civus
Hearing video

ZBA Hearing - December 14, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 14, 20224h 42m

that is my packet we just received it today and we provided revised presentation a revised

Similar wording

presentation packet accordingly um as part of our ability to get a letters of non-opposition

Similar wording

we agreed uh to revise plans um we're actually eliminating one of the refusals the mitchell

Similar wording

refusals so we're in between two two-story homes and we're setting we agreed to set back

Similar wording

eight feet on the third story to eliminate that refusal. But they overwhelmingly then supported

Similar wording

our project based on that concession. Nearby recently granted multifamily variances. I mean,

Similar wording

that's the heart of our matter. This is an RSA 5 property, one in name only. We're across the

Similar wording

street from a big commercial building. And this property has been vacant for some time.

Similar wording

And it's not uncommon for this board and this community to support multifamily dwellings on RSA 5 properties under those circumstances.

Similar wording

Then we'll review maps in the area, photographs of the property in the surrounding area, our plans and drawings, our RCO meeting notice, our application for appeal, our deeds of property, showing that City Land Development LLC is the owner of that property, and our Certificate of Tax Clearance.

Similar wording

Again, in the virtual audience, we have Ghazi Ida7, who at the conclusion of my presentation will virtually raise his hand, be sworn in, and he'll adopt my testimony as his own.

Similar wording

We also have Christopher Johnson of 24-7 Design, if there are any technical issues or questions the board may have.

Similar wording

First things first is our notice of refusal.

Similar wording

So this is an RSA 5 property, and we have three refusals for this proposed two-family dwelling.

Similar wording

The first is the one that we're eliminating, where we're between two two-story dwellings, and where we were originally asking to go straight up on the third story.

Similar wording

at the request of the community.

Similar wording

They asked us to set back AP,

Similar wording

which we agreed to,

Similar wording

and we have revised drawings

Similar wording

with a proviso form as well.

Similar wording

So if the board's still inclined

Similar wording

to grant this variance request,

Similar wording

we would ask that they were granted

Similar wording

with proviso revised plans,

Similar wording

with revised plans.

Similar wording

The second refusal has to do

Similar wording

with the fact that we're asking

Similar wording

for two-family dwelling on RSA 5 lots.

Similar wording

Again, not out of character

Similar wording

to what the board has previously granted

Similar wording

and recently granted in this neighborhood.

Similar wording

And then the third refusal has to do

Similar wording

with the maximum occupied area.

Similar wording

We're asking for a de minimis variance

Similar wording

under those circumstances.

Similar wording

Whether this was an RSA 5 property

Similar wording

that was being used as single family

Similar wording

or as a duplex,

Similar wording

we would ask for that same type of request

Similar wording

just because we're trying to have

Similar wording

of functional floor plan here, and given the width of the lot and the length of the lot,

Similar wording

it makes sense to allow us, under the circumstances, to vary under the Philadelphia zone of the

Similar wording

code. Our correspondence from the Mill Creek Advisory Council, as they indicated, they are

Similar wording

in non-opposition to this project. And then our revised plans, again, we're adding a front

Similar wording

eight-foot setback to the third story to eliminate that refusal. And then this is our revised plan

Similar wording

one page showing that as well. And then recently granted zoning variances in this neighborhood

Similar wording

under similar circumstances, 4801 Fairmont Avenue, this board has approved, 5024 Ray Street,

Similar wording

this board has approved. And then maps of the area, as you can see, we have a kind of funky

Similar wording

intersection here of haverford fairmont and 49th street uh and we're not that far from commercial

Similar wording

corridor so density always helps uh support those commercial quarters like this uh and as you can

Similar wording

see here uh where we're in the neighborhood again we're across the street from chop so we're at the

Similar wording

the beginning of a residential neighborhood typically from a city planning perspective

Similar wording

When you have a big commercial structure like that, you typically don't have single family use, especially when you're out on the street on Haverford Avenue, you're near Fairmont Avenue. Typically, again, to help support some of these commercial borders, you would have.

Similar wording

So typically, again, to help support some of these commercial borders, you would have density from a city-wide perspective.

Similar wording

For the rest of the property, so again, we're between two two-story structures.

Similar wording

This property has been vacant for at least the last 15 years, probably a lot more.

Similar wording

We did meet the neighbors to left and right of us.

Similar wording

Well, actually, I think just the right of us.

Similar wording

We don't have a letter of support from them, but they were supportive of this project as well, which was another reason why the community group actually wrote the letter of non-opposition.

Similar wording

In addition to the proviso requiring us to be set back eight feet on the third story, they also wanted input from the neighboring property owners.

Similar wording

So after we met with those property owners and gave input from them, they sent that letter of non-opposition.

Similar wording

But they're supportive of that.

Similar wording

And then our zoning hearing notice poster, proof of posting, if it says hearing, Haverford Avenue to the right of the property, Haverford Avenue to the left of the property.

Similar wording

Again, you can see we're on the outskirts from this picture, both pictures of this is the commercial aspect.

Similar wording

Here's the beginning of the residential aspect.

Similar wording

Our plans and drawings, again, that's our site plan.

Similar wording

And we try to really replicate as much as possible the traditional Philadelphia brick facades.

Similar wording

We're set back on the third story at the request of the community.

Similar wording

But very simply, you walk in the front door.

Similar wording

There's a shared area, vestibule area.

Similar wording

It turns to the right.

Similar wording

It's unit number one.

Similar wording

That's a bi-level.

Similar wording

Go up a flight of steps.

Similar wording

That's unit number two.

Similar wording

That's a bi-level.

Similar wording

Unit number one, the lower level unit, has access to the rear yard.

Similar wording

Unit number two, for trash storage.

Similar wording

Unit number two has a ventilated trash faucet.

Similar wording

Both have garbage compactors, again, trying to be responsible about trash storage and then removal.

Similar wording

Our meeting was held on November 29th at 6.30 p.m.

Similar wording

It was an in-person meeting.

Similar wording

81 addresses were notified at this meeting list of the addresses proof of mailing to those addresses

Similar wording

our application for appeal that we filed with the zba along with the notice of refusal and project

Similar wording

information form our deeds of property uh showing that city land development llc is the owner of the

Similar wording

property and our certificate of tax clearance again indicating that there's a balance due for

Similar wording

2023 only. Again, those taxes are not due

Similar wording

until essentially the first quarter of the year of 2023. With that

Similar wording

being said, I'm going to share my screen. I'm going to ask that Mr. Addison

Similar wording

virtually raises his hand.

Similar wording

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

Similar wording

Chair, no one by that last name

Similar wording

raised a hand. However, Mr. Lange raised a hand. Do you want to hear from him? Sure, let's see if

Similar wording

he's involved in the case. Sir, please unmute yourself.

Similar wording

Why could you state your name and spell for the court reporter?

Similar wording

Mr. Lange, could you please unmute yourself? It was hit by mistake. Okay, thank you.

Similar wording

um i'll check the audience chair there's no one with the last name okay thank you so mr

Similar wording

knockam senior and also the court will accept your testimony thank you could you tell me what

Similar wording

the area looks like relative to multiple family dwellings uh yeah i mean there are multiple family

Similar wording

drawings like um nearby again there are two variances at 5024 ray street and 4801 fairmont

Similar wording

Avenue. So if you, and I can go back on the map. No, no, that's fine. We intersect with Fairmont

Similar wording

Avenue. We're right behind it. Okay. Questions from the board? No, Mr. Chairman. No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no handshare. Planning Commission. Good afternoon. David Vecto, City Planning Commission.

Similar wording

Mr. Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.

Similar wording

This is a primarily single-family block.

Similar wording

The zoning archive shows one duplex amongst single-family homes on this block face.

Similar wording

There is no unique physical condition of this 978-square-foot plot that would prevent it from being used in conformance with the zoning code.

Similar wording

The City Planning Commission recommends that the board deny the proposed use variance.

Similar wording

Okay.

Similar wording

MI 2022-004246-4913 in Haverford, I vote yes. Revised plans, one-paged, stamped by ZBA, December 14, 2022.

Similar wording

MI-2022.

Similar wording

0 0 4 2 4

Similar wording

Thomas Holloman, my vote is no.

Similar wording

James Snell, yes with proviso.

Similar wording

Ishmael Shahid, yes with proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Here we go.

Similar wording

Case number five, MI 2022, 004259, 5427 Market Street.

Similar wording

Henry Clint is the attorney.

Similar wording

Letter of support from Achieve Ability.

Similar wording

Good afternoon, Mr. Chairman.

Similar wording

Hi. Could you just state your name, Mr. Clinton? You've already been sworn.

Similar wording

Sure. Henry Clinton, C-L-I-N-T-O-N.

Similar wording

Mr. Clinton, could you identify your client and their relationship to the property?

Similar wording

Sure. My client is Amir Levy, A-M-I-R-L-E-V-I, and he is the principal of the applicant, LLC.

Similar wording

All right. Our board secretary, Mr. Shahid, has a few questions.

Similar wording

good afternoon council do you agree to waive the reading of the refusal and stipulate to its

Similar wording

accuracy yes i do do you send in all the required documents five days prior to this hearing yes we

Similar wording

have thank you please proceed and share your screen thank you mr sheen

Similar wording

Good afternoon, Mr. Chairman, members of the board.

Similar wording

Henry Clinton for ANM Investment, Inc., principal of which is Amir Levy, A-M-I-R, L-U-V-I, who

Similar wording

is on the call with me.

Similar wording

This is my presentation package, which contains exhibits, table of contents, AA through A11,

Similar wording

which I ask to be admitted into the record.

Similar wording

Chief document is the refusal. This is a long vacant lot at the corner of Market Street and

Similar wording

Conestoga Street in the shadow of the L that runs above on Market Street. It's across from a cemetery

Similar wording

and it's zoned CMX2. This block on this side of the street, which is the north side as well as

Similar wording

the south side of the street on the other side of the L, is primarily residential.

Similar wording

The refusals concern use, basically, indicating that if you have a CMX designation, that the first 30 feet of the building depth be commercial and the rest can be residential.

Similar wording

That's really the chief refusal, even though there's another one concerning the size of the various units.

Similar wording

Our request is that the commercial unit, which would typically be on the first floor, be exchanged in return for a residential unit because the block is mainly residential.

Similar wording

The commercial corridor is at 52nd Street and 60th Street and or other vacant commercial properties between that stretch of blocks.

Similar wording

We have overwhelming support from Achievability, which is the designated RCO. In fact, I wanted to just read one sentence on behalf of the RCO, basically indicating that the development team has made great strides to meet the needs of the community by designing a building that reflects the overall culture

Similar wording

and tradition of the neighborhood and that culture being residential as well as a there was a desire

Similar wording

to have a front porch on this property so whoever inhabits the property can interact with the

Similar wording

neighborhood. The letter goes on to state that the developer has gone above and beyond in attempting

Similar wording

to meet the needs of the neighbors and the majority portion of the residents supported the project

Similar wording

because this is a welcome change to the neighborhood and they believe that the apartment

Similar wording

building would bring a positive change to the area these are photographs uh the property is right

Similar wording

here mr chairman again this is market street you can see the tracks of the l conestoga street

Similar wording

running north and south a cemetery across the street uh when i show you the next photo you'll

Similar wording

see a building here which has been cinched up henry henry hold on a minute thomas go ahead

Similar wording

yeah can you move it up so we see

Similar wording

i think he wants you to make it a little wider henry

Similar wording

I think you want you to make it a little wider, Henry.

Similar wording

Is that better, Ms. Holloman?

Similar wording

Yes, sir.

Similar wording

Thank you, sir.

Similar wording

So this is the vacant lot.

Similar wording

It's more the size of a residential lot.

Similar wording

It's not overly large, but it is on the corner, which would provide three one-bedroom apartments

Similar wording

and ample space for every inhabitant.

Similar wording

This is looking north on Conestoga Street.

Similar wording

This is the cemetery across the street.

Similar wording

This building is not here.

Similar wording

It's been demolished.

Similar wording

This is looking across the street, just to show you the residential nature of the homes

Similar wording

across the street.

Similar wording

There is one commercial building.

Similar wording

And one thing I failed to point out, Mr. Chairman, in this photograph is, this is east direction.

Similar wording

You can see that they're all residential properties on this particular block of the 5400 block of Market Street.

Similar wording

So I was endeavoring to show that it is a residential character block.

Similar wording

Zoning notice, these are the plans.

Similar wording

This is a rendering of the structure, three stories, bay on front and back, the porch,

Similar wording

which was important to the neighbors on the block because each of them had porches on

Similar wording

Conestoga Street, and they were really the neighbors that did come out and voice some

Similar wording

support for the project and had some input on the design. I mean, the design was a

Similar wording

provided to the community group, and they basically endorsed the design.

Similar wording

It's pretty straightforward. Basement will contain utilities. We have no issues with the

Similar wording

rear yard. It's an ample rear yard. No issues with height. There's going to be one bedroom

Similar wording

on the first floor. One bedroom on the first floor here, excuse me. One bedroom on the first

Similar wording

floor. And then the second and third floor have mirror images of floor plan. One bedroom, which

Similar wording

will be in the rear of the property and no rooftop deck.

Similar wording

This is the elevations.

Similar wording

Again, a lot of brick on the side and the front

Similar wording

as I showed you initially

Similar wording

in keeping with the context of the block

Similar wording

and the brick that's exhibited on other properties.

Similar wording

So in conclusion, and by the way,

Similar wording

I do have the architect Ray Rollo on the line too,

Similar wording

Mr. Chairman, if there's any questions

Similar wording

that need to be directed his way.

Similar wording

But in conclusion, this project is really not affecting any development of any adjacent property.

Similar wording

It doesn't affect the lighter air of any adjacent property because any shadow that it casts will be cast on the cemetery, which is vacant to the west.

Similar wording

It is on a residential strip on a 5400 block of Market Street with the commercial corridor being on 52nd Street and 60th Street.

Similar wording

It is generally in harmony with the code.

Similar wording

I understand also there's going to be a remapping of this area to CMX3.

Similar wording

And if that were the case, this would be a by-right project.

Similar wording