civus
Hearing video

ZBA Hearing - April 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20217h 7m

And we had this discussion prior to COVID, but once COVID happened, it kind of crystallized in our mind that we did not need all the space that we had to do.

Similar wording

And we had this discussion prior to COVID, but once COVID happened, it kind of crystallized.

Similar wording

And that's when we went out and discussed with Larry what we thought we could do to repurpose this building or what we thought we could use to put on this property.

Similar wording

And how many trucks do you usually park there and how much activity is on site?

Similar wording

So prior to COVID, we had 30 employees in the office.

Similar wording

We have 25 service trucks that were in and out.

Similar wording

We had salesmen that are going in and out daily.

Similar wording

We had multiple vendors coming into the office, and we also had deliveries every day, including UPS and FedEx and other transport carriers.

Similar wording

All right.

Similar wording

And are you familiar with the Germantown Avenue commercial corridor that's within a block or less of this site?

Similar wording

Yes, I am.

Similar wording

And what's the nature of the vacancies and the occupancies?

Similar wording

Well, currently, there's been a number of vacancies and they continue to grow, specifically across the street.

Similar wording

The bank that is directly across from my property has already sent out a notice that they are leaving as of June 1st.

Similar wording

And if you drive up and down Germantown Avenue, you'll see multiple vacancies of commercial and retail properties.

Similar wording

All right. So when you met with Larry and you spoke with brokers and other people who are familiar with the market, what was the decision to do this as a residential development?

Similar wording

Well, the consensus, and that includes both my desire also, was that the best option for this site would be townhomes.

Similar wording

And you intend to live in one of them, correct?

Similar wording

That's correct.

Similar wording

All right. And you have met with the various neighbors and you've been involved with this very deliberate process through the Community Association.

Similar wording

And we're not going to get into the details, but we have submitted letters of support from your neighbors?

Similar wording

Yes.

Similar wording

So back in the beginning of the project, we thought we might want to do this.

Similar wording

I reached out to all the contiguous neighbors that touched my property and had discussions and shared the plans with them.

Similar wording

And all but one agreed that they supported and they had no opposition to it.

Similar wording

Subsequent to that, the most closest neighbor, which you'll see on that screenshot, which owns 14, 16, 18 to 20 West Highland Avenue,

Similar wording

sent a supporting letter into the CACA community board supporting this project.

Similar wording

along with Killian's Hardware and a number of other ones.

Similar wording

We also, at the time, for the ZBA zoning requirements,

Similar wording

sent out 65 letters to neighbors within 250 feet

Similar wording

and asked for any feedback or discussions,

Similar wording

and we left it open-ended at that point in January

Similar wording

to please call me if you had any questions or concerns.

Similar wording

I did not hear from anyone until we had our first meeting

Similar wording

with the community association.

Similar wording

All right, and finally, in case I forgot,

Similar wording

you heard my testimony and you heard Larry's testimony?

Similar wording

Yes, that's correct.

Similar wording

All right. Were they both accurate? And would you adopt them as your own?

Similar wording

Yes, I would.

Similar wording

All right. I have nothing further, Mr. O'Reilly.

Similar wording

Thank you.

Similar wording

Thank you. Before we move to Mr. Clinton, is there any questions for either of the Mr. Primavera's witnesses?

Similar wording

From the board?

Similar wording

No.

Similar wording

No.

Similar wording

Okay. Mr. Clinton, you're on.

Similar wording

Thank you, Mr. Chairman.

Similar wording

I'd like to ask some number of questions of Mr. McKeown, please, first, if he's still on mute it.

Similar wording

Mr. McKeown, please unmute.

Similar wording

Okay.

Similar wording

Hello, Mr. McKeown.

Similar wording

This is Henry Clinton.

Similar wording

Can you hear me?

Similar wording

I can.

Similar wording

All right.

Similar wording

So I'm representing the 220 neighbors in Chestnut Hill area and 20 near neighbors.

Similar wording

and your neighbors, I define as the planning commission defines those who live within 250 feet

Similar wording

of the subject property. So can you go to slide number 20?

Similar wording

All right. So thank you. That's slide number 20. And the building, the stone building is to the

Similar wording

right. It's a two-story building with a bit of an addition on the rear, correct?

Similar wording

Yes.

Similar wording

And you've lived in the area over 20 years?

Similar wording

I think you said 21 years?

Similar wording

31 years.

Similar wording

31, my mistake.

Similar wording

And you've seen this building over time.

Similar wording

Would you consider this building a well-maintained building?

Similar wording

Yes.

Similar wording

Would you consider this building still usable in its current state?

Similar wording

No.

Similar wording

Well, isn't there an ongoing business operation right now?

Similar wording

Oh, yes.

Similar wording

Yes, yes.

Similar wording

and that business operation could continue if the current owner or anyone else wanted to correct

Similar wording

well the current owner has already spoken out as to how this building is not meeting

Similar wording

is evolving business needs okay that's a little bit different from my question

Similar wording

okay that's a little bit different from my question though my question is that this building

Similar wording

My question is that this building is a serviceable building.

Similar wording

is a serviceable serviceable building and could be used by the current owner if he wanted to

Similar wording

or someone else if they wanted to use the building in its existing condition correct

Similar wording

for some use i guess i would guess yeah okay and in the ca1 zoning district there are a number of

Similar wording

uses correct like would you agree that business and professional offices is used for ca1

Similar wording

I'd have to look at the list to see what's what's allowed there yeah how about no that's true

Similar wording

sole proprietors are also permitted in in CA1 you agree with that

Similar wording

yes would you agree that financial services are also uh look you're you're reading from

Similar wording

the list of uses so obviously those are lists those are uses that are permitted in the CA1

Similar wording

zoning district okay i just want to make sure you agree with me on that um although ca1 as a zoning

Similar wording

district is really uh in terms of auto related commercial use uh is speaks to a previous time

Similar wording

in chestnut hill certainly okay um so it is a bit of a it is a holdover from an earlier time

Similar wording

but but those uses i just described are allowed are permitted in there but they

Similar wording

Those uses could also be permitted if the parcel was rezoned.

Similar wording

The city plan has a plan for the rezoning of the entire area.

Similar wording

It happens that CA1 was not proposed for rezoning.

Similar wording

Right, but all I'm trying to establish is there's other uses that this building could be used for which are permitted within the CA1 zone, correct?

Similar wording

Okay.

Similar wording

Okay. Now, you haven't submitted any engineering report indicating that this building has any structural issues, correct?

Similar wording

We have not done that. The west facade, as you just look at it visually, is that stone wall is, there's some curvature in that wall, if you look at it.

Similar wording

For Mr. McKeown, as we talked today, you don't have any engineering report about that.

Similar wording

And you have no document indicating that this building is in need of any type of structural repair, correct?

Similar wording

Correct.

Similar wording

And would you agree that this building could be adapted as is to residential use?

Similar wording

actually no um not because partially because of the uh fact that one wall one entire wall of the

Similar wording

building uh would not be able to have any new windows in it due to its proximity to the property

Similar wording

line not with any amount of protection or sprinkler system right but the building itself

Similar wording

there could be an adapter for use for this building we look at it to residential if one

Similar wording

wanted to go down that route we looked at it and in our in our view we could not make it work for

Similar wording

what we wanted to do right it's based on whatever based on whatever parameters you set up

Similar wording

based on many uh parameters let me if i can interrupt if i can interrupt ms mcewen when

Similar wording

When you looked at the potential of retrofitting this as residential units, how many units

Similar wording

were you looking at?

Similar wording

Well, we basically, at most, it would have been parts of two, two units, but we would

Similar wording

have had to go up through the roof, go out through the side.

Similar wording

We would have had to open up walls in ways and possibly go to a third floor to get the

Similar wording

amount of program and uh or amount of natural light into this into the building so in your

Similar wording

opinion you wouldn't be able to just take this building and create two apartment units as an

Similar wording

example not easily not within a uh not in a manner that would really make the development of the site

Similar wording

really uh work out with financially sorry henry i didn't mean to interrupt you no thank you mr

Similar wording

chairman but mr mckeon that's that's based on the parameters that that you set as to whether or not

Similar wording

you could get sufficient amount of units in there to make it economically worthwhile isn't that what

Similar wording

you're saying that's right okay that's a real that's a real parameter right but but could you

Similar wording

not add on to the back of the building or build above the building to make additional units

Similar wording

so if we build above the if we if we went through the roof of this we would have to build a steel

Similar wording

structure inside the building to support that. The roof and the walls will not

Similar wording

and the walls will not support any additional load even though they appear to be very strong

Similar wording

support any additional load even though they appear to be very strong.

Similar wording

there uh we could not use that that structure to go any higher uh and if we make openings in

Similar wording

those walls that's those would all have to be supported by a steel frame those openings

Similar wording

okay i have a lot of i have experience with other stone buildings where that's been the case

Similar wording

okay and you're aware that this building is in the chestnut hill national registry district

Similar wording

this building is among the 80 percent of the buildings in chestnut hill that are ranked

Similar wording

contributing that's 80 percent of the buildings have the same ranking as this building right so

Similar wording

i guess the answer is yes then the answer is yes but somebody previously said this was a

Similar wording

significantly contributing building that's misleading it is a contributing but not a

Similar wording

significant building on the national register but it is contributing that was my question just now

Similar wording

it is a contributing building just trying to for everybody else out there trying to put some

Similar wording

context into what contributing means and and also it's not on the local register and we do have a

Similar wording

demo. I think my questioning of Mission McEwen is complete. I'd like, well, you know what,

Similar wording

let me ask you a few more questions. One, bear with me.

Similar wording

so would you agree that there's really no unique physical circumstance or condition

Similar wording

that would warrant the ongoing use of this building because there's a because there's

Similar wording

an operating business in there now i'm not sure i understand your question sir what's well i think

Similar wording

you've already established that the building is well maintained it's being used and it's solid

Similar wording

so you'd have to agree that there's no unique physical condition of the building that would

Similar wording

not warrant its reuse i object i think he said the opposite no actually he did not i'm asking

Similar wording

a different question you're asking me if it's a well-maintained building i said yes but you're

Similar wording

saying in terms of its reuse for res first of all it's reuse for commercial we have to we look

Similar wording

mr o'reilly looks at that and he's already he's already stated the obvious which is that commercial

Similar wording

the physicality of the commercial corridor in germantown avenue is shrinking not expanding

Similar wording

and so there's no there's not a need for commercial use there's not a need for some

Similar wording

of those uses you described but there are is a dearth of housing available in chestnut hill and

Similar wording

northwest philadelphia in general that is well documented in fact has appeared in the

Similar wording

chestnut hill local immediately adjacent to neighbor uh articles about this building

Similar wording

so people want to live in chestnut hill they want to live close to the avenue we like the idea of them

Similar wording

being able to support restaurants shops take part in a pedestrian environment in a nice community

Similar wording

I appreciate the commentary, Mr. McKillen, but all I was trying to establish is, and I think you've already said it, there's no physical limitation on this building that warrants it being able to be reused either by Mr. O'Reilly or somebody else because it's been well maintained.

Similar wording

Well, again, it's proximity to the property line being a little over two feet away from the property line means that no additional window openings can be made onto that, into that building.

Similar wording

Right. That's for residential. I didn't ask that question.

Similar wording

All right. I have no further questions from Mr. McEwen. I have a few questions from Mr. O'Reilly.

Similar wording

Mr. O'Reilly?

Similar wording

yes i'm sorry hello mr o'reilly hello have you been sworn in

Similar wording

yes i believe i have yeah okay please proceed so mr o'reilly have you signed any listing

Similar wording

agreements with any realtor commercial or otherwise to try to market this building

Similar wording

no i have not okay and have you advertised this building on loop net or any other commercial

Similar wording

vehicle to try to sell this building my existing building no i have not okay uh do you have any

Similar wording

competitive market analysis indicating that this building uh is is not saleable

Similar wording

competitive market analysis no i do not okay

Similar wording

and you're continuing to operate a business in the building that's correct and if another

Similar wording

That's correct.

Similar wording

And if another company similar to yours or another retail establishment wanted to come in, they could use that building in its existing condition?

Similar wording

company similar to yours or another retailer?

Similar wording

I think that Larry identified earlier slides when we tried to look at what we could repurpose this building, the problems with that.

Similar wording

Number one, off the top of my head, was the parallel parking would have to go away because we don't have room for that, and that's grandfathered in.

Similar wording

So anyone coming in with a new use would have to utilize that, which means you'd have to put a driveway around the backside of it and go into that alleyway that is already congested.

Similar wording

Number two is we had an asbestos report done, and there's asbestos that's not only on the floors and the ceiling, but also attached to the stone on the inside of the plaster.

Similar wording

So anyone that had to come in and renovate that would have to deal with that, and that's in the tens, if not hundreds of thousands of dollars to remediate that.

Similar wording

While there is no structural plan I have that I work with in my business,

Similar wording

a number of structural engineers that I have had walk through and give me their opinions on that wall.

Similar wording

And one of those reasons why we are not comfortable with that is they're concerned about the structural integrity of that wall on the west side that's bowed,

Similar wording

if you physically go look at it.

Similar wording

Right. But Mr. Riley, Mr. McEwen already answered the question that you don't have any report from a structural engineer or otherwise indicating

Similar wording

that this building is not structurally intact.

Similar wording

No, I have no report.

Similar wording

I have no further questions for Mr. O'Reilly.

Similar wording

I just have one question.

Similar wording

Henry, if CVS or Walgreens were to pay you market rent

Similar wording

on a long-term lease, would you be adverse to that?

Similar wording

A retail space that was going to do that?

Similar wording

Yeah, if there was a viable retail market.

Similar wording

Yes, if there was a viable retail market, yes, I would be.

Similar wording

you're not against making money no i just would like a townhouse that i can live in

Similar wording

well that too but but you wouldn't want to make space and lose money if there's no market

Similar wording

well that would be silly i think i think so

Similar wording

mr clinton don't have any more questions all right um carl i have nothing further nothing further

Similar wording

all right um hold on a second um my question is to the sonographer does the sonographer need a

Similar wording

break i know we have a number of cases yet to finish on the two o'clock list if the sonographer

Similar wording

reads a needs a break please raise your hand or let tanya know uh sir i do not need a break thank

Similar wording

Thank you. Okay, thank you. All right. Henry, you have some witnesses?

Similar wording

Yes, I have one witness who is going to testify for a number of people in the interest of brevity

Similar wording

and time because there are a number of people who are on the call, and I don't think the board wants

Similar wording