civus
Hearing video

ZBA Hearing - August 4, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20215h 51m

Mr. Richardson, please identify yourself. You're still on the road.

Similar wording

Good afternoon again, Mr. Chair. Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

Similar wording

Here, asking about the 3504 North 23rd Street, MI 2020-003082.

Similar wording

This case was assigned to Tioga United back in December of 2020, and I don't believe they have ever met with the RCO.

Similar wording

This case was assigned to Tayoga United back in December.

Similar wording

I know that they were scheduled one time and never sent any materials or anything, and I know the RCO has not met with them.

Similar wording

I'm wondering if anybody is here for that case. If not, I want to see if you guys would like to dismiss it.

Similar wording

Yep. Let me call it up. Calendar number MI 2020-003082, 3504 North 23rd Street.

Similar wording

This is Sharon. I'm sorry. Go ahead.

Similar wording

Okay.

Similar wording

I apologize, confessor. I shouldn't have been.

Similar wording

No problem. Go ahead, Sharon.

Similar wording

I just wanted to say that we have no exhibits and this is the second listing.

Similar wording

That's correct. Yep. Anyone here for this matter?

Similar wording

I see no hands here. Thank you. MI 2020-003082-3504 North 23rd Street. My vote is to dismiss.

Similar wording

Thomas Holloman, my vote is to dismiss.

Similar wording

John Monlock, my vote is to dismiss. Thank you. Thank you, Mr. Richardson.

Similar wording

before we go I see another case here that has no exhibit calendar number MI 2021-001-486-2427

Similar wording

North 8th Street anybody else here for this uh for this matter please come forward now

Similar wording

i see no hands yet okay calendar number mi 2021-001-486-2427 north 8th street

Similar wording

will be continued must be heard

Similar wording

okay let's see

Similar wording

okay all right so we are ready anyone else here that need to continuance or withdraw

Similar wording

I see no handshake thank you let's continue let's bring up Mr.

Similar wording

uh mr phillip calendar number mi 2020-000835 621-25 reese street

Similar wording

thank you uh thank you phillip he's still on the road can you please identify yourself for the

Similar wording

record sure michael phillips phillips 1835 market street 14th floor philadelphia pa 19103 here on

Similar wording

behalf of 621 Partners, the owner of property at 621 Reed Street. Thank you. I believe Frank

Similar wording

won't be able to join in, so go ahead and continue your case, and we're going to have to hold the

Similar wording

vote pending. He's going to be able to read the transcript and see the video, okay?

Similar wording

Certainly. So, as I had mentioned earlier, we were initially looking to convert this vacant

Similar wording

ground floor commercial use to four residential units, but the community had concerns about the

Similar wording

additional density and the availability of parking, which is, I guess, tough to come by

Similar wording

in the patching square neighborhood so at the urging of chairman to chico we went back and

Similar wording

looked at whether or not we could add or incorporate any parking into the plan so

Similar wording

we went back to the zoning board and i went back to lni and presented a new plan initially it was

Similar wording

just a use, so we didn't have any plans, to provide four parking spaces at the ground

Similar wording

floor access from the existing curb cut and garage door on Reed Street and to reduce the

Similar wording

number of units that were proposing for the ground floor from four to two. So there would

Similar wording

be a total of 14 units for parking spaces. The addition of parking did result in additional

Similar wording

refusal insofar as parking is only permitted in the CMX2 zoning district if accessed by a rear

Similar wording

street shared driveway or alley, and that's not the condition here. And we also have some

Similar wording

additional refusals that were generated due to the size of the parking spaces rather than

Similar wording

Rather than eight and a half by 18, due to the physical constraints of the property, we were limited to eight and a half by 16 and a half.

Similar wording

eight and a half by 18 due to the physical construction.

Similar wording

So the spaces are a foot and a half shorter than the code requires.

Similar wording

Similarly, the driveway aisle, which is required to be 24 feet, we are 23 and a half feet.

Similar wording

So I think that is the minimum.

Similar wording

There were also some refusals that were generated for facade review.

Similar wording

And as much as I tried to explain to the examiner, this is not new construction, that we're utilizing an existing garage door, an existing curb cut, we received those referrals as well.

Similar wording

But, again, the plan now is to utilize the existing curb cut, have four compact parking spaces, and then I'll pull up a floor plan.

Similar wording

that will show, you know, we have the four parking spaces here, and then the two units

Similar wording

would still be in the back, which we proposed earlier. So, essentially, we're replacing two

Similar wording

of the units with four parking spaces. The total would then be 14 units for parking spaces.

Similar wording

Now, in response, Pastor Young Square did submit a letter where they said that they are continuing

Similar wording

to oppose because of our failure to utilize the affordable housing bonus but as i mentioned and

Similar wording

as submitted in the original exhibit packet we did utilize the affordable housing bonus to get

Similar wording

the 12 units from the second to fourth floor with a payment in lieu that was made to the city of 120

Similar wording

000. since then the zoning code has been revised to increase density slightly in cmx2 such that

Similar wording

the affordable, the same $120,000 payment would have resulted in 13 units. And again,

Similar wording

we're proposing 14. So we believe that we have complied with the spirit of the, not just the

Similar wording

spirit, we've complied in providing affordable housing. And essentially, we're just seeking

Similar wording

that one additional unit due to the fact that ground floor commercial really isn't feasible at

Similar wording

this location. We believe that the addition of the four parking spaces on the ground floor was

Similar wording

a good compromise that we made with the neighborhood. And essentially, we're going

Similar wording

from 12 units and a vacant ground floor commercial to 14 units and four accessory parking spaces.

Similar wording

So that is, you know, where things stand. We would hope that based on the revisions that

Similar wording

we were able to meet at the board's urging and due to the compromise that we've sought to make

Similar wording

with the community that the plan be approved. Thank you. Yep. And like I said, we apologize,

Similar wording

you know, but yeah, hopefully by next week when Frank, you know, reads the transcript,

Similar wording

watch the video, you should be able to vote on it. Is there anyone else here in this matter?

Similar wording

I would just ask, I believe my client is on, I'll just ask him to, if he is, Yoav Shiffman.

Similar wording

Yoav, if you can raise your hand.

Similar wording

I'm here.

Similar wording

Hello, sir.

Similar wording

Please identify yourself for the records by your first and last name.

Similar wording

Yoav Shiffman, Y-O-A-V-S-H-I-F-F-M-A-N.

Similar wording

Court reporter, was you able to get that?

Similar wording

It was kind of breaking out there.

Similar wording

Yes, sir.

Similar wording

I heard it.

Similar wording

Okay, thank you.

Similar wording

You swore a firm to tell the truth, the whole truth, for nothing but the truth?

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Mr. Phillip, please proceed.

Similar wording

Good afternoon, Yoav.

Similar wording

Did you hear my testimony a moment ago about the conversion of the ground floor space to four parking spaces and two residential dwelling units?

Similar wording

I didn't mean it.

Similar wording

Okay.

Similar wording

And do you agree that my testimony was true and accurate?

Similar wording

I think you were breaking up.

Similar wording

I'm sorry.

Similar wording

This is the reporter.

Similar wording

i did not get that response i said i i i do agree with your testimony okay and do you agree

Similar wording

to adopt my testimony as your own yes okay i have uh no further uh comment uh questions for

Similar wording

mr shiffman and with that i would conclude thank you does the board have any questions no

Similar wording

no okay is there anyone else here that would like to speak in this matter

Similar wording

okay is there anyone else here that would like to speak in the

Similar wording

chair we have eric heidel please unmute yourself and wait for the

Similar wording

mr heidel please identify yourself for the records by your first and last name please

Similar wording

eric e-r-i-c heidel h-e-i-d-e-l you swear or firm to tell the truth the whole truth for nothing but

Similar wording

the truth? I do. Please proceed. I'm here representing the Pasadena Square Pacific

Similar wording

Association. I just wanted to clarify our opposition to the project. We have concerns

Similar wording

about density in the neighborhood. The owner added an additional floor to this building

Similar wording

so that they could construct the four extra units they were given with the affordable

Similar wording

housing bonus. So we're opposed to any increasing units on the first floor. And just to clarify

Similar wording

the issue with the housing bonus in our letter we would have looked more favorably upon this

Similar wording

if the owner was providing affordable units in the building that would benefit the neighborhood

Similar wording

directly but since they paid into the housing trust you know in fact good for the city as a

Similar wording

whole but not necessarily for the neighborhood so that was just what just clarify the wording

Similar wording

okay thank you anyone else

Similar wording

I see no handshake.

Similar wording

Thank you. Board, any questions?

Similar wording

No.

Similar wording

Okay. Planning Commission.

Similar wording

This is Ron Bednar, City Planning.

Similar wording

Ron, good afternoon. You swear to our firm to tell the truth, the whole truth and nothing but the truth?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

The comprehensive plan recommends a change from CMX2 to RM1 at this location.

Similar wording

we find that the applicant has not supported the claim of hardship with evidence of unique

Similar wording

physical condition or shown that the zoning prevents or prevents economic viable

Similar wording

development of this property. The previous approved plan benefited from the use of the

Similar wording

buy right bonuses while we have no objection to the proposed variances for the ground floor

Similar wording

residential use or the parking access from Reed Street, the City Planning Commission recommends

Similar wording

that the board deny the variances for the extra dwelling unit calendar. Thank you. Okay, calendar

Similar wording

number MI 2020-000835-621 through 25 Reed Street. This record is now closed. We'll

Similar wording

um leave it open uh like 30 days pending uh other board members to read the transcript and

Similar wording

vote this case okay thank you very much you're welcome maybe excuse yes you may thank you i

Similar wording

have a great evening everyone likewise okay uh sharon this uh 330 adam for uh uber street

Similar wording

I guess we got to wait for the other board member as well.

Similar wording

Is that correct?

Similar wording

No, that is actually going to be,

Similar wording

you announced this morning

Similar wording

that that would be voted next week.

Similar wording

That's right.

Similar wording

But you do have one case from the 930 list

Similar wording

that goes with the 330 list, Lindemann Street.

Similar wording

So you put that off so that they can do it together.

Similar wording

I don't have it.

Similar wording

You want to do it at the beginning?

Similar wording

Sure.

Similar wording

It's all of the cases, remaining cases on the list, I believe, are heard together, and this one is also going to be heard.

Similar wording

Okay, with the number, okay, one, two, oh, these are all together, right?

Similar wording

Yes, one, two, three, four, and then the case that I will give you the MI number for now.

Similar wording

Thank you.

Similar wording

Okay, it's MI-2021-001483, 1349 South Lindenwood Street.

Similar wording

13 what? 1341, you said?

Similar wording

I'm sorry, 1349 South Lindenwood Street.

Similar wording

Thank you.

Similar wording

All right, let me call that up.

Similar wording

Thank you, Sharon.

Similar wording

And counting the number MI 2021-001483, 1349 South Wilton Street, and MI 2021-001491, 1321 South Wilton Street,

Similar wording

And MI 2021-001490, 1332 South Wilton Street, and MI 2021-001489, 1330 South Wilton Street, and MI 2021-001480.

Similar wording

And MI 2021-001-481353 South Wilton Street.

Similar wording

Mr. Slepner.

Similar wording

Good afternoon.

Similar wording

Good afternoon, sir.

Similar wording

Please identify yourself for the record.

Similar wording

Spell your first and last name.

Similar wording

Yes, my name is Isaac Slepner, I-S-A-A-C, last name Slepner, S-L-E-P-N-E-R.

Similar wording

I am with Mattione Limited, 100 North Independence Mall, West Suite 5A Northwest, Philadelphia PA, 19106.

Similar wording

And I represent the property owner of each of these properties.

Similar wording

Before we begin, I just wanted to clarify.

Similar wording

Real quick, sir, you, I believe you're still on the road from this morning.

Similar wording

You agreed to waive the reading of its refusal and stipulate to its accuracy?

Similar wording

Yes.

Similar wording

Yes. And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this hearing?

Similar wording

Yes. And have you met with the RCO and have a letter?

Similar wording

Yes. Thank you. Please proceed.

Similar wording

So these are a series of five separate properties that all have the same plan development at each.

Similar wording

So I guess what I'll do now, I guess what I'll do is I'll take you through the development is is more or less identically the plans are identical for each development.

Similar wording

I do have my client, LeVar Clark, who is the member of the owner LLC of each of these, and also our architect, Logan Dry, is out there on this call as well.

Similar wording

But I'm going to just start by taking everyone through our presentation materials.

Similar wording

I guess before I start on that, what I would start out by noting, I'm going to share my screen here, and then we will get to the substance of everything.

Similar wording

I'm going to start out with our printed materials, and I'm going to show as well a bit of a history of the neighborhood and a history of the zoning classifications of the various properties.

Similar wording

We'll start at 1349 South Lindenwood.

Similar wording

The owner is Junk Property LLC.

Similar wording

My client, as I mentioned, LeVar Clark, is the single member of that LLC.

Similar wording

So I'm going to scroll through our materials, and if anybody has any questions, needs me to slow down, stop, go back to anything, I'll be happy to.

Similar wording

Exhibit 1 is our Certificate of Tax Clearance.

Similar wording

This one was issued on 721, showing that the owner of 1349 South Lindenwood is, in fact, compliant.

Similar wording

Okay. Exhibit 2 is our notice of refusal, which we just stipulated to. Exhibit 3, I believe that the coordinating RCO, King Sessing Area Civic, sent the letter to the board, I want to say late last night or early this morning.

Similar wording

um but we did meet with them uh we actually it took a bit of um back and forth to meet with

Similar wording

with this rco we had uh been getting in touch with them since early um since mid-may and they

Similar wording

finally got back to us uh and finally did host us for a meeting uh actually on monday the second

Similar wording

just two days ago. So there was a little bit of, I would say, miscommunication.

Similar wording

Logan, if you're out there, I would have you walk the board through the actual plans.

Similar wording

Okay, not hearing anything. I'll walk the board through the plans.

Similar wording

all right um so this is our site plan for 1349 uh i'm here isaac oh hey logan

Similar wording

i said uh i'm logan i'm sorry please identify yourself for the record

Similar wording

sure logan dry l-o-g-a-n-d-r-y architect of record kca design associates 6525 tulip street

Similar wording

philadelphia pa 19135 thank you you swear a firm to tell the truth the whole truth and nothing but

Similar wording

the truth i do thank you please proceed

Similar wording

okay uh logan if you can um just walk the board through i guess the site plan and then the floor

Similar wording

plans of uh each of these and describe uh what's planned here sure um so this one that we're looking

Similar wording

Sure. So this one that we're looking at is the 1349 South Lindenwood Street address. As you can see here, we're proposing a duplex with the front porch, three stories. We're seeking some variances for the use primarily as a duplex and single family.

Similar wording

at is the 1349

Similar wording

South Lindenwood Street.

Similar wording