civus
Hearing video

ZBA Hearing - November 17, 2020

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

emailed the exhibit packet with all the required documents? I have. Thank you. You may proceed.

Similar wording

Okay. And I am going to share my screen. I'm sorry. Oh, can I not? No, it's okay. I was just

Similar wording

going to ask madam vice chair um could we make sure we find out if they have a letter from the

Similar wording

rco and met with them okay so you want me to read everything okay no if so mr phillips yes no just

Similar wording

ask to that we usually require that just ask that they have met with the rco because we're no longer

Similar wording

doing okay resumption hearings okay so have you met with the rco and do you also have a letter

Similar wording

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

Similar wording

Yes.

Similar wording

Yes, we did meet with Pass Young Square Civic Association.

Similar wording

There is a letter in the exhibits.

Similar wording

Okay, Ms. Sunkit, that eliminates proof of ownership, tax compliance,

Similar wording

refusal referral, photos.

Similar wording

I just asked for the RCO and the letter, right?

Similar wording

That's in addition to?

Similar wording

oh so next next time i'll ask the entire thing okay okay thanks okay first day back

Similar wording

welcome back so uh i'm here on behalf of 621 partners llc uh they're the owner of 621 to 25

Similar wording

reed street uh this is a large uh commercial uh building that was previously a furniture warehouse

Similar wording

located on the 600 block of Reed. It is zoned CMX2, and you'll see that it's really in a sea of

Similar wording

RSA5. This property is mid-block. There is CMX2 here along Reed Street, but primarily this is

Similar wording

a residential block. The property right next door is actually a six-family condominium. There is some

Similar wording

multifamily in the surrounding vicinity. We are seeking to convert the first floor of the existing

Similar wording

building from a vacant commercial use to four residential units. Now, last year, my client

Similar wording

obtained a permit by right for a vacant commercial on the first floor with 12 units on floors two

Similar wording

through four. This was an existing three-story building. The permit involved the removal of the

Similar wording

roof and an addition of a fourth story. At the time, it was my client's intention to rent out

Similar wording

the first floor to a commercial use and proceed by right. They also obtained the permit by

Similar wording

utilizing the affordable housing bonus. And in connection with that bonus is actually paid

Similar wording

$120,000 into the city's affordable housing trust, which I believe is also evidence that they always

Similar wording

intended to proceed by right. It was never the intention to seek a variance to convert that

Similar wording

first floor use. You'll notice at the property, there were leasing signs. Right here, commercial

Similar wording

space for rent. And this is how the property looked in around February of this, February,

Similar wording

March of this year. Then COVID happened. The pandemic hit and any interest that my client

Similar wording

had in this ground floor commercial use quickly dried up. My client went to the neighborhood

Similar wording

and the surrounding area and spoke to neighbors about what they would like and if they had any

Similar wording

opposition to converting the first floor to residential use. Overwhelmingly, the near

Similar wording

neighbors supported the conversion to four residential units on the first floor,

Similar wording

particularly the neighboring condominium owners next door. Again, there are six

Similar wording

condos at 617 Reed Street were all in favor of this conversion as opposed to a commercial use

Similar wording

at this location. And here at Exhibit A is a neighborhood petition of support

Similar wording

that was signed by approximately a dozen of the near owners, including at 615 Reed, 612, 641

Similar wording

Reed and 623 Sears Street. We met with Pass Yonge Square after obtaining all of these

Similar wording

petitions and support and presented our plans to them and I will quickly go through those plans

Similar wording

which show the conversion again of just the first floor to four units. There would be two units

Similar wording

fronting Reed Street and two units that are fronting Earp Street, which is the rear street.

Similar wording

We have proposed bicycle parking spaces for four bicycles, trash that exits directly onto

Similar wording

Earp Street where the trash collection would be, and here is the corridor that leads.

Similar wording

and here is the corridor that leads both there's an entrance off of Earp and there will be an

Similar wording

entrance off of Reed. Just to again show you a little context, this is the rear Earp Street

Similar wording

elevation and this would also be changed in that now we would have windows on that first floor

Similar wording

of Earp Street. Here's a little bit of a different perspective of Earp. It's a narrow

Similar wording

street. This is the neighboring condo at 615. Just a few other photos showing Earp. Here is

Similar wording

Reed Street. Again, despite the CMX2 classification, these are all primarily residential

Similar wording

uses. It's another perspective in view of Reed Street. The commercial there is, you know,

Similar wording

once you get to the corner, there is one, you know, commercial use there. But again,

Similar wording

mid-block, we're looking at pretty much all residential. So we went to and presented before

Similar wording

passion square and unfortunately at that meeting many of the near neighbors who had signed the

Similar wording

letters of support actually weren't in attendance it was held via zoom and i had emails from some

Similar wording

of those neighbors noting that they had thought that you know they they're signing the petition

Similar wording

was sufficient to show their support but nonetheless without those neighbors in support

Similar wording

Pascheon Square felt that this could be used for commercial or for some sort of industrial use

Similar wording

and voted in opposition. After that initial meeting with Pascheon Square, we went back

Similar wording

to the neighbors again. This here is an email from William Fury, who is the president of the

Similar wording

neighboring condo association at 617 reed street noting their unanimous support for the zoning

Similar wording

application despite past young squares opposition and noting that they did actually were not aware

Similar wording

of the meeting because the notice of mailing had gone to unit 100 which is a rental unit

Similar wording

and unit 100 trashed, trashed the notice. So they again say that they support the request

Similar wording

for former units and are solidly at this is a typo, I believe, but it says against a commercial

Similar wording

enterprise, particularly one we have no say in. Also received an email from an individual,

Similar wording

Shane Jackman, who lives on Earp Street, who says they weren't able to join the Zoom call

Similar wording

and could they show support because they want to show support we went after that meeting we went

Similar wording

back out to the community again and with a different petition of support and this one again

Similar wording

now focused on passion squares vote where they did not support the four additional residential units

Similar wording

which again would either lead to a commercial or an industrial use on that first floor

Similar wording

And, again, we believe that that would actually increase density, foot traffic, and it doesn't complement the residential nature of the block.

Similar wording

We received a number of signatures, even more so than the first time.

Similar wording

And, again, we have 617 Reed, 606 Earp, 607 Earp, 1338 South 6th, 610 Earp, 608 Earp, 612 Earp.

Similar wording

You know, all of these Earp Street properties, which, you know, are at the rear.

Similar wording

um and in addition to 602 read 626 read if you add up all of the signatures because i admit there

Similar wording

is a little overlap but um take setting aside the overlap you have 32 signatures in support

Similar wording

of the proposal just to convert the first floor use from ground floor uh commercial to residential

Similar wording

use. Again, here's the floor plan, and I will go back to, you know, this is what the property

Similar wording

looks like, and we believe that in addition to any of the concerns that might have been raised

Similar wording

about density, again, the 12 units are already going to be there, paid into the Affordable

Similar wording

Housing Trust. This is just for the ground floor use, and we'll actually be adding two parking

Similar wording

spaces back onto the street with this roll up gate on Reed Street and the one on Earp will

Similar wording

be eliminated. So there is a benefit in that regard. So I would state that due to

Similar wording

the difficulty we've had now finding a commercial tenant and not wanting the

Similar wording

the difficulty we've had now finding a commercial tenant and not wanting this to remain a vacant

Similar wording

first floor use that a hardship does exist and that converting this property to residential

Similar wording

fits with the characteristic and residential nature of the surrounding community. I would

Similar wording

like to ask my client Yoav Shiffman, who's a member of 621 Partners, if he is here just to

Similar wording

testify briefly.

Similar wording

if your client isn't there we'll stipulate you as being an officer in court that your client

Similar wording

would adopt your testimony uh yes as a officer of the court and i apologize i believe my client

Similar wording

was in the waiting room no problem no problem you can hear me please raise your hand but otherwise

Similar wording

uh and i there might be members of the community uh to speak we'll get we'll get to them any

Similar wording

questions from the board no no no anyone else like to testify in this case if so please raise your

Similar wording

hand

Similar wording

All right, Mr. Chair.

Similar wording

okay we have at least four people who have their hands raised the first one is a miss

Similar wording

phyllis fox i will go ahead and allow her to speak right now good afternoon miss fox please

Similar wording

identify yourself with a record spell your your name and address please and i'll swear you in

Similar wording

um my name is phyllis fox i'm a member of the passion square civic association

Similar wording

do you swear and affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes i do thank you please proceed um one of the things uh that the passion square civic

Similar wording

association felt that wasn't mentioned uh is that uh we asked if there was a possibility

Similar wording

of parking rather than the four apartments which would be uh well less expensive for them to

Similar wording

incorporate into their building, but would not give them as much money as four rentals would.

Similar wording

But we feel that there is enough room. If they have over 30 feet in the width of the building,

Similar wording

and if you look on 11th Street, that's approximately the turning radius that all the cars have.

Similar wording

they have 10 feet going in each 10 feet for each lane plus the 10 feet for the car so that's 30

Similar wording

feet so there would be and then we felt that they could fit probably approximately 10 cars in that

Similar wording

area and rather than the four apartments and considering the parking problems in the area

Similar wording

and considering the density in the area, it would be better, we felt, to have the parking

Similar wording

than having the apartments.

Similar wording

Mr. Phillips, the two units that are front Earp Street, how do they get into the building?

Similar wording

Is there ingress and egress from Reed or from Earp?

Similar wording

There's actually both ingress and egress off of Reed and Earp.

Similar wording

And what's the size of those units, the average size of the units?

Similar wording

I believe they are a bit over, I think they're close to 900 square feet or so.

Similar wording

I know about maybe a shade under.

Similar wording

I think maybe those are actually 700 to 800 square feet each.

Similar wording

Okay, thank you.

Similar wording

Anyone else want to testify on this case?

Similar wording

Please raise your hand.

Similar wording

If I could add one thing.

Similar wording

Sure.

Similar wording

um they do have building next door uh the condos they do have parking in that building

Similar wording

yes i'm familiar with that building yep yeah thank you

Similar wording

All right, Mr. Chair, the next person on my list is Ann Dinehart.

Similar wording

I will allow her to speak right now.

Similar wording

Good afternoon, ma'am.

Similar wording

Please identify yourself for the record, spell your last name, give us your address, please.

Similar wording

it appears that she's having audio problems okay anyone else

Similar wording

I'm going to go to the next person.

Similar wording

We have a Yoav Schiffman.

Similar wording

I will allow him to talk now.

Similar wording

Good afternoon, Mr. Schiffman.

Similar wording

Please identify yourself with a record,

Similar wording

spell your first and last name,

Similar wording

and provide us with your address.

Similar wording

I'm Yoav Schiffman.

Similar wording

I'm actually the owner of 621 Ridge Street.

Similar wording

I tried raising my hand earlier,

Similar wording

but I guess we had some technical.

Similar wording

You're swearing for him to tell the truth,

Similar wording

the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

mr phillips uh yo uh you heard everything i stated earlier uh correct correct okay and

Similar wording

do you agree with everything i stated as uh truthful and accurate i do okay uh and can you

Similar wording

just briefly uh without you know uh repeating what i said just explain to the board uh the

Similar wording

process that you went through in speaking to the near neighbors and trying to find a viable

Similar wording

commercial tenant for this uh property sure so before uh the pandemic we've had the uh the

Similar wording

commercial space advertised in uh different commercial space platforms um we have received

Similar wording

a handful of inquiries none of which were complimentary for hours of operation

Similar wording

amount of traffic or something that would supplement a residential use, we still continue

Similar wording

to advertising. And as Mr. Phillips specified, after the pandemic, everything basically stopped

Similar wording

and we started looking into other options and by discussing it with different neighbors everyone

Similar wording

supported us and tried to come up with a solution that would complement everyone's residential

Similar wording

nature of that block to address some of the concerns of the association of the neighborhood

Similar wording

association we did look into uh alternatives uh and converting a portion of the commercial

Similar wording

space into parking but um unfortunately due to the design of how we have egress and egress

Similar wording

and uh the configuration of the building we could not get uh parking configuration that would work

Similar wording

with uh with what we need in there so unfortunately i have to disagree with the statement that we can

Similar wording

have 10 parking spots in there so so let me ask a question on that yeah how many spaces do you think

Similar wording

you could fit in there i don't think i think your building and let me finish up here i apologize i

Similar wording

think your building the configuration of your building is not unlike the building directly

Similar wording

next door which are condos and have provide off-street parking on the ground floor

Similar wording

if i can briefly just address the building next door um that was approved i believe about 10 years

Similar wording

ago um for their parking configuration um here when you when you look at what we would have to

Similar wording

do under the the code um to create a sufficient drive aisle also if we're going to have a you

Similar wording

know one way in and out we'd have to create a different curb cut on erp street and have then

Similar wording

a means of egress on earth which doesn't exist right now otherwise uh it would be a much you

Similar wording

know wider uh cut here to allow uh the circulation patterns ingress and egress on the ground floor

Similar wording

does the building next door have ingress and egress off of herb street

Similar wording

uh no it no everything comes in off a reed correct everything comes off of of reed uh for

Similar wording

them, but again, they were approved prior to this iteration of the zone.

Similar wording

they have a single the single lane that goes in and out i know that's why i'm asking

Similar wording

They have a single lane that goes in and out.

Similar wording

your so your configuration of your building is pretty much mirrors the configuration of

Similar wording

the building next door correct but we would not i mean ours is uh i guess in in right it can be

Similar wording

similar configuration but we would not have uh enough width of our building because of how

Similar wording

our ingress or egress is configured to have enough space for a length of a car plus at least one or

Similar wording

two driving lanes in and out of the building to meet the current building code um and if we are

Similar wording

going to have a single lane to go into erp erp is a very narrow street we would not be able to make

Similar wording

just using for putting herbicide just doing mirror do the same thing that they did it i don't love

Similar wording

at 627 or is it 617 617 next story right the grayish building with the maroon garage door it

Similar wording

looks like to the right well i'm trying to figure out why they it it works there but it wouldn't

Similar wording

work in your building because in today's building standards we cannot i mean we probably would have

Similar wording

to go to the board of building standards and try and make uh an application to get to get those

Similar wording

waived well i mean i'm i'm just passing that on because as you know that's a very congested

Similar wording

neighborhood parking is at a premium people will pay two three hundred dollars a month just to park

Similar wording

their car in the garage we looked into that option we did not find it as a feasible option

Similar wording

with the configuration of the building and and again our our objective is to try and

Similar wording

and complement the orientation of the neighborhood and not to we would love to eliminate the

Similar wording

roll-up gate and the in and out of cars from the building but have something that would be a little

Similar wording

bit more uh pleasant to the eye and and have a continuous uh sidewalk appearance i don't think

Similar wording

anybody will object to the gate or a different garage door being placed in they've been living

Similar wording

with that for 70 years around there so uh i i don't buy that argument but i would also note

Similar wording

that just the next neighboring building it's a bit different in that it's six condominium units

Similar wording