civus
Hearing video

ZBA Hearing - August 13, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 13, 20256h 43m

parking. The parking structure component alone is almost $2 million extra of expenses.

Similar wording

If we did the 75 unit absorbing the cost of that parking structure within the building,

Similar wording

it will come out to being basically $154,000 per unit. So we're spending $10,000 more per apartment

Similar wording

to build the infrastructure, right? If we do the 75 units, because we were able to blend away some

Similar wording

of the expenses, as opposed to if we did the 50 unit. If we did the 50 unit, it would be cheaper

Similar wording

for me i can do the 50 unit all day long it's much cheaper all right thank you i have a question

Similar wording

about the entrance into the building so now that you've added the parking what is the like lobby

Similar wording

and egress into the main building going to be like for the tenants so rachel if you can pull up the uh

Similar wording

sorry and there's two there's two components to it right there's the parking garage um entrance

Similar wording

yeah i guess because you guys had a lot of renderings and i don't remember seeing that

Similar wording

on the floor plans um i can pull up this site plan too which i have a little bit further up

Similar wording

which might be yeah go to the ground floor plan you passed it i think yes

Similar wording

okay perfect the lobby is is rather small if there's two elevators there and there's

Similar wording

a fairly large mail room because buildings like this need need a lot of space for mail

Similar wording

so we have a large uh counter space for mail on the right side we have some space for one

Similar wording

of the exits to exit through the lobby. We had to push back the glass wall that leads into the

Similar wording

parking garage because I didn't want anybody walking directly into the traffic area. So

Similar wording

if we can, during construction drawings, you know, nip and tuck and make that lobby a little bigger.

Similar wording

But the positive thing is you have all these lobbies in the sky on top of it. So the lobby

Similar wording

at the ground floor is not going to be a place where people hang out and get to know their

Similar wording

neighbors it's going to happen upstairs on a floor by floor basis on a more intimate basis

Similar wording

and there's a large window at each lobby can be furnished as judah had mentioned especially for

Similar wording

elderly people who love to sit around on a chair and talk to their neighbors and uh talk about

Similar wording

what's happening in the world uh i think that's a better uh approach than having having a large

Similar wording

lobby that really doesn't have a function totally get the functional spaces for the tenants i was

Similar wording

just really i'm just trying to understand how people are getting in and out of the building

Similar wording

the functional parts that um and then trash is being stored in each individual unit no let me

Similar wording

go through this ray i want to go i want to leave this part go to the park perfect rachel stay on

Similar wording

that screen please okay so we have a drive-through garage which means folks are entering on the left

Similar wording

we have accommodated parking which is going to be for uh handicap accessible closest of course

Similar wording

to the lobby uh and then they're going to exit on the right so it's a full drive-through so there's

Similar wording

no there's a one-way traffic zone in that garage portion you're going to come through the lobby

Similar wording

which you see on the bottom part of the screen there's going to be an emergency stairwell a

Similar wording

fire escape there and then to the left are two elevators that can go on each up to each floor

Similar wording

if you were to continue through the garage you're going to see a trash room

Similar wording

that trash room will have the trash compactor and we'd be connected to a trash chute which will

Similar wording

also be on each floor and what we do currently in our buildings each trash room has a trash chute

Similar wording

and it also has recycling bins and we also have a place for people to leave boxes for large

Similar wording

deliveries that they've received and every day the cleaning crew will go through every trash room

Similar wording

taking out the large boxes taking out the recycling or anything that was too large to go through the

Similar wording

trash chute so this allows that folks aren't keeping trash in their apartments long periods

Similar wording

they're also not dragging trash through the hallways down the elevators out into the garage

Similar wording

to throw it into a dumpster it's an efficient system that we maintain really really well

Similar wording

okay and the two elevators there's no freight elevator it's just the two elevators

Similar wording

off the lobby there are two elevators but they're going they're going to be large enough to be able

Similar wording

to accommodate move in and move out so it's going to be almost like a freight level okay

Similar wording

Okay. And then the only other thing I would say is a comment, like to have 75 units, I think understanding the community wanted to accommodate seniors. It did seem like this was an ample opportunity to offer up some affordability.

Similar wording

and then the only other thing i would say is a common like to have 75

Similar wording

So our rents are already pretty low. We don't build super luxury. We try to create what we call middle market apartments. Our rents are at a really reasonable price.

Similar wording

But with that, we also have them maintain a really high occupancy in our building where we know that folks are happy to stay and live there for a long period of time.

Similar wording

The challenge with today and with this building in particular is we're not using any tax dollars.

Similar wording

We're not using any money that's coming in from, you know, any public works.

Similar wording

And we do that because we really believe in what we're doing.

Similar wording

And we also do that because we think that the way that we're designing our apartments really makes sense for the average working person in Philadelphia.

Similar wording

understood um okay i have just one question which is what's the breakdown of the um units i mean

Similar wording

how many is it one bedroom two bedrooms they're mostly one bedrooms as you can see the corner

Similar wording

units are going to be two bedrooms um the advantage to one bedrooms is that they can work really well

Similar wording

for either young folks who are working and or a couple they can't afford a lot of rent and it also

Similar wording

co-work well with seniors who want to downsize from a larger building or a larger property

Similar wording

and just want to have, you know, a clean, quiet space of their own. There'll be a few two bedrooms

Similar wording

on each floor, but for the most part, this is a one-bedroom building. And that'll help minimize

Similar wording

also the impact on the local school district. This helps minimize the impact on traffic as well,

Similar wording

because you won't have, you know, large families living that might have three or four cars

Similar wording

in these in these apartments. So I didn't get a number. So how many

Similar wording

two-bedroom units? There's 15 two-bedroom units and 61 bedrooms.

Similar wording

Okay. Thank you. Sorry about that.

Similar wording

Yes. So in reviewing the refusal and the plans for this, I noticed that

Similar wording

there and you talked about it quite a bit um that there's a roof deck and roof deck access

Similar wording

structures um while those are included on the plans those are not included on the refusal

Similar wording

um so i discussed this with ellen i and they did advise me that there really needs to be a corrected

Similar wording

refusal issued here um because that the roof the roof deck and the roof deck access structure

Similar wording

structures need to be noted in the scope of work um and based on a quick review of the plans they

Similar wording

may also generate another refusal.

Similar wording

So I would just ask that the board

Similar wording

hold this matter if they weren't already

Similar wording

because we will need to request

Similar wording

a corrected refusal.

Similar wording

That's fine.

Similar wording

Thank you, Hillary, for looking into that.

Similar wording

I think just, Chairman,

Similar wording

if Sloan folks from the council office could...

Similar wording

If you give me a chance,

Similar wording

I want to call for questions

Similar wording

or comments in the virtual audience.

Similar wording

sloan's not there he's raising his hand uh chairman chairman folks how are you sir

Similar wording

good afternoon chairman and uh zba board my name is sloan e f as in fire o lks i am uh

Similar wording

Representing the Office of Councilmember Kathy Lozada, room 40 for the City Hall.

Similar wording

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

Similar wording

Yes, I do, sir.

Similar wording

Please proceed.

Similar wording

I'm going to speak directly on the community process.

Similar wording

There are two separate and different letters from the RCUs.

Similar wording

The council member, the council member, I'm sorry, the council member reached out directly today to both leadership, both RCO leaders to discuss the project.

Similar wording

The Seventh Ward RCO has representation that's more directly affected by the project.

Similar wording

They have a vast number of seniors and residents that live around the project, and during the

Similar wording

community meeting process, they showed a great deal of interest in actually finding homes

Similar wording

at the project. The council member is going to support the project based on those meetings with

Similar wording

both RCUs and the input that she received from the residents of the community.

Similar wording

um of the community

Similar wording

okay thank you anyone else in a virtual audience

Similar wording

no hands chair planning commission good evening chair and members of the board

Similar wording

liz fuselay liz last name fuselay capital f u s e l i e r on behalf of the philadelphia city

Similar wording

planning commission this proposal previously completed its civic design review the civic

Similar wording

design review committee's advisory recommendations are not an expression of the city planning

Similar wording

commission's recommendation or opinion regarding zoning variances special exceptions or other

Similar wording

discretionary approvals associated with this proposal the comprehensive plan recommends no

Similar wording

change to the i2 medium industrial zoning at this location this property received a variance from

Similar wording

this board last year for 50 dwelling units on this industrial industrially zoned location

Similar wording

the current proposal would increase the number of proposed dwelling units from 50 to 75.

Similar wording

the appellant has demonstrated that there are unique physical conditions and circumstances

Similar wording

circumstances of this property that would prevent it from being used in conformance with the zoning

Similar wording

code. Therefore, the Planning Commission recommends the board grant the requested

Similar wording

variance for multifamily use, maximum building height, and off-street loading requirements.

Similar wording

Thank you. Counsel, as our esteemed counsel has said, we're going to come back with this.

Similar wording

Hillary, what do you want to do with this? We'll give it a date or once we have it.

Similar wording

um just i would give it uh just two we'll vote in two weeks two weeks we'll vote on wednesday

Similar wording

at 2 p.m thank you very much okay thank you thank you i'm going to take a five minute break

Similar wording

but let's come up and get ready we'll be right back i i've been watching you guys sit there

Similar wording

2025 mi 2025 002 371 260 in west rittenhouse street

Similar wording

Alex Goldberg is the attorney.

Similar wording

Mr. Goldberg, could you just state your name, please?

Similar wording

Alex Goldberg.

Similar wording

You've been sworn, if I remember right.

Similar wording

I have been, yeah, Alex Goldberg.

Similar wording

Right, and could you identify your client in the relationship to the property?

Similar wording

My client is Danielle Bush.

Similar wording

She's sitting to my left.

Similar wording

She owns the property.

Similar wording

Okay, and Danny Graham has a few questions for you.

Similar wording

Good afternoon.

Similar wording

Have you submitted your documents five days in advance of the hearing?

Similar wording

I have.

Similar wording

And do you stipulate to the refusal?

Similar wording

I mean, do you, I'm sorry.

Similar wording

I'm just chewing.

Similar wording

Do you waive the reading number of refusal

Similar wording

and stipulate to its accuracy?

Similar wording

I waive the reading.

Similar wording

I believe there's an error.

Similar wording

There's something omitted.

Similar wording

I discussed this with Attorney Emerson.

Similar wording

I'll let her sort of fill in the details on that.

Similar wording

Yeah, so.

Similar wording

Don't you love when she finds things that are missing?

Similar wording

I just.

Similar wording

So in looking at – so the applicant in this case had applied for an amended refusal to have commercial space with uses in the CMX2 zoning district, and unfortunately the way the refusal was worded, it's still listed as vacant commercial space, but it's a vacant CMX2 commercial space, and it didn't give a refusal for those CMX2 uses, which it should have.

Similar wording

um it's clear from the rco's letter that they understood that that's what the applicant was

Similar wording

asking because they asked for restrictions on those uses um so i had suggested to mr goldberg

Similar wording

that um this is something that could be addressed via proviso um so if the board is inclined to

Similar wording

grant we can just hold this for a week and i can put together some proviso language just to be clear

Similar wording

um what's what's being granted yep so thank you sure sounds like a plan

Similar wording

okay um can i be um promoted as a panelist

Similar wording

you haven't you will be very soon

Similar wording

thank you

Similar wording

all right um so 216 west rittenhouse street is the address this is an rsa5

Similar wording

property really in name only. I think that the zoning should probably be changed for this

Similar wording

property. It's got a long history of a residential unit on the second floor, a commercial space at

Similar wording

the front, and this is a long property. Marion Street is the cross street. You can sort of see

Similar wording

it on the left side of the image here. There's an office space there that my client and her husband

Similar wording

have used for their own uses and a garage that my client and her husband have used for their own

Similar wording

uses, they want to go through this process to basically formalize the zoning so that

Similar wording

formalize the zoning so that they can rent those spaces out if they wish here is the notice of

Similar wording

they can rent those spaces out if they wish.

Similar wording

refusal we have multiple principal uses on the parcel we have that vacant commercial space we

Similar wording

have a business and professional office we have a wholesale distribution and storage use really it's

Similar wording

a garage my client's husband is a contractor he keeps his construction equipment there but i think

Similar wording

they would be be interested in allowing you know a tenant to be able to do the same there

Similar wording

and then a single family there's an apartment above there's been a history of permitted you

Similar wording

know commercial uses here but because it's an rsa5 property anytime the commercial use changes

Similar wording

you have to go through this props process in 2017 there was a bmw service center 2018 was natural

Similar wording

Root Salon and Extension Bar. 2019 was a facial, skincare, and lash extension place. None of them

Similar wording

lasted very long. They'd prefer to have some flexibility to finding a high-quality tenant

Similar wording

that will be there for a long time. That's the reason why we're asking for that CMX2 commercial

Similar wording

space. As you'll see on the zoning map, that commercial use is contextual. We're adjacent

Similar wording

to CMX2.5. We're across from CMX2. That's how we landed at the CMX2 use. Here's correspondence

Similar wording

from the coordinating RCO. They were in support. It was a well-attended meeting. They had two

Similar wording

provisos. The first one was that they asked for us to not have any commercial uses that are

Similar wording

prohibited in the overlay that falls on this property. So we have no issue with that. The

Similar wording

overlay would not allow it. And then no sale of smoking products. My client is not interested in

Similar wording

having that type of business here. So we have no issue agreeing to that as well.

Similar wording

here's a zoning map so again corner of rittenhouse street and marion street there's very large

Similar wording

apartment buildings directly across from us that one's under construction and then to the right of

Similar wording

us that one's complete you know this corner intersection here there's kind of a lot going on

Similar wording

and very clearly um you know this has a long history of commercial use at this site this is

Similar wording

the front of the property. It's been vacant for some time. Here it is in 2011, that same

Similar wording

commercial storefront. As I mentioned previously, there's been a mix of commercial uses in and out

Similar wording

of there. My clients also own 218 West Rittenhouse Street. Here is the Marion Street perspective.

Similar wording

So you have these two garages here. That's where that wholesale storage use is going to be as

Similar wording

proposed. And then there's a door right here sort of where my mouse is and that's where the office

Similar wording

space is. And I have interior photos of all this to show you. Here's the posting photos from both

Similar wording

street frontages. Here's that large apartment building to the right of the property. Here's

Similar wording

the one directly across. This is to the left of the property. Here's Marion Street to the right

Similar wording

and Marion Street to the left. We're not proposing to do any construction at all to this property

Similar wording

aside from the future tenant build-out that'll be in the commercial space this is the apartment

Similar wording

rather nice they don't have any tenants in here at the moment this is a listing photo

Similar wording

they have had tenants here in the past and that apartment is about 800 square feet one bed one

Similar wording

bath here's the commercial space vanilla box it's about 750 square feet and it does have a bathroom

Similar wording

here's the office space uh it's about 800 square feet and it has a little loft as well that you

Similar wording

see that staircase running up to a little kitchenette

Similar wording

and here's the garage also has a loft you'll see on the plans there's two garages they're

Similar wording