civus
Hearing video

ZBA Hearing - February 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 28, 20247h 19m

we are maintaining all the existing parking area.

Similar wording

That's where the landscape refusal comes in.

Similar wording

In order to remove the refusal,

Similar wording

we would have to decrease parking count.

Similar wording

While parking is not required here,

Similar wording

it was a major ask of the community

Similar wording

and in its existing non-conforming condition.

Similar wording

The other primary variance that we're asking for is height.

Similar wording

So if we just go back to the front,

Similar wording

the height of the building is driven by the existing height of the building.

Similar wording

And we made the upper stories as minimal as possible

Similar wording

while keeping with today's industry standards

Similar wording

in order to lower that as much as we could

Similar wording

while maintaining the required viable program for the project.

Similar wording

i'll leave it at that for now thank you roston i think with that we can turn it over if there's

Similar wording

any questions thank you questions from the board no mr vice chairman no vice chair questions from

Similar wording

our attorney hillary emerson i just wanted to verify with miss mcgania you said two pages of

Similar wording

revised plans correct all right thank you uh any questions from the virtual audience

Similar wording

i see no heads at this time vice chair planning commission thank you vice chair and good afternoon

Similar wording

or good evening david effecta with the city planning commission uh chairman and board members

Similar wording

the comprehensive plan recommends a change in zoning at this location from commercial mixed

Similar wording

use two to commercial mixed use three cmx three would allow an increase in height on the proposed

Similar wording

parcel and the proposed equipment and materials storage yards and buildings is incidental to the

Similar wording

proposed use of the property. Regarding the landscaping and screening variances, the appellant

Similar wording

has not taken advantage of a waiver that the Planning Commission can provide in lieu of the

Similar wording

proposed landscaping and screening variances. So those variances are not strictly necessary.

Similar wording

The City Planning Commission recommends that the board grant their proposed use variants for

Similar wording

equipment and materials storage yards and buildings and the proposed variance for maximum height

Similar wording

but denied the proposed variances from the landscaping and screening requirements in the

Similar wording

zoning code okay if i can very quickly just respond to that so the screening requirement

Similar wording

specifically relates to a landscaping buffer along carlisle street it was very important to

Similar wording

the community in the situation that we maintain the existing parking that is accessory to this

Similar wording

project as we move forward they are expecting that parking becomes a demand and parking is not required

Similar wording

with development um the the other landscaping waiver variance relates to a tree within the

Similar wording

existing courtyard of the property we have taken care to make sure that we are providing the

Similar wording

required number of street trees while also maintaining parking conditions along carlisle

Similar wording

street thank you uh hillary do we need anything in green minnesota or we have everything um we

Similar wording

we now have everything um mr reyster thank you thank you okay i'm going to vote on this

Similar wording

uh mi-2023-004813 1200 south broad street uh my vote is yes with provisos

Similar wording

revised plans two pages stand by zba on february 28th 2024

Similar wording

my vote is yes with proviso

Similar wording

james snell my vote is yes with proviso

Similar wording

thank you thank you number 12 mi-2023-006-946-800 south 12th street

Similar wording

Vern Anastasio.

Similar wording

Vern Anastasio is coming back in as a panelist now, Vice Chair.

Similar wording

Thank you.

Similar wording

Good evening, Mr. Chair.

Similar wording

Good evening.

Similar wording

Vern, you've already been sworn in.

Similar wording

Just state your name for the record and then.

Similar wording

Vern Anastasio.

Similar wording

2016 Spruce Street on behalf of

Similar wording

Ms. Melanie Dupree

Similar wording

you swear to tell the truth the whole truth nothing but the truth yes sir uh mr holliman

Similar wording

Is this the way to tell the truth, the whole truth?

Similar wording

Nothing but the truth

Similar wording

Yes sir

Similar wording

has a few questions to ask good afternoon council do you agree to waive the reading of the refusal

Similar wording

and stipulate to his accuracy yes sir did you email all of the exhibits and documents as required

Similar wording

five days in advance to this hearing yes sir thank you please proceed and share your screen

Similar wording

800 south 12th street the application is for our coffee house cafe sort of a prepared food shop on

Similar wording

the first floor of an existing structure uh this is a referral which as the board knows but for

Similar wording

the record our proposal is considered consistent with the code so long as we can demonstrate that

Similar wording

the use will not cause an impact any more than a similarly situated uh cafe would uh and in this

Similar wording

particular case this is in the hawthorne neighborhood my client owns the property

Similar wording

here's uh let's get down to um the layout here is the um uh corner entrance we've got three or four

Similar wording

tables this is a coffee shop like any other coffee shop in in many neighborhoods strangely enough

Similar wording

Hawthorne doesn't really have any coffee shops for the most part, and this is at the corner of 12th and Catherine Street, right across the street from Hawthorne Park, which is a large green space that was installed after the revitalization of that particular neighborhood by Universal and Kenny Gamble with the residential development there.

Similar wording

This property is not part of that development, but it is adjacent and across the street from that park.

Similar wording

This is the front of the property with the entrance on the corner to the cafe.

Similar wording

On the side, you have the space for the residential units.

Similar wording

units. This is the Catherine Street frontage and the rear elevation where there's a parking

Similar wording

pad and trash storage. I'm going to pull out a little bit here and share with you some

Similar wording

photos. That's a brand new rehab. This used to be a vacant lot. The property was built

Similar wording

from the ground up and that's where the trash goes here's the interior of the first floor

Similar wording

everything is brand new all new fixtures we met with the neighbors all of these addresses were

Similar wording

mailed here's the two-page letter that went out to everybody uh the hawthorne empowerment

Similar wording

coalition, HEC, conducted the meeting, 123 individual households were mailed, and they

Similar wording

have, I'm going to stop sharing this, and they've already sent over a letter of support,

Similar wording

and I have that here.

Similar wording

If you give me a minute, I'll be able to show you.

Similar wording

Okay.

Similar wording

Hathorn Empowerment Coalition gave a letter of support for the coffeehouse.

Similar wording

They also sent a letter for the outdoor seating, which is not part of this proposal.

Similar wording

But with that, I'm going to ask my client, Melanie Dupree, to raise her virtual hand.

Similar wording

If she's still with us.

Similar wording

She did log on at two o'clock.

Similar wording

What's your client's name, Mr. Anastasio?

Similar wording

Last name is Dupree.

Similar wording

First name, Melanie.

Similar wording

dupree has been unmuted and allowed to speak great good afternoon good afternoon ma'am can

Similar wording

you please state your name and spell it for the uh record

Similar wording

mr pre it looks like

Similar wording

it looks like she's disappeared vice chair

Similar wording

melody dupree can you raise your hand again please

Similar wording

there she is she's been unmuted and allowed to speak vice chair

Similar wording

mr pre can you please state your name and spell it for the court reporter please

Similar wording

Melanie Dupree please unmute yourself

Similar wording

sorry Melanie Dupree m-e-l-a-n-i-e d-u-p-r-e-e thank you do you swear to tell the truth the

Similar wording

whole truth and nothing but the truth I do proceed counsel thank you Mr. Chair Ms. Dupree did you hear

Similar wording

my presentation to the board this evening yes i did is it true and accurate to the best of your

Similar wording

knowledge yes it is and do you adopt it as your own testimony yes i do thank you i have nothing

Similar wording

further mr chair thank you uh council questions report no mr vice chairman no vice chair questions

Similar wording

from our uh attorney hillary forson not at this time mr vice chair questions from the virtual

Similar wording

audience vice chair we have a wu bet halu they have been abuted and allowed to speak okay

Similar wording

good afternoon oh no no just saying thank you i was trying to get um miss melanie's uh

Similar wording

attention but that was never mind okay no problem thank you anybody else in a virtual audience

Similar wording

we have no other hands at this time chair thank you commission thank you vice chair and good

Similar wording

evening david effecto with the city planning commission vice chairman and board members the

Similar wording

comprehensive plan recommends no change to the commercial mixed use zoning at this location

Similar wording

the appellant has shown that the proposed prepared food shop will have no detrimental impacts beyond

Similar wording

what might be expected the city planning commission recommends the board grant their

Similar wording

proposed special exception for a prepared food shop okay

Similar wording

in my dash 2023-006-946-800 south 12th street my vote is yes

Similar wording

Thomas Holloman

Similar wording

my vote is yes

Similar wording

James Snell

Similar wording

my vote is yes

Similar wording

thank you

Similar wording

number 15

Similar wording

MI-2023-006

Similar wording

943

Similar wording

3105 North 16th Street

Similar wording

Allen-Occamson

Similar wording

Vice Chair Alex Goldberg

Similar wording

has been promoted to panelists

Similar wording

good evening mr vice chairman is this going to be goldberg or knockamson i have knockamson on my

Similar wording

paperwork uh it's going to be me tonight okay no problem uh so uh do you can you please state

Similar wording

your name and spell it for the report reporter please sure alex goldberg of knockamson pc a-l-e-x

Similar wording

g-o-l-d-b-e-r-g and you swear to tell the truth the whole truth and nothing but the truth

Similar wording

i do uh can you please identify a client sure my client is s-l-c real estate llc and its

Similar wording

representatives shati and stacy cooks are in the virtual audience thank you counsel uh do you agree

Similar wording

to waive the reading of the refusal and stipulate to its accuracy i agree to waive the reading i

Similar wording

would stipulate to its accuracy we are submitting proviso plans and agreeing to reduce the density

Similar wording

that's proposed but i can go over that when we get to that exhibit all right have you emailed

Similar wording

in all the required documents and exhibits that is needed to proceed with this case five days in

Similar wording

advance of this hearing? I have. Thank you. Please repeat and share your screen. Okay.

Similar wording

All right. Again, my name is Alex Goldberg of the law firm Nockamson, D.C. I'm here presenting for

Similar wording

3105 North 16th Street. My client, Mr. Cooks, grew up at 16th and Allegheny, right around the

Similar wording

corner from this property. As you can see on your screen, it's in pretty bad disrepair

Similar wording

at this point. We're hoping to significantly improve this property and for use as a two-unit

Similar wording

dwelling. When we initially applied for this zoning permit application, it was for a three-unit

Similar wording

it was for a three-unit dwelling as you'll see on the refusal after discussing with the owners

Similar wording

dwelling as you'll see on the refusal

Similar wording

after discussing

Similar wording

and the architect we we decided to to lower the density to lessen any any impact on parking or

Similar wording

trash or just general density in the area and further the the density that we're asking for

Similar wording

is not out of character as you'll see in my presentation materials so here's the table

Similar wording

of contents we have a notice of refusal we received support from the coordinating rco

Similar wording

allegheny west civic association exhibit three is those revised proviso form and i'll note that

Similar wording

there aren't any specific changes to the building structure but there was reference to a triplex on

Similar wording

the initial submission to l and i that reference has now been changed to a duplex so just to make

Similar wording

sure that this was tidy we've included those revised plans exhibit four is some nearby

Similar wording

multi-family variances this is an rsa3 property but there are many multi-family properties

Similar wording

on our block including a a multi-family structure attached to us right next door

Similar wording

exhibit five is a zoning map six is photos of the property and the surrounding area seven is

Similar wording

architectural materials and eight is the rco meeting notice which we mailed in compliance

Similar wording

with the city's requirements and then the application for appeal the deed to the property

Similar wording

and the certificate of tax clearance so here's the refusal you can see in the middle of the page

Similar wording

in addition to the proposed use here which we are agreeing to reduce to two units this

Similar wording

application includes in addition to the second and third floor rear of the property the first

Similar wording

floor rear wall will remain where it is and we're seeking to square it off with the first floor

Similar wording

So you'll see two refusals, the first one being for the use.

Similar wording

Again, we are agreeing to reduce the density, which was supported by the RCO, to two units.

Similar wording

That second refusal changes subsequently, as there's a one-to-one parking ratio in RSA 3.

Similar wording

So going down to two units would lessen the requirement to two parking spaces.

Similar wording

I'll note that only one property on this block has accessory off-street parking,

Similar wording

so it would be out of character to have that additionally when you see the photos you'll

Similar wording

notice that we are attached on both sides the the only you know real opportunity for

Similar wording

off-street parking I guess would be in the existing front yard that would remove green

Similar wording

space it would also require the addition of a curb cut taking away public parking and

Similar wording

a massive tree that's at the front of our property that sort of sits right in front

Similar wording

um here's our letter of support we met with allegheny west civic association on february

Similar wording

20th there were about a dozen people there the conversation was positive there were requests

Similar wording

for specific provisos which are on the next page which i will go over and you can see that

Similar wording

essentially eight to one was voted in support of this project here is a letter sort of recapping

Similar wording

the meeting, what we discussed. And further here, I'll note that specifically, we agreed to

Similar wording

commercial trash pickup. We agreed to garbage disposals in the units, as well as the installation

Similar wording

of Jacob's Ladders in the upper level unit. Here is the proviso plan form, referencing again the

Similar wording

reduction in unit count from three to two while keeping the building structure the same.

Similar wording

This is that site plan. You'll see it again later in my presentation. I would just direct

Similar wording

your attention to the side. That was previously a reference to a triplex, change it to a

Similar wording

duplex, and that's the sort of gist of these revised plans. Okay, here's exhibit four. It's

Similar wording

a list of screenshots of nearby multifamily variances in the last few years, the majority

Similar wording

of which are on North 16th Street.

Similar wording

You'll see threes and fours, some larger.

Similar wording

Again, we're just seeking two units.

Similar wording

This is our next door neighbor at 3103, which obtained relief from this board in 2021 for

Similar wording

a four-unit dwelling and so on.

Similar wording

so there is a mixed character of uses on this block as well as closer up on allegheny ave

Similar wording

and other parts of 16th street nearby here's a zoning map we have quite a large parcel here

Similar wording

we abut a public park at the rear here's a google maps perspective you know we're close to bus route

Similar wording

60 and two and you know of course close to the allegheny um broad street line which is a you

Similar wording

which is a you know a great transportation asset for those that live in walking distance which

Similar wording

a great transportation asset for those that live in walking distance, which

Similar wording

future tenants of this building hopefully will here's some photographs this is the front of the

Similar wording

property you know we're it's a it's actually a beautiful structure it's got a nice mansard roof

Similar wording

classic red brick some interesting brick work so we're hoping to kind of restore this property to

Similar wording

its former glory our notice posting here's to the right of the property i'll note that there is

Similar wording

parking available on both sides of the street our architectural plans and drawings so what you see

Similar wording