civus
Hearing video

ZBA Hearing - April 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20219h 42m

Sure. Sure. I know you'll be available shortly, correct?

Similar wording

I will be. Yes. Thanks.

Similar wording

Okay, okay.

Similar wording

Mr. Feldman, so you'll understand, and everyone out and listening,

Similar wording

we are going to be required to take a break at 1 o'clock.

Similar wording

So it is more likely, unless you have some way of condensing your testimony,

Similar wording

we may have to continue this case regardless of the issue regarding the community benefits agreement.

Similar wording

We will have to break at 1 o'clock.

Similar wording

Sure. I understand. And I do want to give everyone a chance to speak. So let me just quickly turn to Nick Krause. He was our project historian. Nick?

Similar wording

Mr. Krause, you have been unmuted.

Similar wording

Great. Thank you very much.

Similar wording

Good afternoon, sir. Please identify yourself first in my name.

Similar wording

Yes, I'm Nick Krause, N-I-C-K-K-R-A-U-S, and I'm Vice President with Heritage Consulting Group.

Similar wording

We're infirm to tell the truth, the whole truth, nothing but the truth.

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Mr. Krause, I have passed up your report.

Similar wording

It's at Exhibit Tab 4 with your CV.

Similar wording

You have an MS in Historic Preservation from Penn, a BA in History.

Similar wording

You've been with Heritage for 13 or 14 years.

Similar wording

um I just want to if you could just briefly talk about your work with looking at the appropriateness

Similar wording

of this building uh in the in the in the surroundings um what was there prior uh and

Similar wording

as far as your opinion on um you know what what how this makes sense for the neighborhood yes thanks

Similar wording

Brett so we took a look sort of right at the site as well as you know the neighboring Squirrel Hill

Similar wording

community and really a little bit wider, the surrounding blocks of Cedar Park and West

Similar wording

Philadelphia in general. So I think on the really micro granular level, if you look at

Similar wording

our report and look at the property that we're talking about, we had a lot of density historically

Similar wording

on this site. We had two large apartment buildings. You can see it on this map here on the Sanborn

Similar wording

map Wycliffe Hall is right at the corner of Chester and 48th and then two parcels down

Similar wording

is Winston Hall on South 48th Street and then in between those there's a multi-family dwelling

Similar wording

that had been I think subdivided into six or eight housing units during the period as well as

Similar wording

other houses on Chester there that had also been subdivided.

Similar wording

So this site historically was utilized for multifamily.

Similar wording

Surrounding the area, I think you had a really good visual,

Similar wording

both the aerial that showed the other large, that one right there,

Similar wording

that shows the context really between 46th and 49th,

Similar wording

fronting on Chester. But again, if you broaden this out to further blocks, even going up into

Similar wording

Garden Court, you've got a 10-story Garden Court Plaza, apartments adjacent to that. You have

Similar wording

Garden Court condominiums, which I believe are six stories in height. All these around here

Similar wording

on the next page where you have the elevations show similar context in height, as well as a

Similar wording

kind of a uniformity of design. And when you look at these, they really all read as sort of mid to

Similar wording

late 1920s apartment buildings. And that is what they are. And that's a really important

Similar wording

aspect of West Philadelphia. I think, you know, everyone who'd been through the area

Similar wording

knows the Victorian twins that sort of worked their way out as the West Philadelphia streetcar

Similar wording

suburb. But also integral to the West Philadelphia streetcar suburb are these sort of early to mid

Similar wording

20th century large apartment buildings fronted, as was talked about earlier, on the trolley

Similar wording

rights of way. So Chester Avenue, as the historic documentation from when both Winston and Wycliffe

Similar wording

hall talked about they were marketed as being on the chester avenue trolley line on the 13 line

Similar wording

They were marketed as being on the Chester Avenue trolley line, on the 13 line, which was important in the 20s and certainly is as important, if not more so important, to West Philadelphia right now.

Similar wording

And so, you know, one of the really important things, I think, from our perspective as a historic consultant is that this whole area is part of the West Philadelphia streetcar suburb historic district.

Similar wording

that was listed on the National Register of Historic Places in 1997.

Similar wording

The properties on the site that we're talking about,

Similar wording

so both the smaller duplexes that had been converted,

Similar wording

as well as Wycliffe Hall and Winston Hall,

Similar wording

all existed at the time that the historic district

Similar wording

was listed on the National Register of Historic Places,

Similar wording

and they were all considered to be contributing.

Similar wording

So all these buildings, these large-scale buildings

Similar wording

that you're all looking at here,

Similar wording

are all considered to be contributing historic resources to that historic district.

Similar wording

And I'd like to just quote from that National Register nomination, and it's in the report as well,

Similar wording

specifically about these buildings.

Similar wording

It says, the final significant building period within the district occurred in the 1920s

Similar wording

in response to the changing fashions which made the apartment a desirable mode of living.

Similar wording

This generation of development typically involved the demolition of late 19th century rows for the

Similar wording

construction of larger four or five-story apartment houses, which generally took the form of U-shaped

Similar wording

brick blocks with detailing concentrated at the entrance, belt courses, and parapet. Chester Avenue

Similar wording

boasts the greatest number of these buildings. This includes the Royal Chester Court at 4601

Similar wording

Chester Ave from 1927. And then moving forward, also in the same year, further down Chester Avenue,

Similar wording

the Winchester Apartments at 4800 Chester, which is also a four-story Tudor Revival building.

Similar wording

Then these all represent that 1920s to 1930s period, which really culminated the development

Similar wording

patterns of west philadelphia the streetcar suburb and specifically here squirrel hill

Similar wording

so just in looking in the research that we've done specifically on this site but also the general

Similar wording

context um and looking at the the design as proposed with the red brick um kind of earth tones

Similar wording

cast stone um the the u-shaped building that's been worked out with with neighbors uh it really

Similar wording

is appropriate historically for this site um this this site prior to the demolition in the 90s

Similar wording

was considered to be historic because of what was there yeah no nick i don't mean to cut you off

Similar wording

here but we know the historic is important but it also goes to the zoning code um one of the criteria

Similar wording

for approval is that it's you know that we don't we're not altering the essential character of the

Similar wording

neighborhood or detrimental to public welfare. Do you see us as completely compatible with this

Similar wording

neighborhood in this area because of the design and the history? Completely. I think if that was

Similar wording

shaded the same color in the map we're looking at right now, you wouldn't ever know that it was

Similar wording

not something that had been there before. This is totally appropriate for the neighborhood.

Similar wording

And it marks the corner as it should be based on what it was historically.

Similar wording

Great. Well, thank you very much. And you passed in your record, your report, which we added to the record. Mr. Chair, I do want to have Ms. Templeton speak. I don't know if she's available right now.

Similar wording

So if you want to open this up now to the public, which I think may make a lot of sense, and then

Similar wording

I could call her back, whether it's later today or on the callback. She's critical to establishing

Similar wording

full compliance with all the hardship criteria and the adverse impact on this matter.

Similar wording

Why don't we get her on if she's available?

Similar wording

I'm ready.

Similar wording

Okay.

Similar wording

Ms. Templeton, please identify yourself for the record.

Similar wording

Yes, Nancy Templeton, T-E-M-P-L-E-T-O-N.

Similar wording

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

Similar wording

I do.

Similar wording

Thank you, Mr. Farrell.

Similar wording

Great.

Similar wording

Ms. Templeton, you're a certified land planner, correct?

Similar wording

Correct.

Similar wording

And you are with CH Planning?

Similar wording

Yes, that's correct.

Similar wording

You've testified on numerous occasions before this board, and your testimony in the past has been accepted as expert testimony, correct?

Similar wording

Yes, correct.

Similar wording

And Mr. Chairman, I'd ask that the same be done in this situation.

Similar wording

And your CV is part of your report at Exhibit tab.

Similar wording

It's in the package.

Similar wording

it's in the package. Can you just briefly explain the work you've done to look at the

Similar wording

Can you just...

Similar wording

compatibility of this and the hardship challenges that we face at this site?

Similar wording

Sure. So I visited the site and the surrounding neighborhood. I reviewed the zoning regulations,

Similar wording

the development plan, and I reviewed the historic report that was submitted. I also looked at the

Similar wording

example RTA1 site plans and the University South District Comprehensive Plan.

Similar wording

And what did you find? Well, I found that the proposed development is contextual and

Similar wording

compatible with both the historic use of the site and the current development context

Similar wording

of the neighborhood with diverse mixed housing options with single family, twins,

Similar wording

multifamily, and large apartment buildings. Okay. And as far as the history of the property,

Similar wording

I was pretty clear that this had been multifamily?

Similar wording

Yes, it has.

Similar wording

And even where it is zoned RTA-1 or single family around us, most of those properties are not used in that manner, correct?

Similar wording

Correct.

Similar wording

the uh the neighborhood where it's zoned the immediate neighborhood where it's zoned there's

Similar wording

some rta1 and there's some rsa3 rsa5 there are a lot of apartment buildings on those

Similar wording

single family zoned or two family zoned properties okay no not to interrupt i apologize i think we've

Similar wording

established that a couple of times yes prior to you so get to the heart of her testimony that

Similar wording

would be helpful. Yes, yes. As far as the hardships, it's been made pretty clear that

Similar wording

affordability is a critical component of this project. But as you found and Mr. Roller found,

Similar wording

the number of units that would be allowed as of right would lead to a very different outcome as

Similar wording

far as the affordability and what we could provide here, correct? Correct. And can you explain that?

Similar wording

Well, under the current zoning, the density would be much lower. You would yield far fewer units. And I'm sure you know, and anyone who does development knows, you need a minimum number of units to make affordable housing viable.

Similar wording

So the RTA1 zoning would not really yield any reasonable, discernible, positive impact for affordable housing.

Similar wording

And you also concluded that the as of right, the limited yield on as of right, would lead to an urban form with the front loaded curb cuts that would be just completely incompatible with the neighborhood, with the history, with the pedestrian experience, correct?

Similar wording

Yeah, I think it would really actually be a negative impact on the neighborhood, more so than the proposed development.

Similar wording

And you looked at the city plan and the neighborhood plan that talked about congregating density along corners with transit lines. Can you talk about that briefly?

Similar wording

Yeah, so the comprehensive plan, you know, what it says in this neighborhood and surrounding neighborhoods like Cedar Park is that they want to direct the demand for new rental units and multifamily housing in true transit nodes.

Similar wording

And I think there's no better transit node than this corner.

Similar wording

Right. And as far as adverse impacts, you saw that on the final plan, there's no new curb cuts.

Similar wording

We have new stormwater management.

Similar wording

We have internal trash storage.

Similar wording

We're keeping as much of the green space as possible.

Similar wording

What is your opinion as far as adverse impacts at this site?

Similar wording

I don't think there are any adverse impacts.

Similar wording

I think this is actually a positive impact for the neighborhood, given all those reasons.

Similar wording

And you've looked at whether it be the schools, whether it be impacts on immediate neighbors, light and air.

Similar wording

Can you just briefly touch on that?

Similar wording

um again the you know the immediate neighbors a lot of it is it's a mixed diverse housing

Similar wording

uh context so this fits in pretty well uh very well and schools i mean i looked at the schools

Similar wording

their their enrollment has been declining over the years and you know i just wouldn't add any kind of

Similar wording

oppressive uh capacity problems for the schools okay and

Similar wording

oppressive capacity problems for the schools. Okay. And as far as the parking that we're

Similar wording

providing on-site, plus the overflow parking at the Renaissance facility, plus the tremendous

Similar wording

mass transit, what we've got to 13, and we also have a septal regional line that is one block

Similar wording

from here? Right. Yeah, the parking wouldn't be negative. I mean, you wouldn't lose any parking,

Similar wording

on street parking and you're adding parking and yeah it's actually probably an improvement

Similar wording

on on parking in the neighborhood so um you believe that we have um and and just as far as

Similar wording

uh least minimum variance um what was your conclusion as far as what would be

Similar wording

what would be the appropriate district um for this uh site based on um the prior history of

Similar wording

But based on the fact that part of it is split zoned, do you have an opinion on that?

Similar wording

Yeah, given the historic use and the other surrounding uses, similar surrounding uses, this should be zoned, probably RM1.

Similar wording

And I believe RM1 would yield, without even the bonuses, the mixed income bonus, RM1 would yield, I believe it's 76 units.

Similar wording

Correct.

Similar wording

Which is exactly what we're seeking here.

Similar wording

So this is, you know, exactly what the district that you believe makes the most sense for this slate.

Similar wording

I do. Yes, I do.

Similar wording

Okay. Is there anything else as far as the criteria for a use variance or dimensional variance here that you wanted to touch on briefly?

Similar wording

I don't, I don't, I think we covered all of them.

Similar wording

i just think it meets all the criteria in fact is um much more of a benefit to the neighborhood than

Similar wording

what would be allowed under current zoning yeah okay and i passed up your report um i've asked

Similar wording

that to be incorporated into the record um and uh i think with that uh mr chair we'll we'll we'll

Similar wording

rest for right now but obviously reserve uh the right for um cross-examination and um to add

Similar wording

additional materials to the record. Thank you. It is now 1248. I would just ask, is there any

Similar wording

representative from Councilwoman Gautier's office on the call? And if so, please raise your hand.

Similar wording

good afternoon good afternoon is this mr goodman yes hi and please identify i think you were

Similar wording

sworn in earlier so please identify yourself yes i was andrew goodman g-o-o-d-m-a-n representing

Similar wording

the office of third district council member jamie godier and as i said you're still under oath

Similar wording

I want to get your testimony now because we're going to have to be breaking shortly.

Similar wording

Yes, absolutely.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

I mean, we're largely ceding our time today.

Similar wording

We joined the request for a resumption hearing perhaps four or eight weeks from now, but

Similar wording

we'll cede the rest of our time for public comment.

Similar wording

Very good.

Similar wording

Thank you.

Similar wording

Do the board have any questions for any of the witnesses that we've heard from so far

Similar wording

because we're going to be breaking shortly?

Similar wording

No.

Similar wording

Yes, Mr. Chairman, just a quick question. The refusal for zoning and use has been reduced how much?

Similar wording

Let me go right to that here.

Similar wording

Many of the items have been eliminated. There was a refusal for parking, which is now we have the

Similar wording

required uh parking one second here um there was a refusal for setback off of 48th street

Similar wording

we have provided five we required eight we now meet that um there was a uh here it is there was

Similar wording

a refusal for um landscaping in the parking lot which um we we believe we met and we we we now

Similar wording

have concluded that we we do meet that as far as the 10 in the parking lot um the height

Similar wording

38 feet and we're at 40 42 feet and most of the much of the building is actually at 32 feet so

Similar wording

when you do the average between the three-story portion and the four-story portion our engineer

Similar wording

is certified we're at 38.5 feet now when you kind of average the two pieces of this building out

Similar wording

which is really a de minimis dimensional variance at that point and again we

Similar wording

We needed some, you know, we're trying to get to some sufficient density to have.

Similar wording

You know, we're trying to get to some sufficient density to have, you know, the wherewithal to provide the affordable, you know, the massive affordable component on this that we're providing and we want to enter into with the community.

Similar wording

So that's we're down significantly. Oh, and the number of units. I'm sorry. The number of units we reduced from 83 to 76.

Similar wording