ZBA Hearing - February 5, 2025

Thank you. Mr. Chairman, members of the board, you'll please forgive me.

I have the flu, so if I'm a little bit difficult to understand, I apologize.

I'm going to do my best to get through this as quickly as we can.

um uh mr chairman members of the board the request before you today concerns 2502 north

10th street you have an exhibit packet which contains 16 exhibits which we do request be

moved into evidence at the conclusion of the presentation today okay to summarize the basis

for today's request this application requests a variance for the elimination of a required

ground floor, non-residential space, as well as to permit two additional units beyond what

the code would allow in this location. Additionally, a small dimensional variance is

also requested. As Mr. Chairman indicated, this application received overwhelming support from

the local RCO, the 37th Ward RCO. With that in mind, let me first orient you to the location

With that in mind, let me first orient you to the location of this property.

of this property.

As always, the deed and tax clearance are included at Exhibits 2 and 3.

As you can see here on the aerials I have up on the screen at Exhibit 9,

this property sits on 10th Street, one property in from the corner of West Cumberland Street.

I'll highlight a few important geographical notes for the Board's consideration.

First, from this north view, you will see that this block extends off of Germantown Avenue,

which is directly to the north of the property.

As you can see here, this section of Germantown Avenue is more industrial in nature, which

you will also see on the zoning map as well.

You'll also notice that this block of 10th Street on this side of the property is largely

barren of any structures except for the one at the corner.

You can see these conditions as well, looking from the south.

From the east, you'll see that across the street is largely occupied by one main child

care user.

The barren conditions of this block are shown most clearly in this view from the west, where

even across Cumberland Street is currently largely vacant at the moment, being the future site of a

PHA Fairhill development that is slated to bring roughly 130 units to that site.

The described conditions are shown more clearly in the photographs that I have also included at

Exhibit 10. The property before the board is the empty lot that is directly to the right of the

existing corner structure, which is occupied by a typical corner takeout restaurant.

This next image here is from the Cumberland and North 10th Street intersection, where again you

can see the relationship of this property to the soon-be-built dense PHA Fairhill complex

with the apartments to the, to the rear. Again, looking at this block of North 10th Street more

clearly in this next image, you'll notice that it is devoid of any active use or structures.

These conditions are more likely than not to remain on this block, as most of these lots are

either owned by PHA or the Village of Arts and Humanities, which operates art parks in the area.

The next photograph here is oriented along North 10th Street facing towards North York. And again,

you'll see that slated PHA development in this image as well. Across the street from the property

is that child care center which I pointed to earlier that occupies much of the property but

fronts on Germantown Avenue. There was previously a laundromat at the corner

but that does not appear to be operational. Also across the street is the is a photograph

showing the office of a podiatrist which again you will notice has no entry or exit onto North

10th street these are both small non-pedestrian oriented commercial uses

that do not have any form of activation on north 10th street

the final view i've included looks northwest on germantown avenue where again you'll see

this section of the avenue is not the core of the commercial corridor attracting cmx2 type of uses

We did also include photographs of the zoning posters, which were timely posted.

Referring to the zoning map at Exhibit 6, you'll see that this property is zoned CMX 2.

Consistent with the photographs that I showed you earlier, you will notice that the intersecting

portion of Germantown Avenue is zoned I-2, not any form of commercial designation that would render it

viable to really continue that commercial use down the smaller side streets, particularly since it's

only North 10th Street that has that continuation of CMX-2. The proposal for 2502 North 10th Street

is shown on the zoning plan at Exhibit 11

and includes one new three-story structure.

The building will contain four dwelling units.

The building will contain four dwelling units.

As you can see on the elevation, the structure is elevated so that the lower level is roughly four and a half feet above grade.

As you can see,

Turning to the floor plans, the proposal includes four units, each a one-bedroom, one-bath unit.

The units are each roughly 800 square feet.

Units A and B are bi-level.

Unit C occupies the second floor, and Unit D occupies the third floor.

There is also a common roof deck.

Each unit has its own washer and dryer, and trash will be stored interior to each unit.

The rear yard connects with an alley, as you can see on the zoning plan, out to Cumberland, and the cans will be stored in the rear.

My client Dennis and his maintenance staff are responsible for all of his property's trash maintenance, which includes putting out and cleaning up the trash after collection.

By way of example, at Exhibit 13, we have included a photograph of another recent development that my client constructed nearby, again just to give you a general sense of aesthetic rendering.

Regarding the refusal, I'll start first with the dimensional refusal, which is relatively

minor. If I flip back to the aerials, you'll begin to start to glean the basis for the requested

dimensional refusal to exceed occupied area just slightly. 75% coverage would be permitted for this

lot or 792 square feet, and this proposal covers just over 86 percent or 912 square

feet of the 1,056 square foot lot.

As you can see, the corner property is currently nonconforming and occupies what appears to

be 100 percent of its lot.

This variance, this dimensional variance, will enable the new structure to more closely

align with the contextual relationship of the only one other structure on this block.

Despite exceeding the occupied area limitation, the proposal still includes a fully compliant

rear yard depth and area.

Next, because this lot is zone CMX2, it would require a ground floor non-residential use.

Unfortunately, for a variety of reasons the board has heard this afternoon, that is entirely unrealistic and not viable for this location.

At Exhibit 7, I've included an image showing the documented location of the Germantown Avenue commercial corridor.

Despite the zoning classification of this block of North 10th Street, the corridor does not extend down North 10th Street.

The zoning classification of this section of Germantown Avenue further renders commercial

use of North 10th Street extraordinarily unlikely.

As I highlighted earlier, this section of Germantown Avenue is zoned I-2, with uses

that are in line with that classification.

It is difficult to imagine that a bustling, pedestrian-oriented block can or will ever

be supported here, given it does not transition logically into a more established commercial

corridor. Even if Germantown Avenue in this location transitioned to a more traditional

commercial corridor, this property is over 200 feet away and is not visible from Germantown Avenue.

It is quite literally off the beaten path as it relates to any possibility of supporting a

commercial use. Finally, the conditions of the block itself rendered a considerable hardship

to support a ground floor non-residential use. As the board saw in earlier photographs and aerial

views, this block is largely devoid of any structures whatsoever. Complying with the code

here would mean establishing a 480-square-foot commercial space on a block with abject vacancy

and no means of supporting the new commercial use. Even the doctor's office and child care

center across the street have their entrances along Germantown Avenue, not from North 10th

Street, further deactivating this block.

Finally, this application requests a variance for the proposed density.

This application requests a variance for the proposed density.

By right, this lot would allow two residential units and one commercial unit.

This application requests four residential units.

While I was unable to locate any historical permits, historical maps shown at Exhibit 8 established that this lot seemingly maintained a three-family dwelling dating back to the 1960s.

This also supports the aforementioned arguments concerning the commercial space, as there is no evidence to suggest that this lot ever maintained a commercial use.

The density restriction on this lot is driven by two main factors.

First, the property sits in the north-central overlay, which requires 425 square feet of lot area per dwelling unit.

Furthermore, this property sits in the 5th District overlay, which prohibits the use of the mixed income housing bonus that would have allowed a bonus for the proposed density.

Given the conditions of the surrounding area and the degree of vacancy, additional density is required here to support the proposed development.

The owner purchased this lot in 2021 and has attempted to formulate a buy-right development scheme, but has been unable to support such construction for nearly four years due to the unique circumstances that burden this particular lot, leading to all of the hardships that we have described this afternoon.

Given the ownership of the remainder of this block of North 10th Street, it is not unreasonable to surmise that this may be the last development built for many, many years, and as a result, it is critical to encourage as much density as possible to further enliven the area and to further support the tenants who will actually be residing here.

This is especially true in light of PHA's large new development, soon to be constructed across Cumberland Street.

We submit the proposed number of units as the least minimum, as the density proposed is most appropriate for the interior layout of the proposed structure,

and will represent the antithesis of overcrowding given the conditions on this block that are ripe for any added density without the risk of any crowding.

Given the historical use of the property for three units, this proposal is a mere deviation from its historical use.

Absent the overlays, this density would be by right and is consistent with density often supported around the city on lots of equal dimension.

The dimensional variance is minor and is required to align this structure more closely with the limited contextual surroundings.

We submit the proposal will not increase congestion, harm neighbors' properties, or impair light and air.

The structure is proposed to be shorter than the code would allow, and there are frankly no structures around that can be negatively impacted by any aspect of this proposed development.

This area will also benefit economically from the proposal by creating new residents in the area to minimize vacancy and support the more vibrant sections of the nearby commercial corridor.

More detailed analysis is provided in the memo of law submitted to the board at Exhibit 14, and I'm very happy to touch on any particular point in more detail, if you can bear to listen to me any further.

At this point, I would ask if Dennis Schifrin could raise his hand to be unmuted.

Dennis Schifrin has been promoted.

Dennis, could you state your name

and spell for the stenographer?

He should be in

in a minute here.

Okay.

Dennis

do we see him

okay looks like he's coming back in

okay

Mr. Chair, while we're waiting, I'm happy for you to adopt my testimony as an officer

of the court.

And if there's any questions, then we can certainly bring him in.

We will adopt your testimony.

Questions from the board.

I have one question.

Do we know if there are any other residential uses on the first floor in any of the properties

on that block?

There are no first floor of residential uses

because there are frankly no structures on the block.

The only other structure on the block

is the one at the corner.

And that has a takeout Chinese food restaurant.

But aside from that,

there are no other structures on this entire block.

All right, thank you.

Are you able to hear me now?

I'm sorry.

Are you able to hear me now?

Thank you very much.

Questions from the board.

I'm sorry.

Dennis, we can hear you.

Dennis, state your name and spell for the stenographer.

My name is Dennis Schifrin.

My last name is S-H-I-F-R-I-N.

Do you swear or affirm to tell the truth, the whole truth,

nothing but the truth i do please proceed counsel thank you uh dennis have you heard all of the

testimony uh that i have offered in front of the board today i have and do you agree that

that testimony is true and accurate and would you adopt it as if you had given it yourself

i would thank you are the other questions from the board

okay so this would only be the second property on this block is that that is that is entirely

correct as you can see here from the aerials there is one structure on the corner that fronts

on north 10th street the rest of this block all the way up to germantown avenue is vacant there

There are a few structures on the opposing side of the street.

This is the podiatrist's office that I referenced.

But again, that entrance is directly from Germantown Avenue.

There was previously a laundry map at the corner here, but it does not look to be operational.

So this is really, truly a fascinatingly unique block that really has nothing there at the moment.

and then and am i looking at this correctly like across the street there there's nothing either is

that what uh do you mean across 10th street or you mean across cumberland across cumberland

that's for pha's building right where that that's that that is exactly correct uh board member

So this is where there is currently a PHA Fairhill development that is approved.

It's going to be, I believe, 130 units.

So it's coming.

I don't see building permits, but I believe that they are very much actively moving forward with that development.

So eventually there will be a little bit more life here, and we're hoping to add to that.

Okay. All right. Thank you.

Other questions from the board?

questions or comments from our attorney hillary emerson not at this time mr chair

questions or comments from the virtual audience

planning commission

amy boyd with the planning commission the comprehensive plan recommends no change in

zoning at this location from the existing commercial mixed use cmx2 the absence of

commercial space is consistent with the surrounding area, and the Lower North District Plan recommends

concentrating commercial uses to commercial corridors. Two dwelling units would be allowed

by right, and the proposed four units is not the least minimum, and the property has a history of

three families. The Planning Commission recommends that the Board grant the requested variance for

no ground floor commercial, grant the requested variance for a four multifamily with proviso

for three units and deny the requested variance for max occupied area thank you mi2024-006-590-2502

north 10th street i vote yes michael johnson my vote is yes tennetta graham my vote is yes

taiwan my vote is yes shaheed my vote is yes meredith uh it's obviously that you're not

feeling well would you would you want to rest for about 15 20 minutes or do you want to go

for about 15, 20 minutes, or do you want to go handle the other?

handle to your other mr chair i

Mr. Chair, I wouldn't mind getting it out of the way, if that's okay, if you wouldn't mind hearing my next case.

Just give me a moment to switch over my exhibits.