civus
Hearing video

ZBA Hearing - February 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 10, 20218h 33m

Lori good afternoon just identify yourself with the record you're still under oath from earlier.

Similar wording

Good afternoon, Mr. Chair, members of the board, Hillary Emerson, on behalf of Councilwoman

Similar wording

Sherelle Parker. As Mr. Reuter stated, the Councilman is not opposed to the granting

Similar wording

of a variance for the fence or fences. Actually, in this case, we appreciate that they will

Similar wording

aesthetically match with the neighborhood, and we understand that they are important to protect the

Similar wording

upgrades that is being made to this essential facility. The community also voted in

Similar wording

is being made to this essential facility the community also voted in support i just forwarded

Similar wording

the letter to to sharon and to mr reuter i didn't realize that mr reuter had not received it it was

Similar wording

sent i think just to the zoning board as well as our office but the the community was unanimously

Similar wording

in support of the requested variances thank you thank you anyone else would like to testify

Similar wording

I just want to thank the members of the RCO and obviously council member Parker's office and

Similar wording

Hillary for working with us on this and obviously and the members of the team who did a lot of work

Similar wording

on this and we are hoping to get moving on it pretty quickly so if there's not anything else

Similar wording

that's it for us mr reuter do you need to hear from mr olisco or miss brown no not unless anybody

Similar wording

has any specific questions uh based on what we presented but i think you have everything you need

Similar wording

i think it's covered yes uh planning commission good afternoon david effecto f e c t e a u with

Similar wording

the city planning commission do you swear and affirm to tell the truth the whole truth nothing

Similar wording

about the truth yes sir i do thank you mr chairman members of the board the comprehensive plan

Similar wording

recommends residential single-family use for this property this is an existing philadelphia

Similar wording

water department pumping station we support granting the variance thank you mi 2020-003-131

Similar wording

1913-2568th avenue my vote is yes my vote is yes my vote is yes

Similar wording

calendar number 1333-2027 Ellsworth street

Similar wording

Anyone here for 2027 Ellsworth Street?

Similar wording

Chair, we have someone by the last name Kane, first name Derek.

Similar wording

Mr. Kane, you can unmute yourself if you're allowed to speak.

Similar wording

Are you in regards to this case?

Similar wording

Yes, you can promote him to panelists.

Similar wording

He's the attorney.

Similar wording

Okay.

Similar wording

Excuse me, Mrs. Sharon.

Similar wording

I believe he's actually the property owner.

Similar wording

He's been promoted to panelists.

Similar wording

good afternoon board can you hear me yes are you an attorney i am i am an attorney but i am the

Similar wording

owner applicant for this project would you please spell your first and last name yes i can my first

Similar wording

name is d-e-r-e-k and my last name is k-a-n-e do you swear in the firm to tell the truth the whole

Similar wording

truth nothing but the truth yes i do thank you thank you carol please good afternoon board members

Similar wording

and thank you for your time um as i said before my name is dara kane the owner we have some we

Similar wording

have some questions carol has to read them off to you oh i apologize okay have you emailed the

Similar wording

exhibit paculate to require documents including proof of ownership tax compliance refusal or

Similar wording

referral photos and or plans of the property five days in advance of this hearing and have you met

Similar wording

with the rco and do you have a letter uh yes to all okay you may proceed thank you so much carol

Similar wording

Sure. Again, good afternoon, board. My name is Derek Hane. I'm here as the owner and applicant for this project. This project is to put solar panels on top of the home that I own with my partner.

Similar wording

And we want to put those panels on in the form of a solar canopy. And we are here to request a variance to allow that solar canopy to be two foot closer than is required.

Similar wording

and we want that so we can have a house that is a fully solar powered and a project that is

Similar wording

economically feasible. Representatives from Solar States, our contractor, are here today who'd be

Similar wording

able to answer very technical questions if posed. But for now, I'll begin by sharing my screen and

Similar wording

showing the L&I refusal letter.

Similar wording

Here's the LNI refusal letter and just to summarize it says that associated solar collectors shall be set back at

Similar wording

And just to summarize, it says that associated solar collectors shall be set back at least seven feet from the extreme front building line, whereas the structure proposed is to be set back five feet from the extreme front building line.

Similar wording

So to make that as simple as possible, what our variance is about is two feet.

Similar wording

We want to put the solar collectors five feet from the front of our house as opposed to the required seven feet.

Similar wording

Let me show you some images so you better understand what we're asking for, and I can better explain it.

Similar wording

What I'm showing to everyone now is the solar collector, solar canopy that we are proposing.

Similar wording

You can see that it sits on four legs that split to allow for maximum surface area on the ceiling, on the roof that is of our house.

Similar wording

You can see that it doesn't go any higher than our already existing pilot house, which is that red structure to the left.

Similar wording

And you can see that it supports 12 panels.

Similar wording

It's a little bit hard to see, but if you were to count, you would see that there's three rows of four panels.

Similar wording

And finally, you would see that the solar collector lines up with our already existing five-foot setback.

Similar wording

So again, this is what we are looking to do.

Similar wording

What we could do by right is seen here.

Similar wording

As you can see, it looks almost exactly the same.

Similar wording

still has the same sort of look appearance still has the same height but now it is set five feet

Similar wording

back seven feet back from the front of the house it's a little bit hard to see but those first

Similar wording

panels would be two feet back from our existing five foot setback and it only now supports eight

Similar wording

solar panels and that really is our issue the reason why we want a five foot setback as opposed

Similar wording

The seven is because with eight solar panels, we would only be able to generate 70% at best of the energy that we use at 2027, and we want it to be 100.

Similar wording

And just to be clear, we are already a low-energy household.

Similar wording

We're the kind of family that turns lights off as soon as we leave a room.

Similar wording

So that 70% really isn't a lot of energy.

Similar wording

now

Similar wording

pilot house currently exists

Similar wording

um can you repeat that question chairman you have a the orange is a pilot house yes that is

Similar wording

just the pilot house that already there were also concerns uh initially we did propose commercial

Similar wording

space on the ground floor uh and the community was concerned about um had mentioned some concerns

Similar wording

about traffic in and out of there given the school nearby. So the original proposal was

Similar wording

slightly modified and then we actually ended up switching architects given the pushback that we

Similar wording

got in order to sort of try again over the last year and a half to provide a different product,

Similar wording

smaller in scale, more community input was incorporated in the project. I'm going to have

Similar wording

Scott specifically go through the changes that were made for the most recent project that we

Similar wording

have. But just kind of want to talk about the hardship of this lot before he goes into that.

Similar wording

Obviously, not only is it obviously ICMX, it's only 6,812 square feet. Well, most lots that are

Similar wording

zoned ICMX, you know, are in this area are in the range of 40,000 square feet to 100,000 square

Similar wording

feet. And again, it is across the street from RSA 5, which is a single family zoning district.

Similar wording

We did look at the option to provide single family. The ability to do that on a corner here

Similar wording

didn't make any sense. In addition to the fact that the odd shape of the lot would make for sort

Similar wording

of very weird, irregular looking homes with no parking and would not really be something that

Similar wording

matched the industrial side of the street, which was what we were trying to really mirror.

Similar wording

In addition to the odd shape of the lot and sort of the fact that the industrial zoning and commercial zoning is not feasible from a market perspective or even for what requirements those types of businesses would have,

Similar wording

um the comprehensive plan for the city specifically addresses um that this property

Similar wording

should be rezoned or should have been rezoned or previously was zoned as rm1 uh specifically

Similar wording

page 80 of the plan which i'll bring up um one second

Similar wording

this is the environmental stuff which i'll get into in a minute but the comprehensive plan um

Similar wording

And I've spoken with the community planner here, David Fecto, who I know is on this call as well.

Similar wording

The community planner here, David Fecto, who I know is on this call as well, you know, the community, this plan for it specifically calls out a residential multifamily use.

Similar wording

It doesn't really call for commercial or industrial, although that's what it's currently mapped as.

Similar wording

It also doesn't seemingly seem to make sense or be called out for single family.

Similar wording

It's also not something that the school at this point is able to afford to turn into a parking lot for the school.

Similar wording

I don't think that they have the funds and I don't think the city was willing to purchase

Similar wording

it either to donate it to the school either.

Similar wording

It's also worth mentioning that this comprehensive plan specifically discusses that the city

Similar wording

should be considering variance relief or zoning relief for properties that are off of the

Similar wording

North American street corridor that are vacant industrial sites as it understands and contemplates

Similar wording

that a location like this is not typically appropriate for industrial commercial use.

Similar wording

Additionally, this property sits across 29th Street from a Commonwealth-designated Keystone

Similar wording

Opportunity Zone. These zones are in specific areas of the city that have been identified as

Similar wording

in need of infrastructure and development investment due to high poverty rates, large

Similar wording

amounts of vacancy, and significant population or job loss. This specific KOZ has a high amount

Similar wording

vacancy and its surroundings have been significant population loss in recent deckways as well as

Similar wording

median incomes significantly lower than the city-wide average so this project that we're

Similar wording

proposing which Scott will go through which was reduced from 23 units to 20 units to 16 units

Similar wording

and removed the parking as there were concerns about putting a curb cut uh which where people

Similar wording

could walk and where there is a bus station um was also removed and a sort of a pocket park was

Similar wording

created in order to separate the school from this building, in addition to adding a community benefit

Similar wording

feature for people who may be waiting for the bus and things of that nature. This specific

Similar wording

proposal helps support the revitalization of this corner, which hopefully will then drive

Similar wording

maybe additional investment, which would actually help within the limits of the KOZ itself.

Similar wording

So, again, the other change we did make was to the height, and I would like to see if

Similar wording

Scott could share his screen so that we can go through the most recent proposal, and as

Similar wording

I think the board will see, we've made significant changes from what I also agree was a little

Similar wording

bit too ambitious of an original proposal, and once this other developer got involved,

Similar wording

we sort of made a lot of adjustments over the last year and a half.

Similar wording

So, Scott, if you could present your screen and just briefly go through the plans and

Similar wording

the changes that we made, specifically addressing the size and scale of the project and sort of the

Similar wording

open space that we now have in order to sort of address the concerns that the community had about

Similar wording

the location with the school. And then I wanted, would like to have Phil Sharrow be on to just as

Similar wording

a real estate expert who specializes in commercial and industrial brokerage and sales to kind of

Similar wording

opine as to sort of the ability to do commercial

Similar wording

or industrial on a site like this.

Similar wording

So Scott, you could share your screen,

Similar wording

that would be great.

Similar wording

Could I be promoted to screen-check?

Similar wording

You've been promoted to panelists, Mr. Woodruff.

Similar wording

Woodruff, please identify yourself,

Similar wording

spell your last name and I'll swear you in.

Similar wording

Chair, I think Vice Chair Tenere swore them both in.

Similar wording

I think we're both sworn in.

Similar wording

Oh, yes.

Similar wording

Thank you.

Similar wording

I apologize.

Similar wording

You're right.

Similar wording

Scott, you can go ahead.

Similar wording

While we're waiting, are there revised plans and how many pages?

Similar wording

Yeah, they're not revised plans. We actually went back and resubmitted

Similar wording

through the administrative leave of the board to amend the application.

Similar wording

Sorry about that. As Rachel stated, we kind of took this project, completely wiped everything

Similar wording

that was previously done and re-looked at this in a new light based on the community feedback

Similar wording

that was provided. So what you see in front of you is a three-story building and aesthetically

Similar wording

takes a lot of cues from the surrounding neighborhood being the row homes as well as

Similar wording

the school and really tries to be very cognizant of that school and kind of the relationship of

Similar wording

the project to that. The height was dramatically reduced from where it was

Similar wording

uh with the main cornice line being at 35 feet um and

Similar wording

with the main cornice line being at 35 feet and actually slopes back up on this 29th Street side to be even less.

Similar wording

We'll zoom in a little bit, Scott.

Similar wording

Sure.

Similar wording

So here you can see the proposed site plan.

Similar wording

As Rachel stated, there's a pocket park that we're proposing in a large amount of green space that is adjacent to the nearby school.

Similar wording

again important for us to pull away the building from the school as much as

Similar wording

possible to kind of separate those uses as well as direct any views kind of away

Similar wording

from the school necessarily as well as Rachel stated we're at 16 dwelling units

Similar wording

there's a bike room as well as indoor trash that's completely enclosed and not

Similar wording

exterior um and then there's a lobby that's located towards the corner um to give more eyes

Similar wording

on the street and also kind of a the best entry point for the building as this is the you know

Similar wording

most traveled corner per se um and close to the bus stop at that point it's also important to

Similar wording

point out as well um that we one of the concerns was having any windows facing the school and so

Similar wording

we specifically adjust you know adjusted the plans to make sure that there are no windows

Similar wording

on the school side of the of the building as well i want to point that out

Similar wording

okay um so this is the the glenwood elevation um again you can see the the cornice line here is

Similar wording

about 35 feet there is uh access to the roof via stair tower and elevators um which you see

Similar wording

you know top of the penthouse itself is around 49 pilot house around 45 but again just a small

Similar wording

portion of the building that is not very visible from that Glenwood elevation here on the 29th

Similar wording

street elevation again similarly you can see the building does step up so at this elevation

Similar wording

we're roughly 27 28 feet to the top of the cornice line again reducing the height

Similar wording

produce a similar feel in the neighborhood that isn't overpowering uh and we have an axon just

Similar wording

showing basic massing of kind of what that school is at which is around 35 feet um again based on

Similar wording

the the community comments uh it was important for us to try and match that by all costs and

Similar wording

again kind of create a feel uh that made the building fit in um with the surrounding context

Similar wording

and wasn't overpowering for the neighborhood um just to note too kind of our thoughts on

Similar wording

the pocket park was to provide uh some vegetation buffer along the school um and some nice landscaping

Similar wording

benches so that the community could use this space as a benefit um as well as the the apartment

Similar wording

building to provide some value add uh for the the overall community as well

Similar wording

um happy to go over any any other specifics rachel that uh you want me to or if there's

Similar wording

any other questions let me ask are there any questions from the board for this witness

Similar wording

no no we can move on rachel thank you chairman um phil if phil could raise his hand um i just

Similar wording

to bring him on i know he has somewhere to run to and just want to have him on the record mr

Similar wording

sharrow you should be unmuted you can speak now hi everybody hi good evening mr sharrow please

Similar wording

identify yourself spell your last name for the record yeah phil sharrow s-h-a-r-r-o-w

Similar wording

where to tell the truth the whole truth nothing but the truth i do rachel thank you mr chair uh

Similar wording

Phil, can you just give the board a little bit of information on your professional background,

Similar wording

where you work, how long you've been doing what you're doing, and to sort of establish

Similar wording

your expertise in the real estate space?

Similar wording

Yeah, so my career began in commercial real estate roughly seven to eight years ago.

Similar wording

I ran a leading team at a national publicly traded investment sales firm.

Similar wording

prior to starting Scope Commercial Real Estate Services about two to three years ago.

Similar wording

Our main scope of work is representing sellers in the sale of either multifamily commercial

Similar wording

or development properties. Majority of our business is done right here in Philadelphia.

Similar wording

Thank you. And Phil, are you familiar with this area and have you had a chance to review the

Similar wording

plans that we proposed? I have and I have. Could you explain to the board from your expertise and experience why commercial or

Similar wording

Could you explain to the board from your expertise and experience why commercial or an industrial use, it might be difficult on this site from a sales perspective or a buy perspective, given your experience?

Similar wording

Sure. So I'll just back up for a second and give you guys a little bit of clarity into how I or we in the business approach a site like this or any site for that matter, being it being land or a site that is suitable for some sort of development.

Similar wording

So for us, the first thing we want to understand is, okay, well, what is the highest and best use?

Similar wording