civus
Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

Allison okay now try speaking Ms. Weiss just talked

Similar wording

Planning Commission

Similar wording

Good afternoon board Peter Bernard for the Planning Commission

Similar wording

this property is indicated for single family residential use in the comprehensive plan

Similar wording

it is clear from the materials submitted by the applicant that the property has a history

Similar wording

of being used as a multi-family property we do not feel that the property proposed use would

Similar wording

have an adverse impact on the surrounding community accordingly we have no objection

Similar wording

to the granting of the variances for use and parking thank you mi-2020 this is um sharon

Similar wording

saletta i know ms weiss has emailed about this case if she would like to put something on the

Similar wording

record she can call me and i will put her on speaker phone tanya do you have any way of

Similar wording

what's that sharon of contacting miss weiss no okay

Similar wording

do you want me to try her i have her look like she hung up

Similar wording

so she's probably going to call you okay so she hung up

Similar wording

i'm happy to try and call her as well well we're not going to hold this case up

Similar wording

I mean, with all due respect, we have other cases to hear.

Similar wording

I appreciate your offer, but...

Similar wording

and they sent the letter right yes ma'am so we're good

Similar wording

And they sent the letter, right?

Similar wording

Yes, ma'am.

Similar wording

So we're good.

Similar wording

okay thank you all right mi-2020-000799 160 manheim street my vote is yes um she's calling

Similar wording

right now my vote is yes my vote is yes my vote is yes allison are you there

Similar wording

Yeah, I'm here.

Similar wording

They just voted the case?

Similar wording

Yeah, I'm the only license that was on record that we had access to had single-family rentals.

Similar wording

I hear what she's saying, and she's not under oath.

Similar wording

Maybe you can have a conversation with her, Sharon.

Similar wording

I will.

Similar wording

Yes, I'll do that.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Next case.

Similar wording

Okay.

Similar wording

Am I?

Similar wording

You're welcome.

Similar wording

Medium item MI 2020, 001009, 809 Diamond Street.

Similar wording

Attorney is Jeffrey Young.

Similar wording

What number is that, Professor?

Similar wording

The first one on the 330 list.

Similar wording

Mr. Young, you have been promoted to a panelist.

Similar wording

You can share your screen and unmute yourself and wait to be sworn in.

Similar wording

Great. Can everyone hear me?

Similar wording

Yes.

Similar wording

Yes, and I believe you've already been sworn in, Mr. Young.

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Yes. Good afternoon.

Similar wording

You have some other questions. Confessor?

Similar wording

Yes. You agree to wait the reading of his refusal and stipulate to its accuracy?

Similar wording

yes have you emailed an exhibit packet within with the required documents proof of ownership

Similar wording

proof of tact compliance copy of the refusal or referral photos and plans five days in advance

Similar wording

of this hearing so the exhibit packet was emailed i'm not sure if it was received

Similar wording

okay it was received it was received i don't believe until yesterday but it was received

Similar wording

okay okay have you met with the rco and have a letter yes we have met with the rco and have

Similar wording

a letter of non-opposition okay mr chair

Similar wording

mr young you're swearing we're a sworn man he's sworn in already yeah yes please proceed

Similar wording

Thank you. Good afternoon, members of the board. Again, Jeffrey Young, 3900 Ford Road, Suite B, Philadelphia PA, 19131. I'm here today representing the applicant, 800 Diamond LLC.

Similar wording

800 Diamond LLC owns the subject property located at 809 West Diamond Street and 811-13

Similar wording

West Diamond Street. On or about May 12th, the applicant filed an application with L&I

Similar wording

seeking to consolidate the lot lines for the properties to develop 11 multifamily apartment

Similar wording

units. Three refusals were generated and I will go through those refusals in a

Similar wording

second. Here are the D's for the property.

Similar wording

The next slide should be the Philadelphia tax clearance. And here is

Similar wording

an overlay of the zoning for the property. The property is located on the northwest corner of

Similar wording

Darien and Diamond Street in North Philadelphia section of the city, and the property is currently

Similar wording

zoned as CMX2, which, as we all know, is a commercial mixed-use zoning district.

Similar wording

Now, if you take a look here at the map, you see everything in the orange is a residential

Similar wording

multifamily. And everything in this light pink color here is CMX2. And our property is where

Similar wording

this black arrow is, situated on the northwest corner. As you can take a look here from Germantown

Similar wording

Avenue pretty much to the east, to 10th Street, to the west, most of the north side of Diamond Street

Similar wording

is zoned with the CMX2 classification. However, there are very, very little commercial uses

Similar wording

on this stretch of Diamond Street. This stretch of Diamond Street is primarily residential

Similar wording

outside of your traditional bodega corner store.

Similar wording

um outside of your traditional um bodega corner store which primarily are

Similar wording

situated on the south side of diamond street

Similar wording

again as i mentioned the proposal is to uh to build 100 residential use for 11 units

Similar wording

as you can see from the rendering uh the design combines traditional red brick

Similar wording

of the neighborhood with some modern elements um by right uh the applicants are able to build

Similar wording

uh six units um however i'm trying to conform uh the project with the neighborhood

Similar wording

has generated our refusals.

Similar wording

The, again, three refusals were generated by Illinois.

Similar wording

The first refusal was issued after the department determined

Similar wording

that a residential use on the ground floor is prohibited

Similar wording

in CMX2 zoning districts.

Similar wording

the second refusal was generated because the department determined that only six

Similar wording

residential units could be built on the site without the requested relief

Similar wording

and the third refusal was issued regarding the proposed open space

Similar wording

of the development uh lni has determined uh that we do not meet the the open space uh requirement

Similar wording

here. So I'm going to discuss the project. Again, so the project, we're asking for 11

Similar wording

multifamily units. The unit will consist of, excuse me, on the first floor through basement

Similar wording

level one by level two-bedroom unit in the first floor uh rear there's two-bedroom two-bathroom

Similar wording

units and from floors two through four there will be two-bedroom two-bathroom there'll be

Similar wording

one two-bedroom two-bathroom units excuse me and two one-bedroom one-bathroom units

Similar wording

uh here shows the breakdown um i can zoom in if there are any questions of the breakdown

Similar wording

on what the unit sizes are but you can zoom in that would be helpful yes

Similar wording

large moment to swing yeah yes I will zoom in here should be one unit will be

Similar wording

about the first floor units will be about a thousand square feet and the two

Similar wording

bedroom units will be about 700 square feet i will scroll down the floor plan on the right is on the

Similar wording

left excuse me is the first floor plan um and on the right or floors two through four i'm have the

Similar wording

same design i'm going to scroll back out here just going to show you some pictures of the property

Similar wording

Currently, the property is a vacant lot. There previously was a church on 811-13 that was

Similar wording

dilapidated, underused, floors collapsing, roof collapsing, so there was no potential rehab or

Similar wording

use of that particular building. The property at 809 was previously abandoned property owned by

Similar wording

the Philadelphia Housing Authority here you can see this is the current view of

Similar wording

the property again it's a vacant lot the previously these are the previous

Similar wording

structures on the property as you can see a boarded up property at 809 was

Similar wording

Philadelphia Housing Authority was not using and again a church here that was

Similar wording

underutilized with major damage to give you a feel for the neighborhood this

Similar wording

neighborhood has a lot of vacancies and therefore as is right for development as

Similar wording

you can see in this picture there's new construction going on this is the this

Similar wording

is Darien Street looking north this is also Darien Street to the north of our

Similar wording

project um with uh 9th street looking straight through this vacant lot here

Similar wording

this is the south side of diamond street this is directly across the street uh from our uh property

Similar wording

and this is the south uh excuse me south west southeast corner um of eighth

Similar wording

and diamond this is the eighth and diamond playground um and also the

Similar wording

um and also the another property across the street from ours is the uh a neighborhood deli

Similar wording

again more vacancies in the neighborhood this is directly to the east of our property

Similar wording

uh more vacancy in this this neighborhood this neighborhood um is pretty much blighted and is

Similar wording

of need of some major uh redevelopment um in order to to be sustainable and so support um you know

Similar wording

the city services and things as such here's an overview of the neighborhood uh if you look to

Similar wording

the left you'll see a yellow star that is where our property is um and if you can see much of the

Similar wording

green that's here again just to give a picture of the amount of mass vacancy in this neighborhood

Similar wording

and the amount of development it would take to get this neighborhood back to a productive use.

Similar wording

Here is a property that is directly south, one block south of our project,

Similar wording

just to give a sense of the size and scale of the types of development

Similar wording

that are coming to this particular neighborhood.

Similar wording

This is on Darien and Norris, which is exactly one block south of our project.

Similar wording

here is a property that is three blocks away at 11 in sesquahanna again showing you the size

Similar wording

um and scale of the types of development that is happening in this particular neighborhood

Similar wording

um our proposal is not um outside of the the size um and scale um of this particular neighborhood

Similar wording

and here is a view of the front of that particular building again our trash will be stored in the

Similar wording

basement as well as a bicycle storage our client is committed to building

Similar wording

affordable housing the neighborhood this is a rendering of project that our

Similar wording

client is building I'm at 11th and diamond in this particular neighborhood

Similar wording

also on the 1900 block 2000 block 2100 block of North 8th Street they're

Similar wording

currently developing 30 affordable housing units and currently have more

Similar wording

affordable housing units in this neighborhood then they have market rate units in this neighborhood

Similar wording

um so my client is committed to developing in this neighborhood not just market rate units

Similar wording

but also affordable housing units um as well

Similar wording

and you know with that um i in my presentation and ask the board do they have any questions

Similar wording

do you have any witnesses mr young uh yes um the one of the principals uh max krankel

Similar wording

oh could you please uh identify yourself spell your name for the record and give us your address

Similar wording

max you can unmute yourself and wait to be sworn in perfect

Similar wording

all right max please again uh spell your name first and last name for the record

Similar wording

max frankel m-a-x-f-r-a-n-k-e-l uh 1401 spruce street apartment 1306 philadelphia pa 19102

Similar wording

to tell the truth the whole truth and nothing but the truth i do thank you please proceed mr young

Similar wording

Max have you heard my testimony I have can you stipulate to the accuracy of my testimony

Similar wording

it is 100 accurate do you adopt my testimony as your own I do thank you Mr. Chair thank you

Similar wording

uh any questions from the board no that's true anyone else wish to testify in this case if so

Similar wording

please raise your hand no hands sure thank you planning commission good

Similar wording

afternoon board Peter Bernard for the Planning Commission these properties are

Similar wording

zoned for commercial mixed-use the applicant has not demonstrated a

Similar wording

sufficient hardship for the ground floor commercial additionally we feel the

Similar wording

density of the residential component represents an overuse of the property

Similar wording

accordingly we object to the granting of the variances for use open space and

Similar wording

height thank you mr chair may i uh address the the height issue we are not refused for height

Similar wording

um on this particular project um our only refusals are for the use of the properties

Similar wording

um i understand the planning commission may say uh feel that it's an overuse um however if you

Similar wording

look at this particular neighborhood um commercial uses are not viable on this diamond street um

Similar wording

Quarter so all we're asking is to replace the commercial uses that are required on the first floor with a hundred percent residential uses

Similar wording

Which match the entire neighborhood primarily so noted. Thank you

Similar wording

MI-2020-0014

Similar wording

mi-2020-001406 809-13 diamond street my vote is yes my vote is yes my vote is yes my vote is yes

Similar wording

my vote is yes thank you mr chair that clues my business i may excuse yes you may have a good

Similar wording

have a good day thank you okay uh meeting item mi 2020-000702 3401 tampa street

Similar wording

this is Sharon um we didn't receive exhibits for that Mr. DeMarco is listed as the attorney

Similar wording

but he he was unfamiliar with the case if you could continue it he's going to look into it

Similar wording

Yeah, because earlier you said I'm done for the day. I was curious. Okay. MI-2020-000702, 3401 Tampa Street is continued.

Similar wording

Okay. Medium item MI-2020-001-214-531-Live Z Street.

Similar wording

that is l-i-v-e-z-e-y street mr black you've been promoted to a panelist

Similar wording

you can share your screen as necessary and wait to be sworn in okay we're can you hear me okay yes

Similar wording

okay good evening sir uh you swear to affirm to tell the truth the whole truth for nothing but

Similar wording

the truth yes i do uh and do you agree to waive the reading of his refusal and stipulate to its

Similar wording

accuracy yes i do okay have you emailed an exhibit packet with the required documents proof of

Similar wording

ownership proof of tax compliance copy of the refusal or referral photos and plans five days

Similar wording

in advance of this year yes yes i have okay it was only one thing if i can comment the letter

Similar wording

from the RCO, they forgot to do it, and she sent it to me on Saturday with an oops, oops.

Similar wording

No problem.

Similar wording

Did you meet with the RCO, though?

Similar wording

Yes, I met with them.

Similar wording

I have the minutes.

Similar wording

This is Sharon.

Similar wording

I can confirm that we received a letter from the RCO, and they support the application.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Can you please identify yourself for the record?

Similar wording

William Black, 507 Old Forge Road Media PA.

Similar wording

Would you like me to spell?

Similar wording

Yes.

Similar wording

W-I-L-L-I-A-M, Black, B-L-A-C-K, 507 Old, O-L-D, Forge, F-O-R-G-E, Road, Media, M-E-D-I-A, P-A, 19063.

Similar wording

Thank you. You may proceed.

Similar wording

Okay.

Similar wording

Okay, we are going to begin by sharing screen.

Similar wording

What would you like to share?

Similar wording

so who's presenting who's presenting uh my daughter's helping me on a computer

Similar wording

i'm uh i'm not that familiar with it so she's just no problem neither am i

Similar wording

so you can present and she can do the screen yeah she's not going to say anything i'll tell

Similar wording

you what comes up on the screen all right mr black thank you okay uh just to start off i'm

Similar wording

not a lawyer and after listening to these meetings i don't know maybe i should have gotten a lawyer

Similar wording

But it's a family house that has been in our possession since the early 40s.

Similar wording