civus
Hearing video

ZBA Hearing - February 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 22, 20233h 36m

and really no issues with light and air access i will also note that we are proposing a side yard

Similar wording

that is two feet greater than what is um on this new construction house next door

Similar wording

That was permitted and built in 2007. Well, the variance was granted in 2017, and they only have a three-foot setback. So we're actually proposing something that's significantly bigger percentage-wise than what has been allowed and granted on the property next door here.

Similar wording

um we did talk to the neighbors about whether we could make this edition code compliant

Similar wording

And the reason that this was chose to make these dimensions of this 18 by 18 square, this allowed for configuration that while not meeting the technical necessities of the code, actually has the least impact on the adjoining neighbors.

Similar wording

and the reason that this was chose to make these dimensions

Similar wording

Because you can see here, in terms of coming out in the side yard, we already have this sort of narrow side yard going through both of these properties, largely because of existing conditions of both the grandfathered in five foot setback on the front, and then the recently granted three foot setback to the adjoining property.

Similar wording

And by condensing the length of it and keeping it this square, it's actually limiting that time where you have that narrow, unusable side yard for both properties and makes a larger rear yard, which creates more light and air access, while maintaining the square footage necessary to have these handicap accessible spaces.

Similar wording

The other thing is when I was talking to the architects, when you have these dimensions, you have this nice sloped roof in the back, which we typically see in rear additions of homes in Philadelphia, that really minimizes the impact to the adjoining twin, because you're having it sloped down.

Similar wording

And you're also keeping the amount that's attached to that property line small as possible.

Similar wording

So if you went for something longer and narrower, it changes how you have to configure that roof.

Similar wording

And so now you're having the highest point of the roof on the property line with a greater impact to the adjoining neighbor at 125, sloping down to the side yard.

Similar wording

So really, while this is not technically code compliant, it was designed in mind to have the minimum impact on both adjoining neighbors.

Similar wording

All right, so let's see.

Similar wording

And then I want to go into the parking space.

Similar wording

So as you are already aware, parking, off-street parking is allowed in RSA 3.

Similar wording

And in fact, if this was a new home, and we were knocking this down and building it again, that parking space would be required.

Similar wording

However, let's just go to the picture. One second.

Similar wording

However, here, because of the physical dimensions and existing conditions of this property, the only place where you can put a parking space is in the required front yard.

Similar wording

So it's going to be going, you know, essentially on the right side of the property, there'll be a parking spot put in.

Similar wording

And it's going to look very, very similar to what's next door, which is this.

Similar wording

So this is 121.

Similar wording

This is the adjacent property.

Similar wording

And they have this off-street parking spot to the left of their property.

Similar wording

um so we also uh i wanted to come back to the um so again it's we're only looking for a variance

Similar wording

for the location of the off-street parking not the off-street parking itself um as rsa3 not

Similar wording

only allows but now requires off-street parking for new housing uh and there's no other place

Similar wording

we can put it so i want to go to the parking survey that east mount area has put together

Similar wording

because it's actually very explanatory of what's going on on this block.

Similar wording

So there are 36 houses on this block.

Similar wording

26 of them already have off-street parking.

Similar wording

So the majority of this block has off-street parking,

Similar wording

many of them with two or three off-street parking spots.

Similar wording

And of those 26 houses,

Similar wording

at least 13 of them have parking in the required front or side yard.

Similar wording

We can look here and they did a chart of where this is located.

Similar wording

but you can really see in these views

Similar wording

that this is not uncommon.

Similar wording

You have 101, 103, 105,

Similar wording

they all have parking in the front yard,

Similar wording

116, 118, 120, 122, 126.

Similar wording

And then of course, immediately adjacent to 121.

Similar wording

So this is not out of character for this neighborhood.

Similar wording

We have a neighborhood that has off-street parking.

Similar wording

This block has off-street parking

Similar wording

and the majority of cars have that.

Similar wording

And now if you want to look at also availability of on-street parking here, they did a survey and they found that there are, in addition to these, to the majority of the 36 houses having off-street parking, many of them multiple cars, there's an additional 27 spots of on-street parking.

Similar wording

so there is accessible parking on this block.

Similar wording

But more importantly, if we look at the alignment,

Similar wording

this is my client's house 125 and where the cars are parking.

Similar wording

and where the cars are parking. When we add in the driveway on the right-hand side, the space

Similar wording

When we add in the driveway on the right...

Similar wording

between 121's driveway and our driveway is going to be like 21, 22 feet. And so right now, you can

Similar wording

pretty much only put one car in that space anyway, and we're maintaining that one parking space on

Similar wording

the street while bringing the Harley family's car off the street. So it really has a minimum

Similar wording

impact on the near neighbors and parking availability on this street while giving a

Similar wording

great service to this family to have easier access to their home. We did discuss putting a handicap

Similar wording

clockwork in front of the house. And as it turns out, if you did that, you're basically taking away

Similar wording

two parking spots and not getting a car off the street because the handicap spot will require the

Similar wording

entire front of 123. And then you would not have another space to put another car between the

Similar wording

driveway of 121 and where the handicap placard was. So it actually maintains better parking ratios

Similar wording

by putting the driveway on the street rather than having that handicap placard.

Similar wording

So like I said, we met with East Mount Erie. We had two meetings they do, one that is an

Similar wording

an informational meeting, and then a second voting meeting. And at the end of the voting meeting,

Similar wording

they voted to support the variances. The only thing they asked us to do was to consider permeable

Similar wording

pavement for the parking. And we have not made any decisions on that, and we'll absolutely explore

Similar wording

that. But this was the vote. So there was five in support, one opposed, and two in non-opposition.

Similar wording

So, again, I just wanted to summarize that here we have an addition and an off-street parking space that will allow Mr. Harley and his mother to stay safe in their home, safely age in place in this house that his family's had for generations and loved very dearly, with minimum impact to the near neighbors and in a fashion that is consistent with the character of the neighborhood.

Similar wording

So is your client here?

Similar wording

I believe so. Mr. Harley, if you're here, can you raise your hand?

Similar wording

There's a button at the bottom of the screen to raise your hand.

Similar wording

I know he's on the call. I just don't know if he knows how to do this.

Similar wording

He's been allowed to speak.

Similar wording

Mr. Harley, could you state your name and spell it, please, for the court reporter?

Similar wording

Mr. Harley?

Similar wording

Are you muted? You may have to unmute yourself.

Similar wording

Yes, please unmute yourself, Mr. Harley.

Similar wording

There we go.

Similar wording

Stacey Harley.

Similar wording

Stacey Harley.

Similar wording

Okay, could you state your name, please, and spell for the court reporter?

Similar wording

Stacey Harley.

Similar wording

S-T-A-C-E-Y.

Similar wording

I'm sorry.

Similar wording

Do you have on two devices, sir?

Similar wording

No.

Similar wording

it's been

Similar wording

a better time

Similar wording

so council

Similar wording

you're an officer of the court I will accept

Similar wording

your testimony thank you

Similar wording

questions

Similar wording

questions from the board

Similar wording

no Mr. Board no Mr. Chair

Similar wording

no Mr. Chairman

Similar wording

questions or comments

Similar wording

from the virtual audience

Similar wording

don't see any answer Mr. Chair

Similar wording

planning commission

Similar wording

Thank you, Chair Bergman, Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

Board members, comprehensive plan recommends no change to the existing RSA 3 single-family zoning at this location.

Similar wording

With regard to the dimensional variance, the proposed variance is minimal, and we feel it doesn't conflict with the purpose and spirit of the zoning code.

Similar wording

And with regard to the use variance for parking, the proposed use is consistent with adjacent nonconformities on this block.

Similar wording

and we agree represents the minimum variance needed to meet the off-street parking requirement

Similar wording

for the zoning district city planning commission recommends that the board grant the variances

Similar wording

thank you MI 2022-005-573-123 East Gorgas Lane I vote yes

Similar wording

Thomas Holloman my vote is yes James Snell my vote is yes

Similar wording

Ishmael Shahid my vote is yes thank you counsel thank you so much

Similar wording

Okay, we're moving to number 11, MI-2022-005-446, 1200608, Busselton Avenue. Adam Laver is the attorney.

Similar wording

Letter of support from the Somerton Civic Association.

Similar wording

Letter of support from the Somerton Civic Association.

Similar wording

Good morning, Mr. Chairman.

Similar wording

Good morning. Could you state your name, please, and spell for the court reporter?

Similar wording

Adam Laver, L-A-V-E-R.

Similar wording

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

Similar wording

Yes, I do, Mr. Chairman.

Similar wording

The Vice Chair has just a few questions.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Good morning, Mr. Vice Chairman. Yes, I do.

Similar wording

Counsel, have you emailed all of the required exhibits and documents five days in advance to our offices?

Similar wording

Yes, Mr. Shahid.

Similar wording

Thank you. Please proceed. Mr. Shahid, speak.

Similar wording

Thank you.

Similar wording

Mr. Chairman, members of the board, I'm here this morning on behalf of Avelina Management LLC

Similar wording

and its principal, Dr. Violeta Berdichevskaya. Dr. V, as she's known, is a well-respected

Similar wording

family medicine practitioner in Northeast Philadelphia. Also with us this morning

Similar wording

virtually from Harman Deutsch-Oller Architecture is Ryan Solomeo. I have submitted an exhibit

Similar wording

package with 13 exhibits, along with an updated revised proviso plan, which is in line with what

Similar wording

we shared with the community and with Councilman O'Neill's office. I'm not sure if I heard correctly,

Similar wording

Mr. Chairman, but I wanted to state at the outset that in addition to the coordinating RCO support,

Similar wording

there is a letter of support from Councilman O'Neill, which has been submitted and I'll share

Similar wording

with you in due course. Hillary, do we have that? I'm sorry, Mr. Chair. Yes, can you hear me?

Similar wording

We received it as part of the exhibit packet. Okay, thank you. Excellent. Dr. B purchased the

Similar wording

property that's up on your screen just to help situate this. You can see Game Fix and Beauty

Similar wording

House. These are two retail businesses that exist on the parcel itself. She purchased this property

Similar wording

within the last year. Her practice is currently located at 2375 Woodward Street in Northeast

Similar wording

Philadelphia, where she rents. And her hope is that with her vision realized at this Busselton

Similar wording

Avenue site, she would close that location and move to this location. Here are some additional

Similar wording

photographs. You can see on the left in red the subject property. It's a large property with those

Similar wording

two front-facing retail businesses on Busselton Avenue. Here again, an overhead. On the left

Similar wording

is the subject property. You'll see a mix of businesses along Busselton Avenue, but also

Similar wording

it's worth noting, and I'll get into this later, that there's actually a lot of residential right

Similar wording

across the street as well. And another photograph. On the screen before you is the zoning map.

Similar wording

The subject property is zoned CA1 auto-oriented commercial. It's also subject to several overlays,

Similar wording

namely the Northeast Overlay District Map B, which prohibits medical practitioner use.

Similar wording

It's worth noting, Mr. Chairman and members of the board, that if this overlay was not in place,

Similar wording

the underlying zoning district, CA1, would permit the medical office that we are proposing.

Similar wording

At the time of purchase, the subject property was approved for the two businesses that you saw a

Similar wording

moment ago, along with a residential dwelling and 11 parking spaces. There is a hairdresser

Similar wording

located 12008 Busselton Avenue. That lease ends in October of this year. And the game fix retail

Similar wording

that you saw in some of the photographs a moment ago at 12006 has closed. It's not operational.

Similar wording

In the last year, five family medicine physicians in the community have retired,

Similar wording

and there's a need for a medical office to serve this community.

Similar wording

Dr. B proudly serves as the chief medical officer for Veterans Affairs for the Commonwealth of

Similar wording

Pennsylvania. And the proposal for this location would be for a solo practitioner's family medical

Similar wording

practice. One doctor, one administrative assistant, three residential units above,

Similar wording

three residential units above, and an increase to 15 parking spaces. No other businesses would

Similar wording

and an increase to 15 parking spaces.

Similar wording

continue at this property once the medical practice is built. On the screen before you

Similar wording

is the notice of refusal. Number one, residential is not permitted. However, this is an existing

Similar wording

non-conforming use, and furthermore, it's in line with the surrounding area. If we go across

Similar wording

the site, you can see these condominiums right across Busselton Avenue.

Similar wording

The overlay district also prohibits the medical practitioner use, which would otherwise be

Similar wording

permitted within CA1, and the support of the community and the council member speak to the

Similar wording

appropriateness of this use in addition to the need from other retiring practices. The rebalance

Similar wording

of the refusals concern de minimis parking space dimensional relief, and we are seeking to increase

Similar wording

the amount of parking on the site to 15 on-site parking spaces. You'll see that those dimensional

Similar wording

issues are quite minor in terms of the space for each of the stalls. And finally,

Similar wording

the existing side yard at the property is non-conforming, and this would be an extension of

Similar wording

that. Dr. B's practice focuses on nutrition, physical fitness, weight loss, whole health.

Similar wording

She also serves a number of nursing home residents outpatient, which speaks to the low intensity

Similar wording

of this on-site use.

Similar wording

On the screen in front of you, you can see conceptual renderings of what would replace

Similar wording

those two retail businesses with one medical practice with the residences above.

Similar wording

Ground floor would be the medical practice, second floor, three residences, and the floor

Similar wording

above, which really isn't a floor, it would be a non-habitable attic. The overall height is under

Similar wording

32 feet, which fits into the surrounding area. A zoning site plan and floor plans follow.

Similar wording

Here you can see at the ground floor, which is entirely the medical practice,

Similar wording

three exam rooms, again, only one doctor and one administrative assistant.

Similar wording

Dr. B has been in touch with the neighboring restaurant right over here. Uzbekistan Restaurant

Similar wording

has permitted Dr. B and her patients to have additional parking there until 6 p.m. if needed.

Similar wording

This is in addition to the 15 spaces that you can see on site. Her proposed hours would be Monday

Similar wording

through Friday, 9 to 5, with the exception of evening hours on Wednesday nights until 8 p.m.,

Similar wording

And commercial trash pickup, of course, is an important part of the plan.

Similar wording

The basement area, the cellar area, has additional space for wellness and storage.

Similar wording

The ground floor we went through a moment ago.

Similar wording

And the upper floor, the second floor, has three residential apartments.

Similar wording

One, one bedroom, one bath.

Similar wording

Two, two bedroom, two baths.

Similar wording

the somerton civic association we're very grateful for the close working relationship with them

Similar wording

the sca's position is one of support for the requested variances per the revised proviso

Similar wording

plan that does clarify the intention which is for a total of three residential units

Similar wording

and the very comprehensive letter that's been submitted from the coordinating rco

Similar wording

goes through all of the commitments that Dr. B is prepared to make through a private binding

Similar wording

deed restriction. I've highlighted for the board just a sentence or two stating the building and

Similar wording

landscape improvements did not appear at odds with the surroundings or threatened to worsen

Similar wording

the appearance of the property. The plans appear to show that a substantial investment in a property

Similar wording

near the busiest intersection in the neighborhood was being made and the most significant

Similar wording

result of the development would be that a new medical practice would exist to serve residents.

Similar wording

In addition, on the screen is Councilman Brian J. O'Neill's letter I've highlighted. He wrote,

Similar wording