civus
Hearing video

ZBA Hearing - January 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 27, 20215h 43m

Okay, again, I'm going to ask Mr. Anastasia, what are the homes like on the block? Are they mainly three units or duplexes?

Similar wording

mostly duplexes there are a few on the other side of wing of hawking that are triplexes

Similar wording

and you know it's our position madam chairwoman uh that you know this property has been a blight

Similar wording

on the community for a very long time uh we believe more not less quality new newest you

Similar wording

know new construction uh uh household living is needed in the neighborhood and that's why we would

Similar wording

proposed three however that being said um and of course it's up to the board's discretion

Similar wording

um two units is is better than none um and it's certainly we could certainly make it work but we

Similar wording

would you know respectfully request the opportunity to breathe some new life into that property

Similar wording

uh and bring it up to speed and the owner would maintain the what would or could be the third unit

Similar wording

if it's empty say it again would the owner maintain that third unit if if it remains empty

Similar wording

the owner would maintain all the units of course okay

Similar wording

does the board of it does the board have any questions and then mr richardson um excuse me

Similar wording

this is sharon saletta i just wanted to say because there are no plans for this um proposed

Similar wording

use or requested to be legalized use it would simply be a proviso maximum two units right

Similar wording

thank you miss lena

Similar wording

okay does the board have any questions no no charles richardson

Similar wording

councilwoman supports the community and as such uh she will support a duplex but she will not

Similar wording

to support a tri-flex planning commission good afternoon madam vice chair members of the board

Similar wording

this the comprehensive plan recommends a single family use for this property we do not believe

Similar wording

that there is a hardship that would require converting the existing two-unit building into

Similar wording

three units we recommend granting we recommend against granting this variance thank you calendar

Similar wording

number one two zero zero eleven twenty seven west winga hawking street my vote is yes to two units

Similar wording

maximum yes for proviso can i add a provide can i add an additional proviso to store the trash

Similar wording

in the back i think with that list of requests that's probably the only one i can

Similar wording

asked to be enforced miss saletta is that correct um i'm sorry i didn't see the list of requests

Similar wording

um i think tina's tina someone said trash in the back property manager sure that can um trash to

Similar wording

be stored within property lines okay and trash to be stored in property lines but we can't force

Similar wording

the owner to participate in the neighborhood cleanup. Is that correct?

Similar wording

It's certainly our intention to be an active member of the community. So if that helps.

Similar wording

The owner said she would participate with the community effort to employ people within

Similar wording

the community which would reduce violence in that area as well she did indicate she would do that as

Similar wording

well yes she did but i don't think we could attach those requirements to a permit but

Similar wording

attorney soletta would probably know better no you cannot they are not enforceable by l and i

Similar wording

okay the only one that is maximum two units and trash stored in the back

Similar wording

excuse me verne would that be the rear yard where it will be stored

Similar wording

it can certainly be stored in the rear of the property yes okay thank you just so i get the

Similar wording

language right thank you okay thank you okay everyone's voted i don't think so i'll i'll

Similar wording

vote again. Yes for Proviso. Yes for Proviso. Okay. Thank you. Thank you.

Similar wording

okay thank you thank you calendar number 0322 1400 south 7th street

Similar wording

the attorney is michael phillips

Similar wording

good good afternoon uh madam vice chair members of the board michael phillips 1500 market street

Similar wording

suite 3400 philadelphia pa 19102 good afternoon do you swear or affirm to tell the whole truth and

Similar wording

nothing but the truth i do you also agreed away the reading of the refusal and stipulate to its

Similar wording

accuracy i do have you emailed the exhibit packet five days in advance of this hearing

Similar wording

and does it have the proof of ownership tax compliance refusal and referral photos and or

Similar wording

plans of the property, and have you met with your RCO, and do you have a letter?

Similar wording

Yes. This is a continuation. Chelsea Dalcy, who is the owner, was at a prior hearing in October,

Similar wording

but without counsel. All of the packet was emailed previously, and I re-sent it to Ms.

Similar wording

Soletta in the CBA earlier this week.

Similar wording

Okay, you may proceed.

Similar wording

And Michael Phillips here on behalf of Chelsea Dalsey, who is the owner of 1400 South 7th Street.

Similar wording

We are here seeking, I'm just going to share my screen.

Similar wording

we're here seeking variants solely for an addition above an existing garage on what is a two-bedroom

Similar wording

two-bathroom single-family home at the southwest corner of 7th and Reed Streets. Ms. Dalsy

Similar wording

purchased the property in 2016. This is a rendering of what the property would look like.

Similar wording

Here is a current photo of it here this yellow building on the corner. As you'll see there is an

Similar wording

existing garage that has been there since 1938 when it was installed by I believe there was

Similar wording

variants in 1938 to permit it. Ms. Dalsey is simply looking to build a one-story addition

Similar wording

above the garage and then remove her existing pilot house which is really cramped in and has

Similar wording

been causing significant issues with her roof and have a stairway leading from the second floor

Similar wording

up to a roof deck and this is a rendering of what it would look like in the future.

Similar wording

The refusal that we received is simply just for rear yard depth. Seven fees required,

Similar wording

none is proposed, as we are building directly above that existing condition.

Similar wording

Ms. Dalsey and her prior representative did meet with the community back in October.

Similar wording

The individuals in attendance voted one to nothing in favor,

Similar wording

but Pashank Square did ultimately oppose the granting of the variance.

Similar wording

I was not at that meeting, so can't attest to why they voted that way,

Similar wording

but Ms. Dalsey is here and will be able to testify as to her hardship.

Similar wording

We'll just zoom in on the proposed plans.

Similar wording

Again, this is the existing first floor layout.

Similar wording

Now, Ms. Dalsey, as I mentioned, purchased the property in 2016.

Similar wording

She had a new roof that was put on with stucco work, and there was significant damage done by the contractors to the roof as a result of the way the pilot house existed.

Similar wording

It was really cramped, wasn't really roofed in correctly, and it caused significant damage to her home.

Similar wording

So her entire roof needs to be rebuilt at this point in time.

Similar wording

and due to the size of the house we're talking about a 680 square foot lot she wants to

Similar wording

both include a bedroom so it becomes a three bed two bath and she can eventually have a family

Similar wording

here in the home and also make this condition with the existing pilot house safer

Similar wording

for her. In terms of how it would impact the surrounding properties, you'll notice that

Similar wording

her property fronts 7th Street. The neighboring property over here fronts Reed. So this is a

Similar wording

party wall here. There's no light that it would or windows that she would be impacting. Any windows

Similar wording

would be on a party wall. There is an existing three-foot alley right here. Also the neighboring

Similar wording

uh alley right here also the neighboring property here at 1402 already juts out um beyond uh miss

Similar wording

property here at 1402.

Similar wording

dalsey's and again uh with this uh parapet right here we're talking about about five and a half

Similar wording

feet that she would go above that and then um would just connect uh here um so uh with the

Similar wording

rebuilding of the roof and you know currently the the property is vacant and been gutted um

Similar wording

Ms. Dalsey is living elsewhere right now while she's awaiting the renovations to the home,

Similar wording

and then she intends to move back and live here as her primary residence.

Similar wording

Again, this is the proposal of what it will ultimately look like.

Similar wording

Here is the home at 1402.

Similar wording

Here is the Reed Street property that fronts Reed.

Similar wording

And again, this is going right over the existing garage, only to the second floor.

Similar wording

We're not proposing to go all the way up.

Similar wording

We would eliminate the pilot house that is currently right here, and she would access the roof through the outdoor stairs.

Similar wording

And this is the third floor bedroom.

Similar wording

That's the master bedroom that she would exit out to lead up to the roof deck.

Similar wording

So Passing Square is a no?

Similar wording

The individuals in attendance, it was only a one-nothing vote.

Similar wording

I believe Passing Square went five to two on this.

Similar wording

Again, I was not at that meeting.

Similar wording

I did not represent Ms. Dalsey at the time, so I cannot attest to why they voted that

Similar wording

way.

Similar wording

There were questions about the legalization of the garage and whether that was a legal

Similar wording

garage, and it was legalized in 1938 and has been there ever since.

Similar wording

Have you met with the councilman?

Similar wording

No, the councilman sent a letter just to the same effect of the community, just following

Similar wording

what the community said.

Similar wording

Opposing it?

Similar wording

Yes.

Similar wording

I would like Ms. Dalsey to be able to put some testimony on the record about the proposed change.

Similar wording

And again, I don't see why this would be controversial given the real minimal impact this would have both on any neighboring properties and the small scope of relief that's being requested here.

Similar wording

And she would be permitted to do this if there were, I guess, setbacks seven feet, but due to the fact that we're at a 680-square-foot lot size, she really doesn't have much square footage to work with here.

Similar wording

And making this a three-bed, two-bath would allow her to eventually raise a family here and make this her forever home.

Similar wording

Can you ask your client to raise your hand?

Similar wording

Chelsea, can you raise your hand?

Similar wording

Ms. Chelsea, you can unmute yourself

Similar wording

and wait to be sworn in.

Similar wording

Can you hear me?

Similar wording

Yep.

Similar wording

Chelsea, I'm just going to swear you in.

Similar wording

Ms. Carroll?

Similar wording

Yes.

Similar wording

Do you swear or affirm to tell the whole truth

Similar wording

and nothing but the truth?

Similar wording

Chelsea, you heard my testimony a moment ago. Was everything I stated true and accurate?

Similar wording

Absolutely. Okay, and do you agree to adopt my testimony as your own?

Similar wording

Yes. Okay, and can you just explain for the board in your own words the current condition,

Similar wording

what happened with the contractors and the need to replace your roof, and why you're here seeking

Similar wording

uh this variance uh for the uh the second floor addition and roof deck sure um when i bought the

Similar wording

house in 2016 um i guess the previous owner had put on what was supposed to be a brand new roof

Similar wording

um and what we found out when the building inspector came through was that they were

Similar wording

scammed basically and there was an extra roof put on but not a roof replacement and removal

Similar wording

so the first thing i did after i bought the house was completely rip off the roof and have them put

Similar wording

back on they left the pilot house in place which had been done by those previous roofers who also

Similar wording

installed a really steep incredibly dangerous staircase inside the house to get to the roof

Similar wording

through that pilot house um just when i had this roof collapse and we pulled everything back and we

Similar wording

saw that the pilot house was part of the problem um and i already put we've gone through two roofs

Similar wording

in two years so far um you know the idea of making one flat roof that i could put a safe roof deck

Similar wording

above and not have to worry about this for a while because i intend on i love this neighborhood i love

Similar wording

the house or what i'm hoping the house will be um and i want to stay you know i don't have to

Similar wording

worry about this going forward so um the fact that the house is completely gutted from the

Similar wording

water damage and it's been sitting like that um also made it a great time to if i was going to

Similar wording

put an addition on which is something i was hoping to do um when i had a family i realized this might

Similar wording

be the best time to do it.

Similar wording

And that was really where the motivation was for all of us.

Similar wording

And that was really where the motivation was for all of us.

Similar wording

Mr. Phillips, if I can interrupt, I apologize.

Similar wording

I was having audio problems.

Similar wording

I wanted to ask a couple of questions.

Similar wording

The party wall of the first house on Reed Street.

Similar wording

Yes.

Similar wording

It appears that there's an air conditioning unit.

Similar wording

Is that air conditioning through the wall or is it through,

Similar wording

is that a window air conditioning unit?

Similar wording

would you happen to know that from here it looks like it may be in a window

Similar wording

and i'm wondering if that that if it is a window which it appears is that window facing

Similar wording

the rear of 1400 or 1402 south 7th street so i believe in chelsea correct me if i'm wrong i

Similar wording

believe it is a window would be an illegally constructed window because that is right on the

Similar wording

party line if it is with the air conditioning unit coming out I believe it is more so like

Similar wording

it straddles the line between 1400 and 1402 but Chelsea if you can just speak to that briefly

Similar wording

yeah that is a window it is there's one that's that whole side is solid except for in the rear

Similar wording

and then that one window that's it literally is kind of in the middle so I don't I can't even

Similar wording

tell you exactly where it falls on the line but it's it almost falls slightly on this on my third

Similar wording

we're a little bit off because they have a raised basement or their basement ceilings are higher so

Similar wording

it's like a little bit on the third floor and a little bit on 1402 but it is some of the faces

Similar wording

my property yeah i'm somewhat familiar but there is an alleyway so it's really not in a budding

Similar wording

party wall yeah all right you got the alleyway uh the depth of the deck uh not the top roof uh

Similar wording

coming out of the second floor what is the depth of that deck as it goes out to the property line

Similar wording

sure so that depth uh out to the property line uh is uh 13 uh approximately 13 feet

Similar wording

i'm just trying to maybe i i don't know if there's anybody else who's testifying what the

Similar wording

objection is i mean it's not unusual roof decks are i mean i live a couple blocks away so roof

Similar wording

decks are everywhere in that neighborhood i'm just curious of what is driving the opposition

Similar wording

and if there's anyone on i'd like to hear what the opposition is

Similar wording

i didn't mean to get in front of you carol but i that's okay audio was down again

Similar wording

so is there anyone else to testify in this case i don't see any hands here

Similar wording

all right planning commission good afternoon david effecto city planning commission mr chairman

Similar wording

members of the board this comprehensive plan recommends this property for single family use

Similar wording

we do not object to granting this variance okay thank you uh mi 2020-000-322-1400

Similar wording

or South 7th Street. My vote is yes. My vote is yes. Good luck. Thank you very much members of

Similar wording

the board. Calendar number 2748 1731 West Hunting Park Avenue. There are no exhibits with this case.

Similar wording

this was mr jared case he's coming back in as a panelist

Similar wording

carol this was one earlier we there was a problem with the uh

Similar wording

exhibits being sent and we said we'd like we'd we'd overlooked that because of extenuating

Similar wording

circumstances okay you've already been sworn in yes i have thank you very much uh good good

Similar wording

afternoon again members of the board Jared Klein from Black Rome on behalf of the applicant the

Similar wording

opportunity services center I'm going to share my screen and as I mentioned earlier this application

Similar wording

has some broad-based community support and I know the board has a long agenda so I'll endeavor to

Similar wording

be as brief as I can the application is for 1731 West Hunting Park which is on the corner of Hunting

Similar wording

Park and Clarissa Street and the application is to erect a new detached structure that's

Similar wording

going to be used as 41 age-restricted senior affordable housing units with 14 off-street

Similar wording

parking spaces. The refusals that we got are for the use, the number of parking spaces,

Similar wording

and for the structure height. I'll show some more contextual images of where the site is

Similar wording

located in in a moment um but it is located near the wayne junction septa station and a variety of

Similar wording

But it is located near the Wayne Junction SEPTA station and a variety of walkable retail areas that we think works well for having a parking variance granted.

Similar wording

I'll jump right to the conversations we had with the community association and then walk through the plans.

Similar wording

There are a variety of letters of support in the materials that I submitted to the board.

Similar wording

This one is the Nicetown CDC, which notes that they extend their full support to our efforts to bring safe, quality and affordable service-enriched housing.

Similar wording

We have a letter from the 13th Ward RCO, which was the coordinating RCO that had a vote of 7-0 in support.

Similar wording

And we also have letters from, bear with me, the Vice President of the Boys and Girls Club of Philadelphia,

Similar wording

which has its location close to this property, as well as a letter of support from the Mastery

Similar wording