civus
Hearing video

ZBA Hearing - January 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 11, 20233h 53m

Okay, proceed. Yes.

Similar wording

Our organization

Similar wording

respectfully requests that

Similar wording

the letter that we emailed early this morning endorsing the project under review now sent by

Similar wording

email being inserted in the record. We also want to mention that our co-chair who also signed up

Similar wording

to speak, Mr. Timur Cameron is going to briefly make some remarks. And we also want to mention

Similar wording

that we hope that the community benefits agreement that has been drafted will be signed

Similar wording

as soon as possible since we are endorsing the project

Similar wording

with the provisal that that agreement is executed.

Similar wording

Thank you very much.

Similar wording

Thank you for calling in.

Similar wording

Who else do we have in the audience to testify?

Similar wording

Two more, Cameron.

Similar wording

I've got him to speak.

Similar wording

Okay.

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Hi, yes.

Similar wording

My name is Timur Kamran, spelled T-I-M-O-U-R-K-A-M-R-A-N.

Similar wording

You swear or affirm to tell the truth, the whole truth, nothing but the truth.

Similar wording

I do.

Similar wording

Proceed, sir.

Similar wording

Okay. Yes, I'm representing the RCO Norris Square Community Action Network, which is affected by this project.

Similar wording

I'd just like to state for the record that our support, as my co-chair Nilda Pimentel just said, is based on the following conditions, which I believe are in the CBA agreement that is yet to be executed.

Similar wording

And these conditions are establishing hiring and contracting targets for laborers, licensed construction workers, and local and minority subcontractors, all at a 30% minimum, and hiring qualified community members for 100% available permanent positions after construction is complete.

Similar wording

Next, establishing a committee composed of representatives from the RCO to ensure that hiring targets are met, address any issues that may arise throughout the construction phase, and monitor progress and compliance.

Similar wording

Next, that assurances to reserve the ground floor for commercial retail should a change in use for the property is proposed within a period of 10 years.

Similar wording

Next, language providing a mediation mechanism in the event of a stalemate occurring in the future.

Similar wording

Next, a commitment.

Similar wording

Sorry, two more.

Similar wording

I, so we don't have to hear the whole thing. We understand it. What we're going to do is

Similar wording

So we don't have to hear the whole thing.

Similar wording

We understand it.

Similar wording

we're going to continue this for a vote until we have a letter from the RCOs and the council person

Similar wording

and how you work that out among the corporation and yourself will be the agreement you two have.

Similar wording

Okay. Yeah, sounds good. Just essentially, I'd like to report what's.

Similar wording

No, we understand. We understand. But, you know, the CBAs will be between the two of you and, and I say the two of you, the community and the corporation. Okay. Okay. Anyone else?

Similar wording

No further answer, Mr. Chair.

Similar wording

Planning commission. Do you, did you run, Ron, you already gave me your position, right?

Similar wording

right he did he did okay so the record's closed except for letters from the rcos and the council

Similar wording

person council is that okay would i be able to send a letter to just to to explain once we get

Similar wording

the signature sure sure okay i want to be able to be at the party too you're part of the party i

Similar wording

promise okay all right thank you we appreciate it thank you so much okay all right number

Similar wording

Number six, MI 2022, 004-894-1402 Ellsworth Street.

Similar wording

Alan Notkinson is the attorney.

Similar wording

A letter of support from Point Breeze Community Development Corporation.

Similar wording

mr knockamson uh yes hi good afternoon had a hard time getting you in earlier

Similar wording

i i know i i had some technical issues so i actually literally ran home

Similar wording

that's why i'm not even dressed the way i usually am i'm like what

Similar wording

could you state your name and spell for the court reporter please uh yes alan a-l-a-n

Similar wording

Last name, Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia

Similar wording

PA, 19109.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your clients and their relationship to the property?

Similar wording

Yes.

Similar wording

There are two corporate entities that I'm representing that are joint property owners,

Similar wording

IRA Development, LLC, and Mid-Cost Enterprises, LLC.

Similar wording

and in the virtual audience should be if he and she q as a who's a corporate representative

Similar wording

and mr hallman has just a few questions good afternoon council do you agree to waive the

Similar wording

reading of the refusal and stipulate to his accuracy i do did you email all of the exhibits

Similar wording

and documents required five days in advance to this hearing oh yes i did thank you please proceed

Similar wording

and share your screen all right thank you

Similar wording

uh first of all happy new year to the board and to the virtual audience

Similar wording

um my name is alan i'm here to present 1402 ellsworth street

Similar wording

uh in your presentation packet we'll first review the notice of refusal

Similar wording

Second, we'll then review the letter of support from the Point Breeze CDC.

Similar wording

Then we'll review a document that we created based on the public record of nearby properties with minimal or no rear yard setback.

Similar wording

That's one of our refusals that we have to address as part of our presentation.

Similar wording

Maps of the area, photographs of the property, our plans and drawings, our RCO meeting notice,

Similar wording

And our application for appeal that we filed with the ZBA, our deed to the property, showing that IRA Development LLC and Meek Coast Enterprises LLC are the owners of the property and our Certificate of Tax Clearance.

Similar wording

Again, in the virtual audience should be Mr. Eze. At the conclusion of my presentation, I would ask that he would virtually raise his hand, that he'd be sworn in, and then he can adopt my testimony as his own, and then we'll be more than happy to take any questions from the board.

Similar wording

First is our notice refusal.

Similar wording

This is an RSA 5 property.

Similar wording

What we're looking to do is subdivide this lot into two.

Similar wording

And we have two refusals.

Similar wording

First thing I'm going to state is this property has already been built.

Similar wording

This is a two-unit condominium building.

Similar wording

It's at a corner where one of the units, they're both essentially, if you look at it, for all intents and purposes, single-family homes.

Similar wording

One unit faces one public street.

Similar wording

another unit faces the other public street instead of making it into a two-unit condominium

Similar wording

Instead of making it into a two-unit condominium, there are two sets of unit owners that just want to own their properties separately.

Similar wording

there are two sets of unit

Similar wording

So it's just a different form of legal ownership.

Similar wording

Instead of a condominium structure, we just want to do a fee simple.

Similar wording

It's really form over substance.

Similar wording

We're not changing anything.

Similar wording

So this is not conceptually, oh, we would like to build this.

Similar wording

This has already been built.

Similar wording

And then the unit owners, the two corporate entities, would like to each own one of the building structures essentially separately.

Similar wording

So we have two refusals.

Similar wording

First refusal is the minimum required lot area.

Similar wording

Again, we're not changing anything physically regarding this project.

Similar wording

It's just some technical zoning variance requests.

Similar wording

The second one is the required rear yard depth.

Similar wording

Again, because of how the building has been structured, which has been built legally, we're asking just to change the form of the structure from a condominium to a fee-simple structure.

Similar wording

So, again, even though we have these two technical refusals, nothing has really changed over the course of since this property has been, the building structure has been erected.

Similar wording

So, I think that's why we had, you know, overwhelmingly support from, you know, Point Breeze CDC.

Similar wording

We're not changing anything here. And at a well-attended meeting, we received Oklahoma support from the Point Breeze CDC, which is the coordinating RCO.

Similar wording

And then just to address, you know, again, about the fact about the rear yard issue, the fact that we don't have any, you know, we decided to just, again, precautionary manner, in a precautionary manner, address this, and we looked at nearby properties.

Similar wording

Here's our property, and here's all the properties in close proximity, which would run afoul of the zoning code in terms of the rear yard setback.

Similar wording

And that would be 19 properties within like a three block radius.

Similar wording

And then here are maps of the area.

Similar wording

Again, we're at the corner of Ellsworth and Broad Street.

Similar wording

Again, we're a corner property, and we're just looking to legalize this fee simple structure as opposed to the condominium structure.

Similar wording

Photographs of the property.

Similar wording

As you can see, this is from Ellsworth Street.

Similar wording

It looks like a single-family structure.

Similar wording

You know, it's a two-unit condominium, but it has its own separate entrance like you would see at any Philadelphia row home in this part of Philadelphia.

Similar wording

And I did say it was Broad Street.

Similar wording

It's actually South Carlisle Street.

Similar wording

That's the one structure that faces Ellsworth. This is the other structure that faces Carlisle Street. And again, it's his own building structure.

Similar wording

So again, if you walk by this property, it would seem like these are two single family homes.

Similar wording

And that's all we're trying to do by creating this through a subdivision.

Similar wording

And then here's just proof of our Orange Notice posters. We did it on one on Ellsworth, a poster, and one on Carlisle.

Similar wording

And then this is Ellsworth Street to the right of the property. Ellsworth Street to the left of the property. South Carlisle Street to the right of the property. South Carlisle Street to the left of the property. This is a single family neighborhood, and that's all we're trying to do by way of this zoning request.

Similar wording

And then here are our plans and drawings. This is just, again, from a technical standpoint, our survey showing the subdivision of these properties. But again, the building structures are not changing in any way. It's just a legal technicality that we're dealing with by subdividing it and applying that subdivision to the Philadelphia Zoning Code where we're getting technical refusals, even though this is a legal building structure.

Similar wording

and then you know then again this is just our architectural plans and drawings this was

Similar wording

submitted as you can see uh to uh the city by way of these stamps have been approved

Similar wording

but the buildings have already been built and then there's just an elevation just wanted to

Similar wording

show you that this has been approved and vetted by the city already and then this is just our

Similar wording

floor plans. Again, two single families going straight up rather than side to side. Again,

Similar wording

this way we can subdivide these properties and they can be considered single-family dwellings

Similar wording

rather than through a two-unit condominium regime. And then our RCO meeting notice. We had a very

Similar wording

well-attended meeting on November 28, 2022. It was sent to 577 addresses, proof of mailing to

Similar wording

those addresses, the addresses that we sent them to.

Similar wording

Our application for appeal that we filed to the CBA, one with the nois refusal and the

Similar wording

along with the notice of refusal, and the project information form, our deed to the property, showing the IRA development, and the cost of enterprises are the owners of the property.

Similar wording

project information form, our

Similar wording

And our certificate of tax clearance. It is showing a balance of $1,984.64, and the reason is, is that's just for 2023 taxes, which are not due until the first quarter of the year concludes.

Similar wording

With that being said, I'm going to stop sharing my screen.

Similar wording

I'm going to ask that Mr. Eze virtually raise his hand, and he can be sworn in.

Similar wording

I'm allowed to speak, sir.

Similar wording

Could you state your name and spell it, please, for the court reporter?

Similar wording

Yes, it's Ifai Chukueza, spelled I-F-E-A-N-Y-I-C-H-U-K-W-U, last name E-Z-E.

Similar wording

right do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes proceed counsel uh yes mr essay you heard everything i had to say today about

Similar wording

yes is it true and correct yes it is and do you adopt his own testimony yes i do thank you

Similar wording

i only have the other owner you want to bring on oh no he's he's a representative for both

Similar wording

okay all right questions from the board no mr chairman no mr chairman no mr chairman questions

Similar wording

or comments from the virtual audience do not see any further hands mr planning commission

Similar wording

sir ron bednar city planning property is indicated for residential on the city plan we have no

Similar wording

objection granny of the beards thank you mi2022 004-894-1402 ellsworth street i vote yes

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shahid, my vote is yes.

Similar wording

Thank you, Mr. Nockamson.

Similar wording

Thank you.

Similar wording

Number eight, MI 2022-004-921-1031 Germantown Avenue.

Similar wording

Sean Whalen is the attorney.

Similar wording

we're waiting for we're still waiting for letter support from northern liberties

Similar wording

neighbors am i right hillary uh mr chair we did receive a letter of support from northern liberty

Similar wording

okay as well as a letter of non-opposition from council member scrilla okay a petition of support

Similar wording

signs by about 13 near neighbors. All right, great. Thank you. Appreciate it.

Similar wording

Mr. Whalen? Good. Hi. Good afternoon, Shannon,

Similar wording

Bergen and board members. This is Sean Whalen, W-H-A-L-E-N, from Vintage Law, here on behalf

Similar wording

of 1031 Germantown Avenue OCF LLC and Pollard Allen OCF LLC, the developers and owners of the

Similar wording

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

Similar wording

Yes, I do. Mr. Heilman has a couple quick questions. Good afternoon, counsel. Do you agree

Similar wording

to waive the reading of the refusal and stipulate to his accuracy? Yes, I do. Did you email

Similar wording

all of the exhibits and documents as required five days in advance to this hearing

Similar wording

yes i did thank you please proceed and share your screen

Similar wording

so as i said i'm here on behalf of the owner and developer for 1031 germantown avenue

Similar wording

hopefully you're all viewing the screen right now this is a rendering of the project

Similar wording

This address may sound familiar and this project may look very familiar to you.

Similar wording

We are proceeding today with phase two, which we presented to the board in concept back in May when you approved phase one.

Similar wording

So essentially all we're doing is building on additional land adjacent to phase one.

Similar wording

We're building the same project. So phase one stopped right here.

Similar wording

You can see the drive aisle. We still have only one curb cut and one drive aisle, but we're just continuing the row of townhomes down along. This is West Allen Street coming off of Germantown Avenue over by the Piazza and just on the opposite side of Pollard.

Similar wording

There is a church at the end of the block here that is not subject to this application and is not involved in any way as a phase three or anything of the sort.

Similar wording

So, again, just to remind you, here's looking on Pollard Street now.

Similar wording

Again, we're just continuing the row of townhomes down to where the church rectory.

Similar wording

Again, we're just continuing the row of townhomes down to where the Church Rectory building is.

Similar wording

This is the interior courtyard that you previously saw.

Similar wording

So we have that single drive aisle goes down to an underground shared driveway for garage parking for each of the townhomes.

Similar wording

And then there is this publicly accessible and ADA accessible internal sort of garden area and pathway for everyone to utilize.

Similar wording

You can see the same thing at night. And again, here's this is where the project stopped again and you can see where we were going.

Similar wording

So as Miss Emerson already stated, we went before Northern Liberties Neighbors Association even more so than we did before the board in May.

Similar wording

We started working with NLNA on the full project, Phase 1 and Phase 2, well back in the beginning

Similar wording

of 2022 and early spring of 2022.

Similar wording

They fully supported.

Similar wording

We actually had multiple meetings and a number of revisions to Phase 1.

Similar wording

You may recall as I walked through those.

Similar wording

And Phase 2, we basically kept all of the revisions and all of the changes that NLNA

Similar wording

wanted.

Similar wording

so they were very happy to see what was coming before them and fully supported

Similar wording

this project phase two of this project i should say

Similar wording

councilman mark squilla in line with nlna's support did provide a letter of non-opposition

Similar wording

again similarly to the phase one of this project

Similar wording

As Ms. Emerson also referenced, we have about 15 individual property owners. You can see right along West Allen Street immediately across from, so this is previously the site of the Vesper Day Club, the pool, a bit of a problem business for the neighborhood.

Similar wording

We're building the townhomes all along this West Allen frontage.

Similar wording

So we went to each of the homes across the street and made sure that they were in support.

Similar wording

And we did the same thing along Pollard to make sure that they were in support.

Similar wording

So again, what you can see is phase one.

Similar wording

Here was this large triangular piece.

Similar wording

Phase two is these two rectangular pieces fronting on West Allen and this square fronting along Pollard.

Similar wording

So, as you can see, this is just gives you an indication of the extent of the development large development all around us. However, this is almost a an equal blend of single family row homes and large apartment buildings and industrial.

Similar wording

So it's really a mixed use area.

Similar wording

So again, just be clear and what leads to most of the refusals that you'll see before you or if you already looked at them.

Similar wording

Phase one was entirely CMX2.

Similar wording

So it was a commercial.

Similar wording