civus
Hearing video

ZBA Hearing - September 20, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 20, 20223h 36m

Again, just showing you some of the unique nature

Similar wording

of this property.

Similar wording

And we do have sensitivity to this property and to others.

Similar wording

This alley gate is gonna be removed.

Similar wording

There's gonna be steps to the apartment right here,

Similar wording

reactivate that.

Similar wording

And there's a rear garage for parking

Similar wording

for all the apartment dwellers.

Similar wording

So again, the argument is similar

Similar wording

to what was in the prior presentation.

Similar wording

business community. Most folks in Chestnut Hill want to see vibrant

Similar wording

corridor on Germantown Avenue. To do this, we need tenants, my clients in the business of having

Similar wording

full occupancy, almost full occupancy. We don't want empty buildings. We don't want empty

Similar wording

structures. Our marketing and the calls that we get to our commercial leasing department

Similar wording

tell us that smaller spaces are the way to go. Nationally, that's the trend. Ms. McCauley,

Similar wording

the expert whose letter is referenced at the outset of this presentation. That's what she

Similar wording

suggests. And that's what my client's expertise over 41 years is telling him. So again, no change

Similar wording

to the second and third floor, reducing the size of the commercial space to a manageable 535,

Similar wording

converting the rear portion of the first floor to a one-bedroom apartment.

Similar wording

it. That is the proposal, Mr. Chairman. Can you have your testimony adopted, please?

Similar wording

Mr. Snowden, can you unmute yourself once again?

Similar wording

Yes. I adopt your testimony. Thank you, Mr. Snowden.

Similar wording

questions from the board and mr chairman no mr chairman

Similar wording

questions or comments from the virtual audience

Similar wording

i see no hands chair planning commission okay thank you chair bergman ian hegarty for the

Similar wording

philadelphia city planning commission board members the comprehensive plan recommends a

Similar wording

zoning map amendment at this location from cmx 1 to cmx 2.5 the proposed use is consistent with

Similar wording

the recommended zoning and so the city planning commission recommends that the board grant the

Similar wording

variance. MI 2021-004-359-8532 Germantown Avenue. I vote yes with proviso. Use registration required

Similar wording

prior to occupancy for commercial space. Carol Tenere, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thomas Toloman, my vote is yes with proviso. Sorry about that.

Similar wording

Thank you, Mr. Clinton. Could you please stay on for the next case?

Similar wording

Thank you, Mr. Chairman.

Similar wording

All right. MI 2022-001-158-1424 Pemberton Street. Letter of support from South of

Similar wording

South Davis Association. Mr. Clinton, you've already been sworn. Could you identify your

Similar wording

Could you identify your client, the relationship to this property?

Similar wording

client, the relationship to this property.

Similar wording

Sure. My client is Philip Conway, C-O-N-W-A-Y, and Mr. Conway is on the call.

Similar wording

Okay. Could you ask a few questions from our vice chair, please?

Similar wording

Certainly.

Similar wording

Hi. 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 referral,

Similar wording

voters under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes, to all of the above.

Similar wording

Okay, you may proceed and begin to share your screen.

Similar wording

Thank you, Mr. Neri. Good afternoon, Mr. Chairman, members of the board.

Similar wording

I'm here today on behalf of 1798 Investors, LLC.

Similar wording

That's an entity of which my client, Philip Conway, is one of the principals.

Similar wording

Concerns 1424 Pemberton Street.

Similar wording

Again, my table of contents containing exhibits AA to A10, which I ask to be admitted into the record.

Similar wording

This is my appearance statement.

Similar wording

And this is the refusal.

Similar wording

This is an RM1 zoning district.

Similar wording

We are not asking for multifamily.

Similar wording

We're asking for a single family, and we do have a number of refusals with regard to minimum yard depth, but I can address that because behind the property, there was a small street called Senate Street, which has been stricken, which helps my client pick up an additional number of square feet, which has not been calculated by the L&I examiner.

Similar wording

And we have not included that as part of the project, which would bring these percentages down.

Similar wording

But I'll show the board that little street behind our property.

Similar wording

The height, we're basically smaller than the house next door.

Similar wording

And we're smaller than the houses across the street.

Similar wording

Even though we're at 41 feet, we're still lower than those properties.

Similar wording

And the rear yard, again, this existing property was 100% lot coverage.

Similar wording

So even though we're keeping 100% lock coverage on the first floor, we've pulled back the second floor.

Similar wording

And when you pull back the second floor, we're opening up some of the area in the back.

Similar wording

And when you count Senate Street as open space, it really helps the property come closer to conformance.

Similar wording

The same response with regard to the maximum occupied area.

Similar wording

And then also in the RM1 zoning district, it indicates that parking has to be from a shared driveway or a rear street.

Similar wording

And you'll see this property is on a dead end one way street that has numerous other garages on the street.

Similar wording

In fact, this property was a garage.

Similar wording

So here's a letter of support from Sazna, as the chairman referenced, pretty much overwhelming support.

Similar wording

Here's photographs to give the board perspective.

Similar wording

This is an aerial photograph.

Similar wording

We're looking south.

Similar wording

This is the south side of Pemberton Street.

Similar wording

Pemberton Street is off of 15th.

Similar wording

You take a left and it dead ends right around here.

Similar wording

This is Broad Street.

Similar wording

This is a Keller Williams real estate office,

Similar wording

which is accessed through a pathway from Broad Street.

Similar wording

and then these homes on

Similar wording

Bainbridge, correct, I was going to say

Similar wording

a carpet on Bainbridge Street, they actually use Pemberton Street to come down

Similar wording

and there's a gated entrance here, they enter through Pemberton

Similar wording

and they have parking in the rear, so you'll see as I give you

Similar wording

a closer photograph of this property, it's an existing

Similar wording

two-story garage, which is 100% lock coverage

Similar wording

Now we're looking east down to a Broad Street, standing almost on 15th.

Similar wording

Again, here's the garage.

Similar wording

Here's some larger buildings here.

Similar wording

These properties are now developed, and you'll see the photographs that the architect has.

Similar wording

You can see where these homes are pretty substantial in size.

Similar wording

We have a proviso form if the board looks kindly upon this application.

Similar wording

So this is the front of the garage.

Similar wording

This is a cutaway of the property.

Similar wording

So basically, as it exists now, the property is two stories, goes all the way back, and occupies 100%.

Similar wording

We are removing the rear of this property, so you can open up the second floor a little bit,

Similar wording

and we can have a deck, which provides some open space for the family, hopefully, that will purchase this property.

Similar wording

Then on the second and third floor, it's kind of a strange, I don't want to say strange, because the architects are excellent,

Similar wording

But it's an unusual layout only because we're trying to mirror the house to east of us.

Similar wording

Their fourth floor is set back.

Similar wording

fourth floor is set back and at the request of the neighbor, we set our fourth floor back

Similar wording

And at the request of the neighbor.

Similar wording

so it's in conjunction with the front elevation of his fourth floor.

Similar wording

Again, this is a top-down view reiterating what I just mentioned at the top. The second floor

Similar wording

of the building is going to be removed so we can open up the area for outdoor space.

Similar wording

These are just photographs of the houses across the street.

Similar wording

I referenced them in the aerial photograph, which was a vacant lot.

Similar wording

They're now fully built out.

Similar wording

They're four stories and they're, excuse me, they're higher.

Similar wording

They're actually higher than our building according to the L&I records.

Similar wording

Here's another photograph of the house next door.

Similar wording

And this is our project.

Similar wording

So we're going to obviously demolish that and build a new structure.

Similar wording

This is the floor plan, first floor. There will be no basement here because it's already a slab in the entire first floor. We're going to have a garage here, an office in the rear, a bathroom, and then access to get up to the second and third floor.

Similar wording

There's also going to be an elevator in this property because it's four stories, and the elevator will carry all the way up to the rooftop deck.

Similar wording

Second floor, we'll have a living dining area with the kitchen.

Similar wording

And as I said, since we're taking off the second floor in the rear,

Similar wording

it's going to be a walkout deck in the rear of the property

Similar wording

to provide some outdoor living space for the family.

Similar wording

And then the second, excuse me, third and fourth floors are bedrooms

Similar wording

and the rooftop deck.

Similar wording

Here's a rendering of the property.

Similar wording

Again, there's other garages on the street, several brick,

Similar wording

some bays on the front, set back the upper floor, fourth floor, and then the pie out house on the

Similar wording

very top. What I just want to show the board and get part of the record is, again, based on what

Similar wording

we've seen in the zoning records, some of the houses across the street, they're 46 feet high.

Similar wording

Sony records indicate this property is 42.8,

Similar wording

and we're going to be 41 to the roof

Similar wording

and then a little bit higher for the parapet.

Similar wording

And then the Keller Williams building is about 44 feet

Similar wording

down toward the end of the block.

Similar wording

Again, a cross view to show how the property fits in

Similar wording

with the property next door.

Similar wording

The gray is the property at 14.22.

Similar wording

two, so we set it back so we're not really interfering with the house next door. This is

Similar wording

a front rendering, a lot of brick. I said bay, excuse me, they're just large, a lot of glazing,

Similar wording

large windows to bring light into the property since it faces north. Again, just giving you

Similar wording

context of how it's going to fit in with the house next door. These are the original plans,

Similar wording

Mr. Chairman but I don't see the necessity of showing you the new the original plans because

Similar wording

we did did make quite a few changes I guess the only thing I didn't point out which I should

Similar wording

because I mentioned it during the presentation is

Similar wording

here so this used to be a street senate street uh behind the property I've been back there it's

Similar wording

overgrown. Nobody really uses it. And it's really part of our property. I think we have to do a deed

Similar wording

probably of consolidation, consolidating this lot with our property. We didn't want to go through

Similar wording

that at this point. We wanted to see if we could get approval for this project and maybe just keep

Similar wording

that the way it is. We're not really determining what we want to do, but really that should be

Similar wording

consider some open space for our

Similar wording

property. And really, no one, none of

Similar wording

the homes on Pemberton, whose

Similar wording

rear yards

Similar wording

back against the street, use it in

Similar wording

any way. Maybe that will change over time.

Similar wording

So with that, I would rest

Similar wording

and turn

Similar wording

it over to the Chairman of the Planning Commissioner.

Similar wording

Is your client here

Similar wording

to adopt your testimony? Yes, Mr.

Similar wording

Conway, are you on the call? Can you raise your hand?

Similar wording

Philip, can you raise your hand?

Similar wording

Yeah, can you hear us?

Similar wording

Mr. Conway, could you state your name, please, and spell for the court reporter?

Similar wording

It's Philip Conway, P-H-I-L-I-P, last name's Conway, C-O-N-W-A-Y.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Proceed, Mr. Clinton.

Similar wording

Mr. Conway, were you on the call when I presented your project at 1424 Pemberton Street?

Similar wording

yes and if you had the opportunity to testify would you adopt my testimony as your own

Similar wording

Yes.

Similar wording

And if you had the opportunity to testify, would you adopt my testimony?

Similar wording

and consider it correct yes i would thank you mr conway questions from the board no mr chairman

Similar wording

questions or comments from the virtual audience

Similar wording

planning commission i see no hands chair planning commission thank you chair bergman

Similar wording

Ian Hegarty for the Philadelphia City Planning Commission. Board members, the comprehensive plan

Similar wording

recommends no change to the existing residential multifamily zoning at this location. As we've seen

Similar wording

in this presentation, this is a relatively small and shallow zoning lot, and so it presents several

Similar wording

hardships that would be addressed by the requested dimensional variances. The requested variance for

Similar wording

front access parking would not negatively impact the surrounding blocks. We feel this is a unique

Similar wording

conditions since this block of Pemberton lacks on-street parking is not a through street. And

Similar wording

then finally, with regard to the requested height variance, we find this to be de minimis. City

Similar wording

Planning Commission recommends that the Board grant all these variances. Thank you. MI 2022-001-158-1424

Similar wording

Pemberton Street. I vote yes with proviso. Revised plans, one page, stamped by ZBA September 20th,

Similar wording

2022. Carl Tannery, my vote is yes with Proviso. Thomas Solomon, my vote is yes with Proviso.

Similar wording

Gaines Snell, my vote is yes with Proviso. Thank you, sir. All right, thank you,

Similar wording

Mr. Chairman and members of the board. Have a great day. You too. Number eight, MI 2022-003-483-335,

Similar wording

Franklin Mills Circle. Brett Feldman is the

Similar wording

attorney.

Similar wording

66 Ward RCO sent a letter of support.

Similar wording

Hi, Chair. I'm going to promote Brett Feldman.

Similar wording

Yes, please. May I

Similar wording

put something on the record, Chair? You most certainly can.

Similar wording

So, a correction for this

Similar wording

morning's case for 4306 to 08 Parkside Avenue. The corrected date scheduled is January the 17th

Similar wording

at 930 on a Tuesday, and all parties involved will be notified by our office of the corrected

Similar wording

date and posters will be mailed out so that all the community will know the new date. Thank you

Similar wording

so much, Chair. Thank you, Tanya. Mr. Feldman? Yes, good afternoon. Hi, could you state your

Similar wording

name and spell for the court reporter, please? Yes, Brett Feldman, 1835 Market Street, Philadelphia,

Similar wording

Pennsylvania, 19103. I represent the property owner. Mr. Feldman, just spell your name,

Similar wording

please, if you get a chance for the court reporter. Brett, B-R-E-T-T, Feldman, F as in Frank, E-L-D-M-A-N.

Similar wording