civus
Hearing video

ZBA Hearing - October 13, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20205h 3m

so that the widths of the houses we would build would be 20 feet at the corner and then the

Similar wording

interior houses would be 18 feet.

Similar wording

Not only is that in line with sort of a normal,

Similar wording

per se, row house width for the city,

Similar wording

but it would fit in a lot better

Similar wording

with the fabric of the neighborhood.

Similar wording

Next, we'll move to our requested variance

Similar wording

for off-street parking.

Similar wording

We're not permitted off-street parking on the site.

Similar wording

However, we are proposing three houses

Similar wording

and certainly we think it would be better

Similar wording

for the neighborhood and the neighbors agreed

Similar wording

that we should try to get the cars off of the street.

Similar wording

that we should try to get the cars off of the street.

Similar wording

So here's just showing that the proposed parking configuration

Similar wording

So here's just showing that.

Similar wording

is one garage door along Third Street.

Similar wording

And then this is a top down view

Similar wording

to show cars would pull in here into a shared driveway.

Similar wording

House one would have a one car garage,

Similar wording

two car garage at house two.

Similar wording

And then house three would have one two car garage.

Similar wording

And then the portion that curves into the rectangle

Similar wording

to the east, there would be space for one more car.

Similar wording

Again, in a by-right scenario,

Similar wording

we presume that the residences of these houses

Similar wording

would have at least one car each.

Similar wording

If we don't provide parking onsite,

Similar wording

then the cars would just have to compete

Similar wording

with the neighbors for street parking.

Similar wording

We believe it's a much better solution to put one garage,

Similar wording

which would eliminate one space on the street.

Similar wording

However, we would be able to absorb up to six cars

Similar wording

for residents and their visitors on the site next we got a refusal for rear yard depth the minimum

Similar wording

required rear yard depth here is nine feet again the refusal here we in our opinion is really due

Similar wording

to the fact that one the lot is irregular and two because of how rear yards are measured by the code

Similar wording

Montrose Street was declared as the front of the parcel and the rear yard is measured from the opposite property line, and that is the area shaded in green here.

Similar wording

If you look at our proposal, you'll see that behind House 1, House 2, and House 3, we're actually providing in excess of 16 feet of open space behind.

Similar wording

And then even when you look at the portion of House 3 that curves into the rectangular portion, there's 29 feet of open space behind.

Similar wording

So in our opinion, we are complying with the spirit of providing at least a nine-foot rear yard, even though the irregular lot prevents us from complying with the letter of that requirement.

Similar wording

So we also, this item for refusal for roof deck setbacks, we actually comply.

Similar wording

If you look at the left, this is our original proposal when we submitted the zoning permit application.

Similar wording

What we were trying to do is have our roof deck railings follow the line of the setback, our setbacks on the fourth story, which led to a number of varying railing setbacks.

Similar wording

After consulting with the neighbors, we decided to just make a constant five-foot setback along Third Street and an even larger eight-foot setback along Montrose Street.

Similar wording

So we're actually in compliance on that item.

Similar wording

And finally, we're requesting a modest height variance.

Similar wording

As I mentioned before, you know, we've drastically set back the fourth floor and we've cut out several sections of the buildings.

Similar wording

And we've also provided parking on site on the first floor.

Similar wording

And while this all greatly decreases the visual mass of the building, it also reduces the interior volume of the building.

Similar wording

And we found that we require a little bit of extra ceiling height to make the interior spaces work.

Similar wording

However, our proposal to do that would result in a building with a visual sight line that is equal to what we could build by right.

Similar wording

So if we look at this diagram on the left side, we have the by-right scenario where we have a building with a 38-foot roof, and then we're permitted a three-and-a-half-foot parapet, which leads to a total sight line height of 41 feet, 6 inches.

Similar wording

Our proposal is to keep that same sight line height that we would be able to get by right, except just to trade the roof height and parapet height.

Similar wording

So our proposal is a 41-foot roof with a six-inch parapet.

Similar wording

And as you can see from the two diagrams, the building that we're proposing actually is and will look significantly smaller than what you can build by right,

Similar wording

In addition to the up to six-foot setback on the fourth floor, we've also increased the setback of the pilot house dramatically, and we've also pitched the pilot house back away from Montrose Street to make it as impossible to see as we possibly can make it.

Similar wording

And we also have some studies available, if you would like to see them, that demonstrate that the buildings as we propose them actually do have a lesser impact on the neighbors in terms of shadows and light and air.

Similar wording

And so this is just an elevation showing the various level heights of the building as proposed.

Similar wording

And so this is just a...

Similar wording

And finally, we believe this design best balances the hardships caused by the irregular lot configuration, along with our efforts to minimize the visual mass of the building

Similar wording

and minimize the impact to neighbors.

Similar wording

And finally, as I noted before,

Similar wording

the packet we submitted includes a letter of support

Similar wording

from QVNA, 14 letters of support from individual neighbors,

Similar wording

and a letter of non-opposition from Councilman Squilla.

Similar wording

Evan and Leah, could you just raise your hands

Similar wording

so that we can have you sworn in

Similar wording

so that you can adopt this testimony?

Similar wording

Thanks, Gary. We're both here.

Similar wording

okay so uh evan and leah do you uh affirm that my testimony is hold on gary gary just a moment

Similar wording

please i need their full names and addresses for the record spell their names

Similar wording

it's leah litvin l-e-a l-i-t-v-i-n address is 2203 lombard street philadelphia pa 19146

Similar wording

you swear to him to tell the truth the whole truth and nothing but the truth yes thank you

Similar wording

so uh leah uh if you heard have you heard my testimony do you affirm that it's true and

Similar wording

correct and do you adopt it as your own yes i do all right thank you thank you uh any questions

Similar wording

from the board no no is there anyone else like anyone else who would like to testify in this

Similar wording

case if so please raise your hand no hands at this time thank you planning commission

Similar wording

good afternoon board peter bernard for the planning commission

Similar wording

this property is indicated for single family residential on the comprehensive plan the

Similar wording

applicant is proposing to remove two residential structures and replace them with three units

Similar wording

we do not feel this will have a negative impact on the surrounding community accordingly we have

Similar wording

no objection to the granting of the variances. Thank you. Mr. Clark, you said you had revised

Similar wording

plan. If so, how many pages? One page. One page? Thank you. MI-2020-000096, 925 South

Similar wording

3rd Street. My vote is yes with the proviso. Revised plan, one page approved today. Yes

Similar wording

Yes, with Proviso.

Similar wording

Yes, with Proviso.

Similar wording

Yes, with Proviso.

Similar wording

Thank you.

Similar wording

Good luck to you.

Similar wording

All right.

Similar wording

Thank you very much.

Similar wording

Yeah.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Frank, are we on Washington Avenue?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

MI 2020-000094, 2300 Washington Avenue.

Similar wording

that's we get a little bit of an echo when you speak do you have another device on no how about

Similar wording

now perfect thank you all right is anyone here for washington avenue please raise your hand

Similar wording

this is carrie nace proust's case

Similar wording

built martin on there no

Similar wording

no it's carrie oh okay good afternoon carrie please identify yourself full name and address

Similar wording

please good afternoon carrie nace attorney with the law firm of fox rothschild c-a-r-r-i-e-n-a-s-e

Similar wording

hyphen p-o-u-s-t

Similar wording

I'm sorry you finish

Similar wording

oh sure

Similar wording

address 2700

Similar wording

Kelly Road suite 300

Similar wording

Warrington PA 18976

Similar wording

thank you

Similar wording

swear and affirm to tell the truth the whole truth and nothing

Similar wording

but the truth yes I do

Similar wording

thank you confessor

Similar wording

Carrie have you emailed an exhibit packet

Similar wording

with the required documents

Similar wording

proof of ownership proof of

Similar wording

tax compliance, copy of the refusal or referral, folders and plans five days prior to this

Similar wording

hearing?

Similar wording

Yes, I did.

Similar wording

All right.

Similar wording

Have you met with the RCO and have a letter?

Similar wording

Yes, we do.

Similar wording

Thank you.

Similar wording

You may proceed.

Similar wording

Great.

Similar wording

Thank you.

Similar wording

Also here with me this afternoon is Danny Morris, who is the program manager of the applicant,

Similar wording

as well as John Harder, who is a traffic consultant from Atlantic Traffic and Design.

Similar wording

I would ask that both of them raise their hand so that Ms. Sunkett could admit them.

Similar wording

this is danny morris with extra space storage uh it is all legal name is daniel d-a-n-i-e-l

Similar wording

This is Danny Morris with Extra Space Storage.

Similar wording

m-o-r-r-i-s i am currently at 2795 east cottonwood parkway suite 400 salt lake city utah

Similar wording

84121 we're in a firm to tell the truth the whole truth and nothing but the truth

Similar wording

yes sir thank you carrie

Similar wording

great can i also have john harder on the line yes i'm here if you can hear me um i'm principal

Similar wording

atlantic traffic and design engineering 1600 manor drive suite 200 chaufant pa 18914

Similar wording

your full name sir spell it john harder h-a-r-t-e-r thank you swear and affirm to tell

Similar wording

the truth the whole truth and nothing but the truth yes i do thank you please proceed

Similar wording

Great, thank you. This application involves property that is located at 2300 Washington Avenue. The property is zoned I-2.

Similar wording

One administrative matter before we get into the testimony, this matter was previously being handled by a former partner of mine, Mr. Martin.

Similar wording

Martin, it has come to my attention as I was preparing for the hearing that this property

Similar wording

is also subject to the West Washington Avenue overlay district and pursuant to section 518.2

Similar wording

of the zoning code, it does reference that non-accessory parking is not permitted within

Similar wording

the overlay. However, this was not identified by L&I in the notice of refusal. However, we don't

Similar wording

believe that this would in any way expand the relief that's being requested. However, I did

Similar wording

want to go on the record in the event that a variance would be required from that section

Similar wording

that we also specifically request that variance. Carrie, excuse me, this is Sharon. Yes. You did

Similar wording

include in the application, it did note that you were, that there were non-accessory parking spaces,

Similar wording

correct it was the it was the examiner's oversight not any failure on your

Similar wording

client's part to include a correct description of what you're doing that is

Similar wording

correct in both the appeal to the zoning board as well as notices to the

Similar wording

surrounding neighbors and our discussions with the community group we

Similar wording

have had discussions that this the application is to provide for non

Similar wording

non-accessory parking. And in that case I would recommend if the board does

Similar wording

approve it that they add a note confirming that they are additionally

Similar wording

granting a variance for non-accessory parking. What was that again? Conditional?

Similar wording

And that if you add you're going to have revised plans but also if you could add

Similar wording

note that the confirming that you are granting a variance for non-accessory

Similar wording

parking. Thank you. Thank you. Okay, Ms. Paus, please proceed. Thank you.

Similar wording

So as I mentioned the property here it's on the aerial being shown to you. It's

Similar wording

identified as 2300 Washington Avenue. It's bounded to the north by Washington Avenue,

Similar wording

to the south by Alter Street, and to the east by 23rd. The property is zoned by two, as I mentioned,

Similar wording

and previously has received approval to operate as a self-storage business on the property,

Similar wording

which has been in operations for three years now. We do have the photographs of the

Similar wording

property here, you can see this is the existing building looking southwest from 23rd and

Similar wording

Washington. Looking again, this is from 23rd and Washington. This is the rear along Alter Street

Similar wording

and 23rd. Under the zoning code, table 802-3, for this property, we are required to have one

Similar wording

parking space for every 2,000 square feet of space. So as applied to this property, it would

Similar wording

require that we have 49 parking spaces, which we do in fact have located on the property, as well

Similar wording

as five loading spaces in addition to that. However, the zoning code does not make a distinction

Similar wording

between self-storage facilities or other warehouse uses that may be more intense.

Similar wording

We believe that the parking requirements are in fact excessive for a self-storage facility.

Similar wording

I'll pull up our plan here and zoom in so you can see. This is a site plan showing the current

Similar wording

parking on the property. As you can see, we have the 49 spaces. In this area here, it's five

Similar wording

additional loading stalls. And what you'll see here, we have photographs of the existing parking

Similar wording

of the existing parking spaces and this type of use on at any one given time the maximum amount

Similar wording

spaces. And this type of use on

Similar wording

of parking or visitors that you would see would be five to six individuals or cars utilizing the

Similar wording

parking area. So you can see that we have a large vacant space here that is being underutilized

Similar wording

due to the current code requirements.

Similar wording

What the applicant is proposing is to maintain the five loading spaces in this area here,

Similar wording

and then provide six additional accessory parking spaces. We would have three here,

Similar wording

and then we would also have another three in this area close to the leasing office

Similar wording

that would be maintained for use for customers visiting the self-storage.

Similar wording

The remaining 43 spaces within this area here, we're proposing to lease them out to the

Similar wording

surrounding community.

Similar wording

We would not be leasing them on a daily or hourly use, similar to like a typical parking

Similar wording

garage.

Similar wording

Instead, we would be entering into long-term rental agreements that would be subject to

Similar wording

a month-to-month lease, really geared more towards providing residents within that area

Similar wording

with off-street parking spaces. However, the non-accessory parking spaces are not permitted

Similar wording

in the overlay, as we discussed, and in addition, we would then be reducing the number of accessory

Similar wording

parking spaces that are otherwise required for the self-storage facility. We did meet with the

Similar wording

Point Breeze Community Development Coalition. Several concerns were raised by the residents in

Similar wording

this area. Primary concerns related to this access here onto Alter Street and providing safety

Similar wording

features. So it came to our attention that the prior developer had made some agreements not to

Similar wording

use this access onto Alter Street. And as you'll see in the proviso, we have agreed that this

Similar wording

Access will be limited to emergency only. So access will primarily be taken on to Washington Avenue up in here. This will be turned into instead of two one way, we will make it two way.

Similar wording

We also have added here as you'll see one way emergency exit sign in here notifying the patrons that they cannot access this road on to alter except for emergency.

Similar wording