civus
Hearing video

ZBA Hearing - January 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 8, 20256h 57m

that was not the intention the intention was you know the because i asked mr ali dot this

Similar wording

you know or you know based on the fact that you have six four units potentially instead of six do

Similar wording

you intend to shrink the building down in any way or change the building configuration and there is

Similar wording

no intention to do that the exterior the exterior yeah from a zoning perspective the interior is

Similar wording

going to be revised the interior is going to be revised that's correct right because right now

Similar wording

this i don't know whether we've seen this before i've seen another unit like this where you've got

Similar wording

the access the only access to the backyard is to that bedroom which is uh which is a horrible

Similar wording

condition to have people that have to go through a bedroom to go to the backyard

Similar wording

yeah i don't i don't know i don't know how it's going to change up like in terms of the the floor

Similar wording

plan we have a pretty deep lot uh with a pretty decent sized building structure here um so you

Similar wording

know i can't tell you exactly how he's going to change things up if if there's going to be a

Similar wording

secondary entrance you know that's not going to be in the bedroom i can't speak to that

Similar wording

the questions from the board yes i mean if the board wants to hold this and for me to provide

Similar wording

updated floor plans you know we'd be more than happy why don't we now why don't we let the other

Similar wording

board members comment first to see what other issues are there okay cheryl yeah okay i i want

Similar wording

to go back to this to the basement where um we're not i guess my concern is uh that um

Similar wording

it not be used for um bedrooms or um living space and and you're not making any reassurances

Similar wording

with respect to that you're talking about some open floor plan i'm not sure what that means

Similar wording

well so the board can you know provide so you know in that respect and we defer to the board

Similar wording

in that respect but i will ask this that if there if there's a proviso of any sort we would just say

Similar wording

proviso of no bedrooms in the basement you know it's good to have the extra use down there

Similar wording

in terms of just like an office down there or just an extra living room down there um you know

Similar wording

people like to have space especially if you're working from home so especially if you have kids

Similar wording

extra play area so if the board gives any proviso i would you know request respectfully

Similar wording

that it would be limited to bedrooms in the basement like no bedrooms in the basement as

Similar wording

opposed to no living at all in the basement and this but this space would be for the first floor

Similar wording

unit only that's my understanding so what about laundry what about mechanicals that's isn't that

Similar wording

going to be in the basement too or how well each of the units are going to have their own laundry

Similar wording

like you know they have their own laundry closet and then yeah and then mechanicals it's typical

Similar wording

like you know yeah they have their own laundry closet okay yeah

Similar wording

like you'll have a space that's set up you know set up for mechanicals the landlord handles that

Similar wording

separate in the part you know if they need access all right the question i have a question can i

Similar wording

can i see the um the floor plans for the third floor for the two one bedrooms just want to see

Similar wording

like their entryway and if there's enough storage perhaps the basement could be storage for

Similar wording

those upper units because they're smaller yeah i just don't think you're going to be able to

Similar wording

because of the width of the property um you're not it's not wide enough it's only 18 feet wide

Similar wording

if it was wider you may be able to create a separate entryway to the basement where everyone

Similar wording

else would have access i don't know if there is the ability to have access that way okay how are

Similar wording

the two how are the two apartments on the second on the third floor split like how would they

Similar wording

go into their doors so i wanted to see that for a second yeah so let me move this here for a

Similar wording

second so you have the staircase here right and you know you come up the steps you make a right

Similar wording

it's unit well here unified but you let's just call unit three and then if you go to left that

Similar wording

says unit six but that's unit four uh and you know again you're walking in you have an open floor

Similar wording

planned here in a way you have like the kitchenette area you have like a living room it's it's a it's

Similar wording

a smaller unit i mean again you know we're looking at people who some people who don't want a lot of

Similar wording

space and some people who want more space and that's always a trade-off but you know this is

Similar wording

their space here and this is their space there yeah i think it's i can't well i'll you know i

Similar wording

would they could provide access to the basement for all the units that's true from the from that

Similar wording

center stairway clearly it could wrap down to the basement and have access to the first floor unit

Similar wording

and all the units above so they clearly could do that um um um they could clearly do that

Similar wording

i'll defer i'm i'm not the architect so i could tell the architect you know that you know

Similar wording

board member johns i am and you could i know you are right but but so but aside from that

Similar wording

we we're always hearing the argument that we've got to do the additional basement living space

Similar wording

because of the cost of the construction right but here we're hearing that we're doing an additional

Similar wording

of that basement space that is literally the size of a full unit, but it's just open space

Similar wording

and it's only going to be for a two-bedroom unit. So it seems cost-wise and from a standpoint of

Similar wording

hardship, why would you even do a basement that's just going to be open space? How can you charge a

Similar wording

two-bedroom unit for that you know so i'm so i think that's a fair argument that's fair that and

Similar wording

maybe that all this i can talk to again we talked to the zoning aid last yesterday afternoon i got

Similar wording

a hold of my clients probably not this morning but this morning but late this morning i can i can

Similar wording

see if he wants to build it on slab or what accommodations he can make for storage in the

Similar wording

basement um again he's not based on my understanding because i want from a zoning perspective i want

Similar wording

to make sure that we whatever the building footprint was and the elevations are like i

Similar wording

want to make sure that we we solidified that because i didn't want to get something approved

Similar wording

and then he comes back and it's like oh i want this smaller and then we have to come back to

Similar wording

this process but i hear you um i can you know let me talk to him let me give you updated floor plans

Similar wording

Maybe that will make it more thoughtful for us to kind of solidify some things rather than trying to maybe solidify things at the building permit stage more so.

Similar wording

So just, you know, if that's what the board wants me to do, we can hold it, you know, for that last part.

Similar wording

Well, why don't we see? Is there anybody else on the board have comments?

Similar wording

Washington comments from our attorney.

Similar wording

Not at least time, Mr. Chair.

Similar wording

Alan, we think this is the community.

Similar wording

This will be the first time they've heard four units.

Similar wording

Yes, that is the first time they've heard four units.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Yes, Chair, Strawberry Mansion Concern will be allowed to speak.

Similar wording

Good afternoon.

Similar wording

Good afternoon.

Similar wording

Just state your name.

Similar wording

You've already been sworn.

Similar wording

My name is Bonita Cummings. Good afternoon, Mr. Chairman and the board. I just wanted to speak about some things that have been stated.

Similar wording

speak about some things that have been stated. 1820 North 27th Street, the community deferred to

Similar wording

1820

Similar wording

Story Managed Community Concern deferred to the board because many of these properties, you know,

Similar wording

had been moved forward, but we expressed our concerns. It turned out that the board

Similar wording

did lower the number of units for 1820 from four to three. In terms of 1820, in terms of 1827,

Similar wording

we we felt the same concerns like this overcrowding in density six units but again you know this is

Similar wording

new that we're hearing right now that there's some consideration for lowering of the units to

Similar wording

to four uh the below basement this below grade living um has has uh become a um like an experiment

Similar wording

to human life actually and there's we're starting to see the effects of that so there's low to no

Similar wording

natural light um the whole uh the ventilation um conditions that go on um with this the outlaw the

Similar wording

outlay of this the design of this uh property uh is like a dormitory style design where the

Similar wording

open stairwells one bedroom units and then therefore there's no family opportunities

Similar wording

in this design for a community that is deemed needing family units was also, you know, a concern

Similar wording

that we had. So, they are looking at lowering the number of units, but I do believe that the

Similar wording

design really needs to come back to make sense. You know, this whole going to bedrooms,

Similar wording

to get into yards, and also even the yard space,

Similar wording

that 78.7% open area,

Similar wording

not accessible to all of the tenants of that property.

Similar wording

And even if it was, it may not be enough space.

Similar wording

This is a property that's going to result

Similar wording

in a lot of people being in that stairwell

Similar wording

because the initial design was one bedroom.

Similar wording

even with the change of the design, the stairwell system needs to change. So I would appreciate if

Similar wording

the applicant has to come back before a decision is made in reference to this design

Similar wording

so that it can be something more acceptable to the community.

Similar wording

Thank you very much. Is there anyone else in the virtual audience?

Similar wording

no chair there are no more hands no planning i'm going to uh we're going to bring this back

Similar wording

for a resumptive hearing um would you want to make comments now or do you want to see the

Similar wording

the plans when they're done we're a hold for the plans thank you thank you very much so

Similar wording

alan will make this as resumptive here you'll come back with changes and um you'll go back in

Similar wording

of the board all right thank you very much sorry just to just to clarify so the resumption hearing

Similar wording

will be for the applicant to present um revised plans for four dwelling units and then any

Similar wording

additional um public comment on that and then the planning commission's recommendation is that

Similar wording

Correct.

Similar wording

Yep.

Similar wording

Okay, thank you.

Similar wording

Okay, and Alan, please stay on.

Similar wording

So number 13, MI 2024-006-166-327 Green Street.

Similar wording

Letter of opposition from Northern Liberties.

Similar wording

Letter of opposition from Council Member Young.

Similar wording

Applicant provided 12 signatures, three from the immediate block.

Similar wording

Could you just state your name for the record?

Similar wording

Yep, Alan Ockamson.

Similar wording

can you identify your client in relationship to the property oh yeah my client is uh midas

Similar wording

investments llc and in the virtual audience is otar kashavili uh the owner of the property

Similar wording

our vice share has just a few questions sir good afternoon counsel do you agree to wait

Similar wording

to read another refusal or stipulate to its accuracy i do have you emailed in other required

Similar wording

documents and exhibits that's needed to proceed with this case five days in advance of this hearing

Similar wording

Oh, yes, we have. Thank you, Council. Please proceed.

Similar wording

All right, so we're here to present 327 Green Street. We're looking to put a duplex here.

Similar wording

uh interesting matter um to left of us uh is a cmx2 property which is a planning community which

Similar wording

is a cmx2 property which is a planned community which obtained zony approval by way of variance

Similar wording

obtained

Similar wording

and it looks like based on what i can decipher like there was a an agreement between the

Similar wording

predecessor to my client's property and that playing community to allow an easement to run

Similar wording

through that property next door to us for to give us one parking space on that property and i think

Similar wording

kind of some of the community opposition

Similar wording

really is just for the planning community

Similar wording

because they never, the people that own

Similar wording

the units in that planning community never

Similar wording

knew that deal was made.

Similar wording

My client's

Similar wording

predecessor and even my client

Similar wording

to date has never used

Similar wording

that easement, but will start

Similar wording

being used. We'll use that easement

Similar wording

by way of development of this property and

Similar wording

I think that's what's upsetting the planning community

Similar wording

is that someone's parking on their property.

Similar wording

But that was part of the agreement to allow

Similar wording

for the variance of the planning community.

Similar wording

So I just think they're against any type of development. So we'll review the notice of refusal. The correspondence from the Northern Liberties Neighbors Association. Again, it wasn't a very well attended meeting. My understanding, there was a few neighbors in the planning community who were just against it because they saw the accessory parking and they're like, how are you parking on our property? And we kind of explained that to them from a legal standpoint.

Similar wording

My client did get a petition going with a letter of support from the person to the right of him. So like the person who would also be impacted has no objection to this use of the property. And it's not out of character either, because we looked at it on that block. There's many properties that are RSA 5, they're multifamily in nature.

Similar wording

Like this property is in the Northern Liberty section of Philadelphia.

Similar wording

It's very expensive, cost prohibitive to buy anything because the single family inventory is seven figures, what you're looking at, many of these properties.

Similar wording

In order to anyone to develop roots here, they're going to have to spend that money.

Similar wording

They're going to have a lot of people who are never going to be able to buy in Northern Liberty.

Similar wording

So to have a diversity of housing, to have something that's a duplex will give people an opportunity to either rent or, if this turns into a condominium, to own it.

Similar wording

So next thing we have is the zoning map, then photographs of the property, then our architectural plans and drawings.

Similar wording

Matt, Master Pasqua, the architect for this project, can answer any questions from an architectural standpoint.

Similar wording

Our RCO meeting notice, again, we had a few people show up.

Similar wording

Like, there are other projects, you know, people showed up for those.

Similar wording

But there are, I think, maybe like three couples that showed up to this RCO meeting for us.

Similar wording

Our application for appeal, our deed to the property, and our certificate of tax clearance.

Similar wording

So this has shown up.

Similar wording

But notice of refusal.

Similar wording

So this is an RSA-5 property.

Similar wording

We have no other dimensional variances.

Similar wording

The only variance we have is to allow this to be used as a two-family household living. Correspondence from the coordinating RCO. Really, it was, again, what Northern Liberties does is they hear what the community has to say, and then the executive board ultimately decides.

Similar wording

you know they weren't like the executive board was not like this is the worst thing in the world

Similar wording

they were more like hey the only people we heard from in the community that showed up to the

Similar wording

meeting was once against them we have to follow what the what those members of the community that

Similar wording

showed up you know for the for the meeting but again you know my client reached out to the

Similar wording

members of the community after the meeting because he didn't think that this would be an issue

Similar wording

and including, you see here, 325 Green Street, you know, received support on the petition.

Similar wording

And then, again, we did an analysis of properties on that block.

Similar wording

So, you know, next door is a three-unit, next next door is a three-unit, 319 is a two-unit,

Similar wording

315 is a three-unit, and 313 is a three-unit.

Similar wording

So not out of character to have multifamily on this block, even though it's RSA 5.

Similar wording

And then again, just the backup data to show like rental licenses and such for these properties.

Similar wording

And then maps of the area.

Similar wording

Again, you know, even though it's RSA 5, you can see through examples that there's a significant amount of multifamily here.

Similar wording

You know, you have a commercial corridor down here as well.

Similar wording

You know, density always helps commercial corridors of this sort.

Similar wording

Also, you tend to have more density closer to those commercial corridors.

Similar wording

And again, you know, this property here, which we have access to by way of an easement for parking,

Similar wording

the people who are against this project are the ones who actually benefited from a variance in the past.

Similar wording

And again, this is Spring Garden Street, where there's a lot of commercial activity.

Similar wording

and again this is spring garden street where there's a lot of commercial activity

Similar wording

And then photos of the property.

Similar wording

So as part of our hardship, my client purchased this property as originally just a row home.

Similar wording

And because of how dilapidated it was, he had to tear it down, which has added considerable expense here that he did not anticipate expending.

Similar wording

So now it's a vacant lot, which is now made it more cost prohibitive to develop it, where now he really does need to have this as a duplex.

Similar wording

The proof of our posting for today's hearing.

Similar wording

Green Street to the right of the property, to the left of the property.

Similar wording

By the way, I believe this is a case that in front of us is the back of this spring garden properties.

Similar wording

properties. And I believe we're behind a shopping mall or strip or some sort of bigger commercial

Similar wording

thing. So you wouldn't typically see a lot of single family behind a shopping mall of this

Similar wording

sort. And that's why I think a lot of the properties on our side of the block on Green

Similar wording