civus
Hearing video

ZBA Hearing - September 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20224h 24m

the proposal is to install a fence that will also have a swinging gate. This is a representative

Similar wording

sample of the style of fencing so the board can see what we're going to put in. This is not

Similar wording

actually at the location. This is just for representative purposes to show you the style

Similar wording

of fencing that CHOP had in mind. In terms of the plan, you're just going to have a fence that runs

Similar wording

along, and then there's going to be a security gate here. And so the new fence is proposed just

Similar wording

to run along this Locust Street frontage here with a swinging gate that's located in this area.

Similar wording

We mailed our notices to the relevant community, showing you here all of the list of addresses

Similar wording

to which notices were sent. And as I mentioned, we had a virtual meeting with Cobbs Creek on

Similar wording

September 12th. At the conclusion of that meeting, they indicated that they would be taking a vote,

Similar wording

But they did not announce that vote to us. We excused ourselves from from the meeting room.

Similar wording

My impression of the meeting was that the only real concern from the community perspective was that there were members of the community who were utilizing the parking area within the facility after hours.

Similar wording

So there's this parking area here, and there were people parking there after hours and were concerned that the installation of the gate would restrict that access.

Similar wording

We explained during the meeting that there was a security purpose for this fencing, but CHOP is committed to talking to the near neighbors about ways that we might preserve some parking access, and those conversations are ongoing.

Similar wording

But I did not hear any objection to the fence itself.

Similar wording

It was really a concern about limiting access to the parking lot and what impact that might have.

Similar wording

If anybody's on from the RCO, we would be more than happy to hear their position.

Similar wording

But we made several requests to the RCO following our meeting, did not get any correspondence.

Similar wording

If I might ask Jonathan Hood to raise his virtual hand so he might adopt my testimony.

Similar wording

Mr. Goode, if you're in the virtual audience, can you raise your hand, please?

Similar wording

And if he is not able to join us as an officer of the court, I will

Similar wording

represent the factual accuracy of my statements.

Similar wording

That's fine. We will take your testimonies. Fine.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands now, Chair.

Similar wording

i see no hands now chair planning commission

Similar wording

Planning Commission.

Similar wording

good afternoon chair peter bernard for the planning commission

Similar wording

the comprehensive plan recommends no change to the rm for multi-family residential at

Similar wording

dislocation we feel the proposed fence height and opacity is de minimis and the minimum necessary

Similar wording

accordingly the planning commission recommends the board grant variance thank you um hillary i

Similar wording

I think we should hold this for a week for the vote and see if we can get the correspondence.

Similar wording

I mean, Mr. Klein, we spoke before.

Similar wording

We're noticing some of the, like the 12th, it's not a lot of time yet.

Similar wording

So some of these RCOs have not been getting them out.

Similar wording

So why don't we give this a week, see what we can do, and then we'll approach this next week and have it done, okay?

Similar wording

Certainly.

Similar wording

Very good.

Similar wording

Thank you, Mr. Chair.

Similar wording

Is that okay, Hillary, Tanya?

Similar wording

That is fine.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

sounds great chair okay number seven mi thank you mr klein mi 2022-003-170-2300 north 18th street

Similar wording

no letter from the coordinating rco uh mr knockamson

Similar wording

uh good afternoon mr chairman of the board alan knockamson a-l-a-n knockamson n-o-c-h

Similar wording

UMSON, 123 South Broad Street, Suite 1600,

Similar wording

Philadelphia, Pennsylvania, 19109.

Similar wording

Mr. Nachamson, could you identify your client

Similar wording

and the relationship to the property?

Similar wording

Yes, my client is 2300N, 18th Street Holdings, LLC.

Similar wording

And in the virtual audience is Brian Wise,

Similar wording

one of its members.

Similar wording

But, you know, we reached out to the coordinating ERCO on multiple occasions. We even asked them if they can't get a letter to, like, at least come on to the virtual Zoom meeting or hearing.

Similar wording

and unfortunately the community representative had a dentist appointment at two o'clock which

Similar wording

she couldn't make we also you know again I think this is a newer RCO they didn't know about the

Similar wording

fact that you had to give a summary report we gave them an example of what the approved summary

Similar wording

report that the CBA requests but we haven't received anything to date I will say that

Similar wording

our firm handled for another client the same property. And from their similar type of response

Similar wording

was, we want two commercial, we want two residential and one commercial, and that's

Similar wording

what we're offering. My previous clients did not want to add the commercial. They just wanted to

Similar wording

do two residential, and that's why that project started. Unbeknownst to me, one client sold it

Similar wording

to another client and this client that's what they want to do but this is a cmx one property

Similar wording

where we're allowed one one residential one commercial so we're asking for an additional

Similar wording

residential unit but you'll see from from the history of the property it's not out of character

Similar wording

So our notice of refusal. So this is a CMX1 property. It is on a significant size slot. It's on 1,261 square feet. So if this was a CMX2 property, which is not, we would be allowed as of right for this project.

Similar wording

But all we're looking to do is two residential units and one commercial unit, and we are being refused because we're asking for that one additional residential unit.

Similar wording

And the correspondence we met with, you know, from the coordinating RCO, we met with them last Thursday, September 15th.

Similar wording

I thought it was a very positive meeting.

Similar wording

They haven't responded, you know, in terms of giving a formal response.

Similar wording

Property history, you can see it's far back as 1972.

Similar wording

the last use of this property over 50 years ago,

Similar wording

this was a two plus one.

Similar wording

It used to be a bar there plus two residential units.

Similar wording

So what we're proposing is not our character

Similar wording

for this particular property

Similar wording

and falls in line with what the previous use was

Similar wording

over 50 years ago.

Similar wording

And that's why we're asking for the relief

Similar wording

from the zoning boards.

Similar wording

Then maps to the area.

Similar wording

We're in the corner of 18th and Dauphin right here.

Similar wording

And, you know, just maps from a Google perspective

Similar wording

of this model. And then photographs of the property, it's a vacant lot currently, has been a

Similar wording

vacant lot for some time. If you look at Google Earth, the oldest photograph is September 2009,

Similar wording

and you can see it was a vacant lot. There were some members in the community who stated that

Similar wording

that's been a vacant lot for as far as they can remember, over 20 years or more. So again, this

Similar wording

has not been a developed property for some time. I think there's an issue with the zoning. This

Similar wording

be more cmx uh two you know and you know given that this was a bar one point the cmx two zoning

Similar wording

would make sense and if this was cmx two two residential units would be allowed as a price

Similar wording

and then this is just 2300 north 18th street uh from the side of the property from the

Similar wording

dolphin street again vacant and then north 18th street to the right of the property

Similar wording

north 18th street to the left of the property west often street to the right of the property

Similar wording

west off in street till after the property and then our plants and drawings my client you know

Similar wording

again no dimensional refusals here they're trying to build something that fits within the code from

Similar wording

a dimensional standpoint brick facade a little more modern in nature a lot of light and air

Similar wording

you can even see from the bay windows there's light projecting from here the windows are

Similar wording

pretty open to provide a lot of eyes on the street. And then this is just the most basic floor plans,

Similar wording

but this is just, again, the commercial space and the rear yard sample, and that's where the

Similar wording

trash would be stored. There's actually, the entrance is on the Dolphin Street side for the

Similar wording

residential there is no basement use uh and there's three floors each floor has a residential

Similar wording

of the upper floors the second and the third floors and each are three bedrooms two beds

Similar wording

and then you know we had a meeting September 15th uh it was well attended I would say probably a

Similar wording

dozen or so people um other than the members of the coordinating RCO and the development team were

Similar wording

there 258 addresses were notified of the meeting these are listed the addresses

Similar wording

uh this is um proof of of mailing to those addresses of the notice

Similar wording

our application for appeal showing that 23 and 18 street holdings llc is the owner of

Similar wording

the property along with the notice of refusal and our project information and our deeds of property

Similar wording

uh with that being said uh and our certificate uh tax credit certificate that being said i would

Similar wording

ask that mr wise virtually raise his hands uh to virtual audience in the meantime there were

Similar wording

two provisos that were requested and which i think one of them is enforceable uh would be

Similar wording

commercial trash pickup uh the second proviso that was requested of us from the community

Similar wording

that there'd be no rooming units.

Similar wording

And as I indicated to the community,

Similar wording

if hypothetically my client wanted to use this

Similar wording

as a rooming house,

Similar wording

that's a completely separate zoning classification

Similar wording

and that we would have to come back to the board.

Similar wording

But if the board is so inclined

Similar wording

to put that as a second proviso,

Similar wording

no rooming units,

Similar wording

we would not have any objection.

Similar wording

We just don't think it would be appropriate

Similar wording

under circumstances,

Similar wording

but we have no intention to making this a rooming house.

Similar wording

okay sure client yep mr wise can virtually raise your hand

Similar wording

Mr. Wise, can you virtually raise your hand?

Similar wording

Mr. Wise, please unmute yourself and wait for the chair.

Similar wording

Mr. Wise, could you state your name and spell it, please, for the court reporter?

Similar wording

Yes, Chair.

Similar wording

Brian Wise, B-R-I-A-N, Wise, W-I-S-E.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Proceed, counsel.

Similar wording

Yeah, Mr. Wise, you heard everything I had to say today.

Similar wording

Yes, I did.

Similar wording

Is it true and correct?

Similar wording

Yes, it is.

Similar wording

And do you adopt an issue of testimony?

Similar wording

Yes, I do.

Similar wording

Now, the one thing I did state on the record was that there was no vote taken.

Similar wording

I did leave as soon as the meeting ended, but you stayed until the end, waiting for everyone to disperse the meeting, correct?

Similar wording

Mr. Wise?

Similar wording

Hello?

Similar wording

yeah brian i'm sorry you had cut out for one second i'm sorry

Similar wording

can you repeat yourself oh i i asked the question i stated on the record that no vote was taken but

Similar wording

i left as soon as the presentation concluded um and you and mr goldberg waited to the end

Similar wording

until the the uh community dispersed from the meeting is that correct

Similar wording

correct i did stay i'm sorry you're cutting it out so i can't hear everything you're saying

Similar wording

okay did you did you hear or see any vote taken no i did not okay but when when we presented um

Similar wording

would it be fair to say that the community uh was was universally positive for the presentation that

Similar wording

we gave oh yes they were all right thank you any questions from the board no mr chairman no mr

Similar wording

No, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Chair, we have Mary Jones with her hand up.

Similar wording

Ms. Jones, please unmute yourself and wait for the chair.

Similar wording

Hello?

Similar wording

Hi, Ms. Jones, could you state your name, please, and spell for the court reporter?

Similar wording

Yes, Mary Jones, M-A-R-Y-J-O-N-E-S.

Similar wording

Right.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

proceed um yes i was wanted to just uh call in today um because i was able to speak with the rco

Similar wording

leader um this afternoon um like mr knockamson said she wasn't available to get on the call

Similar wording

she did reiterate that there was no vote taken however she um rather than just

Similar wording

it's she what she didn't want to write a letter before because she felt like the conversation

Similar wording

needs to be continued she wanted some other items in writing aside from the proviso more

Similar wording

assurances from the applicant about you know just other issues of the development and so just with

Similar wording

that knowledge our office is just going to ask that this vote be held until those things can be

Similar wording

resolved with the RCO. Okay. Hi, Chair. This is Tanya. Yep. Is it okay if I can ask Ms. Jones

Similar wording

to put on the record the office she represents, please? Oh, yes. Sorry about that. Council

Similar wording

President Daryl Clark. Thank you. Thank you so kindly. Is there anyone else in the virtual audience?

Similar wording

chair i see no hands at this time hi planning commission

Similar wording

good afternoon chair peter bernard for the planning commission

Similar wording

the comprehensive plan recommends no change to the existing cmx1 commercial mixed use at this

Similar wording

location the applicant has failed to demonstrate a hardship that would require an additional

Similar wording

residential unit and there is no hardship for vacant land accordingly the planning commission

Similar wording

recommends the board deny the variance. Thank you. So, Mr.

Similar wording

Knackamson, to be consistent with what we've done earlier,

Similar wording

we'll wait until we hear from the

Similar wording

RCO. Hillary will give it a few weeks

Similar wording

to see if we can't get this done, and then we'll bring it back. Okay? That seems perfectly

Similar wording

fair. Okay. All right. Mr. Chair,

Similar wording

can we have a date, sir? And then if, for whatever reason, we have to

Similar wording

continue discussion at least it gives a deadline what what um

Similar wording

so why don't we look for two weeks tanya is that okay

Similar wording

that's perfect chair yep two weeks thank you mr chair sure okay that's october 5th

Similar wording

perfect i think mr knox is going to stay when i think we may have another one of yours

Similar wording

i think mr knoxin mustay one i think we may have another one of yours heard

Similar wording

right continued

Similar wording

okay number 14 mi 2022 002 963 1701 south 25th street kristin occamson that's yours

Similar wording

um so yep all right uh again why don't you want it well well well first of all who's your client

Similar wording

and what's the relationship to the property uh it's h and m development lls developments llc

Similar wording

and then the virtual audience is is uh is the owner's representative gazi honest right um

Similar wording

And our vice chair has a few questions.

Similar wording

Hi, Mr. Nockmson.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording