civus
Hearing video

ZBA Hearing - August 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 17, 20215h 9m

So with that being said, I'm sorry.

Similar wording

This is Sharon Saleta.

Similar wording

Mr. Nalkamson, all of the changes

Similar wording

that you described from the original refusal

Similar wording

they were reviewed by L&I and are reflected in the amended refusal, is that correct?

Similar wording

That is correct. There's two refusals dated June 19, 2021, and they were given to your office as well, ZBA's office as well.

Similar wording

If they don't have it, well, it's in our packet of materials that we presented.

Similar wording

We do have it, but I would ask that the board, if they vote to approve this, that a proviso be added, stating that it is, as per refusal, dated 6-19-2021, so there is no confusion.

Similar wording

6-19, Sharon?

Similar wording

Yes, 6-19-2021.

Similar wording

I'm sorry, Sharon. This is Tanya. Can I respectfully request that we add the new number as well?

Similar wording

um yes let me check that thank you

Similar wording

the new number are you speaking at the new calendar number um the uh refusal number

Similar wording

and that way ellen and i will not be confused at all they request that we do that

Similar wording

okay i will do that the the reason that it that's what i've done in the past um there in a couple

Similar wording

of recent refusals there has not been a different number so i will check on this to be there

Similar wording

there is a different number i'm looking at it right now so do you want me to just read out

Similar wording

the number to you yes if you could do that please perfect thank you 715 north 42nd street the new

Similar wording

application number is ZP-2021-006799. 006799? Yes. And then the one for 1717 North 42nd Street

Similar wording

is dash 006798. Okay. What a morning this is. Did I ask if the board had any questions?

Similar wording

No, you did. No. You did ask and we have no questions. Thank you. Planning Commission.

Similar wording

good afternoon and litwin planning commission staff the comprehensive plan recommended the

Similar wording

change to single family residential zoning for this property this change was made in 2014 as

Similar wording

part of a comprehensive neighborhood wide remapping effort the proposal for six units is an overuse

Similar wording

of the parcel considering it would not meet the dimensional standards for multi-family lot

Similar wording

we support the community's goals of increasing home ownership opportunities but feel this is not

Similar wording

the minimum variance required

Similar wording

and recommend against granting the variances.

Similar wording

Calendar number ZP-2021-006799.

Similar wording

The address is 1715 North 42nd Street

Similar wording

and calendar number

Similar wording

ZP-2021-006798

Similar wording

the address is

Similar wording

1717 North 42nd Street

Similar wording

my vote is yes on both cases

Similar wording

my vote is yes on both cases confessor plaza excuse me madam chair

Similar wording

Professor Plaza my vote is yes

Similar wording

excuse me Madam

Similar wording

i think you have to read those individually with the proviso adding the um updated

Similar wording

the zp numbers that mr knockin can read out so you want me to read these individually with the

Similar wording

zp numbers and then add after each one as per refusal date 619. no if you are reading the

Similar wording

number it isn't necessary then to put the refusal date on it will just be the case and as per zp

Similar wording

number for each one okay i will do that again the address is 1715 north 42nd street

Similar wording

calendar number zp as per calendar number zp 2021-006799 my vote is yes

Similar wording

uh confessor plaza my vote is yes with proviso

Similar wording

james snell my vote is yes with proviso thomas holliman my vote is yes with proviso

Similar wording

Next, 1717 North 42nd Street, as per calendar number, ZP-2021-006798, my vote is yes.

Similar wording

Confessor Plaza, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

We are now on number eight.

Similar wording

Calendar number 1010-2608 West Dolphin Street.

Similar wording

The attorney is Jeffrey Young.

Similar wording

And with this case, there is no RCO letter from Strawberry Mansion CDC.

Similar wording

Madam Chair, Jeffrey Young doesn't have his hand raised.

Similar wording

Okay, do you know what I'll do?

Similar wording

If it's okay with Ms. Sunken, Ms. Saleta, I'll move on to number nine.

Similar wording

Excuse me, Madam Chair, that would be good.

Similar wording

I think this one may take some time.

Similar wording

um chairman chico um may be signing on now or within the next few minutes could we check to

Similar wording

see if he is here he is here ah okay thank you okay uh mr chair do you want me to call the case

Similar wording

out again? Yeah, if you don't mind, please. I'm sorry for the lateness ahead. Calendar number

Similar wording

MI-2020-001010, 2608 West Dolphin Street. The attorney is Jeffrey Young, and we have no RCO

Similar wording

letter but the exhibits were submitted. Mr. Young appears not to be here could we um

Similar wording

could you maybe move this one back and I will try to contact him. Sure um Mr. Chair do you want

Similar wording

to go to number nine or do you want me to? If you don't mind Carol would you continue and not at all

Similar wording

Calendar number 0336-4401 Ridge Avenue.

Similar wording

The attorneys are Sean Whalen and Paul Bonney.

Similar wording

Mr. Whalen is coming back in as a panelist.

Similar wording

Hi, Mr. Whalen.

Similar wording

Can you put your name and address on the record, please, and spell your last name?

Similar wording

Certainly. Good morning, Madam Chair.

Similar wording

Sean Whalen, S-E-A-N-W-H-A-L-E-N, 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19003.

Similar wording

Is Mr. Bonney here? Yes, there you are.

Similar wording

Hi, Mr. Bonney, can you put your name and address on the record and spell your last name?

Similar wording

good morning good morning my name is paul bonnie b-o-n-i my address is 325 chestnut street suite

Similar wording

1109-19106 do you swear or affirm to tell the whole truth and nothing about the truth

Similar wording

yes i do do do i do this together do both of you agree to waive the reading of the refusal

Similar wording

and stipulate to its accuracy or do i have to do this individually miss uh no this would only be

Similar wording

Or do I have to do this individually, Ms. Saleta?

Similar wording

No, this would only be Mr. Whalen who would have to agree to waive the reading.

Similar wording

Okay.

Similar wording

Okay. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do, and I will. However, I believe you need to swear me in as well.

Similar wording

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

Similar wording

I do, and what I just stated was the truth, and I do waive the reading of the refusal and stipulate to its accuracy.

Similar wording

Wait, this is some warning, I'll tell you.

Similar wording

Have you emailed?

Similar wording

But it was pretty spectacular the way you asked if Chairman DiCicco was on and he appeared,

Similar wording

and you asked if Mr. Bonney was on and he appeared.

Similar wording

So you've got something going for you.

Similar wording

We have magical powers.

Similar wording

Have you emailed an exhibit packet with the required documents consisting of proof of

Similar wording

ownership, tax compliance, refusal or referral, photos and or plans of the property five days

Similar wording

in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes to everything except for the RCO letter. We met with, there are multiple RCOs here. We do have

Similar wording

an RCO letter from East Falls Forward, and although not an RCO, a community group,

Similar wording

East Falls Development Corporation. We also met multiple times with East Falls Community Council,

Similar wording

EFCC, which is whom the party that Paul Bonney represents, they, to my knowledge, have not

Similar wording

presented a letter, but the voting meeting was held back in February. Okay, and we do have the

Similar wording

first two that you mentioned, East Falls Forward and East Falls CDC. You may proceed. Can I just

Similar wording

mention, just to make sure we're on the same page, I thought that East Falls Community Council

Similar wording

submitted a letter uh maybe in in the past couple of days um

Similar wording

if they did this letter would have it okay uh could this could mr letter or or the others

Similar wording

see if they have it if not i can uh i will check right now mr bunny okay okay it's a short letter

Similar wording

sean um but uh i assume it says uh you oppose yes it does it does and i also want to mention

Similar wording

that i don't agree with the representation that there was some court of some sort of voting

Similar wording

meeting um official voting meeting back in february but maybe we'll get into that later

Similar wording

um we do have a letter that was submitted on monday afternoon from east falls community council

Similar wording

So I will forward that to the board

Similar wording

or perhaps you could pull it up on the screen

Similar wording

when you make your presentation, Mr. Bonney.

Similar wording

Okay, I'll do my best.

Similar wording

I'm not sure I have it,

Similar wording

but I apologize for it not being in Sean's hand,

Similar wording

but I'll multitask as we move forward.

Similar wording

I will email it to you too then.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you, Ms. Saleta.

Similar wording

Okay.

Similar wording

all right madam chair would you like me to proceed yes i would okay thank you very much

Similar wording

sean whalen here from vintage law i am representing a tapco properties inc the equitable owner with

Similar wording

regard to 4401 ridge avenue and we'll start sharing my screen

Similar wording

no unfortunately i can't tell what you're seeing so uh can you just confirm for me that you're

Similar wording

seeing a rendering of what I will represent as our new proposed building. A very, very large

Similar wording

building. Yes. So this is the ultimate rendering. We began this process back in January, submitting

Similar wording

an original set of plans back to the RCO, EFCC at that time. You can see this is actually the

Similar wording

original rendering that was provided um our architect from umbra architects michael brawler

Similar wording

will go into the extent and numerous uh divisions that we've had to the project but but this is where

Similar wording

we're at as far as our latest meeting with the community um i have upwards of 10 to 12 meetings

Similar wording

with numerous other i would say dozens and dozens of calls and emails with the community so

Similar wording

So this, again, is a project that has resulted in significant benefit from extensive relations with the community and in working out, you know, details that they wanted.

Similar wording

And we'll get to that quickly.

Similar wording

We have, here's a copy of the refusal.

Similar wording

We have two refusals that you can see.

Similar wording

We have two refusals that you can see.

Similar wording

One is the steep slopes.

Similar wording

One is the steep slopes.

Similar wording

There are slopes.

Similar wording

They are man-made.

Similar wording

They were man-made, in fact, by PHA.

Similar wording

PHA is still the record owner of this property.

Similar wording

As I stated, Atapco Properties, Inc.

Similar wording

The applicant is the equitable owner.

Similar wording

And PHA tiered this site when it was developing three towers that have long since been demolished now.

Similar wording

So, our engineer will go through this deep slope issue.

Similar wording

We have a second refusal, which is for off-street loading.

Similar wording

That refusal has been cured in the revised plans that were submitted to the board.

Similar wording

We were required, because this is a CMX3 zoning district, we were required to have two loading

Similar wording

spaces and originally only showed one, so we added a second loading space and have cured

Similar wording

that refusal.

Similar wording

So again, just for everyone's understanding, today we have one refusal before the board, which is that we are disturbing slopes.

Similar wording

Although they were man-made, they still constitute slopes greater than 25% grade that have to be addressed in the development process.

Similar wording

So here's kind of an overview of the property.

Similar wording

You can see it highlighted here.

Similar wording

It is a CMX3 property.

Similar wording

This is Ridge Avenue, right at Merrick, just past Calumet and the Falls River Bridge.

Similar wording

To give you some understanding of the property location, right about here, where my cursor is, is the on-ramp sign to 76 that everyone I'm sure is familiar with.

Similar wording

So this is the very large vacant lot parcel on the right.

Similar wording

again this kind of gives you a better understanding right after you go on Kelly

Similar wording

Drive or Ridge right after you go under route one and you cross over past the bridge you get to

Similar wording

our property this gives you a good aerial view what you can see here is sort of outlined

Similar wording

this is all heavily wooded this is that property that kind of serpentine property behind us

Similar wording

Again, our property is just this trapezoidal shape right here.

Similar wording

It's about 82,000 square feet.

Similar wording

And it is the site of three former PHA towers, which have been long since demolished.

Similar wording

And we're looking to redevelop now.

Similar wording

and again you can see this is this this section right here is uh is us where we're closest um

Similar wording

what you'll hear from the owner and you'll see in other exhibits is that there are very large

Similar wording

developments taking place right here there's already a um an apartment building right across

Similar wording

the street. This is Merrick Road. This is Ridge Avenue. There's already Falls Ridge in existence

Similar wording

right across the street from us this way and another apartment building right across the

Similar wording

street this way. There's also basically all the vacant land that you see in between Kelly and

Similar wording

Ridge is already scheduled for and approved for significant development, which was supported by

Similar wording

all the RCOs in this process. So here are some general conditions. Obviously, this project has

Similar wording

been going on a long time. So my photos are from, you know, late winter. Again, you can see here,

Similar wording

this is along Ridge Avenue, you can see the 76 on-ramp. This is the property right to the right,

Similar wording

kind of a large vacant dead zone. Again, here it is on the left, just looking exactly down the

Similar wording

other direction from ridge um most of uh what's here is uh along the property is kind of weed

Similar wording

trees and early growth uh trees but just kind of general brush um so you kind of get the

Similar wording

understanding here's i'd like to make an objection uh mr whalen that i don't mind you showing photos

Similar wording

and going over the generalities but when it comes to you know what we think might be relevant facts

Similar wording

let's say the the contents of the property i i'd rather your witnesses uh speak to that um rather

Similar wording

than you as the lawyer uh that they will um he can bring them in we not concluded from doing so

Similar wording

in my introduction thank you very much mr bonnie well i'm just not gonna here's the falls bridge

Similar wording

Well, I'm just not going to.

Similar wording

Here's the Falls Bridge lofts right across the street that I was talking about in a newer apartment building.

Similar wording

lofts right across the street.

Similar wording

You can see just down Ridge Avenue there.

Similar wording

You can.

Similar wording

I'd like to interrupt, Mr. Pony, your objection is noted.

Similar wording

Go ahead, please.

Similar wording

Thank you, Madam Chair.

Similar wording

This is Falls Ridge, the existing apartment building across the street on the same side of Ridge, but across Merrick Road from us.

Similar wording

Sorry, I went the wrong way.

Similar wording

More general site conditions.

Similar wording

This is, right to the right here is the parking lot

Similar wording