civus
Hearing video

ZBA Hearing - February 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 12, 20255h 35m

and there was a split vote within the community and we will address the community comments in

Similar wording

kind. The Brewery Townshardswood Community Civic Association has a two-step process,

Similar wording

one of which we present, not present, but we provide them the documentation for the presentation

Similar wording

that we intend to give to the community. So they're a very sophisticated organization

Similar wording

that reviews these documents very carefully and the fact that their executive board or zoning

Similar wording

Committee supports this project, speaks volumes about the quality of this project. The third

Similar wording

exhibit is our revised proviso plan form. As I indicated, one of the provisos would be a reduction

Similar wording

of the unit count to two units, which is not out of character to other properties on this block.

Similar wording

In our presentation, I'll review those, but 1612 is two units, 1638 is three units, and 1644

Similar wording

is also three units so what we're proposing is not out of character uh for this block and this

Similar wording

zoning board has approved such variance use in the past then after the meeting we were actually a

Similar wording

little bit surprised in terms of the uh somewhat some slim opposition to this matter we actually

Similar wording

reached out to the community and individually solicited members of the community within close

Similar wording

proximity to the property and we have a two-page petition of signatures which include many members

Similar wording

on the 1600 block who would be most directly impacted by this project afterwards exhibit five

Similar wording

is the um the 1600 block of north 26th street as i indicated 1612 38 and 44 um all have variants or

Similar wording

have multi-family use then we'll review maps of the area photographs of the property we have the

Similar wording

original drawings and we have now the revised drawings um our rco meeting notice our application

Similar wording

for appeal that we filed with the zba deed to the property showing that elite electric aa inc is the

Similar wording

owner of the property and our certificate of tax clearance showing that we're a good standing with

Similar wording

the city of philadelphia again to the left of me is gazi out of seven the owner's representative

Similar wording

at the conclusion of my presentation i would ask that mr out of seven which he's already done

Similar wording

hit the button it's on green you'll be sworn in and then i have a few questions for you

Similar wording

and then also in the virtual audience is chris johnson the architect's representative from 24

Similar wording

7 design he can answer any technical questions we may have

Similar wording

design. He can answer any technical questions we may have.

Similar wording

Yeah, we're going to text Chris. You can text Chris now. We just want to make sure that he's

Similar wording

available if there's technical questions. All right, so the notice refusal is this. This is

Similar wording

an RSA 5 property, but it's rather large in size, 1,370 square feet. We're not seeking any

Similar wording

dimensional variances. We're only seeking a used variance. Here, we were originally seeking three

Similar wording

units now we've reduced it to two units while we believe three units is still appropriate under

Similar wording

the circumstances because 1638 and 1644 north 26th street which are both on that block how long did

Similar wording

it was it reduced before the vote no it was reduced in in response to their vote so after

Similar wording

the meeting there was some indication from the community that they would be like i don't know

Similar wording

if the word is less opposed to two units as opposed to three units. So I talked to my client

Similar wording

about it and, you know, that's hopefully the compromise that we can come to. Okay. And then

Similar wording

again, the community here is really important to look at this, the zoning committee, which again,

Similar wording

I've presented in this community for, oh my God, at least a decade. You know, they're very

Similar wording

sophisticated. They know what they're doing. They have a process in place where you have to provide

Similar wording

the documents a few weeks before the community meeting and they review them they and and if you

Similar wording

don't provide those documents a few weeks before the community meeting you don't have a community

Similar wording

meeting that's how serious they are they unanimously supported this project we had 10

Similar wording

members of the community i think maybe it was nine because maybe it's me abstaining from voting

Similar wording

who voted and it was a close vote but most it mostly had to do with this mr out of seven

Similar wording

provides affordable housing. Is that, you know, something that can be enforced by this zoning

Similar wording

board? No, but that's his business model. And for some reason, there was a pushback by one of the

Similar wording

RCOs that we don't like affordable housing anymore. We don't want that, which is just blew my mind.

Similar wording

You know, because, you know, diversity of housing is a really good thing in neighborhoods. You want

Similar wording

market rate and affordable housing. And there's a shortage of affordable housing in many of these

Similar wording

neighborhoods, including Brewery Town Shardswood, where there's been a lot of development where

Similar wording

people have been pushed out of Brewery Town Shardswood. So providing affordable housing is

Similar wording

a good thing, I thought. But to one of the RCOs, that was not the case. So during the meeting,

Similar wording

again, there were certain things discussed, one of which was the height, which made no sense to

Similar wording

me because we're providing, as of right, 37 feet. Another thing is we're altering the character of

Similar wording

the neighborhood again there's a mix of multi-family and single family on that block so

Similar wording

we're not out of character in in actuality two of the three multi-family structures there are

Similar wording

three units one is two units three units would be in character but we propose now to go down to two

Similar wording

units we didn't provide a roof deck because that's one of the overlays that was proposed in brewery

Similar wording

town shardswood as it's the case in many parts of strawberry mansion so out of respect to the

Similar wording

community. We didn't even propose that. It's in character because we'll look at the plans,

Similar wording

but we have a flat building facade with a well-defined cornice line as well. So we thought

Similar wording

that that was in character. And in terms of parking issues, we are near public transportation.

Similar wording

We're also near two commercial corridors, one on Cecil B. Moore and one on Ridge Avenue to help

Similar wording

support that multifamily use. So again, in response to the community meeting, we are proposing now to

Similar wording

reduce the unit count from three units to two units. And to put it more in character, we didn't

Similar wording

have a dimensional variance for occupied area or rear yard setback. But in order to accommodate the

Similar wording

fact that we were a little bit deeper to the property to the right of us, we reduced the

Similar wording

building depth from 68 feet to 50 feet. Now you'll see on the site plan, we match the depth of the

Similar wording

building to the right of us, making us even more in character to the neighborhood as a whole.

Similar wording

And you can see that right here. And we're actually less than the property to the left of

Similar wording

us, which looks like it has full lot coverage. And then the petition, again, we're near Cecil B.

Similar wording

Moore, Oxford, Bally Street, 16th Street. Those are all the intersecting streets or nearby streets,

Similar wording

but I will point particular attention to all these addresses that were on the 1600 block of

Similar wording

North 26th Street. And then again, just to give you information, 1612 North 26th Street was granted

Similar wording

by way of variance. I believe that's two units in 2022. And then, trying to read this, 1638 North

Similar wording

26th Street has three units, and then 1644 North 26th Street.

Similar wording

as three units. And then 1644 North 26th Street was granted by way of variance in 2021,

Similar wording

and that's also three units. And then there's other properties nearby, 2601 Oxford Street

Similar wording

also is multifamily in nature. And then maps of the area, I just want to give you a sense of

Similar wording

there's a diversity of zoning in this neighborhood yes are we in a solidly yellow part of the map

Similar wording

yes are we close to rm1 the cmx2 rmx and then rm1 all around the answer is yes too

Similar wording

and but it's not out of character what we're what we're proposing and then you can see here

Similar wording

we have two commercial corridors one on ridge avenue one of cecil b more with ample public

Similar wording

parking uh public transportation and then photographs of the property uh so this has been

Similar wording

a this is a vacant lot right now it's been a vacant lot for as far back as you can see on

Similar wording

google street view so that's over 15 years old and then just proof of posting of for today's hearing

Similar wording

this is north 26 to the right of the property to the left of the property our original plans i

Similar wording

believe yes um didn't really change much we'll just go to the um you know you know other than

Similar wording

the depth of the building but you can see here like is this building in character from an

Similar wording

architectural standpoint yes it is does it have a pronounced cornice line yes does it have uh

Similar wording

pronounced lentils yes is it a flock building for sides yes does it have numbers on the front

Similar wording

of the property yes with lighting as well it mimics the architecture of the neighborhood

Similar wording

so it's not out of character and we shorten the building as well to be more in character

Similar wording

to the property to the right of us as well as you can see here and we're shorter to the

Similar wording

building to the left of us and we're well within the height limitation of 37 feet and

Similar wording

then in terms of the living, these are two bi-level units. Unit number one is a two-bedroom.

Similar wording

Actually, let me just make, you know, let me just, it's a one-bedroom, one-bath.

Similar wording

So as you can see here, you know, you come into this common vestibule area, which is very common

Similar wording

in Philadelphia, you make a right, you get into unit number one, the bedrooms in the

Similar wording

front, oops, getting a little ahead of myself here, let's try to go back, let me get out

Similar wording

of this for a second, can't get out of it, all right, let's go back,

Similar wording

so unit number one you come into the common uh vestibule area you make a right there's a living

Similar wording

room a kitchen and then the front part of the of the property is a bedroom and one bath you'll see

Similar wording

there's windows in the front and in the back for the living area as well as the bedroom and then

Similar wording

you go down to a lower level which is an open floor plan instead of going to the right you go

Similar wording

to, you go up a flight of steps and the same thing mimics it. You come out, you have a living room

Similar wording

and the kitchen, again, ample window space. And, um, you have one bedroom here and then you have

Similar wording

two bedrooms above with another bath, no roof deck, um, and storage of trash would be for the

Similar wording

first floor and lower level unit in the rear. And for unit number two, it would be a ventilated

Similar wording

trash closet we met with the community on october 17th at 6 30 p.m this is the email that we sent

Similar wording

to the community showing proof of mailing that we sent to 164 addresses these are the addresses that

Similar wording

we were given by the planning commission proof of mailing to those addresses our application for

Similar wording

appeal that we filed on behalf of our client along with the notice of refusal and the project

Similar wording

information form our deed to the property showing that elite electric aa inc is the owner of the

Similar wording

property and then our certificate of tax clearance i'm going to unshare my screen right now we can

Similar wording

always go back to it if you have any questions and like i said i have the architect's representative

Similar wording

chris johnson of 24 7 design but before he gets on if if necessary i have gaziata seven to my left

Similar wording

Sir, could you please, is your mic on?

Similar wording

I think so, yes.

Similar wording

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

Similar wording

My name is Ghazi, G-A-Z-I.

Similar wording

The last name is Ataseven, A-T-A-S-E-V-E-N.

Similar wording

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

Similar wording

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

Similar wording

Yes.

Similar wording

Yes.

Similar wording

Please proceed, Cal.

Similar wording

Please proceed, counsel.

Similar wording

Yes.

Similar wording

Dazi, you heard everything I had to state today about your zoning matter.

Similar wording

Yes, I heard that.

Similar wording

Is it true and correct?

Similar wording

Yes, absolutely.

Similar wording

And do you adopt this in your own testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Questions from the board.

Similar wording

What's happening in the basement?

Similar wording

What's happening in the basement?

Similar wording

It's just an open floor plan down there.

Similar wording

Is it living space?

Similar wording

Is it habitable space?

Similar wording

It is living space.

Similar wording

there's a window well in the rear um it was at i believe has been asked of us previously in the

Similar wording

brewery town strawberry mansion area not to have the window well in the front so from an aesthetics

Similar wording

point of view we we i always recommend to my clients not to have that in the front so but

Similar wording

we do have one in the rear not on the plan um let me see i don't plan that you showed

Similar wording

it shows like a double window

Similar wording

but it doesn't show

Similar wording

it doesn't show a well

Similar wording

are you that far above

Similar wording

we go six feet into the ground

Similar wording

the basement below

Similar wording

the basement is six feet

Similar wording

into the ground

Similar wording

and then it goes above

Similar wording

another three feet

Similar wording

out of the ground

Similar wording

so you need a you need a well you don't yeah let me see what the revised plans have

Similar wording

maybe we maybe we did not update also just a note the revised plans did not show open

Similar wording

floor plan in the basement it showed it having rooms um well those are the original so there

Similar wording

were two sets of documents um so i can just tell you that the revised plans that are in front of

Similar wording

me all we have is the site plan and the revised plans so this is the site plan um i would defer

Similar wording

to chris johnson of 24 7 design if if he's online do we see him they've been promoted to

Similar wording

panelists mr chair and they will be in shortly thank you you're welcome

Similar wording

good afternoon everyone how are you why could you please state your name and spell for

Similar wording

a stenographer? Christopher Johnson, C-H-R-I-S-T-O-P-H-E-R, Johnson.

Similar wording

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

Similar wording

Yes. Could you put your video on, please?

Similar wording

Sorry, I'm literally just coming in from a site visit.

Similar wording

Okay, good. Did you hear the questions?

Similar wording

Can you repeat it, please?

Similar wording

Michael?

Similar wording

The question that I had was, what's happening in the basement and what's the depth below?

Similar wording

I think I got the answer for the depth below gray for the basement, but what's happening in the basement?

Similar wording

The basement was just being used for storage and utility storage and also wash and dryer.

Similar wording

Okay.

Similar wording

So is there an egress well?

Similar wording

Because there's no egress well showed on the plan that I see.

Similar wording

well we were going to originally just it was going to be non-habitable meaning just

Similar wording

being used for washer and dryer um we were just going to be below grade with a ceiling height of

Similar wording

six foot eight um but if if it wants to be habitable we can definitely put an egress

Similar wording

well in the rear of the building it's an issue in terms of the that depth below grade and whether or

Similar wording

not it it makes sense to be habitable but okay you answered the question thank you yeah so chris um

Similar wording

Is there any other alternatives other than a window well that you would recommend if we want to make the space habitable?

Similar wording

Yes, we can put a walkout, a walkout, egress way.

Similar wording

So is the intention for the basement, so I'm hearing two things.

Similar wording

So is the intention for the basement to be habitable or is the intention not for the basement to be habitable?

Similar wording

so again i my understanding from the client is that it was an extra space for the you know the

Similar wording

occupant of unit number one you know just in terms of an office or just storage

Similar wording

so if if if the board wants like i guess what when what chris is saying what was this potential

Similar wording

solution? An egress walkout. An egress

Similar wording

walkout. That's something that, Chris, you can update

Similar wording

the site plan for. Is that correct? Correct.

Similar wording

Where's the HVAC unit for the

Similar wording

second floor unit? I'm assuming that

Similar wording

you've got the HVAC and hot water in the basement for the first floor unit.

Similar wording

Alan, can you go back to the floor plan, Alan?

Similar wording

And I say the third floor has a.

Similar wording

And I see the third floor has a, I don't see anything on the second.

Similar wording