civus
Hearing video

ZBA Hearing - December 13, 2023

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

So the refusal is to...

Similar wording

Ms. Fast-Quest, why don't you go to the photos?

Similar wording

Sure.

Similar wording

So this is photos from the before and after.

Similar wording

So this is what it currently looks like now.

Similar wording

And this is what it looked like before.

Similar wording

I have also included some of the pictures to reflect how the neighbors in the same street use their driveway as their designated parking spot.

Similar wording

Rarely anybody uses at all their garage for their cars.

Similar wording

This is the entire street.

Similar wording

And then this is a block over.

Similar wording

And I have also included on the same street neighbors who have also changed the outside of their garage.

Similar wording

to a similar appearance. And this is the letter of support from the Neighborhood Association.

Similar wording

And then these are the receipts of the mail with the same notice of the same meeting that

Similar wording

were sent out. I have also included, per the RCO's recommendation, the homestead exception

Similar wording

because I know that this is a concern that came up in the meeting, which specified that

Similar wording

this is for only a residential one-family-use home, nothing more, and the certificate of

Similar wording

tax clearance per the requirement. These are the photos that reflect the posting of the

Similar wording

notification of this particular meeting right outside the home. And these are photos that

Similar wording

show that once the work was stopped, once we received the notice of refusal. And then

Similar wording

lastly, I have two supporting letters from the engineer on the reasoning of the work

Similar wording

and the plans for the variance thought out.

Similar wording

I believe he joined the Zoom meeting

Similar wording

so we could speak a little bit more

Similar wording

on the specific of it.

Similar wording

His name is Joseph Bernardino

Similar wording

and he inspected the work confirming

Similar wording

that no structure change was made.

Similar wording

Thank you.

Similar wording

Okay, questions from the board?

Similar wording

And Ms. Vasquez, if there's questions

Similar wording

relative to the engineering,

Similar wording

we'll call your engineer,

Similar wording

but at this point i'm going to take it to the board so questions from the board no thank you

Similar wording

questions or comments mark tourney hillary emerson um yes mr chair i just wanted to

Similar wording

clarify with miss vasquez um so the refusal says accessory storage but is this place can

Similar wording

is this area going to be turned into a living area no okay so is there going to be access from

Similar wording

the accessory storage to the rest

Similar wording

the accessory storage to the rest of the first floor it already has an existing access to it so

Similar wording

of the first floor?

Similar wording

It already has

Similar wording

yes okay all right so it just makes it easier to get to the storage direct access to the storage

Similar wording

okay thank you you're welcome questions or comments from the virtual audience

Similar wording

i do not see any hands mr chair my planning commission

Similar wording

you got ron bednar city planning property is indicated for residential use on the city plan

Similar wording

given the physical circumstances of the site we recommend the request for guidance for granted

Similar wording

thank you mi2023 002 956 9312 whisson gnoming street i vote yes

Similar wording

james snell my vote is yes

Similar wording

miss vasquez you have your votes thank you thank you very much thank you all right so we're going

Similar wording

to go back to the beginning of our list one two number three mi 2023 002 872 1713 north front

Similar wording

street adam laver is the attorney there's a letter of support from fishtown neighbors association

Similar wording

There's a letter of support from Kentington, Fishtown, Kentington Area Business Improvements, and a letter of non-opposition from Council Member Lozada.

Similar wording

Good morning, Mr. Chairman, members of the board.

Similar wording

Good morning, Mr. Laver. Could you state your name, please, for the court stenographer?

Similar wording

Adam Laver, L-A-V-E-R, Blank Rome, 1 Logan Square, Philadelphia, 19103.

Similar wording

Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, Mr. Chairman, I do.

Similar wording

Could you identify your client and relationship to this property?

Similar wording

Certainly. Blank Rome represents 1713 Front QOZB LLC, which does business as Khosla, K-H-O-S-L-A,

Similar wording

Khosla Properties, the owner of the property at 1713 North Front Street.

Similar wording

our vice chair has just a few questions sir thank you good morning counsel do you agree

Similar wording

to waive the reading of the refusal and stipulate to its accuracy good morning mr vice chairman yes

Similar wording

i do have you emailed in all the required documents and exhibits that is needed and

Similar wording

required to proceed with this case five days in the pants of this hearing yes mr shaheed we have

Similar wording

thank you very much please proceed and share the screen thank you

Similar wording

Mr. Chairman, members of the Board, as I mentioned, Blanquoam represents the owner of the subject property, which is located at 1713 North Front Street.

Similar wording

Up on the screen before you is an aerial photo. I must say at the outset that this aerial photo is not up to date because this block and this neighborhood are changing so quickly.

Similar wording

I will show you more up-to-date photos, but I always like to begin with an aerial, and here you can see that what's relevant for context is we are immediately adjacent to the elevated line, the L.

Similar wording

There is a buy-right development currently under construction.

Similar wording

Coastal Properties is a 100% minority-owned Philadelphia-based real estate developer.

Similar wording

Anuj Khosla is the principal who's with us today, along with his director of development, Greg Oldsig.

Similar wording

Kano Design Architects, which has appeared before the board many times, has designed the project.

Similar wording

Harry Jackson Jantz and Thomas Keller are here.

Similar wording

On the screen now, you can see the by-right development, which is under construction,

Similar wording

the permit for the by-right development, and I've taken the liberty of just highlighting

Similar wording

the basics of what's underway. There's a previously approved approval for a six-story

Similar wording

structure with 55 dwelling units, ground floor commercial space, and ground floor accessory

Similar wording

parking for 10 automobiles. That's what was approved in conformity with the zoning code.

Similar wording

Let's go to some current context photos. So we're looking at the subject property.

Similar wording

I'll use the cursor. It includes this structure and the open area to the right. And you can see

Similar wording

that it's located next to Evil Genius, which is a neighboring watering hole. And to the right,

Similar wording

of the property, there's new construction

Similar wording

unrelated to this site.

Similar wording

Here you're just seeing a close-up of the subject property, the area that's unimproved.

Similar wording

Here, you're just seeing a close-up

Similar wording

of the subject property, the area that's un-

Similar wording

You're seeing to the left the Evil Genius, which is to the left of the subject property.

Similar wording

This is Evil Genius, the outdoor beer garden.

Similar wording

And to the right, by the shared party wall, is my client's property.

Similar wording

And beyond it, you can see new construction, another project.

Similar wording

This is a transit-oriented mixed-use prime. You can see the elevated line is right here.

Similar wording

And all around the subject property, there is new development that's under construction.

Similar wording

On both sides of the street, we're looking across the street,

Similar wording

actually to a project that I had taken before you previously.

Similar wording

The site is on CMX 12, as you'll see from the zoning map up on the screen, and moving

Similar wording

to the notice of refusal and the reason we're here.

Similar wording

So I had mentioned that there's a buy-write approval that's under construction.

Similar wording

We received feedback from the RCOs and from neighbors on the code-compliant development,

Similar wording

which suggested that the previously approved accessory parking, 10 required accessory parking

Similar wording

spaces, which took into consideration the appropriate parking reductions, disrupted

Similar wording

the pedestrian sidewalk along Front Street, and that off-street parking was not ideal at this

Similar wording

location. We took that feedback from the neighbors and the community and worked on revising the plans

Similar wording

By removing that required parking, one refusal was generated. That's what brings us here today.

Similar wording

It was suggested by stakeholders that the parking be removed and replaced with active

Similar wording

commercial card or retail commercial. The removal in response to that feedback is this single

Similar wording

refusal. So a couple things that are very relevant for your consideration. Number one,

Similar wording

the proposed change is more compatible with the commercial nature of Front Street.

Similar wording

But perhaps most importantly, upon additional review of the previously approved plans,

Similar wording

implementing the off-street parking, which has to be off of Front Street because there's only

Similar wording

one street frontage here, would be very challenging. The elevated line columns would make installation

Similar wording

difficult, if not nearly impossible, in that cars turning in and out would have

Similar wording

rate difficulty in the required turning radius in and out of that property.

Similar wording

Here you can see some conceptual renderings of the development. And what's really significant

Similar wording

about this conceptual rendering in front of you is that previously we would have had parking coming

Similar wording

in by the elevated, the L column, and some said that created some dead space. Well, here you can

Similar wording

see an idea of activation and working into the neighborhood plan with improvement to the

Similar wording

the previously approved plans for commercial that would be permitted within the CMX3 district,

Similar wording

which excited everybody.

Similar wording

On the screen before you, I know that the type is small, but it's not the details, but

Similar wording

more the concept that I wanted to bring to your attention.

Similar wording

In the upper right-hand corner, in red, you can see the area that previously would have

Similar wording

been parking now uh substituted with retail commercial in conformity with the overwhelming

Similar wording

support of all of the rcos the district council member and the next door neighbor

Similar wording

the coordinating rco letter of support is on the screen before you fishtown neighbors association

Similar wording

noting the positive nature of the activation of north front street as a commercial corridor in

Similar wording

the neighborhood benefits of removing a curb cut which would otherwise pose a hazard to pedestrians

Similar wording

and the attractive design enabled by removing the previously approved garage door.

Similar wording

Similarly, from the Fishtown Kensington Area Business Improvement District,

Similar wording

unanimous support, noting that the updated design would enhance the walkable district.

Similar wording

Quote, we believe that a dynamic commercial space with ample bicycle parking

Similar wording

and the expanded sidewalk is the best use for this area, end quote.

Similar wording

Council Member Lozada notes community support in her letter.

Similar wording

The immediately adjoining neighbor, which is the Evil Genius Beer Company, was deeply involved in reviewing this matter and expressed their support in a letter submitted to the board.

Similar wording

and expressed their support in a letter submitted to the board.

Similar wording

So, Mr. Chairman and members of the board,

Similar wording

the proposal fits into a dynamic, vibrant commercial corridor of the surrounding neighborhood.

Similar wording

The variance would represent the minimum variance to afford relief

Similar wording

and represent the least modification possible of the regulations at issue.

Similar wording

The grant of variance relief will not substantially increase congestion in the public streets,

Similar wording

increase the danger of fire or otherwise endanger the public health, safety, or general welfare.

Similar wording

This will not adversely affect transportation or unduly burdened water, sewer, school park,

Similar wording

or other public facilities. There are no environmental issues. I have the full team

Similar wording

here and at the appropriate time, Mr. Chairman, Mr. Khosla would be pleased to adopt and affirm,

Similar wording

I'm sure. Why don't you bring your client on and adopt your testimony?

Similar wording

Thank you. Mr. Anuj Khosla, would you please raise your virtual hand?

Similar wording

I have a Greg Oldsey with the hand raised.

Similar wording

That's fine. Mr. Oldsey is also with my client.

Similar wording

He's been allowed to speak.

Similar wording

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

Similar wording

Hi, yes. My name is Greg Oldsey, G-R-E-G, and then O-L-D-S-E-Y.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Thank you. Good morning, Mr. Oldsey.

Similar wording

Have you been present for the entirety of this virtual hearing?

Similar wording

Yes, we have.

Similar wording

And you are Director of Development for Coastal Properties, is that correct?

Similar wording

Correct.

Similar wording

And would you adopt and affirm the testimony that I've offered as your own?

Similar wording

I would, yes.

Similar wording

Thank you very much.

Similar wording

Thank you.

Similar wording

What questions from the board?

Similar wording

Excuse me, Mr. Chairman.

Similar wording

Can you hear me?

Similar wording

Tom, we hear you for the first time and it's wonderful.

Similar wording

Thank you.

Similar wording

I have no questions.

Similar wording

Thank you, Tom.

Similar wording

It's great.

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

I see no hands.

Similar wording

Planning Commission.

Similar wording

Ryan Bednar, City Planning.

Similar wording

Property has fully completed the civic design review process based on the revised plans.

Similar wording

We recommend the request for advance be granted.

Similar wording

Thank you.

Similar wording

MI 2023-002-872-1713 North Front Street.

Similar wording

I vote yes with proviso.

Similar wording

Her amended refusal dated 8-21-23.

Similar wording

Thomas Holloman, my vote is yes with provisos.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you, Mr.

Similar wording

Okay.

Similar wording

Okay, MI 2022-002-908-740-44 South Street. Darlene Treat is the attorney.

Similar wording

We, this is a resumptive hearing. We have a letter of opposition from Councilmember Squilla.

Similar wording

uh we're still waiting for information from the rcos um hillary why don't we start to see if

Similar wording

there's anyone from the rcos present yes i see um as three is present um but yes we could ask

Similar wording

if anyone is present from the rcos to give an update we did not receive a letter good morning

Similar wording

darling good morning all right could you just state your name for the record please

Similar wording

and spell it for the course.

Similar wording

Darlene Threatt on behalf of the applicant.

Similar wording

Darlene, D-A-R-L-E-N-E, Threatt, P as in Thomas, H-R-E-A-T-T, as in Thomas.

Similar wording

You swear to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, Commissioner.

Similar wording

Is there anyone from the RCOs present?

Similar wording

I see no hands.

Similar wording