civus
Hearing video

ZBA Hearing - May 4, 2022

Philadelphia Zoning Board of Adjustment (ZBA)May 4, 20225h 13m

number of large projects going in here. So we attempted to scale down. I think this project

Similar wording

gives you a good idea. These are the homes across the street on West Pollard. This is an apartment.

Similar wording

Both of those are taller than our buildings. And these are the other single family homes here

Similar wording

along West Allen. Notably, there are homes that are our height. There are homes in the middle

Similar wording

that are shorter than us. And actually, every home that is shorter than us on West Allen Street

Similar wording

signed that letter of petition that was submitted so that we do have support of everyone from that

Similar wording

end. This project, it's highlighted in purple, but it should be read CMX2 for the entire project.

Similar wording

so we did receive a number of refusals and i will go through them quickly the first one being that

Similar wording

for any cmx2 project you have to have 100 of your street frontage must have commercial use for the

Similar wording

first 30 feet in depth we are not providing commercial use on most of the project however

Similar wording

part of the support from NLNA required some corner use of commercial at the corner of Germantown and

Similar wording

West Allen. And I will point that out where we added that instead of just a single family house

Similar wording

there. This second refusal, while not incorrect, is actually premature. It says the proposed

Similar wording

parking is not accessed from a shared driveway alley or rear street this project will be a

Similar wording

planned unit development so while it is not yet a planned unit development because that has not

Similar wording

been recorded and cannot be recorded until after this board approves the variance this refusal

Similar wording

would go away because we would have a shared driveway servicing all 20 homes and so in that

Similar wording

instance, you would actually have a shared driveway. We also received refusals for where

Similar wording

required to have electric vehicle parking spaces and handicap accessible spaces. As I will show,

Similar wording

every single house has, every single house will have an EV charger placed into it. That's not

Similar wording

shown now, but it is part of the development plan. Each home proposed of the 20, 19 of the 20 homes

Similar wording

proposed. We'll have two-car parking, and each house is individually ADA accessible with an

Similar wording

elevator, and therefore every single home has the ability to have an ADA accessible or van

Similar wording

accessible space in its garage should that need arise. Then we have maximum height allowed is 38

Similar wording

feet. We do go up to 45 feet. However, what we've done with the community, and I'll show you

Similar wording

in these renderings, with NLNA is we actually squeezed the height on every block frontage

Similar wording

in working with NLNA to get their support. The reason why we go up is down here on West,

Similar wording

this is West Allen and this is Germantown. Down here on West Allen is the access, two-way access

Similar wording

to underground parking. The addition of underground parking based on the site and everything actually

Similar wording

pushes the whole property up. So we actually need that extra height in order to provide the

Similar wording

underground parking, which of course everyone knows the tenor of parking in this neighborhood

Similar wording

and in the city in general. We had resounding support for the implementation of sufficient

Similar wording

underground parking. That should be noted and it's specifically laid out in the revised plans

Similar wording

that we are actually on West Allen Street here. We are not exceeding 42.83 feet so we actually

Similar wording

shaved off about three feet of height on this street frontage. Each there's significant

Similar wording

topography changes all up and down West Allen and Germantown and so each house is individually

Similar wording

no taller than that 42.83 feet and in general is even shorter than that. Along Germantown

Similar wording

is, is even shorter than that. Along Germantown, there was no issue. All of the buildings near us

Similar wording

there was no issue.

Similar wording

and across the street were actually taller than us. So we did remain not to exceed 45 feet. Again,

Similar wording

each house is different. And then along Pollard Street, we're actually even just a little bit

Similar wording

lower at 42.042 feet. And I just call that out specifically because I know NLNA really keyed on

Similar wording

height and wanted us to make sure that that we limited that height. This corner right here is

Similar wording

where the commercial space will be. That will be a vacant commercial space to be filled in later.

Similar wording

What you see here is kind of a public access along this corner. You saw that this is a triangular

Similar wording

shaped parcel kind of awkwardly shaped so the triangular corner is carved out for public use.

Similar wording

One of the special aspects of this project, and certainly noticed by CDR, was the amount of public access space.

Similar wording

So these stairs would go up to the commercial space, but this whole area is public access and for public use.

Similar wording

And actually, so is this whole interior section.

Similar wording

So there's a full walking zone.

Similar wording

This is all right above the underground parking.

Similar wording

So over the underground parking is essentially all public walking zone. We have these large kind

Similar wording

of pedestal stairs going up into it. On the other side there's an ADA ramp for everyone to be able

Similar wording

to go ahead and walk. So here's the ADA accessibility. This is the ramp going down.

Similar wording

It's actually at the lowest point so that we could minimize the height and did everything

Similar wording

we could with the community to minimize that height for them and they were very happy with that.

Similar wording

So again, here's just a rendering of the interior. This is all public space, will be landscaped and established for public use and public walking.

Similar wording

And I think I just have one more kind of a nighttime scene.

Similar wording

so um you know not to uh not to belabor any issues and certainly we have uh you know overwhelming

Similar wording

support for the project um you know for a hardship or for a variance we need to show hardship uh that

Similar wording

it's not detrimental to the health safety and welfare and that it's the least minimum variance

Similar wording

i think i've already explained why we need that extra height and why that's the least variance

Similar wording

that we need in order to add that underground parking. Again, this is a changing neighborhood,

Similar wording

but we are trying to put in these townhomes, which will buffer the existing townhomes that

Similar wording

are across the street from us. We have EV chargers in every home. And it was specifically

Similar wording

noted by the Planning Commission yesterday at CDR that this project will be beneficial to

Similar wording

the individual neighbors. Now, the last piece of hardship that you see is we do have that one

Similar wording

refusal for CMX2 use. This is the one corner, right, where we added commercial use of the

Similar wording

community, thought it appropriate. Everything becomes residential as you go sort of east from

Similar wording

this project and this direction to the west, and north is more commercial. So that's where the

Similar wording

commercial space is. It was also presented to the community that essentially what you see here,

Similar wording

these three fingers right here and this large box have also been purchased by or will be purchased

Similar wording

by the same buyer but from a different seller. This piece will be consolidated with this larger

Similar wording

piece. When that is done, all of the project will be subject to the RSA 5 single-family

Similar wording

residential zoning, and therefore that would certainly take away the commercial impacts.

Similar wording

So with that, I'm happy to answer any questions that you may have or just have my

Similar wording

clients adopt my testimony. Why don't you have your client adopt a testimony, Mr. Whelman?

Similar wording

Certainly. Ori Feibush should be on the call.

Similar wording

Mr. Feibush, please unmute yourself and wait for the chair.

Similar wording

Mr. Feibush, could you state your name and spell it for the court reporter, please?

Similar wording

Yes, sir. Ori Feibush, first name O-R-I, last name F as in Frank, E-I-B-U-S-H.

Similar wording

Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Proceed.

Similar wording

All right.

Similar wording

Thank you very much.

Similar wording

Mr. Feibusch, you are here on behalf of 1031 Germantown Avenue OCF LLC, correct?

Similar wording

Yes, sir.

Similar wording

And that's the equitable owner of the property?

Similar wording

Yes, that's correct.

Similar wording

Okay.

Similar wording

And you heard all of the testimony already presented in this case, correct?

Similar wording

And you heard all of the testimony already presented in this case, correct?

Similar wording

Yes.

Similar wording

Yes.

Similar wording

And do you believe it to be true and correct to the best of your knowledge, information, and belief?

Similar wording

I do.

Similar wording

And would you adopt it as your own?

Similar wording

I would.

Similar wording

Is there anything additional, not to be duplicative, but additional that you believe is relevant for this board to hear?

Similar wording

Not unless the board has specific questions for me.

Similar wording

Certainly. With that board, I would just offer Mr. Feibusch for any questions that you may have.

Similar wording

all right questions from the board no mr chairman no mr chairman no mr chair question or comments

Similar wording

from the virtual audience

Similar wording

here i see no heads at this time planning commission good afternoon mr chairman david

Similar wording

fecto city planning commission mr chairman members of the board this proposal completed

Similar wording

CIVIC DESIGN REVIEW IN MAY 2022, THE CIVIC DESIGN REVIEW COMMITTEE'S ADVISORY RECOMMENDATIONS

Similar wording

ARE NOT AN EXPRESSION OF THE CITY PLANNING COMMISSION'S RECOMMENDATION OR OPINION REGARDING

Similar wording

ZONING VARIANCES, SPECIAL EXCEPTIONS OR OTHER DISCRETIONARY APPROVALS ASSOCIATED WITH

Similar wording

THIS PROPOSAL. THIS PROPERTY'S ZONING WAS CHANGED TO COMMERCIAL MIXED USE 2 AND A NEIGHBORHOOD

Similar wording

ZONING MAP CHANGE IN 2014. THE PROPOSAL DOES NOT REFLECT THE MINIMUM VARIANCES NEEDED

Similar wording

to allow the applicant to derive value from the land the applicant has failed to prove that a

Similar wording

hardship exists that will prevent the property from being used in conformance with the zoning

Similar wording

code the city planning commission recommends the board deny the use in dimensional variances

Similar wording

thank you um council is there your revised plans how many pages uh board it is uh one page proviso

Similar wording

with proviso form one page

Similar wording

zoning plan, revised

Similar wording

plan. Thank you.

Similar wording

MI

Similar wording

2022

Similar wording

000651

Similar wording

1031 Germantown Avenue.

Similar wording

I vote yes with

Similar wording

revised plan one page.

Similar wording

Stamp rate

Similar wording

2022.

Similar wording

Carol Tenere, my vote is yes

Similar wording

with provisos.

Similar wording

Thomas Holloman, my vote is no.

Similar wording

James Snell, my vote is yes.

Similar wording

We'll provide those.

Similar wording

My vote is yes.

Similar wording

We'll provide those.

Similar wording

Thank you, Mr. Whalen.

Similar wording

All right.

Similar wording

Thank you very much.

Similar wording

I hope you have a great day.

Similar wording

Okay.

Similar wording

You too.

Similar wording

MI 2022.

Similar wording

005028, 224-30 West Topahokin Street.

Similar wording

attorney steve masters michael phillips leonard reuter

Similar wording

they're all coming back in this panelist chair thank you

Similar wording

mr masters spell your name for the court reporter please state it spell your name please

Similar wording

Good afternoon, Mr. Chair, members of the board.

Similar wording

My name is Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S, from the law firm of JustLaws.

Similar wording

I'm here on behalf of the objectors who filed an appeal against the Department of License and Inspections.

Similar wording

Thank you.

Similar wording

Mr. Reuter, could you state your name and spell for the court reporter?

Similar wording

Thank you.

Similar wording

may it please the board, Leonard F. Reuter, R-E-U-T-E-R.

Similar wording

First name is L-E-O-N-A-R-D, Senior Attorney

Similar wording

for the City of Philadelphia. Right. And Mr. Phillips, could you

Similar wording

do the same? Sure. Michael Phillips, P-H-I-L-L-I-P-S

Similar wording

with Claire Harrison Harvey Bransburg, 1835 Market Street,

Similar wording

Suite 1400, Philadelphia PA 19103.

Similar wording

Here on behalf of the property owner, Topohokin Mansion, LLC.

Similar wording

Okay, for all three, do you swear for them to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yeah, I do.

Similar wording

So, I think we want to start to see where we stand.

Similar wording

So, Mr. Masters, we'll start with you.

Similar wording

Give me a sense of where this process is.

Similar wording

Sure, Mr. Chair, we are here to present our appeal against L&I.

Similar wording

we're focusing on some narrow issues that we've outlined in our response to the motion to limit

Similar wording

evidence and exclude irrelevant testimony that Mr. Bilby's counsel filed. And we are prepared to

Similar wording

proceed with the appeal before you today. Mr. Phillips, could you give me a sense of where

Similar wording

you are? Certainly. Right now, as detailed in my letter objecting to the evidence that was

Similar wording

proposed by Mr. Masters. We're here on one very narrow issue, whether or not the zoning permit that

Similar wording

Whether or not the zoning permit that was issued in the revised plan comply with the Commonwealth Court's order, which was to eliminate the parking on Pastorius and no additional curb cuts.

Similar wording

Those are the two issues.

Similar wording

One, there's no contention that there is any parking proposed in the zoning plan.

Similar wording

So this all becomes a matter of the language, no additional curb cuts.

Similar wording

and there's an existing driveway that's been there. It's not subject of the appeal.

Similar wording

And as we sit here today, there is one means of access to that driveway through a curb cut.

Similar wording

Now, there were additional curb cuts that were made during the period of time when the provisos

Similar wording

were not in effect. There are barriers up, blocking those. That's an enforcement issue

Similar wording

with L&I, as I'm sure Mr. Reuter will note. And we presently have a zoning application in right now

Similar wording

for the legalization of these parking spaces and to speak to the changes that have taken place over

Similar wording

the last five years in the neighborhood that we believe necessitates the hardship in legalizing

Similar wording

these parking spaces. It is our contention that the parking spaces are not part of the plan.

Similar wording

They're not permitted to be used right now. And for that reason, we will need relief from the

Similar wording

zoning board. So the sole matter that we're here for today is the location of the one curb cut

Similar wording

that provides ingress and egress to the property. There were two curb cuts at the time of the

Similar wording

application. There's one curb cut right now. Therefore, there's no additional curb cuts.

Similar wording

And this really just becomes a matter of enforcement. And this can all be gleaned from

Similar wording

the plan. And this is legal argument. There really is no need for testimony of fact witnesses as to

Similar wording

what the plan holds and whether it complies with the provisors that were reinstated by the

Similar wording

Commonwealth Court. I'm sorry, Mr. Chair. Just one minute. Mr. Reuter, could you give me a sense

Similar wording

of where you think we are? Sure. Generally, we agree with Mr. Phillips' rendition of what's

Similar wording

happening here uh we do believe that uh and we agree that the parking spaces that have curb cuts

Similar wording

along pastorius uh not the not the what we'll just call in shorthand the driveway but the the

Similar wording

parking spaces uh that as a result of the commonwealth court's opinion those are not lawful

Similar wording

i mean he says they have barricades i don't myself know that although i do have a couple

Similar wording

witnesses here that maybe could talk to that um so we we agree that those are in violation we don't

Similar wording

we don't have any disagreement with um uh mr master's clients about those spaces uh that is

Similar wording

our understanding and based upon what i get from the department of licenses and inspections is that

Similar wording

those are not currently being used for parking so i mean technically they can be you know you can

Similar wording

pave your front yard uh in some at least at this location there wouldn't be a prohibition on that

Similar wording

But the curb cuts will either have to be removed or legalized, which sounds like Mr. Phillips' client is going to attempt to legalize that, meaning this matter is going to go on for another seven years.

Similar wording

But that's a whole other issue.

Similar wording