Can I subdivide and build in NE Philadelphia RSA-3?

Can I subdivide and build in NE Philadelphia RSA-3?

Rental Property Investor · Member since 2018 · 10 posts · 3 votes

Hi. I have a triplex in North East Philadelphia (Burholme) on a double lot zoned RSA-3. The existing triplex is detached and built along the outer edge of the property line -- probably long before the current zoning rules went into effect. I would like to subdivide and build on the lot that is now predominantly empty (used for parking). Since the existing property was not built to be an attached property, any new build would need to be detached.

The problem I see is that building a detached house in RSA-3 would require 8 feet of side yard on both sides. Considering the lot is 25’ wide, that would only leave me 9’ of width to build by right. It doesn't seem practical.

So.. I'm looking to see if there is a creative solution to this.

Can I build a ‘detached’ house along the property line without any windows on the property line side similar to how it would be if I were building two attached houses side-by-side on these lots? That would let me build a house 16’ wide. Arguably, one day if the triplex is demolished, an attached house adjacent to the one I build could replace it.

What about 9’ wide building with bump outs on the second and third floor? That might provide another 2-3’ on each side. But will zoning allow for that? I can't seem to find any good information on what's allowed with bump outs.

If not, is there a way for me to somehow ‘attach’ these houses and be in compliance with code? I’m thinking a breezeway or something like that.

Or… do I subdivide and then attempt to go the variance route? 

Of course, I am looking to avoid the expense for subdivision if I will be completely out-of-luck for developing the property.

Any help appreciated.

Thanks,

Brian

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  • Investor · Montgomery County, PA · Member since 2020 · 255 posts · 238 votes
    4y

    Surprised you can't build attached with RSA-3 Zoning. 9' would definitely not be wide enough to attract tenants or buyers. I would consult the zoning guide/ZBA to see if there are any work arounds: https://www.phila.gov/media/20...

  • Rental Property Investor · Member since 2018 · 10 posts · 3 votes
    4y

    @Alex Uman

    Thanks. I went through that and everything else I could get my hands on.

    Again, the issue is that the existing property was built on the outer property line of the double lot (where the side yard should be), not the inner property line as in the diagrams.

  • Contractor · Chadds Ford, PA · Member since 2015 · 567 posts · 460 votes
    4y

    Hey @Brian Amirian hope all is well! 

    That’s a good idea building it as an “attached unit” even though there isn’t actually anything on the adjacent lot to attach to. Does the rest of the neighborhood/block have attached buildings? That could be an issue if not. 

    Is the whole combined lot currently RSA-3, and the triplex is just either a variance or grandfathered in? One thing the city might want to do is make the new spun off lot zoned RSA-3 and the lot with the existing building an RM zoning. If they do that then your theory of making the new building attached gets trickier. 

    I haven’t dealt with the subdivision part, since most Philly lots I see are already too small to do anything with. 

    Unfortunately, I think the best way to address this would be to review with a zoning attorney. I can give you a reference if you need one. The initial review would probably not be very expensive but very insightful. 

    Hope this helps!

  • Rental Property Investor · Member since 2018 · 10 posts · 3 votes
    4y

    All is well Rich. I hope the same for you and Alex!

    Most of the neighborhood is single family side-by-side attached. My triplex is grandfathered in.

    I did speak to a few attorneys thus far and the conversation usually gets me to an agreement that I can do the subdivision by right but ends there.

  • Contractor · Chadds Ford, PA · Member since 2015 · 567 posts · 460 votes
    4y

    @Brian Amirian sounds like you have the green (maybe yellow...) light then! I will keep in touch to hear how this goes. Good luck! 

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