civus
Hearing video

ZBA Hearing - June 5, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 5, 20245h 26m

this project and which are not out of character to the neighborhood and the surrounding properties

Similar wording

And we'll review the revised refusal in that respect. Then we'll review the letter of support we received from the United Francisville Civic Association, which memorializes the approval that we received from the community.

Similar wording

and what we're asking for for the remaining refusals not of character to the neighborhood

Similar wording

and you'll see a nearby recently granted variance with regards to lot size which is comparable to

Similar wording

the refusal that we're seeking today then we'll review maps of the area photographs of the property

Similar wording

in the surrounding area we do have the original architectural plans and drawings but then we also

Similar wording

of the revised ones. Our RCO meeting notice for the last community meeting we had along with proof

Similar wording

of mailing of that notice. Our application for appeal that we filed. The deeds of the property

Similar wording

as well as the agreement of sale showing that DECO Collective is the equitable owner of this

Similar wording

property by way of the agreement of sale that's been introduced into the record. And then the

Similar wording

certificates of tax clearance for these two properties at 743 and 747 Capitol Street.

Similar wording

And at the conclusion of my presentation, I would ask that Mr. Silva virtually raise his hand,

Similar wording

be sworn in, and I have a few questions for him. So we're taking two lots at one at 743 and one

Similar wording

at 747 North Capitol Street. We're consolidating them and we're reconfiguring it to four single

Similar wording

family homes. And we had several refusals in the beginning. First of which is we have front-loading

Similar wording

garages, which, you know, which would, you know, generate a refusal. It's not of character to have

Similar wording

front-loading garages and off-street parking here. There's actually off-street parking on the

Similar wording

single-family, on these single-family lots. And there was no parking allowed on this street at

Similar wording

all on capital so we're not taking any way away any um on-street parking and someone who lives

Similar wording

nearby you know i i'm appreciative of the fact that we're taking cars um off of the street by

Similar wording

way of this front-loading garages um so that's going to help the parking situation which is in

Similar wording

you know a situation throughout the city of philadelphia including francisville and the

Similar wording

amount areas. The other refusals has to do with the lot size. Oh, by the way, there is an error

Similar wording

in the refusal. The minimum lot size required is not 960 degrees. That was an error. It should be

Similar wording

1,440. There's an exception to the zoning code, which does not apply under these circumstances,

Similar wording

so I just want to note that in the record. But we're proposing 907 square feet of lot size

Similar wording

essentially per lot. Not out of character, the property next door to us was equally subdivided

Similar wording

in a similar fashion. So it's not out of character to have lots of this size in the neighborhood,

Similar wording

and which have been recently approved by the ZBA. The second refusal had to do with the rear yard

Similar wording

setback. Under the code, we were required to provide nine feet where three feet were proposed.

Similar wording

really wasn't it was more of a technical refusal we had a second floor uh we had the deck coming

Similar wording

out of the second floor which was 12 feet uh long we have a really a 15 foot um rear yard setback

Similar wording

from the actual back of the building structure um but because of the deck um that was you know

Similar wording

on the second floor that was considered as a part of the occupied area and not part of this setback

Similar wording

as well but we got we we kind of swapped it out we made the rear yard deck a lot shorter and you'll

Similar wording

see that in our updated drawings but because of how we shortened the rear deck um we had to create

Similar wording

steps which created another technical refusal regarding rear yard setback building height

Similar wording

we were at 41 feet six inches and uh we you know the code requires 38 feet

Similar wording

We were at 41 feet, 6 inches, and, you know, the code requires 38 feet.

Similar wording

3.

Similar wording

3.

Similar wording

We eliminated that refusal.

Similar wording

We reduced the height of the building to 38 feet.

Similar wording

And the roof deck sat back on the front.

Similar wording

We had it 4 feet, 4 inches, where 5 feet was required.

Similar wording

We also got rid of that refusal.

Similar wording

So these are the only – this is the new updated notice of refusal.

Similar wording

We have still the front-loading garages.

Similar wording

Again, not out of character for the neighborhood. There's no parking allowed on that street. And there's parking right off street parking right now for this property. Second refusal has to do with the deck while we shortened the size of the deck from essentially 12 feet to I think it was like three feet.

Similar wording

Because of how the steps are configured and hugs the back of the lot, we have a refusal for those steps.

Similar wording

And then the third refusal still has to do with the lot size.

Similar wording

Again, not out of character based on something the board has reviewed in the past and approved.

Similar wording

And this is our letter.

Similar wording

We will receive authorization to get this updated refusal and thereby amend this zoning appeal.

Similar wording

And that was the authorization letter we received from this board.

Similar wording

And then we had, you know, again, a very good meeting, multiple meetings with the community.

Similar wording

And at the last meeting where a vote was taken, there was overwhelming support for this project.

Similar wording

And then to kind of show this comparison, at 739 North Capitol Street, which is literally next door to us,

Similar wording

you can see that the lot size is 900 square feet, and that was approved by the ZBA by way of this zoning permit here,

Similar wording

where there was two lots that were created, but one existing one with two single families.

Similar wording

so the area again this is fairmont avenue here we're not trying to increase density in the

Similar wording

sense of multi-family we're trying to create single family houses that where people can stay

Similar wording

in the neighborhood have enough you know rooms you know to raise their families like again

Similar wording

i raised my family in fairmont um you know and i think there's an opportunity uh for this type

Similar wording

of housing to encourage more people to stay in in the francisville fairmont area as well as

Similar wording

to move into the francisville fairmont avenue as well

Similar wording

and then photographs of the property as you can see there's off-street parking that's already

Similar wording

allowed for this property so what again not out of character to have continued off-street parking

Similar wording

by way of each of these single family structures these are proof of posting for the two properties

Similar wording

of today's hearing. And then as you can see, this is actually that back of the houses on

Similar wording

Corinthian Street, but essentially all the houses on Corinthian Street use Capitol Street as their

Similar wording

rear access for their garages. And then there's multiple forms of parking here as well on North

Similar wording

Capitol Street on our side, but there's no parking allowed at all on the street here.

Similar wording

So, and then this is the, this is the structure that was approved by the ZBA, where this was

Similar wording

originally one property that was subdivided into two. Allen, they're both single homes too?

Similar wording

Yeah, they're both single homes too. That's right. Exactly the same. We're mimicking

Similar wording

completely the same. I think our architecture is a little bit nicer, but yeah.

Similar wording

So the revised plans are this, right? So in terms of the height, right, we wanted to go higher,

Similar wording

but what we did was a staggered approach this is a little over 30 feet high the the the front

Similar wording

cornice line and then it goes a little bit further back you know where there's a front deck

Similar wording

and that's at this at the roof line is 38 feet we wanted to do 41 feet but the community was

Similar wording

against that and you know we we said fine we're not going to do that um but you can see here it's

Similar wording

a very interesting architectural design staggered to you know most of the people are walking by

Similar wording

they're going to look at this as the front corners line they're probably not even going to see this

Similar wording

area here and again we try to make it well lit we try to activate it as much as possible

Similar wording

in terms of lighting and color palettes the type of bricks we're going to use are like brick screen

Similar wording

for where it is above the actual entryway to provide some light in there. Red brick, just in

Similar wording

general, the traditional Philadelphia red brick. The first floor will be slate tile. And again,

Similar wording

just nice lighting and landscaping as much as possible. And then this is just the example to

Similar wording

And then this is just the example to the interiors that this developer has used in the past.

Similar wording

the interiors that this developer has used in the...

Similar wording

He developed something on Uber Street, which is not far from here, in a similar fashion and turned out very nice as well.

Similar wording

And then you can see here just again the changes to our plans.

Similar wording

Again, we did this by way of, oops, we did this by way of authorization.

Similar wording

So there's no reason to do any provisos.

Similar wording

but the height was changed to 38 feet for the roof line.

Similar wording

The front decks, the setback on the front decks

Similar wording

were changed to five feet, which is as of right.

Similar wording

You can see here too, indication that we changed

Similar wording

the height of the property from 41 feet,

Similar wording

six inches to 38 feet front and back.

Similar wording

you can see also here the front setback we changed from four feet four inches to five feet in the

Similar wording

front you can also see the changes we made in the rear so instead of having a rear deck on the

Similar wording

second floor of 12 feet from the back of the building structure going towards the back of

Similar wording

our property it's more like a three feet a little more than three maybe it's five feet but like it's

Similar wording

enough to put a grill up there and you know we have steps leading down there and this is where

Similar wording

our technical refusal is is our steps how they are you know the turn um technically hugs back

Similar wording

for our property that's where we're dealing with issues with the rear yard setback but that's more

Similar wording

technical alan do you have a rendering of the rear i i do not okay all right i do not okay

Similar wording

so how far does that go back down uh i think it's like five feet if that is everything as

Similar wording

rights like you know and by the way we're the the so our property the rear of our building structure

Similar wording

to the rear to the rear property line is 15 feet so our deck is saying five feet even so that's 10

Similar wording

foot setback okay then the next building structure behind us is eight 18 feet setback so you know so

Similar wording

So we met with the RCO on April 10th and the community on April 10th, 114 addresses were notified of our meeting.

Similar wording

These are the list of the addresses, proof of mailing to those addresses, our application for appeal.

Similar wording

And then finally, the deed showing that Mr. Weinhart is the owner.

Similar wording

and then our agreement of sale

Similar wording

as well.

Similar wording

And then finally,

Similar wording

our tax clearance certificate for both properties.

Similar wording

So with that being said,

Similar wording

I would ask that Mr. Silva virtually raise his hand.

Similar wording

They've been allowed to speak.

Similar wording

Mr. Silva, could you please state your name

Similar wording

and spell for the stenographer?

Similar wording

Yes, Jonathan Silva, J-O-N-A-T-H-A-N-S-I-L-V-A.

Similar wording

You swear or affirm to tell the truth, the whole truth, nothing but the truth.

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Yes, Mr. Silva, you heard everything I had to state today about your zoning matter.

Similar wording

Yes.

Similar wording

Is it true and correct?

Similar wording

Yes.

Similar wording

And do you adopt as your own testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Yes, Mr. Chair.

Similar wording

I have a Carolyn Steinberg with their hand raised.

Similar wording

I've allowed them to speak.

Similar wording

Sure.

Similar wording

Hi, could you please state your name and spell for the court stenographer?

Similar wording

my name is carolyn steinberg c-a-r-o-l-y-n steinberg s-t-e-i-n-b-e-r-g you swear or affirm

Similar wording

to tell the truth the whole truth nothing but the truth i do are you a neighbor i am yes please

Similar wording

proceed this is 718 north 20th street okay block but my backyard shares a backyard with the block

Similar wording

they are building on okay thank you please proceed um yeah so i have i guess a few points

Similar wording

i'll try to be as concise as possible um as ellen mentioned he did come to our neighborhood at two

Similar wording

meetings the first meeting was in february we were able to do a lot of outreach prior to that

Similar wording

meeting there were 38 attendees and they voted overwhelmingly against the project only found out

Similar wording

Only found out later that it was an unofficial vote, that there had been some miscommunication between the ZBA and the developer.

Similar wording

later that it was an unofficial vote, that there had been some miscommunication between

Similar wording

And so when they sent their second letter, it was identical, as you saw, very small print.

Similar wording

And a lot of people that attended that first meeting as concerned neighbors didn't show up to the second meeting because they thought it was a duplicate notice that they had already voted on.

Similar wording

so they didn't realize that they had to show up a second time to do it on the project.

Similar wording

Also, as a neighbor, I watched this happen directly across the street from me.

Similar wording

I moved in in 2015, and both sides of my block and Capitol Street were all the 1980 workforce

Similar wording

housing homes that are essentially one floor from street level, if you're looking at it from the

Similar wording

outside. And I watched as developers pushed out the existing long-term neighbors on the other

Similar wording

side of my street to build very large condo buildings. And so this attempt to do two single

Similar wording

family homes on a single lot is an end run around the zoning overlay that was put in place

Similar wording

to directly combat this type of development and sort of ignores the fact that continuing to allow

Similar wording

these larger homes to be built directly next to these smaller existing homes severely reduces

Similar wording

the livability of the existing home for the existing occupants while also increasing the

Similar wording

incentive for developers to continue trying to get current residents to leave their homes for

Similar wording

these payouts and then build homes that current residents could not afford. The price point set

Similar wording

is closer to a million dollars, whereas you could buy the existing homes for $4.50.

Similar wording

That is, of course, an inflated COVID price.

Similar wording

And then the other point that I felt important to bring up was the project that got approved

Similar wording

in 2021 was in the height of COVID where we only had virtual online meetings, and it was

Similar wording

a lot more difficult to get neighbors to show up.

Similar wording

It was harder for older neighbors that weren't as good as with technology to join those

Similar wording

meetings.

Similar wording

so that project did pass but it had less involvement from the neighbors um i think

Similar wording

those are my main points i don't want to take too much no no no thank you thank you for your call we

Similar wording

we understand your point of view is there anyone else in the room yeah

Similar wording

why don't we see if there's anyone else okay uh is there anyone else in the virtual audience

Similar wording

no further hands mr chair please proceed alan all right um so my understanding there was no

Similar wording

vote taken at the first meeting instead we asked you know for an opportunity to make additional

Similar wording

changes based on comments from that first meeting and there were i think 36 individuals that

Similar wording

attended the second meeting so it was a well-attended meeting in terms of the effect on

Similar wording

properties on 20th Street, the rear of our building structure, the distance between the

Similar wording

rear of our building structure and the rear of the building structure on 20th Street that's behind

Similar wording

us is 30 feet. We're not trying to push anyone out. And in terms of that project to the right

Similar wording

of us that was approved by the CBA, I believe, because I did look at the letter, I believe there

Similar wording

were like anywhere from I think 15 to 20 people that attended that meeting which was approved by

Similar wording

the community and there were discussions just like ours where you know you you make proposals

Similar wording

you make concessions and you make compromises that the community feels comfortable with and

Similar wording

just like that process we had the same process where we and then we ultimately received

Similar wording

overwhelming support. Thank you. Okay. Thank you. Planning Commission.

Similar wording

Thank you. In 2018, the zoning map was amended from RM1 residential multifamily to RSA5

Similar wording

residential single family with the support of the community. There is no unique physical

Similar wording

circumstance or condition that prevents the property from being used as zoned. The planning

Similar wording

Commission recommends that the Zoning Board deny the variances. Okay. MI 2023-007-096-743

Similar wording

North Capitol Street. I vote yes with proviso per amended refusals dated 5-14-24.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording