civus
Hearing video

ZBA Hearing - December 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20206h 9m

is 186 feet wide so you could only fit three lots or three homes into this site um the uh the

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applicant is seeking to take two lots into one and then using that combined lot and the overall size

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of it to justify what it purports to be a hardship here um if i that if that is a hardship it is in

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fact self-created by the applicant's own plan but you know for the reasons previously stated at length

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before and in the interest of time um we do not believe that there's a hardship here there's

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significant neighborhood opposition um and i believe that the councilman has also delivered

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a letter to the board where he is in opposition to this plan as well thank you mr whalen yes thank

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thank you mr chairman i i will again be brief um aside unfortunately aside from the recitations of

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the code and the marshall standard for what is required in the city for a variance a unique

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hardship no adverse impact on health safety and welfare and the least minimum variance test

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Ms. Alderfer has wholly misstated the legal standard before you, and that would be before

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the court, which we understand, regardless, is going to get appealed. The party is, both under

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Hertzberg and Marshall, not required at any point in time to show a by-right plan or to show that a

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by-right plan doesn't work, or that any permitted use doesn't work or is financially unviable.

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I could, you know, go into most of the factual recitations that Ms. Alderfer made were refuted

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by our experts, and obviously we can go into those if you want them. Now, a lot has been

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made about hardship. The hardship is, excuse me, a hardship by law under the Wilson case from

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2007 from the Supreme Court is not self-created where a developer obtains a lot intending to use

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it for an unpermitted process. So here there's no issue of self-creating a hardship. And while

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the consolidated lots would be 44,000 square feet, each individual lot is 22,000 square feet

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almost exactly. It's almost a precise even split. And same dimensionally,

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a precise even split. And same dimensionally, there are no second row of homes elsewhere in

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the neighborhood because there are no properties that could have a second row of homes.

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All of the other properties that have depth to them are from Fountain Street going up the steep

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slope and you can't build on that steep slope. This property is extremely unique in that sense

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that we have about 180 feet before you or 185 feet before you get to a steep slope that you're

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not allowed to build in and therefore that that size that sheer size of 44,000 square feet when

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you're talking about rsd3 and only a 5,000 square foot lot size it is not contextual and does not

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fit you also heard from that the large lots are not an appropriate land use for the land planner

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you also did hear with regard to the least minimum variance test both from the applicant

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the architect and the land planner in the original instance that this that 15 was the

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least minimum variance necessary and was an appropriate use for this project in order to

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be contextual with the project. Context of this neighborhood does not constitute just the

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immediately adjacent parcels as Ms. Alderfer would have you rely upon. It indeed includes the

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entire block and albeit the entire near neighborhood. And specific to that, the primary

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hardship here, which this zoning board has upheld numerous times and the Commonwealth Court has

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upheld numerous times is that a change in neighborhood in and of itself constitutes

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a hardship on the property. So here, regardless of the 2017 ordinance, which does equate to

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reverse spot zoning, there were approximately 40 homes all twins and row houses built within

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the last 10 years up and down this block. You know, just because these properties at

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end of the block are the last ones to the party doesn't mean that they get shut out. That is

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basically why the court has found when you have a neighborhood that is changing over,

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you are allowed residential in an industrial neighborhood if industrial use is no longer

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viable. Here you heard extensive testimony that the RSD3 large lot homes do not have a market,

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they are not appropriate land uses in this neighborhood and therefore you have a significant

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change in the neighborhood and that testimony was actually seconded by the RCO the original RCO

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letter it was clear that there was no adverse impact these are single family for sale residences

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there's limited traffic that traffic report was provided in advance all deliveries and

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what not are going to be off street. This has already been reviewed and meets all of the streets

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requirements. It's a 24 foot wide dry vial. So therefore, there will be no issues with the

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private trash collection. We are actually required by code to have private trash collection. So all

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of these issues that were raised are really red herrings. There will be an implementation of a

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huge stormwater management system. There is none that exists there now and when we went door-to-door

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we found a mixed bag about whether or not the Fountain Street homes had issues. I'm going to

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object to that as hearsay. We had numerous, you know, we are not disturbing the steep slope in

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any way, shape, or form. The earth moving plan must be provided under the code only before the

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issuance of a zoning permit. We obviously know that, and we have to provide it. It is not in

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any way required before the issuance or the granting of a variance. If the board deems it

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pertinent, we are happy to take your vote and leave open the record just for the submission of

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that, you know, to the board. We are actually meeting the, even though we are attempting to

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meet the character and context of an RSA 5 neighborhood, we are, the revised plans meet

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the open space and the keeping of the green area that would be required in the RSD 3 neighborhood,

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so we get rid of that refusal. And across the board, the revised plans make, you know, have

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been presented to everybody with full knowledge and become far more code compliant in every

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respect, including the side yard setback that Ms. Alder for reference.

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alder for reference um so you know with regard to that there's there's clear hardship here

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So, you know, with regard to that, there's, there's

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uh on numerous grounds um it is not self-created we have no burden to show that the property is

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valueless unless we uh you know as um permitted by right um you know we can and you know may in

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the future build eight homes by right in accordance with the rsd3 but unfortunately you heard from our

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land planner. We heard it at CDR and you've heard it from our the applicant that that simply is not

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an appropriate use at this time because the neighborhood has changed and from the site

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photos we showed up and down the street everything else including right across the street are

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twins and new row homes. So I don't want to belabor anything else and I very much appreciate

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board's time and consideration here thank you any questions for the board no

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uh planning commission on bednar city planning this property is indicated for residential use

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on the city plan i believe the applicant is not the applicant has completed a civic design review

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committee process since that meeting the plan was revised reducing the application to 15 units

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we'd like to point out that there is no hardship for having a single family detached lot that is

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too large and thus justifying the variance for to overbuild the lots the proposal presented

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to you today would permit three units and it is five times that of the 15 units. We

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feel that the amount of vehicles associated with this project would have a negative impact to a

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16-foot wide Delmar Avenue and does not even have sidewalks nor was utility infrastructure

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design for such density. We have concerns about the impact the project will have as it cuts a fair

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amount of trees, vegetation down, and will have potential for increased erosion, siltation, storm

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water, and runoff. On the design, we feel that creating a second row of housing behind the row

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facing the street is out of character with the surrounding area as proposed as shown on the

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aerial provided by the applicant lastly this area of del mar was down so down zoned according to the

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lower northwest district plan in 2018 in an effort to reduce the negative impacts from

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development upon infrastructure and environment. We feel that 15 units isn't appropriate at this

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location and recommends that the board not approve this application as applied or as amended.

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Thank you very much. MI 2020-001-250, 209 Delmar Street. My vote is no.

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my vote is no

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my vote is no

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my vote is no

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everyone

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this concludes the

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3.30 list

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yes that's it

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any unfinished business

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have a good night

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I will send you

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a zoom invitation

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Have a good night.

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