civus
Hearing video

ZBA Hearing - January 17, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 17, 20232h 52m

changing use from industrial to residential introduces additional households into this

Similar wording

legacy industrial area, which has heightened exposure levels of air and soil pollution.

Similar wording

And second, industrial, sorry, new residential uses degrade the viability of existing industrial

Similar wording

uses as described by the representative from the Commerce Department.

Similar wording

The proposed use, therefore, directly conflicts with the recommendations of the comprehensive

Similar wording

plan.

Similar wording

We further believe that the appellant has not shown evidence of unique physical circumstances

Similar wording

that prevent the range of uses permitted in ICMX.

Similar wording

Lots of this size are routinely developed with light industrial and retail uses throughout the city.

Similar wording

We disagree that the site is totally unusable for these uses.

Similar wording

The City Planning Commission recommends that the board deny the use variants.

Similar wording

Thank you.

Similar wording

So, Mr. Savard and Ms. Pritzker, I'm going to have an executive session relative to what we heard today.

Similar wording

We'll do that next Wednesday morning.

Similar wording

Do we have a date for next Wednesday?

Similar wording

what's next Wednesday's date um January um 25th yeah yeah and we'll vote on that next Wednesday

Similar wording

at 9 30 yes next Wednesday morning at 9 30 okay and thank you everybody for your your input

Similar wording

thank you okay so we want to do do we have our person Hillary John yes Mr. Chair um John Monluck

Similar wording

has joined us as an alternate board member.

Similar wording

So what we're going to do is we're going to do the housing authority

Similar wording

cases, okay? Exactly.

Similar wording

Exactly. And then we can move on

Similar wording

to Parkside. Yes. Okay. All right.

Similar wording

So,

Similar wording

thank you.

Similar wording

Ismail Shahid is going

Similar wording

to recuse himself from these two cases.

Similar wording

Number three.

Similar wording

Mr. Chair.

Similar wording

Yep. You're going to need someone else to

Similar wording

read it.

Similar wording

Yep. Yep.

Similar wording

We'll do it.

Similar wording

MI 2021-005-318-649-North 11th Street.

Similar wording

Zen Jin is the attorney and also, where's the other case here, number 7, MI 2021-00519-610

Similar wording

North 11th Street. Zen Jin is the attorney. Letter of support from 14th Ward, Democratic

Similar wording

Executive Committee with proviso. Good morning. Good morning. Could you state your name,

Similar wording

please and spell for the court reporter yes my name is zhenjin z-h-e-n j-i-n 1617 john f kennedy

Similar wording

boulevard suite 1838 total of your pa 19103 uh here on behalf of the applicant right do you

Similar wording

swear or firm to tell the truth the whole truth nothing but the truth i do um do you stipulate

Similar wording

to the refusals right and um have all your paperwork has been in an appropriate time

Similar wording

within five days? Yes. Okay. Could you identify your client and the relationship to the property?

Similar wording

Yes. My client is Philadelphia Chinatown Development Corporation. There is a preliminary

Similar wording

matter with regard to site control I want to address to the board. I believe, so this property

Similar wording

is a Philadelphia Housing Authority property that was licensed to Philadelphia Chinatown

Similar wording

Development Corporation. That licensing agreement unfortunately expired on December 31st of last

Similar wording

year. However, we do have a representative from the Philadelphia Housing Authority here today

Similar wording

to verify that my client, PCDC, is still authorized to move forward with the application.

Similar wording

We also have pending signed agreements of sale that will be coming soon, which we can then

Similar wording

forward to the board so the board may make a decision. This is per my conversation with

Similar wording

This is per my conversation with Ms. Emerson in the last day or two regarding the situation.

Similar wording

Ms. Emerson in the last day or two.

Similar wording

Hilary, are we okay with this?

Similar wording

Hilary?

Similar wording

Yes, Mr. Chair.

Similar wording

Why don't we bring on the PHA representative and we can take care of that.

Similar wording

And then Mr. Jin can do the remainder of his testimony and we'll hold for the receipt of the agreements of sale.

Similar wording

Thank you.

Similar wording

I believe Mr. Xconde should be available to answer on behalf of PHA.

Similar wording

Mr. Xconde, oh, there he is.

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

Can you state your name, please, and spell for the court reporter?

Similar wording

Yeah, it's Cyril Xconde, first name C-E-R-I-L-L-E, last name is Cyril Xconde.

Similar wording

Right.

Similar wording

Right. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do. Proceed, counsel.

Similar wording

Thank you. Mr. Skande, can you verify to the zoning board that Philadelphia Chinatown Development Corporation is, in fact, authorized on behalf of the Philadelphia Housing Authority to move forward with this zoning application?

Similar wording

I can.

Similar wording

Thank you. And there is a pending agreement of sale that should be executed shortly, giving the rights directly of the sites to my client, and that would be forthcoming shortly, correct?

Similar wording

Yes, that is correct. If not this morning, then sometime tomorrow, to be just enough to get the signature finalized.

Similar wording

Thank you. Mr. Chairman, is that sufficient for the board?

Similar wording

That's fine. Why don't you start your case?

Similar wording

Thank you. Thank you, Mr. Xikande, for coming today.

Similar wording

Thank you.

Similar wording

I'm going to go ahead and share with the board the application for 610 North 11 first and then

Similar wording

followed by 649. We have submitted to the board previous documentation relating to 611 and 649

Similar wording

North 11. I have up before the board right now the refusal. Can everyone see that? Yes. Thank you.

Similar wording

So this is an application for essentially single family style housing in a RM1 district through the use of subdivision.

Similar wording

To give a little background to the idea behind this, my client, Philadelphia Chinatown Development Corporation, was given access to the land from Philadelphia Housing Authority with the condition that they build affordable housing.

Similar wording

And in order to give the best result for the affordable housing side, my client looked at the property, which is a single larger property for RM1 zoning, which incidentally would allow four units normally by right, and decided that in order to meet the affordable housing goals and in order to be able to sell the properties to those owners in the future,

Similar wording

the best possible way is to simply subdivide and redesign these as smaller single family units.

Similar wording

We met extensively with the community to discuss this particular project. There is a

Similar wording

benefits agreement and a marketing plan, all of which are also submitted as part of this application

Similar wording

exhibits, and we would ask that to be incorporated. Those negotiations essentially is to ensure that

Similar wording

people in the neighborhood would have the best ability to access, and that it would be a fair

Similar wording

and equal access to all when these projects are completed. The neighborhood does prefer to have

Similar wording

a single-family residential and has no objection to the change, considering that ultimately from

Similar wording

a density standpoint, we essentially have the same number of uses on this lot. A rendering

Similar wording

is provided, and this is essentially how the property may look once completed. As you can see,

Similar wording

we're going to try to keep the brick facade. That is something the community will prefer,

Similar wording

especially in red brick. And the way the properties will be divided, the access to each unit,

Similar wording

three would be on the street here, and one would be facing 11th Street. Each of these would

Similar wording

essentially be a single family house. The property's main variance is in fact a lot size.

Similar wording

We do want to point out that despite the fact that we have reduced the individual lots to

Similar wording

build the single units, we are leaving still rear yard space for these units, as well as there is

Similar wording

an access alleyway on the side. But again, these will be essentially smaller single family houses

Similar wording

that allows a lower value for income requirements

Similar wording

and therefore meet the affordable housing requirements.

Similar wording

So with regard to lots in the area,

Similar wording

So with regard to lots in the area, while not more than 80% or 60% of the lots may be that small, there are smaller lots in the area.

Similar wording

well, not...

Similar wording

So these lots and this design is not out of character with the neighborhood altogether.

Similar wording

together the need for the affordable housing and the goals of the development itself is in

Similar wording

conformance with the goals of the community. And therefore, we did receive support from the

Similar wording

community for this application. So again, the primary variance is for lot size. And in order

Similar wording

to meet the goals of providing the affordable housing, we do need to ask the board's favorable

Similar wording

consideration of the lot size variances and the use as single family, although ultimately it is

Similar wording

still four units in total on this site. This is the floor plan before the board. There are no

Similar wording

basement on the design. So this is first floor, second floor, and there is a third floor. There

Similar wording

is no basement and these will be individually accessed. That's its own small single family

Similar wording

unit. I'm happy to answer any questions, and my client is available to verify my testimony.

Similar wording

You want to present the second part? Is there a second?

Similar wording

Yes, I will go ahead and do that one as well.

Similar wording

When do you present that at the same time, right?

Similar wording

Sure. Thank you. So I am now going to share with the board the other application, which is the

Similar wording

649 North 11th Street.

Similar wording

Oh, I'm sorry, this did not come up properly.

Similar wording

Here we go.

Similar wording

All right.

Similar wording

So this is the second application, which is 649 North 11th Street.

Similar wording

This application differs slightly from the first one in that this particular lot is zoned RSA 5.

Similar wording

However, I'm going to move to the refusal simply for the subdivision of the lot, same as before, it is a lot size issue.

Similar wording

I'm going to move to the site plan and photos, which will make it easier for the board to see why we're asking for this particular variance.

Similar wording

So this is a large lot that runs from street to street.

Similar wording

In order to meet the goal of providing both affordable housing and yet maintaining a single-family style, we are proposing to have essentially a single-family house on each end of the lot facing each of the street, which will provide the ability for the development of two smaller single-family houses meeting the goal of affordability.

Similar wording

and still they're substantially sized at 1080 square feet,

Similar wording

the lot will simply be divided down the middle.

Similar wording

I want to point out this is not the only lot in that area

Similar wording

that has been divided in the past in this format.

Similar wording

So the smaller lot is not, again,

Similar wording

is not out of character with the neighborhood as far as the lots

Similar wording

and the use will continue to be a single family use.

Similar wording

Again, with the coordination with the RCO

Similar wording

and discussion of the proper ways to present this to the community,

Similar wording

we once again receive support on this particular request

Similar wording

as far as our variance requests from the RCO.

Similar wording

And this one is a variance from RSA 5s to two subdivided RSA 5 lots,

Similar wording

which will also be developed individually as single-family houses.

Similar wording

The floor plan, once again, is a three-story structure,

Similar wording

much like the other one without a basement uh each will have their own rear yard and each will

Similar wording

be used as a single family house again my client is here to verify my testimony why don't we bring

Similar wording

your client on sure um can we have uh miss uh caroline uh a-u-n-g be identified

Similar wording

Ms. Caroline, you've been allowed to talk.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

My name is Caroline Ong. I'm from the Philadelphia Chinatown Development Corporation.

Similar wording

Hi, could you spell your name, please, for the court reporter?

Similar wording

Sure. It's spelled C-A-R-O-L-I-N-E. Last name is A-U-N-G.

Similar wording

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

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Thank you. Ms. Ong, did you see my presentation and hear my testimony before the Zoning Board?

Similar wording

Yes. Can you verify my testimony is true and correct and adopted as your own?

Similar wording

Yes. Thank you. Okay. Questions from the Board?

Similar wording

None. No, Mr. Chairman. All right. No, Mr. Chairman.

Similar wording

Thank you. Questions or comments from the virtual audience?

Similar wording

questions or comments from the virtual audience

Similar wording

You

Similar wording

i see no hands here high planning commission thank you chair bergman ian hegarty for the

Similar wording

philadelphia city planning commission with regard to 649 north 11th street in 2017 the zoning map

Similar wording

was amended from rm1 to rsa5 in accord with recommendations from the comprehensive plan

Similar wording

this is a large through lot the proposed configuration is consistent with several

Similar wording

adjacent properties and with the physical features of the lot the city planning commission recommends

Similar wording

that the board grant the variance with regard to 610 north 11 street in 2017 the zoning map was

Similar wording

amended in this area and the property was intentionally left as rm1 multifamily although

Similar wording

separate lots are proposed the redevelopment substantially conforms to the form requirements

Similar wording

of rm1 and so the city planning commission recommends that the board grant the variances

Similar wording

Thank you. We're going to continue this until we have the agreement of sales. The case is closed except for the submission of the agreement of sales. Am I right, Hillary?

Similar wording

Yes, that is correct, Mr. Chair.

Similar wording

okay thank you all right thank thank you all right number one mi 2021 004-548-4306-08

Similar wording

parkside avenue darwin beauvais is the attorney for um

Similar wording

the applicant and steve masters is the attorney for the protestants

Similar wording

mr chair this is hillary i just want to note for the record um on this case it will be um yourself

Similar wording

um ishmael shahid um i believe it's back in the room um and uh john monlock yes uh mr snell will

Similar wording

need to uh be leaving shortly thank you yes i'm back mr chair all right thanks ish okay

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Yes. Good morning, Mr. Chairman, members of the board. My name is Darwin Beauvais. That's Darwin, D-A-R-W-I-N. Beauvais is B as in boy, E-A-U-V as in victory, A-I-S as in Sam.

Similar wording

I'm counsel for the applicant, and I am located at Dilworth Paxson, 1500 Market Street, Philadelphia, PA.

Similar wording

Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Right, dear.

Similar wording

Right.

Similar wording

Mr. Masters?

Similar wording

Yes, I believe I was already sworn in.

Similar wording

You were already sworn.

Similar wording

Just state your name for the record, please.

Similar wording

Sure.

Similar wording

Steve Masters, M-A-S-T-E-R-S, with the law firm of JustLaws.

Similar wording

I represent two RCOs who are in opposition to this application.

Similar wording

And if I remember, this is a redemptive hearing.

Similar wording

That's correct.

Similar wording

Beauvais, we were partly through your presentation, if I remember correctly, right?

Similar wording

That's correct.

Similar wording

So why don't we pick up from there?

Similar wording

Yes, and just to reorient the board, again, about this application, this application was originally designed in 2020.

Similar wording

The proposal included 15 residential units with commercial space and was issued initial refusals for rear yard, open space, density, and height.

Similar wording

The ZBA heard arguments in May 2021 and June 2021.

Similar wording

The community was very, very much up in arms about the project, and we pulled back and we did a complete redesign in October of 2021.

Similar wording

With that, we actually, L&I gave us the ability to amend our refusal, and the project was ultimately reduced to 12 units with a commercial space.

Similar wording

Refusals only for the deck and the setback and rear yard, still height.

Similar wording

But then we pulled the project back again, and we reduced the height.

Similar wording