Hi, Mr. Laver, could you state your name and spell it for the court reporter for the record?
Yes, Adam Laver, L-A-V-S and Victor, E-R, blank Rome, 1 Logan Square, Philadelphia, 19103.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Yes, Mr. Chairman, I do.
Could you identify your client and their relationship to the property, please?
Yes, we represent 750 South 10th Street LLC, the owner of the subject property. With me today is
Henry Sullivan, its principal. Okay, and our vice chair has a few questions. Hi, Mr. Labor. Do you
agree to waive the reading of the refusal and stipulate to its accuracy? Good afternoon,
Mrs. Tenera. Yes, I do. Have you emailed the exhibit packet with proof of ownership,
tax compliance, a copy of the refusal or referral,
voted under plans of the property five days in advance of this hearing,
and have you met with the RCO, and do you have a letter?
Yes, we have, and we have a letter of non-opposition
from both the coordinating RCO as well as the district council member.
That's great. You may proceed, and you've already started
the screen share. Thank you. Thank you very much.
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.
Here you can see the zoning map showing that the subject property is RM1 and it's solidly RM1
along this stretch of the block. And here is an exterior photo. We're looking at the property
that has the yellow shutters at the ground floor and is to the right on your screen.
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.
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.
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.
Sorry about that. At the time of purchase, there were eight apartments at this property.
This application seeks to document the existing conditions and actually confirm that once Henry purchased the property,
he reduced the actual use of the property from eight apartments that had been there undocumented
to six families now. The L&I records, however, reflect five. The reduction in units that I
mentioned that occurred right away was at the first floor. On the screen before you is the refusal,
and I've taken the liberty of highlighting what I think is at the heart of what we're looking at.
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.
27.63 square feet. Very minor. I've highlighted the number up here on the screen.
I'd like to show you what some of the property looks like. And these are some photographs.
It's, although the property is not certified historic, it really is beautifully restored
and in great condition. And the existing configuration respects the exquisite interior.
It's replete with original millwork, crown moldings, plaster detail, as you can see in the ceiling, and the doors.
To conform with the code would require the partial demolition of historic elements within the interior.
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.
etc. Moving to the floor plans, the basement does not have livable space. It has storage
and mechanics. The first floor in its current configuration has one unit at the front,
one unit at the rear. The nice thing about the rear unit is it has a private garden in
the back. So you're going to see that it's a three-story property with two units per
floor and with the staircase preserved at the interior. At the top, we have the second floor
front, second floor rear, and then third floor front, third floor rear, slight change in elevations
there with the existing conditions for the third floor. So once again, in sum, two apartments per
floor separated by the central staircase. Bella Vista Neighbors Association Zoning Committee,
the coordinating RCO, has submitted a letter of non-opposition.
Noted in the letter, if I may, quote, the applicant purchased this RM1 district designated
property in late 2021, learning that it contained eight dwelling units, where only five are
permitted as per zoning variance granted in 1963. In an attempt to bring the use into zoning
compliance, and given the considerable expense of the conversion, the applicant is seeking to
reduce the total number from eight to six by legalizing one of the excess units. I'm paraphrasing.
Three nearby neighbors within 250 feet offered support for the application,
none opposed. And the letter also notes that they received support from another neighbor who could
not attend. Similarly, the district councilman, council member Mark Squilla, stood by the
coordinating RCO offering non-opposition. And near neighbors submitted letters addressed to
coordinating RCO, reflecting on the non-conforming nature of large number of properties on the block
and the investment put into this property to preserve the non-conforming nature, the
historical conditions, etc. I leave you on this page. On the right, you can see
the property looking towards Dante and Luigi's. There on the right, you can't see it, but it's
there. This is in line, very much in line with the block, which is why from a coordinating RCO
perspective, this case was really a non-event and there were expressions of appreciation for a local
Henry being so involved with preserving a property. Members of the board, this proposal
fits into the surrounding neighborhood as evidenced by the non-opposition of the coordinating RCO
and the district council member, the support of nearby neighbors. The proposed variance would
represent the minimum variance to afford relief and will represent the least modification possible
of the one regulation at issue. You'll recall that square footage difference of 327
feet and change. The grant of variance relief will not substantially increase congestion in the
public streets, increase the danger of fire or otherwise in danger of public health, safety,
to your general welfare, we are actually proposing a decrease in the actual density conditions.
This will not adversely affect transportation or unduly burden water, sewer, school park,
or other public facilities. There are no environmental issues. At the appropriate
time, Mr. Chairman, I believe that Mr. Sullivan is present to adopt and affirm.
That's fine. Absolutely.
Mr. Sullivan, would you kindly raise your virtual hand?
mr sullivan has been allowed to speak hi mr sullivan could you state your name and spell
for the court reporter please yes it's henry sullivan h-e-n-r-y s-u
Yes, it's Henry Sullivan, H-E-N-R-Y-S-U-L-L-I-V-A-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Proceed, counsel.
Good afternoon, Mr. Sullivan. Have you been present for the entirety of the hearing this afternoon in this matter?
And would you adopt and affirm the testimony that I've offered as your own?
Thank you, sir.
Questions from the board?
No, Mr. Chairman.
questions or comments from the virtual audience
i see no hands mr chair planning commission thank you chair bergman david effecto city
planning commission mr chairman and members of the board the comprehensive plan recommends no
change to the residential multi-family zoning at this location the applicants requested dimensional
variance is a result of previous existing conditions at the property and so the city
planning commission recommends that the board grant the dimensional variance for a sixth dwelling
unit thank you mi 2022 003 469 750 south 10th street i vote yes carol tenary my vote is yes
thomas holliman my vote is yes james snell my vote is yes
thank you council thank you mr chairman members of the board good afternoon
is there anyone in the virtual audience whose case has not been called from the 2 p.m list
no hands mr chair okay let's take a five minute break and then we'll move into the 3 30 list
and i think we should go through that pretty quickly thank you everyone thank you
Good afternoon. My name is Bill Bergman, and I will be doing the 3.30 ZBA hearings. With me
is Carol Tenere, our vice chair. Present, Mr. Chair. Ishmael Shaheed, our board secretary.
Present, Mr. Chairman. Thomas Holliman, our board member. Present, Mr. Chairman.
And James Snell, our board member.
Present Mr. Chairman.
Also, our board attorney here, Hillary Emerson, and our ZBA hearing supervisor, Lakeisha Dandy, is here.
Here's our virtual format.
Be advised, the proceedings will be recorded.
By participating, do knowledge agreement to be recorded.
The video will be available by contacting TanyaSunkett at phila.gov.
For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.
If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email and the address of the property in question.
And finally, the question answer box on the screen is not for comments or testimony.
All comments should be directed to our executive director, Tanya Sumkin.
Let's look at this afternoon's continuances.
Number two, MI 2022-003-196-332-232 West Penn Street.
That case is continued.
Number three, MI 2022, 000397, 2005 South 4th Street. That case is continued. Mark must be
tried. And number four, MI 2022, 003195, 230 West Penn Street. That case is continued. Are there any
questions or comments relative to those three cases? Afternoon, Mr. Chair, this is Jason Hand.
I do not see any hands at this time. Are there any additional requests for continuance?
Once again, sir, no hands for continuances. Thank you. We have two cases that I see no exhibits.
Number five, MI 2022-003-171, 3421-35 Richmond Street. No exhibits, first listing. Attorney is Leo Mulvihill.
Sir, I do not believe I see Mr. Mulvihill in the virtual audience today.
No hands?
No, sir.
Okay. MI 2022-003-171, 3421-35 Richmond Street. That case is continued.
3421 to 35 Richmond Street.
That case is continued.
And I have one more case with no exhibits.
MI 2022, 000290, 5651, 63 Walnut Street.
CGI Construction is listed applicant.
There's no exhibits.
This is the second listing.
Once again, sir, I do not see any hints.
So MI 2022-000-290-5651-63 Monastery.
That case is continued as marked must be tried.
We're going to go to our list.
Number one, MI 2022-003-143-3769 Glen Street.
Sean Ward is the attorney.
recommendation support from West Tarsdale Broad Park Civic Association and also petitions signed
by approximately 24 neighbors. Mr. Ward. Mr. Chair. Yes. Sorry. Sorry, Jason. Mr. Chair,
we also have received a letter of non-opposition from Councilman Brian O'Neill. Okay, great. Thank
Thank you, Mr. Ward.
Good afternoon, Mr. Chairman and members of the board and go Phillies.
We see your uniform, Mr. Ward.
Could you sedate your name and spell for the court reporter?
Sean Ward, S-H-A-W-N-W-A-R-D, attorney for the applicant owner, Joanne Murphy, and her son, Joe Murphy.
My address is 331 East Street Road, Trevos, PA, 19053.
You swear for him to tell the truth, the whole truth, and nothing but the truth?
I certainly do.
Our vice chair has a few questions.
Carol?
I'm on mute again.
Hi, Mr. Ward.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
have you emailed proof of ownership tax compliance a copy of the refusal or referral photos and or
plans of the property five days in advance of this hearing and have you met with the rco and
do you have a letter yes to all the above and in addition we received uh earlier this afternoon
a letter of support or i mean non-opposition from councilman brian o'neill and i have that
ready to screen share as well. Thank you so much. You may proceed and begin to share your screen.
And yes, go Phillies. Excellent. Thank you very much. Mr. Chair, I've submitted my typical
exhibit packet. Present with me today on the call is Joseph Murphy, son of Joanne Murphy.
Joe is a Philadelphia police officer, resides with his mother at Glen Street, and he is available
today to verify and adopt and answer any questions. In any event, the notice of refusal.
This is an application for a permit for the erection of a shed and covered deck
adjacent to the rear of the property at Glen Street. It resulted in two-dimensional refusals
simply for rear yard setback, whereas 20 feet is required, one foot, eight inches was,
you know, constructed. And a side yard setback, 10 feet minimum is required versus three foot,
which was constructed. So we're seeking dimensional variances. And very quickly,
I would point out all the other dimensions of the structure comply with the code.
We're just talking about the setbacks at the rear yard and a side. So A2 is the ZBA application
of Appeal. A3, the Project Information Form. A4, Proof of Ownership. A5, Tax Clearance.
A6 is the Site Plan. A7 is the Deed Map. A8 are the photographs. A9 is the RCO Letter of Support
from West Tarsdale Civic. In addition, I added A9.1, which was the Petition of Support as
referenced by the Chair. A10 is the District Council Letter, which we do have a copy of and
was emailed today by Alice Udovich, U-D-O-V-I-C-H, councilman's assistant. A11, relevant zoning
history, A12, the zoning map, and A13 is the aerial photograph. So very quickly, again,
the refusal resulted in just dimensional setback, variance requests. We have our application of
appeal. We have our project information form, copy of the deed. Mrs. Murphy and her
a copy of the deed. Mrs. Murphy and her husband, John, purchased the property back in 1971.
I believe new construction at that time. We have tax clearance. We have the site plan.
I think I want to go to the photograph first before we go back to the site plan.
So you'll see in the site an aerial photograph at a property front on Glen Street down here where it says Google.
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.
um here's just another shot of it um let me go back to this photograph okay so basically uh
uh what uh what joe murphy constructed for his mother was a shed and then basically a covered
uh patio you know adjacent to the pool uh to provide shade and uh and respite so she could
you know basically spend time out there with her grandchildren to you know and but but remain in
of shade. So we have other, you know, again, photographs in a neighborhood. So, you know,
despite the fact that it's close to the fence, there appears to be some activity on the other
side of the fence. But again, there's a high fence separating the two properties. And I believe we
have the support of those neighbors anyway. So let me go back to the plan just to show you.
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.
It's a very quaint little area known as West Tarsdale.
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.
And with a 12 by 12 covered deck, all incorporated into one unit.
so if we look at the elevation so again looking at it from say the pool or the back of the house