civus
Hearing video

ZBA Hearing - July 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 10, 20246h 23m

questions from our council mr mcsherry no chair questions or comments from the virtual audience

Similar wording

yes chair charles richardson will be allowed to speak

Similar wording

good morning mr richardson good morning mr chair uh could you please state your name and spell

Similar wording

for the court stenographer certainly charles richardson r-i-c-h-a-r-d-s-o-n office of

Similar wording

councilwoman cindy bass room 508 city hall do you swear or firm to tell the truth the whole truth

Similar wording

nothing but the truth i do please proceed okay i just wanted to let uh let it be known that there

Similar wording

is a letter of opposition that came from the coordinating RCO, the 13th Ward, on July the

Similar wording

2nd. It doesn't appear that Mr. Anastasio might have been included in all of the CCs that should

Similar wording

have been included, but it is a letter of opposition. It does state some things, and I

Similar wording

actually did forward it to you, Vern, a few minutes ago upon hearing you say that you hadn't gotten it.

Similar wording

Thank you.

Similar wording

They said that prior to the voting process, numerous questions were discussed that were not answered to the satisfaction of the directly affected residents, 13th Ward RCO committee members as well.

Similar wording

Number one, the property was purchased in 2012.

Similar wording

The owner purchased the property in 2012 and allowed the property to be an eyesore and an unsafe condition for the adjacent properties.

Similar wording

owner failed to keep the property in occupiable conditions allowing the property to deteriorate

Similar wording

in the front and rear requested zoning variance is not a by-right proposal

Similar wording

property was zoned rsa 5 single-family dwelling in 2012. owner stated reason for requested zoning

Similar wording

variance was that a single family could not afford to maintain a large property the directly

Similar wording

affected residents and other meeting attendees vote voice concerns of increased density

Similar wording

and the overuse of the dwelling by converting into three units, multifamily units.

Similar wording

and the overuse of the dwelling by converting into three units, multifamily units, and this

Similar wording

is in quotes, parentheses, multifamily units, RSA 5, single family dwelling in the three

Similar wording

units dwelling, potentially introducing additional density in the area slash existing structure.

Similar wording

The owner stated occupants would be responsible for care of the property to include trash,

Similar wording

landscaping, and maintenance, meaning attendees voiced concerns with owner not maintaining

Similar wording

property for the last 10 years the exact effects of the hardship of the proposal is not granted

Similar wording

uh was not sufficiently identified they will say talking about the financial issues

Similar wording

uh in closing they said the directly affected residents of the 13th ward committee and are

Similar wording

requesting that the area's elected officials and zba members deny the requested zoning variance for

Similar wording

the proposal to convert to RSA, convert to RSA 5 single dwelling, family dwelling into

Similar wording

a multifamily three units and it's signed by Charles Korn.

Similar wording

I hear Vern saying that they reduced it, but they did not go back and speak with the RCO

Similar wording

or the community.

Similar wording

And I would think that they would need to do that in order to actually gain the support

Similar wording

rather than trying to force it through at this point in time.

Similar wording

If it's going to go through, if it's going to be voted today, then the councilwoman would request that you deny the variance.

Similar wording

But again, we are urging Vern and company to go back to the community and give this new proposal a shot to see whether they will support it or not.

Similar wording

Thank you, Mr. Richardson.

Similar wording

Senator Stiles, do you have any questions for Mr. Richardson?

Similar wording

I don't. I appreciate Mr. Richardson's input always and sending me the letter that I did not get the opportunity to see.

Similar wording

I do want to just say that my client purchased this property unoccupied and we've had and I think I put this testimony on today over a decade of vandals and squatters that my client has been desperately trying to shore up that property.

Similar wording

There would, of course, be a property management team in place.

Similar wording

So that's always a requirement.

Similar wording

But then again, and the feedback that we received from the RCO is why we reduced the number of units to two.

Similar wording

So it's in line with just about every other property on that block.

Similar wording

But I will defer to the chairman's discretion on if you'd like us to go back to the RCO again.

Similar wording

All right.

Similar wording

Mr. Richardson, could you make sure that you send a copy of that letter over to our council to?

Similar wording

i certainly will all right uh any other questions or comments from the virtual audience

Similar wording

no hands here a planning commission

Similar wording

amy boyd with the planning commission amy before you uh comment um i'm going to make a recommendation

Similar wording

as they go back to the rco do you want to take a position before that or do you want to

Similar wording

hold. No, let's hold it until then, please. Okay, thank you. So, Vern, you have an opportunity to

Similar wording

go back to the RCO, tell them what your plans are. The case is going to be closed, except for

Similar wording

communications from the RCO, a chance for you to respond, and then a chance for the planning

Similar wording

commission to take a position. Sounds fair. Thank you. Ryan, is that okay? Yes, that is fine.

Similar wording

All right. Thank you, counsel. Thank you. All right.

Similar wording

Number six, MI 2023-004-919-3904 Brown Street. Christopher Dean is the attorney.

Similar wording

No RCO letter or summary.

Similar wording

Meaning was held on April 22nd, 2024.

Similar wording

Applicant also provided a petition of support from 12 neighbors, four from the 39-hour block of Brown Street.

Similar wording

Christopher Dean has been promoted.

Similar wording

Morning, counsel.

Similar wording

Good morning, Mr. Chairman, members.

Similar wording

Could you please state your name and spell for the court stenographer?

Similar wording

Christopher Dean, last name is D-E-A-N, and I represent Skira Holdings, LLC.

Similar wording

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

Similar wording

i do our vice chair has a few questions

Similar wording

good morning council do you agree to weigh the reading of the refusal or stipulate to the actress

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 advance of this hearing

Similar wording

can't hear you i have thank you please proceed and share your screen

Similar wording

can't hear you i have thank you

Similar wording

all right good morning everyone members of the community and members of the board um

Similar wording

please let me know if you cannot see the uh presentation

Similar wording

we're fine okay

Similar wording

i have the pleasure of representing skira holdings llc property owner of 3904 brown street

Similar wording

we are here for proposed multi-family three-story three-family residence

Similar wording

on a currently vacant lot um with a seller pilot house and roof deck um and mr chair i did hear

Similar wording

you say they did not have the letter of support i did submit the um the letter on i believe it was

Similar wording

monday to uh board we sent a revised packet on monday um it did get what what what is the letter

Similar wording

of support it's a letter of support it's six the vote was six six in favor two in opposition and two

Similar wording

in non-opposition all right just show it during your presentation so this is a current picture of

Similar wording

the uh the lot um we believe that this project is a um actually rsa5 is not even consistent

Similar wording

doesn't really reflect the changing nature of the 39 3900 block specifically of brown street

Similar wording

and i'm going to go through uh four projects that have been approved over the last few years

Similar wording

consistent with that there are many vacant lots um in the surrounding area uh they've been

Similar wording

collecting a tons of trash and rubbish so the goal here is to with this project to beautify

Similar wording

the area as well consistent with some of the newer projects that the area has seen

Similar wording

this is a rendition a 3d rendition of what the proposed the front and rear of the project will

Similar wording

look like this is a these are the the plans uh i'll briefly go through them there is the three

Similar wording

units are this there is the the cellar and first floor where there will be the cellar has a full

Similar wording

a full egress will be two bed and three bath unit two will be a two bed two bath and unit three

Similar wording

will be a two bed two bath and will have access to the roof deck

Similar wording

my client prior to meeting with the rco he did canvas the area and as you see these are these

Similar wording

are neighbors right around the corner of 3900 block of brown street uh did receive 12 um 12

Similar wording

they were supporting the project prior to meeting with the rco it's a copy of the refusal our

Similar wording

initial application and the project information form as i stated they are i'm going to go through

Similar wording

several of the projects that have been approved in the surrounding areas this is 30 a zoning

Similar wording

permit was issued for 3930 brown street um and you'll see here this is for a three dwelling unit

Similar wording

and that was in 2022 and these are the plans for that project that the board approved there's um

Similar wording

39 i believe i just showed 39 30 um that was the zoning permit 769 north 39th street

Similar wording

um this is the corner of 39th and brown right almost adjacent to my client's property

Similar wording

this was a a new construction for three family unit that was approved

Similar wording

and 3933 brown street this was a another new construction project um actually six units were

Similar wording

were approved um and that was in 20 um actually that was just in january of this past year

Similar wording

and lastly there's 3931 brown street this was a rear third story addition

Similar wording

and back in 2020 for three dwelling units that was approved so our our proposal was actually

Similar wording

more consistent with the change the ever-evolving um changing area of this area um that is more

Similar wording

consistent with multi-family dwellings um as opposed to rsa5 single-family homes um this was

Similar wording

we did meet with the um the rco back in april and this these are the certificates of mailing

Similar wording

a copy of my clients my client's deed

Similar wording

these are the posting from june 10th uh at the property

Similar wording

clients tax clearance a copy of our zoom zoom meeting

Similar wording

um as i mentioned here we did meet with the mantua civic association as you can see

Similar wording

uh there was 10 attendees only two of the attend actually opposed the project so we did have a

Similar wording

majority overwhelming majority support of the community in addition to the 12 petitioners that

Similar wording

the 12 petitioners that my client um the 12 the 12 neighbors that supported the petition prior to

Similar wording

my client um the 12 the 12 neighbors that

Similar wording

but

Similar wording

meeting with them uh we do feel because of the the size of the lot the most specifically the

Similar wording

ever-evolving changing nature of the lot that this area does support um and is consistent with

Similar wording

multi-family unit multi-family living um it will help also the adding these multi-family

Similar wording

multi-family unit with this structure will also help beautify the area an area that has seen a

Similar wording

lot of vacant lots that are that are currently getting cleaned up one by one with each of these

Similar wording

projects and i think that's why we um we received a high majority of community support and with that

Similar wording

i would um christopher let me counsel do you have an overhead shot of the block um i can pull that

Similar wording

up as we i could share i'm going to share my i think if i stop sharing

Similar wording

apologize for the brief delay

Similar wording

are there other vacant lots on the block

Similar wording

there are i'm going to pull the

Similar wording

okay

Similar wording

i think you might i think we may be able to see

Similar wording

um there's a vacant if you can see right here there is a vacant lot to the right of that um

Similar wording

my client's properties right here so that would be 39. i believe that actually the prop that um

Similar wording

i'm going to have my client testify to to add um to specify about what what properties are vacant

Similar wording

but bring your client on if he has an idea what i may call josh kravitz

Similar wording

josh kravitz is allowed to speak good morning could you please state your name and spell for

Similar wording

this stenographer hi good morning my name is josh kravitz that's spelled j-o-s-h-k-r-a-v-e-t-s

Similar wording

do you swear or firm to tell the truth the whole truth and nothing but the truth

Similar wording

yes i do please proceed counsel good morning josh um are you a member of skira holdings llc

Similar wording

Yes.

Similar wording

And did you hear the testimony that I just laid out before the board?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

And was that testimony true and accurate?

Similar wording

Yes.

Similar wording

And do you adopt my testimony?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

And could you, for the chair's questions, could you expound on how, you know, I'm going

Similar wording

to pull up the screen, but the nature of how many vacant lots are on that block?

Similar wording

Sure. So as you were saying, in that picture that you were showing, and I just pulled up the, hopefully you can see, hopefully you can see the city of Philadelphia property search showing up.

Similar wording

Yeah, we see it. We see it.

Similar wording

Okay, so the first house that you were showing in the initial picture, that's 3908 Brown Street.

Similar wording

That is the second one from the corner on the near side of Brown Street, if you can see.

Similar wording

That's a multifamily house. That's the closest one to us.

Similar wording

And then after that, there's that huge area of land, which I'm not even sure how many lots there are there, but it's all vacant.

Similar wording

You can also see the other corner of Brown Street.

Similar wording

There's another huge portion of land that is vacant.

Similar wording

And when I was canvassing and walking up and down the block, even a lot of these homes were vacant.

Similar wording

You could definitely tell from the exterior.

Similar wording

and other ones were, it was a mix of vacant housing along with existing multifamily housing too.

Similar wording

Okay. And how long did you canvas the area before you even submitted the application?

Similar wording

I mean, we checked the block multiple times before submitting the application. And then I

Similar wording

actually collected signatures after the submission of the application. So that was maybe

Similar wording

three or four months ago I would say I have nothing further did he adopt your testimony

Similar wording

yeah okay thank you questions from the board

Similar wording

Yes, I have a question. So, Mr. Brown, you mentioned that you highlighted several other approvals that was allotted along that row. Do you know by any chance if those have been built already?

Similar wording

yes I have a question um uh so

Similar wording

You mentioned a lot of multifamily approvals in 2022. Do you know of them being built already, currently built?

Similar wording

I'll actually, I know the one was just approved in January of 2024, so I don't believe that's been approved, but is, Josh, you still?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Yes. So there's actually a large, I believe it's on the corner of 39th, I'm sorry, on 40th and Brown. There was a large multifamily in that piece of land. No, the other way on 40th.

Similar wording

Yep. I'm pretty sure it's that corner. I don't want to, I might be wrong, but I'm pretty sure it's that corner where that square of land is on Brown and 40th. There was a large multifamily structure already built there. But the other ones that were granted on our side of Brown Street, those have not started yet.

Similar wording

Okay. And my other question is, have you given any thought to kind of aligning the physical structure of the house to the neighboring houses?

Similar wording

I know that this site is kind of scattered, but the houses on Brown Street have a particular look and your design is like nowhere near them.

Similar wording

And that would definitely stick out. So has there been any kind of idea to kind of assimilate them, at least to the surrounding housing stock?

Similar wording

At least to the size?

Similar wording

So I know what you're talking about. There's the houses on Brown Street that have the porch in the front, right? Is that what you're mentioning?

Similar wording

I'm talking about that whole neighborhood, that particular area has a particular look.

Similar wording

So have you given any thoughts of just, you know, trying to align with the look?

Similar wording

Not an exact match, but just alignment with the look of the housing, the current housing stock that's there.

Similar wording

Right. We were thinking about it, but that our side of Brown Street there, there's so much land and most of it is actually going to become new construction,

Similar wording

which I think from looking over the other submissions,

Similar wording

it seemed like they were going to have the more modern look that we were proposing.

Similar wording

So it was a tough decision whether to go for like that porch,

Similar wording

that front yard porch that I think you're mentioning,

Similar wording

that the other houses have versus just that straight front facade.

Similar wording

We just went with the straight front facade because we thought there was going to be a lot of other

Similar wording

new construction houses that were matching, you know, that modern look. But, you know,

Similar wording

it could have went either way. Okay. And my last question is,

Similar wording

why not two units instead of three? Just based on the other buildings that were

Similar wording

that were proven on that block. And also the fact that the lot is large enough to support three

Similar wording

units. And with three units, we're actually able to charge more of reasonable rents than just with

Similar wording

two units. So I feel like it would be more practical for that area.

Similar wording

Tanetta, you're... Oh, thank you. I'm done. Sure, sure. That's okay.

Similar wording

And just to touch on the look, we actually met with the RCO twice on this.

Similar wording

um and any questions over the design you know because we do have the 3d rendering um

Similar wording