civus
Hearing video

ZBA Hearing - June 14, 2023

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

And when I show you the historical Sanborn map, you'll see why there's none for 419R, because it always functioned as part of the other properties.

Similar wording

These properties were previously zoned C2, C2 commercial, which is now CMX2.

Similar wording

You can hear 5A, you can see 415.

Similar wording

417, you can see C2, and that's 5B.

Similar wording

And then 5C, you can also see C2.

Similar wording

And these documents also confirm the permitted uses of those properties, 417 and then 415 as well.

Similar wording

Again, 415 presently is a vacant property.

Similar wording

The properties are presently zoning classified as RSA 5.

Similar wording

So here on this map, what's highlighted is the shorter 415.

Similar wording

Then you have the deeper and wider 417.

Similar wording

and then the wider, not quite as deep, 419 as 417, 419, and then 419R at the back.

Similar wording

Here's a close-up of those pictures of those lots.

Similar wording

I think it's safe to say that the lot sizes of these properties, given that they are RSA-5,

Similar wording

They far exceed the lot area that's required under the zoning code for RCA5, which is 1,440.

Similar wording

The total lot area of altogether is 13,736 square feet.

Similar wording

If these lots were still zoned CMX2, they would garner 28 residential dwelling units with no off-street parking required.

Similar wording

If they were RM1, they would get 29 units.

Similar wording

So the lot area would generate 29, up to 29 residential dwelling units with no off-street parking required.

Similar wording

My clients have owned these properties since 03.

Similar wording

They acquired, again, as father, son, or father and son.

Similar wording

They acquired 419 in 03, 417 in 04, 415 in 05, and then 419R in 17.

Similar wording

And the reason I bring that up is if you look at the Sanborns, again, to explain the history of the property,

Similar wording

You can see in the back area where 419R is in the back of 417, there was a garage that stored 20 cars back to the early 1920s.

Similar wording

You can see over the years then that back building became a cleaning and dying facility.

Similar wording

You can see the remnants of that building here, the aerials at tab, Sanborns were at tab four.

Similar wording

The aerials I have at tab 6, you can see the remnants of that building here at the back here at 419R and the back of 419 and 417.

Similar wording

back in 417. You can see in the arrows and then also in the photographs that I have of the subject

Similar wording

property and the surrounding properties on the 400 block of West Queen Lane, you can see there

Similar wording

are a lot of different types of properties, different sizes of properties. You can see

Similar wording

attached structures to extending to the right as you look at our property. There's a vacant lot

Similar wording

right next to us to the right as you look at our property, then attach structures.

Similar wording

To the right, as you look at our property, then attached structures, lower two stories.

Similar wording

You have some taller three stories across the street, a newer three story.

Similar wording

On McKean Avenue, you have a number of taller structures there.

Similar wording

You can see cars being stored.

Similar wording

And I have photographs of that.

Similar wording

You have some buildings that are up at the sidewalk, like 421.

Similar wording

Others that are set back from the sidewalk, like 423.

Similar wording

So you can see, and here in the photographs, again, at tab seven, this block has a large variety of styles, building types, and orientations to the street.

Similar wording

These are all pictures of my client's property in the rear.

Similar wording

And here you can see the abutting property to the left of us, 421, two-story up at the sidewalk, and then the views down to the left of us.

Similar wording

You can see cars being stored in open area.

Similar wording

You can see other lots that are vacant with metal corrugated steel fencing.

Similar wording

It looks like a state inspection garage, two-story building here at the bottom of page, let's see what page this is, page 11.

Similar wording

Here you can see a non-residential arrangement here with large parking area, vacant lot, chain link fence.

Similar wording

Again, two stories, vacant lots, some of them set back with little front yards.

Similar wording

And then across the street, vacant lots, you got some twins, those being utilized as multifamily dwellings.

Similar wording

Some newer three stories that are of a completely different architectural style and type.

Similar wording

These are the properties at McKean that are pretty tall, particularly given that they're raised.

Similar wording

And you'll see that even though we have a height refusal, our building is comparable in height to those, if not shorter, garages directly across the street from us, and then some two stories, three stories and two stories with front porches.

Similar wording

So our application is to demolish all of the existing structures on the lot to consolidate the lots, as was shown in the survey plan at tab 10, and then upon the consolidated lot to construct nine single family dwellings.

Similar wording

uh they will uh eight of those will have two car parking one of them will have one car

Similar wording

um the range in size from i think about 2100 square feet for units a through f interior space

Similar wording

g and h which are the two units behind are a little larger about 2200 and then i unit i which

Similar wording

is all the way at the rear is a little larger still at 2700 these buildings will be built on

Similar wording

graded slab. All this parking is being accessed by a single 18-foot wide curb cut that you can

Similar wording

see here to the right, shared drive. So we're getting a lot of cars off street for this

Similar wording

development project with minimal impact on street parking. In fact, if we were to develop these

Similar wording

properties by right with single family dwellings, not only would they not fit in because those

Similar wording

structures would be incredibly large and financially infeasible, I think it'd be pretty

Similar wording

clear to see that but uh by as a matter of right we wouldn't be able to get any parking off street

Similar wording

and we'd be putting cars on street and as you can see from the photos that i previously provided

Similar wording

there's uh on-street parking is at a premium on this block so um the uh the proposal is for each

Similar wording

of the buildings will be four stories tall uh there's going to be and you can see here on the

Similar wording

site plan, a walkout. The fourth floor is the master or the larger bedroom. They have decks

Similar wording

that walk out off of those bedrooms. You can see here for A through F, they face the shared drive

Similar wording

and then G and H and then I back in this area. There are not roof decks on top of the fourth

Similar wording

floor or a pilot house. Two of our refusals have to do with the fact that the parking, which is

Similar wording

stacked for, or shotgun as they call for A through F, extends into the side yard a little bit,

Similar wording

not much, but a little bit. And then the decks we have off the second floor, what is the rear of

Similar wording

the buildings, but is deemed a side yard, extend a little bit into the side yard on that side.

Similar wording

The side yard requirement is five feet. Again, as indicated in notice of refusal that I'll show you in a minute, they said that we don't have a side yard for A through F. I think the examiner was looking at the distance. We had communications back and forth about this by email. We do have a seven, seven, over seven foot wide.

Similar wording

We do have a seven, seven, over seven foot wide side yard is just that the deck and the parking encroach into it.

Similar wording

We have a side yard refusal down the back here at the side of I, RSA 5.

Similar wording

You're not required to have side yards, but if you do, they have to be five feet.

Similar wording

As indicated, we're more than that for A through F and a little bit more than that through G and H.

Similar wording

You can see that here.

Similar wording

The dimensions are in the back.

Similar wording

But here for I, on the one side, it's only three feet.

Similar wording

You see in our revised drawings in the plans that this allowed and the renderings that this allowed access here to get from the rear yards,

Similar wording

the yards behind I, both out to the shared drive this way or to get out along this way through the backyards of all the properties leading out to West Queen Lane.

Similar wording

We did make some changes to the design originally.

Similar wording

Let me go show you the renderings because I think that'll be helpful.

Similar wording

As originally designed, originally presented, we've had three community group meetings with the 12th Ward Democratic Committee and solo Germantown over the last several months.

Similar wording

After the first meeting, it's my opinion that most of the commentary focused on the design of the building, not on the zoning refusals or the zoning aspects.

Similar wording

But as you can see, this was the original design we submitted to them, the rendering at our first meeting back in April.

Similar wording

And you can see, even though we have a height refusal in comparison to the buildings across the street, the ones that run onto McKean that were the same height or lower, we do have lower buildings to either side of us, the left and the right, but those are obviously built far below the dimensional, the permitted heights for RSA 5 properties.

Similar wording

So even though it looks like we're taller or even tower over them, it's because those buildings are so much shorter.

Similar wording

But you can see this was the original design that we had.

Similar wording

We came back after their first meeting.

Similar wording

We thought that they didn't like the lighter color brick.

Similar wording

There was talk about a bay to match the bays across the street, making it look more, that it fit in a little more than Germantown.

Similar wording

We added, you can see up here at the top, the fourth floor that I said is the bedroom, the larger bedroom, with the deck that walked out.

Similar wording

You can see here, we modified that to a mansard to give it a more historical look.

Similar wording

added a darker color brick, detailing at the cornice.

Similar wording

There was a desire for some greening at the street,

Similar wording

so we created a recess and a planting area.

Similar wording

We got some feedback at that meeting in May,

Similar wording

and this is where we are right now.

Similar wording

And the plans, I think, from a zoning standpoint

Similar wording

and the revised plans, things like moving the doorway

Similar wording

for the end unit, Unit A, from facing the share drive to facing West Queen to get more interaction

Similar wording

with the street. We changed, we added angled bays like you have across the street here,

Similar wording

which also need to be reflected. Again, we continued with the mansard roof at the fourth

Similar wording

floor. We angled the bays going back away from West Queen Lane. So some minor changes that are

Similar wording

reflected in the zoning plan. Nothing material. We still the same number of units, still the same

Similar wording

height, still the same footprint. The shared drive and then plantings along the property,

Similar wording

along the wall or the property line to the left of us. Street trees along West Queen Lane. The

Similar wording

wall for the rear yard will be masonry, brick, same type of materials, the front facade. In West

Similar wording

in the letter from the 12th War Democratic Committee, they made comments about the color

Similar wording

of the brick pointing to a property down the street. We've tried our best to reflect that

Similar wording

in the rendering. My client, which you'll hear who you'll hear from in a minute, lives in the

Similar wording

neighborhood, is a longstanding resident, has interactions with the community and the members

Similar wording

and community group before this project, and we'll continue to do so, and we'll continue to discuss

Similar wording

and get the color of the brick right, the bays, what were discussed, and the other things, let's

Similar wording

see, that were discussed in the letter from the 12th Ward. Oops, let me just move to that.

Similar wording

We did show on the rendering the Wissahick and Schist at the ground floor, even though I don't

Similar wording

Florida, the end unit, unit A, although that was not, you don't see that on a lot, if any, of the other.

Similar wording

Although that was not, you don't see that on a lot, if any, of the other properties on the block, that was something that was requested.

Similar wording

I did talk about the brick and then the bay windows being angled.

Similar wording

We showed all that in the revised renderings that we're presenting to you today.

Similar wording

Again, from a zoning standpoint, I've gone through those things that needed to be reflected in the zoning drawings,

Similar wording

And they are set forth along with the revised proviso plan form at tab three.

Similar wording

But again, going back to the refusals, the side yard refusals, other than the one being incorrect, I think are de minimis.

Similar wording

And they address some concerns and desires of the neighborhood getting cars off the street.

Similar wording

We were able to get two cars off the street for A through G.

Similar wording

And for A through F, that was by, again, having carports with a bit of the back car extending into the side yard.

Similar wording

Let's see if this goes over.

Similar wording

There we go.

Similar wording

The height, we are a little bit taller than the permitted height.

Similar wording

We don't have a parapet around the top of the fourth floor.

Similar wording

So, again, by right, as you know, would be 38 feet plus a 42-inch parapet, which would be 41.6.

Similar wording

We are taller even than the 41.6 at 44 feet, but a large portion of that, or that's largely due to the need to have the off-street parking at the ground floor that pushes the upper floors up.

Similar wording

And again, L&I views, I don't agree with the wording of this refusal necessarily. They view this as a multifamily dwelling. Again, this is not an apartment building.

Similar wording

You're going to hear from my client in a minute that that is not what he wants.

Similar wording

These are going to be for sale units.

Similar wording

The idea is given the lot size and given the number of units, the finances of this project,

Similar wording

they're going to be much more affordable than they would be for members of the community

Similar wording

and otherwise than if they were built as a matter of right.

Similar wording

But you can see that they are each going to be, and it was included in the application,

Similar wording

They're going to be separately building permitted.

Similar wording

There'll be a separate building permit for each unit.

Similar wording

They are nine single-family homes.

Similar wording

It is not a multifamily dwelling.

Similar wording

I've suggested that they write the refusal as either multiple principal uses or multiple principal structures,

Similar wording

particularly since that's how they, being L&I, view it at the building permit stage.

Similar wording

But anyway, it's how they write it.

Similar wording

It's not an apartment building.

Similar wording

It's nine single-family dwellings.

Similar wording

um copy of the deed um in my client's names for the subject properties the two deeds

Similar wording

are attached to tab 17 tab 18 again has the uh showing the documentation showing the zero tax

Similar wording

balance for the properties a copy of our hearing notice is at tab a for today's hearing along with

Similar wording

the posting of those notices

Similar wording

in each of the properties.

Similar wording

It's a little hard to post 419R

Similar wording

because it's landlocked in the rear,

Similar wording

which is a pretty unique condition

Similar wording

for that property.

Similar wording

It makes developing it very difficult,

Similar wording

but we just posted twice

Similar wording

at the front of 419.

Similar wording

And then the 14303 notices,

Similar wording

here you have the email.

Similar wording

This is a tab 20,

Similar wording

the email designating the 12th Ward Democratic Committee as a coordinating RCO, but also

Similar wording

Solo Germantown, that they're both co-RCOs or coordinating RCOs.

Similar wording

The 12th Ward conducted the meeting, but the Solo Germantown was there.

Similar wording

The list of addresses we sent the notices to three times.

Similar wording

Well, there were two times, actually, we sent the notices.

Similar wording

The third time we were ready to send it for the meeting on 6-5, but actually the 12th Ward Democratic Committee sent notices to those people that were at the 5-18 meeting.

Similar wording

We were prepared to send out the notice, but did not send it.

Similar wording

So with that, I'm going to rest as far as submitting any more exhibits.

Similar wording

I would ask that they be moved into evidence.

Similar wording

I would ask that my client, Nicholas Holman, be promoted to panelists to not only adopt my statements, but also to make any quick statements he'd like to make to the Zoning Board.

Similar wording

Please, Bernard, speak.

Similar wording

Sir, could you state your name, please, and spell for the court sonographer?

Similar wording

Nicholas?

Similar wording

good afternoon everybody chairman members of the board david

Similar wording

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

Similar wording

my name is nicholas holman n-i-c-h-o-l-a-s

Similar wording

My name is Nicholas Holman, N-I-C-H-O-L-A-S, last name Holman, H-O-L-M-A-N.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Proceed, counsel.

Similar wording

Sure.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Nicholas, what is your role or position with the owner of the properties 415 to 419 W Queen Lane, LLC?

Similar wording

i'm the sole member and owner of of the llc for those properties that all right nicholas and um

Similar wording

you heard the statements that i made to the board today yes i did and are they true and correct to

Similar wording

the best of your knowledge information and absolutely absolutely and would you adopt them

Similar wording

as your own yes i would yes i did a quick couple quick questions uh how long have you lived in the

Similar wording

neighborhood, Nicholas? Since 2003. Okay. And before you even started this project or when

Similar wording

this project was first starting, you made the decision to be involved in the neighborhood and

Similar wording

actually interact with the neighbors and see what they, the neighbors, those people living on the

Similar wording

block wanted to see it disaddressed. Is that correct? That is correct, David. And what is it

Similar wording

that you learned that they wanted to have, they'd like to see developed at this property?

Similar wording

Oh, even issues that I was always having. They wanted to see more off-street parking, single-family residents occupying homes. Part of the reason they stressed the RSA 5 zoning classification is they want the single-family home ownership in the neighborhood. So I continued to speak with them, and we came up with this design plan, and I presented it to you and Stephen, and it looks great.

Similar wording

Stephen's the architect, correct?

Similar wording

That is correct.

Similar wording

And then during the course of this project, you can see at, let's just tab 1C, there are a number of support letters from neighbors.

Similar wording