ZBA Hearing - October 18, 2023

permit history for adjacent structures surrounding the property marked in green are the current

industrial or commercial uses marked in pink are all the multifamily uses as the board can see

nearly every single property surrounding this one is either multifamily or commercial,

not single-family residential. Many of these uses were granted by variance,

either because of the previous industrial classification or the more recent RSA 5

classification. Most recently, as I mentioned earlier, the property directly across the street

at 2214 North 4th Street, the board approved the erection of a new development that will add 16

residential units to that lot. Further up the street, the board recently granted a variance

at 2231 North 4th Street, which is shown here, for an industrial use, which we understand to be

a brewery. A previous board granted a variance for one of the commercial operations within the

prior residentially zoned area. So the board can hopefully see that this block has become

quite a melting pot of variance-based uses. Of all of the uses contained in this one block,

the only new residential uses have been multifamily structures, similar to the one

that we are proposing today. This combination of factors, including the unique size, the historical

use, and the diverse makeup of this block, establishes it would be a hardship to use this

property in compliance with its single-family use. We also submit that the requested variance is the

least minimum variance. There are no dimensional refusals associated with the request, and the

proposed density is largely consistent with the allowances of the former RM1 zoning and is further

consistent with the density of the multifamily uses of surrounding structures. The first floor

units in particular were designed to meet that type B ADA adaptability, and in addition, the

proposed density will allow for the inclusion of affordable units, including those with housing

choice vouchers. Given the diverse uses on this block that resulted from that prior mixed zoning,

it is the least deviation from the code to propose a use that is most consistent with the existing

character of the block. New single-family development of this street that contains

significant automotive and industrial uses is simply not viable. The proposal will not increase

congestion, and in fact, it is the existing automotive uses that are causing any congestion.

So encouraging future residential development will help to mitigate those conditions.

Although parking is not a requirement, the applicant submits it would be extraordinarily

challenging to provide parking for this development as a result of the property's

location mid-block with no other access point other than 4th Street. Finally, the proposal

will not impair light and air. As I mentioned, it is designed to be three stories and underbuilt

from a height perspective. The board saw that this design includes significant open space for

residents and does not include a basement to further mitigate any impact to surrounding

structures. The applicant submits that this proposal and the requested variance complies

in full with the requirements of Code Section 3038E.2, and as always, a full analysis is

provided in the memo of law submitted to the board at exhibit 11 uh and as mentioned the community

did unanimously support that so i i would expect that uh the councilwoman probably just had the

addresses confused which is understandable because it's been very confusing for me as well

uh so at this time i would ask either ben or adam whoever is here to raise your hand to adopt my

testimony wishy hands

we see hands adam has been allowed well they're both adam finestone has been allowed either one

either one doesn't matter

hello hi could you state your name and spell please for the court stenographer

yeah adam finestone a-d-a-m-f-i-n-e-s-t-o-n-e right do you swear or affirm to tell the truth

the whole truth and nothing but the truth? Yes.

Thank you. Adam, you are a member of 2219 LTD Philly LLC, correct?

Yes. And you've heard all of the testimony and evidence that I offered before the board today?

Yes. And would you agree that that testimony was true and accurate and would you adopt it

as if it were your own? 100%. We'd be happy to answer any questions.

questions from the board no mr chairman thank you Jim okay we got three no chair thank you

I thought you heard me questions or comments from our attorney Hillary Emerson not at this

time, Mr. Chair. Questions or comments from the virtual audience? No hands, Chair. Planning

Commission. Ron Bednar, City Planning Properties Indicator for Single-Family Residential Use

on the City Plan. Proposal represents an overuse. The Planning Commission recommends granting

a variance provided maximum three units only. Mr. Chairman, we would submit that. That's not

even consistent with how it was historically used, and it's certainly not consistent with

the density that we've presented today of similar newer proposals on this block.

Thank you.

MI 2023 001 888 2219 to 21 North 4th Street, I vote yes.

Thomas Holloman, my vote is yes.

James, my vote is yes.

This is no Shaheed. My vote is yes.

Thank you, Councilman. Thank you, Board Members.

Okay. Is there anyone in the virtual audience whose 3.30 case has not been called?

No answer.

Thanks, everyone.

Thank you.

A little bit of a longer day, but thank you all very much.

Thank you.

I appreciate it.

Take care.

No problem.

Okay.