civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

Henry Clinton is the attorney

Similar wording

I'll be back in as a panelist

Similar wording

good afternoon mr chairman mr clinton mr clinton could you state your name please and spell for

Similar wording

the court stenographer sure my name is henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n right

Similar wording

do you swear or affirm to tell the truth the whole truth and nothing but the truth i do

Similar wording

can you do both your cases together 8 and 13 at the same time i think i can mr berg when i

Similar wording

I have a system where I can do the first one and just do topics for the second.

Similar wording

So let me read in to number two.

Similar wording

So MI 2024-000276-1020-30 West Sedgley.

Similar wording

There is a letter of support from the 12th and Cambria advisory groups.

Similar wording

And Mr. Clinton, could you identify your client and the relationship to this property?

Similar wording

Sure, Mr. Chairman. So the first property is 10,000 to 1018 West Sedgley Avenue, LLC.

Similar wording

And the principal of that LLC is to my right, Mr. Joe Wilson, Williams, W-I-L-I-M-S.

Similar wording

And then the second property is 1020 to 1030 West Sedgley Avenue, LLC.

Similar wording

And Mr. Williams is also the sole member of that LLC.

Similar wording

Okay. Just a few questions from our vice chair.

Similar wording

Good afternoon, County. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

Similar wording

Except this morning, we got a letter of support from 12th and Cambria on both projects,

Similar wording

and we also have a letter of support from another RCO that just came in within the hour,

Similar wording

and I have included that in my presentation.

Similar wording

You'll make sure that you send a copy to us, Henry.

Similar wording

Yes, Mr. Chairman.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

Excuse me, Mr. Chair.

Similar wording

We were still waiting for proof of tax compliance.

Similar wording

I just would like to confirm when that was provided to the board.

Similar wording

And that's in my package, too.

Similar wording

We have a clear real estate taxes that were paid March 22nd, and I have proof.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

And you'll send this to us, too?

Similar wording

Yes, I'll send that separately by also having it in my package.

Similar wording

Okay, good.

Similar wording

Thank you.

Similar wording

Can I share my screen?

Similar wording

Please.

Similar wording

Mr. Chairman, is that visible?

Similar wording

It is.

Similar wording

All right. So with me is my client, Joe Williams. He's having some technical difficulty. So he came to my office and just thought it'd be easier to do it this way. So, Mr. Chairman, there's two properties, as you mentioned, that they outset before the board today.

Similar wording

They're side-by-side properties, two separate addresses,

Similar wording

but I'm going to present them, as you suggest,

Similar wording

at almost at the same time,

Similar wording

I'll run through 10-100 to 10-18 West Sedgley first,

Similar wording

and then the second project will be abbreviated

Similar wording

because I'm just going to incorporate a lot

Similar wording

from 10-100 to 10-18 West Sedgley in the second property.

Similar wording

The second property is 10-20 to 10-30 West Sedgley.

Similar wording

So this is the table of contents

Similar wording

for property number 1, 100 to 1018 West Sedgley,

Similar wording

including my table of contents,

Similar wording

refusal A1 through A10.

Similar wording

This is the refusal.

Similar wording

And basically what we're asking the board for

Similar wording

is multifamily use and commercial space

Similar wording

and commercial space on the first floor with 100 units above the first floor on a lot that is about 30,000 square feet

Similar wording

on the first floor with 100 units above the first floor.

Similar wording

and historically has been used as a oil storage facility for Atlantic Richfield, otherwise known as ARCO.

Similar wording

We're also asking for 42 parking spaces, which includes two accessible and two auto share vehicles,

Similar wording

as well as four electric vehicles, and then 40 Class A bicycle spaces.

Similar wording

This is the RCO letter of support.

Similar wording

There are some requests that were made.

Similar wording

One is that we have an environmental report done.

Similar wording

My client purchased this property in 2008,

Similar wording

along with the adjacent property at 1020 West Sedley Street.

Similar wording

At that time, it had numerous above and below ground storage tanks,

Similar wording

All of those storage tanks were removed.

Similar wording

We have a phase one and a phase two, and we've also had monitoring of the dirt and the soil

Similar wording

there for the first couple of years.

Similar wording

Mind you, Mr. Chairman, it's about 15 years forward, and the ground has been used simply

Similar wording

for storage of trucks or automobile and truck repairs.

Similar wording

You'll see from the billing that we present, we do not intend to have a basement, so it's

Similar wording

going to be slab on grade.

Similar wording

So there's not going to really be any significant disturbance of the soil.

Similar wording

The community group also asked us, my client, to set aside 20 bedrooms at $200 below the market rate for use of people in the community.

Similar wording

He's standing right next to me or sitting next to me, and Mr. Williams agrees to that.

Similar wording

And I guess, again, they came, the community was concerned about any toxicity on the ground.

Similar wording

And we basically cleared that up.

Similar wording

And certainly when we go to build any toxic materials that have to be hauled away will be hauled away.

Similar wording

So I want to spend a little bit of time on the photos just to give the board an orientation of what's going on here, because it applies to both properties.

Similar wording

So 100 West Sedgley is where the red mark is.

Similar wording

1020 West Sedgley is where my cursor is.

Similar wording

They're literally side by side.

Similar wording

In 2008, Mr. Williams purchased the property where my cursor is now, and he developed that into a charter school, which is still in play and still a well-recognized charter school in the neighborhood with several hundred students attending.

Similar wording

These two parcels, 100 and 1020, were used, as I said, by ARCO, and they were environmentally distressed.

Similar wording

They've since been cleaned up, and Mr. Williams, who worked for 10 years as an attending physician at Temple Hospital just a few blocks away, has retired, and he thinks this is the time for him to develop this parcel.

Similar wording

He sees positive changes going on in the city.

Similar wording

The charter school is thriving.

Similar wording

And this ground is really not usable for industrial or commercial.

Similar wording

It's in a very odd location.

Similar wording

My cursor is on the train tracks.

Similar wording

This is the West Trenton line that runs from 30th Street Station all the way to Trenton.

Similar wording

But it also is the line that carries most of the Amtrak travel back and forth in and out of the city.

Similar wording

So it's a heavily traveled route. And as you can see on both sides of the trains, you really have industrial uses.

Similar wording

Down to the right is a Pico substation. On the other side of the tracks, you can see there's just storage, trucking companies and large buildings.

Similar wording

Across this street from our project, there is a laundromat and there's a commercial building that houses decor.

Similar wording

There's only 12, and I don't mean to diminish it,

Similar wording

there's only 12 residential structures within earshot of the property.

Similar wording

And if you go to left, you can see this is Allegheny Avenue.

Similar wording

Allegheny Avenue comes down, and because the train tracks are here,

Similar wording

Sedgley Street is really just a means to go down the block,

Similar wording

hang a right, and then pick up where Allegheny is.

Similar wording

So if I ran my cursor straight through the train tracks,

Similar wording

you would pick up Allegheny Avenue.

Similar wording

So Sedgley just kind of hugs the train tracks here.

Similar wording

Three blocks to the west is Broad and Allegheny.

Similar wording

We're only a seven-minute walk to the Allegheny stop on the subway.

Similar wording

We're about a 10-minute walk to the north foot off your station where you can take the R6, the R7.

Similar wording

And then if you walked up Germantown Avenue, we're only about 12 minutes from another subway stop on the Broad Street line.

Similar wording

And again, this layout of the geography and as well as the transit routes would apply also to 1020 West Sedgley Street since they're adjoining properties.

Similar wording

Just a closer view to give you an idea of the width of Sedgley Street here.

Similar wording

And this is a photograph that was taken this weekend looking.

Similar wording

And this is a photograph that was taken this weekend looking eastbound on Sedgley.

Similar wording

The two properties, 10-100 and 10-20, are to the right.

Similar wording

You can see this is a wide boulevard here.

Similar wording

There's a bike lane on the right side, and there's also vehicular parking on the right-hand side.

Similar wording

A barrier has to curve around Sedgley Street.

Similar wording

And then you have another parking lane on the left-hand side with a bike path and with parking.

Similar wording

So there's parking on both sides of the street.

Similar wording

Since there's only a few residences, there's maybe four or five cars typically parked on the opposite side of Sedgley.

Similar wording

And then the laundromat here has about 40 or 50 parking spots.

Similar wording

We actually have approached them to see if we can rent some of their spaces.

Similar wording

That has not happened yet, but that's certainly in the works.

Similar wording

Another photograph on Sedgley, and again, these photographs apply to 1020 Sedgley Street.

Similar wording

This is the charter school on the left-hand side.

Similar wording

That's not going to be disturbed or bothered.

Similar wording

And again, the two parcels are where my cursor is to the left.

Similar wording

You can see the homes that I spoke about across the street.

Similar wording

There's about five or six here, and there's four or five as you make the turn.

Similar wording

But there's ample wideness on the block, traveling in either direction with parking in front of the structure.

Similar wording

And that's why I'm pointing this out and kind of belaboring this point, because on 1020 Sedgley Street, when I get to the refusal for that particular property, you can see we have a refusal for parking.

Similar wording

But some of that parking is going to be alleviated by on-street parking.

Similar wording

So I want to go back to the refusal.

Similar wording

So we only have one refusal, Mr. Chairman and members of the board.

Similar wording

This is in an I-2 industrial zone, I-2 medium industrial, and the only refusal we have is that a residential multifamily use is not permitted in this zoning district.

Similar wording

We don't have any issues with parking, height, open space, rear yard.

Similar wording

It's simply one of use.

Similar wording

These are our zoning notices that we've posted throughout both properties.

Similar wording

Again, these postings apply to both properties.

Similar wording

And this is the plan, and we're calling it Phase 1 and Phase 2.

Similar wording

The lighter color building is the subject of property that I'm presenting now,

Similar wording

which is 1,100 to 1,018 West Sedgley.

Similar wording

To the right, the darker building is the Phase 2.

Similar wording

Again, they're two separate properties.

Similar wording

That's why I have to do two separate presentations.

Similar wording

But on the right is 1,020 to 1,030 Sedgley Avenue.

Similar wording

know. What's unique about this facade is we have a drive aisle in between the building. So we don't

Similar wording

have any parking in front of the building. As you drive out Sedgley, you're going to see this,

Similar wording

you know, beautiful structure where it once was an eyesore, and you're not going to see any

Similar wording

parking. It's all going to be in the rear. This is our zoning chart. Again, I just, I'll go over

Similar wording

this briefly. We are conforming in every aspect, lot width, lot area, occupied area, front yard

Similar wording

setback, side yard setback, rear yard setback, building height. And the only thing that we're

Similar wording

non-conforming with is in the second project with the parking. On the first project, we're

Similar wording

conforming with parking and bike storage at the same time. And you can see the whole area is zoned

Similar wording

I-2, medium industrial. This is a site plan to give you a better idea and better feel for the

Similar wording

project. Again, there's one curb cut on Sedgley, so you can see that there's numerous areas in

Similar wording

front of the building for additional parking if it's needed. I'll ask the architect at the end

Similar wording

what he's calculated in terms of the number of parking spaces that are available on Sedgley

Similar wording

Street. The idea is that you would come through the drive aisle, under the building, under phase

Similar wording

one, which is 1,100 West Sedgley, and come in the back and park. So where this dividing line is,

Similar wording

to the right-hand side, there's 42 parking spaces that will be used for 1,100 to 1,1018 West Sedgley.

Similar wording

And on the left side, 1,20, there are 16 parking spaces. They're not all demarcated. I'll show you

Similar wording

these in subsequent photographs. Here's a better layout that's more detailed. That was kind of a

Similar wording

general site plan. So here you can see we have four spaces for electric vehicles, two accessible

Similar wording

spaces for regular vehicles, and also one for a van. And then we have additional parking spaces

Similar wording

to total the 42. Here's the drive aisle between the building. You would enter the building through

Similar wording

the front into the lobby. We have a mail room, trash room, two elevators, and bike storage.

Similar wording

And then we have this wide open commercial space on the first floor. Mr. Williams doesn't

Similar wording

And then we have this wide open commercial space on the first floor. Mr. Williams doesn't know what type of tenants from a commercial vantage point he'd be able to get for these spaces. We've reached out to the community, let them know the availability. We mentioned it during the community meeting. If they have anybody in mind, we certainly are going to be open arms for anybody who would want to come in and rent the space.

Similar wording

The other thing is part of this commercial space on the right-hand side, it's about 7,500 square feet of commercial space at 1,100 West Sedgley and a little bit less on 1,020 West Sedgley.

Similar wording

But the idea is part of the commercial space, it's going to be flex space.

Similar wording

So we're going to have an officer, a manager's office in the commercial space along with the superintendent.

Similar wording

And also we've offered to the community for their community meetings.

Similar wording

They could also hold their meetings in one of our commercial spaces.

Similar wording

Since I had this planned up, Mr. Chairman, I'll also talk about 1020 West Sedgley, which is project number two.

Similar wording

Again, there'd be an entrance into the lobby area.

Similar wording

We have a mail room, a bike room, two elevators.

Similar wording

And there are also two fire stair towers on 1020 and also two in in 100 in the event the elevators aren't operating.

Similar wording

The other thing is we do have streets approval for the curb cut, for the drive aisle, and streets insisted on having a loading bay for both projects so that commercial trash can be taken away, people who want to move in and move out, and also for deliveries of larger bags or boxes that won't fit into the mailroom.

Similar wording

So we have loading bays in the rear. We also have a privacy fence around the rear of the property, including landscaping, adequately landscaping to give some buffer between the rear of the building and the train tracks, railroad tracks, which are behind the building.

Similar wording

Mr. Clinton, just a quick question. Is there much industrial activity around there?

Similar wording

Not really, Mr. Chairman.

Similar wording

If I go back to the aerial photograph, this is the charter school here, a laundromat across the street.

Similar wording

This is a big storage facility for some type of a home decor company.

Similar wording

There's a Pico substation here, and there's like an early learning center here.

Similar wording

So there's really no industrial, unless you want to call on the other side of the train tracks.

Similar wording

You know, there's some trailer parking, but there's really no industrial that I was able to see in the area.

Similar wording

Thank you.

Similar wording

So this is the typical floor plan for 1,100 to 1,018.

Similar wording

It's a combination of studios, one bedrooms, and two bedrooms.

Similar wording

And this floor plan repeats itself on floors two through six.

Similar wording

It's a six-story building with a large commercial space on the first floor.

Similar wording

So it's a good mixture that we can really appeal to various types of people.

Similar wording

But again, the bulk of the bedroom, excuse me, the bulk of the apartments are one bedroom.

Similar wording

So I don't know if it's necessary, if the chair wants me to go through the floor plans, but, you know, pretty straightforward.

Similar wording

In one bedroom, you're going to have a bathroom, one bedroom and living area.

Similar wording

How about the second property, same?

Similar wording

Same thing. So this is your typical floor plan for the second property at 1020 to 1030, essentially.

Similar wording