civus
Hearing video

ZBA Hearing - October 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20224h 18m

Hi, Mr. Laver, could you state your name and spell it for the court reporter for the record?

Similar wording

Yes, Adam Laver, L-A-V-S and Victor, E-R, blank Rome, 1 Logan Square, Philadelphia, 19103.

Similar wording

Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, Mr. Chairman, I do.

Similar wording

Could you identify your client and their relationship to the property, please?

Similar wording

Yes, we represent 750 South 10th Street LLC, the owner of the subject property. With me today is

Similar wording

Henry Sullivan, its principal. Okay, and our vice chair has a few questions. Hi, Mr. Labor. Do you

Similar wording

agree to waive the reading of the refusal and stipulate to its accuracy? Good afternoon,

Similar wording

Mrs. Tenera. Yes, I do. Have you emailed the exhibit packet with proof of ownership,

Similar wording

tax compliance, a copy of the refusal or referral,

Similar wording

voted under plans of the property five days in advance of this hearing,

Similar wording

and have you met with the RCO, and do you have a letter?

Similar wording

Yes, we have, and we have a letter of non-opposition

Similar wording

from both the coordinating RCO as well as the district council member.

Similar wording

That's great. You may proceed, and you've already started

Similar wording

the screen share. Thank you. Thank you very much.

Similar wording

To begin with, I have on the screen an aerial photograph. The property is located here where my virtual hand is within the Bella Vista neighborhood on 10th Street between Fitzwater and Catherine Street on the same block as Dante and Luigi's right here at the corner, which is a landmark for many of us.

Similar wording

Here you can see the zoning map showing that the subject property is RM1 and it's solidly RM1

Similar wording

along this stretch of the block. And here is an exterior photo. We're looking at the property

Similar wording

that has the yellow shutters at the ground floor and is to the right on your screen.

Similar wording

The property itself is nearly 4,500 square feet. It is owned RM1, as I mentioned, and it's professionally managed by Altera Property Group. Altera has appeared before the board many, many times over the years.

Similar wording

Henry Sullivan, who I mentioned, and is the principal of the owner of the property, lives within walking distance of 10th Street, very close walking distance with his family.

Similar wording

He purchased the property along with the neighboring property 752, which is not before the board, but I mentioned it by context, in October of 2021, just one year ago.

Similar wording

Sorry about that. At the time of purchase, there were eight apartments at this property.

Similar wording

This application seeks to document the existing conditions and actually confirm that once Henry purchased the property,

Similar wording

he reduced the actual use of the property from eight apartments that had been there undocumented

Similar wording

to six families now. The L&I records, however, reflect five. The reduction in units that I

Similar wording

mentioned that occurred right away was at the first floor. On the screen before you is the refusal,

Similar wording

and I've taken the liberty of highlighting what I think is at the heart of what we're looking at.

Similar wording

This concerns one use refusal, a de minimis variance. There would be a requirement of 2,400 square feet of lot area for six families. The square footage of the site is 2,072.37 square feet. That is a difference of 327.63 square feet. Very minor, I've highlighted.

Similar wording

27.63 square feet. Very minor. I've highlighted the number up here on the screen.

Similar wording

I'd like to show you what some of the property looks like. And these are some photographs.

Similar wording

It's, although the property is not certified historic, it really is beautifully restored

Similar wording

and in great condition. And the existing configuration respects the exquisite interior.

Similar wording

It's replete with original millwork, crown moldings, plaster detail, as you can see in the ceiling, and the doors.

Similar wording

To conform with the code would require the partial demolition of historic elements within the interior.

Similar wording

Even with the historic nature of the property, we have a modern touch by keeping the brick wall that you can see there, and complete new kitchen fittings, etc.

Similar wording

etc. Moving to the floor plans, the basement does not have livable space. It has storage

Similar wording

and mechanics. The first floor in its current configuration has one unit at the front,

Similar wording

one unit at the rear. The nice thing about the rear unit is it has a private garden in

Similar wording

the back. So you're going to see that it's a three-story property with two units per

Similar wording

floor and with the staircase preserved at the interior. At the top, we have the second floor

Similar wording

front, second floor rear, and then third floor front, third floor rear, slight change in elevations

Similar wording

there with the existing conditions for the third floor. So once again, in sum, two apartments per

Similar wording

floor separated by the central staircase. Bella Vista Neighbors Association Zoning Committee,

Similar wording

the coordinating RCO, has submitted a letter of non-opposition.

Similar wording

Noted in the letter, if I may, quote, the applicant purchased this RM1 district designated

Similar wording

property in late 2021, learning that it contained eight dwelling units, where only five are

Similar wording

permitted as per zoning variance granted in 1963. In an attempt to bring the use into zoning

Similar wording

compliance, and given the considerable expense of the conversion, the applicant is seeking to

Similar wording

reduce the total number from eight to six by legalizing one of the excess units. I'm paraphrasing.

Similar wording

Three nearby neighbors within 250 feet offered support for the application,

Similar wording

none opposed. And the letter also notes that they received support from another neighbor who could

Similar wording

not attend. Similarly, the district councilman, council member Mark Squilla, stood by the

Similar wording

coordinating RCO offering non-opposition. And near neighbors submitted letters addressed to

Similar wording

coordinating RCO, reflecting on the non-conforming nature of large number of properties on the block

Similar wording

and the investment put into this property to preserve the non-conforming nature, the

Similar wording

historical conditions, etc. I leave you on this page. On the right, you can see

Similar wording

the property looking towards Dante and Luigi's. There on the right, you can't see it, but it's

Similar wording

there. This is in line, very much in line with the block, which is why from a coordinating RCO

Similar wording

perspective, this case was really a non-event and there were expressions of appreciation for a local

Similar wording

Henry being so involved with preserving a property. Members of the board, this proposal

Similar wording

fits into the surrounding neighborhood as evidenced by the non-opposition of the coordinating RCO

Similar wording

and the district council member, the support of nearby neighbors. The proposed variance would

Similar wording

represent the minimum variance to afford relief and will represent the least modification possible

Similar wording

of the one regulation at issue. You'll recall that square footage difference of 327

Similar wording

feet and change. The grant of variance relief will not substantially increase congestion in the

Similar wording

public streets, increase the danger of fire or otherwise in danger of public health, safety,

Similar wording

to your general welfare, we are actually proposing a decrease in the actual density conditions.

Similar wording

This will not adversely affect transportation or unduly burden water, sewer, school park,

Similar wording

or other public facilities. There are no environmental issues. At the appropriate

Similar wording

time, Mr. Chairman, I believe that Mr. Sullivan is present to adopt and affirm.

Similar wording

That's fine. Absolutely.

Similar wording

Mr. Sullivan, would you kindly raise your virtual hand?

Similar wording

mr sullivan has been allowed to speak hi mr sullivan could you state your name and spell

Similar wording

for the court reporter please yes it's henry sullivan h-e-n-r-y s-u

Similar wording

Yes, it's Henry Sullivan, H-E-N-R-Y-S-U-L-L-I-V-A-N.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, sir.

Similar wording

Proceed, counsel.

Similar wording

Good afternoon, Mr. Sullivan. Have you been present for the entirety of the hearing this afternoon in this matter?

Similar wording

Yes.

Similar wording

And would you adopt and affirm the testimony that I've offered as your own?

Similar wording

Yes.

Similar wording

Thank you, sir.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

questions or comments from the virtual audience

Similar wording

i see no hands mr chair planning commission thank you chair bergman david effecto city

Similar wording

planning commission mr chairman and members of the board the comprehensive plan recommends no

Similar wording

change to the residential multi-family zoning at this location the applicants requested dimensional

Similar wording

variance is a result of previous existing conditions at the property and so the city

Similar wording

planning commission recommends that the board grant the dimensional variance for a sixth dwelling

Similar wording

unit thank you mi 2022 003 469 750 south 10th street i vote yes carol tenary my vote is yes

Similar wording

thomas holliman my vote is yes james snell my vote is yes

Similar wording

thank you council thank you mr chairman members of the board good afternoon

Similar wording

is there anyone in the virtual audience whose case has not been called from the 2 p.m list

Similar wording

no hands mr chair okay let's take a five minute break and then we'll move into the 3 30 list

Similar wording

and i think we should go through that pretty quickly thank you everyone thank you

Similar wording

Good afternoon. My name is Bill Bergman, and I will be doing the 3.30 ZBA hearings. With me

Similar wording

is Carol Tenere, our vice chair. Present, Mr. Chair. Ishmael Shaheed, our board secretary.

Similar wording

Present, Mr. Chairman. Thomas Holliman, our board member. Present, Mr. Chairman.

Similar wording

And James Snell, our board member.

Similar wording

Present Mr. Chairman.

Similar wording

Also, our board attorney here, Hillary Emerson, and our ZBA hearing supervisor, Lakeisha Dandy, is here.

Similar wording

Here's our virtual format.

Similar wording

Be advised, the proceedings will be recorded.

Similar wording

By participating, do knowledge agreement to be recorded.

Similar wording

The video will be available by contacting TanyaSunkett at phila.gov.

Similar wording

For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

To enter an appearance statement, call 267-270-5548.

Similar wording

Leave your email and the address of the property in question.

Similar wording

And finally, the question answer box on the screen is not for comments or testimony.

Similar wording

All comments should be directed to our executive director, Tanya Sumkin.

Similar wording

Let's look at this afternoon's continuances.

Similar wording

Number two, MI 2022-003-196-332-232 West Penn Street.

Similar wording

That case is continued.

Similar wording

Number three, MI 2022, 000397, 2005 South 4th Street. That case is continued. Mark must be

Similar wording

tried. And number four, MI 2022, 003195, 230 West Penn Street. That case is continued. Are there any

Similar wording

questions or comments relative to those three cases? Afternoon, Mr. Chair, this is Jason Hand.

Similar wording

I do not see any hands at this time. Are there any additional requests for continuance?

Similar wording

Once again, sir, no hands for continuances. Thank you. We have two cases that I see no exhibits.

Similar wording

Number five, MI 2022-003-171, 3421-35 Richmond Street. No exhibits, first listing. Attorney is Leo Mulvihill.

Similar wording

Sir, I do not believe I see Mr. Mulvihill in the virtual audience today.

Similar wording

No hands?

Similar wording

No, sir.

Similar wording

Okay. MI 2022-003-171, 3421-35 Richmond Street. That case is continued.

Similar wording

3421 to 35 Richmond Street.

Similar wording

That case is continued.

Similar wording

And I have one more case with no exhibits.

Similar wording

MI 2022, 000290, 5651, 63 Walnut Street.

Similar wording

CGI Construction is listed applicant.

Similar wording

There's no exhibits.

Similar wording

This is the second listing.

Similar wording

Once again, sir, I do not see any hints.

Similar wording

So MI 2022-000-290-5651-63 Monastery.

Similar wording

That case is continued as marked must be tried.

Similar wording

We're going to go to our list.

Similar wording

Number one, MI 2022-003-143-3769 Glen Street.

Similar wording

Sean Ward is the attorney.

Similar wording

recommendation support from West Tarsdale Broad Park Civic Association and also petitions signed

Similar wording

by approximately 24 neighbors. Mr. Ward. Mr. Chair. Yes. Sorry. Sorry, Jason. Mr. Chair,

Similar wording

we also have received a letter of non-opposition from Councilman Brian O'Neill. Okay, great. Thank

Similar wording

Thank you, Mr. Ward.

Similar wording

Good afternoon, Mr. Chairman and members of the board and go Phillies.

Similar wording

We see your uniform, Mr. Ward.

Similar wording

Could you sedate your name and spell for the court reporter?

Similar wording

Sean Ward, S-H-A-W-N-W-A-R-D, attorney for the applicant owner, Joanne Murphy, and her son, Joe Murphy.

Similar wording

My address is 331 East Street Road, Trevos, PA, 19053.

Similar wording

You swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I certainly do.

Similar wording

Our vice chair has a few questions.

Similar wording

Carol?

Similar wording

I'm on mute again.

Similar wording

Hi, Mr. Ward.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

have you emailed proof of ownership tax compliance a copy of the refusal or referral photos and or

Similar wording

plans of the property five days in advance of this hearing and have you met with the rco and

Similar wording

do you have a letter yes to all the above and in addition we received uh earlier this afternoon

Similar wording

a letter of support or i mean non-opposition from councilman brian o'neill and i have that

Similar wording

ready to screen share as well. Thank you so much. You may proceed and begin to share your screen.

Similar wording

And yes, go Phillies. Excellent. Thank you very much. Mr. Chair, I've submitted my typical

Similar wording

exhibit packet. Present with me today on the call is Joseph Murphy, son of Joanne Murphy.

Similar wording

Joe is a Philadelphia police officer, resides with his mother at Glen Street, and he is available

Similar wording

today to verify and adopt and answer any questions. In any event, the notice of refusal.

Similar wording

This is an application for a permit for the erection of a shed and covered deck

Similar wording

adjacent to the rear of the property at Glen Street. It resulted in two-dimensional refusals

Similar wording

simply for rear yard setback, whereas 20 feet is required, one foot, eight inches was,

Similar wording

you know, constructed. And a side yard setback, 10 feet minimum is required versus three foot,

Similar wording

which was constructed. So we're seeking dimensional variances. And very quickly,

Similar wording

I would point out all the other dimensions of the structure comply with the code.

Similar wording

We're just talking about the setbacks at the rear yard and a side. So A2 is the ZBA application

Similar wording

of Appeal. A3, the Project Information Form. A4, Proof of Ownership. A5, Tax Clearance.

Similar wording

A6 is the Site Plan. A7 is the Deed Map. A8 are the photographs. A9 is the RCO Letter of Support

Similar wording

from West Tarsdale Civic. In addition, I added A9.1, which was the Petition of Support as

Similar wording

referenced by the Chair. A10 is the District Council Letter, which we do have a copy of and

Similar wording

was emailed today by Alice Udovich, U-D-O-V-I-C-H, councilman's assistant. A11, relevant zoning

Similar wording

history, A12, the zoning map, and A13 is the aerial photograph. So very quickly, again,

Similar wording

the refusal resulted in just dimensional setback, variance requests. We have our application of

Similar wording

appeal. We have our project information form, copy of the deed. Mrs. Murphy and her

Similar wording

a copy of the deed. Mrs. Murphy and her husband, John, purchased the property back in 1971.

Similar wording

I believe new construction at that time. We have tax clearance. We have the site plan.

Similar wording

I think I want to go to the photograph first before we go back to the site plan.

Similar wording

So you'll see in the site an aerial photograph at a property front on Glen Street down here where it says Google.

Similar wording

That would be the front of the house. It's a two-story frame construction home. It has a built-in swimming pool, as do many of the other homes in the neighborhood. And the structure at the rear of the property is what we're here to talk about today.

Similar wording

um here's just another shot of it um let me go back to this photograph okay so basically uh

Similar wording

uh what uh what joe murphy constructed for his mother was a shed and then basically a covered

Similar wording

uh patio you know adjacent to the pool uh to provide shade and uh and respite so she could

Similar wording

you know basically spend time out there with her grandchildren to you know and but but remain in

Similar wording

of shade. So we have other, you know, again, photographs in a neighborhood. So, you know,

Similar wording

despite the fact that it's close to the fence, there appears to be some activity on the other

Similar wording

side of the fence. But again, there's a high fence separating the two properties. And I believe we

Similar wording

have the support of those neighbors anyway. So let me go back to the plan just to show you.

Similar wording

Okay. So when we look at the plan itself, again, the property fronts on Glen Street. Glen Street, if you're not aware, is off of Academy Road across from the Northeast Philadelphia Airport.

Similar wording

It's a very quaint little area known as West Tarsdale.

Similar wording

Again, we have a two-story frame dwelling, the in-ground pool, and then the area that we're talking about is the 20 by 12 shed.

Similar wording

And with a 12 by 12 covered deck, all incorporated into one unit.

Similar wording

so if we look at the elevation so again looking at it from say the pool or the back of the house

Similar wording