ZBA Hearing - September 21, 2022

the board leader. He verbally told me and confirmed, because we knew that, that they would

issue a letter of support. I have not received that letter of support to date. So I just want

to let you know, but Alex Stolberg, who's also in the virtual audience, was at the community meeting

and heard a positive vote as well. So I just want to let you know that as an officer of the court,

that's when i'm stating so but i have not received that letter uh we have maps of the area um and and

by the way i also verbally spoke to mr goodman i know there's a letter out there that i haven't

seen but my understanding is that their office will be in non-opposition uh given the community

benefit um just so you understand it's not you know relevant to these proceedings but my client

is making a donation to help facilitate the creation of a recreation center in this portion

the city southwest it's only a small drop in a bucket but hopefully they'll meet their goals

in this community to create that indoor recreational facility um but that that's the

community benefit uh maps of the area photographs of property or plants and drawings or rco meeting

notices or application for appeal or diesel property and a certificate of tax clearance

again in the virtual audiences for opportunity of v2 properties um v2 properties well known for

their work. You know, they try to be a responsible developer. No one's perfect.

You know, they try to be a responsible developer. No one's perfect, you know, with that type of volume. But, you know, twice they have been recognized by the Philadelphia Enquirer as developer of the year.

And they're very good about infill work. And they're good about giving back in communities just like this. Here, you know, we're formalizing that by way of a community balance agreement.

and there are these are properties you can see these refusals are rather old you know we have

dated june 3rd of 2020 uh and uh what we're trying to do is put three triplexes here um

make some more affordable housing um you know we we think given that the lot sizes of these

properties it makes sense under the circumstances uh you know it's not to say that you know it

matters but these are arm one properties these would be allowed this right the density will

make the property more affordable. I know that that's not a zoning matter, but these lots have

also been vacant for some time too. So that's the one refusal. There's a refusal for 1109, which is

in March of 2020. And then here's the third refusal in March 19th of 2020. Again, all triplexes that

we're seeking to build. And then the correspondence we have as a placeholder, right? So we want to

submit our documents in a timely fashion by, you know, Friday of the week before the hearing. So

we met with the 51st Democratic Board on September 12th. We're still waiting for the correspondence,

but I did have communications with Gregory Benjamin, the ward leader who indicated their

support and then maps of the area again we're in southwest philadelphia um you know on 53rd street

all these properties are close together uh you know we you know they try to build in in areas

where they can create the density necessary uh for development purposes um also to create more

affordable uh housing as well and then there's 1109 and 1111 south 53rd street and then 1054

south 53rd street and then this is 1041 south 53rd street we're not this whole lot we're just

this little portion of this lot and you know we're trying to develop and build this lot

and then this is what it's it was like back in the day this is really the lot right here

it has been vacant for almost 15 years well since august of 2009 at least there's a picture of it

may be vacant for a longer period of time and then here's 1109 and 1111 south 53rd street are

also vacant lots and as you can see they have been vacant lots for some time they go at least

from google earth as far back as august of 2007 probably further than that and then here's a

thousand block of 53rd street to the right of the property a thousand block of 53rd street to left

to the property 1100 block 53rd street to the right of the property and 1100 block 53rd street

to the left of the property and then b2 again well known and they're very good work product they you

know i always try to give examples just like my other client today of you know kitchens living

areas so you can see the quality of workmanship uh again nice light and air hardwood floors nice

size closets nice bathrooms nice you know lower levels they try to make them functional floor plans

um and you know just you know we show more bathrooms and living rooms with nicer lights

and air and then here's just the site plan and you know we have a site plan and a floor plan

for all of them um but you know basically uh these are the floor plans we have you know unit number

one which is a bi-level unit number two is the whole uh so bi-level first floor lower level

Unit number two is on the second floor

and unit number three is on the third floor.

Each of the floors, each of the units

have a garbage disposal

as well as a ventilated trash room.

And again, they try to keep the brick facades as to each.

And it's, you know,

here's just a side level of that as well.

And then the same thing for 1109 and 1111,

you know same type of you know floor plans by level first floor lower level then second floor

its own unit and third floor is its own unit again garbage disposal in each of the units

in the kitchen and there'll be ventilated trash rooms in each of the units as well

and then we met over many meetings formal RCO meetings the first meeting I'll be honest was a

a little rough, but, you know, if you don't give up and you try to listen to the community

and find out, you know, what they want out of the situation, like, you know, there's

always an opportunity to work through those issues.

In the last meeting we met, I thought, you know, through what I heard from Mr. Goldberg in my office was they were very supportive.

In the last meeting we met, I thought, you know, through what I heard from Mr. Goldberg,

And, you know, we worked diligently offline as well with the council member's office, as well as nearby neighbors.

My understanding that there are a few nearby neighbors on 53rd Street directly adjacent to one of these properties who supported this project.

And it's taking time out of their day to express their support.

but 100 for 1041 121 addresses were notified in that meeting listed the addresses proof

of mailing to those addresses and then 10 1109 the same thing 179 addresses notified

those addresses proof of mailing to those addresses and then 1111 south 53rd street 183 addresses

you know these are the addresses proof of mailing to those addresses

And then our applications for appeal, the owner of 1041 is Golden Rule LLC, which is a subsidiary of B2 properties.

And 1109 is the same.

And 1111, actually they're all owned by Golden Rule.

And then our deeds to property, same thing, showing Golden Rule LLC is the owner of the properties.

and then just sort of certificate of tax clearance showing that there's no money owed to the safe

so with that being said I'm going to stop sharing my screen I would have Mr. Dewey virtually raise

his hand about my testimony interested to see to hear what the letter has to say I know that

there are supportive members within the community and we would love to take any questions from the

board. Mr. Dewey, please unmute yourself and wait for the chair.

Could you state your name and spell for the court reporter, please?

It is Robert Dewey, R-O-B-E-R-T.

d-e-w-e-y do you swear or affirm to tell the truth the whole truth and nothing but the truth

i do proceed counsel oh yes mr dewey you heard everything i had to say today

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

questions from the board no mr chairman and mr chairman no no mr chairman

so uh mr goodman was tied up today he's requested that this letter be read into the record

mr chair members of the board we wanted to say a few words on the record for these particular

cases because they have admittedly caused some disagreement in the community this block very

much wants to preserve its single family base zoning we agree with that general self general

sentiment as well. However, in this incident, we saw most affected neighbors who lived within 250

feet radius change from opposing to non-opposition between the first RCO meeting and the most recent

the fact that these applications are in vacant lots where there would be a new construction

also plays a role as the proposed development would not tear down any buildings that make up

the current housing stock on the block all that would remain intact in addition the owner has

been willing to delay these proceedings in order to meet with the block captains to figure out ways

they could help on community goals. So for these reasons, the vote for affected neighbors,

the fact that the properties are currently vacant lots, and the commitment the owner has made

to collaborate on community initiatives, the council member has no opposition to these three

proposed variances. Thank you for your time, Andrew Goodman, Director of Equitable Development,

Office of Council Member Jamie Gauthier, 3rd District.

any other comments from the virtual audience yes sir

please state your name and spell it please my name is harrell h-a-r-r-e-l-l do you swear

or affirm to tell the truth the whole truth and nothing but the truth i do proceed

Proceed.

I'm representing

You're breaking up, Mr. L. Could you get closer to the mic?

I'm representing the 51st Ward coordinating RCL. Can you hear me?

Yes, we can now, sir. Thank you.

Okay. As mentioned, there were two meetings held in the community concerning these three addresses.

And the first meeting, there had to be a little over 60 residents at the meeting.

And there was some concern because, again, this is one of the community that's issues of gentrification and parking.

But these are lots that have been vacant for quite some time.

483 letters inviting community residents to both of these meetings, the last being last Monday.

their neighbors

them have changed

their minds based on

having the opportunity to meet

Mr. Notcombe and his clients over

the course of the past two years

to the point where there have been discussions

as mentioned of

community benefits

an ongoing conversation

between the residents and the applicants

the 51st

Work Coordinating RCO goes on record

in support

of this

and

continue to work

with it with the applicants

and Mr. Nakas

as we move forward.

I spoke with Captain on the

block and the resident

who is directly next

to one of these

addresses

and they are both now in support

of the application. So we go

on record as a coordinating

your ICO in support of three applications that are before you today. Mr. Rell, thank you for

your phone call. Thank you for your input. Is there anyone else in the virtual audience?

I see the additional hands, Chair. Planning Commission.

Good afternoon, Chair. Peter Bernard for the Planning Commission.

The zoning was updated to RSA 5 single-family attached residential at this location in 2019

after a community supported remapping the applicant has failed to demonstrate any hardship

as there is no hardship for vacant land additionally we feel bedrooms located in basements

represent a safety concern accordingly the planning commission recommends the board deny the variance

thank you peter so i'm gonna excuse me mr chair um peter um with the was that the recommendation

for all three of those properties yes

Okay. All right. Thank you. I just wanted to be clear.

I'll read the three properties into the record and then we'll vote.

So it's number five, MI 2020, 000803-111-South 53rd. MI 2020, 000841-1041-South 53rd. And MI 2020, 000802-1109-South 53rd Street. I vote yes to all three properties.

Carol Tenere, I vote yes on all three properties.

Thomas Holloman, I vote no on all three properties.

Mr. Shahid, I vote yes on all three properties.

Thank you.

Thank you, Mr. Nockamson.

Let's see here.

So we're going to number six.

It's not your case, Mr. Nockamson.

I'll get back to you.

I'm sure he'll be back.

So, MI 2022-003-175-225 Cobbs Creek Parkway, Jared Klein is the attorney. We don't have a letter yet from Cobbs Creek neighbors. Am I right, Hillary?

That is correct, Mr. Chair.

Thank you.

Chair, Mr. Klein is coming back in as a panelist now.

Thank you. Good afternoon, Mr. Chair, members of the board.

Jared Klein, J-A-R-E-D, last name is K-L-E-I-N, 130 North 18th Street in Philadelphia.

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

Yes, I do. Mr. Klein, identify your client in a relationship to the property.

Sure. My client is the Children's Hospital of Pennsylvania, and they're the owner of this parcel.

Okay. And our vice chair has a few questions. Certainly.

Mr. Klein, do you agree to waive the reading of the refusal and stipulate to its accuracy?

Yes, I do.

Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property?

a copy of the refusal or referral photos and or plans of the property five days in advance of

this hearing and have you met with the rco and do you have a letter yes to all accept the letter

from the rco um we met with them uh on september 12th but we have not received any correspondence

from the rco to date okay you may proceed and begin to share your screen thank you thank you

okay here for 225 cobs creek parkway which as i mentioned is owned and operated by the children's

hospital of pennsylvania it's one of their pediatric care centers and the nature of our

application today is is pretty simple what we're seeking is to install a fence along one of the

lines of the property along the Locust Street frontage. And the style and nature of fencing

that Children's Hospital wants to use is a little taller and a little less opaque than what the

zoning code would allow by right. Just to contextualize the board to the property,

this is the facility here off of Cobbs Creek Parkway, surrounded by multifamily uses and

single family residential here. Zoned residential multifamily. And this is the front of the building

that has our zoning posters included on it. The fence itself is going to go along Locust Street.

So this is the frontage of the property as it currently exists. The proposed fence is going

to run along locust street going down along this way and this is the area that the fence would sit

behind behind these shrubs it would then go down and front on this parking area that is utilized

by this facility for for parking the idea and purpose of the fence is to provide some additional

security for the facility and to secure their parking area which is right now just open and so