civus
Hearing video

ZBA Hearing - September 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 1, 20205h 27m

The block is well trafficked by children at all times. There's some disruption, as you may have seen in the photo that was shared by the property development team because of the collapse of the two single family homes that were further down the block.

Similar wording

trafficked by children at all times.

Similar wording

And I believe that you're going to see a proposal for a zoning change for 631.

Similar wording

And we're very concerned about the proposed shift of this block from single family to

Similar wording

multi-family, multi-unit, and potentially CMX2.

Similar wording

Keeping to the topic today regarding 627, I think that aside from the potential danger

Similar wording

of having seven cars or more in and out of that driveway in the middle of the sidewalk.

Similar wording

Actually, I'm sorry, to say one more thing on that topic, that the development team stated that

Similar wording

there's a curb cut in an existing driveway on 627. While there is a curb cut, it was not legal.

Similar wording

The previous occupant of 25 years used to park his car there and take it out about once a week

Similar wording

And as neighbors, we respected the use of that fake driveway, but that's very different from

Similar wording

seven cars coming in and out every day. I think that although people were generally in favor of

Similar wording

having a home built up to the street front in the front of the proposal that fronts onto Thompson

Similar wording

Street, there is a lot of concern regarding the five units in a backyard in the middle of the

Similar wording

city block the comparison to the Montgomery 5 had to do with the fact

Similar wording

that the Montgomery 5 actually allows I think 50 feet between the back of the

Similar wording

houses on Montgomery and that project whereas this one I believe only allows

Similar wording

about 30 feet so that is a consideration regarding air and I'm unsure why we need

Similar wording

to build seven homes on a lot that zoned for one home many of which would be in

Similar wording

the middle of a city block it just doesn't seem to make sense and it would

Similar wording

affect our day-to-day and the safety of children walking to school so thank you

Similar wording

for hearing my concerns on on behalf of an attendee of the neighborhood zoning

Similar wording

committee meeting I would ask that you oppose this project

Similar wording

what else wish to testify in this case please raise your hand here we have

Similar wording

Kevin O'Neill. Kevin, you can unmute yourself and wait to be sworn in.

Similar wording

Mr. O'Neill, please identify yourself, spell your name for the record, and give us your address.

Similar wording

Kevin O'Neill, 613 East Thompson Street, Philadelphia, PA, 19125. That's K-E-V-I-N-O-apostrophe-N-E-I-L-L.

Similar wording

I'm going to tell the truth, the whole truth, and nothing but the truth.

Similar wording

Yes.

Similar wording

Please proceed.

Similar wording

uh thank you good morning um i'm a neighbor on this block i'm very familiar with the project

Similar wording

and a couple things i would just like to mention i'd like to reiterate what was already said about

Similar wording

the fna rco meeting um very well attended and almost unanimous opposition to the project

Similar wording

really didn't hear much from anybody that that really found uh you know there wasn't much support

Similar wording

for it there was a lot of for a lot of various reasons um i have my own personal reasons which

Similar wording

i'll go through in a second um briefly i just also would like to point out we've collected

Similar wording

uh 27 signatures from local neighbors that are in opposition that's been submitted to the board

Similar wording

as well excuse me excuse me this is sharon soletta i just wanted to say that we did receive the

Similar wording

petition uh with 25 signatures and two digital signatures however we didn't receive it until

Similar wording

nine minutes before these hearings started and it therefore was not

Similar wording

provided to the Board in advance. And I've never seen it either. I was not

Similar wording

provided with any of those signatures as well. Okay, we can provide a copy of that

Similar wording

for you. Regardless, there's clearly a lot of opposition from immediate

Similar wording

neighbors to this project. So the three specific reasons I'll go

Similar wording

through briefly. So multifamily is not permitted in a single-family district. I

Similar wording

I understand that the concept is townhouses, but essentially it's a four-story multifamily building.

Similar wording

That's what's being proposed.

Similar wording

It creates a lot of awkward situations here.

Similar wording

You're going to have walls with essentially no windows right on a property line.

Similar wording

That's unfortunate.

Similar wording

I don't think that's really how RSA 5 was intended to be used.

Similar wording

As far as the height, we appreciate going from 40 feet to 38 feet.

Similar wording

40 feet to 38 feet but again um even at 38 feet and then with the roof deck on top of that

Similar wording

But again, even at 38 feet and then with the roof deck on.

Similar wording

that's just very much out of scale with what's here on the block there are three-story houses

Similar wording

that actually step down in the back so they have a two-story section and then a one-story section

Similar wording

and with this driveway that's getting created right there um the fronts of these the fronts

Similar wording

of these new homes will actually be um about 25 30 feet away from the backs of the existing homes

Similar wording

We think that's not an appropriate setback.

Similar wording

Typically, it should be closer to 50 feet.

Similar wording

If these four-story homes were built on a typical 50-wide city street, that would be one thing.

Similar wording

But to sort of shoehorn them in the back right up against somebody's rear yard is a little unusual, and it creates an awkward condition.

Similar wording

And then the last thing, the really concerning issue for everybody, is the curb cut and the traffic in and out.

Similar wording

So there's Alexander Adair School, which is two blocks up the street, and Penn Treaty Middle School, which is directly across the street.

Similar wording

And, you know, before and after school, this is a major pedestrian thoroughfare.

Similar wording

It's a parade of parents and kids back and forth, and this would be extremely disruptive.

Similar wording

I think seven cars coming in and out would create a lot of extra congestion.

Similar wording

And, you know, I don't think that this is an appropriate proposal for this block.

Similar wording

it's a residential block it's a highly trafficked pedestrian area and I just

Similar wording

would also like to note that I realized this was reviewed as a multi-family

Similar wording

project but I believe that this if this had been reviewed by parking standards

Similar wording

for single-family a refusal would have been issued if this were RSA if this were

Similar wording

a sub subdivision project and this would be required to be shared lots to be

Similar wording

able to provide to provide parking in this way i believe because the zoning department reviewed it

Similar wording

as multi-family they sort of skipped over the parking and that's why a refusal wasn't issued

Similar wording

but i but i believe it should have been um so for those reasons we ask that you please

Similar wording

deny this project chairman am i able to respond yes please okay so um i just want to comment that

Similar wording

um just to the issue with the windows on the property line i mean that's not an rsa 5 or rm1

Similar wording

or cmx or any of those really you're not supposed to put windows on a property line because if

Similar wording

people build attached then you would lose your windows anyway so just to make that distinction

Similar wording

which i'm sure the board is aware of um as far as um the setback typically you get nine foot rear

Similar wording

yards not 30 foot rear yards in rsa5 so we're providing almost three times what we need to

Similar wording

provide if we were able to set it back even further we would have um that would then encroach on

Similar wording

Wilts Street even more. So it was kind of a balance of providing it so that there was enough

Similar wording

of a setback from the existing homes, which again, 30 feet is more than the nine feet you typically

Similar wording

get. I think a 50 foot setback is just not reasonable or even feasible for this site.

Similar wording

Again, but as the architect had mentioned, that was something that was heavily considered for

Similar wording

this project. In addition to the comments about multifamily, the only multifamily that's being

Similar wording

provided is the carriage house in the front that the community actually was supportive of. The rest

Similar wording

of the units are all meant for single family use. None of them are multifamily. As far as the

Similar wording

parking is concerned, I don't want to make questions or any suggestions about how the

Similar wording

examiner reviewed it because I wasn't there when they reviewed it, but I do believe that the way

Similar wording

that we're providing parking obviously didn't generate a refusal. And a lot of times we hear

Similar wording

concerns in the city about not providing parking. So the alternative would be no parking or seven

Similar wording

cars on the street, which I don't know that that would make it safer for any students or schools.

Similar wording

You know, this is a city that we're living in. There's a lot of schools in the middle of a block

Similar wording

in residential neighborhoods. And it's just, again, something that people have deal with in

Similar wording

different ways. We are providing the gate specifically so that there's some type of a

Similar wording

barrier, the in and out. And we were even open to figuring out additional ways with lighting and

Similar wording

stuff of that nature to make sure, again, there's no interest for anyone to harm anybody. But we are

Similar wording

working in the confines of the city. The last thing I wanted to mention is just, again, this

Similar wording

was completely, you know, to put one single family home on 8,000 square feet just is not

Similar wording

reasonable. I know that that's, the community has mentioned that this is RSA 5, and so

Similar wording

you know, that typically when you remap something to RSA 5, you want one home, but I don't think

Similar wording

the code contemplates having one single family home on an 8,000 square foot lot that you know

Similar wording

sometimes we do remappings entire blocks at a time and it doesn't take into consideration for

Similar wording

example that there's a warehouse on this block as well so just wanted to kind of mention those

Similar wording

points and again just kind of clarify as far as some of the other comments that that Kevin

Similar wording

uh had mentioned thank you here we have ash i'm sorry please please ask you can unmute yourself

Similar wording

Please, please. Ash, you can unmute yourself and wait to be sworn in.

Similar wording

and wait to be sworn

Similar wording

Yeah, for any other folks who wish to testify, if you could give us something new and different, we'd appreciate that.

Similar wording

Good morning.

Similar wording

Good morning. Ash, please spell your name, first and last name. Give us your address.

Similar wording

First name is Ash, A-S-H. Last name is Kernan, K-E-R-N-E-N. Address is 1318 East Berks Street.

Similar wording

That's obviously right next door.

Similar wording

It's two properties removed from the subject property.

Similar wording

Thank you.

Similar wording

You're referring to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Yes, sir.

Similar wording

Thank you.

Similar wording

Please appreciate it.

Similar wording

Yeah, so I respect the idea that we don't want to go down the redundant path and continue to repeat ourselves.

Similar wording

But I just did want to reiterate and add just one or two additional items.

Similar wording

you know, with all due respect to Ms. Pritzker and Ms. Reister, they're being less than forthcoming

Similar wording

about the community concerns, which is evident through the testimony of my fellow neighbors.

Similar wording

This project was overwhelmingly and vehemently opposed by the community. You know, just again,

Similar wording

we have significant and ample concerns about the safety, about access to emergency services,

Similar wording

as evidenced the other day by this fire that occurred out back here. But in addition to all

Similar wording

that you know one additional issue is is that we're we're presupposing that the occupants of

Similar wording

this particular property are only going to be having one car um so yes granted there's only

Similar wording

six parking there's only six spots in the the property itself but uh it's it's very likely that

Similar wording

the single families will have multiple cars and and thus the overflow will get pushed out onto

Similar wording

the street um in addition to that you know i know right now we're in particular times with covid so

Similar wording

there's kids aren't in school but when it comes back the uh the adjoining block there with the

Similar wording

school they make everybody move their cars during the day which further amplifies the surrounding

Similar wording

parking situation um so i think that in addition to everything else that's been said um there's

Similar wording

there's likely to be an increased burden on the parking um and again we do have significant

Similar wording

concerns about the ingress and egress right in front of a school um and just for the record

Similar wording

I did want to state and clarify that that is definitely not a warehouse next door.

Similar wording

That's a private garage that was used as part of a private residence for years.

Similar wording

Not to divert, but yes, recently it was proposed as commercial, which the community, again, overwhelmingly and vehemently denied.

Similar wording

The idea is that we want to keep the character and nature of this community and this black single family without this sort of, I don't want to use it for ridiculous, but this overwhelming density issue.

Similar wording

So I just want to emphasize to the board about, I just want to say that the community strongly opposes this.

Similar wording

And I would respectfully ask that you guys vote no against this proposal.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

anyone else okay chair um we have five additional hands is your call if you want to continue

Similar wording

unless it's something new and different uh we do respect the time you've taken to be on this call

Similar wording

on the zoom call this morning uh i think we pretty much heard uh from the four or five witnesses uh

Similar wording

the concern so again not to be long-winded on my end if you have something new and different

Similar wording

or if you don't have anything new and different and you just want to get your name on the record

Similar wording

we can identify you and move on.

Similar wording

Justin, you can wait to be sworn in and unmute yourself.

Similar wording

Justin, please spell your first and last name and give us your address.

Similar wording

It's J-U-S-T-I-N, first name, last name Klaus, K-L-A-U-S.

Similar wording

My address is 1309 East Montgomery Avenue.

Similar wording

We're not affirmed to tell the truth, the whole truth, nothing but the truth.

Similar wording

Yes, sir.

Similar wording

Please proceed.

Similar wording

Thank you.

Similar wording

Thank you for everyone's time.

Similar wording

I hope none of this is too redundant.

Similar wording

I took some notes while the presentation was being made,

Similar wording

and I just had some things that I thought I would bring up that maybe others haven't.

Similar wording

I'm new to this process.

Similar wording

I'm new, actually, to the block.

Similar wording

I lived previously around the corner and moved in just after the Montgomery 5 project, I guess, was approved and had heard how bad that was for the neighborhood and how much, despite everyone's objection to that, it was able to proceed somehow.

Similar wording

And I found that to be kind of surprising and was a little bit of a wake-up call for me about how the process.

Similar wording

and was a little bit of a wake up call for me about how the process sir justin uh reason for

Similar wording

Sir, Justin.

Similar wording

your opposition for this project please oh sure yeah i'll just go through my go through my notes

Similar wording

here um so there was there was a i'm not sure if these are legally valid reasons or not i'm just

Similar wording

going to say what my objections are um montgomery 5 approval was used as um a precedent for why this

Similar wording

should be approved. I'm not sure that that's a very in-touch case because everyone opposed

Similar wording

Montgomery 5. I would also say with respect to light and air, I think it's also quite out of

Similar wording

touch to say that five 38-foot buildings in someone's backyard are not going to remove

Similar wording

light and air from the surrounding buildings. I mean, that's preposterous. The Montgomery 5

Similar wording

buildings have dramatically impacted the feel of that area already and then to put five more

Similar wording

buildings back there I think there's really no argument that that won't impact light and air

Similar wording

quality in that area. I've also not heard the concept of outdoor green space mentioned at all.

Similar wording

I do not know what the legal requirements for that are but the fact that we're not mentioning

Similar wording

that in this is surprising to me it was mentioned that if we wanted smaller houses or larger houses

Similar wording

rather or if we wanted fewer houses that they would just have to be larger I'm not sure what

Similar wording

logic that's based on but who says you have to cover every square foot of the lot with buildings

Similar wording

that doesn't make sense to me um i think uh yeah so as far as just the green space just

Similar wording

quality of life is the other thing that i think is is important here you have everyone around this

Similar wording

um proposal objecting to it for a variety of reasons and i guess i don't understand

Similar wording

whether that's um a valid reason to uh deny this project or not but it seems fairly obvious to me

Similar wording

that um this would not be a project that's supported by anyone around it um i know that

Similar wording

for example the builder of the montgomery five declined to work on this project because of the

Similar wording

uh uh community uh proposal to project that's that's immaterial at the moment so you could

Similar wording

summarize it appreciate it yeah no that's that's all i have to say thank you thank you for your

Similar wording

time everyone i just want to adjust justin's comments about the green space we did discuss

Similar wording

that at the community meeting um i know that maybe ally could um discuss that in more detail but we

Similar wording

we talked about doing sort of uh the drive aisle space uh in the rear with the parking where you

Similar wording

can have it where there's grass that comes through it it's very hard to accommodate the

Similar wording

sort of back and forth concern of parking no parking parking no parking um and then wanting

Similar wording

green space so for us uh and the green space is really not going to be visible correct correct

Similar wording