civus
Hearing video

ZBA Hearing - May 18, 2022

Philadelphia Zoning Board of Adjustment (ZBA)May 18, 20224h 45m

friedman uh principal of 2100 to 12 uh rush street uh to to join us now

Similar wording

mr friedman you can unmute yourself and wait for the chair please good afternoon mr friedman could

Similar wording

you state your name and spell for the court reporter andrew friedman a-n-d-r-e-w-f-r-i-e-d-m-a-n

Similar wording

Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Mr. Freeman, can you give your specific title with the ownership entity?

Similar wording

I'm the president or owner of 2100-12 Rush, LLC.

Similar wording

Okay.

Similar wording

And I know we've heard a lot of testimony about the decision to go multifamily versus

Similar wording

single family.

Similar wording

I've worked with you on a number of projects where we went single family, where it made

Similar wording

sense where it was the right thing to do. In this case, can you again explain why you just did not

Similar wording

think that this made sense to go single family on this property? Well, Brett, let me ask this.

Similar wording

Well, Brett, let me ask you this. Can he adopt your testimony?

Similar wording

Can he adopt your testimony? Yeah, I'm going to ask him.

Similar wording

I'm going to ask him to. It's just, you know, they spent a number of years looking at this, trying to figure out what made the most sense.

Similar wording

Go ahead. I'll try to keep this short. Mr. Chair, I apologize.

Similar wording

So we just we looked essentially at the environmentals.

Similar wording

We at one point owned other single family lots in the area and we had friends that ended up buying them and developing them.

Similar wording

And we kind of saw the numbers that those properties sold for.

Similar wording

And honestly, what they were listed for rent at one point, they were close to four hundred thousand dollars that they sold for well over two and a half thousand dollars in rent per single family home.

Similar wording

And that wasn't our goal in this area. Our goal wasn't to, you know, gouge price that area.

Similar wording

We know what's going on there. We know what the neighborhood wants and to keep the prices relatively low and affordable.

Similar wording

So our goal was to take into consideration the environmentals, build a building that we can produce each unit at a lower cost.

Similar wording

That way, when we do get to the end goal of renting them, we can actually keep them as affordable as humanly possible to be hopefully less than 50 percent of what they're asking for for a single family home, even at 60 percent off of those numbers.

Similar wording

So that was essentially our goal is to keep the affordability aspect there and have the affordability be as close to rock bottom as possible to make sure that the people that do live in the area, stay in the area, can hopefully afford these properties and enjoy where they've been and continue to live there.

Similar wording

Mr. Friedman, I've got a chart that we put up that we presented to the community.

Similar wording

I presented this to the council person talking about that 13% of our units would be within this low-income band as per the city's low-income, mixed-income bonus.

Similar wording

Do you see that in front of you right now?

Similar wording

Yep.

Similar wording

So we talked about 13%, which is four units.

Similar wording

Again, just for reference, there was three single-family homes that are three-bedroom, three-bathroom, approximately the same that we have.

Similar wording

I know one on William Street, 2200 block of William, about a block and a half away, was listed at like $2,700 a month.

Similar wording

We're trying to keep it at $1,476 or $1,228.

Similar wording

If we can get even lower than that with, obviously, construction costs and increased costs of construction, all that, if we can hopefully have that lowered over time with interest rates going up and hopefully material dropping, we're going to reassess and hopefully lower those prices as well.

Similar wording

Obviously, like I said, our goal is to have our rents as low as possible and just keep everybody in this area.

Similar wording

Yeah. Excuse me, sir. I appreciate you trying to do low income housing, but what enforcement

Similar wording

is there with this agreement or list that you have? We are absolutely willing to put this on

Similar wording

the record and then provide any type of documentation you want. We, again, I presented

Similar wording

this to the community. I presented this to the council person. But there's no enforcement.

Similar wording

correct there isn't there isn't right now on there isn't right now um i think you'll hear

Similar wording

planning say the same thing yeah yeah there's there's no way for us to we we we didn't qualify

Similar wording

for the bonus because we're rsa5 um and and the we asked we asked the community i asked the community

Similar wording

to work with us to put this down on you know in some type of binding there was no response

Similar wording

but the people who showed up at the meeting voted to support us uh who lived in the immediate

Similar wording

neighborhood so we're kind of between a rock and a hard place here um um but i will tell you you

Similar wording

this was what we put out there uh and we stand by it and we would be uh you know andrew you know

Similar wording

we would be willing to you know put this in writing as far as you know those those 13 percent

Similar wording

of the units absolutely uh if it if it would satisfy the board do you agree andrew yeah for

Similar wording

sure. We have no issues with that. Again, you know, regardless of those four units or the 13%,

Similar wording

our goal is not to just have, you know, low income housing. Our goal is to have more affordable

Similar wording

housing across the board. You know, like we said, with the environmental and everything, if we end

Similar wording

up building single families, the numbers are just through the roof to even for outsell or for rent,

Similar wording

the numbers are just way too high to keep that area affordable. So our goal with environmental

Similar wording

was to, you know, build something a little bit bigger, build something a little bit more dense

Similar wording

and be able to break everything up per unit and have those numbers, even for the standardized

Similar wording

rents, be a lot lower than expected.

Similar wording

Brent, are you done?

Similar wording

Andrew, I know the affordability was critical and I wanted you to...

Similar wording

Andrew, I know the affordability was critical, and I wanted you to talk about that.

Similar wording

We put a lot of other testimony.

Similar wording

I put a lot of other testimony on the record as far as the other challenges of this site.

Similar wording

I know you heard those, correct?

Similar wording

Correct, I did.

Similar wording

And do you find that true and accurate?

Similar wording

I did.

Similar wording

And do you adopt it as your own?

Similar wording

I do.

Similar wording

Okay.

Similar wording

Thank you, Mr. Freeman.

Similar wording

Questions from the board.

Similar wording

No, Mr. Chairman.

Similar wording

board no mr no mr chairman questions or comments from the virtual audience

Similar wording

i see no hands at this time chair planning commission

Similar wording

good afternoon chair members of the board my name is greg waldman planning commission staff

Similar wording

in 2017 the zoning map was amended from i2 to rsa5 at this location in the court of

Similar wording

recommendations from the comprehensive plan and with the support of the community which matches

Similar wording

the row home character of the surrounding neighborhood. The applicant's proposed 30

Similar wording

units in five stories is an overuse at this location which at present is a paved lot. While

Similar wording

the planning commission staff appreciates the investigation into its industrial history,

Similar wording

the applicant's hardship claim is not supported with evidence of unique physical

Similar wording

circumstances of the property a financial hardship does not merit consideration for

Similar wording

variance in the code additionally the city has no ability to enforce portable units without

Similar wording

the deed restriction the city planning commission recommends that the zoning board deny the variance

Similar wording

mr feldman we've heard a great deal of testimony and i appreciate all the testimony yes what i

Similar wording

want to do with this i want to take this back to an executive session of the board and if i'm not

Similar wording

mistaken tanya that's in two weeks um yes chair if you want to deliberate and vote on june so

Similar wording

what we're going to do is in two weeks we'll be back on wednesday morning i'm not sure the date

Similar wording

but i want to have a chance for the board to really sit and listen to all this again and talk

Similar wording

about it okay and if i just may i appreciate that if if if you know we could put this down on on

Similar wording

you know enforceable as far as the the affordability um again i'd love to i have other

Similar wording

projects where i i mean i think i think there's a lot more besides affordability when i want to

Similar wording

talk about sure okay so what we'll do is we'll be you'll you'll hear from us you'll know it'll

Similar wording

be two weeks to today and um connie will we do that in the morning yes chair you can vote it

Similar wording

would be june 1st at 9 30 june 1st 9 30 will be okay mr chair this is hillary i um i assume you

Similar wording

would like to close the record at this point? Absolutely. Okay. Thank you. And thank you to

Similar wording

everyone for your time and consideration. Thank you. Thank you. Thank you for the testimony. Thank

Similar wording

you. Uh, case number eight, MI 2022 001 237 2137 Bryn Mawr Avenue. Vern Anastasia. Stasio is the

Similar wording

The attorney, letter of support from the Winfield Residents Association.

Similar wording

Mr. Anastasio is coming back in as a panelist now, Chair.

Similar wording

Thank you.

Similar wording

Good morning.

Similar wording

Good afternoon, Mr. Chairman, members of the Board of Bern, Anastasio, 939 Montrose Street, Philadelphia, PA, 191047.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client?

Similar wording

Yep.

Similar wording

I represent.

Similar wording

In relationship to this property.

Similar wording

Excuse me.

Similar wording

I represent Crystal Bell, who is the representative of the decedent's estate that is holding title to the property.

Similar wording

Our vice chair has a few questions.

Similar wording

I'm Mr. Anastasia.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?

Similar wording

And have you met with the RCO and do you have a letter?

Similar wording

I do to all of that.

Similar wording

Okay, great.

Similar wording

You may proceed and begin to share your screen.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

I am sharing it.

Similar wording

Can you see the packet or do you see a file instead?

Similar wording

A file instead.

Similar wording

Okay.

Similar wording

Here we go.

Similar wording

There it is.

Similar wording

There it is.

Similar wording

Thank you for your patience.

Similar wording

Mr. Chairman, members of the board, this is a legalization of a pre-existing non-conforming

Similar wording

Legalization of a pre-existing non-conforming use, five-family dwelling in an existing structure.

Similar wording

use, five family dwelling in an existing

Similar wording

structure.

Similar wording

My client has taken this property on pursuant to the death of her father, who owned this property for a very long time.

Similar wording

And it was, in fact, a legal five-family at one point.

Similar wording

As his age progressed, the license for rental was not renewed.

Similar wording

and as such at some point the underlying zoning classification of rsa5 kicked in

Similar wording

i do have this these are as i said uh legal i mean a pre-existing non-conforming use here are the plans

Similar wording

for each of the units

Similar wording

The property itself.

Similar wording

Here are the gas meters, all five electric meters.

Similar wording

There are the mailboxes that have been around for quite a long time.

Similar wording

We did meet with the folks of Winfield.

Similar wording

Here was the RCO letter that was mailed, not only inviting folks to the meeting on April 19th, but inviting folks to today's hearing.

Similar wording

We had proof of 48 unique pieces of mail that went out to everyone who lives within the 300-foot boundary.

Similar wording

boundary. It was very well attended, over 30 members of the immediate community,

Similar wording

overwhelming support, 28-6 in support. I've also included a copy of the deed,

Similar wording

the last deed on record, and the tax clearance as well. Given the fact that this property is,

Similar wording

in fact, a pre-existing non-conforming use that my client inherited and would just like to

Similar wording

legalize in order to settle her father's estate given the fact that we have in fact five separate

Similar wording

not only gas meters but electric meters and the physical breakdown of the property shows that

Similar wording

this has been a five-family dwelling for quite some time for all those reasons and the fact that

Similar wording

converting this back to a single family home would be impracticable and with the community support

Similar wording

we respectfully request that this variance be granted. And with that, I ask Ms. Crystal Bell

Similar wording

to raise her virtual hand and be recognized. Hi, could you state your name and spell for the court

Similar wording

reporter please okay hi sorry my name is crystal bell my name is spelled c-r-y-s-t-a-l last name

Similar wording

b-e-l-l do you swear affirm to tell the truth the whole truth and nothing but the truth

Similar wording

i swear proceed mr chair thank you mr chair miss bell did you hear my presentation to the board

Similar wording

for this afternoon yes i did is it true and accurate to the best of your knowledge

Similar wording

yes it is and do you adopt it as your own testimony i do thank you i have nothing further

Similar wording

questions from the board no mr chairman no mr no questions or comments from the virtual audience

Similar wording

no hands here planning commission please

Similar wording

good afternoon chair and members of the board my name is greg wallovan planning commission staff

Similar wording

the comprehensive plan recommends no change to existing residential single family zoning at

Similar wording

this location the proposed use is consistent with documented previous uses on the property

Similar wording

the city planning commission recommends the zoning board grant the variance thank you mi2022

Similar wording

001-237-2137

Similar wording

Rimar Avenue. I vote yes.

Similar wording

Harold Tenere, my vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you all. Have a good evening.

Similar wording

Thank you.

Similar wording

MI 2022

Similar wording

001-238-2247

Similar wording

North A Street. Henry Clinton is the

Similar wording

The attorney, 37th Ward RCO, has a letter of support.

Similar wording

and he's coming in now as a panelist here

Similar wording

And he's coming in now as a panelist here.

Similar wording

good afternoon mr chairman hi mr clinton we've already sworn

Similar wording

you um could you identify your client in this case

Similar wording

and the relationship to the property sure my client is azul holdings a-z-u-l holdings and

Similar wording

the principal is rafi r-a-f-i bulk b-a-l-k and he is on the call via telephone all right our

Similar wording

vice chair has a few questions. Hi, Mr. Clinton. Do you agree to wave the reading of the refusal

Similar wording

and stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership,

Similar wording

tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in

Similar wording

advance of this hearing? And have you met with the RCO? And do you have a letter? Yes, to all

Similar wording

those questions. Okay, great. You may proceed and begin to share your screen. Thank you. Sure.

Similar wording

thank you. Is that visible enough? Yes. Good afternoon, Mr. Chairman, members of the board.

Similar wording

Henry Clinton here on behalf of Ansel Holdings LLC, and I'll walk through my presentation

Similar wording

package. These are a table of contents, including exhibits AA through A11, which I ask to be

Similar wording

admitted into evidence. Appearance statement, this is the refusal, the key document. This area

Similar wording

is zoned cmx2 when i get to the zoning map you'll see this side of the street the east side of the

Similar wording

street is all cmx2 which as the board knows is commercial on the first floor and typically two

Similar wording

units above when i show you photographs of the street there are no commercial properties on

Similar wording

the same side of the street as this vacant lot across the street there's a large factory but

Similar wording

on this side of the street it's all residential this property has been vacant lots since 1977

Similar wording

And I'll show the board photographs,

Similar wording