civus
Hearing video

ZBA Hearing - October 20, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20205h 24m

represents an inappropriate overuse not consistent with adopted district plan accordingly we recommend

Similar wording

that both the requested variance not be granted would you have any knowledge uh whether there

Similar wording

are up beside 3856 brown are there any other multi-families on that block the 3800 unit block

Similar wording

give me two seconds

Similar wording

Most of the housing on the block has a single mail slot.

Similar wording

There are a number of other vacant properties on the block.

Similar wording

Thank you. MI-2020-000152 3854 Brown Street. My vote is yes with the proviso. Maximum two units.

Similar wording

Yes for proviso. Yes for proviso.

Similar wording

Excuse me is that for both properties? No we're going to do 3801 now because 3801 is six units.

Similar wording

i'm sorry okay yeah 3801 quarter my sheet the application is for six units

Similar wording

3803801 is that is that correct

Similar wording

yes it was my mistake no problem no problem thank you no uh good afternoon again uh mr chair members

Similar wording

of the board and you are correct um regarding 3801 brown um isaac slepner again of matione limited

Similar wording

100 north independence mall west suite 5a northwest philadelphia pa 19106 on behalf of

Similar wording

3858 gerard llc owner of 3801 brown street uh and with me um on this zoom is eugene nadevich who

Similar wording

is the principal of 3858-GERRARD-LLC. I will take the board through our documentary exhibits

Similar wording

and then I'll get into the discussion. So I'll share the screen here and we can look at everything.

Similar wording

i'll i'll um share the screen here and and we can can look at everything all right so all right

Similar wording

that's our table of contents this was another one that had been held over due to the whole

Similar wording

shutdown coronavirus and now we're back so here we are um this is our notice of refusal dated

Similar wording

february 11th of 2020 and um i believe i waved and stepped to this reading as well but i just

Similar wording

want to be certain that i did if i didn't i'll read it but if i did we can move on um you do

Similar wording

i did okay thank you then we'll move on uh all right exhibit two is our date stamped application

Similar wording

for appeal of 2 2020 um date stamped see with three our site photo uh our site i'm sorry our

Similar wording

plan. And I believe, well, let me twist this so everybody can see it. Now 3860, I'm sorry,

Similar wording

3801 Brown is a vacant lot. So if you can see, and I'll enlarge it a little bit. If you can see

Similar wording

here, this is our proposed construction right here. And it's vacant. It's not actually attached

Similar wording

two 3803 brown which is an existing two-story and it's there at the corner of 38th and brown

Similar wording

this is brown and then this is uh 38th over here and these are the rears of mostly vacant on 38th

Similar wording

street well there's two existing and some vacant some existing some vacant on 38th and this is a

Similar wording

a side kind of alleyway here. Over here is the elevation. It would be a three-story with basement

Similar wording

and roof deck. This is a current view, current street view here with a large tree-like weed,

Similar wording

I guess you could say. This is 3803, which is a standalone single house. And there's kind of

Similar wording

looking eastward, I'm sorry, westward back on Brown Street, and then the site, Google

Similar wording

map kind of plotting of the site.

Similar wording

I'm going to turn this back so we can see the photographs.

Similar wording

Oh, I turned that completely upside down.

Similar wording

Hang on.

Similar wording

There we go.

Similar wording

Exhibit 4A, these will be site photos, and in fact, that's the photo of the site itself,

Similar wording

and you can see this giant green tree wild tree growing out of there and that grass that's our

Similar wording

site 3801 um and then you can see the rears of the houses on 38th street and that wooden fence

Similar wording

those are the that's the existing um alleyway space the rears of those and then right here

Similar wording

about is the alleyway space or would be future alleyway space this is another another shot of

Similar wording

bars, and you can see the rears of the houses on 38th Street and the proposed alleyway space.

Similar wording

Exhibit 4B is kind of the surrounding neighborhood, and I'll show you that in a second.

Similar wording

So this is looking across Brown Street. This would be, I guess you would call it 3800 Brown

Similar wording

Street, and it's a large green lot lawn that I believe is the side yard of the church. And yes,

Similar wording

There's the church at the other corner of 30th and Brown on 38th Street.

Similar wording

And then this is the other corner of 30th and Brown.

Similar wording

That would be heading eastward.

Similar wording

I'm sorry, not eastward.

Similar wording

That would be the other direction on 38th Street.

Similar wording

um 3803 i believe is is not a single but is a four unit if i am not mistaken i may have been

Similar wording

mistaken earlier uh these are a view of the orange posters that we posted at the site at 3801 brown

Similar wording

um at least 21 days ago there's orange poster photo number one it's posted to a pole at the

Similar wording

end of the uh wooden fence there so it's right there at the sidewalk line there's somebody got

Similar wording

their finger in the shot, but there you can see the orange poster. We got it about as close to

Similar wording

ours as we could without really endangering anybody or obscuring the sign. Exhibit 5 is our,

Similar wording

sorry, bear with me. Exhibit 5 is our project information, and that was printed up and filled

Similar wording

out initially in February when we filed the appeal, so this would have been on February 12th

Similar wording

this year that we filled that out exhibit six is an affidavit of service uh back in

Similar wording

that we filled that out. Exhibit 6 is an affidavit of service back in August.

Similar wording

August 6th we noticed the neighbors by mail and this is our affidavit of service

Similar wording

and with the letter of notice to the neighbors at that time we presented both 3801 and 3860 Brown

Similar wording

which are both projects of my client and I'll get into that detail a little bit again

Similar wording

uh in a minute we also included the notice of refusal and we included the list of neighbors

Similar wording

that we did in fact notice and i would say it was about a hundred or so addresses that were

Similar wording

noticed by mail possibly a few more it's a pretty dense neighborhood over there um exhibit seven

Similar wording

is uh the letter from mantua civic and they did oppose the um the project uh

Similar wording

And this is a letter of explanation of the opposition to the project, and their issues seem to be they're in favor of single family versus multifamily.

Similar wording

They seem to have an issue with the rental rates that my client was going to rent these out at.

Similar wording

He had assured them that if they were able to build six units there, and he'll get a little bit more into this.

Similar wording

But my client had assured the community that three of them, he would be able to make three of them, put them into the affordable housing range,

Similar wording

possibly even the low income housing range, if he were able to build a total of six units.

Similar wording

My client also, the community took issue with my client in hiring out of local community neighbors.

Similar wording

My client often hires local neighbors to work on his projects, both on full time and project bases.

Similar wording

But those were the three real main issues that the local neighbors had had, and that and renting to college students.

Similar wording

And, you know, our response to that was he rents to whoever's going to sign a lease on the place and pay him the rent.

Similar wording

So they did outline their concerns in a letter to the board, which was, I believe, sent over to the board in August in advance of this hearing.

Similar wording

And Exhibit 8 is a copy of the deed.

Similar wording

Again, this was purchased at share of sale, and the deed was recorded on January 15th of 2019

Similar wording

in favor of 3858 Girard, LLC, the current owner of the property.

Similar wording

And this is the deed documents and the tax certs, et cetera.

Similar wording

Here's the legal description.

Similar wording

And Exhibit 9 is a tax clearance for 3858 Girard run on October 8th of this year.

Similar wording

And I do have my client, Eugene Nadevich, and if I may, I would like to present him to adopt the testimony and offer anything else.

Similar wording

Did I miss anything, or did you give us some floor plans?

Similar wording

If I may, I'm going to unshare for a second and pull those up.

Similar wording

So I'm going to unshare this for just a moment, and I'm going to pull those up.

Similar wording

3854 brown, 3801 brown. I'm sorry I appreciate the board's patience on this.

Similar wording

I should have them.

Similar wording

Oh.

Similar wording

Yeah, thank you.

Similar wording

Eugene, are you there?

Similar wording

Yeah, I'm here.

Similar wording

Okay.

Similar wording

Do we have floor plans for 3801?

Similar wording

I believe you just went over them.

Similar wording

We have site plans for 3801.

Similar wording

And I believe that on – I believe that if we – let me just double check.

Similar wording

We may. Yeah, my apologies.

Similar wording

I do not see them. We can certainly amend our filing with them.

Similar wording

It's a bit, I mean, you're talking six units and I don't know, we just don't see the layout.

Similar wording

i don't know we just don't see the layout yeah it'd be helpful if we saw the layout

Similar wording

it would be helpful

Similar wording

we saw

Similar wording

and i understand um let me see

Similar wording

because i i could swear that we have had them

Similar wording

If I have them, all right, yeah, I don't see them here.

Similar wording

I don't know how this board can make

Similar wording

a judgment

Similar wording

without seeing what the floor

Similar wording

is on. My client

Similar wording

says he's just sent them over to

Similar wording

me so let me

Similar wording

get those up on the screen

Similar wording

and I can

Similar wording

walk the board through those.

Similar wording

Okay. My apologies for the delay.

Similar wording

Okay.

Similar wording

all right let me let me fire those up and

Similar wording

here they are

Similar wording

here they are

Similar wording

okay i'm going to return to screen share here and i will show the board these these plans for

Similar wording

3801 Brown Street. So, and I'll enlarge them a little bit more. Now, as my client described,

Similar wording

it's a six-unit proposal. So, you've got your first floor and basement. Each of them would be,

Similar wording

there's three units each to the front and the rear of the stairs, and these stairs are kind

Similar wording

of in the center and divide between the front and rear units here so unit one and unit two

Similar wording

are first floor and basement combined with bedrooms on the ground floor level

Similar wording

with access to the rear yard space and kind of living room areas in the basement level

Similar wording

Um, second floor is, uh, one bedroom on each, uh, is one bedroom on each, uh, side of the stair tower, um, front and, and rear.

Similar wording

And then same for the third floor.

Similar wording

And the third floor has access to the roof deck.

Similar wording

So the first floor and basement, they're bi-level units?

Similar wording

I would actually call my client, Eugene Nadevich, to give a little bit more in-depth description of these plans.

Similar wording

what's the height of the building uh the height would be 38 feet

Similar wording

we did not we did not get a refusal for height yeah just was curious yeah

Similar wording

well no would it be helpful if i uh went over a little bit yeah the question i have is and

Similar wording

and we'll ask the other board members, is the first floor and basement, are they bi-level units?

Similar wording

Yes, it's two bi-level units. The building is actually five feet out of the ground,

Similar wording

so the basement is not really a full basement. It's a partial basement.

Similar wording

This building is actually identical, almost identical, to a building that was approved last week at 712 North 34.

Similar wording

This building also, the trash storage is in the back of the house, not the front of the house,

Similar wording

Even though, like I mentioned last week, we have trash pickup in addition to the city trash pickup.

Similar wording

We do our own trash pickup twice a week in all of our properties.

Similar wording

This building has trash pickup in the rear of the building.

Similar wording

As you can tell, the first little hallway for tenants and private trash companies to be able to get to the trash through both the building and also the alley that's on the side of it.

Similar wording

And the other thing is, so this is 3801 Brown.

Similar wording

3803 Brown is a two-story, four-unit building, so this one is not asking for that much extra.

Similar wording

so this one is not asking for that much extra. We're still under the height requirement. The

Similar wording

roof deck, it's not a roof deck, it's utility access only, the pilot house, that's where we're

Similar wording

going to store all the condensers so that, you know, so it's not allowed for the neighbors,

Similar wording

whatever utilities we can have up there. And again, like Isaac mentioned,

Similar wording

having, you know, layouts like this, it's extremely helpful to be able to have as many of them

Similar wording

low income as possible because a foundation costs as much of the cost, a roof costs as much of the

Similar wording

cost, and at the very least we'll be able to have half of them at the $800 per month price range

Similar wording

thanks to that. And even though the partial basement does not have any sleeping quarters

Similar wording

in it, the sleeping quarters are all on the first floor. So we try to provide the neighborhood with

Similar wording

as many affordable units as possible, but it's very difficult to have $400 a month

Similar wording

in construction apartments. It's just not feasible. All these units, they're going to

Similar wording

have partwood floors. They're going to have full kitchens, bathrooms, HVACs, in-unit washer and

Similar wording

dryers, the work. So we're not skimping out on anything, and we're trying to make it work for

Similar wording

everyone. What is the means of ingress and egress for the basement?

Similar wording

The basement has the egress well at the rear there and then at the front.

Similar wording

In terms of getting down to the basement from being inside, there are stairs in both units going from the first floor level to the basement level.

Similar wording

I get that.

Similar wording

I get that.

Similar wording

Mr. Novotovic, did you say that 3803 is a quadruplex?

Similar wording

Yes, 3803 is a quad.

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

okay any other questions from the board yes counselor what's the hardship it's new construction

Similar wording

the hardship is known for us to be able to provide any low-income units we need to be

Similar wording

able to have more units in there otherwise because what the community won't ask us to

Similar wording

have as many low-income units as possible if this was a single family house we would not be able to

Similar wording

price it at eight hundred dollars a month it would be a house that would end up costing

Similar wording

four to five hundred thousand um and there's just no way around it because we don't use any federal

Similar wording

funding or state funding we're completely self-funded so in order for us to be able to

Similar wording

provide low-income dwelling units we need extra units per building otherwise it's just not

Similar wording

financially feasible and this would end up being a single family house is going to go for sale for

Similar wording

half a million bucks um this way you know we have six units in there but we don't sell it we keep

Similar wording

everything we have uh we provide as much work as we can to local community which one of the things

Similar wording

that a lot of people in the community do know is for the last seven years in the neighborhood we

Similar wording

had an open door employment policy which if you want a job come to us and we will get you a job

Similar wording

a lot of people in the community do work for us and we try to do whatever we can but having you

Similar wording

know the hardship is it's not feasible to do with a single family you know to have a low income

Similar wording

single family dwelling on a new construction house. So we try to make these units. Sorry.

Similar wording

I understand your analogy you're making as it relates to Mr. Holloman's question,

Similar wording

but you're talking one unit single family versus six. Doesn't necessarily mean that this board

Similar wording

might not consider more than a single family. I think it's the six units.

Similar wording

well this is the six units thing is that adding extra units in the dwelling does not end up

Similar wording

costing that much more per unit so with every extra unit we have that increases the number of

Similar wording

uh in the number of units we can provide to low-income individuals that are affordable

Similar wording

and not at fifteen hundred dollars a month but at eight hundred dollars a month i mean a lot of

Similar wording

these lots were vacant for decades

Similar wording

without any development, and

Similar wording

on 34th Street, on the 700 block

Similar wording

of 34th Street, which is just, I believe,

Similar wording

0.3 miles away, last week

Similar wording