civus
Hearing video

ZBA Hearing - December 9, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 9, 20206h 34m

with Morgan Lewis.

Similar wording

CCRA was not able to consider that request at the November meeting, and we did notify

Similar wording

them that we would be requesting that the 7 p.m. proviso not be imposed on the grant

Similar wording

of our special exception.

Similar wording

uh i'll note briefly that pennsylvania law is clear that the at the imposition of conditions

Similar wording

on the grant of a special exception must find support in the record in order to warrant their

Similar wording

imposition um our again our application is proposing to use two outdoor areas as roof decks

Similar wording

on a 19-story office building in the cmx 5 district this is not a bar this is not a restaurant

Similar wording

This isn't a law firm, it's an international law firm that would have lawyers there working

Similar wording

well after 7 p.m. In terms of the grant of a special exception, we meet the test

Similar wording

for the grant of a special exception as set forth in section 14.303.78

Similar wording

without the imposition of any proviso and we would respectfully urge the board to grant our special

Similar wording

exception without proviso, but if the board is inclined to grant the special exception,

Similar wording

only if it is subject to a proviso we would request that the board adopt the proviso that's

Similar wording

consistent with the cva and with our lease with morgan and we had sent that language into the

Similar wording

board but i'll read it that the use of the bow keys and roof decks be limited to use as accessory

Similar wording

to business and professional office purposes and not for any purpose which constitutes

Similar wording

a nuisance under applicable philadelphia law or code um again we think that whatever concern may

Similar wording

be generated by the 7 p.m. proviso would be covered in that covenant and I remind the board that we

Similar wording

also have the an unconditional letter of support from CCR from the 238 condominium building to our

Similar wording

south. That does conclude my testimony. I do thank the board for its time. I do have two witnesses

Similar wording

that I'd like to ask to come off mute and affirm my testimony.

Similar wording

Could I please ask Mr. Wale Mambukunj of Parkway Corporation to raise his hand?

Similar wording

You can unmute.

Similar wording

Good evening, everyone.

Similar wording

Good evening, sir.

Similar wording

Please identify yourself with a record first and last name.

Similar wording

Certainly.

Similar wording

My name is Wale Mapuganji.

Similar wording

First name W.

Similar wording

A is in Albert.

Similar wording

L is in Larry.

Similar wording

E is in Edward.

Similar wording

Last name M is in Mary.

Similar wording

A is in Albert.

Similar wording

B is in Boy.

Similar wording

O is in Orange.

Similar wording

G is in Gun.

Similar wording

U is in Umbrella.

Similar wording

N is in Nancy.

Similar wording

J is in Juice.

Similar wording

E is in Egg.

Similar wording

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

Similar wording

I do.

Similar wording

Thank you, Mr. Karolish.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Wale, could you just take for the record your title at Parkway Corporation and your professional address?

Similar wording

Certainly. My title is Vice President and Project Executive for Real Estate and Development at Parkway Corporation.

Similar wording

Address is 150 North Broad Street, Philadelphia.

Similar wording

you and and while did you hear my presentation to the board just just a few minutes ago yes i did

Similar wording

and would you adopt and affirm that testimony as if it were your own testimony yes could i

Similar wording

mr chairman could i please ask um mr alexander clore of gensler to raise his hand so he can come

Similar wording

off mute yes good evening good evening please identify yourself first and last name please

Similar wording

Alex Klohr, K-L-O-H-R.

Similar wording

So you swear or firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Please proceed, Mr. Kirlis.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Alex, are you familiar with the criteria for the grant of a special exception on the Philadelphia Zoning Code?

Similar wording

Yes.

Similar wording

And in your professional opinion, do we meet the criteria for the grant of a special exception?

Similar wording

Yes.

Similar wording

Yes.

Similar wording

And did you hear my presentation of the board?

Similar wording

I did.

Similar wording

And would you adopt and affirm that testimony

Similar wording

as if they're your own testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Mr. Chairman, I have nothing further for the board tonight.

Similar wording

Any questions from the board?

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

No further hands at this time, Mr. Chair.

Similar wording

No further hands at this time, Mr. Chair.

Similar wording

Thank you, Jason.

Similar wording

Jason, Planning Commission?

Similar wording

Plenty.

Similar wording

This is Mason Austin representing the Planning Commission.

Similar wording

Mr. Chair and members of the Board, the lot is designated for commercial,

Similar wording

core commercial mixed use in the comprehensive plan and is zoned for that use.

Similar wording

Because the lot is located in a major commercial district,

Similar wording

staff of the Planning Commission have no opposition to the granting of the special exception.

Similar wording

Thank you very much.

Similar wording

mi2020-0017672222 market street my vote is yes my vote is yes my vote is yes my vote is yes

Similar wording

no proviso

Similar wording

okay thank you very much with proviso no proviso that was not i just wanted to clarify

Similar wording

I'm sorry, nobifies.

Similar wording

Right, thank you.

Similar wording

All right, MI2020-001833, and I believe that's 2225 North 8th Street.

Similar wording

And Mr. Jinn, is this connected to the 7th Street project as well?

Similar wording

Yes, it is in a way, the same owners, so we can proceed with both.

Similar wording

because we had a workout in agreement with the council office.

Similar wording

All right. MI 2020-001832, 2215 North 7th Street.

Similar wording

You've already been sworn in.

Similar wording

Just please identify yourself with the record.

Similar wording

Thank you.

Similar wording

Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard,

Similar wording

Suite 1838, Philadelphia PA 19103.

Similar wording

Here on behalf of the applicant.

Similar wording

Thank you, Mr. Jin.

Similar wording

Please proceed with your testimony.

Similar wording

Thank you.

Similar wording

We have some questions. I forgot. So used to Carol. I apologize.

Similar wording

No problem. Do you agree to wave and step? I do.

Similar wording

Have you emailed an exhibit packet and the required documents, including proof of ownership,

Similar wording

proof of tax compliance, a copy of the refusal or referral, and photos and or plans of the

Similar wording

property five days in advance of the hearing? I did. Also, have you met with the RCO and do you

Similar wording

have a letter? We do. Yes. Thank you. Thank you. Please proceed. Thank you. I'm going to go ahead

Similar wording

and share with the board the information relating to this case. My apologies. I'm trying to

Similar wording

let me make sure I'm providing the 8th street, yes okay. So this is the application on 8th street

Similar wording

which is the first of the matter. They're related in overall request but they're a little different

Similar wording

in size and location. The 8th street property is one that is in a CMX2 zone district much like the

Similar wording

7th Street property we did earlier. What it is is that these properties are kind of sandwiched

Similar wording

among residential properties, and it is zoned CMX2, but there's no real commercial activity on these

Similar wording

blocks. And even though the lot itself right now looks like it could be used for some commercial

Similar wording

purpose, the reality is most of this block is residential. When we met with the community group,

Similar wording

it is at the same meeting that we had two other properties with, the neighborhood overwhelmingly

Similar wording

supported the idea of keeping it just a residential property. As such, our request essentially is to

Similar wording

place a residential building as a multifamily unit, converting what would have been required

Similar wording

first floor commercial to an additional residential unit. As you can see, the building

Similar wording

would be three-story. It would be built to a similar height as to what is existing in the

Similar wording

neighborhood. The property itself would be divided into each floor being one unit. I'm going to zoom

Similar wording

in a little bit to make it easier for the board to see. Again, leaving an open family exercise

Similar wording

area in the basement for the first floor unit. Dining and bedroom. We have on the upper floors

Similar wording

two bedrooms or a study room and a bedroom depending on how the ultimately the individuals

Similar wording

who's using the property would like to use it. There is a roof deck also on the third floor.

Similar wording

This property does have a rear yard. It is not a corner property but right as of right now the

Similar wording

property has vacant lots next to it. The management of the trash would be the roof deck would be up

Similar wording

to replace some of the trash.

Similar wording

First floor would have the rear yard access.

Similar wording

And in the case of the second floor unit, I believe we put in a specific trash room for that unit within the unit until trash is ready to be taken out.

Similar wording

And in the case of the second floor unit,

Similar wording

I believe we put in a...

Similar wording

So given that situation, we did receive support from the community on this request.

Similar wording

Now, I want to go ahead and share the other property and explain to the board what we had done with that one, because it relates back to the council office's non-opposition to our proposal for a complete residential property on this particular address.

Similar wording

So what I'm doing now is I'm sharing the information from the other case, 2215 to 19 North 7th Street.

Similar wording

I'm going to show the refusal which is based on the number of units based on the lot size as well

Similar wording

as the commercial now this what this is it's a subdivision in a sense a consolidation of three

Similar wording

lots each CMX2 each would have by right been at least three units plus the commercial what my

Similar wording

client is doing he's combining these into one because he is doing this even though we received

Similar wording

support from the community for full residential use of a total of 12 units the council office

Similar wording

asked that we work with them and place at least a commercial unit into the space because it is

Similar wording

closer towards the germantown avenue side and the hope is that with all these additional multi

Similar wording

families coming into place that this commercial unit would be viable in the future because the

Similar wording

negotiations kind of lasted until late this morning. What we have agreed to do is to maintain

Similar wording

a request for 12 residential units, but with the understanding that this unit here, which

Similar wording

was originally on the plan as a residential unit, would be converted to a first floor

Similar wording

commercial space. It's approximately 684.8 square foot on the ground level, and then

Similar wording

it has its own associated lower level. By doing this what we would like to do is either have

Similar wording

a one-page supplemental plan submitted to the board to be stamped or if this can be done in

Similar wording

some way as a proviso based on the location and size of the unit either one would be acceptable

Similar wording

to my client and myself depending on which way the board wish to proceed with this matter. But

Similar wording

By doing this, what we're doing is we're giving the,

Similar wording

because the council office request

Similar wording

is some kind of commercial space

Similar wording

that is not necessarily a huge space,

Similar wording

but enough to be used in this building to be provided.

Similar wording

We are providing that as a way to meet their requirements

Similar wording

while still keeping with the overall design of the project.

Similar wording

This particular project have more units.

Similar wording

However, everyone has access to the rear yard

Similar wording

and the stairwells inside also all leads to the top level.

Similar wording

There are actually trash rooms,

Similar wording

also small trash rooms placed within each unit.

Similar wording

And these are basically all two bedroom units

Similar wording

that are designed within this space.

Similar wording

So with the commercial unit coming in,

Similar wording

we may have to slightly relay out the floor plan

Similar wording

on some of the upper floors,

Similar wording

maybe reducing them to one bedroom unit

Similar wording

and moving one unit up there

Similar wording

while providing a commercial space on the first floor.

Similar wording

So I wanted to explain that to the board

Similar wording

as part of this application.

Similar wording

It's part of the reason the council office

Similar wording

also does not object to the 8th Street

Similar wording

being a completely residential property.

Similar wording

I'm sorry, I'm not hearing.

Similar wording

The commercial, can you hear me?

Similar wording

Yes, I can now.

Similar wording

The commercial component that you're showing here in yellow.

Similar wording

Yes.

Similar wording

What address is that attributed to?

Similar wording

22 what?

Similar wording

So here's the issue.

Similar wording

This is a consolidation request.

Similar wording

Yeah.

Similar wording

So in order for us to really clarify this with L&I later,

Similar wording

after if we go for building permit,

Similar wording

we probably would want some kind of marking on the plan

Similar wording

to say that's the commercial space.

Similar wording

This is currently unit four on the residential plan

Similar wording

that we agreed to convert to a commercial use.

Similar wording

So, Sharon, maybe you can help me, what is your special language that we would need to make certain that if we approve this plan, that the commercial component, I mean, it's going to probably require a revised plan, no?

Similar wording

I think, Mr. Jin, you even said that you may change some of the apartments to one bedroom as opposed to two.

Similar wording

So I think the main floor, the only floor that's being affected by this change would be the first floor.

Similar wording

So if we were to do a plan, we would probably just mark, make sure this is marked completely

Similar wording

If we were to do a plan, we would probably just make sure this is marked.

Similar wording