civus
Hearing video

ZBA Hearing - June 30, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 30, 20217h 12m

property on Siebert, property sold left on the property on Siebert. And then just examples

Similar wording

of Philadelphia City properties. They self-manage their properties and they also obviously build

Similar wording

their own properties. They take great pride in the craftsmanship and workmanship and these

Similar wording

are just interior examples of some of their similarly situated properties. And then our

Similar wording

plans and drawings. I'm just going to kind of zoom out a little bit. Again, this is a three-story

Similar wording

structure, a brick facade. You know, we have a lower level unit and an upper level unit. What I

Similar wording

like to highlight is that similar to the project at 1705 Siebert Street, which this board approved,

Similar wording

They have come with a design where there's a separate garbage room in the entryway. So you walk into an open area, a vestibule area, and they create a garbage room actually in the front of their property so that there's appropriate and responsible garbage storage for both of the units, not just a lower level unit in the backyard, but both of the units.

Similar wording

BECAUSE THERE'S A GARBAGE ROOM TOWARDS THE FRONT, ALSO BECAUSE NO ONE WOULD BE FORCED

Similar wording

TO PULL THEIR GARBAGE THROUGHOUT THEIR UNIT. AGAIN, THIS IS WHAT THE BOARD APPROVED BACK

Similar wording

IN AUGUST OF LAST YEAR FOR 1705 SEVERT STREET. AND THEN HERE'S THE LETTER THAT THIS BOARD

Similar wording

just received in opposition. As you can see, there were no votes, and it just state number

Similar wording

of attendees for due to technical difficulties on Beach Community Services, and there were

Similar wording

no residents on the community meeting. BCS, which is Beach Community Services, reach out

Similar wording

to the Community Land Trust Corp. and Friends of the 47th Ward. Both representatives noted

Similar wording

that their community residents are only supportive of single-family household living, not multi-household

Similar wording

living. So I actually spoke to Vivian Van Story of Community Land Trust because we've

Similar wording

done a lot of projects in this neighborhood. I reached out to her and asked her, is she

Similar wording

only in support of single family? And she stated no, that she cannot support a variance

Similar wording

project without the input of the community. And because there was technically no community

Similar wording

meeting, she couldn't vote for it. Even though last time, this board and this community and

Similar wording

Ms. Van Story and Beach Interplex supported this five to zero. Same exact circumstances

Similar wording

for 1705 Sieber Street. They supported it unanimously when they did have a community meeting.

Similar wording

And if you notice, one of the provisos dealt with the control trash room, which is the same

Similar wording

same configuration that we have for this project. So one of the provisos was to put a trash

Similar wording

storage inside in the front, just like this project.

Similar wording

JUST LIKE THIS PROJECT. SO UNDER SAME CIRCUMSTANCES WITH A COMMUNITY MEETING, THIS COMMUNITY ACTUALLY

Similar wording

SUPPORTED IT. SO THE INDICATION FROM THAT LETTER IS NOT CORRECT. THIS COMMUNITY HAS SUPPORTED

Similar wording

THIS PROJECT AS LATE AS AUGUST OF LAST YEAR AND SUPPORTED SIMILAR PROJECTS ON THIS BLOCK

Similar wording

OVER THE YEARS. HERE'S JUST PROOF OF OUR MAILING OF THE COMMUNITY NOTICE FOR JUNE 24TH AT 530

Similar wording

PM. We sent it to 162 addresses as noted by the City Planning Commission. And then the rest of

Similar wording

it is just the addresses that we sent it to. So with that being said, I'd be more than happy to

Similar wording

take any questions. But before that, I have the owner's representative. Steve, can you just

Similar wording

virtually raise your hand so you can adopt my testimony? NEW SPEAKERS WELLS,

Similar wording

to speak, sir. Yes, can you hear me? Yes, sir, can you please identify yourself for the records

Similar wording

by your first and last name? Yes, my name is Steve Shklovsky, S-T-E-V-E-S-H-K-L-O-V-S-K-Y

Similar wording

at 1626 Fitzwater Street, 19146. Thank you, sir, for understanding the truth, the whole truth,

Similar wording

for nothing but the truth? I do. Thank you. Please proceed. Yes, Steve, you heard everything I stated

Similar wording

today. I did. And is it true and correct? It is. And do you adopt it as your own testimony? I do.

Similar wording

Okay. So with that being said, just another point is that, you know, what frustrates me is that we've

Similar wording

probably sent over in excess of at least 20 emails over the course of eight months to plan

Similar wording

a community meeting we attended a community meeting in good faith and through no fault of

Similar wording

our own that community meeting did not happen and under yes and under similar circumstances

Similar wording

this community and this board has been supportive of this project now for all those reasons we

Similar wording

believe that the board would should grant this this variance request excuse me council yes

Similar wording

do you have uh bedrooms in the basement we have an open floor plan in the basement i will

Similar wording

hold on and this is the same floor plans that were for 1705 as well

Similar wording

i just know that because this is you know this from recent memory but hold on let me just uh

Similar wording

so hold on let me just make sure

Similar wording

Here, 50%.

Similar wording

Trying to tell me some technical difficulties here.

Similar wording

Oops.

Similar wording

Sorry about that.

Similar wording

Mr. Chairman?

Similar wording

Mr. Chairman?

Similar wording

Yes.

Similar wording

I would like to request

Similar wording

no bedrooms in the basement proviso.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

You're welcome.

Similar wording

Anyone else here that would like to speak in this matter?

Similar wording

I see no other hand, sir.

Similar wording

Okay.

Similar wording

Planning Commission.

Similar wording

Good afternoon, Chair.

Similar wording

Peter Bernard for the Planning Commission.

Similar wording

This property is indicated for single-family residential use

Similar wording

in the city plan this lot is smaller than the new RSA 6 zoning which has a minimum lot size of 720

Similar wording

square feet and only allows for single-family homes this proposal is for multi-family the

Similar wording

applicant has not demonstrated necessary hardship regarding the requirements of the code the

Similar wording

application represents an inappropriate overuse and is not consistent with with our adopted plan

Similar wording

Accordingly, we oppose the granting of the variance.

Similar wording

Okay. Thank you.

Similar wording

All right. Calendar number MI 2020-002-607-1713 Syberg Street. This record will be closed.

Similar wording

we will vote this matter in the next uh in 30 days for some internal discussion okay

Similar wording

thank you you're welcome good luck all right have a great day you too calendar number mi 2020

Similar wording

dash zero zero two six zero five twenty seven twenty one west cabot street

Similar wording

Mr. Mulvihill has been promoted to panelists.

Similar wording

Mr. Mulvihill has been promoted to campus.

Similar wording

Excuse me, this is Sharon.

Similar wording

Excuse me, this is Sharon Saleta.

Similar wording

We have received opposition letters from the RCO and from Councilman Clark.

Similar wording

Thank you.

Similar wording

Good afternoon, Chairman, members of the board.

Similar wording

Leo Mulvihill here today on behalf of the applicant.

Similar wording

Spelling my name is M-U-L, V as in Victor, I-H-I-L-L.

Similar wording

Address, 213 Green Street, Philadelphia, Pennsylvania.

Similar wording

1-9-1-2-3. Thank you. And you swear

Similar wording

to affirm and tell the truth, the whole truth, for nothing but the truth? I do. Do you agree

Similar wording

to waive the reading of its refusal and stipulate to its accuracy? I do.

Similar wording

Have you emailed an exhibit packet with the required documents, proof of ownership,

Similar wording

proof of tax compliance, copy of the refusal, or referral, photos

Similar wording

and plans five days prior to this hearing? I have. Thank you. Please

Similar wording

proceed. So good afternoon, members of the board. Leo Mulvihill again on behalf of

Similar wording

xeon real estate that's z as in zebra e-o-n llc uh up on the screen now is my presentation

Similar wording

packet for this matter we have the refusal appeal and project information form of page one

Similar wording

zoning map at seven deed at nine commercial activity license at 13 tax clearance at 14.

Similar wording

zoning notification letter to the community at 16. rco letter you see three asterisks i

Similar wording

received the letter only after i submitted my zoning packet but i have included it in this

Similar wording

packet for purposes of today's presentation photos of the property are at 19 plans are at page 58

Similar wording

now members of the board this is a proposal for a new three family dwelling on a deacon lot

Similar wording

at 2721 west kabbat street on the brewery town shardsworth area of the city this property is

Similar wording

directly next to a property that's been previously permitted uh for purposes of today's hearing

Similar wording

I'll call it 2719 Cabot Street.

Similar wording

The lot itself is a little bit irregular and goes through to Thompson,

Similar wording

but it's been being subdivided and a new multifamily building is being built there.

Similar wording

We'll see that in the drawings when I present them to everybody,

Similar wording

but that's just to alleviate anyone's concerns going forward when you see both of those buildings next to one another.

Similar wording

So we're proposing today to build one new structure with three units.

Similar wording

We received refusals from multifamily in the single-family district and an open area refusal.

Similar wording

We have a similar open area to the existing properties on the block, which puts us at 15.97% versus the 25% that's required under code.

Similar wording

One moment, members of the board.

Similar wording

Let me just pull out my sidebar here.

Similar wording

There we go.

Similar wording

So here's our area zoning map.

Similar wording

Members of the board, we're here on Cabot Street.

Similar wording

Thompson's here 28th and 7th and this is a lot that I'm talking about this is

Similar wording

the lot that would be next door to what a lot that we're discussing where

Similar wording

there's already been a multi-family building that's permitted we have some

Similar wording

RM1 I believe this is 15 separate condos we have some condos across the street

Similar wording

located here as well and there is a more multi-family that's been permitted as

Similar wording

you go north in the area but generally speaking it's RSA 5 with some RM1 in the

Similar wording

area it's an overhead view again this is our parcel here

Similar wording

you'll see when we have pictures is a big tree in the middle of the parcel

Similar wording

and this is the parcel where there has been a previously permitted new

Similar wording

structure that's going to be built as well permits are currently on the fence

Similar wording

in front of the building it's the same applicant

Similar wording

here's our deed commercial activity license

Similar wording

is our tax clearance information showing zero balance too again the tax compliance certificate

Similar wording

app was not giving me the necessary required certificate itself but i was able to get this

Similar wording

information for purposes of showing the board this is our zoning notification that went out

Similar wording

to the community group along with our copy of our refusal and our proof of mailing we did just

Similar wording

received this letter from Broomytown Sharswood. Our meeting was held some time ago back in,

Similar wording

if I recall correctly, March. And ultimately, after discussion with the neighbors,

Similar wording

there was a vote that was held. I was not present for the vote. There were five votes in support,

Similar wording

17 in opposition, four in non-opposition. So community was a little bit concerned about

Similar wording

the ultimate, pardon me, about the multi-family use here. The reason that we're seeking multi-family

Similar wording

has generally to do with the prices of construction these days, allowing for pricing of the units

Similar wording

themselves to be a little bit less expensive than if you were to build one single family

Similar wording

home, and continuity with the previously approved structure that's being built next door at

Similar wording

2719 which we'll see in a moment this is a zoning poster this is our existing lot this is the tree

Similar wording

that i was discussing earlier this is the parcel whereby the new construction will be built as

Similar wording

This is the parcel whereby the new construction will be built as previously permitted.

Similar wording

can produce a permanent, you'll see those.

Similar wording

You'll see those permits posted on the fence in a second.

Similar wording

This is looking down Cabot Street to the east.

Similar wording

We have a commercial garage across the street.

Similar wording

Westbound on the street.

Similar wording

It is largely a two-story and some three-story single-family homes.

Similar wording

As I noted, there are condos directly across the street.

Similar wording

One faces north and one faces south.

Similar wording

We have a third-story, three-story home with a setback back here as well.

Similar wording

This is rotating again, now looking east.

Similar wording

New construction looking to the south.

Similar wording

Then again, completing that 360-degree view of the lot.

Similar wording

This is that permit for next door, again, 2719 West Cabot Street,

Similar wording

which goes through, again, as I stated, the 2720 Thompson Street, the street directly to the north.

Similar wording

this is just photographs that were taken previously across the street which we used

Similar wording

in our zoning presentation to the neighbors pass those

Similar wording

so members of the board here's our rendering so these are these renderings here represent the

Similar wording

existing houses they're not entirely accurate but they're about as close as our guys could get

Similar wording

this is the new building that's been previously permitted this is to the left is our proposed

Similar wording

structure um it's three stories with the mezzanine um although it appears to be four here it does

Similar wording

not exceed the 38 foot maximum height and then this is us again usually mostly a red brick facade

Similar wording

in the front this just goes on to our elevation so again this structure this is the existing two

Similar wording

story single family home that's next door 2723 this is us the proposed structure 2721 this is

Similar wording

previously permitted structure at 2719 West Navarre Street, which is not yet being built

Similar wording

appropriately. As you can see, we have our rear yard. It's nine foot six, apartment three eighths

Similar wording

inches deep. The glasses are a little foggy. So it's a significantly deep yard. It's just

Similar wording

not quite deep enough to meet the open area requirement under the code.

Similar wording

And we'll get into the layout of the three units in a moment. Backyard is open to the first floor

Similar wording

unit page 59 in my packet for purposes of the record just looking to the left because that's

Similar wording

the structure that we're discussing today the building to the right is the one that's been

Similar wording

previously permitted so this is the basement so for purposes of this building we have mechanicals

Similar wording

common area storage for all of the units a b and c and then we have a trash and recycling

Similar wording

room down here because we always know there are community concerns regarding the trash and

Similar wording

recycling, but there's a common area for that, and it's going to be vented.

Similar wording

With respect to the first floor, you come in through the front step. We have our meters tucked

Similar wording

away in a nice little entryway. Come in through a vestibule, and then going to the right, you get

Similar wording

into unit one. Unit one's a one-bedroom, one-bath unit. It's about 732 square feet, a decent amount

Similar wording

of size. Living area to the front, dining in the middle. Kitchen, and then across you have your

Similar wording

washer, dryer, mechanicals, and your bath. And then to the rear, you have the bedroom

Similar wording

and the rear access door to allow you to get into the rear yard.

Similar wording

Now, if you wish to come in through the foyer, you can go down these stairs, and that's

Similar wording

down to the common area of basement for trash storage or storage of personal effects and

Similar wording

other items as well. You go up these stairs.

Similar wording

Then bring you down to this hallway, and you go to the front for unit B and to the back

Similar wording

for Unit C. As I said, these units have a mezzanine, so we'll get to that in a second

Similar wording

for the purposes of the location of the bedrooms. So to get into Unit B, you hang that right,

Similar wording

come through this door, you have living and dining here, kitchen area. Unit C, same thing,

Similar wording

living and dining, kitchen area. Bathroom back in here in Unit C. And bathroom back here

Similar wording

for Unit B. So more or less, they're near images of one another.

Similar wording

Now, once you've gone up, we have our sleeping area for each of the units, bedrooms in the

Similar wording

front, bedrooms in the rear, large bath, washer, dryer, mechanicals, and same thing here as

Similar wording

well.

Similar wording

Then, with these spiral stairs, that's how you'll be getting up to the roof deck, which

Similar wording

going to be for outdoor space for both units B and C.

Similar wording

Here's our mezzanine. Then here's our roof deck which is set back both from the back

Similar wording