civus
Hearing video

ZBA Hearing - May 20, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 20, 20266h 4m

Could you please state your name as spelled for the sign?

Similar wording

My name is T-I-N-A, last name Smith, S-M-I-T-H, hyphen love.

Similar wording

Okay.

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

Are you a neighbor?

Similar wording

Yes.

Similar wording

And my mother is on that block as well.

Similar wording

Hold on.

Similar wording

Hold on.

Similar wording

Are you in favor of this or against it?

Similar wording

Against it.

Similar wording

Is there anything you can add that you haven't heard?

Similar wording

I just want to add the capacity of the space.

Similar wording

Dakota Street is a very small street.

Similar wording

um it's all two-story properties on that block the original properties are two stories like

Similar wording

uh my neighbor said we all been on that block for over 30 years and the congestion i sent you photos

Similar wording

of the opposite side of the street on dakota street where uh the representative attorney

Similar wording

was speaking about they're building house apartments on the opposite side of the block

Similar wording

So where's everybody going to park?

Similar wording

The concerns are the trash, increased trash, lack of parking.

Similar wording

Ms. Love, I think we've heard testimony about the parking and the trash from the three people prior.

Similar wording

Okay.

Similar wording

Is there anything else you could add?

Similar wording

Overcrowding of our neighborhood.

Similar wording

We don't want them there, simply put.

Similar wording

Okay.

Similar wording

You don't want them there.

Similar wording

Thank you.

Similar wording

Is there anyone else in the audience?

Similar wording

One more hands, Mr. Chair.

Similar wording

No more.

Similar wording

Thank you.

Similar wording

do you want to respond quickly or not if it's going to be long i i i can't keep no it's not

Similar wording

going to be long and mr chairman we were going to suggest uh scheduling a resumption hearing

Similar wording

um i think you know the the concerns relative to trash are certainly well heard particularly

Similar wording

board member uh john's comments so we're happy to schedule a resumption hearing uh to ensure

Similar wording

that we can better address that particular concern um but you know in in terms of in terms

Similar wording

of parking i mean you can see here this is a corner property it would require a variance to

Similar wording

provide parking and even if you could provide it it would be maybe two spaces so that's that's

Similar wording

that's certainly not going to provide any form of material impact um but we were going to suggest

Similar wording

scheduling a resumption hearing um we'll probably have a resumptive hearing you want to take a

Similar wording

position now or do you want to wait the resumptive hearing we'll wait okay thank you so we'll have

Similar wording

the resumptive hearing on 8 18 20 at 9 30 p.m at 9 30 p.m no 9 30 a.m i'm sorry

Similar wording

we go much longer it'll be nicer but i will not all right oh you would be here thank you um you

Similar wording

um you have another case okay right yes okay and let me just grab my water number six

Similar wording

We have another case.

Similar wording

Okay.

Similar wording

Right?

Similar wording

thank you for coming down by the way

Similar wording

MI 2025-005-993-6100, Wissahickon Avenue.

Similar wording

Meredith, just for the record, state your name.

Similar wording

Meredith Ferliger, F-E-R-L-E-G-E-R.

Similar wording

Right, you've already been sworn.

Similar wording

Could you identify your client and relationship to the property?

Similar wording

Sure thing.

Similar wording

My client is Hornet93LLC, which is the owner of the property, and represented today on Zoom by Nadal Hassan.

Similar wording

Right, and we had some testimony earlier about what the support of the RCO.

Similar wording

At this point, there is a letter of opposition, as I understand.

Similar wording

Understood.

Similar wording

Vice Chair has a few questions.

Similar wording

Good afternoon.

Similar wording

Have you submitted your documents and exhibits five days in advance of this hearing?

Similar wording

Yes, we did.

Similar wording

And do you waive the reading of the refusal and stipulate to its accuracy?

Similar wording

yes i do all right thank you you can show your screen and proceed with the case thank you all right

Similar wording

uh mr chairman uh in addition to the property owner nadal hassan i also have in the room with

Similar wording

me today our civil engineer gabrielle butcher and rhett chileberti who are right behind me

Similar wording

i'll bring them up momentarily i do also have on the zoom our architect carl emberger

Similar wording

and then i do also have alex bruno with leak engineering wait give me an idea i'm just going

Similar wording

to take because seriously we can't i can't do another 45 minutes from now it's it's probably

Similar wording

45 minutes we're here's we're going to be you you have 45 minutes yeah and then it's what's cut

Similar wording

i hear you all right and we'll take it to a presumptive hearing understood please yep understood

Similar wording

The request before the board today concerns 6100 Wissahickon Avenue. You have an exhibit packet in front of you that contains 25 exhibits. To summarize the basis for today's request, this application requests the erection of a new structure for use of 16 dwelling units, including two reserved as affordable through the mixed income housing bonus program.

Similar wording

only one refusal was issued for this project which is required due to the disturbance into

Similar wording

steep slope areas that surround the site for a variety of reasons that the board will see today

Similar wording

this project and this property meet the textbook legal definition of a true and legitimate hardship

Similar wording

such that if relief were denied would completely foreclose any development of this lot whatsoever

Similar wording

As you will see, that is not an exaggeration for effect.

Similar wording

We are, of course, however, aware of the letter of opposition that was submitted to the board that does acknowledge that this developer addressed the majority of the requested changes, barring one.

Similar wording

We will address those concerns during the presentation in the hopes that the board will assign the appropriate weight to the community's position, both in light of the considerable hardship and the

Similar wording

relationships as well as the material changes that my client made seeking to appease the

Similar wording

community's wishes tax clearance is included at exhibit two I did just submit that to the

Similar wording

board this morning and the deed to the property is included at exhibit three showing that my

Similar wording

client purchased this at sheriff's sale just last year I'll start first by introducing the area and

Similar wording

And then we'll invite some of our design team members to walk you through the project.

Similar wording

Exhibit 5 shows the zoning map of this area.

Similar wording

As you can see, the property location is indicated with an arrow at the corner of West Walnut Lane and Wissahickon Avenue and is zoned CMX1.

Similar wording

From the map, you can also see that the property sits just west of Lincoln Drive and is largely just engulfed by parkland.

Similar wording

i've also included some overhead aerials at exhibit six this first image looks north showing

Similar wording

the vacant corner property that is at issue if i zoom out just a little bit more in the next

Similar wording

image you'll start to glean that this is a relatively mixed single-family neighborhood

Similar wording

with some larger apartment complexes interspersed the parkland itself creates a natural buffer for

Similar wording

the neighborhood the south and the south and the west looking aerials further show

Similar wording

how this property is largely surrounded by significant impervious surface as well as

Similar wording

some additional large apartment complexes as well the property itself sits between west walnut lane

Similar wording

the property itself sits between west walnut lane which is 80 feet wide

Similar wording

which is 80 feet wide.

Similar wording

and then wissahickon avenue that is 60 feet wide and then it adjoins a commercial property that

Similar wording

you can see here that occupies nearly a hundred percent of its lot as well as parking on the

Similar wording

opposite corner as well although this case does not involve any variances that pertain to use

Similar wording

I did include at Exhibit 7 a map of the surrounding density just to show the general context of this neighborhood that does have a multitude of multifamily buildings nearby, including two directly across the street, one for 32 units and one for six units.

Similar wording

again we don't have any burden with a steep slope variance to establish the appropriateness of the

Similar wording

use itself but we do believe it is important to establish just the overall reasonableness

Similar wording

of this proposal in light of many many complicating factors exhibit 8 shows photographs of the site

Similar wording

where you'll immediately discern what brings us before the board today the entire site is

Similar wording

surrounded at the edges by an existing slope this photo is standing right at the corner of the

Similar wording

intersection looking at the site the next photo here shows the site itself is already downhill

Similar wording

from the neighbors along wissahickon avenue to the northwest and you can see that slope down

Similar wording

along wissahickon avenue although not a refusal item the height was a concern to the community

Similar wording

you can see here in the photograph the relative height of the opposing corner

Similar wording

which again does sit at a higher elevation than this property if i zoom out even further you can

Similar wording

see the the stark con contrast of the slope of this site to everything that surrounds it

Similar wording

including the park across the street which has a much more gradual slope to wissahicken avenue

Similar wording

Moving further southeast on Wissahickon Avenue, you can see that the sloping conditions generally dissipate entirely.

Similar wording

And then looking towards Walnut Lane, again, we would point to the significant impervious surface that sits downhill from this site.

Similar wording

the sloping condition to the southeast again you can see in this photograph you can see the

Similar wording

significant slope that extends all the way down Wissahickon Avenue and then you can see here the

Similar wording

apartment complex property extends essentially all the way to the corner it's a little hard to

Similar wording

see in the photograph but the property line for this apartment complex does extend to the corner

Similar wording

as well and then that adjoins some single-family homes and then i have included a couple of

Similar wording

additional photographs from from walnut lane again showing the steep conditions that border

Similar wording

this site and you can see those here uh looking up towards wissahick and avenue

Similar wording

and then this is the apartment complex that i mentioned across the street

Similar wording

on walnut lane and then this is as you move north of the property this is that corner

Similar wording

that i mentioned that sits at the higher elevation and just some of the additional

Similar wording

homes that sit on wissahickon avenue and then i did also include the zoning posters

Similar wording

i do have several exhibits that essentially establish the same thing

Similar wording

so i will note a few details on each of them quickly

Similar wording

if i start at exhibit 15 you can see a general topographic survey of the site

Similar wording

if i zoom in a bit you will see the elevation markings and i'll pick one particular area

Similar wording

hopefully so you can see here

Similar wording

you can see here that the uh that the slope uh is is fairly gradual in the middle of the site here

Similar wording

and then becomes quite steep as you move towards the outer edges of the site itself.

Similar wording

It's just an issue.

Similar wording

Your people you're going to bring in, they're not going to cover this too, are they?

Similar wording

So you're covering the sloop.

Similar wording

Okay, thank you.

Similar wording

They'll cover the hardship aspects of it.

Similar wording

I'm just giving you some background.

Similar wording

Okay.

Similar wording

the site itself is over 5300 square feet with roughly 58 feet of frontage on wissahickon

Similar wording

avenue and 162 feet uh and change on west walnut lane it is as you can see here a highly irregularly

Similar wording

shaped parcel which would alone render construction more difficult even absent the

Similar wording

which would alone render construction more difficult even absent the considerable intrusion

Similar wording

of the steep slopes more directly if you refer to exhibit 16 again you can see a visual representation

Similar wording

of the steep slopes in terms of the zoning code itself so the white areas in the middle

Similar wording

have no slopes at all the light gray areas have slopes of 15 to 25 percent which are permitted to

Similar wording

be developed with the submission of an earth moving plan and then the dark gray areas which

Similar wording

is why was which is ultimately what brings us in front of you today uh represent slopes of more

Similar wording

than 25 percent which are not permitted to be disturbed under the zoning code and you can see

Similar wording

here that these slopes surround the entire border of this site the parcel does sit within the

Similar wording

wissahick and watershed shed overlay but contrary to the steep slope restrictions the property is

Similar wording

a category 5 which means that there is no zoning code restriction relative to the impervious

Similar wording

coverages so it's somewhat of a conflicting restriction which further illustrates both

Similar wording

the hardship and the project's compliance with code requirements before i bring up the design

Similar wording

team to walk you through the more detail i would like to just bring up the zoning code sections

Similar wording

that outline the standards that this board must apply to steep slope variances in addition to

Similar wording

all of the other standard variance provisions i'll bring up the relevant one here we go

Similar wording

section 143038 i is shown at exhibit 23 the applicant must demonstrate that the

Similar wording

application meets certain criteria as certified by a licensed professional engineer number one

Similar wording

that the variance will not result in an increase in stormwater runoff

Similar wording

the shifting of earth to adjacent buildings or uh properties down or upslope

Similar wording

or an increase in likelihood of loss to the property number two the applicant must submit

Similar wording

an earth moving plan and then in terms of overall scope of review the commonwealth court has

Similar wording

clarified that steep slope variances are not properly characterized as use variances but

Similar wording

should be subject to a less stringent hardship requirement so at this point i'd like to bring

Similar wording

up uh first carl m burger our architect sir could sir could you step back and sit on the

Similar wording

thing let her put her witness there is this person online okay

Similar wording

carl is that his name carl yeah carl and burger

Similar wording

and just while he's coming on i will note that we do we did submit revised zoning plans and a revised

Similar wording

zoning plan proviso form i'll have carl address those changes in his walkthrough all right carl

Similar wording

hello my name is carl emberher with canary architecture carl could you please spell

Similar wording

your name for the stenographer yes it is c-a-r-l and then um e as in edward m as in mary b-e-r-g-e-r

Similar wording

right do you swear or affirm to tell the truth told truth nothing but the truth

Similar wording

i do counsel uh thank you uh carl you you already mentioned but you are the architect on this

Similar wording

project is that correct that is correct um so i have up on the screen now exhibit 11 which is

Similar wording

our revised zoning plans from these zoning plans can you just briefly walk the board through the

Similar wording

project envelope and the impetus behind this particular building envelope that is shown

Similar wording

yes um the project is a four-story building with a basement for 16 units um the lowest level um is

Similar wording

actually considered a basement because of the changing grade across the site

Similar wording

but that lowest level will be our entry level there's four apartments um per upper floor

Similar wording

um and the reason we arrived at the um the footprint that we that we finally arrived at

Similar wording

was that um we were trying to minimize its incursion into the steep slopes dimensionally

Similar wording

speaking does the project comply with the zoning code yes it does and then what about in terms of

Similar wording

the occupied area of the site itself does the project seek to maximize coverage of the site

Similar wording

Does the project seek to maximize coverage of the site?

Similar wording

No

Similar wording

No, as I just had noted, we were looking to minimize the footprint to minimize the incursion into the steep slope.

Similar wording

So is it correct that the zoning plans reflect an occupied area of 66% where the code would allow for 80% for a corner?

Similar wording

That is correct, yes.

Similar wording

And what about in terms of rear yard requirements?

Similar wording

the rear yard well um the rear yard is greater than um far greater than what we are required

Similar wording

okay uh turning to the floor plans i have up at exhibit 14 just if you can talk through uh first

Similar wording

the entry level plan and then we can move to the upper levels sure um so at the entry level uh we

Similar wording

We have the main entrance to the building, a mail and package room, a bike room for six

Similar wording

bike spaces.

Similar wording

Utilities are to the far left of the plan, a utility room for incoming utilities.

Similar wording

In the center of the plan, we have the stairs and the elevator and a trash room.

Similar wording

And then to the right of the plan, we had what was formerly a retail space.

Similar wording