civus
Hearing video

ZBA Hearing - June 14, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jun 14, 20235h 49m

We met with the community on May 23.

Similar wording

And from there, I'll just jump into my presentation. So we have 15 exhibits here. I know, you know, it's a little late in the day, so I'm just going to hop into the presentation here.

Similar wording

So, the first exhibit is the refusal. It was issued in November of last year. You can see that we have a refusal, A, for the proposed hair salon use, which is identified as retail hair products,

Similar wording

So the first exhibit is the refusal. It was issued in November of last year.

Similar wording

B, for the business and professional office use, which would be used in conjunction with the hair salon and leased to the same tenant,

Similar wording

And the final refusal relates to multiple principal uses proposed at this property, which would be the business and professional office, the hair salon, and the single-family use.

Similar wording

We met with the Parkwood Civic Association, which opposed this variance.

Similar wording

As you can see at the bottom, they're not necessarily opposed to a commercial use at this property, as you saw in the photo and as you'll see later.

Similar wording

You know, it looks at face value like a commercial space or an office space, and that's what we're hoping to do here.

Similar wording

They're just hyper-specific about exactly what type of office or commercial use they would like to be there.

Similar wording

Here's a petition.

Similar wording

So despite the community opposition, you can see actually a lot of nearby neighbors signed our petition in support of this proposed use.

Similar wording

here's a permit uh showing way back in uh till at least 1974 uh this is for one family dwelling

Similar wording

and a doctor's office that was proposed at that time

Similar wording

here's a zillow listing showing how the property was advertised to mr canaan at the time he

Similar wording

purchased the property almost a year ago um describing it as a mixed-use property with

Similar wording

living on one side and, you know, a business that you can rent out on the other side.

Similar wording

So they purchased this property under the impression that they could operate a business

Similar wording

here. We're now in this process, you know, seeking relief to allow them to rent out to

Similar wording

the specific tenant that they would like to. Here's a zoning map. This is an RSA for property,

Similar wording

you know in in name and per the code but again this corner property doesn't look at all like

Similar wording

a traditional rsa4 single-family used property it's also directly across the street from the

Similar wording

shopping center at that ca1 zoning classification and the cmx1 property across the street is a bank

Similar wording

so we are part of rsa4 but we we more so fall in line characteristically with the uses that

Similar wording

are across the street from us. Another map, you can see what I just described there, the bank and

Similar wording

the shopping center. We're at the corner of Medford Road and Academy Road. There are bus stops along

Similar wording

Academy Road and Medford, as well as on-street parking on Academy Road and Medford. And we're

Similar wording

actually pursuing the, you know, pending the zoning, the possibility of renting parking spaces

Similar wording

from the bank directly across the street. Here's some photographs. This is the front of the

Similar wording

property on Medford Road. The office space actually occupies a portion of this lower level

Similar wording

that you'll be able to see more clearly on the architectural drawings. It goes through to the

Similar wording

back of the property. And then the proposed hair salon would occupy this space here.

Similar wording

Here's zoning notice posters, corner of property. So there are two.

Similar wording

Here is right at the intersection. This is sort of head on at that commercial space,

Similar wording

that proposed commercial space this is back in 2007 so you saw the archives from 1974 this is

Similar wording

as far back as we can go on google street view showing what this looked like in 2007

Similar wording

would be highly cost prohibitive to convert this all back to comply with the zoning code

Similar wording

this is the rear of the property you can see there is an entry slash exit to the

Similar wording

office portion you saw the front on medford road this is the rear of the property

Similar wording

Here's to the right on Medford, and to the left on Medford,

Similar wording

you can see the shopping center across the street.

Similar wording

And then this is Academy Road to the right

Similar wording

of the property and to the left.

Similar wording

Okay, so here's the photos.

Similar wording

This is the interior of the proposed hair salon

Similar wording

and the bathroom at that proposed hair salon.

Similar wording

And then this is the proposed office space

Similar wording

at the rear of the property.

Similar wording

Here's the interior photographs of the residents,

Similar wording

single family home.

Similar wording

Here are the drawings of the commercial space. So you can see here, this is sort of an overview of the entire structure.

Similar wording

The hair salon is shaded here with the diagonal lines and is shown in more detail here, containing a bathroom, a few chairs, a few sinks, and sort of a receptionist counter.

Similar wording

And then here's the office space, which is identified and shaded at the rear of the property,

Similar wording

which you can see a small bathroom, small office space.

Similar wording

which you can see a small bathroom, small office space.

Similar wording

And then we've put together some pretty just basic floor plans

Similar wording

of the residential portion, three bedroom,

Similar wording

you know, two levels with entry on Medford Road.

Similar wording

Here's the meeting notice giving notification

Similar wording

to the community of our May 23rd meeting.

Similar wording

We were required to notify 44 properties of that meeting.

Similar wording

this is the list of those addresses mailing certificate here's our application for appeal

Similar wording

the deed of the property showing muher canaan is the owner of the property

Similar wording

and lastly is the tax clearance um at this point i'd like to call mr canaan to adopt my testimony

Similar wording

sure

Similar wording

sir

Similar wording

they've been allowed to speak Mr. Chair

Similar wording

could you state your name please

Similar wording

and spell for the court stenographer

Similar wording

yeah Mihir Kanan

Similar wording

Mihir M-U-H-I-A-R

Similar wording

Kanan K-A-N-A-N

Similar wording

right do you swear or affirm

Similar wording

to tell the truth the whole truth and nothing but the truth

Similar wording

swear

Similar wording

proceed counsel

Similar wording

Mr. Kanan did you hear my testimony

Similar wording

today

Similar wording

yes

Similar wording

and was it true and correct

Similar wording

yes and you adopt my testimony as if it were your own yes thank you questions from the board

Similar wording

no mr chairman questions or comments from the virtual audience

Similar wording

mr chair i have councilman o'neill on the line

Similar wording

hi councilman could you please state your name and mr chairman brian o'neill councilman for the

Similar wording

10th district, which includes the current property. I would like, and I appreciate the courtesy of

Similar wording

going first as a witness for the Protestants, but there are two members of the board of the RCO

Similar wording

and they've had two meetings, standing room only meetings, I can say.

Similar wording

Hold on a minute. Let me swear you in. Do you swear or affirm to tell the truth,

Similar wording

the whole truth, nothing but the truth?

Similar wording

Yes, I do. Thank you.

Similar wording

Continue, sir.

Similar wording

okay so if you could take um uh those those two speakers first i would prefer to go after them

Similar wording

sure fine jason bring them bring one of them all one at a time please yes sir i have mr jim

Similar wording

miller with his hand raised i've allowed him to speak hi sir could you state your name and spell

Similar wording

please for the court stenographer um my name is james miller j-a-m-e-s place names miller

Similar wording

m-i-l-l-e-r you swear or do you swear or affirm to tell the hold on sir do you swear or affirm to

Similar wording

tell the truth the whole truth nothing but the truth i do are you a neighbor i'm a neighbor i'm

Similar wording

not on the board okay that's fine they counsel me that so i'm a neighbor in the area of parkwood i

Similar wording

have attended the civic association meetings for a while now so this this property here

Similar wording

was a doctor's office at one time the new owners did construction inside without any permits

Similar wording

and then attempted to put up signage saying academy candy and soda a few days before their

Similar wording

opening they handed out flyers and post-it flyers i'm not sure if i can uh show my screen

Similar wording

or how to do that on here of the flyer well you could just you could just explain it to us we

Similar wording

i think we understand so the flyer showed uh numerous uh tobacco products uh hookah machines

Similar wording

and the gambling machines uh they're inside um i guess some corner stores throughout the city

Similar wording

uh something totally different than and a candy and soda so um i think there's a lot of level

Similar wording

of distrust in the community from the owner uh due to that fact and the fact that uh

Similar wording

the houses in parkwood uh they're residential so this sets a precedent

Similar wording

if this is allowed a house is allowed to be zoned commercial then who knows what's going

Similar wording

to open up um mr miller thank you for calling in we appreciate your input

Similar wording

mr chairman may i respond mr miller um alex would you want to wait a minute till we get the other

Similar wording

person comes up too and then you can respond all one time with that is that okay yep all right

Similar wording

thank you who's who's the next person the next person is just named donna i have allowed them

Similar wording

The next person is just named Donna. I have allowed them to speak, sir.

Similar wording

to speak, sir.

Similar wording

Okay.

Similar wording

Okay. Hi, could you state your name and spell it, please, for the court stenographer?

Similar wording

Ma'am, please unmute.

Similar wording

Hello?

Similar wording

Hello?

Similar wording

we still see her jason um yes but in the q a she's asking how to unmute

Similar wording

oh okay is there anyone else with your hand up jason

Similar wording

um yes richard lesinski i have allowed them to speak that's fine thank you

Similar wording

hello mr chairman hi could you state your name please and spell for the court reporter

Similar wording

sure my name is richard lisinski first name common spelling last name is l-e-s-i-n-s-k-i

Similar wording

and i am the president go ahead i'm sorry all right do you swear or firm to tell the truth

Similar wording

the whole truth nothing but the truth i do for she

Similar wording

okay i'm here on behalf of the parkwood civic association as its president and in that may 23rd

Similar wording

meeting we had uh an attendance in excess of 70 members and we held a vote after the presentation

Similar wording

and that vote was a unanimous no so i'd like the record to reflect that the the the majority

Similar wording

of the participating members of the civic association are vehemently opposed to to the

Similar wording

opening of this and just for a point of information the council for the showed showed the results of

Similar wording

the hearing okay fair enough thank you all right and thank you for going go ahead and we just have

Similar wording

concerns um like like uh mr miller had stated uh in his testimony there was basically a a gambling

Similar wording

hookah corner store that was going to be opened without permits and so i understand that the

Similar wording

intention is or at least the presentation of the intention has been changed which which is fine

Similar wording

however i'd also like uh i'd like to point out that in that presentation the renderings and the

Similar wording

pictures of the work that has been done to this hair salon was done to the best of my knowledge

Similar wording

after a cease order was issued by l and i so this work has all been constructed without permits

Similar wording

okay well i understand that um all right so obviously you're against this project me and

Similar wording

the majority of the i said thank you thank you for taking the time to call in um jason is that

Similar wording

donna there i mean she's unmuted now okay thank you donna could you say hi could you state your

Similar wording

name please and spell for the court stenographer sure my name is donna enstrom d-o-n-n-a last

Similar wording

name enstrom e-n-s like sam t-r-o and like mary all right do you swear all right do you swear or

Similar wording

affirm to tell the truth the whole truth nothing but the truth yes i do okay you're you're a resident

Similar wording

You're a neighbor, right?

Similar wording

I'm a resident.

Similar wording

I am a lifelong resident of Parkwood.

Similar wording

I'm an original family owner, and I am the secretary for the president for the Park and Civic Association.

Similar wording

All right, proceed.

Similar wording

I'd like to quickly go through and just summarize basically what this proceeding has been about.

Similar wording

In August of 2022, our president, upon being notified by some residents, visited the property because it was said to have been being constructed.

Similar wording

and we were interested since something was being commercially built in an area that has only ever

Similar wording

been allowed for commercial use for doctor's offices. Upon entering the building, he was told

Similar wording

by Mr. Muhar or Mr. Kanan that it is for hair product sales. Yet within one to two weeks after

Similar wording

that, a large lighted electric sign was placed up for academy beverages and candy. And then there

Similar wording

was grand opening ads advertised for September 5th for a grand opening that included THC products

Similar wording

which were marketed to children as Captain Cush. They were illegal. There was also video game

Similar wording

machines, hookah lounge, and smoke shop and bake shop products that were issued.

Similar wording

Applied many reports to 311. During that weekend, the L&I arrived at the property, shut it down,

Similar wording

and they were told not to continue with any construction until all zoning permits and

Similar wording

license were obtained in uh the uh at that time

Similar wording

were obtained in uh the uh at that time i happened to actually be present and i did question

Similar wording

the owner at that time if he had a resident uh in the property which he stated he did there is

Similar wording

no license for rental in that property nor has it been since 2012. um the week preceding the

Similar wording

grand opening after the um l and i was there and cited them for the violations again they were

Similar wording

told that they are not permitted to continue any construction until the zoning licensing and

Similar wording

permits were completed yet throughout that time until present day um they the property had been

Similar wording

under construction in the middle of the night like 3 a.m by onion non-union uh unlicensed as far as

Similar wording

we're aware um contractors further evidence to prove that that was going on is the fact that

Similar wording

They presented at our meeting on the 23rd of May, the actual photos of all the wonderful beautifications they made to the property.

Similar wording

However, all of that was done, again, illegally, unlicensed, unpermitted, unzoned, and against the violations they already received.

Similar wording

Our neighborhood was built in 1962 as a residential private area.

Similar wording

It was originally intended to be gated.

Similar wording

The only commercial use that's ever been intended or allowed is the end properties which were allowed for medical use for doctor's offices.

Similar wording

Because back in 1962, people didn't go outside their neighborhood for doctors.

Similar wording

They allowed that, and that's the only commercial use that has ever been permitted in an actual property.

Similar wording

As different as that doctor's office looked, it was never intended for retail or other commercial use.

Similar wording

We beg you to please not destroy our neighborhood by allowing this.

Similar wording

retail space in here.

Similar wording

And we believe that this began with deception

Similar wording

and has continued in deception,

Similar wording

and we hope that you will not support that owner's deception

Similar wording

by allowing this to go through.

Similar wording

We're vehemently opposed to this,

Similar wording

and we hope you'll agree with us.

Similar wording

Thank you very much for your time.

Similar wording

Thank you for your input.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

No, sir, only Mr. O'Neill.

Similar wording

Why don't we let Mr. O'Neill testify,

Similar wording

and now she'll have the last word.

Similar wording

Mr. O'Neill. Thank you, Mr. Chair. First, I would like to point out, I had met with Donna, the previous witness, last night at another event in Parkwood, and she pointed out to me that the petition that has been handed in, they're all in the same handwriting.

Similar wording

and it I looked at it on the screen and it's pretty verifiable you'd have to you don't have

Similar wording

to be a handwriting expert to know to to know they're all the same but I just point that out

Similar wording

because yeah the um uh this we had police officers up there last last Labor Day I had to get police

Similar wording

officers the L&I Commissioner because of this grand opening with all these products I've also

Similar wording

been told, again, by Donna, who's done a lot of research, she's the secretary and heavy lifter

Similar wording

of the Civic Association for many years. She's kind of the person that does everything for the

Similar wording

board. And she has told me that at that time, the phone number that was given out at the grand

Similar wording