civus
Hearing video

ZBA Hearing - October 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20216h 56m

want peter i just want to make sure we understand for the right for the record and i don't it's

Similar wording

not disparaging i just want to make sure we have it for the record again i respect everything you

Similar wording

do uh having known qvna for a very long time and your process you never really took a vote

Similar wording

on how the immediate neighbors would feel

Similar wording

about the redevelopment of this particular parcel.

Similar wording

Is that right?

Similar wording

Mr. Anastasia, why are you grilling me?

Similar wording

You presented that.

Similar wording

I'm just asking you, sir.

Similar wording

I'm sorry.

Similar wording

I'm sorry.

Similar wording

I'm sorry.

Similar wording

Just to ask you a question.

Similar wording

This is Tanya, the administrator.

Similar wording

Can you please just answer the questions

Similar wording

so we can move on?

Similar wording

It's 5.15.

Similar wording

Sure.

Similar wording

Question again, please.

Similar wording

Vernon, you're still muted. Vernon, you're muted.

Similar wording

Mr. Anastasio, he has confirmed several times that they did not take a vote.

Similar wording

And the reasons why. Vernon, you're still muted.

Similar wording

Vernon, you're muted.

Similar wording

Could anyone hear me? I can hear you. Yeah, I can hear you.

Similar wording

I was unable to unmute myself, but now I am, and I thank the administrator for that.

Similar wording

Just for the record, you did not take a poll or a tally of the vote as to who supported

Similar wording

the redevelopment of this revised plan as opposed to who did not.

Similar wording

Is that correct?

Similar wording

That's correct.

Similar wording

Thank you.

Similar wording

And that's all I have, Mr. Chair.

Similar wording

Thank you, Peter.

Similar wording

Thank you, Peter.

Similar wording

I'm ready.

Similar wording

Mr. Bonney?

Similar wording

I'm ready if Vern can relinquish control of the screen please. Sure.

Similar wording

I'm ready.

Similar wording

If Vern can relinquish control of the screen, please.

Similar wording

Sure.

Similar wording

Okay, thank you.

Similar wording

Okay, I'll be as brief as possible. This is our letter that you've seen.

Similar wording

This, whoops, I think we have, let's see here.

Similar wording

This is our form. This is our footprint. And as you can see, the property I've tried to circle in green touches our footprint. It's the first property next to our footprint.

Similar wording

We have just a context photo put together by our association that shows the sidewalk dimensions with the extension bump outs that I think are still there from Downey's.

Similar wording

As the chairman may know, it gets awfully narrow walking on that particular stretch, especially with the streetlights and whatnot.

Similar wording

I thought I heard Mr. Anastasia or the architects say they were reducing that, they were pulling it back in closer, if I heard that correctly.

Similar wording

I think the length, but the record will be what it is.

Similar wording

I think so. I just want to show also the board on the bottom of the screen, the block. This is the north side of the first block of South Street.

Similar wording

And as you can see, all of the, it looks to me, you can draw your own conclusions, but all of the buildings on the north side of this block of South Street seem to be three stories.

Similar wording

Maybe there's one with four stories at the other corner, but it is what it is, and I think the photo sort of speaks for itself, and so I'll let it speak for itself.

Similar wording

I think you also know, I don't think it's too much of a stretch to say that the board chair and other members of the board know that there's, I think, a thriving Pietro's pizza restaurant on that block.

Similar wording

There's a Thai food restaurant on that block that does pretty well.

Similar wording

And then here, I'm going to ask you to ignore the bottom drawings because those were before the applicant took off five feet.

Similar wording

So the bottom ones aren't really accurate in that they're five, five and a half, five feet, maybe five and change too high.

Similar wording

But the top ones, including, let's say, the top middle one that shows existing buildings from the east.

Similar wording

So that is the, you know, more of the block of Front Street, which is the context for this property.

Similar wording

To the extent that Mr. Anastasio made a argument that this property is zoned incorrectly, I don't think there's any evidence to that.

Similar wording

This is the City of Philadelphia's central district plan talking about the need to rezone a lot of properties in Center City, but not this stretch.

Similar wording

In fact, just along South Street, there is right here, across the street, some rezoning might be appropriate to align the uses to the existing land use.

Similar wording

So I think it's fair to say that if the city of Philadelphia thought that this block of South Street on the north side should be rezoned, they would have flagged it in this district plan.

Similar wording

Finally, well, not finally, but next, I want to say if we're looking for a gateway to this end of South Street, we have a gateway, literally, to this end of South Street.

Similar wording

I don't think people coming across this bridge, which there's going to be a lot of people coming in the future across this bridge from the river to South Street are not going to know which street South Street is.

Similar wording

And just very quickly, I want to show that on this particular block, there's a wedding gown store that is currently being renovated and redeveloped with two stories above the first floor retail.

Similar wording

This is the buy right approved plans from the city Atlas materials showing that they are 38 feet high at the rooftop right.

Similar wording

materials showing that they are 38 feet high at the rooftop right here. Next, I'm going to show

Similar wording

just very briefly Bridget Foy's, which is exactly one block away, which is 38 feet high at the

Similar wording

cornice line. And then there's a parapet, I'm sorry, 30, well, let's take a quick look.

Similar wording

32 feet to the cornice line, 39 feet to the parapet, to the top of the roof, 43 feet.

Similar wording

This is also, by the way, by the same architect that's in front of you today,

Similar wording

ambit architecture. I think that we can all acknowledge that Bridget Foy's, which with its,

Similar wording

this indicates three dwelling units, three dwelling units above the restaurant,

Similar wording

is a going concern. And that's, I guess, just in closing, I'd say there's been zero hardship

Similar wording

demonstrated. To say that you can't make the numbers work on this zoning classification

Similar wording

is not a hardship. That's nothing unique to this property. That would be attributable. That argument

Similar wording

would also go to any of the zoning classifications on this block and in this area. That is a

Similar wording

disagreement. That is a complaint about the law. That is not a complaint about the property. That

Similar wording

is a complaint about the law and that complaint does not belong here at the zoning board because

Similar wording

it cannot support a claim of hardship that complaint goes to city council and to the

Similar wording

planning commission and to ask for a rezoning of the property which i would doubt the city of

Similar wording

philadelphia would do but if that discussion is to be had at the planning commission or the city

Similar wording

council we're happy to we're happy to be part of that discussion i'm sure queen village i don't

Similar wording

and speak for them, but they may want to be part of that discussion also. But at the end of the

Similar wording

day, once the old down is demolished, this will be a vacant, perfectly rectangular parcel or

Similar wording

combination of parcels in the city, in central, in center city, Philadelphia. And there's zero

Similar wording

hardship. Zero is a nada, zip, squat, bupkis, the big goose egg. I don't think that a variance

Similar wording

granted in this case, let alone variances for way over the height, way over the number

Similar wording

of units, I don't think that that's a sustainable decision. And I want to thank you for hearing

Similar wording

me out and uh uh i hope you deliberate um and come to the right decision thank you mr chair

Similar wording

madam vice chair thank you everyone okay mr chairman i only have a couple uh items to

Similar wording

counter on that i'll be really quick i promise you don't break your promise

Similar wording

you know i won't carol i never break from mr anastasio since i believe there are other people

Similar wording

waiting to testify. Would you rather hold your comments until they've been heard? Yes, that's

Similar wording

fine. Thank you. Okay. Anyone else would like to testify in this case, please raise your hand.

Similar wording

It's so sweet. We have Naomi, please unmute you. Naomi, please spell your full name and I'll

Similar wording

I'll swear you in.

Similar wording

Ms. Naomi, you need to unmute yourself.

Similar wording

We have Sam, we can move on, Chair, we have Sam.

Similar wording

Move to the next part.

Similar wording

Sam, please spell your full name and I'll swear you in.

Similar wording

he's been allowed to speak sir

Similar wording

hello

Similar wording

anyone else out in the audience while we're waiting

Similar wording

we have mike harris i'll allow him to speak yeah mike harris please spell your full name

Similar wording

identify yourself and i'll swear you in um thank you mr chairman um mike harris uh m-i-k-e-h-a-r-r-i-s

Similar wording

uh i figured since my name's been invoked a few times i should at least uh let you know i'm here

Similar wording

yeah just for the record uh tell everybody who you are yes sir yes i'm the executive director

Similar wording

of the south street head house business improvement district you swear a firm to tell the truth the

Similar wording

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

Similar wording

the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

I do.

Similar wording

Thank you, sir.

Similar wording

Thank you, sir. Please proceed.

Similar wording

Thank you. I just wanted to clarify a couple of things or answer any further questions.

Similar wording

To Mr. Piven's point, I believe I'm looking at the refusal.

Similar wording

The zoning district for this property is CMX1, not RM1.

Similar wording

There is RM1 on the block, but this parcel is a CMX1 zoned lot.

Similar wording

Also, to Mr. Bonnie's point, the wedding shop has closed.

Similar wording

They moved and closed, so they're not a viable business on the block anymore.

Similar wording

The block currently has about eight viable businesses and five vacancies,

Similar wording

so we're sitting at about a 30% vacancy rate on that block.

Similar wording

I just wanted to make that a point of fact.

Similar wording

The third is we have had three as the coordinating RCO, along with QB&A and Society Hill.

Similar wording

We have had three hearings, as articulated in my letter, August 4th, September 9th,

Similar wording

and October 13th. I think all that was detailed in my summary letter. And so we have met three

Similar wording

times and plans have adjusted according to those hearings. So I will leave my testimony at that

Similar wording

since it's getting close to 530. No worries. Thank you. Any questions for Mr. Harris?

Similar wording

Just one briefly. Mr. Harris, you do in fact support the granting of this variance. Is that

Similar wording

right the can you hear me uh the uh board of the society south sorry south street head house

Similar wording

district voted unanimously to uh support this as our indicated in our letter and yes i i do support

Similar wording

it i've worked with mr weiner since 2017 i've been through the building multiple times uh after he

Similar wording

acquired it uh you know to get people out of there to secure the building to deal with the building

Similar wording

and um uh yes and and i did want to point out i'm looking at my notes i did want to differentiate

Similar wording

the difference between a gateway and an anchor building um i think that uh to mr bonnie's point

Similar wording

the this would be an anchor building yes the gateway coming across the pedestrian bridge

Similar wording

is a gateway but when you land and start the corridor downies always served as an anchor

Similar wording

building it it was a gateway and it was also a uh you know an entry way to the corridor and

Similar wording

i would and my board feels the same way about this proposal that um with a restaurant there

Similar wording

it is more of a an anchor building than and you know a literal gateway to the district

Similar wording

thank you any further questions mr anastasio none for me sir may i ask a question please

Similar wording

mr bonnie mr harris would you agree with me that for the middle middle community meeting

Similar wording

hosted by your organization that only a few hours notice was given to qvna and i think

Similar wording

no notice given to society hill civic which is why we held the third meeting mr bonnie um

Similar wording

at QB&A's request. We held the official meeting on August 4th, and there was notice given out to

Similar wording

all the affected neighbors. The September 9th meeting was a standing committee meeting of the

Similar wording

South Street Real Estate Committee, and so where we were going to discuss what took place on August

Similar wording

4th, but it is all of our meetings, our public meetings, and as a result of the low turnout for

Similar wording

september 9th we did agree and and request along with you and along with uh queen village to host

Similar wording

a third meeting um to and and i will say cuban a did a great job of getting notices out and getting

Similar wording

60 people there um but uh it was the same plans as presented on september 9th yes but your but

Similar wording

your answer did begin with a yes is that correct yes my answer is it was a public meeting and uh

Similar wording

anybody could uh attend at any our public meetings okay but by the way i'm problem with the word yes

Similar wording

but okay okay yeah thank you by the way mr harris uh are you not aware that uh my office on behalf

Similar wording

of my client engaged the professional mailing company to invite all uh relevant participants

Similar wording

to each and every community meeting is that right we we start our meetings with a confirmation that

Similar wording

uh the applicant has done the appropriate mailings and uh that uh before we begin the rco meeting

Similar wording

that's standard practice for our organization but that wasn't that wasn't done for the second

Similar wording

meeting because let me clarify that was a standing committee meeting that is open to the public

Similar wording

at which we discussed and anyone can join at which we discussed the matter that was discussed on

Similar wording

august 4th so it did not require a separate mailing it was a standing real estate

Similar wording

forth so it did not require a separate mailing it was a standing real estate committee meeting of

Similar wording

the board but anyone from the public can and did join us but it did not require a separate mailing

Similar wording

but the initial meeting sir and the subsequent meeting the qvna all of that was mailed to 100

Similar wording

to folks is that right um well that's the best of your responsibility but that's my understanding

Similar wording

yes that's correct yep okay thank you okay mr bonnie no more questions thank you uh anyone

Similar wording

else to testify in this case thank you mr harris no more here sir thank you planning commission

Similar wording

those other hands went down yes okay planning commission good evening chair peter bernard

Similar wording

for the planning commission this property is indicated for commercial mixed use in the

Similar wording

comprehensive plan we feel the existing cmx1 zoning is out of date and not reflective of

Similar wording

south street which is predominantly cmx2 2.5 and 3 the current zoning dates 1974 the district

Similar wording

plan was adopted in 2013 this proposal supports redevelopment of the waterfront and south street

Similar wording

while serving as a gateway connection between the two via the south street bridge the revised plans

Similar wording

complement the character of the neighborhood and scale of recent approved development

Similar wording

accordingly the planning commission recommends the board approve the variances

Similar wording

fern are there revised plans we do have revised plans that we sent to attorney how many pages

Similar wording

how many pages uh rich rich uh who's the uh architect can tell you how many of the

Similar wording

actual pages are revised i think rich is here mr villa still available

Similar wording

are these new revised plans or revised plans that we've already seen um mr anastasio did

Similar wording

you send this as a separate email to me and is there a um proviso plans form it's been i did i

Similar wording

I emailed you the revised plans, and then I emailed you the proviso form that's signed by Mr. Villa.

Similar wording

The Z1 and Z2, the two first plans, they're all representing what we discussed today with the revisions that were over the first three meetings.

Similar wording

But the first two sheets were the only sheets that were sent to zoning, so Z1 and Z2 would be the appropriate pages.

Similar wording

So two sheets dated today, Rich, 10-19, is that right?

Similar wording

I don't have them, I'd have to look.

Similar wording

Excuse me, this is Sharon, but I have not reviewed these.

Similar wording

I did not, sorry if I missed them,

Similar wording

but I do like to check the proviso plans form

Similar wording

before it's voted on.

Similar wording

So if you can give me just a minute.

Similar wording

If I make sure that the RCLs have the current plans

Similar wording

that are being voted on yeah i mean uh these were the ones presented at our last meeting but

Similar wording

yes we can make sure that you have them but they're dated today you said no they're not

Similar wording

dated today no they're not dated today the proviso form was stated today could we see

Similar wording

the proviso form i'm not even sure what that is it's a form that it's a proviso one at a time

Similar wording

gentleman mr villa the proviso form i emailed to verne and i believe he emailed it to sharon

Similar wording

um i can't pull it up but uh that just transmits the transmits the drawings is that correct that's

Similar wording

correct but it also lists the three differences between the initial refusal and what was in the

Similar wording

last meeting so that would be the lot coverage the height and density

Similar wording

could i ask that the board hold the vote until next week until we can assure ourselves

Similar wording

we're voting it today we're voting it today thank you excuse me i received them at 12 59 today

Similar wording