civus
Hearing video

ZBA Hearing - June 14, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jun 14, 20235h 49m

It's a printout from the Philadelphia Atlas website.

Similar wording

It just shows the dimensions of the site or the shape of the size of the site here.

Similar wording

As you can see, 5500 Haverford is bounded by Haverford Avenue here, North 55th Street, and Pearl Street, it is a hook-shaped piece of property.

Similar wording

Just a Google street image here to give the board some perspective.

Similar wording

This is Haverford Avenue.

Similar wording

If you can see my cursor, North 55th Street, you can see the lot here, and you can also see the adjacent four-story Haverford apartments adjacent to the site.

Similar wording

Scrolling further down just through Exhibit A-6, just to give the board a little bit more perspective, these are also posting copies of our proof of posting.

Similar wording

You can see the current conditions of the site here as a perspective from Haverford Avenue, a perspective from North 55th Street, and again, seeing the four-story apartment building adjacent to the site.

Similar wording

And this is just a perspective from Pearl Street.

Similar wording

Jumping over to the refusal here to set the table for the board in terms of the variances that we're here for today.

Similar wording

As you can see here, we have five variances, one use variance for to allow the multifamily household use, and then four dimensional variances for the height, which we're asking for just over four additional feet in height.

Similar wording

And although the refusal lists a zero-foot setback at the rear yard and front yard due to the hook shape and the irregularity of the site, we do have a setback at the rear and front along certain portions of the site.

Similar wording

And although the refusal lists a zero foot set.

Similar wording

But at its worst, we do have the zero-foot setback, so the variance would be at its worst to allow the zero-foot setback.

Similar wording

But again, it's not a zero-foot setback along the entire perimeter of the site.

Similar wording

And then our initial application that generated this refusal proposed an open space of 18.1%. And we met with our RCO in April, and I'll jump to the letter of support that we have from the RCO here from HMC Squared Community Association.

Similar wording

And that meeting took place on April 20th. Again, here I'm showing here as part of my Exhibit A11, their letter of support with Proviso, dated April 29th.

Similar wording

We have agreed to this Proviso. And then if I jump over to the Proviso plan form that we submitted in connection with this, and let me just rotate my screen here so no one's craning their necks.

Similar wording

I could show the board here that we have agreed to that eight foot one setback on Pearl Street.

Similar wording

That was the provisor subject to the letter of support from the RCO.

Similar wording

As a result of pushing the building back from Pearl Street, the building coverage has reduced slightly, thus increasing our open space.

Similar wording

We believe that this property should be viewed as a corner lot.

Similar wording

As you can see here, you have two adjoining streets here making a corner, Haverford Avenue, North 55th Street.

Similar wording

If I could toggle over here to my legend, you can see if this is viewed as a corner lot, we now meet the minimum open space, thus eliminating that variance.

Similar wording

However, the examiner, in our case, viewed this as an intermediate lot, which would require under the code 25% open space, and we are proposing 20.

Similar wording

And I should back up. I overlooked one piece here on the, excuse me, on the refusal.

Similar wording

and notes that the property split zone CA1 and RSA5. And as you can see, the examiner in our

Similar wording

case applied RSA5 to our case. So for the open area requirements that I was just discussing,

Similar wording

that 20% would be required for a corner lot and 25% would be required for an intermediate lot.

Similar wording

So again, we feel that it should be viewed as a corner lot and we do now comply. As you can see,

Similar wording

we've also made some adjustments to the walkway widths, and we now have bay window projections

Similar wording

that were shown to the RCO during the community meeting. So just to confirm again for the board,

Similar wording

we are in agreement with that proviso from the community, and we're showing that on the board

Similar wording

here. Let me just rotate my screen back here, excuse me. So again, this is just perspectives

Similar wording

and renderings that were prepared by our Architects OZ Collaborative.

Similar wording

In the interest of time, I know we've gone way over here.

Similar wording

You can just note through my packet, through page 63,

Similar wording

we have a number of renderings and massings for the site that the board has seen.

Similar wording

And also for the record, in the interest of time,

Similar wording

I'll just mark that we also have a copy of our deed,

Similar wording

which is Exhibit A1 to our packet.

Similar wording

Exhibit A2 is a zoning permit application that was submitted to L&I.

Similar wording

Exhibit A-4 is our certificate of tax compliance. Exhibit A-7, the drawings that were submitted to Dell and I. Exhibit A-10, the community meeting notice with the proof of mailing. And Exhibits A-12 and 13 are the respective CVs for our design professionals.

Similar wording

um before i have my design professionals come up um i would like uh just to make a few statements

Similar wording

about the uh requested variances um we respectfully would assert that the development would promote

Similar wording

access to affordable housing in the city where we're seeing property values rise and and put

Similar wording

low-income individuals at the risk of displacement affordable housing uh proves improves the quality

Similar wording

of life of residence by leading to better health, well-being, financial stability, security,

Similar wording

and population diversity. We also would respectfully assert that affordable housing is

Similar wording

crucial for a child's well-being, and there are a number of two- and three-bedroom apartments

Similar wording

or units that are proposed in connection with this development. And last, as I've already

Similar wording

indicated, this development would provide a sustainable community in the place of what's

Similar wording

now a vacant lot in the area of the city. As to the dimensional relief, the property is clearly

Similar wording

an irregular lot, which is a condition that was not created by the applicant and also frustrates

Similar wording

our ability to design and lay out a building that would comport to the specific dimensional

Similar wording

requirements that are required under the code. And further, the number of units here are necessary

Similar wording

And further, the number of units here are necessary for financing purposes. If we were to lose that additional height that we're requesting, the four feet, which we're arguing is the minimum variance that is necessary, we would lose about 10 units and thus make the project not feasible.

Similar wording

for financing purposes.

Similar wording

We also, as I mentioned, we have a number of two and three bedroom units, many of which are accessible. I believe we have nine wheelchair accessible units part of this project that are going to serve a demographic of low-income families.

Similar wording

And again, just to close here, the requested variances are the minimum variance that would afford relief and represent the least modification possible of the use of the dimensional regulations at issue.

Similar wording

I won't reiterate the corner lot. I've already stated that.

Similar wording

But again, if the board is inclined to agree with the examiner and view this as an intermediate lot, we do believe that the 5% variance on the open area is a minimal variance.

Similar wording

um we would argue that the variances will not have a substantial increase in the congestion

Similar wording

of the public streets many of our low-income tenants rely on public transportation um

Similar wording

the granted variances will not increase the danger of fire or otherwise in danger of public health

Similar wording

safety general welfare nor will they respectfully uh we believe in um permanently endure substantially

Similar wording

endure endure the adjacent property again we've uh working with the community we have agreed to

Similar wording

setback Pearl Street, that eight feet, which addresses those concerns about the separation

Similar wording

of the building for light and things of that nature.

Similar wording

The grant of the variances will not adversely affect transportation or unduly burden, water,

Similar wording

sewer, school, park, or other public facilities.

Similar wording

Granting the variances will not adversely or substantially affect the implementation

Similar wording

of any adopted plan for the area in which the property is located, nor will we create

Similar wording

any, let alone significant, environmental pollution, erosion, or anything of that nature.

Similar wording

And before I add, Mr. Chairman, my witnesses come up.

Similar wording

I would just ask that the board look favorably upon this development and the variances which we believe are required that will result in a modern, affordable, accessible housing development in a place of an overgrown vacant lot right now.

Similar wording

So, Mr. Chairman, that would conclude my testimony to the board.

Similar wording

I do have three witnesses I would like to just call just to adopt them for my testimony if that's acceptable to the board.

Similar wording

Fine. It's just going to be able to adopt your testimony, right?

Similar wording

That's correct, sir.

Similar wording

okay fine um could i have paul aislesworth promoted please

Similar wording

he's been allowed to speak i sir could you state your name and spell for the court stenographer

Similar wording

yes i'm paul p-a-u-l ailsworth a-y-l-e-s-w-o-r-t-h right do you swear affirm to tell

Similar wording

the truth the whole truth nothing but the truth i do proceed counsel oh you're the real estate

Similar wording

director for wcrp i am and and you have been involved in the community uh meetings with this

Similar wording

project yes and did you and you've been sitting through the course of my testimony did you hear

Similar wording

all of my testimony today yes is it true and correct to the best of your knowledge

Similar wording

yes it is and would you adopt that testament as if it were your own

Similar wording

yes i will um mr chairman could i have ronald glenn promoted please sure mr glenn

Similar wording

do not speak hello uh could you state could you state your name and spell for the court

Similar wording

stenographer please of course ronald glenn r-o-n-a-l-d-g-l-e-n-n do you swear a firm to

Similar wording

tell the truth the whole truth and nothing but the truth i do proceed counsel mr glenn i'm showing

Similar wording

here, which is marked Exhibit A-12. This is a copy of your resume? Correct. And you are the

Similar wording

civil engineer on the project on behalf of Rogerio? Yes, I am. And have you heard all my testimony

Similar wording

today before the board? Yes, I have. And is it true and correct to the best of your knowledge?

Similar wording

Yes. And would you adopt that testimony as if it were your own? I would, yes. Thank you. Last

Similar wording

witness, Mr. Chairman, Carolyn Kriego from OZ Collaborative. Okay. Hi, could you state your

Similar wording

name, please, and spell for the court stenographer. Hi, my name is Carolyn C-A-R-O-L-Y-N

Similar wording

C-R-E-G-O. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the

Similar wording

truth? I do. Proceed, counsel. Carolyn, I'm showing under Exhibit A13, this is a true and correct

Similar wording

copy of your resume? Yes. And you have been present throughout the course of my testimony today?

Similar wording

I have.

Similar wording

And is it, excuse me, true and correct to the best of your knowledge?

Similar wording

Yes.

Similar wording

And would you adopt that testament as if for your own?

Similar wording

Yes.

Similar wording

And I shouldn't last, I jumped over a question.

Similar wording

You are one of the architects on this project?

Similar wording

That is correct.

Similar wording

Okay.

Similar wording

Mr. Chairman, that concludes my testament.

Similar wording

I would like to note just before, so it doesn't slip my mind.

Similar wording

so it doesn't slip my mind um there were a number of i'm aware there were a number of

Similar wording

There were a number of, I'm aware there were a number of.

Similar wording

letters of support and also here a petition of support that was sent in um i believe by

Similar wording

miss katie grant who's the community organizer for wcrp i'm showing here on the on the screen

Similar wording

here a petition that was signed by approximately 50 residents um and i believe we also have um

Similar wording

a handful of letters that were sent in support from neighbors of the community as well so with

Similar wording

With that, I'm asked to move my exhibits into evidence and be happy to answer any questions that you might have.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Mr. Chair, I have a Zella Gordon with a hand raised.

Similar wording

I would love this time.

Similar wording

Hi, could you state your name, please, and spell for the court stenographer?

Similar wording

her my name is zella c like zebra e-l-l-a last name gordon g-o-r-d-o-n i'm a resident of the

Similar wording

55 future block of pearl street and i have lived here all my life and i'm wait wait wait

Similar wording

zella wait a minute do you swear or affirm to tell the truth the whole truth and nothing but

Similar wording

the truth yes i do proceed um i did send in a letter regarding this construction um we have

Similar wording

the letter and there was something that i did put in this letter um i am concerned about the

Similar wording

construction the number of families that this adds to our hair era every uh historically has

Similar wording

never been um and also where that extension of the building the long rectangular part uh are that

Similar wording

what are they going to do to support the alleyway that that the neighbors on that side of pearl

Similar wording

street because part of that facade or landmass is collapsing from what i understand and once they

Similar wording

start digging how do we know that once the ground is disturbed that the residents are not going to

Similar wording

suffer on that side of the street uh we understand your concerns

Similar wording

thank you all right all right okay thank you is there anyone else in the virtual audience

Similar wording

yes there is there's a hand raised from someone with a samsung sm-a okay

Similar wording

all right five you i've allowed them to speak i could you state your name please and spell for

Similar wording

the court sonographer

Similar wording

sir or madam please unmute

Similar wording

hi could you state your name please and spell for the court sonographer

Similar wording

and it will be star six to unmute yourself

Similar wording

hello chair we have a miss crystal morris

Similar wording

she's not unmuting

Similar wording

miss morris you can unmute yourself

Similar wording

is there anyone else in is there anyone else in a virtual

Similar wording

audience um yes an individual who has a hand raised with just iphone i've allowed them to speak

Similar wording

okay hi could you state your name and spell for the court stenographer

Similar wording

sir or madam nicole clake hi could you spell it please for the court stenographer

Similar wording

n-i-c-o-l-e last name c-l-a-i-t-t

Similar wording

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

Similar wording

Yes.

Similar wording

And are you a neighbor?

Similar wording

Yes, I am.

Similar wording

Rasheed.

Similar wording

I lived in the neighborhood Haddington area since 1996.

Similar wording

Now, there's so many homeless women and children in our neighborhood.

Similar wording

You know, as someone with a disability myself, I spent years, you know, trying to get on a waiting list for accessible and affordable housing.

Similar wording

I fully support this project, you know, because there's so many abandoned buildings and vacant lots in our neighborhood that is obligatory to our community.

Similar wording

I support WCRP's development because we need affordable housing to help these women and children in our neighborhood.

Similar wording

Thank you.

Similar wording

Thank you for taking the time to call in and telling us that.

Similar wording

Well, thank you for taking the time to call in and telling us that.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, sir.

Similar wording

I miss Sarah Eisenstein with her hand raised.

Similar wording

I have allowed her to speak at this time.

Similar wording

Hi, could you state your name, please, and spell for the court stenographer?

Similar wording

Ma'am, it'll be star six to unmute yourself, please.

Similar wording

hello ms eisenstein are you available

Similar wording

jason is there anyone else with their hand up sarah i don't have my hand raised for this case

Similar wording

sorry i don't know how that happened okay thank you is there anyone else jason

Similar wording

mr prince ellis with their hand raised i have allowed them to speak at this time

Similar wording

hi could you state your name please and spell for the court stenographer

Similar wording

well my name is good afternoon prince r ellis uh i'm a resident of 5500 pearl street

Similar wording

okay for the wait one minute sir sir do you swear a firm to tell the truth the whole truth

Similar wording

nothing but the truth yes are you in favor of the project or not i'm not um from what i was told and

Similar wording

from what i see we've been uh petitioning for years for one there's a tree that's down

Similar wording

behind that area there one on pearl street uh we were not that that's the first reason the second

Similar wording

reason we were not correctly informed of it and uh over the years there been uh we've been trying

Similar wording

to lobby support towards getting things done on a block such as sidewalks being repaved uh streets

Similar wording

being done there's old plumbing that's causing inhabitants in fact in that area there there is a

Similar wording

right where they're building the construction at they're part of the pathway that leads

Similar wording

into that area runs into Pearl Street and then there was a at one point I believe there was an

Similar wording

there was a drainage system that ran into 55th or 56th Street that was probably condemned and

Similar wording

And them building that structure there was going to block the alleyway is a limited path to go back there now.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Thank you for taking the time to call in.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, sir.

Similar wording

Katie and Grant with her hand raised.

Similar wording

I've allowed him to speak.

Similar wording

Hi, could you state your name and spell, please, for the court stenographer?

Similar wording

Star six to unmute.

Similar wording

hello hi could you state your name and spell please for the court stenographer

Similar wording

hello can you hear me yes could you state your name and spell for the court stenographer

Similar wording

yes my name is reverend dr rodney ellis king i'm the senior pastor of the philadelphia baptist

Similar wording