civus
Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

start at somewhere around here and would have quite an absurd result under the code and would

Similar wording

violate the very intent of this provision now instead to achieve the code intent of providing

Similar wording

a uniform front facade the proposed home is set back eight feet now interestingly this refusal

Similar wording

was not issued when the home was first approved in 2021 the second refusal stems from the proposed

Similar wording

rear parking now the zoning code prohibits accessory parking for single family use unless

Similar wording

it can be accessed by a shared driveway, alley, or rear street. It's a very common code provision

Similar wording

that you likely hear quite often. Now, as you will recall, this property backs up to a unique

Similar wording

cul-de-sac condition off of North 5th Street, which you can see a little bit better here in

Similar wording

this city map. Now, we submit that this cul-de-sac, while not officially on the city plan, is

Similar wording

considered by the city as a dedicated street and therefore does not meet the strict code definition

Similar wording

of an alley or a rear street. The code would define an alley as a common right-of-way

Similar wording

shared by three or more abutting landowners that provide secondary access to lots.

Similar wording

This is certainly shared by three or more landowners. A street, conversely, is defined as

Similar wording

one being confirmed on the city plan, which this is not. As you can see here at Exhibit 12 up on

Similar wording

your screen, this is a printout of the city street map from the city's open map system,

Similar wording

and you'll see that the cul-de-sac area presents somewhat of a quandary as it relates to the street

Similar wording

identification. Now, we did argue to L&I that this parking should be a by-right condition under the

Similar wording

code, and that the ambiguity in defining this rear cul-de-sac area should be weighed in favor

Similar wording

of the landowner. Ellen and I issued the refusal nonetheless. That is why we're seeking relief

Similar wording

today. Now, Jenna and Steve's home is perfectly consistent with the single-family nature of this

Similar wording

area, both in light of the proposed aligned facade and in addition to the rear access parking.

Similar wording

As you saw in many of the photos, the adjoining single-family homes in this area all have parking access from Poplar Street, which was not viable here due to the proximity to the corner, and would also have resulted in a refusal.

Similar wording

and would also have resulted in a refusal. These conditions stem from the unique property shape

Similar wording

These conditions stem from the unique property.

Similar wording

and orientation. We further submit these conditions are not true deviations from the

Similar wording

requirements of the code, but instead stem from challenging considerations that are not subject

Similar wording

to strict interpretation under the code. We submit the proposal will not increase congestion,

Similar wording

harm neighboring properties, or impair light and air. A full analysis is provided in the memo of

Similar wording

law submitted at Exhibit 14. And as you noted early on, we did receive a letter of support

Similar wording

from Northern Liberties Neighbors Association, which is in the packet at Exhibit 17. So Jen

Similar wording

or Steve, if you wouldn't mind raising your hand.

Similar wording

We see your hand.

Similar wording

Hello.

Similar wording

Hi.

Similar wording

You state your name, please, and spell for the court reporter.

Similar wording

Stephen Nemroff, S-T-E-P-H-E-N-N-E-M-R-O-F-F.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed, counsel.

Similar wording

Thank you.

Similar wording

Stephen, have you heard all of the testimony and evidence that I offered to the board today?

Similar wording

I have.

Similar wording

and would you agree that that testimony was true and accurate and would you adopt it as if it were

Similar wording

your own yes absolutely thank you mr chairman we're happy to answer any questions questions

Similar wording

from the board no mr chairman no chair no chair questions or comments from the virtual audience

Similar wording

no hands chair planning commission

Similar wording

Thank you, Chair Bergman and Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

Board members, the comprehensive plan recommends no change to the existing RSA 5 single-family zoning at this location.

Similar wording

The proposed variances, we agree, result from a unique configuration of this lot relative to development on adjacent parcels.

Similar wording

So the City Planning Commission recommends that the board grant the variances.

Similar wording

Thank you.

Similar wording

MI 2023-000-127-500 Poplar Street, I vote yes.

Similar wording

Thomas Halliman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shahid, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you very much.

Similar wording

Number 11, MI 2022-007-131-1910 South Mall Street.

Similar wording

Alan Nockamson is the attorney.

Similar wording

Letter of opposition from East Point Breeze neighbors is attached.

Similar wording

The applicant has provided support supplied by 10 neighbors, all the 1900 block of South

Similar wording

Moll Street, plus one letter of support from a neighbor on South 16th Street.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

I just wanted to note that this afternoon, we also received a letter of opposition from

Similar wording

Councilman Johnson.

Similar wording

Okay, thank you.

Similar wording

Good afternoon, Mr. Chair, Alan Ockmson.

Similar wording

Mr. Ockmson, can you identify your client in the relationship to this property?

Similar wording

Yes, Stephanie Fahm and Timothy Young for the owners of the property.

Similar wording

Okay, our vice chair has a few questions.

Similar wording

Good afternoon, counsel.

Similar wording

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

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibits?

Similar wording

It's needed to proceed with this case five days in advance of this hearing.

Similar wording

I have.

Similar wording

Thank you.

Similar wording

Please proceed to share your screen.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

1910 South Mold Street.

Similar wording

We, I think, did a lot of concessions here in terms of this project.

Similar wording

If this was just a conceptually proposed project, this would be pretty straightforward.

Similar wording

Unfortunately, there's a long history with my client's mother, who was the former owner of this property, and some of the neighbors on this block, including the immediate neighbor at 1912 South Mold Street.

Similar wording

So we'll go over that and also go over the technical aspects of this various project.

Similar wording

But again, my client, all my client is looking to do is she bought the property for her mom.

Similar wording

She's looking to move in, renovate the property, move into the property, and to start a family.

Similar wording

And we're doing the least modification possible that you would expect on the Philadelphia zoning code.

Similar wording

So we'll review the notice of refusal. We have revised plans. Originally, we were going to have a roof deck and we're going to have a third story, which was going to be set back legally under the code.

Similar wording

So we'll review the notice of refusal.

Similar wording

We have revised plans.

Similar wording

It's originally we were.

Similar wording

But because of just the dynamics of this situation, my client just wants to do the least modification possible under the Philadelphia Zerney Code.

Similar wording

And so if this board feels so inclined to grant this variance, I would ask that they grant it by way of proviso via revised plans.

Similar wording

correspondence from the east point uh breeze neighbors uh petition you know showing there is

Similar wording

support on this block uh for my clients proposed use uh maps of the area photographs of the

Similar wording

property our original plans and drawings which included again this third story structure which

Similar wording

was legal the issue was where the pilot house was situated on that third story which generated a

Similar wording

technical height refusal but the height was not an issue but for where the roof deck access

Similar wording

structure was but we're eliminating that with revised plans uh we have our rco meeting notice

Similar wording

or application for appeal our deeds of property our tax planner certificate uh and in the virtual

Similar wording

audience is stephanie farm uh one of the owners of this property uh who's going to uh be introduced

Similar wording

to the board she'll state her name be sworn in and then i'll ask her to adopt my testimony as

Similar wording

her own. And then we also have Chris Johnson, the architect for this project. So this is an RSA5

Similar wording

property. We're not looking to increase density here. Bonnie wants to use it as her principal

Similar wording

residence. Originally, as part of this plan, what she wanted to do on this two-story block was add

Similar wording

a third story setback eight feet and then add a roof deck access structure. Also, there was a rear

Similar wording

addition, and this is the only thing that remains as part of this variance request. There's like a

Similar wording

breezeway on our property of 72 feet in totality. We just want to fill in that breezeway to square

Similar wording

off the back of our property such that we have now a functional floor plan now on this still

Similar wording

two-story structure. So all we're asking for is 144 square feet in totality in the first and second

Similar wording

force. We have a refusal for maximum occupied area where 75% is allowed and 85.71% is proposed.

Similar wording

I'll say this, this property is currently a non-conforming property. If I try to present

Similar wording

the property as is to this board, I would need a variance. So we're just slightly extending that

Similar wording

non-conforming use in terms of maximum occupied area you can ignore the height refusal due to

Similar wording

roof deck where the roof deck access structure is situated because we removed that uh by way

Similar wording

of revised plans by eliminating not only the third story which was legal but also the roof

Similar wording

deck access structure because that was what was asked of us by nearby neighbors um as a concern

Similar wording

who were in opposition um they're still in opposition but i think it has more to do with

Similar wording

personality between the previous owner my client's mother and um and those neighbors but has nothing

Similar wording

you know they can talk about if they're in a virtual audience about that um and then the

Similar wording

third refusal has to do with the minimum rear yard depth where nine feet's required and seven's

Similar wording

proposed again look this is a non-conforming lot right now our rear yard uh depth is currently

Similar wording

seven feet other than in that breezeway area because we're filling in that breezeway area

Similar wording

we're getting a refusal because we're extending that non-conformity.

Similar wording

We're just asking for slight modification of the Philadelphia zoning code

Similar wording

to create a functional floor plan in the rear.

Similar wording

And it's not out of character, as you'll see, from other properties nearby.

Similar wording

Again, if this board does grant this variance,

Similar wording

we would ask by way of proviso with these revised plans

Similar wording

where they removed the third story addition

Similar wording

and then they removed the roof deck.

Similar wording

And then this is ultimately this variance in a nutshell.

Similar wording

Not increasing density.

Similar wording

We have a three and a half feet by 14 feet,

Similar wording

three inch section that is a breezeway.

Similar wording

We're merely looking to fill it in.

Similar wording

You can see from the rear yard depth,

Similar wording

the existing is seven feet.

Similar wording

We're just filling this in,

Similar wording

which is creating that refusory.

Similar wording

and given the lot coverage issues we currently have with this this building structure we're

Similar wording

only asking for a slight modification this is not a big lot this lot the size of this lot is

Similar wording

size a lot is only 686 square feet so we don't have a lot of room for error here we just want

Similar wording

to make a functional plan and we're hoping the board understands the dynamics of this situation

Similar wording

And we're hoping the board understands the dynamics of this situation.

Similar wording

Now, we did meet with the East Point Breeze neighbors.

Similar wording

You know, it was a close vote, you know, four in support, five opposed and one abstained.

Similar wording

I would say this, they acknowledge that my clients did vote in support of their project.

Similar wording

They did, you know, it's acknowledged in there, but it was a close vote of four to five.

Similar wording

uh and i'm trying to see what else is here um they did acknowledge that we made changes

Similar wording

you know in terms of uh of the third story edition and removing that and removing the roof deck

Similar wording

um and then the petition like you know we do have neighbors in support of this project we're not

Similar wording

trying to change the character of this block we're not trying to increase density and you know we

Similar wording

We were trying to put a third story addition as of right, but just adding that roof deck created a refusal.

Similar wording

But because the roof deck created a refusal and we were asked to remove the third story,

Similar wording

we're just asking for that one modification to the Philadelphia zoning code by filling in that breezeway.

Similar wording

And then here's our petition, letter of support.

Similar wording

Again, this is a zoning map where we're not changing the use of the property.

Similar wording

And then Google map of the area.

Similar wording

And then this is just this part of this block. I want to point out that you can see that 1913, 15, 17, 19, Mold Street have like full width on at least the first floor. I'm not 100% sure if they're full width on the second floors.

Similar wording

in 1912 uh you know the person who you know rightfully has issues with you know my client's

Similar wording

mother um and we have no affiliation other than being related um and you know but you know she

Similar wording

has full lot width on the first floor so what we're asking for is something that she already

Similar wording

has we're asking for full lot width on it on uh width on the second floor as well and then

Similar wording

photographs of the property you can see it's a it's a cute two-story structure uh brick facade

Similar wording

uh this is the rear of the property uh of particular notes this is 1908 south mole they

Similar wording

were concerned about the effect it would have on 1908 south mole there's no windows in this

Similar wording

breezeway area so when if we fill this in yes there's a window here but there's no windows here

Similar wording

so we're not taking any person's we're not taking the person's light and air away from their

Similar wording

their side of their building structure and then this is south moll street to the right of the

Similar wording

property south moll street till after the property proof of our posting up for today's hearing

Similar wording

and then these are our plans and drawings as you can see this was the originally the intent

Similar wording

was you know to clean up the front facade have a little bit more modern look to it um and then to

Similar wording

have a third story addition by code eight feet back and to have a roof deck access structure

Similar wording

and you know you see the same building footprint we've run afoul of the rear yard setback as well

Similar wording

as the log coverage issues and then you know these are the four plans again simply that hasn't you

Similar wording

know that you know that hasn't changed on the first and second floors and we'll go over that

Similar wording

And then all we're doing is changing it such that instead of having that third story addition, just cleaning up the front facade and, you know, and again, putting new rear paneling on the rear facade, again, squaring off this property for us.

Similar wording

and then again the only thing that we're trying to do is fill in this three and a half feet by

Similar wording

14 feet three inch section of our breezeway again increasing a non-conformity here

Similar wording

and then the floor plans are pretty basic you know living room dining room kitchen but you see

Similar wording

this is where our kitchen is our kitchen is in the rear and if we didn't have that part of

Similar wording

the breezeway filled in it would it would just make it a not not a functional floor plan uh on

Similar wording

the first floor in the rear and the same thing with the second floor we have a bedroom in the

Similar wording

front a bedroom in the back bathroom washer and dryer if we didn't fill in this breezeway we

Similar wording

wouldn't have a really a very large bedroom to say the least uh and then the basement is just

Similar wording

for storage for my clients again they're not a developer they're just looking to live there

Similar wording

themselves. This is our meeting notice. April 19, 2023, we met with the community, 180 addresses,

Similar wording

notified addresses, proof of mailing to those addresses, our applications were appeal that I

Similar wording

filed on behalf of my clients, the original notice of refusal along with the project information form,

Similar wording

our deeds of property showing that my clients own the property, and our certificate.

Similar wording

our deeds to the property showing that my client's paying the property

Similar wording

and our certificate of tax claims they actually overpay taxes um so with that being said i would

Similar wording

ask that miss palm virtually raise her hands to be sworn in hi could you state your name

Similar wording

please and spell for the court reporter hi my name is stephanie fam last name p-h-a-m right

Similar wording

do you swear or affirm to tell the truth the whole truth and nothing but the truth yes i do

Similar wording

Proceed, counsel.

Similar wording

Yes, Stephanie, you heard everything I had to state about your eximony matter, right?

Similar wording