civus
Hearing video

ZBA Hearing - December 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 13, 20236h 13m

So, they're just opposed to anything here. And I think really 4829 Haverford, it does make sense given the size of the lot and the location of the property and the vicinity of multifamily structures for this to be a triplex.

Similar wording

So they're just opposed to anything here.

Similar wording

And I think really for...

Similar wording

So during our presentation, I'm going to review the notice of refusal, the brief correspondence from the Mill Creek Advisory Council, where they again, there are only issues that they referenced in their letter or the dimensions of the property, which they believe were in dispute and asked us to do a survey.

Similar wording

Again, I don't believe there's any dispute in terms of our dimensions, but that was the only reason that they gave to oppose our project.

Similar wording

And as I referenced, nearby recently granted multifamily variances with RSA 5 zoning designation, we have just on Haverford Avenue, 4913, 5110, 5108 Haverford, and then nearby 4801 Fairmont and 5024 Ray Street, all located nearby, similarly multifamily in nature.

Similar wording

Then we'll review the zoning maps and the maps of the area, photographs of the property and the surrounding area.

Similar wording

Examples of interior photographs of other projects that my client through and construction analysis have done.

Similar wording

So you'll see that they're well versed in taking vacant land and converting it into multifamily structures.

Similar wording

Our plantain drawings, and you'll see that our lot, which is almost 2,500 square feet.

Similar wording

comfortably fits three units in there where even having three units on a 2,500 square foot lot,

Similar wording

we're going to have an open area of almost 41%. We'll show you the RCO meeting notice or

Similar wording

application for appeal. Our deeds of property showing that Pebble Development LLC is the owner

Similar wording

of the property and our certificate of tax clearance showing they're in good standing.

Similar wording

At the conclusion of my presentation, I would ask that Mr. Ozcon virtually raise his hand

Similar wording

and then I'll get sworn in and I'll have a few questions for him to answer.

Similar wording

So the notice of refusal.

Similar wording

Yes, this is an RSA 5 property.

Similar wording

This lot is exactly 2,480 square feet.

Similar wording

This is a humongous lot.

Similar wording

And if you notice, the only refusal we have is for the use, the proposed use of three-family dwelling.

Similar wording

there are no dimensional variances at all for this property and there should not be because

Similar wording

of the largeness of the lot and if you look at the the mill creek advisory council uh you know

Similar wording

they said uh let's see uh the only note that they have is no during the meeting residents

Similar wording

questioned dimensions of project lot the developers and their team reported that they

Similar wording

would look at the survey and deed of the property for accurate dimensions. We did. There's nothing

Similar wording

wrong with the dimensions of our lot. Again, there were a few individuals in the audience

Similar wording

and there weren't many. And the only issue they had was that they didn't want any development on

Similar wording

their lot. They live next door and they wanted this as open space and they didn't understand

Similar wording

why there would be any development. And I explained to them that, yes, we're seeking

Similar wording

variance, but we are allowed to build something here. We just can't afford to build something

Similar wording

here given the economics of the situation with interest rates, close to double figures for

Similar wording

investment properties like this, as well as construction costs. It's just not economically

Similar wording

feasible for us to build a single family structure here. And we're asking for three units, which we

Similar wording

believe it's the least modification necessary to fulfill the goals of my client as well as the

Similar wording

spirit of the Philadelphia zoning code. And then it's not out of character to have multifamily

Similar wording

structures that have been approved by this zoning board. 4913 Haverford Avenue, which is a much

Similar wording

smaller lot, was approved for two-family household living. Our lot is, I believe, twice the size of

Similar wording

best scene. And then you also can see that 4801 Fairmont Avenue, again, a much smaller lot was

Similar wording

approved for multifamily use. As well as 5024 Ray Street, again, much smaller lot was approved for

Similar wording

three-family dwelling use. And then 5110 Haverford Avenue, which is again, a much smaller lot than

Similar wording

ours was three uh three family use and then 5108 haverford a much smaller lot was approved for two

Similar wording

families and then maps of the area you can see we're not in a like a just a sole single family

Similar wording

district here yes our block you know there it's rsa5 but there's a ton of rm1 rm2 we're across

Similar wording

the street from chop but even within the yellow a lot of those projects we're talking about

Similar wording

But even within the yellow, a lot of those projects we were talking about were the ones that this zoning board under similar circumstances approved for multifamily use with lots much smaller than ours.

Similar wording

for the ones that

Similar wording

So having a 2400, almost 2500 square foot lot, it's virtually impossible to be able to afford to build a single family house here.

Similar wording

And then we are close by with public transportation, as you can see with, you know, all of the little signs that show buses.

Similar wording

so we have a humongous you know about we have an ability to have you know public transportation here

Similar wording

and then photographs of the property so this is our property uh we're between um uh again uh you

Similar wording

know structures that have been there for a while but our lot's been vacant for some time as you can

Similar wording

see from this you know picture that as you know google earth goes as far back as july of 2007 or

Similar wording

or just 2007. And this has been a vacant lot for almost now 17 years. And this is our property.

Similar wording

So we go street to street from Haverford to Wallace. So this is from the rear of the property

Similar wording

on Wallace. And again, just again from 2007, you can see that this has been a vacant lot on both

Similar wording

sides, both on Haverford Avenue as well as Wallace Street. And then again, proof of posting for

Similar wording

today's hearing from Haverford as well as from Wallace. And then this is Haverford to the right

Similar wording

of the property. And this is Haverford to the left of the property. This is Waller Street to

Similar wording

the right of the property. And this is Waller Street to the left of the property. And then

Similar wording

again, my client takes great pride in the construction and the quality of materials

Similar wording

they use so i always try to provide examples of kitchens and living rooms and and bathrooms and

Similar wording

bedrooms and then our plans and drawings as you can just see here first of all this is a regular

Similar wording

shaped lot i mean it's it's almost like an elbow here um so it makes it very difficult you know

Similar wording

generally to build anything but you can see how much open area we have it's just a very very very

Similar wording

very large lot and again it goes from Haverford all the ways to Wallace and then what we try to

Similar wording

do was emulate basically what the properties next to us have like a porch so we we really

Similar wording

try to mimic that look and feel we try to have like a flat brick building facade

Similar wording

lintels windows that you would expect uh from uh from homes in this area and then and a distinct

Similar wording

cornice line as well and then again because of you know the largeness of the lot you know we have

Similar wording

really large uh units here unit number one is the first floor and lower level is almost 2,000 square

Similar wording

feet. Unit number two is a two-bedroom, two-bath over 1,000 square feet. Unit number three, which

Similar wording

is on the third floor, is also a two-bedroom, two-bath over 1,000 square feet. So we're not

Similar wording

trying to cram in a ton of units into a small lot or in a small building structure. Each of these

Similar wording

units are on its own floor. And there's enough room out there for people to enjoy the rest of

Similar wording

the property and have a sense of community per property that has not been developed in over 17

Similar wording

years and in our RCO meeting notice we met with community earlier this year 62 addresses were

Similar wording

notified in the meeting these are listed the addresses proof of mailing to those addresses

Similar wording

our application for appeal that we filed on behalf of Pebble Development LLC notice of refusal that

Similar wording

went along with that application for appeal our project information form our deed to the property

Similar wording

showing a pebble development llc is the owner of the property and then finally a certificate of

Similar wording

tax claimants showing that they're in good standing with the city of philadelphia so

Similar wording

with that being said i'm going to unshare my screen and i would ask that mr oscon virtually

Similar wording

raise his hand and be sworn in

Similar wording

Do we see him?

Similar wording

Chair, right now, go ahead.

Similar wording

I'm sorry, go ahead, Jason.

Similar wording

Nicole Kershaw, with her hand raised,

Similar wording

we'll allow them to speak at this time.

Similar wording

Okay.

Similar wording

Hi, could you state your name, please,

Similar wording

and spell for the court stenographer?

Similar wording

My name is Nicole Kershaw.

Similar wording

Hello?

Similar wording

Hello?

Similar wording

Hello?

Similar wording

Hello?

Similar wording

Yeah, hi.

Similar wording

Yeah, hi.

Similar wording

Is this the owner of the property?

Similar wording

Is this the owner of the property?

Similar wording

Yes, I'm the owner of $48.31 forever.

Similar wording

You live next door?

Similar wording

Yes, directly next door.

Similar wording

Okay, so let me try to get the owner first,

Similar wording

and I'm going to get right back to you, okay?

Similar wording

Is the owner in the audience?

Similar wording

Excuse me, Mr. Chair, I have another hand.

Similar wording

and race, but they put it down.

Similar wording

I don't believe that was the individual in question.

Similar wording

Okay.

Similar wording

Mr. Nockamson, do you think he's not here?

Similar wording

He was supposed to be here.

Similar wording

I don't see why not.

Similar wording

I'll have Mr. Goldberg text him while we're waiting,

Similar wording

and maybe you can take some questions from the community.

Similar wording

I want to try to do this in order first,

Similar wording

like let the board get in and then go to the audience when it's time.

Similar wording

Look, you're an officer of the court.

Similar wording

We'll gladly take your testimony.

Similar wording

I appreciate it.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Let them know that it's on right now.

Similar wording

Mr. Chair, I have a Kiara Mathis with their hand raised.

Similar wording

I've allowed them to speak at this time.

Similar wording

Hi, could you state your name, please, and spell for the court stenographer?

Similar wording

Hi, my name is Kiara Mathias.

Similar wording

My name is spelled K-Y-A-I-R-R-A.

Similar wording

Last name is M-A-T-H-I-E-S.

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

Are you a neighbor?

Similar wording

Yes, I am the owner of 4827 Haverford Avenue.

Similar wording

Okay, please proceed, ma'am.

Similar wording

Yes, so I have made a letter of refusal for the building of the property for 4829.

Similar wording

I was not able to attend the last meeting, but I did submit a letter of my contestant against the property.

Similar wording

um we've asked that they provide the actual dimensions that they actually came out to

Similar wording

re-evaluate the property in order for them to build it would have to be 16 um 15 to 16 feet

Similar wording

or more and according to our dimensions that's not what it is so we've asked them to provide

Similar wording

that proof in order to be able to build and um when we had our assessors come out it's less than

Similar wording

15 feet um so we are just totally against that because when the city first demolished the

Similar wording

property um they tore all that uh stuff down on my property never stuckled it never put it back

Similar wording

i had to spend 16 000 to put the wall back up and to have someone come out and rebuild against the

Similar wording

wall that they tore down i'm utterly against it number two is that there is a fire hydrant right

Similar wording

on the property. When the construction company comes out to build, where are they going to come

Similar wording

in with the supplies at? Are they going to put it on my property? Are they going to put it on next

Similar wording

door? Because there is nowhere for them to put that construction items. Number three, they're

Similar wording

trying to, I believe, build also on the corner some type of apartment complex. So the neighborhood

Similar wording

is single-family neighborhood with the maybe one or two apartments on the block. There is no way

Similar wording

to have all these multi-families come in and be able to live accurately on the block. So that,

Similar wording

I'm just incontestant of it. I don't want to hold the court too much, but I just wanted to make that

Similar wording

clear. We appreciate you taking the time. Is there anyone else in the virtual audience?

Similar wording

um yes mr chair there is a nicole kershaw i have allowed them to speak at this time

Similar wording

okay hi could you state your name please it's spelled for the court stenographer

Similar wording

my name is nicole kerson nicole n-i-c-o-l-e k-e-r-s-h-a-w right do you swear or affirm

Similar wording

to tell the truth, the whole truth, and nothing but the

Similar wording

truth. I do.

Similar wording

Please proceed. Are you a neighbor?

Similar wording

Yes, I am. I am

Similar wording

the adjoining property

Similar wording

at 4831

Similar wording

Kevin Smith. Okay. All right. Please

Similar wording

proceed. So,

Similar wording

like whoever you're saying,

Similar wording

there definitely is a problem

Similar wording

because, number one,

Similar wording

the dimensions are not

Similar wording

as they are

Similar wording

as they are

Similar wording

recording, okay? I understand

Similar wording

according. Okay? I understand these houses

Similar wording

these houses were built a long time ago

Similar wording

were built along

Similar wording

Well,

Similar wording

and, you know, whatever they were doing,

Similar wording

whatever they were doing, but the recordings are

Similar wording

not accurate because actually

Similar wording

my property is bigger

Similar wording

than what it has been recorded. I just

Similar wording

need to try to scrape up some money

Similar wording

so I can get somebody to come out and do a

Similar wording

survey because I don't want to be

Similar wording

in coastal. Second of all,

Similar wording

if they decide to build,

Similar wording

they're going to build an apartment.

Similar wording

It's a single family

Similar wording

excuse me mr chair excuse me and excuse me ma'am uh i don't know if the court your your um

Similar wording

your speech is a bit muffled i'm thinking maybe an issue with your audio and i'm not sure that

Similar wording

the court reporter is able to follow everything that you're saying i want to speak a little bit

Similar wording

slower okay i'm sorry sorry as i say

Similar wording

ma'am ma'am ma'am we're having a hard time we understand do you have your mouth i'm sorry chair

Similar wording

is your mouth too close to the speaker or the microphone because you're muffling and we're

Similar wording

recording this and have a court reporter we can't understand you clearly so if you can do that that

Similar wording

would be very helpful. I'm sorry, Terry.

Similar wording