civus
Hearing video

ZBA Hearing - March 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 24, 20215h 56m

so that's what I'm just saying

Similar wording

it's um it's cutting a little close um but we should be able to do it chair we can go forward

Similar wording

with that okay april the 14th at 9 30. great and i'll stop the share and we'll move on um and i

Similar wording

will conclude this hearing and i guess we'll just come back from this one all right all right so

Similar wording

let me for the record mi 2020 does 001 853 1524 north 4th street is continued uh hold on a second

Similar wording

the hearing will resume be resumed oh it's a resumption hearing correct

Similar wording

uh no chair we would consider this as a continuant and the applicant would have to

Similar wording

vote yes it'll be continued until april the 14th at 9 30 a.m thank you thank you thank you calendar

Similar wording

number 1685 1530 north 25th street attorneys leo malvahill all right members of the board i still

Similar wording

promise to tell the truth i waive and stip we i have to i have to read that you also agree to

Similar wording

waive the reading of the refusal and stipulate to its accuracy yes i do okay and have you submitted

Similar wording

all of your um exhibit uh exhibits in the required documents yes with the required documents you may

Similar wording

proceed great thank you members of the board again for purposes of record leo mulvihill m u l

Similar wording

he is in victor i h i l l here today on behalf of the applicant alex who owns la8 investment

Similar wording

incorporated what i have on the screen is the title page for the exhibit packet we have the

Similar wording

refusal appeal and project information form at page one zoning map at page seven date of eight

Similar wording

commercial activity at 14 tax clearance at 15 rco notification at 16 rco letter at 19 voters of the

Similar wording

property at 21, plans at 37. Members of the board, this block of North 25th Street, I'm

Similar wording

intensely familiar with because I've done probably six appeals on this block in the last couple of

Similar wording

years, all of which, if I recall correctly, are for multifamily on a single family block. One

Similar wording

moment, I'm just going to do one page up. And that's exactly what we're here for today. We're

Similar wording

proposing three dwelling units on a single family block. That's going to become important

Similar wording

when we get to the zoning map and you'll see why. Members of the board, I'm now showing page 7 of my

Similar wording

exhibit packet. You see on the top is the map that I pulled from Atlas. The dark blue area is the

Similar wording

subject lot. It's currently vacant. You'll see that we have this strange L-shaped yellow area of RSA5

Similar wording

properties. I say strange because there's existing multifamily there, specifically on the north

Similar wording

corner of the block where 25th intersects with Oxford. You'll see when I get to the photos,

Similar wording

corner of the block where 25th intersects with Oxford. You'll see when I get to the photos,

Similar wording

an aqua-colored building, multi-family, I believe, with commercial on the ground floor,

Similar wording

or at least it used to. The large areas of RM1 to the east, which would be to the right,

Similar wording

are mostly vacant land. I'm not sure whether this has been remapped yet, but it's mostly vacant.

Similar wording

The buildings directly across the street are gorgeous, and I hope someone rehabilitates them,

Similar wording

but they're also vacant three-story houses.

Similar wording

There's some commercial misuse on the corner,

Similar wording

but I'd suggest that perhaps upon revisiting this,

Similar wording

city planning may look to remap this as RM1 as well,

Similar wording

just like the surrounding blocks.

Similar wording

It's a copy of the deed for the property

Similar wording

to L88 Investment Incorporated.

Similar wording

Client, Alex, is the principal.

Similar wording

Page 14 is my client's commercial activity license.

Similar wording

16 is the tax information.

Similar wording

again that was having issues with the application on the city site. Zoning notification letter is

Similar wording

here at 16. Proof of mailing is here at page 18. And this is our RCO meeting form. We didn't really

Similar wording

get any sort of feedback as to why the neighbors opposed this project. We just got this letter

Similar wording

showing there was that there was no consensus that was reached, but you can see the votes

Similar wording

that are present. We only received this pretty recently. As I've stated before, members of the

Similar wording

board, I've been on this very block with at least four, maybe five different applications immediately

Similar wording

adjacent. Greater good development was one. That's the only one that comes to mind at the moment for

Similar wording

multifamily on this very block. I'll get to the photographs now. So you can see my original zoning

Similar wording

sign from way back when, still there, and a new one. They don't make zip ties like they used to,

Similar wording

they all kept breaking, so I had to use duct tape like MacGyver, but that actually stuck up there

Similar wording

and stayed pretty well. This is looking southbound on the block. You see a new construction on the

Similar wording

block and you see the existing houses that are already there. Our lot is located at the right

Similar wording

of this photo on page 22. This is our lot with the tree in it. It's looking northbound. Members

Similar wording

of the board you can see directly across the street this three-story single family homes or

Similar wording

maybe multi-family at some point um but they're currently zoned for multi-family i'm hoping

Similar wording

somebody does something nice with those instead of taking them down because they have really nice

Similar wording

structure and the cornice lines look really good you said mr mobile they are currently zoned

Similar wording

multi-family as far as i understand one moment members of the board make sure i'm not misspeaking

Similar wording

yes so looking back again to page seven of my packet i'm going to zoom into the top

Similar wording

So our subject property, the vacant lot, is here in blue.

Similar wording

All those homes I just took pictures of, the three-story ones,

Similar wording

those are all located on this block with red in there,

Similar wording

R-E-D as in delta, N-E-R, the north, and Bolton to the south.

Similar wording

Those are all those vacant homes that I just showed pictures of.

Similar wording

Thank you.

Similar wording

Where are we?

Similar wording

So back to page 26, more photos of those.

Similar wording

Looking northbound on the block.

Similar wording

pardon me that's uh southbound on the block that's redner street on the corner you see all the vacant

Similar wording

land all over the place back when we had to hand flyer for these meetings before notifications i

Similar wording

was on this block all the time handing them out you'll see the left of this photo page 30 looking

Similar wording

northbound on 25th that aqua building which is multi-family that i discussed with you earlier

Similar wording

these somehow got out of order my apologies members of the board so the house immediately

Similar wording

adjacent is recently rehabbed that is a single family i believe this house with the green awning

Similar wording

located on page 32 green shutters is multi-family if but not legal multi-family but i can't speak

Similar wording

to that necessarily this is that aqua building that's rather large may have been a corner store

Similar wording

at some point but it's most assuredly multi-family i can tell by the multiple mailboxes and entrances

Similar wording

as i walk by looks like we're repeating photos again here we go now to the plans page 37

Similar wording

So this is 1530 North 25th. Composing red brick, large windows, not exceeding 38 feet. Nothing really too crazy.

Similar wording

Zooming in now on the schematics on the next page. So we're looking at a 32-foot, 9-inch building. We are not even going to the full 38 feet.

Similar wording

This height allows for a decent amount of space between each floor, 9-foot-1 inches from floor to ceiling.

Similar wording

There is egress wells in the basement to allow for additional light and emergency access.

Similar wording

Oh, going too fast for myself.

Similar wording

Going to the bottom of page 39, there is a roof deck that is planned.

Similar wording

And then here's the site plan, I will rotate that, maybe.

Similar wording

Okay, well, I rotated on my preview but not on my big screen, so never mind.

Similar wording

so never mind in any case here's the lot itself the lot itself is 15 feet wide we propose to have

Similar wording

In any case, here's the lot itself.

Similar wording

Bye.

Similar wording

a little bit more lot coverage than what were provided under the code that said we still have

Similar wording

a substantial room to our depth and let's go to the floor plans themselves members of the board

Similar wording

as i said it is a three family dwelling so we're going to start on the bottom which is a cellar

Similar wording

plan. Bedroom front, bedroom rear, lever as well. Bathrooms in the basement, mechanical area,

Similar wording

stairs. You have trash storage in each of the units as well. So as we go to the first floor,

Similar wording

this unit, by the way, is about 1,550 square feet, so a decent size. You come in the front

Similar wording

door up the steps, hang a left, you're in the front room, the dining, kitchen, bath, and then

Similar wording

a bedroom, office, whatever you want to call it, to the rear. Second floor plan, as you go up the

Similar wording

main staircase in the front, go up the stairs, hang a left, you walk into the kitchen, it's about

Similar wording

730 some square feet. You have living room at the front, dining and kitchen to the middle,

Similar wording

bedroom to the rear, trash storage, off the bathroom. And then same thing on the third floor

Similar wording

as well. Although this has two bedrooms, one in the front, one in the rear. So we have a mix

Similar wording

of one and three bedroom, one, two and three bedroom units to provide for families of any size.

Similar wording

it will be a mix of pricing anywhere between 1250 to 1650 perhaps for these units market right is

Similar wording

ultimately going to determine what's what but they are planned to be rentals not sales at this time

Similar wording

that may change in the future but for now that's what we're looking for for rental stock

Similar wording

with respect to community concerns parking i believe was one as we know it always is

Similar wording

in the city of Philadelphia, no matter where you are.

Similar wording

I don't recall specifically other concerns that were brought up.

Similar wording

And I didn't receive an explanation of position letter from the organization either.

Similar wording

So I'm unsure what the community group's position is otherwise.

Similar wording

But namely, the hardship here is this.

Similar wording

This lot is part of a small pocket of RSA5 properties that is mostly vacant land.

Similar wording

There's a few homes on there for sure.

Similar wording

But in the last several years, this zoning board has granted variances for multifamily on this very block. It's surrounded by RM1. Single-family homes, while they are desirable for many people, we all know the price of construction is continuing to climb, especially with new construction rather than a rehab.

Similar wording

So this is a vacant property. We're seeking to offer these units at an affordable price point in terms of looking at AMI and kind of pegging it to that so that we're not trying to take anybody who's been here for a while and force them to go out just because rents are getting too high.

Similar wording

Irrespective, those are the hardships that we face in this instance.

Similar wording

I suggest that this lot should be zoned RM1 rather than RSA5.

Similar wording

It's the development of a vacant lot into a three-family dwelling.

Similar wording

The price point of these units is going to be such that long-term residents or newer residents who want to move in should both be able to afford these.

Similar wording

We're happy to take any questions from the board at this time.

Similar wording

Thank you. So the first floor and basement is one unit. It's a bi-level unit? Is that correct?

Similar wording

Correct, about 1,550 square feet.

Similar wording

Okay, thank you.

Similar wording

Questions from the board.

Similar wording

Yes, Mr. Chairman.

Similar wording

What is the hardship for three units?

Similar wording

Why do you have to have three units?

Similar wording

I mean, the hardship has to do with the fact that this would be a multifamily.

Similar wording

We suggest to the board, at least, that this ought to be a multifamily dwelling lot to begin with.

Similar wording

And my recollection, without doing the math really quickly, is that based on the size of this lot, by May, turning to page 38 of my presentation packet, our lot is 1,260 square feet, which, if I'm doing my math right, quick and dirty, that would allow us for three units by right if this were to be zoned RM1.

Similar wording

So that's what we were looking at, taking the idea of an RM1 lot and working within

Similar wording

those confines, considering we're in a strange pocket of RSA-5, otherwise mostly surrounded

Similar wording

by RM1.

Similar wording

In addition, having the additional unit allows us, just for purposes of pricing, to reduce

Similar wording

the cost of the units for people who want to move into there.

Similar wording

Whereas with two units, the price point goes up, because with a three-story building, you

Similar wording

now have two bi-level units, each of which are about 1,550 square feet, which is going to increase

Similar wording

the rental price from around $1,250 to closer to $1,650 per unit. One more question. Yes.

Similar wording

What is your percentage for the AMI? I don't recall the numbers offhand. I'm sorry I don't

Similar wording

have the documentation in front of me, but in speaking with my clients, that was part of the

Similar wording

calculation that was done. I could take some time if the board wanted to suspend this to grab AMI for this zip.

Similar wording

I could take some time if the board wanted to suspend this to grab AMI for this zip code.

Similar wording

Market rate for one and two bedroom units now, generally speaking, is around $1,500, $1,600.

Similar wording

Based on speaking with my client and having other cases now in the area with newer construction in Brewery Town in the zip code.

Similar wording

Thank you.

Similar wording

Certainly.

Similar wording

Thank you, Tom. Any other questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

No hands, Chair.

Similar wording

Thank you.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair DiCicco.

Similar wording

Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

Chair and members of the Board, in 2014, the zoning map was amended from RM1 to RSA5 in

Similar wording

this location in accordance with recommendations from the comprehensive plan and with the support

Similar wording

of the community.

Similar wording

Any adjacent nonconformities notwithstanding, we don't feel the applicant has demonstrated

Similar wording

that development is restricted by any kind of unique physical circumstances or conditions on

Similar wording

this property. The appellant's arguing that the hardship is an economic hardship or a hardship

Similar wording

having to do with the restrictions of the zoning code, neither of which are legitimate grounds for

Similar wording

hardship in the case of use variances. And if the lot should be zoned to RM1, then we would

Similar wording

recommend that the applicant petition for a zoning map amendment however as long as this is zoned rsa

Similar wording

five uh the city planning commission will have to recommend that the board deny the variance

Similar wording

are you aware of any uh future remapping in the not too distant future remapping of the opposite

Similar wording

side of the street which are now it's all multi-family has there been any discussion about

Similar wording

re-remapping that every class i don't i don't have that information immediately handy but i

Similar wording

can check on that. Yeah I'm just curious I mean the entire everything across the street is multi.

Similar wording

Yeah and typically a lot of the recommendations on side streets would be to change that to RSA 5

Similar wording

but I'm not sure I'm not the district planner for that area I would have to check on that.

Similar wording

And chairman just going on the word of the remapping with respect to Mr. Haggerty if it

Similar wording

was remapped in 2014 then the city planning commission made that decision in 2014.

Similar wording

Directly behind us is also RM1 directly across the street and all those vacant lots is RM1

Similar wording

as well. So I understand Mr. Haggerty's concerns. However, I stand by my position here that I find

Similar wording

it curious that the vacant lots here were zoned RSA 5, whereas the existing structures across the

Similar wording

street and other vacant lots remained RM1. And we have RM1 directly behind us, directly to the

Similar wording

south of us on the same block. Yeah, that's why I asked that question. I'm not criticizing,

Similar wording

just was curious as you know what what if there was any immediate any any soon to be remapping

Similar wording

again all right um mi 2020-001-685-1530 north 25th street my vote is yes my vote is yes

Similar wording

my vote is yes my vote is yes my vote is yes my vote is no

Similar wording

thank you members of the board sure i think number six calendar number zero seven four two

Similar wording

2116 north 20th street the owner is michael green

Similar wording

the stenographer we have one more case after this which should go rather quickly do you need a break

Similar wording

now or could you I can wait okay thank you um excuse me chair we're also going back to um

Similar wording

that's right we're going back to uh Mr. Laver correct thank you Mr. Green are you available

Similar wording

or Mr. Scott are you available for this yes yes

Similar wording

who said yeah Mr. Green yes is it possible I can get a continuance

Similar wording

it is it's going to be a while i know but i have no other choice i can't present it myself i have

Similar wording

to find somebody to be able to present this for me okay uh is it okay to ask a question

Similar wording

yeah sure mr green what is the dilemma would you be able to still bring up the exhibit

Similar wording

and just speak to it well my architect is supposed to be email he's not really computer savvy he's

Similar wording

older man um i thought it would be a pretty simple process um he's now let me ask you this

Similar wording

if the if the board can review the exhibit themselves can you speak to what you need to do

Similar wording

with your project yes that that was the dilemma um he couldn't he he couldn't get it on his

Similar wording

computer he's not computer savvy but it's pretty simple i can if to miss mr green to miss sunken's

Similar wording

point we we the board has a copy of the floor plan the exhibit so you can just speak to it

Similar wording