civus
Hearing video

ZBA Hearing - November 17, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20205h 18m

We have no dimensional variances.

Similar wording

Our lot size is 798 square feet.

Similar wording

Alan, could you increase that a little bit, please?

Similar wording

Make it a little bit larger.

Similar wording

You know what?

Similar wording

Let me show it a different way.

Similar wording

This would probably be more helpful.

Similar wording

hold on let me stop sharing and let me share again let me if i can hold on let me get all

Similar wording

right let me share that again and there's a different way of showing it that's actually

Similar wording

easier for you to see so let me just

Similar wording

having computer issues today

Similar wording

okay is that big enough or do you need a bigger mr chair a little larger please sure

Similar wording

what about uh does that work yeah that's good okay yeah so we're an rm1 property

Similar wording

um and all we're trying to do is build a two-family household living so a duplex um

Similar wording

our lot size is 798 square feet again if we were um just a typical rm1 property we'd be we wouldn't

Similar wording

and be here today, but we're required to have 850 square feet of lot size. So we did meet with the

Similar wording

community. Their issues were a couple fold. The first is that, you know, we did discuss,

Similar wording

they asked us, we're in a temple area of Philadelphia, they asked us if we're providing

Similar wording

student housing. And we indicated likely, but no guarantee, like, you know, we're going to market

Similar wording

the property, we think it's a beautiful property, where it can either be like just people,

Similar wording

generally from the neighborhood, young professionals, or student housing. So that was

Similar wording

their initial objection. The secondary objection was there's a front setback on the roof of the

Similar wording

fourth level where they were concerned about having outdoor living. So we had our meeting

Similar wording

last night with them. So we revised our drawings to account for the elimination of the roof deck

Similar wording

access because there have been issues in the temple area with outdoor living like that on

Similar wording

the roof so that was the first thing uh the second thing was there was four bedrooms in the second

Similar wording

unit they were concerned that we were trying to get some type of like group housing by having

Similar wording

selling renting by the bedroom that was not our intention but just to alleviate the situation

Similar wording

we we actually are eliminating the fourth bedroom in on the second level i mean the second unit

Similar wording

so there's not even an issue in terms of that as well for illustrative purposes. By doing that,

Similar wording

there was a fourth story that was half of the building structure. We completely eliminated

Similar wording

that by way of this revised proviso plan that we're submitting along with the revised Z1,

Similar wording

which is zoning planning one.

Similar wording

And I provided that to Ms. Saleta prior to the hearing.

Similar wording

And then after that,

Similar wording

we have the application for appeal

Similar wording

that we filed with the zoning board of adjustment,

Similar wording

along with the notice of refusal,

Similar wording

and then the project information form

Similar wording

we submitted to the city as well.

Similar wording

And then after that, I'm trying to get through this.

Similar wording

We have the zoning map for the area.

Similar wording

As you can see, we're all orange, it's all RM1, right?

Similar wording

So if this board did not grant a variance

Similar wording

by allowing a duplex to be here,

Similar wording

it would be out of character

Similar wording

for this section of the neighborhood.

Similar wording

and then you can see we're between 17th and 18th and Norris and Burks

Similar wording

and then there's a photograph of the property as well as properties to write as you can see

Similar wording

there's three story structures which and it's a mix of two story structures but you can see

Similar wording

there's new construction which is what we're offering is not out of character from the

Similar wording

neighborhood. And then here are our plans and drawings. So if I could just decrease it a little

Similar wording

bit because it's a little large. You'll see that what we're proposing is to have a brick facade

Similar wording

on the first two stories to kind of match the roof line of the different structures on our block

Similar wording

and then to have a more composite metal material on the third story. This was what the neighborhood

Similar wording

on the third story this was what the neighborhood was concerned about was this first fourth story

Similar wording

was concerned about was this

Similar wording

fourth

Similar wording

with an additional bedroom as well as the the deck in the front we have eliminated both by way of the

Similar wording

revised proviso plan form that we submitted then let me just decrease the size a little bit

Similar wording

that's 75 all right and then we have the floor plans here these are more pictures of the

Similar wording

surrounding neighborhood. Let's just go over the floor plans. So we'll start it with the first

Similar wording

floor. First floor, you walk into a vestibule area. You can go right into unit number one or

Similar wording

up the steps to unit number two. This is at the unit number one, which is unit A or the first

Similar wording

floor unit is a three-bedroom, two-bath. There's a bedroom here, a bathroom, an area for laundry

Similar wording

and utilities, as well as a bedroom over here. If you go to the lower level,

Similar wording

we do have a living area in the kitchen and the bedroom, and we do have secondary steps,

Similar wording

so like, you know, for access to the rear of the property. Now, if you go up a flight of steps,

Similar wording

you get in there and it's an open floor plan of a kitchen and a living room with a bedroom and

Similar wording

one bath and then the second floor or the third floor it's just two bedrooms one on each side

Similar wording

and then two baths and then each unit has its own washer and dryer

Similar wording

and then here's just another illustration of what the property looks like

Similar wording

just ignore we had our meeting last night so we submitted you know we had the architect

Similar wording

update the drawings to this morning so this does not exist anymore but you can see that our

Similar wording

building structure is actually less in height than the surrounding building structures in the area

Similar wording

we're going to go down to 35 feet or some of them so we did meet with the community and this is the

Similar wording

letter they they sent to us again it was not a highly attended meeting there were two board

Similar wording

members they were evenly split one of support one opposed and then the two members of the community

Similar wording

opposed it and if you look at the letter it really was the community opposition was focused on the

Similar wording

issue of student housing would you enlarge that oh yeah sure

Similar wording

can you see it now mr chair yes thank you okay uh yeah so the opposition was the community

Similar wording

opposition was focused on the issue of student housing this community has been oversaturated

Similar wording

with student housing as we indicated to them it's not our business business model to merely

Similar wording

rent to student housing. Is that one avenue? Yes. But we are also looking at young professionals,

Similar wording

potentially even condoing this sometime in the future as well, depending on how the neighborhood

Similar wording

turns out and how the economy turns out. The second issue was the fact that the second unit

Similar wording

had four bedrooms versus three. And that's why we eliminated the one bedroom. And then they also

Similar wording

wanted us actually just to reduce the deck on that fourth floor that front deck we decided to

Similar wording

eliminate it completely so that wouldn't even be an issue but during the meeting they did you know

Similar wording

when i spoke when we spoke to the community at large as well as the representative from the

Similar wording

courting rco they understood that this is something that's not out of character with

Similar wording

the neighborhood in terms of asking for two units so they didn't really focus on the zoning related

Similar wording

issue. You know, is this out of character for the neighborhood? I mean, because having a single

Similar wording

family home would be out of character for the neighborhood, as opposed to a two unit for an

Similar wording

RM1 structure or property. Here's just the notice that we sent to the community. As you can see,

Similar wording

we had our meeting yesterday at 530, you know, at Cecil B. Moore Avenue, you know, at 1510 Cecil

Similar wording

be more avenue so and then just here's you know the addresses the number of addresses we sent it

Similar wording

to proof of mailing and then the addresses we actually mailed it to um i do have steve stafford

Similar wording

the owner's representative on the uh online so steve can you virtually raise your hand

Similar wording

and while steve is getting online i will say that this property is going to be self-managed

Similar wording

by steve and the ownership group as well and steve is a is a licensed broker real estate broker in

Similar wording

real estate broker in the city of philadelphia

Similar wording

in the city of Philadelphia.

Similar wording

steve have you are you i i know he's online because when they were calling the list

Similar wording

and my name he was like where are you okay cool all right sir good afternoon please spell your

Similar wording

name for the record and uh hello yep can you hear me now i can yep sorry i'll get closer to the

Similar wording

to the mic here what name uh steven stafford and spelled s-t-e-p-h-e-n-s-t-a-f-f-o-r-d

Similar wording

we're infirm to tell the truth the whole truth nothing but the truth

Similar wording

i do please proceed mr notkinson yes mr stafford uh you heard everything i stated today

Similar wording

correct and is it true and correct it is yes and do you adopt it as your own testimony

Similar wording

Yes, I do.

Similar wording

I have no further questions.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else would like to testify in this matter?

Similar wording

If so, please raise your hand.

Similar wording

Mr. Chair, I have a Craig Dwyer whose hand is raised.

Similar wording

I will allow him to speak so he can be sworn in now.

Similar wording

Good afternoon, sir. Please identify yourself with the record, spell your first and last name, and provide us with your address.

Similar wording

My name is Craig Dwyer. My address is 1957 North 24th Street in Philadelphia, PA, 19121.

Similar wording

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

Similar wording

I swear to tell the truth and nothing but the truth.

Similar wording

do you i think your address your live beyond about 200 you live beyond 250 feet

Similar wording

um i yes exactly um i'm i'm the owner of um 1955 as well and then that's also the variance for

Similar wording

duplex so i'm on i'm the owner of 1957 and i'm requesting a duplex as well what happened i

Similar wording

I met with the RCO board.

Similar wording

I'm sorry.

Similar wording

Sorry, so you're in the wrong.

Similar wording

We're asking about 1718 Arlington Street.

Similar wording

Oh.

Similar wording

So you'll have to wait till we get to you, okay?

Similar wording

All right, anyone else?

Similar wording

Planning Commission?

Similar wording

I'm sorry, Mr. Chair.

Similar wording

I have Ms. Mary Jones here.

Similar wording

Oh, sorry about that.

Similar wording

I figured. Good afternoon again, Ms. Jones. You're still under oath. Please identify yourself for the record.

Similar wording

Yes. Good afternoon, Mary Jones, Council President Daryl Clark's office.

Similar wording

Yes. Our office is in receipt of the RCO's letter in opposition.

Similar wording

And we do support their concerns about the oversaturation of student housing in the area.

Similar wording

We just ask that there's some kind of proviso added that there will be three bedrooms in the lower unit, not four, as they requested, as well as the removal of the roof deck.

Similar wording

So noted. Thank you.

Similar wording

and i believe mr notkinson your plan the revised plan will show that there is no fourth floor no

Similar wording

upper floor correct that's correct mr chair so that's actually we address both concerns of the

Similar wording

community as well as the councilman by eliminating the front rear uh the front roof deck as well as

Similar wording

that floor which would account for the fourth unit i mean the fourth uh bedroom okay all right uh

Similar wording

planning commission good afternoon brian one rick planning commission staff this property is

Similar wording

indicated for residential multi-family use on the comprehensive plan with the removal of the four

Similar wording

story fourth bedroom and roof deck we have no objection to the granting of this variance

Similar wording

thank you and al it's one page it's one page mr chair thank you mi 2020-001868

Similar wording

1718 arlington street my vote is yes with the following proviso

Similar wording

revised plan one page approved today maximum three units in the second third floor

Similar wording

excuse me maximum three bedrooms in the upper floor unit the second and third floor will have

Similar wording

a maximum of three bedrooms my vote is yes with proviso yes for proviso yes for proviso yes with

Similar wording

Supervisor. Thank you. Thank you. MI 2020-000664.

Similar wording

MI 2020-000664, 1000 East Erie Avenue.

Similar wording

1000 East Erie Avenue.

Similar wording

No hands, Mr. Chair.

Similar wording

Thank you. MI 2020-000664 1000 East Erie Avenue is continued. MI 2020.

Similar wording

I'm sorry, Chair.

Similar wording

Oh, sorry.

Similar wording

If I could make a request that this application be a must be heard since it was since November 2019.

Similar wording

Okay. All right. Go back to MI 2020-000664. 1000 East Erie Avenue is continued. Must be heard. MI 2020-002-119-109 West Rittenhouse Street.

Similar wording

i am back on mr chairman good afternoon again ma'am you are still under oath but please

Similar wording

identify yourself with the record yvonne b haskins attorney for the owner okay and please

Similar wording

proceed ms haskins ma'am you agree to waive the reading of its refusal and stipulate to attack

Similar wording

accuracy yes also have you emailed an exhibit packet with the required documents proof of

Similar wording

ownership, proof of tax compliance, copy of the refusal, photos and plans five days prior to this

Similar wording

hearing? Yes. Have you met with the RCO and have a letter? Yes. It was sent in the package.

Similar wording

Okay, please proceed. Okay, I'm going to try to quickly share the screen. I'm hoping I'm getting

Similar wording

a little better at this. This is a long-standing two-unit building. In 2003, the board had approved

Similar wording

it to have a commercial unit on the first floor. Ms. Haskins. Yes. I'm sorry, it's Tanya. If I could

Similar wording

ask that you um unshare your screen and then first open up the file and then share so I'm

Similar wording

going to take your screen down now and if you could go to the actual file double click and open

Similar wording

it then share your screen oh unfortunately I think um I think I have it up there if you could just

Similar wording

let me find the file I think that's the only unfortunately it went on to the share I'm not

Similar wording

trying to share this with you, but it's the, it's, it's the, it's where I find the file.

Similar wording

Can I do that real quickly? Sure. Okay. Um, I just want to define the pictures

Similar wording

real quickly. All right. 109 photos. Um, now I will, now I could, I do a new share.

Similar wording

and then share this if the picture have the pictures come up for you

Similar wording

uh-huh and i think i've got it coming for you okay first let me unshare you and then you're

Similar wording

going to share again and you're going to click directly on the picture file the actual pictures

Similar wording

okay

Similar wording

here we are

Similar wording

is it there do you have it did you click on the pictures okay there we go miss haskins okay

Similar wording

all right good this is the front door of the file but before i start to show you the picture i wanted

Similar wording

to explain that this this this is one that you approved also in 2017 for two commercial two

Similar wording

residential units. And what you did in 2017 was to approve the first floor as a residential unit

Similar wording

because you had approved it in 2003 as a commercial unit. Unfortunately, this too lapsed. And

Similar wording

And we are here to try to reinstate what you approved in 2017.

Similar wording

This is the front door to the second floor unit, but now I have to rotate this.

Similar wording

This is the building. The refusal indicates that it is attached when it is not. On this side is the neighboring property's yard. On the left side facing the building is a small alleyway that goes between our building and the adjacent building.

Similar wording

This is the building.

Similar wording

the refusal indicates that it is a

Similar wording

the first floor

Similar wording

this is the entrance

Similar wording

to the building and I think

Similar wording

I believe this is the

Similar wording