civus
Hearing video

ZBA Hearing - December 8, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20205h 47m

contact the landlord of the building to pick up any excess trash. Is that trash bin storage area

Similar wording

that's enclosed i assume correct correct and it's it's only on the first floor um as you can see

Similar wording

it's not on every it's not in the stairwell hallway of every floor just on the first floor

Similar wording

i know that i mean but i'm asking you is it ventilated uh mr silver i can answer that i

Similar wording

to be honest i'm not sure let's get mr silver on and we'll test uh swear him in please um can

Similar wording

can i be heard yes please identify yourself first and last name and i'll swear you in

Similar wording

my name is abraham silver um you're swearing a firm to tell the truth the whole truth

Similar wording

and nothing but the truth i do i do uh mr silver did you hear my question about storage of trash

Similar wording

i did um because we have not begun the construction documentation or me and p portion of this of this

Similar wording

uh you know project i can't tell you that there exists now a plan to do it but i know for a fact

Similar wording

that we will be doing it um ventilating that trash space is obviously to my and everyone's benefit it

Similar wording

needs to be done so that trash space will be ventilated in the construction documentation

Similar wording

portion of this project all right um mr sokolov did you want to ask your client if he adopts

Similar wording

your testimony mr silver will you adopt the the statements that i've made here is your testimony

Similar wording

as well i will and is there anything you'd like to add mr silver um i'd like to add that um i

Similar wording

purchased and designed this property in this manner uh to provide affordable housing in this

Similar wording

neighborhood i'm a member of the bia subcommittee on affordable housing um and you know i designed

Similar wording

this building kind of with uh small studio apartments uh to try to serve the need for

Similar wording

new um small apartments in this neighborhood it's i've become aware that in this neighborhood as in

Similar wording

many neighborhoods in the city there are many illegal boarding houses that are being run and

Similar wording

people with you know who are on a tight budget are frequently pushed into those types of buildings

Similar wording

and this is my attempt to alleviate that issue thank you uh questions from the board no

Similar wording

um excuse me this is sharon slidik could i just um say that i checked the department

Similar wording

of revenue website and confirm that all property taxes are current

Similar wording

thank you very much and and just further we did meet uh twice with the tayoga united rco the

Similar wording

final meeting being yesterday where we were able to garner the support of the community

Similar wording

and i believe that letter was mentioned earlier and received

Similar wording

Thank you. Any questions from the board? I think I asked already. Anyone else would like to testify in this case? If so, please raise your hand.

Similar wording

Chair, we have Charles Richardson.

Similar wording

Good afternoon again, Mr. Richardson. Please identify yourself with a record and remind me you're still on the road.

Similar wording

Sir, Charles Richardson from the Office of Councilwoman Cindy Bass, Room 312 City Hall.

Similar wording

Sir, Charles Richardson from the Office of Councilwoman Cindy Bass, room 323.

Similar wording

The Councilwoman has no objection to granting this variance.

Similar wording

Thank you.

Similar wording

Anyone else?

Similar wording

There are no other hands raised here.

Similar wording

Thank you.

Similar wording

Planning Commission?

Similar wording

Good afternoon, Board.

Similar wording

Peter Bernard for the Planning Commission.

Similar wording

this property is indicated for multi-family residential and the comprehensive plan and

Similar wording

has not yet been remapped the proposals largely meets the requirements of the recommended district

Similar wording

with the exception of the proposed open space accordingly we have no objection to the granting

Similar wording

of the variance on use but do ask the applicant provide a minimum open space of 25 percent

Similar wording

dr love you heard the recommendation of the board uh mr silver i did if if i may just respond i

Similar wording

believe that this open space calculation also doesn't take into account the the rear alley

Similar wording

portion of the property which my understanding of the of the zoning code allows for that calculation

Similar wording

so we are actually much closer to 25 than the refusal has been granted than has been granted

Similar wording

in the in the refusal um and would just like the board to take note of that i believe it's an

Similar wording

additional 64 square feet or so okay thank you all right uh mi2020-000828 3319 north 17th street

Similar wording

my vote is yes with the proviso trash bin storage area to be ventilated

Similar wording

my vote is yes with proviso yes with proviso yes with proviso yes with proviso

Similar wording

calendar number 2448 342 west gerard avenue the attorney is the attorney is you're welcome

Similar wording

the attorney is michael phillips

Similar wording

mr phillips you've been promoted to panelists you may speak now

Similar wording

good afternoon name and address for the record please and please spell your last name

Similar wording

michael phillips p-h-i-l-l-i-p-s 1500 market street suite 3400 philadelphia p-a-1-9-1-0-2

Similar wording

do you swear or affirm to tell the whole truth and nothing but the truth

Similar wording

I do. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do agree to waive the reading of the refusal. In terms of the accuracy, it was accurate when

Similar wording

issued, but we do have revised plans that do eliminate some of the refusals. Okay. And have

Similar wording

you emailed the exhibit packet with proof of ownership, tax compliance, the refusal or referrals,

Similar wording

photos or plans of the property five days in advance of this hearing? And have you met with

Similar wording

the RCO and do you have a letter? Yes and that was the only exception for the getting the exhibit

Similar wording

packet in. I didn't get the letter until just today but I have sent over the Northern Liberty

Similar wording

Neighbors Association's letter of support this morning and do have it in my packet that I'm

Similar wording

going to share with the board. Okay you're good to go. And may I share my screen? Sure.

Similar wording

Okay. So good afternoon, members of the board. I'm here on behalf of High Top Real Estate and

Similar wording

Development, the equitable owner of 342 West Girard Avenue, which is an 8,160 square foot

Similar wording

parcel located on the southeast corner of 4th and Girard. You'll note the refusal does mention

Similar wording

a number of matters, some of which have been eliminated that I'll go through, but really

Similar wording

we are here for height, density, parking, and a de minimis variance for open area.

Similar wording

We've met with Northern Liberty Neighbors Association on three occasions, and I will

Similar wording

take you through the plans, but first just want to orient you to the surrounding area.

Similar wording

So this is the current configuration of the lot.

Similar wording

You notice there's Trio's Restaurant and then a parking lot that is accessed off of Girard Avenue.

Similar wording

Directly behind the property, this is the Cigar Factory Lofts, which goes to 100 feet to its peak.

Similar wording

And right here to the top of this fire stair is 83 feet.

Similar wording

Here are some other images showing Girard Avenue. This is viewing east. This is looking west.

Similar wording

Here are some other images showing.

Similar wording

Fourth Street, again, looking south and north. Here's an aerial shot. It's easier if I show it

Similar wording

this way. So here's the property. Again, we have Cigar Factory right here that goes about 100 feet.

Similar wording

Here's Girard Ave. This is a vacant parcel that was approved for multifamily use, I believe,

Similar wording

60 feet of height. Over here is senior housing that is 80 feet. And the zoning

Similar wording

map of the surrounding area really is a bit all over the place. So this is the parcel right here.

Similar wording

it's zoned CMX2. But you'll see all of this right here, as you get from Germantown East, is all CMX3.

Similar wording

And caddy corner to us, this parcel here is CMX3. Behind us, that cigar factory lofts is IRMX.

Similar wording

That vacant parcel here is split zoned ICMX and IRMX. And then Gerard Abbe goes to CMX2 until you

Similar wording

get to about 8th Street and then we go back up to CMX3. We initially reached out and met with

Similar wording

Northern Liberties Neighbors Association in August to discuss development plans for this parcel.

Similar wording

And NLNA was receptive to our proposed height and density along the quickly emerging

Similar wording

Girard Ave Commercial Corridor. At the time, what we presented were 50 units with no parking.

Similar wording

The response from the community was that they really wanted us to incorporate parking and

Similar wording

looked more to the CMX3 or IRMX elements of a 3 to 10 parking ratio. So we went back to NLNA

Similar wording

in September with a plan that showed 45 units and nine parking spaces. And at that meeting,

Similar wording

we also began conversations with Cigar Factory Lofts, their HOA, regarding the configuration

Similar wording

of our building and the parking situation. Now, in terms of parking at the time, actually,

Similar wording

pull up the original refusal, we had parking along the property line, and we were proposing

Similar wording

an attached building that would go right up next to the cigar factory. In our conversations with

Similar wording

cigar factory HOA, and I do believe there will be a representative from cigar factory on the line

Similar wording

as well as their council, certain requests were made to add to their open space and lighten air.

Similar wording

And also we entered into an agreement, which would be a phase two with the cigar factory

Similar wording

that actually would incorporate additional parking.

Similar wording

So now right now what we did is we agreed to shift.

Similar wording

we had the nine spaces going up against the uh the property line we created a nine foot setback

Similar wording

and shifted i know it shows seven here but it nine spaces are shown on our plan phase two uh if we uh

Similar wording

you know get past today and as i mentioned my client is the equitable owner so if he becomes

Similar wording

the owner of the property is an agreement with cigar factory to create a total of 19 parking

Similar wording

spaces so it would be uh 10 more than than what we're proposing today and there would be a share

Similar wording

the parking would then be accessed through an easement so we would have seven still on site

Similar wording

and then another 10 right here with egress off of uh north oriana street so uh i know that those

Similar wording

plans aren't before you today but ultimately we're looking at 50 units with uh 19 parking spaces

Similar wording

well in excess of a of a three to one ratio we went back to nlna just last week and presented

Similar wording

our revised plans that now show 50 units nine parking spaces because as of right now we can't

Similar wording

change the configuration of those parking spaces until we get under contract and then would i would

Similar wording

expect to come before the board again for administrative approval on reducing this to

Similar wording

seven with a shared parking agreement and a unity of use with Cigar Factory.

Similar wording

We pushed the building off the property line to create a nine-foot setback, and that resulted

Similar wording

and that resulted in a reconfiguration of the upper floors, which is how we went back from 45

Similar wording

in a reconfiguration of the upper floors, which is how we went back from

Similar wording

to 50 units. Now, just the floor template, which Sergio Acosia moves on the line who can answer

Similar wording

any questions, but originally this was a larger two-bedroom unit. We split it up,

Similar wording

and so now this just goes straight up. This is the template from floors two to six. In terms of height,

Similar wording

uh we are proposing uh 68 and a half feet uh top of the roof here you see cigar factory which goes

Similar wording

to 100 feet to its peak but it's about 83 feet right here um and uh we also have approximately

Similar wording

2100 square feet of commercial space that'll be fronting gerard avenue the parking would be

Similar wording

accessed off of 4th Street, we would be closing the existing curb cut that is on Girard Ave

Similar wording

right now. And so we'd be creating additional parking right there.

Similar wording

And so that eliminates a number of refusals. We had a refusal for the roof deck setback

Similar wording

and at the sixth floor we had this lower deck. I'm trying to pull that up on the plans right here

Similar wording

that has been eliminated. We had a refusal because we the parking at the time was located

Similar wording

in the required rear yard as a result of shifting that parking up along the building

Similar wording

that eliminates that refusal. We do have a refusal for parking in the first place since

Similar wording

in CMX2, parking is prohibited unless accessed from a rear street shared driveway, and we cannot

Similar wording

meet that. However, the parking was essential to NLNA and the near neighbors, so we have that

Similar wording

refusal. Density, as I mentioned, again, this is CMX2, but it's been designed to the CMX3 standard,

Similar wording

which we have support from NLNA. That also triggered height. We're at 68.5 feet. However,

Similar wording

if you look from a floor area ratio requirement where either an IRMX or CMX3, we'd have to be

Similar wording

at 500%, and we are, I believe, just a bit below that. We're at about 470%.

Similar wording

And lastly, was the occupied area. The revised plans did, we were at 87%. We've gotten that down to 82% occupied area. 80% is the threshold. I think if you look, technically, we're like 81.5%. So we're only 1.5% off. So I believe that that's a de minimis change.

Similar wording

Again, these are the renderings. I will briefly have Sergio Cauchy from Cauchy Moos can

Similar wording

walk you through the proposed elevations and plan. Again, this shows the parking and now the

Similar wording

separation. I think we can put that aside unless there's any questions from the board.

Similar wording

No. And or unless you need it for future reference or

Similar wording

No, I don't. I'm just pulling up. This is our letter of support for NLM.

Similar wording

We appreciate that. Thank you.

Similar wording

And I would just like to ask my client, David Lance-Groener,

Similar wording

if he could just hop on the line and adopt my testimony.

Similar wording

Mr. Lance-Groener, you've been unmuted. You can speak now.

Similar wording

Good afternoon, sir. Please identify yourself for the record name.

Similar wording

Hi, good afternoon. David Langstoner. L-A-N-D-S-K-R-O-N-E-R.

Similar wording

Thank you. Can you swear?

Similar wording

I think you might be muted.

Similar wording

Can you swear in the frame to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Thank you. Mr. Phillips?

Similar wording

David, you heard everything I mentioned a moment ago?

Similar wording

Yes.

Similar wording

You've heard all of my testimony?

Similar wording

I have.

Similar wording

Do you agree that everything that I stated is true and accurate?

Similar wording

Yes, I do.

Similar wording

Do you agree to adopt my testimony as your own?

Similar wording

Yes.

Similar wording

I have no further questions.

Similar wording

Any questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

Would anyone else like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

Thank you.

Similar wording

Ms. Carson yes hi my name is Elizabeth Carson I am a near neighbor and resident of the cigar

Similar wording

factory and I'm speaking on behalf of the 23 unit owners that voted to support the project

Similar wording

in accordance with our private agreement with the developer okay thank you I was going to

Similar wording

swear you in but I assume I'm sorry I I assume everything you told me you swear is the truth

Similar wording

correct yes sir thank you very much thank you anyone else would like to testify in this case

Similar wording

there are no other hands up at this time chair you planning commission

Similar wording

good afternoon board peter bernard for the planning commission

Similar wording

this property is indicated for commercial mixed use in the comprehensive plan

Similar wording

the proposal is significantly taller and higher density than adjacent properties however the

Similar wording

proposal is largely consistent with the size and scale of new development along gerard avenue

Similar wording

accordingly we have no objection to the granting of the variances thank you mr phillips did you

Similar wording

have revised plans yes we have uh revised plans that were submitted and again those show um how

Similar wording

Any pages?

Similar wording

In the setback.

Similar wording

How many?

Similar wording

Two pages.

Similar wording

Two pages.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

MI 2020-002448342 West Gerrard Avenue.

Similar wording

My vote is yes with the proviso revised plan.

Similar wording

Two pages approved today.

Similar wording

My vote is yes with proviso.

Similar wording

Yes with proviso.

Similar wording

Yes with proviso.

Similar wording

no thank you mr phillips thank you very much members of the board have a great day

Similar wording

you like you too calendar number 2178 2843 johnny street

Similar wording

mr kern you've been unmuted and promoted to panelists you may speak now

Similar wording

Excuse me, this is Sharon Sletta.

Similar wording