civus
Hearing video

ZBA Hearing - June 9, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 9, 20216h 56m

angles this is just a rendering of what it would look like at night just to show the lighting that

Similar wording

it would take place and then this is the other side of the building yeah i think if you can

Similar wording

summarize i would appreciate that yep so uh due to the unique um conditions of this property both

Similar wording

the location of it the size the natural features we believe that um it is not suitable for the

Similar wording

the uses that are permitted by right under the rsa1 zoning district we do believe that the use

Similar wording

that is being proposed is a low impact use that would allow a reasonable use of the property

Similar wording

and is still consistent with the surrounding area. Due to this type of facility, again,

Similar wording

it's a low impact. We have very little traffic that comes in and out every day.

Similar wording

The number of parking spaces of 105 is excessive for this use. We believe that the reduced parking

Similar wording

not only preserves some of the natural area, reduces impervious, and provides a better site

Similar wording

design but is more typical for this type of use and would request the variances that are being

Similar wording

requested. Do you have a client to adopt your testimony? We do. I do. Mr. John Williams is on

Similar wording

the line. Good afternoon, Mr. Williams. Please identify yourself with a record and I'll swear

Similar wording

you in? Or should I say good evening? Mr. Williams, you can unmute yourself and speak

Similar wording

now. Mr. Williams, please identify yourself with the record, spell your full name, and

Similar wording

I'll swear you in. John Williams, J-O-N-W-I-L-L-I-A-M-S. You swear for him to tell the truth, the

Similar wording

whole truth, nothing but the truth? I do, Mr. Chairman. Thank you. Mr. Williams, were you here

Similar wording

this evening during the presentation that I just gave? Yes, I was. And do you believe that the

Similar wording

statements that I made are true and accurate? I do. And had you provided testimony yourself,

Similar wording

would you accept the statements as your own? I do. Great. I have no further questions for Mr.

Similar wording

Williams. I would mention, and I think you pointed out, we do have correspondence both

Similar wording

from the Franklin Mills Advisory Council confirming the meeting that we had with the RCO and

Similar wording

acknowledging their support for the design and the variances being requested as well.

Similar wording

acknowledging their support for the design and the and the variance is being requested as well

Similar wording

as correspondence from Councilman O'Neill's office. Thank you. Questions from the board? No.

Similar wording

Anyone else would like to testify in this case? If so, please raise your hand.

Similar wording

There we have Alice Udovich. Ms. Udovich, you can unmute yourself and speak.

Similar wording

Good evening, Alice. Please identify yourself with the records. Play your name and I'll swear you in.

Similar wording

Good evening, Chairman. Members of the Board, Alice Udovich, U-D-O-V-I-C-H, City Hall 562, Zip Code 19107.

Similar wording

You swear to affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Chairman, the Councilman believes that this is an appropriate use at this location.

Similar wording

It abuts Franklin Mills Mall as well as Woodhaven Road.

Similar wording

the councilman is supportive of the granting of the variance.

Similar wording

Thank you very much. Anyone else to testify on this case?

Similar wording

I see no other hands at this time, Chair.

Similar wording

Thank you. Planning Commission?

Similar wording

Good evening. David Fecto, City Planning Commission, Mr. Chairman, members of the board.

Similar wording

The comprehensive plan recommends this property for residential single-family use.

Similar wording

We estimate that the applicant could create 54 house slots by right.

Similar wording

There is no unique characteristic of the lock that would prevent it from being used in compliance with the code.

Similar wording

For such a drastic change of use, the correct remedy is a zoning change, not a zoning variance.

Similar wording

We recommend that the Board deny the requested variances.

Similar wording

2021-001229, 4340 by Berry Road.

Similar wording

My vote is yes with the proviso revised plan, two pages approved today.

Similar wording

my vote is yes with proviso yes with proviso yes with proviso

Similar wording

for 10 great thank you thank you thank you calendar number um strike that calendar number

Similar wording

MI-2021-001228, 6227 Catherine Street.

Similar wording

6227 Catherine Street.

Similar wording

Mr. Squiroff.

Similar wording

I see no one with that name with their hand raised here.

Similar wording

Is there anyone representing 6227 Catherine Street?

Similar wording

okay he was just there he disappeared

Similar wording

who was there

Similar wording

Neil Sklaroff there he is he had disappeared the first time

Similar wording

he's coming back as he's coming back in as a panelist chair

Similar wording

thank you good evening Mr. Sklaroff

Similar wording

Mr. Sklaroff, can you put your name and address on the record

Similar wording

and spell your last name, please?

Similar wording

Neil Sklaroff, N-E-I-L-S-K-L-A-R-O-F-F,

Similar wording

with the law firm Dilworth Paxson,

Similar wording

with an address of 1500 Market Street, Suite 3500E,

Similar wording

Philadelphia, Pennsylvania, 19102.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

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

Similar wording

Yes, there are two notices of refusal.

Similar wording

Okay.

Similar wording

Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, or referral,

Similar wording

photos, and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes, I have.

Similar wording

I've sent the letter just came this morning and we forwarded that to your council.

Similar wording

Okay, you may proceed.

Similar wording

Thanks.

Similar wording

Can I share my screen, please?

Similar wording

Yes, you may.

Similar wording

We'd love screens.

Similar wording

Good evening, Mr. Chairman, members of the Zoning Board.

Similar wording

I am pleased to represent this evening the Church of Christian Compassion.

Similar wording

their project, a development of 38 affordable senior dwellings.

Similar wording

I normally wouldn't talk much about the applicant, but this calls for some mentions.

Similar wording

The Church of Christian Compassion is not only the property owner,

Similar wording

but the co-developer of this affordable housing.

Similar wording

but the co-developer of this affordable housing building.

Similar wording

It will continue to be the owner of the property and will continue to be the co-developer until its co-developer transfers all title to the church.

Similar wording

The church is a vigorous community actor.

Similar wording

It operates an extensive outreach program, admired not just for the sheer number of programs it supports, but more importantly, for its effect on the community and the maintenance and progress of the community.

Similar wording

A robust series of 165 ministries serve Cobbs Creek and the Philadelphia community.

Similar wording

Not a small portion of those ministries emphasize the health and wellness of the community.

Similar wording

During the pandemic, the church distributed more than one million pounds of food, was a center for COVID prevention, engaged in anti-violence task force with the district attorney, and has numerous senior programs and youth programs.

Similar wording

And one of those efforts is this development of 38 affordable housing units.

Similar wording

It would be hard to live in this city and not know of the critical need for affordable housing, especially when it comes for housing for our seniors.

Similar wording

This development alone will not satisfy the need for senior affordable housing, but it will provide 38 attractive, affordable, and safe dwelling units.

Similar wording

Hopefully for those who have lived in the community for most of their lives and who want to remain in the community when they no longer can maintain or afford their homes.

Similar wording

Joining, hopefully they're still with us tonight, is Senior Pastor Lonnie Herndon, Ava Goldman, an executive with Gardner Capital, the co-developer here.

Similar wording

Gardner Capital has experienced with developing 90 or 40 affordable developments in 13 states.

Similar wording

We're also joined by Blaine Stoddard, president of BFW, the church's consultant, and a dynamic

Similar wording

member of the church's development team. He's a don't-take-no-for-an-answer individual and has

Similar wording

extraordinary energy keeping this project going. We also have Kurt Raymond, the architect on the

Similar wording

development, and Cornelius Brown and Kevin Tatlow, a bowler engineer, the civil engineers. Let's go to

Similar wording

the exhibits. First of all, we have a list of exhibits. Exhibit one is our certificate of tax

Similar wording

clearance Exhibit 2 are two deeds to the property. Seems to have gotten out of order here.

Similar wording

There are two parcels that will be combined for the purposes of this project.

Similar wording

These are the photographs of the posted notices. You'll notice the two orange bases

Similar wording

plus the copy of the notice of refusal. This is 623 to 625 Catherine Street. To the right is 6227

Similar wording

Catherine Street and that building will be removed. Another photograph looking down the block

Similar wording

showing the Catherine Street posting. Again, the Catherine Street posting. This is the Felton

Similar wording

Street posting. The property is the corner of Felton Street and Catherine Street.

Similar wording

This next exhibit shows the context of the site. It's an L-shaped property, the longest part being

Similar wording

on Felton, and the shortest part being on Catherine, only a block from Cobbs Creek Park.

Similar wording

The Planning Commission has agreed with us that the frontage, the primary frontage,

Similar wording

is on Catherine Street. This is a view going north on Catherine Street,

Similar wording

and this is a view going on Catherine Street going, I'm sorry, did I say Catherine Street?

Similar wording

that was going up Felton Street. This is going west on Catherine Street toward the park.

Similar wording

This is east on Catherine Street. In the center is the existing building that will be demolished.

Similar wording

This is a view of the furthest most part on Felton Street.

Similar wording

The green area is part of this L-shaped problem.

Similar wording

The green area is part of this L-shaped property.

Similar wording

To the right are single-family homes that have a shared driveway.

Similar wording

As will be shown later, that driveway is for those homes that are abutting it, but we have no right to use that driveway.

Similar wording

Again, looking north on Felton.

Similar wording

this is the original application and the zoning site plan the property measures about 13 000

Similar wording

square feet and what you see here is the ground floor of a four-story building

Similar wording

where the ground level was not attributed at this point i'll explain that we have been

Similar wording

working with the streets department to come up with access to the property. It will have a totally

Similar wording

green roof. And here is the first refusal that we received. As you can tell from this,

Similar wording

Ellen and I determined that given our 13,000-square-foot lot, the code allows us to provide 26 affordable units.

Similar wording

This is not a mixed-use project, but a totally affordable project, 38 units, 15 of which will be subsidized.

Similar wording

But we need 38 units, and we need four floors to make this pencil out.

Similar wording

The economics of this in today's world requires us to have 38 units.

Similar wording

We also exceed the height.

Similar wording

The height for this CMX2 district is 38 feet.

Similar wording

We ask for 43 feet 2 inches in order to get our four floors in.

Similar wording

We think that's a minor adjustment upwards.

Similar wording

This is our application project information form.

Similar wording

that included the refusal. But we wanted to add parking in a driveway and we requested and

Similar wording

received permission to amend the original application. And this is the application

Similar wording

that was amended. And what we have here are 10 parking spaces under the building,

Similar wording

including one accessible space. To access that we have a driveway 18 feet in width. Again we have

Similar wording

the green roof and this has 38 units. Along with that application was the architect's letter

Similar wording

stating what the changes were. I'm going to skip over this for a moment. This new application

Similar wording

and site plan, generated two additional refusals. The first is an unusual refusal.

Similar wording

L&I considers this, because our side yard is on a property line, to be an attached building.

Similar wording

As far as we know, it won't be attached to anything. It will border some single-family homes.

Similar wording

but in a CMX2 district, they don't allow accessory parking.

Similar wording

We could go into what the history of that is, but we don't have a common shared driveway

Similar wording

and therefore our 10 spaces, which we think are essential for this and for the residents,

Similar wording

is accessory parking is something that we ought to be able to do.

Similar wording

And it's a very unusual set of circumstances that we don't have the right to do that.

Similar wording

The second refusal here, it was at the time of the original application, the minimum driveway width was 24 feet.

Similar wording

And therefore, since we were providing a driveway, drive aisle width of 18 feet, we received a refusal.

Similar wording

However, if we go back to the new code or the current code, there was an amendment earlier this year that allows the access driveway, drive aisle, to be 18 feet in width.

Similar wording

But it's still generated, even though it complies with the current code, it's still generated a refusal.

Similar wording

So those are the four refusals.

Similar wording

This is a rendering of the project.

Similar wording

And the exact architecture is still being worked on by the architect and the church.

Similar wording

But in this vision of it, we're replicating the rhythm of the adjacent row homes.

Similar wording

You'll notice that there are doorways and balconies.

Similar wording

You'll notice that there are doorways and balconies that could be enjoyed, and the rhythm is replicated down Felton Street.

Similar wording

When we get to the floor plans, I'll explain where the affordable units have been put.

Similar wording

This is a straight-on view of the exterior, again, showing 43 feet, 2 inches.

Similar wording

Here's the floor plan.

Similar wording

To the bottom, you'll see a community center.

Similar wording

The church will work with any community group to give them access and to plan activities.

Similar wording

There's a multi-purpose room here.

Similar wording

There's a library.

Similar wording

There's a laundry area.

Similar wording

And there are two residential units. And you'll notice on the right, if you can see it, that the next slide has floors two, three, and four. Each of them have 12 residential units. All of them are one bedroom.

Similar wording

They are accessed by an elevator as well as the stairways and laundry area.

Similar wording

As you'll notice on the right, the 29 one-bedroom units measure more than 500 square feet.

Similar wording

The fully accessible units, of which there are nine, measure more than 700 square feet,

Similar wording

which I think compared to what you've been seeing is maybe it would be too generous to call it

Similar wording

a generous square footage, but more than you sometimes see.

Similar wording

This slide shows why this particular site is an attractive, affordable living project.

Similar wording

There are many, many services in the immediate area.

Similar wording

The park is nearby. There are places of worship nearby, places of commercial activity nearby.

Similar wording

And so affordable living will allow our seniors to access those services.

Similar wording

This was our letter to the neighbors in advance of the RCO.

Similar wording

I'm sorry I put these notices, proofs of mailing.

Similar wording

in, but there were some, I remember it was 125 or so.

Similar wording

And lastly, the project was shown to Eleanor Sharp, the Executive Director of the Planning

Similar wording

Commission, and this letter dated February 5 may not relate exactly to this zoning hearing,

Similar wording

but you'll see it was the opinion of the staff that this met the requirements and the purpose

Similar wording

and intent of the comprehensive plan.

Similar wording

If there are any questions, I'd be glad to answer those.

Similar wording

Thank you.

Similar wording

Any questions from the board for Mr. Sklaroff?

Similar wording

No.

Similar wording

Thank you.

Similar wording

Mr. Sklaroff, do you have someone that you would like to adopt?

Similar wording

I should have said this in the beginning, Mr. Chairman.

Similar wording

I'd like to rely on Section 303.14F,

Similar wording

which if there's no objection to any parties from any parties the statements I've made

Similar wording

can be seen as on behalf of those of the applicant and can be used to create findings

Similar wording

of facts and conclusions of law. So noted thank you. Before we go any further I would like

Similar wording

we have a letter from Councilwoman Gaultier. I'd like to read into the record.

Similar wording

uh councilwoman gaultier is in support of the variance request being presented here today

Similar wording

this is not meant in any way to prejudge or discredit the concerns that we know have been

Similar wording

expressed by near neighbors we understand these concerns and believe that compassion

Similar wording