civus
Hearing video

ZBA Hearing - August 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20216h 3m

Sorry, Henry, hold on for a second. There were, oh, hi, how are you doing? There were two.

Similar wording

The lot, the one with the original house in the front and the two houses on DuPont in the rear. Is that what was refused by license and inspection?

Similar wording

Yes, that most recent refusal was for that. We believe there were two refusals for this property. One was old, and then we resubmitted after the community group meetings, and then we were issued a second refusal in June. So the June refusal should be the one that we're dealing with now.

Similar wording

Okay, and that had the lot survey stamped by the survey district and the planning commission?

Similar wording

Absolutely.

Similar wording

I believe so.

Similar wording

We just couldn't track it down.

Similar wording

I have no reason to believe it did not.

Similar wording

Yeah.

Similar wording

Yeah.

Similar wording

Thank you.

Similar wording

Thanks.

Similar wording

So could I just ask just a few more questions for Mr. Bailey?

Similar wording

Henry, the doctor's office is just, what, empty space in the building?

Similar wording

Yeah, the lower part of the rear unit has steps down to it, but there's nothing there anymore.

Similar wording

And that, to bring that to a usable state would require what?

Similar wording

Capital.

Similar wording

Improvements.

Similar wording

You know, some sort of plan.

Similar wording

But more money invested into the historic property.

Similar wording

Correct.

Similar wording

I have no further questions.

Similar wording

are we looking at this property um mr wise speak up didn't hear you would you repeat are we looking

Similar wording

at the picture i'm sorry uh mr chair are we looking at the photo of green street no that's a

Similar wording

proper that's a property that henry had restored we put on testimony that that's the property that

Similar wording

he wanted to okay so this this is this is a green street right here

Similar wording

i have any questions mr wise no sir thank you mr malloy thank you call derek spencer to this hand

Similar wording

or to the to testify hello yes can you hear me yeah derek speak up though because it's your

Similar wording

little muffled there sorry yeah let me know if it's still um difficult to hear me and i'll take

Similar wording

We can hear you. Just spell your first and last name.

Similar wording

Derek Spencer, D-E-R-E-K, last name S-P-E-N-C-E-R.

Similar wording

You swear a firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Thank you. Mr. Malloy?

Similar wording

Derek, I introduce yourself to the ZBA, please.

Similar wording

Hi, how's it going? I'm Derek Spencer from Nome Architects.

Similar wording

We've been working on the design here for 348 Green Lane with Henry Bailey since 2018.

Similar wording

As Mike said, this project has gone through a number of different proposals in terms of number of homes and orientation.

Similar wording

And right now, the one we're looking at here is the most current proposal, which is two homes fronting on DuPont Street with a rear loaded drive aisle from Maniunk Avenue.

Similar wording

Excuse me, are these new homes or restored?

Similar wording

These are new construction homes.

Similar wording

Okay, thank you.

Similar wording

There's an existing three-story and two-story.

Similar wording

Derek, why don't you walk us through the site just to make sure everybody's clear.

Similar wording

Sure.

Similar wording

So the building that's being discussed thus far, which is on the historic registry, is on the right here.

Similar wording

That is the existing five-unit building that's on site.

Similar wording

Our proposal is to subdivide off the rear of this property and locate two new construction single-family homes.

Similar wording

and derek uh after you subdivide um the property uh what is the square footage of the property

Similar wording

that's remaining that the single family home will sit on um the single family or the remaining

Similar wording

the single family it's it's on on what square footage um i don't have my notes in front of

Similar wording

me that i sent to you yesterday i believe it was about 2900 square feet so sorry the single

Similar wording

So, sorry, the single family home was on. No, the single family homes currently sits on a 13000 square foot lot.

Similar wording

family home was on?

Similar wording

No, the single

Similar wording

But if you mean the five unit, the five unit, once this one, once the five, once the units are subdivided off, is it isn't it correct that you'll have a 9400 square foot lot that the single family home will still sit on?

Similar wording

That's correct.

Similar wording

And the minimum square footage for RSD 3, where this is located, is what?

Similar wording

I believe it's 5,000 square feet.

Similar wording

So the lot, even after the subdivision, will still comply, correct?

Similar wording

Correct. Yes, I believe everything around the five-unit building will still comply with RSD 3.

Similar wording

Now talk about what's proposed in the rear.

Similar wording

In the rear, we have two single-family homes, kind of in a twin-style arrangement.

Similar wording

Through conversations with the community group early on with what they wanted to see on the site was,

Similar wording

if you take a look at the zoning map, actually a little bit, a few pages before this,

Similar wording

you'll see that the site is surrounded by RSA3 and RSA5 lots.

Similar wording

So we were kind of designing in the spirit of RSA3,

Similar wording

which is matching a lot of the context along Manny Yonk Ave.

Similar wording

You'll see there's a lot of twin-style homes that are set back from the street with green space on all sides.

Similar wording

So that was the original intent going in here was to create semi-detached single-family homes

Similar wording

that kind of fit into that fabric of RSA 3, which is the majority of the surrounding context.

Similar wording

Just known by objection.

Similar wording

I'm sorry, what was that objection?

Similar wording

you're muted mr weiss thank you i i just wanted to object to the architect's testimony

Similar wording

of the um characteristic of the neighborhood and the surrounding

Similar wording

zoning since it's irrelevant we are dealing with an rsd plot

Similar wording

i think i know where he's going i'll overrule the objection

Similar wording

So, Derek, so what's proposed are 2,336.9 square feet and 2,182.5 square foot lots in the rear of the property, correct?

Similar wording

Correct.

Similar wording

And how do they compare them to the zoning for an RSA 3 and RSA 5? Do they meet those zoning if they were located in those zoning districts? They would meet that zoning requirement?

Similar wording

Yes, they would.

Similar wording

Great. And so I have up on the screen, I have the proposed landscaping plan, which shows, you know, some of the improvements for the surrounding area. Can you walk us through some of the landscaping and some of the things that are proposed on that plan?

Similar wording

Sure. This plan was not actually presented by us. We did not create this plan. Henry had a landscape designer do this, but I can walk you through some of the concepts here, which are the community wanted to see a good amount of green space around the homes.

Similar wording

The homes were actually originally split with an even side yard on either side of the homes.

Similar wording

Community group members wanted to see the view cones and the view lines from the intersection at DuPont, not to be blocked from the existing building.

Similar wording

So we actually pushed the homes further away from Maniunk Ave, giving a slightly larger side yard for that home at the corner.

Similar wording

But we have landscaping around all sides.

Similar wording

We are proposing to keep as many of the existing trees on the site as possible.

Similar wording

I believe that large tree there kind of in the center of the site is existing.

Similar wording

All new plantings are what you can see down there at the bottom in terms of local native species.

Similar wording

That's great. And so I'm going to show you what's marked in the exhibit packet

Similar wording

as proposed rendering presented to PHC.

Similar wording

is that the rendering that's currently proposed?

Similar wording

Yeah, this is the most current iteration of the rendering.

Similar wording

You know, we worked with Henry and the community group

Similar wording

to pick materials that speak back to the original home.

Similar wording

It was the desire of the community group

Similar wording

to kind of hide a lot of the mass of the building

Similar wording

within a gable roof form.

Similar wording

So it doesn't look expressly like a three-story building

Similar wording

from the front, which is where the roof form came from.

Similar wording

But, you know, as we've, as we're going to be discussing here, the historic nature of this, you know, we are going to have to go through the full historic process for all exterior materials.

Similar wording

And that discussion will still be ongoing even, you know, after the zoning process.

Similar wording

And so in the community group letter, if I can just summarize, they object largely to what I would consider.

Similar wording

object largely to what I would consider architectural or characteristics. And do you

Similar wording

think that those could change even with future discussions with the Historic Commission and

Similar wording

the community after the zoning is granted? Yes, absolutely. It'll have to change as we

Similar wording

go through the historic commission process and so um the community made a uh and the historic

Similar wording

commission have made um different points about roofs and different roof types um did you consider

Similar wording

different roof types as you went through and um are you still considering different roof types

Similar wording

And I'm showing I'm showing. Excuse me, excuse me, for the sake of time.

Similar wording

OK, the historical commission will settle. OK, I appreciate it.

Similar wording

OK, Derek, let's go to the refusals then and and what we're here for today for the zoning commission.

Similar wording

And let's talk about the different refusals that are for these for the new houses that we're proposing.

Similar wording

okay yes um i believe most of the most if not all of the refusals are centered around the

Similar wording

dimensional variances um as an rsd3 which is what we are zoned um semi-detached structures are not

Similar wording

allowed they need to be fully detached and we are proposing a semi semi two semi-detached structures

Similar wording

um and the required setbacks um for front yard and side yard i believe are not met

Similar wording

And what about the refusal for private residents' parking garages? We're going to be providing off-street parking in these houses, correct?

Similar wording

Correct, yes. There are two-car garages for both homes.

Similar wording

Correct. And there's also a refusal for steep slopes. Could you speak about that?

Similar wording

Yeah, there are no expressly steep slope areas on the site. We are proposing a new, essentially a curb cut and a cut through the retaining wall that's at the perimeter of the property. It's a bit of a technicality because technically at a retaining wall, you have 100% slope because it's a complete vertical drop off. So being that we are disturbing an area of slope that is over, I believe, 25%, that's hitting us with that refusal.

Similar wording

Derek, you heard Mr. Wise question, Mr. Bailey, about hardship and Mr. Bailey testified about the economic part of the hardship that he's facing with this property.

Similar wording

But what hardship do you see relative to this property and its current state that justifies a subdivision and the dimensional variances that we're asking for?

Similar wording

um i mean i'm not a property developer or contractor so i'm not sure if i can speak

Similar wording

to the actual hardships that are on the site i think there is an unusually large amount of

Similar wording

open space in the rear here that you know could definitely be utilized and i think this proposal

Similar wording

um you know it matches i think the density and the style of home that is within the area and i

Similar wording

think fits well with the fabric. So you're saying comparatively speaking, this property is unusually

Similar wording

large compared to others in the area? I have to object to the leading question, Mr. Chair.

Similar wording

I think it's an appropriate question because that comes up often that people will say that

Similar wording

the proposal is out of character. I think Mr. Malloy is trying to establish that this is not

Similar wording

an unusual uh not going to be an unusual uh house that's being built in this neighbor i think that's

Similar wording

where he's going mr molloy that is correct uh mr chair that's exactly where i'm going with respect

Similar wording

to the character uh of this lot uh before and after the proposed development

Similar wording

yeah i mean i think it's pretty rare to see a property um in the city limits but with this

Similar wording

much open space on the site. And as I stated earlier, the twin style single family homes

Similar wording

fit with a large number of the contextual buildings on the site. If you go down

Similar wording

Manny Yonk Avenue, it's pretty much exclusively twin style single family homes.

Similar wording

So Derek, a couple of questions from the zoning ordinance. Do you think this is the,

Similar wording

if this variance is authorized, is this the minimum variance that will afford the relief

Similar wording

and represent the least modification possible to the dimensional regulations at issue?

Similar wording

Yes, I do.

Similar wording

Will the grant of this variant substantially increase congestion in public streets or

Similar wording

Will the grant of this variant substantially increase congestion in public streets or increase danger of fire or otherwise endanger public health, safety, or welfare?

Similar wording

No, it won't.

Similar wording

Will the variants substantially or permanently injure the appropriate use of adjacent conforming property or impair adequate supply of lighter air to adjacent conforming property?

Similar wording

I don't think it'll have much of an impact on adjacent properties being that it's set back from all sides.

Similar wording

Will the grant of a variance adversely affect transportation or unduly burdened water store, school park, or other public facilities?

Similar wording

No.

Similar wording

Will it adversely or substantially affect implementation or adoption of a plan for the area where the property is located?

Similar wording

No.

Similar wording

And will it significantly, will it cause any significant environmental damage, pollution, erosion, or siltation, and will not increase the danger of flooding during after construction? And will we take measures to minimize damage? And I think you could just say, there might be yeses and nos there.

Similar wording

There may be yeses and noes, but as part of the building permit process, we will be required to provide an IRSA plan to show erosion and settlement control on the site during construction.

Similar wording

So those things will be handy.

Similar wording

I have no further questions.

Similar wording

Mr. Wise, and I would ask everybody to be as brief as possible.

Similar wording

We're coming down to the hour when we have to break.

Similar wording

Yes, Mr. Chair.

Similar wording

Mr. Spencer, my name is Corin Wise, speaking for the RCO.

Similar wording

Central Roxborough. You stated that down Manningham Avenue, there are attached homes.

Similar wording

You would agree that down Manningham Avenue is a different zoning classification, right?

Similar wording

Yes, it is RSA 3 and RSA 5, where we had RSD 3.

Similar wording

You understand that the lot we're discussing is RSD 3, detached homes?

Similar wording

Correct.

Similar wording

And the refusal on this application is based on the fact that you're suggesting, you're proposing attached homes in an RSD property, right?

Similar wording

Semi-detached, yes.

Similar wording

Semi-detached, right.

Similar wording

You said that as proposed, this is the minimum variance.

Similar wording

First of all, the hardship you testified about was the size of the property being larger.

Similar wording

So it's too large. That's the hardship. It's too large for this property?

Similar wording

I'm saying it's uncharacteristic.

Similar wording

In RSD?

Similar wording

For the surrounding context.

Similar wording

Okay. The minimum variance is two houses. Isn't one house less than two?

Similar wording

One house is less than two.

Similar wording

Did you do a study? You told us that these comply with RSA3. Did you ever contemplate whether one house complies with RSD, the actual zoning on this site?

Similar wording

Yes, we did look at it with the required setbacks. You'd be left with a seven foot wide home.

Similar wording

But that would be a more minimum variance to propose one house compared with two houses, right?

Similar wording

it would be less yes you also I also think it would be unfeasible you you also well well you

Similar wording

could apply for variances though for a lower density proposal couldn't you of course which

Similar wording

and the uh you stated that adding these homes will not increase uh the traffic or congestion

Similar wording

at this location by definition there will be more people on the plot right um yes there will be more

Similar wording

people on the land. You also testified that the proposed project would not affect any adopted

Similar wording

plan, but your refusal contains a refusal from the specific NCO in Central Roxborough being

Similar wording

the driveway, right? Objection. The driveway was asked for by the community group members. They

Similar wording

did not want any of the added density on the site to affect on-street parking.

Similar wording

Okay. Well, we might hear from them. But you agree. Well, the wall, you mentioned the steep slope being the wall. That wall is also part of the historic designation, right?

Similar wording

That's correct. And in our initial historic meeting, we had conversations with them and talked about that at the next historic meeting, we would need details on how the opening was treated in terms of keeping it consistent with other openings in the wall.

Similar wording

Okay. And so the, so that would be part of your historic hearing.

Similar wording

Okay, and so that so that would be part of your story.

Similar wording

How much of the wall is retained or not retained around the front of these new proposed properties on fronting on DuPont, I believe, right?

Similar wording

Yeah. So, I mean, the, the wall wraps the, the entire perimeter of the site.

Similar wording

We have a 42 inch opening for pedestrian access on the DuPont side.

Similar wording

and if we can zoom in possibly on that um driveway access i believe it's a 12 foot

Similar wording

proposed opening for the cars okay so some of that's going away with this project right

Similar wording

i'm sorry what's your question some of the wall some of the historic wall is

Similar wording

we'll need correct yeah we will be creating two new openings in the wall for site access

Similar wording

okay for the driveway and the pedestrians correct okay nothing further thank you sir

Similar wording

here hi this is tanya

Similar wording