civus
Hearing video

ZBA Hearing - February 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 23, 20224h 10m

on january 26th of 2022 this property owner is a known quantity in in this part of the city and to

Similar wording

the 32nd Democratic Ward. They embrace the situation of allowing for the increased density

Similar wording

to three units each, and because of that, there's a letter of non-opposition from the 32nd Democratic

Similar wording

Ward. Again, not uncommon to allow for triplexes on this block. Similarly, situated properties,

Similar wording

2031, North Carlisle Street is a triplex. 2036, North Carlisle Street is a triplex. 2038,

Similar wording

North Carlisle Street is a triplex. 2039 North Carlisle Street is a triplex. 2041 North Carlisle

Similar wording

Street is a triplex. 2043 North Carlisle Street is a triplex. And 2050 North Carlisle Street is

Similar wording

a triplex. Again we try to match apples to apples here so our request is not uncommon to what's

Similar wording

already on that block. Maps of the area as you can see this is a highly dense part of the city

Similar wording

Philadelphia, again, to help Temple University with housing for their students. That's why this

Similar wording

particular portion of the neighborhood, which is just off of Broad Street, is SPINS. We're also

Similar wording

uh is spins we're also surrounded by rm1 as well as cmx two and a half from a google maps

Similar wording

surrounded by RM1.

Similar wording

perspective you can see that we're just off of north broad street again in the heart of the uh

Similar wording

portion of you know for housing for temple students photographs of this block to the right of the

Similar wording

property to the left of the property and then our plans and drawings each one has their own site

Similar wording

plan as well as one combined floor plan but as you can see you know we are well within the

Similar wording

dimensional requirements of the zoning code that's why we have no dimensional variances

Similar wording

it's going to make this a little bit smaller we have sizable backyards we meet the rear yard

Similar wording

setback requirements and the height requirements all of these would be brick facades three-story

Similar wording

structures again this is 2046 and then 2048 all the site plans that were submitted to LNI as part

Similar wording

of this process and again just to quickly go through the floor plans again what we're trying

Similar wording

to do here is have you know again not load up this property with bedrooms uh to meet the you know

Similar wording

obviously we're not trying to do group living here we acknowledge that we're we are not allowed

Similar wording

more than three unrelated people uh so some students want their own bedroom some students

Similar wording

want uh to share bedrooms for cost efficiency purposes we gave that opportunity by having two

Similar wording

bedrooms and two baths for each of the units so you see each of the properties next to each other

Similar wording

each have first floor two bedrooms two baths that's you know number one and then if you look

Similar wording

at the second floor same type of floor plan two bedrooms two baths for the second unit

Similar wording

and two bedrooms two baths for the third unit

Similar wording

and then you'll see that you know we will be met with the community

Similar wording

we sent separate notices for each property

Similar wording

this is the notice that we sent for 2044 we met on january 26 at 2022 at 6 p.m here's our notice

Similar wording

of refusal we sent that notice to 115 addresses and here are the addresses

Similar wording

and so on and so on it's going to change up and just you know skip this just go to rd just to

Similar wording

show who the owner of the property is or properties as you can see it's north side rentals as well as

Similar wording

in Carlisle Street. And these are the deeds of the property.

Similar wording

And then our certificate of tax clearance, most importantly, showing that, you know,

Similar wording

my client Northside Rental LLC is in good standing with the city of Philadelphia as to all three

Similar wording

properties. With that being said, I'm going to stop sharing my screen. I could always share my

Similar wording

screen afterwards if needed. I have Mr. Al Saeed on the Zoom call. Mr. Al Saeed, can you virtually

Similar wording

raise your hand? Yes. Could you state your name and spell for the court reporter, please?

Similar wording

Omar Al-Sayed, O-M-A-R, last name A-L-S-A-Y-Y-E-D. Do you swear or affirm to tell the truth,

Similar wording

the whole truth and nothing but the truth. I do. Proceed. Thank you. Mr. Al-Said, you heard

Similar wording

everything I stated today. Yes. And is it true and correct? Yes. And do you adopt it as your own

Similar wording

testimony? Yes. Thank you very much. Questions from the board? No, Mr. Chairman. No, Mr. Chairman.

Similar wording

mr chairman questions from the virtual audience

Similar wording

i see no hands at this time chair planning commission

Similar wording

i'm gonna have to noon noon chairman members of the board ian litwin planning commission staff

Similar wording

the comprehensive plan recommends these properties for residential multi-family use

Similar wording

the current zoning present represents clear hardship preventing their reuse however if

Similar wording

preventing their reuse however if these lots were zoned rm1 the applicants will be allowed

Similar wording

If these lots were zoned RM1, the applicants would be

Similar wording

two units in each building three units are more than the minimum required to grant relief

Similar wording

so the city planning commission recommends the board grant the use finances

Similar wording

for all of the carlisle street properties but with a maximum of two units in each building

Similar wording

mi 2021 004756 2046 carlisle mi 2021 004750 2048 carlisle mi 2021 004 748 2044 carlisle

Similar wording

I vote yes.

Similar wording

Carol Tenere, my vote is yes on all three.

Similar wording

Thomas Holloman, my vote is yes on all three.

Similar wording

James Snell, yes to all three.

Similar wording

Ishmael Shaheed, yes to all three.

Similar wording

Tanya, do we need to put a proviso in to make sure it's limited to two bare rooms, as the planning commission stated?

Similar wording

i'm not i'm not sure they have to do the two bedrooms i think the issue would be

Similar wording

that the city code says no more than three people am i right and i think that's what the attorney

Similar wording

so that was the recommendation of planning commission however you all get to make that

Similar wording

determination and the chair decided not to so it's as you all wish uh yes mr chair that's correct

Similar wording

thank you

Similar wording

MI 2021-004-753-460 Lyceum Avenue

Similar wording

RCO letter of opposition Alan Nockamson

Similar wording

all right thank you Mr. Chair just state your name you've already been sworn

Similar wording

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

Similar wording

Alan, A-L-A-N, last name, Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia PA, 19109.

Similar wording

The vice chair has several questions.

Similar wording

Thank you.

Similar wording

Alan, do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

It appears that you have sent in all of the required documents. Is that correct?

Similar wording

That is correct.

Similar wording

okay you may proceed thank you thank you may i share my screen yes you may yes thank you

Similar wording

all right so i'm here to present 4460 lysum avenue in our presentation materials we'll go

Similar wording

over the notice of refusal the correspondence that we received from central roxborough civic

Similar wording

Association, permit number 289150, maps of the area, which includes the Atlas map as well as

Similar wording

the Google map to show where we are in Roxborough, photographs of the property in the surrounding

Similar wording

area, our plans and drawings, proof that we had a meeting with the coordinating RCO and the

Similar wording

community, as well as proof that we mailed notice of that community meeting to the affected

Similar wording

properties. Our application for appeal, our deed to the property, showing that Goldilocks

Similar wording

properties is the owner of the property, and our certificate of tax clearance showing that the

Similar wording

property owner is a good standing. On the line, I have a representative from the property owner,

Similar wording

Laura Feldman, who will adopt my testimony. So the notice of refusal. This is an RSA-3 property.

Similar wording

Even though this is an RSA 3 property and we're asking for two units, this property, if you look back at the zoning history, has been multi-units since 1975.

Similar wording

It's been a doctor's office on the first floor, and on the upper floor, it's been a residence.

Similar wording

Due to an unfortunate fire, the property had to go through significant structural improvements, and as part of that process, my client has desired to, instead of having a doctor's office there, put a residence there.

Similar wording

Pre-pandemic, she lost her tenant, the doctor's office there, and has been unable to get anyone who would be interested in making that a doctor's office.

Similar wording

Just a matter of background, my client purchased this property in 2014 for $170,000.

Similar wording

The Office of Property Assessment has this property assessed as fair market value of $181,400.

Similar wording

So her hardship here is that to require her to put a single family house here, which through no fault of her own is required under RSA three and prior to the fire, she had two units in there, like would be a significant hardship because she wouldn't be able to, to actually, you know.

Similar wording

would be a significant hardship because she wouldn't be able to actually handle all of the repair work in there.

Similar wording

It would decrease her value of her property significantly when she bought it for $170,000 as a multi-unit structure.

Similar wording

So all she's trying to do is really essentially swap out the commercial component with the residential component.

Similar wording

So the correspondence from Central Roxborough Civic Association, they did vote in opposition to this project. They did acknowledge that this property has been multi-unit for some time.

Similar wording

And, you know, if you look at the records since 1975, did acknowledge that there are some multifamily structures in this neighborhood, not a lot, but enough to show that it's not out of character and that we actually border a commercial corridor on Ridge Avenue, as you'll see from the photos, to help support that.

Similar wording

A couple other things to note, and we'll go through the maps, is that there's significant public transportation around there to allow for this density to be used.

Similar wording

So, again, our permit, this is 1981, this permit, but I did look on the city's website just before the hearing.

Similar wording

There's another permit in 1975.

Similar wording

So, for almost 50 years, this property has been used multi-units.

Similar wording

So it would be out of character to force my client, due to unforeseen circumstances, to revert it back to single family.

Similar wording

That would be a significant hardship, which would dramatically affect the fair value of her property.

Similar wording

Maps of the area.

Similar wording

So here's from an Atlas standpoint.

Similar wording

Again, we're just off of Ridge Avenue.

Similar wording

I think a better depiction is the Google map.

Similar wording

You can see that there is much, much commercial usage around here.

Similar wording

There's a shopping center, which I happened to go to recently, just randomly.

Similar wording

And I was like, oh, wait, this four-city Lycum is right here.

Similar wording

But, you know, there's a UPS store, a Starbucks, a diner, an Acme, multiple bus lines.

Similar wording

There's the 9, the 32, the 27, the 35.

Similar wording

So, you know, something like this, from a planning perspective, to support a commercial

Similar wording

corridor like this is not uncommon to increase have increased densities for multifamily use

Similar wording

photographs of the property again it's it's a three-story structure um all we're trying to do

Similar wording

is literally swap out the commercial component with residential you know like them avenue to

Similar wording

the right of the property to the left of the property and again if you can see on that block

Similar wording

There is a nearby triplex. We're not trying to do a triplex. We're just trying to do a duplex, but 471 Lycombe Avenue is a triplex.

Similar wording

And then just our plans and drawings, I'm just going to decrease the size so we can all see it on the single page.

Similar wording

But again, a couple things to note. My client has no living in the basement, has no desire to have living in the basement.

Similar wording

All she wants to do is convert that first floor, that was a doctor's office, into a two-bedroom, one-bath unit, and then basically rehabilitate the second unit, which is on the second and third floors, which will also be a two-bedroom, one-bath.

Similar wording

and again our notice that we had sent to the affected properties

Similar wording

but you can see that we met on January 6, 2022 at 7 30 p.m. for this property 460 Lycombe

Similar wording

street avenue there are 99 properties which were deemed effective properties by the city planning

Similar wording

commission these are the addresses of these properties and this is our proof of mailing

Similar wording

our application for appeal to the zba

Similar wording

along with our project information form,

Similar wording

and then our deed to the property,

Similar wording

showing that Goldilocks Properties LLC

Similar wording

is the owner of the property since 2014,

Similar wording

when they purchased it for $170,000.

Similar wording

And then our certificate of tax clearance

Similar wording

showing that they're in good standing

Similar wording

with the city of Philadelphia.

Similar wording

With that being said, I believe that Ms. Feldman is on the line. I would ask for her to virtually raise her hand. Now, I know that she's had connectivity issues, so I'm not 100% sure if she's on, but I did talk to her beforehand.

Similar wording

With that being said,

Similar wording

I believe that Ms. Feldman is on the line.

Similar wording

Any hands up?

Similar wording

Chair, I see no hands at this time.

Similar wording

Okay, Alan, you're moved to the court.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Alan, what condition is the building in now?

Similar wording

So fire issue?

Similar wording

Honestly, she's waiting for the board to decide.

Similar wording

But right now, it's standing.

Similar wording

It's a shell.

Similar wording

And the other thing is the lot's over 3,000 square feet, just, you know, just to put that in perspective.

Similar wording

So she's just waiting for the board to decide this issue before she, you know, does the building, gets a building permit, obviously.

Similar wording

Questions from the virtual audience or comments?

Similar wording

Chair, we have someone by the name of Ms. McCarthy.

Similar wording

Ms. McCarthy, you can unmute yourself and wait for the chair.

Similar wording

Ms. McCarthy, state your name and spell it for the court reporter, please.

Similar wording

Mary T. McCarthy, M-C-C-A-R-T-H-Y.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed.

Similar wording

I've been a resident here for 70 years.

Similar wording

It has been single for practically most of our time living here.

Similar wording

We have already a problem of parking here.

Similar wording

if they put it in two that means really four more parking spaces because people from the area

Similar wording

come to this street and get the bus into center city every day so they come at 6 30 7 o'clock

Similar wording

they will not come back until 6 30 or 7 so if i for instance i happen to be 96 years old

Similar wording

if i would go on an urn there is no parking spot or if i go to my church which is 7 a.m

Similar wording

When I come back, there is not a spot and those cars do not move until the people come out to work.

Similar wording

So there is a major problem here.

Similar wording

And I believe that it should not be put in with two families because that would be at least four more parking spots that we don't have right now.

Similar wording

So that's my objection to it being to two.

Similar wording

Since I came here, it has always been doctor's offices with one person living there.

Similar wording

Thank you, Mrs. McCarthy, for calling in.

Similar wording

Thank you very much.

Similar wording

Any other questions or comments from the virtual audience?

Similar wording

Chair, I see no hands at this time.

Similar wording

Planning Commission.

Similar wording

Good afternoon, Chairman, members of the Board,

Similar wording

Ian Litwin, Planning Commission staff.

Similar wording

The comprehensive plan recommends no change

Similar wording

to the residential single family zoning of this property.

Similar wording

However, given the location and history of this property,

Similar wording

the Planning Commission recommends that the Board

Similar wording

grant the variance for two dwelling units.

Similar wording

mi 2021 004 753 460 lyceum avenue i vote yes carol tenary my vote is yes

Similar wording

thomas holland my vote is yes james snell my vote is yes ishmael shaheed my vote is yes

Similar wording

Thank you. Thank you. Thank you. MI 2021-004814, 5558 Carlson Street, RCO 12th Ward, Democratic

Similar wording

Letter of Support, Councilwoman Bass, non-opposition. Charbonne and Kenyatta Anderson.

Similar wording

Charbonne, and Kenyatta Anderson.

Similar wording

Are there any hands up?

Similar wording

Yes, and they're coming in now as a panelist.

Similar wording

Thank you.

Similar wording

hello good

Similar wording

can you guys hear me yeah i can state your name and spell for the court reporter

Similar wording

my name is charbonate anderson first name c-h-a-r-b-o-n-e anderson a-n-d-e-r-s-o-n

Similar wording

and you're going to do the testifying yes okay do you swear or affirm to tell the truth

Similar wording