civus
Hearing video

ZBA Hearing - January 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 31, 20244h 17m

Yes, good morning.

Similar wording

Good morning. My name is David, D-A-V-I-D. I'm Eric Conner, A-M-E-R-I-K-A-N-E-R.

Similar wording

You swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do, Chair Bergen.

Similar wording

Could you put your video on, please?

Similar wording

Let me see if I can.

Similar wording

I just promoted him, Chair. He should be able to now.

Similar wording

Okay, thank you. I appreciate it.

Similar wording

You're welcome.

Similar wording

good morning sir good morning chairman okay so i'm going to have mr knox to present his case

Similar wording

Good morning, sir. Good morning, Jeremy. Okay.

Similar wording

and then we'll get to you after that okay okay um mr knoxen um a few questions from our vice chair

Similar wording

please good morning council have you emailed excuse me do you agree to weigh the reading

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibits, five fees and events of this hearing?

Similar wording

Yes, we have.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

So I'm here to present 2000 South Street. This is a property at the corner of 20th and South.

Similar wording

South and our property abuts properties on Cater Street.

Similar wording

During our presentation, we're going to review first a notice of refusal.

Similar wording

Then we did receive a letter of support from the coordinating RCO, South of South Neighborhood Association, better known as ASNA.

Similar wording

And we have other letters that we received both from community members as well as other RCOs.

Similar wording

Then we'll review the revised plans that we proposed so that if this board feels so inclined to grant our pending zoning appeal, they would do it by way of proviso.

Similar wording

We'll review maps of the area, photographs of the property and the surrounding area.

Similar wording

Our plans and drawings, which have been prepared by Nome architects and in the virtual audience is Gabriel Deck, one of the architects for Nome, who can answer any technical questions the board may have.

Similar wording

after that our rco meeting notice so we had two meetings with the community

Similar wording

the second meeting they took a vote and again in support of this project our application for

Similar wording

appeal that we filed on behalf of lh south llc the owner of the property and again in the virtual

Similar wording

audience is leonard hill its member and at the conclusion of my presentation i would ask that

Similar wording

Mr. Hill, virtually raise his hand. I'll have a few questions for him. And, you know, if he feels

Similar wording

so inclined to answer anything that the board may ask of him specifically, I would ask that he do

Similar wording

so. We have our deed to the property showing that LH South LLC is the owner of the property and our

Similar wording

certificate of tax clearance showing that LH South LLC is in good standing with respect to real

Similar wording

estate taxes. So our notice refusal is this. This is a CMX2 property. It's a rather large lot of

Similar wording

1,740 square feet. And what we're looking to do is demolish an existing building structure that's

Similar wording

completely shot. It's a three-story structure, commercial on the ground floor, residential

Similar wording

above. And what we're going to do is mimic almost the, well, what we proposed initially is to mimic

Similar wording

the building structure that's there by way of adding a new building structure,

Similar wording

creating a commercial space, which would be facing essentially the corner, well, not essentially,

Similar wording

but be facing the corner of 20th and South with an OB on South Street to help support that

Similar wording

commercial order, and to have residential units above, where the actual one to the side of us

Similar wording

on 20th Street were to be one residential unit, and then four above on the second and third

Similar wording

floors. So initially, we had a project where we had four refusals. We have eliminated two

Similar wording

and diminished another one. So the first refusal is, this is a CMX2 property, which allows for

Similar wording

multifamily use. Because of our lot size, we'll only allow three when we're asking for five.

Similar wording

We're proposing to have five one-bedroom apartments. So that's the focus, is the amount of

Similar wording

bedrooms. In actuality, if we had three units, we could have nine bedrooms. But we didn't think

Similar wording

it was appropriate. There's a need in the community for more diversity of housing to have

Similar wording

four residential units have more one-bedroom units, and that's where that need we're trying

Similar wording

to meet. In addition, as the board knows, we're close to the three to go from three to four,

Similar wording

but because of how the Philadelphia Zoning Code works, they always round down, not up.

Similar wording

So that's why we're short of the five-unit requirement. Originally, we were asking for

Similar wording

45 feet high. It was going to be a more interesting design in that the fourth floor would have had a

Similar wording

mezzanine level that was set back in all areas. The community did not appreciate that, including

Similar wording

the adjacent property owner behind us on Cater Street where, you know, she was concerned about

Similar wording

like her view of the city. So as a combination, we reduced

Similar wording

her view of the city. So as a combination, we reduced the height by 38 feet to a maximum of

Similar wording

uh

Similar wording

38 feet. And we'll go over her letter that we received yesterday, where we've made additional

Similar wording

accommodations. And I have a statement that I was asked to read by her and her attorney,

Similar wording

who's present in the audience as well. The third refusal has to do with the maximum occupier area.

Similar wording

Because we're a corner property, we're allowed to have a maximum occupied area of 80%.

Similar wording

We're asking for 92.8%.

Similar wording

Again, because of accommodations we made with Mr. Emma Kanner's client yesterday, we've

Similar wording

reduced this variance by increasing the size of the rear yard setback to nine feet.

Similar wording

So in actuality, we're getting closer in conformance to the Philadelphia zoning code. And again, we are mimicking for all intents and purposes, the building footprint that's there in a lot of respects. Our rear yard setback on our current building structure is six feet.

Similar wording

That's why we had that last refusal of six feet. But because of Mr. Amick Hanner's client's concerns about the building structure to accommodate her, yesterday, we increased the rear yard setback to nine feet for all levels.

Similar wording

So if this board feels so inclined, I have a lot of provisos. And we discussed the mechanics of that with Ms. Emerson last night, just to make sure that we understand exactly how we should propose this project to the board. And if the board feels so inclined, we have provisos that are set out.

Similar wording

So, we've worked diligently not only with the community, but with nearby neighbors to make this a responsible project for the community. So, we do have a letter of support from SOSNA. And in there, they state that we work with them and the community in terms of modifying this project.

Similar wording

So it's a responsible project for the community and will be a valued asset to the community as well.

Similar wording

So, again, one of the things I want to make sure the board understands what you're seeing in terms of the revised plans is what the community saw with some minor modifications that we reviewed with Mr.

Similar wording

at McCanner beforehand, because I want to point out if there was any deviations from our drawings.

Similar wording

And because of those of our presentation from the community and our modifications, the community

Similar wording

supports this project as a whole, at least according to RCO. And we'd have additional

Similar wording

provisos in addition to the revised plans. And they are as follows. Trash stored in the residential

Similar wording

units, trash stored in the commercial unit, and the final one is commercial trash pickup.

Similar wording

So again, if this board feels so inclined to grant this project, it would be for revised plans,

Similar wording

which we're providing you today, trash stored in the residential unit, trash stored in the

Similar wording

commercial unit, commercial trash pickup. And then I have a few more provisos that, again,

Similar wording

And we negotiated with Mr. Amit Kanner's client last night.

Similar wording

And I just want to make sure that those additional improvisos are there.

Similar wording

And I'll discuss that a little later in my presentation after showing her a letter.

Similar wording

And then, you know, we also received a letter from North of Washington Coalition.

Similar wording

They gave conditional support.

Similar wording

Their concerns were as follows.

Similar wording

They were concerned about the affordability of this project, of the units as a whole.

Similar wording

That's not zoning related.

Similar wording

Again, what we're trying to do is meet the need within the community of having one-bedroom apartments here.

Similar wording

You know, having additional apartments, you know, conversely, would hopefully make them more affordable.

Similar wording

But, you know, we are not meeting the affordable housing guidelines of, you know, for PHFA.

Similar wording

but, you know, we are not disinclined to provide affordable units under PHA. And so my client has

Similar wording

thought of doing that. He has not made a decision whether or not he is going to do it, but he's not

Similar wording

going to prohibit that, you know, type of thought process during the construction phase of this

Similar wording

project. The second concern of North of Washington Coalition was, you know, they wanted us to work

Similar wording

collaboratively with the community we always work my clients always work collaboratively with the

Similar wording

community and we welcome the opportunity to you know sit down with the members of north of washington

Similar wording

and we welcome the opportunity to you know sit down with the members of north of washington

Similar wording

coalition and see how that can happen mr hill the member of of the of the property the corporate

Similar wording

property owner lives in the neighborhood so he's you know he's he's not like an outsider to this

Similar wording

community and finally their third concern was about local hiring uh in for this project you

Similar wording

know, Mr. Hill will hire anyone who's doing licensed, insured, and experienced. And, you know,

Similar wording

again, he would welcome the opportunity to know of contractors and professionals who can help

Similar wording

him along in this neighborhood with this endeavor to build his five-unit mixed-use building.

Similar wording

And then this is the letter that we received yesterday from Mr. Emmett Canter's client,

Similar wording

where she stated her, in spite of the community support,

Similar wording

she stated her opposition to the project generally.

Similar wording

And we did diligently work with her and her attorney.

Similar wording

And I was asked to read a statement

Similar wording

which shows how we have progressed this project

Similar wording

even more at her request.

Similar wording

We understand that the board received a letter of opposition

Similar wording

to the project variances on Monday of this week.

Similar wording

Signed by a number of neighbors of the property,

Similar wording

the applicant has worked in good faith

Similar wording

with members of the community

Similar wording

to respond to their concerns

Similar wording

and is today asking that two new provisos

Similar wording

be added to the proposed project

Similar wording

to respond to some of those concerns,

Similar wording

particularly concerns over the bulk

Similar wording

of the proposed building.

Similar wording

And these are the two provisos.

Similar wording

In your revised plans,

Similar wording

you will see that we propose to have

Similar wording

a height of 36 feet, eight inches to the roof line. Now we're asking for maximum 38 feet.

Similar wording

That was one of the concessions because what we're doing is our revised plans had a rear yard

Similar wording

setback of six feet on the first floor. And it was 10 feet rear yard setback on the second and

Similar wording

third force. Based on the compromise, we are agreeing to have a rear yard setback on all

Similar wording

levels of nine feet. So it would be rear yard setback of nine feet on all levels. And I'm

Similar wording

going to continue the statement. We believe that the revised plans with provisos is responsive

Similar wording

to at least some of the concerns raised by the neighbors.

Similar wording

and it's not out of character to have like again this rear yard setback issue and coverage issues

Similar wording

behind us on 2001 cater street this board granted similar variances regarding roof decks

Similar wording

or excuse me rear yard decks for this property so these type of things are not out of character

Similar wording

plus our building footprint is actually mimicking for this project what's there.

Similar wording

The only difference is like the side area, and we'll point that out as well.

Similar wording

And then these are our revised plans, the proviso form.

Similar wording

These are the things that are different from the original proposal.

Similar wording

Mezzanine level removed, so instead of 45 feet high, now we're going to be 38 feet.

Similar wording

Now, it does say building height reduced from 45 feet to 36 feet, 8 inches, because that's what the revised plan says. But I spoke to Ms. Emerson. We can agree, if the board agrees to grant this variance, that there could be language of 38 feet maximum height, and we'll deal with updating the revised plans after this hearing.

Similar wording

There will be a trash enclosure which is going to be removed in the rear yard because originally we were going to store trash in the rear yard.

Similar wording

And again, by way of proviso, we're agreeing to store garbage in the residential units and store garbage in the commercial unit itself.

Similar wording

And then proposed building entrance stairs reconfigured at 20th Street at the right of way.

Similar wording

Again, at the request of the community, we reoriented the staircase in the front.

Similar wording

While we're on the side, and then to, and I don't know if this is, you know, this is what we're going to do and it's on our site plan. I don't know how enforceable this is, but we have to propose street trees now included subject to street and parks and rec approval.

Similar wording

And then, finally, the 2 pilot houses have been altered because of this change in the mezzanine level as well.

Similar wording

And then this is all reflected on the revised site plan.

Similar wording

And then I just want to highlight this. This is our elevation as part of our zoning plan. You'll see right here, this is a.

Similar wording

get to that. This is our elevation of the new building. What Nomar Architecture did was

Similar wording

really helpful for me to understand and hopefully the ZBA to understand. There's these dots here

Similar wording

which shows what the elevation of the current building structure is. And as you can see here,

Similar wording

we really just mimicked what's currently there. So whatever issues with light and air,

Similar wording

are similar to what is for this proposed project

Similar wording

or similar to what currently exists for this property.

Similar wording

We did not try to impact anyone's light in there differently.

Similar wording

Oops.

Similar wording

All right.

Similar wording

This is our zoning map of the area.

Similar wording

This is a CMX2 property.

Similar wording

Again, we're at the corner of 20th and South Street to cater one block south of us.

Similar wording

This is a commercial corridor.

Similar wording

The neighborhood appreciated the fact that we're going to have a prominent commercial unit here to add value to this commercial corridor.

Similar wording

And then this is our Google Maps perspective as well, which shows that this is a commercial corridor there.

Similar wording

And then photographs of the property.

Similar wording

this is the side of the property as you can see here there is an indentation on 20th street

Similar wording

we're filling out this indentation that's the really essentially the only difference

Similar wording

from the original proposal less than mezzanine level so we're filling in this in here

Similar wording

so again that's the only difference

Similar wording

And then this is South Street to the right of the property

Similar wording

South Street to the left of the property

Similar wording

South 20th Street to the right of the property

Similar wording

South 20th Street to the left of the property

Similar wording

And then these are our orange nose posters

Similar wording

Photographs showing that we have properly posted the property

Similar wording

On both sides of the street, both streets

Similar wording

and then these are our architectural plans and drawings our presentation that gnome architecture

Similar wording

put together and then you can see here of how we wanted to you know meet the the massing of

Similar wording

what's nearby so you can see that again we're trying to mimic the roof lines uh and we squared

Similar wording

off the build uh the commercial space the opening would be here it goes it goes back as far as here

Similar wording

And then you'll see from the floor plans, there's two residential entrances, one direct entrance for the first floor unit.

Similar wording

And then the second and third floor units have their separate entrance.

Similar wording

And then this is from the 20th Street side, as you can see.

Similar wording

And these are the two residential entrances.

Similar wording

This is for the first floor unit.

Similar wording

This is for every unit on the second and third floor.

Similar wording

And this is from a rear perspective of the building as well, that directory.

Similar wording

And it's just an aerial view. Again, we wanted to show you like this purposefully, my client set back those pilot houses so you couldn't even see them from the street.

Similar wording

And then this is just the type of materials we're going to use. One of the things that the community asked for, the architectural design committee for SOSNA, was a more profiled cornice line, which we did.

Similar wording

We have black standing seam metal for the bay windows.

Similar wording

We have brown-toned Norman brick throughout the exterior of the property otherwise.

Similar wording

And there's lighting, landscaping as well.

Similar wording

And then this is just a different rendering from what you can see South Street.

Similar wording

And then this is part of the presentation a lot that already we covered.

Similar wording

And then these are just the floor plans, pretty basic.

Similar wording

But this is the commercial space here that you enter on South Street.

Similar wording

That commercial space is approximately 1,500 square feet.

Similar wording

And then we have residential units, all one bedrooms here.

Similar wording

The first one is on the first floor at the rear of the property.

Similar wording

And then you have each, the second and third floors, each also have two residential units with a common staircase in the middle.

Similar wording