civus
Hearing video

ZBA Hearing - July 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 31, 20246h 45m

Planning Commission.

Similar wording

Thank you, Chair Bergman, and good morning, David Fecto with the City Planning Commission.

Similar wording

Chairman and board members, the comprehensive plan recommends no change to the RSA-5 residential

Similar wording

single-family zoning at this location. The appellant appears to have purchased the building,

Similar wording

which had been converted into two dwelling units without the benefit of permits.

Similar wording

The City Planning Commission recommends that the board grant the proposed use variance for

Similar wording

two dwelling units. Thank you. MI 2024-001-337-304 West Godfrey Avenue. My vote yes.

Similar wording

Michael Johns. My vote is yes.

Similar wording

Terrell Gaston. My vote is yes.

Similar wording

Tannetta Graham. My vote is yes.

Similar wording

Tyia Wynn. My vote is yes.

Similar wording

James Snell. My vote is yes.

Similar wording

Number 18, MI 2024-001-893, 118 East Sharpneck Street.

Similar wording

Alan Nockmson is the attorney.

Similar wording

There is a council member Bass office served as the coordinating RCO and

Similar wording

Councilmember Bass's office served as the coordinating RCO and provided a letter of non-opposition.

Similar wording

The vote was 25 in support, including 11 near neighbors and zero opposition.

Similar wording

Mr. Nockamson.

Similar wording

He's coming back in as a panelist now, Chair.

Similar wording

Alan, you're on mute. You got to unmute yourself, Alan.

Similar wording

Good morning, Mr. Chair, members of the board. Alan Nockmson, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client, a relationship to the properties?

Similar wording

Yes, my client is a Jonathan Harris, Sharp Neck, and as well as Sharp Neck S Street Properties, LLC, and then the virtual audience is Mr. Harris.

Similar wording

Our vice chair has a few questions.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal or to relate to a diagnosis?

Similar wording

I do.

Similar wording

thank you have you emailed in all the required documents and exhibits that is needed to proceed

Similar wording

with this case five days in advance of this hearing yes we did thank you counsel please

Similar wording

proceed and share your screen so this is one of these projects that like i get very excited about

Similar wording

because it's a very nice, thoughtful project in the East Mount area of the city.

Similar wording

So this is a 35,000 square foot lot, irregular shaped, a cobbling of essentially seven properties,

Similar wording

most of which are on Sharpneck Street.

Similar wording

But there is one property in particular that's almost 28,000 square feet that's irregular shaped

Similar wording

with a Magnolia Street address.

Similar wording

And what we're looking to do is a planned community,

Similar wording

which have 30 units and 40 parking spaces.

Similar wording

So it's a great, it's more than a one-to-one ratio

Similar wording

in terms of housing to parking.

Similar wording

There'll be 12, what's it called?

Similar wording

There's 12 single families and then eight duplexes.

Similar wording

So during the presentation,

Similar wording

we'll first review the notice of refusal

Similar wording

And I'll indicate this at the beginning that the notice of refusal looks a lot more daunting than it is.

Similar wording

It's pretty straightforward. Once we'll review that under the circumstances.

Similar wording

But there are a lot of refusals there. I think it's more due to the unique nature of the properties and how they're being used.

Similar wording

But ultimately, there's a great number of single family homes and there is open area under the code.

Similar wording

There's height under the code. There's some technical refusals regarding bike parking and rear yard setback, which are more technical in nature.

Similar wording

In actuality, we do provide for that. You'll then see the letter of non-opposition from Council Member Sidney Bass's office.

Similar wording

Because of the large nature of this project, I would assume that's why they took over this matter.

Similar wording

It was a well attended meeting of almost 50 individuals. And I believe everyone who voted during that meeting voted in support. I believe there were like 25 documented or so individuals who voted in support of this project, as well as nearby neighbors, which equaled 11 people.

Similar wording

I also included an article about this project. So you will look at this, but phase one of the project is six single families that are proposed facing Sharknack Street. There was technical support for that and that support, but there are zoning permits and building permits for that.

Similar wording

Today is to, you know, legalize or to get, you know, ZBA approval for the other 28,000 square foot portion of this lot, which is behind us on Magnolia, where we would have 24 additional units plus, you know, an additional 28 parking spaces.

Similar wording

But in this article, which was in the Chestnut Hill local newspaper, it explains who my clients are and they're local, you know, to Philadelphia, but not only Philadelphia, but to this particular neighborhood.

Similar wording

And, you know, it explains of like, you know, their aptitude in handling this and their excitement and the neighborhood's excitement for this type of this project in particular.

Similar wording

Then we'll review. So you'll if you have read it, you know, I think it's something worth noting.

Similar wording

that this is a locally owned project specifically in mountain area then it's not out of character

Similar wording

what we're requesting for um this you know board um or disease or this

Similar wording

requesting for this board or the L&I granted a proposal with nine, excuse me, eight units

Similar wording

or nine units and eight parking spaces. And we have a zoning permit of a nearby property on

Similar wording

Sharp Neck under similar circumstances. Then I have the zoning permits for those six single

Similar wording

families that we're in the process of building on Sharp Neck. And you'll see through the pictures,

Similar wording

as well that um you know you'll see the quality materials and and you know the design of the

Similar wording

properties that are almost done um and will be replicated hopefully with zba approval

Similar wording

for these additional 24 units in the rear um then we'll review the maps of the area and again this

Similar wording

lot combined is over 35 000 square feet um it only has a width of 136 uh feet wide and that's you

Similar wording

know, this is really a true undue hardship situation where, you know, our depth of our

Similar wording

property is 228 square feet. And with our building structures on Sharp Neck, only, you know, of a

Similar wording

certain size from the beginning of Sharp Neck to the back, there's almost 200 feet of rear yard

Similar wording

setback for those six single family homes. And that's why we kind of need to do the project the

Similar wording

way we're trying to do it. And then in addition to the maps of the area, we'll review photographs

Similar wording

of the property and the surrounding area. Our plans and drawings. I do have Agata Reister from

Similar wording

Landmark Architecture in the virtual audience. And, you know, she can answer any

Similar wording

like technical questions that I can't answer. Or we have our RCO meeting notice. Again,

Similar wording

well-attended meeting of 50 individuals. And again, the people that did vote are in full support,

Similar wording

including 11 nearby neighbors who are in the infected area. And I would believe that Mr.

Similar wording

Richardson from Sydney Bass's office may be in the virtual audience. He's the one who facilitated

Similar wording

the meeting and attended the meeting. And he can give some flavor too about, you know,

Similar wording

the overwhelming support from the community regarding this project. And then our application

Similar wording

for appeal that we filed on behalf of our clients, the deeds of the property, all of them, as well

Similar wording

as certificates of tax clearance for each property showing that we're in good standing with regards

Similar wording

to real estate taxes. At the conclusion of my presentation, I would ask that Mr. Harris virtually

Similar wording

raise his hand. I have a few questions for him, and then we can answer any questions the board

Similar wording

may have regarding this matter. So our notice refusal, that's a lot, what we're trying to do

Similar wording

here but essentially we're taking we're cobbling together uh seven lots um you know essentially

Similar wording

six in the front and then uh one in the back so the six in the front we already have uh zoning

Similar wording

and building permits and we're in the final we're finishing up the construction of six

Similar wording

six single family homes in the front with off-street parking each of the single family homes

Similar wording

has a garage attached to it and then what we're going to do and you'll see from the drawings

Similar wording

is we have basically a structure

Similar wording

of another single family homes right behind it,

Similar wording

another six.

Similar wording

And then we have two building structures behind that

Similar wording

that are eight units in each,

Similar wording

but they're like four duplexes.

Similar wording

And you'll see from the grade of the property

Similar wording

that, you know, from the front to the back,

Similar wording

we go down like 13 feet.

Similar wording

So, you know, anyone in the rear of our property

Similar wording

is going to be like essentially

Similar wording

looking like they're 25 feet high in terms of height of their building compared to the properties

Similar wording

behind us on upsell streets. So we have a few refusals. Again, this is 30 units, 40 parking

Similar wording

spaces, a lot of single-family homes, and 12 single-family homes, 18 multifamily, which are

Similar wording

a duplex in nature. And what we're trying to do here, because of the RSA 5 nature of this property,

Similar wording

we have a few refusals. So technically, again, this project is for the 24 units absent those

Similar wording

single families on Sharp Neck. So having multifamily on RSA 5 is a technical refusal.

Similar wording

Again, the lot that we're talking about is 28,000 square feet. It's not facing a public street. It's a rear property on Magnolia Street. So that alone makes it very difficult to do much.

Similar wording

other than if we wanted to consolidate this lot

Similar wording

with the front properties on Sharp Neck,

Similar wording

we can have basically, let's see,

Similar wording

so six properties divided by 35,000

Similar wording

would be like almost 6,000 square foot of a lot,

Similar wording

which would be completely out of character

Similar wording

with the neighborhood.

Similar wording

Again, we don't have a huge width either.

Similar wording

It's only 136 feet wide.

Similar wording

It's only 136 feet wide.

Similar wording

The second refusal is that multiple principal dwelling structures are not allowed on RSA 5 lots.

Similar wording

The second refuse,

Similar wording

Again, we only have 136 foot wide property in the front.

Similar wording

So in order to adequately use that 35,000 square foot lot total between the six inch Sharknack and then the 28,000 square feet behind us on Magnolia, we've leveraged it in a way to create a planned community.

Similar wording

So we have a mix between single family homes and duplexes.

Similar wording

But that's where we run afoul of the Philadelphia zoning code there.

Similar wording

The next one has to do with parking of bicycles.

Similar wording

Technically, when you have a lot that's over 20,000 square feet, you need three bicycle parking spaces.

Similar wording

So each of the units in their garages will have like bicycle racks affixed to the walls.

Similar wording

So within the Spirit of the Code, we are providing bicycle parking spaces.

Similar wording

Our goal was to...

Similar wording

Yes.

Similar wording

Yes.

Similar wording

Can you hear me? We can now. Okay, sorry. Yeah. So within the spirit of the code, you know,

Similar wording

we are providing bicycle parking spaces within the units themselves, and we feel like it's more

Similar wording

appropriate to provide more landscaping in the common elements of this planned community rather

Similar wording

than providing, you know, common bicycle spaces there. The next refusal has to do with essentially

Similar wording

the single family homes are in Sharp Neck, where the lot sizes, you know, are less than

Similar wording

1,440 square feet.

Similar wording

What I will say as to this, we average 1,168 square feet, you know, per unit on in this

Similar wording

project, which again, is not out of character to the properties that are nearby.

Similar wording

So, you know, again, we're not meeting the 1,440 square foot lot size requirements generally, but we're well within character of that. Plus, we're preferring to use some of that lot size for dry vials and providing off-street parking.

Similar wording

The next refusal, and it's kind of common, we'll go down, is the rear yard depth.

Similar wording

It's a technical refusal.

Similar wording

It's saying that we're providing no rear yard depth for some of these properties.

Similar wording

We are.

Similar wording

The problem is, is that when you have an easement, like for a dry vial, like part of 10 feet

Similar wording

of our properties for these units, the single family units, 10 feet of the rear yard is

Similar wording

dedicated to that dry vial in the form of an easement.

Similar wording

we technically have, we don't have a rear yard depth, but we do. And we'll show you that on the

Similar wording

site plan as well. And then all these refusals, again, with the lot size and the rear yard depth

Similar wording

are in common to what I just stated. Now, we did, again, meet with the community. And as you can see

Similar wording

here from the description, there was a peak of 50 participants, including RCO reps, applicants,

Similar wording

their attorneys and the council member's office. Of these 50 people, 26 people actually voted for

Similar wording

this. I don't know why some people didn't, but that is what it is. And 11 nearby neighbors

Similar wording

specifically voted. Everyone who voted for this project voted in support. And it was just

Similar wording

overwhelming. The commentary during my whole presentation was like, this is something what

Similar wording

the community needs. They were very happy that we provided a more than one-to-one ratio

Similar wording

between housing and parking.

Similar wording

They were also happy that the architecture that we selected

Similar wording

and we chose mimics and matches the integrity

Similar wording

of Mount Airy section of Philadelphia.

Similar wording

And they were also appreciative of the people

Similar wording

who were part of this project, who are well-known quantities,

Similar wording

who lived only blocks away from this project

Similar wording

and grew up close by and who still have family members

Similar wording

who live in the neighborhoods.

Similar wording

And they were appreciative of that as well. And then this is the article that was in the Chestnut Hill local kind of, you know, again, I gave you as a summarization, but Mr. Harris is one of the members in this, you know, described this article who is from the area.

Similar wording

And again, stating how, you know, they were looking forward to making this into an impactful project for the neighborhood.

Similar wording

They phased one with six single family homes, which they started, and they're hoping to continue phase two with these additional 24 homes and 28 parking spots.

Similar wording

So again, just as a history too, this used to be like the part that the 28,000 square foot lot, part that we're trying to get into 24 homes and 28 parking spots used to be a salvage yard.

Similar wording

Again, just as a history, too, this used to be like the part that the 28,000 square feet.

Similar wording

So this, you know, just a matter of history and the background of this, for this particular portion of the property.

Similar wording

And then zoning permit, I want, like, you can't really see it, but like, this is the, what was previously approved for another property nearby.

Similar wording

On Sharknack, so at 85 East Sharknack Street, this board, under calendar number 36771, previously approved nine dwelling units for eight parking spots, which is not a one-to-one ratio even.

Similar wording

even. We're taking one curb cut and we're creating 40 parking spaces to 30 units. And there's a mix

Similar wording

between 12 single-family homes and 18 multifamily homes to all duplexes.

Similar wording

And then here you'll see is just the zoning permits for all the single families that are

Similar wording

sharp-necked that are in the process of being built. All single families, all off-street parking.

Similar wording

118, well, I guess they all had 118 numbers at one point.

Similar wording

I think they changed the numbers since then, the OPA's office.

Similar wording

And then maps to the area.

Similar wording

As you can see, we're in the middle of a RSA 5 district.

Similar wording

There is some RM1, but you can also see the irregular shape of a lot.

Similar wording

You have these lots that are on Shark Neck, and you have this lot on Magnolia,

Similar wording

which also has emergency egress going to these two common public streets as well.

Similar wording

But it's a rather large lot that kind of is out of character to the neighborhood.

Similar wording

And in order to effectively use this property and to provide much needed new construction housing with off-street parking

Similar wording

and help support the commercial corridor in Germantown, which is only a few blocks away,

Similar wording

we think that this is a really good and impactful project.

Similar wording

And then you can see here, this is where we are, how close we are to Germantown Avenue to help support that commercial corridor.

Similar wording

And there are photographs of the property.

Similar wording

So this is what we built.

Similar wording

And I would have to say that, like, you know, again, it's very nice.

Similar wording

It's like the quality materials is great.

Similar wording

We have a mix between stone and brick.

Similar wording

And what you can also see is the fact that they are set back on the third story to account for the fact that there's a mix between two story and three stories nearby.

Similar wording

And, you know, I think the fact that you have a slope of 13 feet, you know, from from front to back is also helpful because not many people in the neighborhood on the upsell street that's behind us are going to be affected at all by any housing here.

Similar wording

Plus, there'll be quality housing with, you know, a decent amount of parking for all the residents, which will have a low impact to the surrounding properties.

Similar wording

And then these are our architectural plans and drawings.

Similar wording

Let me just scale back a little bit.

Similar wording

So this is, let me get out of here for a second, and maybe it'll make it easier this way.

Similar wording