civus
Hearing video

ZBA Hearing - September 17, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Sep 17, 20256h 43m

in the development of that site. The zoning records are at the ancestor address, 3742 Main

Similar wording

Street. In those records, you'll see an agreement between the developer tower investments and the

Similar wording

three civic associations where they supported the development and the similarities between

Similar wording

that development and this proposed development of 40 uh 45 are remarkable with both south one

Similar wording

main street was south of shores lane uh they're both in industrially zoned so they both included

Similar wording

a change in use to an unpermitted use residential and they're both in the flood plain the bridge

Similar wording

five building uh was approved for 75 feet and seven stories the similarities are remarkable

Similar wording

it's been a landmark on main street bridge five has for more than 20 years uh and it's great to

Similar wording

have that development on the south side i want to support what the pastor said a minute ago

Similar wording

thank you thank you very much uh one more hand please

Similar wording

Yes, Jeff Woolery. I will promote him.

Similar wording

Sure.

Similar wording

Yes, good afternoon. Can you hear me?

Similar wording

Hi, sir. Could you please state your name and spell for the stenographer?

Similar wording

Yes, Jeff Woolery, Jeff G-E-O-F-F-W-O-O-L-E-R-Y.

Similar wording

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

Similar wording

I do.

Similar wording

Jeff, are you a neighbor?

Similar wording

Yes, I live in Maniunk on Venice Island.

Similar wording

Right.

Similar wording

Are you in favor of this project or against?

Similar wording

I am against it.

Similar wording

Okay.

Similar wording

You've heard a lot of testimonies or anything you can tell us differently relative to the

Similar wording

height? I just wanted to say, I don't know if it's different, but I certainly support development

Similar wording

in that area as has been talked about by many people and think continued development in

Similar wording

particular that end of Main Street is welcome. It is simply the height that I think is much

Similar wording

higher than it needs to be as other testimony has come in. And so I'd love to see the area

Similar wording

developed. I just think the height is too much for that end of town. Thank you. Thank you very

Similar wording

much for taking the time to call us. We appreciate it. Is there any other hands? No further hands,

Similar wording

Mr. Chair. Planning Commission. Michael Gall with the Philadelphia City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the existing I2 medium industrial zoning at this

Similar wording

location. However, this was placed due to the active industrial use of the property at the

Similar wording

time of the writing of the district plan. Since then, the industrial uses here have closed.

Similar wording

Similarly, the character of Lower Main Street has evolved over time, and industrial uses are

Similar wording

becoming increasingly rare as the land use has shifted primarily to a mix of commercial and

Similar wording

residential uses. The additional height at this location would not fit the character of the

Similar wording

immediately surrounding area, and there is still not sufficient evidence to support the additional

Similar wording

height requested. This is especially due to the property's low relative base flood elevation and

Similar wording

its high potential for height-related impacts to the rights to light and air of nearby residential

Similar wording

and commercial properties, which are much closer in proximity to the proposed building here at

Similar wording

4045 to 61 Main Street than at similar approved variances for tall residential conversions

Similar wording

elsewhere along Lower Main. Therefore, the Philadelphia City Planning Commission stands

Similar wording

by its original recommendation and recommends the board deny the reconsidered request of the

Similar wording

variance proviso for building height. May I have a 90 second closing, Mr. Chairman? You can take

Similar wording

120. 120. Mr. Chairman, members of the board, since Hurricane Ida, there have been several

Similar wording

attempts to redevelop this site. All have been unsuccessful. The site is burdened by a significant

Similar wording

flood elevation. It is pinned in by rock outcropping in an elevated railroad. It is subject to the

Similar wording

Maniank Historic Main Street Historic District Controls, which further limit what can be done

Similar wording

with an already compromised site. Fortunately, in this instance, the Philadelphia Historical

Similar wording

Commission has endorsed the proposal that is pending before this board in full. PHC recognized

Similar wording

the appropriateness of the height, as well as the massing at this location, which has been embraced

Similar wording

which has been embraced by neighbors, near neighbors, immediately adjacent across the street,

Similar wording

by neighbors, near neighbors, immediately adjacent across the...

Similar wording

not those who have to walk several blocks to actually see the site.

Similar wording

The scant opposition seems to be, as a matter of principle, which I respect,

Similar wording

but those who are not immediately vested.

Similar wording

Maniank Development Corporation and a Maniank Special Services District

Similar wording

have extensively reviewed and endorsed the proposed plans.

Similar wording

there's an unprecedented level of support by those most impacted, including the House of

Similar wording

Worship across the street. There is a record of both current and historical precedents

Similar wording

for supporting the height of this project, whether we look towards Bridge 5 condominiums

Similar wording

located 0.3 miles to the east, seven stories and 75 feet in height, or historically to the

Similar wording

Economy Mills and Schuylkill Mills complex, 0.1 miles away and eight stories high. The proposed

Similar wording

project itself includes second floor rear parking. Why? This is the only practical responsible use

Similar wording

for the second floor due to the tall rock outcropping, the flooding concerns. Residences

Similar wording

that would have otherwise been located in this area and would have been at any other site have

Similar wording

been relocated to the proposed seventh floor, permitting the project to have a sufficient unit

Similar wording

yield to create the necessary financial return based on conventional market industry standards

Similar wording

to construct this project. But the heart of this matter is a true hardship at this site

Similar wording

in ways that are quite unusual. The impact of the 60-foot height limitation would pose a true

Similar wording

challenge and clearly reduce the project by one full floor. The development team and their

Similar wording

consultants and new information that you saw this morning attempted to develop a viable project

Similar wording

with that height limitation in place but were unable to do so. We looked at a typical five

Similar wording

over one construction type as well as the atypical actually four over two. Both options would result

Similar wording

in below market expectations below the threshold to justify construction and to take on the

Similar wording

development risk. In closing, the team also looked to shrink the seven-story project to adhere to

Similar wording

the 60 feet unsuccessfully. The few inches of height for each floor would not reduce this

Similar wording

to that proviso. Urban conversions has been a reliable steward when it comes to preserving

Similar wording

Mount Young's historic character. They have won numerous Preservation Alliance awards, for example.

Similar wording

they previously redeveloped two mounting on properties to national park service

Similar wording

historic standards the same mindset would be brought to this project we hope to have that

Similar wording

opportunity thank you mr chairman and thank you um we're going to vote on this on october 1st at

Similar wording

9 30 a.m after a discussion um in the executive session i want to thank your presentation john

Similar wording

i want to thank your presentation for coming in purpose and person and we're going to move on

Similar wording

thank you thank you hillary we have about five cases left i think around yeah and i'm gonna i'm

Similar wording

gonna get try to get the one now well so it's number 16 we had a request um because they are

Similar wording

in court if we could go ahead with that one okay mr chair this is ian hegarty executive director

Similar wording

just a reminder we do have a hard stop at 1 p.m for staff i'm aware thank you that's why i was

Similar wording

trying to just making everybody aware thank you chair devins hillary yes mr chair all right so

Similar wording

mi 2025 001 611 1323 north 49th street devin upta is the attorney um there's unanimous non-opposition

Similar wording

from cathedral park community development total of three votes

Similar wording

You'll be rejoining as a panel shortly, Mr. Chair.

Similar wording

Hillary, after this, should I list the cases we're carrying over?

Similar wording

Should we just say all cases that are left?

Similar wording

We'll hear it, too.

Similar wording

Yes.

Similar wording

I mean, we can see how long this takes.

Similar wording

There's another case in the list that has said it's very quick.

Similar wording

OK.

Similar wording

I'm just pulling that up now.

Similar wording

But we can see where we're at after this.

Similar wording

You heard Ian, right?

Similar wording

Yes.

Similar wording

Oh, I know.

Similar wording

I know.

Similar wording

you you heard and and you know i have cheryl next to me too so

Similar wording

we're not messing with anyone's lunch don't worry

Similar wording

uh good morning mr chairman good morning board hi devon could you please state your name and

Similar wording

spell for the stenographer devon uqdah right do you swear or affirm to tell the truth the

Similar wording

whole truth nothing but the truth uh firm yes could you identify your client a relationship

Similar wording

to the property uh michael carter he is the sole member of the llc that owns the

Similar wording

uh michael carter he is the sole member of the llc that owns the property sure and tenetta graham

Similar wording

has a few questions good afternoon have you submitted your documents five days in advance

Similar wording

of this hearing yes and do you waive the reading of the refusal and stipulate to its accuracy

Similar wording

yes okay thank you you may share your screen and proceed with your case one second sorry

Similar wording

How are we doing, Devin?

Similar wording

It's coming up, Devin.

Similar wording

Coming up. All right. Let me know when you can see it, please.

Similar wording

Sure. And Devin, we have all of your paperwork. Why don't you go to the

Similar wording

the refusal and start your presentation.

Similar wording

Okay. So this is the letter of refusal. So the property

Similar wording

address is 1323 North 49th Street. This

Similar wording

property is currently RSA 5 residential, single family residential.

Similar wording

The letter of refusal states that for the proposed use of two-family household

Similar wording

living within an existing structure. Sorry, just like AI

Similar wording

stuff. Sorry.

Similar wording

i'll propose uh for the pros use of two-family household living within an existing structure

Similar wording

so this pro this property is you know a single family house it always has been

Similar wording

basically set up as a duplex so we're trying to legalize it

Similar wording

why don't you show us some photos please sure it's the de we have all your we have all your

Similar wording

paperwork uh surrounding property so this is a presentation that was given to the rco

Similar wording

This is the address legalization of existing property.

Similar wording

This is the layout of the museum out some so you can see it.

Similar wording

so here is

Similar wording

i'm gonna go to the first floor i apologize it went down really quickly when i

Similar wording

all right so property this is the front of property the exterior of the property

Similar wording

um it's two floors this is the first pictures of the first floor as you can see the property's

Similar wording

already completed it's additional pictures of the first floor so it's one bathroom it's a kitchenette

Similar wording

the bedrooms this is the second floor which is another unit stairs that go up bedrooms hallway

Similar wording

again this is a kitchenette it's one bathroom and a bedroom um i also have a floor plan

Similar wording

right here so you can see this is the first floor floor plan it's one bedroom again the kitchen i

Similar wording

saw one bathroom in the living room there's the first floor and the steps that go up

Similar wording

there's the second floor again two bedrooms bathroom it's a little kitchenette living room

Similar wording

and these are the stairs that come up from the first floor it's another picture of the exterior

Similar wording

that we went through so it's one bare one bedroom on the first floor one bath second floor is two

Similar wording

bedrooms um one bath both have the kitchenette um justification is basically you want to legalize

Similar wording

it because it's not new construction property was acquired the property was acquired by the

Similar wording

owner under an llc when it was acquired it was already set up as a duplex so we're seeking to

Similar wording

legalize it it's going to be additional affordable housing in the union in the unit i mean in the

Similar wording

neighborhood i apologize since it was already used as a duplex when he acquired it so it's like

Similar wording

no significant increase in traffic.

Similar wording

He did send out notices with the proof of notices to the neighbors.

Similar wording

Devin, people on either side, are they in favor of this?

Similar wording

Yes.

Similar wording

Yeah, so he has no opposition.

Similar wording

He has no opposition to this.

Similar wording

I believe, and I mean, a good part, in his defense,

Similar wording

a good portion of the block is also vacant property.

Similar wording

and there's commercial space across the street so it's not like it's residential

Similar wording

on both sides across the street is like a corner store and

Similar wording

some apartments above and then the end of the block

Similar wording

is also commercial I think it's like a tire shop

Similar wording

there's proof of posting at the property

Similar wording

Devin there's no

Similar wording

there's no there's no living or any household living in the basement am i correct no no sir

Similar wording

no no no chairs no living in a basement it's a letter of support

Similar wording

why don't you bring your client on sure uh mr clark

Similar wording

he should be in the audience

Similar wording

um

Similar wording

It's been coming back in as a panel shortly.

Similar wording

Thank you.

Similar wording

I got it.

Similar wording

Yes, hello. Good morning.

Similar wording

Hi, Mr. Carter, could you please state your name and spell for the stenographer?

Similar wording

Michael Clark, M-I-C-H-A-E-L, Clark, C-L-A-R-K-E.

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

Please proceed, Devin.

Similar wording

Mr. Clark, can you state your relationship to the property?

Similar wording

I'm the owner of the property.

Similar wording

By, through what?

Similar wording

Through a single member LLC.

Similar wording

Okay.

Similar wording

And did you hear my testimony?

Similar wording

Yes, I did.

Similar wording

And do you agree that it was truthful and accurate?

Similar wording

Yes, sir.

Similar wording

And will you adopt my testimony?

Similar wording

Yes, sir.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No questions.

Similar wording

Yes.

Similar wording

when did you purchase the property?

Similar wording

I believe I purchased this property back in 2015 or 16.

Similar wording

And we're just asking to legalize this now?

Similar wording

Yes, ma'am.

Similar wording

It was one of the situations where I needed to be compliant with the city of Philadelphia

Similar wording