civus
Hearing video

ZBA Hearing - August 23, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 23, 20236h 32m

8-18-23. Does that sound right?

Similar wording

Alan? I don't have the date in front of me

Similar wording

of the revised plan. I saw the one page you said. It said 8-18.

Similar wording

Okay. All right. Thank you.

Similar wording

Vote, guys.

Similar wording

Jim?

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

Yep. Thank you.

Similar wording

My vote is yes with proviso.

Similar wording

Tom?

Similar wording

You have your three votes.

Similar wording

Thank you, Mr. Chair. Have a great day.

Similar wording

Okay, thank you.

Similar wording

Number 12.

Similar wording

MI 2023-001-980-400 North Front Street.

Similar wording

Brandon Saverin is the attorney.

Similar wording

Letter of support, Northern Liberties Neighbors Association with...

Similar wording

unenforceable provisos, and letter of non-opposition from Council Member Squill.

Similar wording

Brandon Saverin is coming back in as a panelist.

Similar wording

Mr. Saverin, could you state your name, please, and spell for the court stenographer?

Similar wording

Yes, my name is Brandon Saverin. It's B-R-A-N-D-O-N, and then S as in Sam, A-V as in Victor, R-A-N as in Nancy.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Could you identify your client, a relationship to this property?

Similar wording

Yes. So my client is 400N, as in North Front Street, LLC. And Chris Parker is the representative

Similar wording

here today.

Similar wording

All right. Our vice chair has just a few questions for you.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and step you date

Similar wording

to its accuracy yes i do mr vice chairman have you emailed in all the required documents and

Similar wording

exhibits that are needed to proceed with this case five days in advance of this hearing yes i did

Similar wording

thank you please proceed counsel thank you

Similar wording

okay um so i i can see that my entire monitor is being shared i'm gonna if this is too small

Similar wording

all you'll just let me know but can you see the aerial yeah we we see it we see okay okay great

Similar wording

so um the property we're here about today is 400 north front street um i'm currently in exhibit

Similar wording

five in our exhibit binder this is an aerial photograph from atlas.phila.gov showing you

Similar wording

the property between the red arrows the property is on the northwest corner of front street and

Similar wording

Callow Hill Street. This is sort of a funny little residential neighborhood you might be

Similar wording

familiar with. It sits between I-95 and Columbus Boulevard along Callow Hill. So some of these

Similar wording

properties are older, like my clients, which we believe is over 100 years old. And there's also

Similar wording

some newer multifamily buildings in the area. But basically, this is a part of the old city area

Similar wording

that was spared the I-95 wrecking ball.

Similar wording

I'm going to go to exhibit seven

Similar wording

to show you a couple of photos

Similar wording

of the exterior of the building.

Similar wording

So this is the exterior of the building

Similar wording

taken in 2020.

Similar wording

And the reason I'm going back a few years

Similar wording

is actually to show you in the window here,

Similar wording

this sort of sign announcing

Similar wording

that the tenant of that space has left

Similar wording

Because that's the space I'm here to speak about today.

Similar wording

So what has been in this building since my client purchased it in 2019, and this is the

Similar wording

building, it's a pretty long building, it's got all these windows you see here, are four

Similar wording

apartments, I believe most of which have their own doors directly to the exterior, and a

Similar wording

space that's permitted as an office space, which also has its own door, where my cursor

Similar wording

is.

Similar wording

and this was captured in that 2020 photo from Atlas. You can see this sign that the last tenant

Similar wording

put in the window announcing that they left. So it says Eastern Scaffolding has moved to a new

Similar wording

location in South Philadelphia. So Eastern Scaffolding had a yard where they stored their

Similar wording

materials around the corner from this and this space was used as an office and by office what

Similar wording

I really mean is a storage space for their paper files. But they left right around when my client

Similar wording

bought the building. And my client has worked to put somebody in there. You know, he waited to come

Similar wording

before you today for years after failing to get an office tenant, but wasn't able to do so. So

Similar wording

but wasn't able to do so. So because of that, we'd like to convert this space to a residential

Similar wording

So because of that, we'd like to convert this

Similar wording

unit, which we believe it used to be many years ago. And as such, we need a variance for five

Similar wording

dwelling units over the four that are currently on the property. So this on Exhibit 2 is our

Similar wording

notice of refusal, and we have just one use refusal. We are in the RM1 zoning district,

Similar wording

So this is a multifamily zoning district.

Similar wording

It's just that our lot isn't quite big enough to allow for five dwelling units by right.

Similar wording

So the examiner wrote that 1920 square feet of surface area is required for five units.

Similar wording

We have 1376 square feet.

Similar wording

um i wrote a memo of law to the board at exhibit one that discusses the bat the sort of the

Similar wording

background facts of the case in the first section which i basically just gave you so i'm not going

Similar wording

to read through that it then uh goes through the law on you know what an applicant must do

Similar wording

to qualify for a use variance. And then I give my argument. In the argument, I walk through

Similar wording

that my client satisfies all of the requirements for a use variance. I won't read through all that.

Similar wording

I'll just give you a very brief overview of what maybe is the most important requirement,

Similar wording

and that's that we have a hardship. So as I mentioned, my client has failed to get an office

Similar wording

tenant in that space in the four years that it's owned the property. Why is that? Well,

Similar wording

part of the reason may be that to our knowledge, there are no other non-residential uses on

Similar wording

Calla Hill Street between I-95 and Columbus Boulevard. So we're looking for somebody right

Similar wording

now under the current zoning permit that wants an office space in a purely residential block

Similar wording

with no dedicated parking. That's a really hard sell. Further, if they do something with that

Similar wording

space that isn't strictly office, as it's defined in the code, as I believe professional office,

Similar wording

if it's, say, retail or a commercial use that's slightly different, that would require a variance

Similar wording

too. Here's why that matters. There's a couple reasons. One, I'm going to take the position

Similar wording

before you today that we are requesting the minimum necessary relief because we need a

Similar wording

variance to do anything here other than continued office, which has proven to be impossible.

Similar wording

So going after a variance for a fifth unit is at least in line with the residential zoning of this

Similar wording

property, as opposed to going for a variance for some other use entirely, which is not at all

Similar wording

related to the property zoning. And as I mentioned, there's other facts in this memo.

Similar wording

The last one I'll highlight is that we believe there's over 4,400 square feet of interior space

Similar wording

in this building. So if you sort of average out, that would mean that with five dwelling units,

Similar wording

there would be an average of over 800 square feet of interior space per apartment. So the

Similar wording

building can handle five units. And as I'll show you in the past, we believe that it used to have

Similar wording

five units. Just to drive the point home that there is other multifamily in this area, this is

Similar wording

the front street, the narrower side of our building, and you'll see on the right at 402 North Front,

Similar wording

this is a nine-unit building that was recently constructed right next door to us. I then,

Similar wording

rather than just giving you photos of construction, pulled some permits at Exhibit 12. So this is a

Similar wording

permit further up our block 412-38 North Front Street, that property per this permit contains

Similar wording

32 condominium residential units. Also on our own block at 408 North Front Street,

Similar wording

that building contains 10 dwelling units per its active zoning permit. And then here is the

Similar wording

permit for that photo I showed you, our next door neighbor at 402 North Front Street. That

Similar wording

building contains nine dwelling units. Flipping through my notes here. I only need probably a

Similar wording

couple more minutes and then I'll wrap up. Just want to show you our RCO letter at Exhibit 10.

Similar wording

So here is the notice that my law firm created to announce the RCO meeting. It was hybrid,

Similar wording

so it was an in-person meeting that was broadcast virtually as well. Chris and I both attended that

Similar wording

Chris and I both attended that meeting ourselves. Here's our proof of mailing. Here's the RCO letter. The first page is really short. It's signed by the coordinating RCO's chairman, Larry.

Similar wording

meeting ourselves. Here's our, you know,

Similar wording

The second page is where Larry actually gives his justification for the RCO supporting our proposal.

Similar wording

um essentially what it says is that larry's group the northern liberties neighbors association

Similar wording

conferred as did we directly with the river's edge community um that is like a subgroup that's

Similar wording

not an official rco that it's sort of like a neighbor's association for this tiny little

Similar wording

neighborhood so nlna wanted to make sure that recca river's edge was comfortable with us

Similar wording

converting that office space to a fifth unit. And they were. So that's something Larry highlights

Similar wording

in this letter. And then Larry discusses that the vote at the RCO meeting beyond RECA was five in

Similar wording

favor to an opposition and one who abstained or wasn't opposed. Larry did request that we added

Similar wording

street trees. And I thank you for clarifying, Mr. Chairman, that that may not be an enforceable

Similar wording

proviso. Nonetheless, there are already tree pits on our block. So we just went ahead and put trees

Similar wording

in them. Anyway, just to demonstrate here that we are not trying to skirt what the RCO wants.

Similar wording

We're trying to be good neighbors. I also have a letter of non-opposition from Councilman

Similar wording

Squilla's office, which isn't in my packet because I just received it last night, but it's on your

Similar wording

screen right now. And then I'll quickly show you. Come on. There we go. Oh, sorry. Okay. Back in

Similar wording

business. Back in my exhibit packet, I have our own properties, historic zoning permits, the one

Similar wording

that sort of predates our current permit. And the only one I'm going to highlight for you right now

Similar wording

is this permit from 1985 that addresses that the prior owner at that point applied for there to be

Similar wording

five apartments in this building. And then after that was approved at later points in time,

Similar wording

you can see that it appears that that space is declared to be vacant. Then that space is

Similar wording

declared to be a garage. Then that space is declared to be a beauty salon on these different

Similar wording

permits. So that space has had sort of a bit of a Frankenstein existence, but we really feel like

Similar wording

given what the neighborhood is now with all of these apartments around us, it's time to

Similar wording

put that back into service as an apartment unit, a fifth apartment unit. And the last thing I'll do

Similar wording

here, because the solicitor requested that I do so, was to show you some interior photos of the

Similar wording

building, since I don't have a floor plan for the whole building. This is the office space here at

Similar wording

Exhibit 13. You can see that the tenants sort of trashed it when they left, but it does have this

Similar wording

big window. It's a nice size space. It has a staircase down to a portion of the basement,

Similar wording

which it's sort of privately connected to. And this is the door out to Callahill Street.

Similar wording

the basement is like bonus space it's not that you know we necessarily need anyone to sleep down

Similar wording

here that's not the intent but we are going to put in at least our plan is right now an egress well

Similar wording

to bring some natural light into this space and it can serve as bonus space because it's it's

Similar wording

you know nice size and then last last thing just to show you some photos of the other four units

Similar wording

that are already in this building, Chris maintains them very nicely. Here's the kitchen for one of

Similar wording

them, bedroom in that unit, other bedroom. So that's a two bedroom. Here's another unit with

Similar wording

its sort of living room and kitchen. Here's that apartment's bedroom. Here's a third unit's kitchen

Similar wording

and its first bedroom and its second bedroom. And here's a fourth unit's kitchen and its bedroom.

Similar wording

So just to say, again, all of these units are a nice size. This one will be as well. We're not trying to, like, shoehorn, you know, five units in a building that shouldn't accommodate them.

Similar wording

Bring the money and bring your client on.

Similar wording

Sure. Thank you, Mr. Chairman. So, Chris Parker, could you raise your hand?

Similar wording

Chris Parker, you've been allowed to speak.

Similar wording

Hi, Mr. Parker, could you state your name and spell, please, for the court stenographer?

Similar wording

Chris Parker, C-H-R-I-S-P-A-R-K-E-R.

Similar wording

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

Similar wording

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

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Thank you, Mr. Chairman. So, Chris, first order of business, are you authorized to speak on behalf of 400 and Front Street, LLC?

Similar wording

Yes.

Similar wording

Okay. Did you hear my testimony in this zoning case today?

Similar wording

Yes.

Similar wording

And was it true and accurate to the best of your knowledge, information, and belief?

Similar wording

Yes.

Similar wording

And would you therefore adopt it as if it had been your own testimony?

Similar wording

Yes, I would.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

As you know, he is Chair.

Similar wording

Cleaning Commission.

Similar wording

It's Ron Bednar City Planning.

Similar wording

The property is indicated for residential use on the city plan or adopted.

Similar wording

District plan recommends no change to existing zoning at this location.

Similar wording

The applicant's hardship is not supported with evidence of any physical circumstances or condition of the property that would prevent it from being used and conforming with the code.

Similar wording

The density requirements of the code in particular are asserted in not compliance.

Similar wording

Therefore, we recommend the request for Vance to not be written.

Similar wording

Thank you. MI 2023-001-980-400 North Front Street. I vote yes.

Similar wording

James Snell, I vote yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Brandon, you have your votes.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Thank you, everybody.

Similar wording

Is there anyone in the virtual audience who were on the two o'clock list and their case has not been called?

Similar wording

I see no hands, Chair.

Similar wording

We're going to take a five-minute break and we'll come back and we'll knock out the 3.30 list.

Similar wording

Let's get our court reporter straight, and then we'll be back in five minutes, everybody.

Similar wording

Thank you.

Similar wording

Thank you, Chair.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

You

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Mr. Kelly, are you back?

Similar wording