civus
Hearing video

ZBA Hearing - July 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 13, 20225h 14m

All right, thank you.

Similar wording

Rachel?

Similar wording

she's coming back in as a panelist now chair

Similar wording

good afternoon chairman members of the board hi could you state your name please and spell

Similar wording

for the court reporter sure it's rachel r-a-c-h-a-e-l princeker

Similar wording

P-R-I-T-Z-K-E-R, 1521 Locust Street, Suite 605, Philadelphia, PA, 19102.

Similar wording

All right.

Similar wording

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

Similar wording

Yes.

Similar wording

Could you identify your client and the relationship to the property?

Similar wording

Sure.

Similar wording

So my client is BBG Property Group, LLC.

Similar wording

One of the principals, Justin Beese, is here today, and they are the equitable owners of 2055 and 57 Rush Street, which we are in the process of acquiring from the Philadelphia Land Bank.

Similar wording

Thank you. Our vice chair has a few questions.

Similar wording

Thank you. Our Vice Chair has a few questions.

Similar wording

Hi, Rachel. Do you swear for him to tell the whole truth and nothing but the truth you were just born in?

Similar wording

Hi, Rachel.

Similar wording

Well, I wanted to do it again.

Similar wording

Yeah, I don't know why.

Similar wording

That's fine.

Similar wording

That's fine.

Similar wording

Just to be sure, yes.

Similar wording

Yeah, just to be sure.

Similar wording

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

Similar wording

Yes.

Similar wording

Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this meeting, and have you met with the RCO, and do you have a letter?

Similar wording

Yes.

Similar wording

Okay, you may proceed, and please share your screen.

Similar wording

Great.

Similar wording

Sorry about that double swearing in.

Similar wording

That's okay. I'll go with it.

Similar wording

Okay.

Similar wording

you see my screen yes yes okay uh so this is 2055 and 2057 east rush street we're going to do them

Similar wording

together they propose exactly the same thing um these properties um are in the process of being

Similar wording

fully acquired by the philadelphia from the philadelphia land bank this process started back

Similar wording

in April of 2021. As the board may know, in order to acquire through a non-competitive

Similar wording

bid with the Philadelphia Land Bank, the applicant is required to provide 51% of the units as

Similar wording

affordable and 49% market rate to help mitigate the city's affordable housing crisis. Both

Similar wording

of these properties are zoned RSA 5. However, as you can see on my screen, they are quite

Similar wording

large lots. They're also in the middle of the block, and more importantly, as part of our

Similar wording

application to meet the city's requirements of the 51% affordability. We are using both of these

Similar wording

lots as instead of market rate single-family homes, they are market rate duplexes that will

Similar wording

be provided for homeownership. This is something that is important to help subsidize the affordable

Similar wording

portion. These projects are not just by themselves in a vacuum. They are in a package of 26 parcels

Similar wording

in the Port Richmond area of the city. And this is something that has been supported by both the

Similar wording

land bank through the process and awarding these properties to us through the submission process

Similar wording

and also with support from the council office, which is Councilman Mark Squilla. In order to,

Similar wording

again, meet the city's requirements for the 51% affordable, we had to provide market rate housing

Similar wording

to help subsidize that in order to kind of help provide additional market rate housing and home

Similar wording

ownership. It was decided that these two properties, given the market conditions in this neighborhood

Similar wording

and the need for more affordability, even around the market rate product, that these two properties

Similar wording

would be selected to work through that process. The only variance that we are requesting in order to

Similar wording

comply with the requirements of the 51%, 49% affordability components are just for

Similar wording

multifamily household living. Again, each lot will have two condo units as opposed to just

Similar wording

one single family home on each lot. They're identical in that way. Again, these are part

Similar wording

of sort of a larger 26 parcel package to support the goals and requirements from the land bank

Similar wording

and just want to move through the processes in order to make that happen.

Similar wording

The rest of the projects, the 26 other properties, are all compliant with the code

Similar wording

and are not requesting any variances.

Similar wording

However, support various levels of affordability and homeownership.

Similar wording

On the screen, you'll see the letter that is from the Philadelphia Land Bank

Similar wording

from their executive director, Angel Rodriguez, stating our ability to work through the process,

Similar wording

giving us sort of equitable ownership, and I believe additional documentation earlier today

Similar wording

was provided to the Zoning Board of Adjustments attorney, Hillary Emerson, if the board has a chance

Similar wording

to review that. Additionally, as you can see, the whole block, all these blocks are zoned single

Similar wording

family, given market conditions and ground up new construction. We wanted to make sure that even

Similar wording

though we're providing market rate to help subsidize the larger package that we're trying

Similar wording

to include as much affordability even within the market rate as humanly possible, as to

Similar wording

why we're providing two condos on each site. These have been longstanding vacant lots,

Similar wording

and there is some new construction adjacent to it, but would not help provide the level

Similar wording

of affordability to help subsidize the 51 units that is required through this program.

Similar wording

These are the zoning posters that we posted on the property. You can see from this photos

Similar wording

You can see from this photo is the new construction adjacent to us.

Similar wording

then new construction adjacent to us and again

Similar wording

And again, the only variances we're requesting are just for use for duplexes.

Similar wording

The lots are large enough to be able to support duplexes by right if they were zoned RM1,

Similar wording

so it is not an overuse of the property.

Similar wording

The dimensions are such that if it was zoned for RM1, we would be in compliance with the code.

Similar wording

No dimensional variances are being requested.

Similar wording

We met with the community, which was the Somerset Neighbors for a Better Living back in May of 2022. Although they did provide a letter not to supporting our project, they did not state the reasons behind it, and they did not provide a meeting summary to show what the results of the vote was.

Similar wording

We were kicked out of that portion of the meeting, so I'm not even sure what the vote was.

Similar wording

And we have tried many times to re-meet with them.

Similar wording

There's a text chain from one of the owners where we were actually going to be allowed to present again.

Similar wording

We had spoken with the council office and let them know that most of the concerns at the meeting were related to just them not understanding the land bank process and the larger scope that these two properties fall within.

Similar wording

the council office even offered the councilman himself even offered to go to that meeting just

Similar wording

to provide any information to share about the land bank process but the community group although

Similar wording

saying they would meet with us again they eventually declined meeting with us again

Similar wording

and again all we have is just a letter saying they don't support it with not much more detail than

Similar wording

that I will say despite not being able to meet with them again we did make revisions to the

Similar wording

project mostly around aesthetics which is what they were um focused on wanting brick facades

Similar wording

certain color brick facade more traditional windows and things of that nature which we

Similar wording

decided to incorporate into the project either way um it's worth noting again that uh the

Similar wording

councilman um is aware of this project uh specifically in his letter he writes that

Similar wording

these are being uh purchased as part of a broader development um for 51 affordable and 49 market

Similar wording

rate throughout port richmond and south philly we met with the community and coordinating rcos

Similar wording

and even though they have a letter of non-support uh the councilman did mention that this development

Similar wording

will bring 20 affordable units to the city out of the 27 lots being purchased which is more than

Similar wording

obviously the 51 that were required total project has been the works for almost two years has been

Similar wording

changed by the developers to include more home ownership and affordability than required is

Similar wording

because of this that the councilman is going to leave the respectfully leave the vote to

Similar wording

chairman and members of the board. We have all the mailing requirements for the letters and I'm happy

Similar wording

to pull up the plans. I'm hoping our architect is on the call but I'm happy to try and pull the

Similar wording

plans up and go through them if the board would like. Other than that I just would like to see

Similar wording

if Justin Veazey is available to adopt my testimony and then happy to answer any questions

Similar wording

that you may have.

Similar wording

Mr. Veazey?

Similar wording

Mr. Veazey?

Similar wording

Mr. Veazey, you can unmute yourself or wait for the chair, please.

Similar wording

Hi, Mr. Veazey. Could you state your name and spell for the court reporter, please?

Similar wording

Justin Veazey. J-U-S-T-I-N-V-E-A-S-E-Y.

Similar wording

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

Similar wording

Hello?

Similar wording

Yes.

Similar wording

Okay, thank you. Proceed, counsel.

Similar wording

Justin, have you heard the testimony I gave today in front of the board? Do you adopt

Similar wording

it as your own and do you believe it to be true and accurate?

Similar wording

Yes, I do. Thank you. Questions from the board?

Similar wording

No, Mr. Chairman. No. Questions or comments from the virtual audience?

Similar wording

chair we have a mr jihad ali mr ali you can unmute yourself and wait for the chair please

Similar wording

mr ali just state your name i swore you in once today

Similar wording

hello mr jihad ali uh thank you mr chairman members of the board uh as the count i'm very

Similar wording

familiar with this project as the council knows i've attended the land bank meeting on two occasions

Similar wording

because it actually had to come up twice.

Similar wording

But I do want to agree with her.

Similar wording

There's ample opportunity for the community to come in and voice their concern.

Similar wording

I was one of the ones that voiced my concern.

Similar wording

The developer met with us.

Similar wording

He worked out all the issues that we had.

Similar wording

We had some concerns about one of the units was labeled as a den.

Similar wording

uh one of the units was labeled as a den he worked through that he worked through all the mvewe stuff

Similar wording

He worked through that.

Similar wording

He worked through all the MBEs.

Similar wording

so i support the practice thank you very much for calling in any other comments from the virtual

Similar wording

audience chair we have anthony fullard mr fullard you can unmute yourself and wait for the chair

Similar wording

please hi anthony state your name please hi anthony state your name and spell for the court reporter

Similar wording

please yes uh my name is anthony fullard um a-n-t-h-o-n-y f-u-l-l-a-r-d and just want to

Similar wording

uh be on the record wait anthony wait wait anthony wait one minute do you swear for him to tell the

Similar wording

truth the whole truth not but the truth yes i do thank you anthony proceed yes i just wanted uh

Similar wording

Just to be on the record, as it relates to Justin Veasley as a developer that my development firm has been working with, West Powhatan Development.

Similar wording

We are in support of his project and also his development, especially because of the income mix that they proposed,

Similar wording

meaning that they propose to do market rate and also affordable housing in this project with the city solely needs.

Similar wording

And also that means that he's bringing stakeholders that will be a part of this community for a long period of time to the tune of 20 to 30 years.

Similar wording

So we are in support of that type of development around the city that he brings to this project as well.

Similar wording

Thank you. Thank you, Anthony. Anyone else in the virtual audience? Here we have Mr. Deans.

Similar wording

Mr. Deans, you can unmute yourself and wait for the chair, please.

Similar wording

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

Similar wording

My name is Khayyam Odeans, C-H-A-I-M Odeans, O-D-E-E-N-S.

Similar wording

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

Similar wording

Yes, sir.

Similar wording

Who's he?

Similar wording

I am just a neighbor of this property development, and I would just like to have it on the record that I am in favor, and my vote would be yes for this,

Similar wording

as I've been a longstanding resident of the neighborhood and believe the residential density that this project would bring in would be a great opportunity to mitigate some of the negative activity

Similar wording

that occurs on a daily basis in this area.

Similar wording

And I think this project should move forward.

Similar wording

Thank you very much for calling in.

Similar wording

We appreciate your call.

Similar wording

Anyone else?

Similar wording

Chair, we have Ms. Farrell.

Similar wording

Ms. Farrell, you can unmute yourself

Similar wording

and wait for the chair, please.

Similar wording

Hi, could you state your name

Similar wording

and spell for the court reporter?

Similar wording

Hello?

Similar wording

hello chair her name has disappeared for some reason is there any other hands up

Similar wording

there's no other hands at this time chair thank you planning commission thank you mr chairman

Similar wording

uh chair bergman members of the board david effecto city planning commission

Similar wording

So for 2055 East Rush and 2057 East Rush, the Comprehensive Plan recommends no change

Similar wording

to the residential single-family zoning at this location. These lots are both less than 1,000

Similar wording

square feet, which matches the lot sizes in the rest of the block. There is no unique physical

Similar wording

condition of either lot which would require them to be used as anything other than single-family.

Similar wording

However, the Commission is aware that these properties are part of a mixed-income request

Similar wording

for proposals released by the philadelphia land bank those agreements are conditioned on obtaining

Similar wording

approval from the zoning board the planning commission staff is willing to work with the

Similar wording

rcos council office and applicant to strategically rezone blocks in this neighborhood to multi-family

Similar wording

if duplexes are desired without a rezoning and citing lack of hardship the city planning

Similar wording

commission recommends that the board deny the use variance for both properties thank you mi

Similar wording

2022 001 817 25 55 east rush street and mi 2022 001 818 2057 east rush street i vote yes to both

Similar wording

my uh carol tenere my vote is no to both

Similar wording

james snell my vote is yes to both

Similar wording

my vote is yes to both thank you very much thank you number eight

Similar wording

my vote is yes to both

Similar wording

mi 2022 001 976 2452 cedar street alan knockinson is the attorney

Similar wording

letter of support from the old richmond civic association

Similar wording

Good afternoon, Mr. Chair.

Similar wording

Mr. Nockamson, I've already sworn you in.

Similar wording

Could you identify your client and relationship to the property?

Similar wording

Yes.

Similar wording

His name is Michael Jordan, and he's the owner of the property.

Similar wording

Thank you very much.

Similar wording

Our vice chair has a few questions.

Similar wording

Mr. Nockamson, do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal or

Similar wording

referral photos under plans of the property five days in advance of this hearing and have you met

Similar wording

with the rco and do you have a letter yes thank you you may proceed i was trying to think of

Similar wording

something smart to say but i'm tired i know i was thinking you should actually come in you're here

Similar wording

so much with flashcards and you know just hold it up and i don't know they're looking for a lawyer

Similar wording

for the board i heard all right i'm gonna this one's gonna be easier less less uh presentation

Similar wording

here hopefully um i'm here to present uh 2452 cedar uh street and um let me just put it full

Similar wording

screen modes um and again this is a corner property uh in the uh old richmond section

Similar wording