There's more than one way to skin a cat or in this case raise awareness for the neighbors of Fishtown not to accept any development project left on their doorstep. This is were it starts. The follow up is equally if not more important to take proactive steps in the appeal process. The developer can appeal to the Zoning Board of Adjustment to over turn the communities decision that firmly rejected the proposed project. It's well documented that the ZBA has done so in a lopsided manner of making favorable rulings for the developers and turning a deaf ear to communities.
It has now become very clear that the community and its Registered Community Organization (RCO) have to be prepared to go the extra step (ZBA hearing) to maintain control of the future of the community and what's best for the community. There is yet another step in the appeal process, Common Pleas Court.
The Fishtown community, for the first time ever, will face this process regarding 1323R Montgomery Ave. Twice the community came out to the ZBA hearing and twice they succeeded in having the ZBA uphold the will of the community. The court case technically is an appeal against the ZBA but the impact of the ruling will be felt by the community.
What follows is the proactive action by the Fishtown Neighbors Association regarding the developers scheduled appeal to the ZBA for 1217 E Columbia Ave developement. It must have been effective because the developer withdrew their appeal.
A tip of the hat to the FNA and it's President Ian Wilson.
This letter was sourced from Philadelinquency.
From: “FNA President”
Date: Jun 15, 2017 17:27
Subject: ZBA Issues/1217 E Columbia Ave
To: “James Kenney”
Cc: “Darrell Clarke”
Mayor Kenny,
I am writing to you this afternoon regarding a recent ZBA decision to “hold” for review the project at 1217 E Columbia Ave, 19125. Once a project is “held” in this manner, it is almost always approved behind closed doors without further opportunity for input from anyone other than the developer.
I attended the RCO Zoning Meeting for this project, wherein the developer proposed to build an enormous six-unit apartment building on a lot zoned RSA5/Single Family. The meeting was packed with immediate neighbors who were very concerned about the size and density of the project and the detrimental impact it would have on the community. Not only was the size and density an issue, overbearing height, lack or rear yards, and off-street parking were also major issues. It was voted down 45-1 in opposition.
As noted in our letter of opposition (attached), a financial hardship was given for the multifamily use. The developer stated in the meeting the lot was purchased for 250K. The lot is large enough for the developer to build TWO single family homes side by side, by right, which have been selling for $600-800k in Fishtown recently. For the developer to come before community with this project and indicate that return of less than $1 Million as his only hardship is insulting; that the ZBA would allow it to move forward without a real hardship is unconscionable.
A quick review of the attached letter, which was properly submitted to the ZBA per RCO guidelines, will reveal that this project flies in the face of the Zoning Code and the wishes of the community. I am fully aware that the role of the local RCO is an advisory one, however, we would expect the ZBA to take our input seriously. Input like this is after all why the RCO process was written into the Zoning Code that you voted for as a member of City Council. It appears the ZBA ignored the letter and its contents, and as such we may need to send a delegate to every ZBA hearing to ensure our letter is read into the record – which seems a tad much but necessary given the circumstances.
Our Zoning Committee is one of the strongest in the City of Philadelphia. The Planning Commission uses our letters as examples when holding their RCO Training sessions on zoning matters. Our tireless volunteers have spent many hundreds, if not thousands of hours holding zoning meetings in an effort to uphold the Zoning Code in an area of the city that has seen record development in recent years. Despite these facts, the troubling trend of ZBA decisions overruling overwhelming community opposition makes us wonder why the RCO process exists, if not as a placebo to satiate our need for input in the process.
As the sole individual in the City of Philadelphia with any sway over the ZBA, I humbly request that you contact Chair DiCicco and ask that he deny these variances. Not only because this project an excellent example of a developer flaunting the code, but because failure to deny variances with no real hardship undermines the code and the RCO process entirely.
I sincerely hope you would consider meeting with myself and our zoning chair Matt Karp in the near future to discuss this ZBA trend; if this project moves forward it would be the fifth time this year the ZBA has overruled community opposition to a project without any reasonable hardship. When you and I exchanged pleasantries at our Chili Cookoff at the Fillmore in April, you expressed how important the work of local RCOs are to the City. I hope that we can continue to count on your support.
Thank you for your time and consideration of these issues that are incredibly important to the Fishtown community and the City at large.
Sincerely,
—
Ian Wilson
President
as told by roman blazic
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