civus
Hearing video

ZBA Hearing - April 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 24, 20246h 7m

um in 2019 we obtained a by right zoning permit to construct this building which is uh five

Similar wording

stories five floors first floor commercial had some commercial spaces on it um the floors

Similar wording

two through five have uh 40 single family residential dwelling units that was in 2019

Similar wording

Later on in 2019, we went back in for a buy-write permit to eliminate most of the first floor commercial space and create an accessory parking garage.

Similar wording

and create an accessory parking garage with some open space parking,

Similar wording

but a total of 22 spaces, 20 inside the garage, 22 spaces outside.

Similar wording

In 2021, the construction started, and in 2024, recently, the construction was completed,

Similar wording

and a CO was issued.

Similar wording

The first floor, within the last week, we received a new zoning permit

Similar wording

for a coffee shop, prepared food use here on the first floor.

Similar wording

Um, the, um, you know, currently the properties, uh, leased at about 50%.

Similar wording

Um, uh, but yeah, we've, we've been seeing that the demand for the parking is running

Similar wording

about 40%, but that translates into, and here's the, the entrance to the garage here.

Similar wording

it was inside the garage that the garage is being underutilized

Similar wording

yet I want to show you another

Similar wording

another document here

Similar wording

Can you see this?

Similar wording

There we go.

Similar wording

Yeah, we can.

Similar wording

So this is an area, Matt, we'll call it.

Similar wording

The bottom is 44th Street, Chestnut Street on the left, Ludlow in the middle, Marcus Street on the right.

Similar wording

These properties are holdings by the same real estate group, the Orange Brothers Real Estate.

Similar wording

The property with a red dot is the one we're talking about here.

Similar wording

Some of these, most of these or all of them have residential components.

Similar wording

some of them have parking associated with them some of them do not and so the fact that we're

Similar wording

now beyond our utilizing our parking we thought that it would be prudent to change the use from

Similar wording

an accessory to non-accessory for the parking garage so they can offer it to our neighboring

Similar wording

projects as well as provide it to the neighborhood as a benefit and as you mentioned

Similar wording

we did meet with the Spruce Hill Civic Association and they voted to support the project with

Similar wording

because it provides a beneficial use let's put this back up here

Similar wording

okay

Similar wording

sorry with the maneuvering here

Similar wording

so the property zone located the cmx2 commercial zoning district non-accessory parking requires

Similar wording

referral which is what this is um you know allowing non uh accessory parking will have

Similar wording

have no detrimental impacts on the public health, safety, welfare, and traffic. I mean,

Similar wording

it's invisible as to which cars would be accessory or non-accessory. We would see no

Similar wording

increase in density or traffic. We're not asking to increase the number of parking spaces

Similar wording

in the garage. We have no impact on that. And the use for the non-accessory will have no greater

Similar wording

impact, therefore, than the permitted accessory use. And then yet, we've, you know, as noted,

Similar wording

that allowing property for the neighborhood would be beneficial. With that said, I'd like

Similar wording

to promote Mr. Orens, Scott Orens. Okay.

Similar wording

He better now to speak, sir. Sir, could you please state your name and spell it for the stenographer?

Similar wording

And before he gets on, you'll see the new page that I put up.

Similar wording

Hello, can you hear me?

Similar wording

Scott Orens, O-R-E-N-S.

Similar wording

Right.

Similar wording

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

Similar wording

Yes.

Similar wording

Ron, nothing has come up.

Similar wording

Okay, sorry.

Similar wording

You're there now.

Similar wording

Yep.

Similar wording

you see the pink screen now yeah yeah we do okay we do yeah okay uh scott um there for news uh

Similar wording

you see the pink screen now yeah yep

Similar wording

could you uh tell me your affiliation with 4415 chestnut llc i'm one of the partners uh uh the

Similar wording

ownership partners my other two partners are my brothers uh we own this building we developed the

Similar wording

building we built it and we created these parking spaces even though no parking space were required

Similar wording

by zoning at the time. And Scott, you've heard my presentation. Would you agree it's true and

Similar wording

accurate? Yes. And you would accept it as if it were your own? Yes. What you see on the screen

Similar wording

here is the parking layout? Yes. And that's not changing, correct? That's correct. And I did show

Similar wording

an earlier plan of your holdings in the area. And if you want to briefly explain how they would

Similar wording

interact with the parking and how it will be provided to the neighbors as beneficial use,

Similar wording

please feel free. We would like the ability legally to be able to rent any open space to

Similar wording

anyone else in the neighborhood across the street that might be one of my tenants or someone else

Similar wording

in the neighborhood that has a vehicle that they want to get off the street. This is a position

Similar wording

that's supported both by my next door neighbor because we have, based upon the development in

Similar wording

the area a lot more congestion with vehicles and it's supported by the spruce hill community

Similar wording

association great thank you scott uh mr chairman i have no further questions okay questions from

Similar wording

the board no mr chairman no chair questions or comments from our attorney hillary emerson

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

i do not see any further hands mr chair planning commission good afternoon chair and members of

Similar wording

the board this is greg walden planning commission staff the comprehensive plan recommends no change

Similar wording

to the existing commercial mixed use zoning because non-accessory parking will not cause

Similar wording

detrimental impacts to the neighborhood beyond what quite normally be expected the city planning

Similar wording

Commission recommends that the zoning board grant a special exception. Thank you. So MI 2024-000-747-4415

Similar wording

Chester Street, I vote yes. Thomas Holloman, my vote is yes.

Similar wording

Ishmael Shahid, my vote is yes. Thank you, Counsel. Thank you.

Similar wording

Okay. Number 13, MI 2024-000752, 1740 North 16th Street.

Similar wording

Alan Notcomson is the attorney.

Similar wording

Beach Corporation has sent a letter of support with a proviso relative to interior trash.

Similar wording

They'll be rejoining again and as a panel, sir.

Similar wording

Mr. Noxon, just for the record, state your name.

Similar wording

Alan Noxon.

Similar wording

And could you identify your client in relationship to the property?

Similar wording

Yeah, my client is North 16th ST LLC.

Similar wording

and in a virtual audience is its member Firas al-Sayed.

Similar wording

And our vice chair has just a few questions.

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to read another refusal

Similar wording

or stipulate to his accuracy?

Similar wording

I do.

Similar wording

I've emailed in all the required documents and exhibits

Similar wording

to proceed with this case five days

Similar wording

in advance of this hearing.

Similar wording

Yes, we did.

Similar wording

Thank you, counsel.

Similar wording

Please proceed and face me.

Similar wording

Thank you.

Similar wording

All right, so this is an RM1 property, so multifamily.

Similar wording

It's not something where we're trying to convert an RSA5 property into multifamily.

Similar wording

The only reason why we're here is we're in an overlay which requires a greater amount per square feet for each unit up to the first four units.

Similar wording

If this was in the base zoning district of RM1 with no overlay, this would be a project as of right.

Similar wording

So first of all, we reviewed the notice of refusal and then a letter of support from Beach Community Services Incorporated, which was the coordinating RCO.

Similar wording

We do have revised plans.

Similar wording

Originally, we proposed to have five dwelling units here.

Similar wording

we're asking to have a maximum of four and we do that by way of

Similar wording

We're asking to have a maximum of four, and we do that by way of proviso or the revised plans, an aerial view of the property on that or the block in which the property is located, maps of the area, autographs of the property in the surrounding area, or plans and drawings or RCO meeting notice or applications for appeal or deed to the property and their certificate of tax clearance.

Similar wording

And then at the conclusion of my presentation, I would ask that Feroz virtually raise his hand and be sworn in.

Similar wording

So notice of refusal. So this is an RM1 property. We're looking to put five dwelling units in here.

Similar wording

We have a few refusals. So the first of which, again, because we're in the north central Philadelphia overlay district,

Similar wording

we are only allowed to have three units under that zoning district where five units is proposed.

Similar wording

We're asking for a proviso of four units.

Similar wording

So based on those calculations, our lot is 1,683 square feet,

Similar wording

even based on the 425 of unit of, even based on the overlay,

Similar wording

where you're only allowed one unit for every 425 square feet of lot size,

Similar wording

like that's 1,700 square feet for four units.

Similar wording

That means we're 17 square feet short, which is a de minimis variance request.

Similar wording

If we were in the base overlay of where the first four units would be a 1,440 square feet of lot size,

Similar wording

we would well fit within those parameters.

Similar wording

So, again, we're asking for a variance for that. The second one is actually incorrect in this respect. So if you look at the North Central Philadelphia Overlay District, it's a 3 to 10 ratio after the first three units, meaning this, if you have up to three units, there's no parking requirement.

Similar wording

After the first three units, for every unit thereafter, it's a 3 to 10 ratio.

Similar wording

So if we provide it for four units, we're only required to have one parking space, not three parking spaces within this overlay district.

Similar wording

Regardless, our lot is only 17 feet wide.

Similar wording

There is no way we can put a side parking spot along the side of the property.

Similar wording

and we would be required to then have front loading a front loading garage the community

Similar wording

would not want that like there's parking allowed on our side of the street so basically

Similar wording

it wouldn't be any benefit for us to take put a curb cut take one parking space off of the street

Similar wording

to give it for the benefit of one parking space off of the street so that's the second refusal

Similar wording

It would be impossible to comply with it without, like, essentially causing more harm to the community.

Similar wording

And then the third refusal is the maximum occupied area, where 75 percent is allowed, where we're at 85 point, a little over 85 percent.

Similar wording

We looked at the surrounding area. What we're proposing in terms of lot coverage is similar to surrounding properties.

Similar wording

So what we're proposing is not out of character to the neighborhood as a whole.

Similar wording

So we did meet with the Beach Community Services Incorporated group.

Similar wording

We do have revised plans based on we shrunk the size of the roof deck at their request.

Similar wording

We, you know, in terms of, you know, trash management, they asked us to put trash compactors in the units.

Similar wording

or some type of tenants maintaining trash disposal.

Similar wording

Don't know if that is an enforceable proviso,

Similar wording

but we would embrace it

Similar wording

by installing trash compactors into our units.

Similar wording

And again, it was unanimous consent

Similar wording

with their board of six individuals

Similar wording

in support of this project

Similar wording

with those revised plans,

Similar wording

which we have right here,

Similar wording

where we reduced the deck area

Similar wording

and we reduced the unit count from five to four.

Similar wording

And then this is just an aerial view.

Similar wording

As you can see, there was a building structure here at one point.

Similar wording

What we're proposing is not too different than what was previously there.

Similar wording

And you can see there are other buildings here in close proximity

Similar wording

that run afoul of the lot coverage requirements of the Philadelphia zoning code.

Similar wording

And then maps of the area. Again, we're an RM1 property. We're allowed to build multifamily here. We just are within this overlay, which is causing some technical issues with regards to our project.

Similar wording

And then photographs of the property, we're vacant lots. As you can see, this building to the right of us goes pretty far back.

Similar wording

And then photographs of the property. We're a vacant lot. As you can see, this building to the right of us.

Similar wording

And then this is a posting that we had or have for this hearing.

Similar wording

And then this is our property from North 16th from the left and right.

Similar wording

Our plans and drawings.

Similar wording

Our RCO meeting notice we met on April 3rd at 5.30 p.m.

Similar wording

We emailed that notice to the community organizers while in advance of that meeting, and we also mailed it to 126 addresses.

Similar wording

These are the addresses we mailed it to, proof of mailing to those addresses.

Similar wording

Our application for appeal that we filed on behalf of North 16th STLLC.

Similar wording

Our deed to property showing that they own their property.

Similar wording

And then finally, the certificate of tax clearance showing that they owe no money to the city of Philadelphia with respect to real estate taxes.

Similar wording

I would ask that for us, virtually raise his hand.

Similar wording

They have been about to speak.

Similar wording

Sir, could you please state your name and spell for the stenographer?

Similar wording

sir

Similar wording

can you hear me hello yes hi sir could you stay

Similar wording

and could you spell it please for the stenographer sure sir for us i'll say it

Similar wording

f-i-r-a-s i'll say it a-l-s-a-y-y-e-d you swear or affirm to tell the truth told

Similar wording

truth nothing but the truth i do sir please proceed counsel

Similar wording

So, Frost, you heard everything I had to say today about your zoning matter.

Similar wording

Yes, I did.

Similar wording

And is it true and correct?

Similar wording

Absolutely.

Similar wording

And do you adopt as your own testimony?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney, Hillary Vanderson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Planning and Commission.

Similar wording

Oh, I'm sorry.

Similar wording

questions or comments from the virtual audience

Similar wording

planning commission

Similar wording

good afternoon chair members of the board this is greg wallen from planning commission staff

Similar wording

the comprehensive plan recommends no change to the residential multi-family designation at this

Similar wording

location the appellant has not shown that the property cannot possibly be used in strict

Similar wording

conformity with the zoning code and the variance is necessary is therefore necessary to enable

Similar wording

the viable economic use of the property for dwelling units and or occupied area proposed

Similar wording

use variance for no parking is consistent with nearby properties the city planning commission

Similar wording

recommends that the board grant the proposed use of no parking but deny the variance or dwelling

Similar wording

units and occupied area so mi 2024 000 752 1740 north 16th street i vote yes but provisos revised

Similar wording

plans one page stamp by zba april 24 2024 and maximum for dwelling units thomas hollman my

Similar wording

My vote is yes, with provisos.

Similar wording

Ishmael Shaheed, my vote is yes, with proviso.

Similar wording

Thank you, counsel.

Similar wording

Number 16.

Similar wording