civus
Hearing video

ZBA Hearing - March 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 13, 20246h 7m

is the owner.

Similar wording

And our vice chair has a few questions.

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

Similar wording

Yes.

Similar wording

Thank you, counsel.

Similar wording

Please proceed and share your screen.

Similar wording

Good afternoon again, members of the board. On the screen is my exhibit pack that was submitted to the board.

Similar wording

good afternoon again members of the board on the screen is my exhibit pack that was submitted

Similar wording

Preliminary matters, the ZBA appeal is at Exhibit 9. Our photographs of the zoning posters are at Exhibit 10.

Similar wording

The 14303 notices are at Exhibit 11. My client's deed is at Exhibit 12.

Similar wording

And the tax zero tax balance form is at Exhibit 13.

Similar wording

Mr. Chairman, as you mentioned, I was connecting when you mentioned that there was a letter from the RCO.

Similar wording

Yes. One, we do have a letter of support for the project, given the size of the property and location and the need for housing at this location.

Similar wording

The RCO did include a bunch of documents that they call provisos.

Similar wording

They're non-zoning issues, but my client is going to be looking to hire local contractors and prioritize local tenants, especially with the accessible units we're preparing.

Similar wording

And the rents that we're trying to keep are going to try to be on the lower end for affordability purposes.

Similar wording

Our refusal is at Exhibit 2, and this is an application to erect a new construction attached structure that will be for multifamily household living for seven dwelling units.

Similar wording

The property itself is zoned RSA 5, residential single family, and that creates a refusal for us.

Similar wording

And here we have two refusals. One, multifamily is not allowed by right in the RSA 5 district, which is why we're seeking the variance today.

Similar wording

And the second issue is the proposed structure, since it's an intermediate lot, can only be 75 feet of occupied area, and we are at 87% occupied area.

Similar wording

Exhibit 3 is the zoning map and aerial maps for the subject property and surrounding area.

Similar wording

Our property is on the west side of North Carlisle Street.

Similar wording

and it's zoned RSA-5.

Similar wording

The properties to the east of us are CMX-3 properties

Similar wording

that front on Broad Street.

Similar wording

The second photograph of Exhibit 3 is a map of the property

Similar wording

just showing Tioga Street to the south,

Similar wording

15th Street to the west,

Similar wording

Benango Street to the north,

Similar wording

and Broad Street to the east.

Similar wording

And the next major intersection I'll mention for the board

Similar wording

above Benango Street would be Erie Avenue

Similar wording

and the Erie Transit stop.

Similar wording

Looking at page three is a 3D aerial photo of the 3500 block in North Carlisle Street.

Similar wording

For context, the properties to the east of us is the 12-story Temple Medical School building

Similar wording

and then Broad Street and Shriners Hospital.

Similar wording

And the additional photos just show additional angles from the view looking north.

Similar wording

And then page five is the view looking east, which is the front of the property would be

Similar wording

looking into the Temple Medical School building, and then a view looking west from the Broad Street

Similar wording

where the towering building blocks this block of Carlisle Street. Exhibit four are the site

Similar wording

photographs. The subject property is the vacant lot in the middle of the screen. We have a two-story

Similar wording

structure to the east of us, and a three-story abandoned structure at 3534 North Carlisle to the

Similar wording

north looking from south from benango street the corner property there is a use used for an

Similar wording

after-school program for 25 children going south along carlisle street the next property

Similar wording

is a property at 3540 north carlisle that is last permitted for storage of contractor equipment

Similar wording

continuing south there's two three-story residential dwellings and then that abandoned

Similar wording

house at 35 34 and then my client's vacant lot and then going down the block farther to the south

Similar wording

we have a series of five single family two-story houses and the rest of the block we then have

Similar wording

five two-story houses that are the carlisle port student housing apartments

Similar wording

and the next photograph on page four there's two more residences at the end of the block and then

Similar wording

a vacant lot at Tioga Street, which is the next intersection. I took a photo looking north of

Similar wording

this block of Carlisle Street just to see the context with the Temple Medical School building

Similar wording

to the east. And then we have a view looking east towards Broad Street and south at Tioga looking

Similar wording

south on Carlisle Street, just for context. And then the top of the block back at Venango Street

Similar wording

looking west, we have a series of three-story structures looking west and then turning looking

Similar wording

east, we have the Broad Street intersection at Benango which has Shriners Hospital, a church on

Similar wording

the northeast corner, and another religious use on the northwest corner. Exhibit 5 is the zoning

Similar wording

plan for this lot. I'm going to zoom in because it's very hard to see. So this is a large oversized

Similar wording

So this is a large oversized lot on this block. It is a 20 foot wide parcel and it has an existing depth of 78 inches.

Similar wording

lot on this block.

Similar wording

We do have a zoning plan attached that exhibits at five, but we do have revised plans after meeting with the community.

Similar wording

The big feedback that we heard is we need more residential units, but we also need accessible units.

Similar wording

So we did revise the plan to meet the request from the Nice Time Tioga Group to revise the front of our entryway.

Similar wording

And I'll start with the elevation. The proposed structure is 35 feet, one inches high, not to exceed 38 feet.

Similar wording

Looking at the front elevation, we're proposing a brick structure to match the other brick buildings on the block.

Similar wording

We would be approximately 35 feet high. And the front entryway, as you can see, this arched entryway,

Similar wording

that's actually a passageway leading to the doors to the building, which would be in the

Similar wording

center of the building through that passageway. That's a private passageway for safety purposes,

Similar wording

ingress, egress, and from the rear yard. The zoning overview of the front of the property,

Similar wording

so we have an access ramp at the front of the property to allow for accessibility of this

Similar wording

building we have a front landing stoop and steps and that leads into a four foot six inch wide

Similar wording

access way that leads back to the center where there would be an an entry door and the stair

Similar wording

tower that would provide access to the units inside the proposed building our rear yard is

Similar wording

code compliant we have to have nine foot minimum rear yard space we have nine feet eight and a

Similar wording

quarter inches of proposed rear yard and we have a large oversized egress well at the back of the

Similar wording

property that's approximately four feet six inches. The looking at the layout that based

Similar wording

off the revisions from the community the first floor would enter in either off the ramp into

Similar wording

the access passage or the steps and going down the hallway and this would be an exterior hallway

Similar wording

that would lead to the front entry door in the middle of the building that has a central stair

Similar wording

tower. So we would have units in the front of the building and also in the back. The first floor

Similar wording

front would be a accessible class. It's a class B accessible unit, 400 square foot studio apartment

Similar wording

that would have living space, kitchen, full bathroom. The rear unit would be an accessible

Similar wording

unit as well, 340 square foot unit, living space, kitchen, bathroom. And we have the central

Similar wording

stair tower that goes down to a lower unit that is a 370 square foot studio apartment with a large

Similar wording

oversized egress well again living space kitchen bathroom and we then would have a second and a

Similar wording

third floor that has each have two units each they're one bedroom apartments 530 square feet

Similar wording

a piece so going up the stairs to the second floor we have a full kitchen a full living room

Similar wording

bedroom and bathroom and they are mirror images at the second and third floor levels so the same

Similar wording

unit is in the front and the back and at the second and third floor levels we did include

Similar wording

trash storage closets outside of the units for each of the units to have the a place to store

Similar wording

their trash in between trash day and all of these units would have access to that egress passageway

Similar wording

and full access to the backyard for trash storage and outside space.

Similar wording

The revised proviso plan form is attached at Exhibit 7, and it's pretty minor.

Similar wording

The main changes were the interior layout to make the units accessible on the first floor.

Similar wording

We've reduced the height of the building to approximately 35 feet 1 inch,

Similar wording

And we lengthened that front sidewalk ramp to allow for accessibility and accessible units on the first floor level.

Similar wording

At Exhibit 8, I've included from atlas.philo.gov the dimensions of the neighboring properties on this block.

Similar wording

Our property is 20 feet, over 78 feet deep.

Similar wording

Most of the neighboring properties on this block, as you look to the north, they're 13.5 feet wide.

Similar wording

going to the south you have a series of these the smaller single family homes are 14 foot wide

Similar wording

properties and then farther to the south towards uh tioga most of those properties are 13.3 feet

Similar wording

by 78 feet wide substantially smaller than what my client's property is at 20 feet by 78 feet

Similar wording

and we would submit that it's it's not economically viable to build a large single family house on

Similar wording

on this massive oversized lot at this location. This is a property where we would submit that

Similar wording

this massive oversized lot at this location.

Similar wording

This is...

Similar wording

the least minimum variance is the multi-family, seven multi-family units that we're suggesting

Similar wording

the variance for here, especially with the accessible units that we'll be able to provide

Similar wording

to the community. This is a transit-oriented development right next to Broad Street,

Similar wording

and the Erie Transit's not being a block away, and we're immediately behind that 12-story Temple

Similar wording

medical school building, there's going to be no impact on the light and air of any neighboring

Similar wording

properties. There's going to be no impact on the traffic at this location. And there's no impact

Similar wording

on negative impact on the neighbors. And it's in keeping with the other rental properties that

Similar wording

dominate this block. So we would submit that the board approve the variance request for the

Similar wording

multifamily space so we can bring affordable, accessible property rentals to this neighborhood

Similar wording

as requested by the community you bring your client on please and adopt your testimony

Similar wording

mr ferko can you please raise your hand

Similar wording

and his name is nori n-o-r-i f-e-r-k-o ferko mr ferko has been allowed to speak mr ferko could

Similar wording

you please state your name and spell for the stenographer hi my name is nori n-o-r-i last

Similar wording

name is Ferko, F-E-R-K-O. Do you swear or affirm, tell the truth, the whole truth, nothing but the

Similar wording

truth? Yes, I do. Please proceed, counsel. Mr. Ferko, did you hear the statements that I presented

Similar wording

to the board today? Yes, I did. Were they true and correct to the best of your knowledge,

Similar wording

information, and belief? Yes, they were. And do you, after having met with the community,

Similar wording

do you feel that we've revised the plans to meet their concerns with accessible units?

Similar wording

yes i did and would you adopt my statements as your own yes questions from the questions from

Similar wording

the board questions or comments from our attorney hillary emerson not at this time

Similar wording

mr chair questions or comments from the virtual audience

Similar wording

i see no hands planning commission

Similar wording

Thank you, Chair. Sarah Bond, Philadelphia City Planning Commission. The comprehensive plan recommends no change to the existing residential single-family zoning. The appellant has not supported their hardship claim for seven rental units with evidence of the unique physical circumstances or conditions of the property.

Similar wording

The Philadelphia City Planning Commission recommends that the zoning board grant the variance with the following conditions. Maximum three units.

Similar wording

Thank you.

Similar wording

MI 2023-007-156-3552 North Carlisle Street.

Similar wording

I vote yes with proviso.

Similar wording

Revised plan, one page, stamped by ZBA on March 13, 2024, and no more than five units.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with Proviso.

Similar wording

Ishmael Shaheed, my vote is yes with Proviso.

Similar wording

Thank you. Thank you, counsel.

Similar wording

Thank you.

Similar wording

Number 14, MI 2023-007-095, 5341 Westford Road.

Similar wording

Alan Nockmson is the attorney.

Similar wording

Letter of support from the 42nd Ward Democratic RCO.

Similar wording

LETTERS IN SUPPORT. ALAN NOCHEMSON HAS BEEN PROMOTED TO PANELISTS.

Similar wording

MR. NOCHEMSON, COULD YOU JUST STATE YOUR NAME? YOU'VE ALREADY BEEN SWORN.

Similar wording

good afternoon again mr chair members of the board alan knockamson could you identify your

Similar wording

client the relationship to this property yeah my client is alvaro alvarez uh the owner of the

Similar wording

property all right now our vice chair has a few questions for you sir good afternoon council do

Similar wording

Do you agree to read another refusal or stipulate to its accuracy?

Similar wording

The only thing I don't stipulate to, there's a refusal for the use of the beauty salon.

Similar wording

And I saw in the public record that there is a zoning permit for it.

Similar wording

But with the exception of that, I stipulate.

Similar wording

Understood.

Similar wording

Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing?

Similar wording

Yes, we have.

Similar wording

Thank you, Councilor. Please proceed and share your screen.

Similar wording

Thank you, Counselor. Please proceed and share your screen. Thank you.

Similar wording

Thank you.

Similar wording

Oh, you don't want to see my ESPN here.

Similar wording

Nothing special going on. No eagles being signed today, I think.

Similar wording

I'm going to share this screen.

Similar wording

5341 Westford Road, a pretty straightforward project.

Similar wording

So during this presentation, we'll share the notice of refusal to allow our support from the 42nd Democratic Board, which I believe was unanimous support.

Similar wording

We have an extensive petition. Mr. Alvarez actually lives above this commercial unit here, and he's lived in this community since 2007.

Similar wording

So he's a well-known entity. So he was able to get significant support from not just the people who voted at the community meeting, but his nearby neighbors.

Similar wording

The refusal essentially has to deal with a structure that was constructed in the rear of the property.

Similar wording

That structure started before Ms. Alvarez even owned the property.

Similar wording

He just made improvements to it by adding a roof, but that structure has been there a while.

Similar wording

But it's not uncommon to have secondary structures of this nature. And we have we looked at the city records and we have a whole map of nearby properties with secondary structures, which are similar in nature.

Similar wording

I have the use permit 472568, which references the beauty salon, and that's why I objected to the refusal that's included with our notice of refusal, you know, dealing with the beauty salon.

Similar wording

We have an aerial view of the property, maps of the area, photographs of the property in the surrounding area, our simple plans and drawings, our RCO meeting notice, and again, unanimous support in support of this matter, our application for appeal that we filed on Mr. Alvarez's behalf, the deed to the property showing that he's owned this property for almost a generation, and the certificate of tax clearance.

Similar wording

Again, at the conclusion of my presentation, I would ask Mr. Alvarez to virtually raise his hand, be sworn in, and I'll have a few questions for him.

Similar wording

So in terms of refusal, it seems scarier than it is.

Similar wording

It really is not.

Similar wording

It's an RSA 5 property.

Similar wording

It's a corner property, the quintessential corner property, where you have a commercial use on the ground floor, which is legal, although it's not referenced in that refusal and such.

Similar wording

It's a beauty salon, and it's been there for almost a decade.

Similar wording

And above there, Mr. Alvarez lives there. And so all we're trying to do, like essentially is legalize that structure that's in the back. He's basically the neighborhood handyman. He puts his materials in that structure in the back. And no one really has any objection to it.

Similar wording

But we have all these technical refusals. So we have multiple principal uses in the residential district. We have the fact that this is an accessory structure for certain size, and we exceed the size that is allowable.

Similar wording

We have the fact that the proposed used storage building is not allowed to be used in the RSA 5 zoning.

Similar wording

And then an issue with the rear yard depth, because the structure is in the rear yard, we have those refusals.

Similar wording

Again, they all kind of go to the heart of the matter, that this is just a structure for his storage of materials.

Similar wording

And then, by the way, here it says approved for a beauty salon on the first floor with one family above.

Similar wording

So that's another reason showing that we shouldn't have that refusal for the use for the beauty salon.

Similar wording

So letter of support, we have eight people who showed up to that meeting.

Similar wording

I would have to say it was one of the more straightforward, easier presentations our office has done in some time.

Similar wording

Everyone was supportive of it. They completely understood it.

Similar wording

And, you know, they generously support this project.

Similar wording

and again in the letter of support they indicate that he's that my clients lived in the community

Similar wording

for 20 years and you know the beauty salon has been there since 2013 and you know you know they

Similar wording

want to ultimately they want the zba to support this variance request and then again what my

Similar wording

client did was he you know diligently canvassed the neighborhood got letters or signatures and

Similar wording

support and you know included next door neighbor who would be most directly impacted by you know

Similar wording

this building structure in there and everyone's in support of it and here's our petition our letters

Similar wording

to support support which you know is a background for that map i just showed you and then nearby

Similar wording

secondary structures again my office diligently went on atlas and looked at you know from a map

Similar wording

and looked at, you know, from a map perspective, like all these structures, which would run afoul of the Philadelphia zoning code because it's a secondary structure or the rear yard setback or many of the refusals that we have.

Similar wording

perspective, like all these structures.

Similar wording