civus
Hearing video

ZBA Hearing - June 3, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 3, 20266h 30m

and so we've at this point because we can't continue to have conversions into multi-family

Similar wording

units and not at least have some kind of benefit for the community because this is leading to more

Similar wording

displacement in our community and they state you might say well this doesn't have anything to do

Similar wording

with zoning it has a lot to do with zoning because of the fact at this point that if if they're not

Similar wording

showing any true hardship then at that point then why should the variance be granted so uh in this

Similar wording

right he after having a conversation with uh mr knockerson or at the time i think his assistant

Similar wording

his other staffer, they stated that they didn't want to do a binding agreement. They were not

Similar wording

interested. They want to do $1,600 for the unit and then they said they might do low-cost housing

Similar wording

but then I said we said to him well you know low-cost housing is a different type of language

Similar wording

than $1,600 and so we just I just want to put that on the record and we're going to be firm going

Similar wording

I just want to put that on the record, and we're going to be firm going forward that variant conversions cannot be just based on expansion or profit, or it needs to come with a benefit back to the community, and we're asking for the HUD recommendation of 1250 for a two-bedroom, and we feel as though with that support.

Similar wording

for it

Similar wording

now in turn we didn't know anything about no petition because rco is supposed to be fully

Similar wording

informed we did not know anything about that we don't know what was said on the petition and number

Similar wording

two the people at like i said at the meeting went forth with the vote so to be cut back on time and

Similar wording

people having to come back and you know and all that because you're not going to re-mail again

Similar wording

you know and that with the hopes of having still having this conversation but the cdc did vote in

Similar wording

favor of this am i correct we're saying the vote went through with the understanding that our

Similar wording

conversation was going to take place after the even though the vote was taken our parents thank

Similar wording

you very much for calling is there anyone else in the audience thank you i could just quickly

Similar wording

respond to that to see if there's anyone else is anyone else in the audience all right chair i do

Similar wording

not see i do not see any further hands at this time okay so as as you mentioned we have unanimous

Similar wording

support from the rco including two near neighbors i do believe we've met our burden given the two

Similar wording

unit structure and i have i did have communications over email with miss green over the past week

Similar wording

about affordable housing and i was honest with her i said listen we're going to do our best to

Similar wording

keep it at 1600 my client's not interested in signing some sort of deed restriction but we're

Similar wording

also not interested in doing anything super crazy high-end and and unaffordable so that's kind of

Similar wording

where we love things with her okay um planning commission amy boyd with the planning commission

Similar wording

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

Similar wording

i do please proceed the comprehensive plan recommends no change in zoning at this location

Similar wording

from the current rsi 5 residential single family this property has a documented history of being

Similar wording

split into two spaces the conversion of the previous commercial space into residential

Similar wording

brings the property more into the spirit of the residential nature of the zoning district the

Similar wording

The Planning Commission recommends that the board grant their requested variance for two family.

Similar wording

MI 2026, 000, 481, 1400 South 23rd Street, I vote yes.

Similar wording

Michael Johns, my vote is yes.

Similar wording

Cheryl Gaston, my vote is yes.

Similar wording

Tinetto Graham, my vote is yes.

Similar wording

Ryan McAdams, my vote is yes.

Similar wording

Tywin, my vote is yes.

Similar wording

Alex, are you doing 10?

Similar wording

I'm doing all.

Similar wording

Which is, what's the Hicken?

Similar wording

No.

Similar wording

All right. Could you ask your associate? Sure.

Similar wording

So, MI 2026-000-553-4931 Wissahickon Avenue. Alex Nockamson is the attorney. I mean,

Similar wording

Alan Nockamson is the attorney. Could you please state your name? No, you don't have to. You've

Similar wording

already been sworn. Just state your name for the record. Alan Nockamson. Could you identify your

Similar wording

client or relationship to this property? Yes, my client is Jomo LLC and in the virtual audience

Similar wording

is one of its members, Anthony Gray. And I see there's a letter of non-opposition

Similar wording

from Solo Germantown? We have several letters. Unlimited, non-opposition. Yeah, we have,

Similar wording

i believe several letters one from the 13th democratic board one from solo okay and one

Similar wording

from swamp poodle either in non-opposition or in support i don't know which one so but they're all

Similar wording

positive yeah no swamp poodle they sent um a letter right before um hearings this afternoon

Similar wording

they indicated they were in support with um two provisos um one being no drug consumption

Similar wording

administration or distribution and trash and recycling stored indoors except on collection

Similar wording

days and then they noted that they agree with adding landscaping increasing sidewalk trees as

Similar wording

well as other permissible provisos requested by affected rcos but our vice chair has a few

Similar wording

questions good afternoon have you submitted your documents and exhibits five days in advance of

Similar wording

this hearing yes we have and do you waive the reading of the refusals and stipulate to the

Similar wording

accuracy. I do. All right. Thank you. You can show your screen and proceed with your case.

Similar wording

Hi. So I'm here to present 4931 Wissahickon Avenue. As you can see, it's a corner property.

Similar wording

A little interesting tidbit. There's an Isaiah Zagar mural right here, which is a pretty famous

Similar wording

artists and in the philadelphia region uh so this property has been a multi

Similar wording

in the philadelphia region uh so this property has been a multi-unit structure for some time

Similar wording

um but we'll go over that uh we'll review the the 12 exhibits and again at the conclusion

Similar wording

my presentation i would ask that anthony gray virtually raise his hand and be sworn in sure

Similar wording

so this is an rsa5 property i would say it's an rsa5 property in name only given its history

Similar wording

It's a lot size of almost 2,300 square feet.

Similar wording

My client purchased the property from the chiropractor who's currently on the first floor.

Similar wording

So we're just trying to clean up some things here.

Similar wording

There's a chiropractor on the first floor, history of that.

Similar wording

There was a dentist on the second floor.

Similar wording

There's a history of that.

Similar wording

And then there was a therapist on the third floor.

Similar wording

I don't know if there was a history for that.

Similar wording

The dentist left on the second floor, and the therapist now wants to go on the second floor, and we want to convert the third floor into a single-family residence.

Similar wording

And so that's our refusal for uses as business and professional, medical, dental, health practitioner, sole practitioner, and single-family household living.

Similar wording

And we have two refusals.

Similar wording

First is about the business and professionals not allowed.

Similar wording

And then the second refusal is about the medical, dental, and health practitioner.

Similar wording

So we did meet with the community.

Similar wording

It was a very positive meeting, and I think we helped it along by agreeing to do trash storage inside.

Similar wording

I would disagree with the proviso.

Similar wording

No drugs administered.

Similar wording

While no one administers drugs, I think the therapist is a psychologist, not a psychiatrist.

Similar wording

There has been drugs administered on this property.

Similar wording

I would assume of some sort with the dentist on it previously.

Similar wording

So I would just say we want to keep this open.

Similar wording

There's a history of having someone who has had access to drugs, to administer drugs legally,

Similar wording

but right now there's not.

Similar wording

We just don't want to have to come through this process.

Similar wording

It's expensive.

Similar wording

It's time-consuming, and we would hope the board would consider that strongly.

Similar wording

Again, unanimous support based on the 13th award RCO letter.

Similar wording

and again this kind of summarizes what i just stated uh the really their their concern was

Similar wording

about trash maintenance and storage uh we also another and they were the coordinating rco you

Similar wording

know obviously all rcos should be considered equally solo you know was also a participant

Similar wording

uh participant during the meeting they were also in non-opposition um they had uh a request uh for

Similar wording

ventilated trash closet we don't think that's necessary for the third floor because we're going

Similar wording

to have a common storage area for trash we'll see and we would request that would be the case

Similar wording

rather than that they also had a request for no rooftop decks you know if we were providing we're

Similar wording

not having them um if we did we would have to obviously seek you know another zoning permit

Similar wording

and that's up to the board whether or not they want to you know put that proviso on there we

Similar wording

would ask for that not to happen. They also stated to have no exterior mailboxes. You'll

Similar wording

see from the pictures, there's already exterior mailboxes there. I think there's a long documented

Similar wording

history of that. Again, that's not an enforceable proviso anyway. And then the swamp poodle

Similar wording

letter um i guess kind of they have two provisos about trash storage um so uh and they asked for

Similar wording

commercial trash i guess commercial trash pickup we would respectfully say please do not put that

Similar wording

requirement on us it's only one residential unit above there's two light uses of of a business

Similar wording

there neither of which is going to have much trash you know for it so i think that would be overkill

Similar wording

to require commercial trash storage and then they say no parking in front of addresses i don't know

Similar wording

what that means this is public parking we're not going to be accommodating any parking from anyone

Similar wording

so i would leave it up to the board to i'm sure the representative from swan poodle will explain

Similar wording

that we have a petition well documented of people in support property history which shows again a

Similar wording

significant multi-use history for this property uh you can see from what's it we're in the corner

Similar wording

of what's the hicken and clapier street photographs of the property you get to see from here this

Similar wording

looks nothing like an rsa5 property and you can also see from the signage the chiropractic

Similar wording

office the former dental office there and you can see here here in the mailboxes um but you

Similar wording

know they have double doors here um long documented non-rsa5 history

Similar wording

long documented non-RSA-5 history. Proof of posting for today's hearing.

Similar wording

Wissahickon Avenue to the right of the property, to the left of the property. West Clapier

Similar wording

Street to the right of the property, to the left of the property. Tour of photos. So again,

Similar wording

this has been an active chiropractic office for as long as anyone can remember. The chiropractors

Similar wording

very well liked in the community there was a lot of positive discussion about him and making sure

Similar wording

they kept this use legal for him and his use is in the first floor in the lower level

Similar wording

which you can see from the pictures here

Similar wording

and then you can see this is the former dentist office on the second floor

Similar wording

and then i believe this is the therapist although i've been told there's a psychologist but it could

Similar wording

be a like a physical therapist but i was told it was a you know so we can flesh it out too

Similar wording

uh our plans very straightforward um like you know these are just you know simple cutouts

Similar wording

the spaces are existing really the only difference that i wanted to show the board was the

Similar wording

residential component that's being added on here so you can see there's two bedrooms there's a

Similar wording

living room there's a kitchen there's a bathroom the washer dryer is right here you can see that

Similar wording

the bedrooms have you know ample windows again no basement living this is our rco meeting notice

Similar wording

WE MET WITH THE COMMUNITY ON APRIL 28TH, WE SENT THE NOTICE OUT TO 65 PEOPLE.

Similar wording

THERE WERE AT LEAST 10 TO 15 PEOPLE IN THE AUDIENCE, I THINK THE VOTE SHOWS THAT.

Similar wording

PROOF OF MAILING, APPLICATIONS FOR ZONING VARIANTS,

Similar wording

OR DEED TO PROPERTY SHOWING THAT JOE MOE, LLC, IS THE OWNER,

Similar wording

AND THEIR CERTIFICATE OF TAX CLARANCE. WITH THAT BEING SAID,

Similar wording

I WOULD ASK THAT MR. GRAY VIRTUALLY RAISE HIS HAND AND BE SWORINED.

Similar wording

Mr. Gray, I'll be coming back in as a panel shortly, thank you.

Similar wording

okay can you hear me now and sir could you please state your name and spell for the stenographer

Similar wording

sure it's daryl anthony gray d-a-r-r-y-l anthony a-n-t-h-o-n-y last name gray g-r-a-y

Similar wording

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

Similar wording

yes i do would you please turn your video on please

Similar wording

okay i'm trying to find that let me see if i can if you can yeah i can it was on and uh hang on a

Similar wording

second yeah boy it's my video here we go i think i got it okay yeah you you you have it sir all right

Similar wording

yeah mr gray you heard everything i had to state today about your zoning matter

Similar wording

that is correct is it true and correct yes it is and do you adopt as your own testimony yes

Similar wording

i do specifically you're in agreement to a proviso where you would store the trash inside

Similar wording

the building structure yes i am all right board i did omit uh when i was going quickly through

Similar wording

the drawings i just wanted to make sure that the board sees this um this is where the trash will

Similar wording

be stored so just give me a second uh the trash room is right here if you remember these are the

Similar wording

double doors that lead into the common vestibule area there's a secondary access here too but

Similar wording

there's a significant room here that all residents well the one resident and the two businesses would

Similar wording

have as access for trash storage thank you questions for the board i just need clarity

Similar wording

so the second floor because it seems like you showed us the former dentist office yeah and

Similar wording

then the therapist office are there two separate businesses on the second floor no there would just

Similar wording

be one the dentist left the dentist that's an older an old photo but there is no dentist there

Similar wording

right mr gray i just want to make sure i'm accurate mr gray is has the dentist left the

Similar wording

premises yes the dentist is vacated in the therapist on that floor so okay yeah so it's

Similar wording

just the updated photo of the interior conditions that's right got it and then do you know how many

Similar wording

um patients each of the businesses on the first and the second floor typically see um in a day

Similar wording

in a day uh i cannot speak to that um trying to get a sense of volume of people right because i

Similar wording

uh i cannot speak to

Similar wording

think uh specifically as you guys asked to not have commercial tracks pick up it did look like

Similar wording

the business on the first floor has like at least four could have up to four to five people

Similar wording

on premises at a time because you had three seats in the waiting room there was a

Similar wording

receptionist desk there's a office desk in the back and i'm assuming there's an exam room

Similar wording

um and so just trying to get a sense of like how many people are going to be on premises kind of

Similar wording

typically to justify because while i understand you saying these are minimal use businesses now

Similar wording

these are pretty general categories that are getting approved and that this would stay with

Similar wording

the property so like commercial trash pickup could mean something different if a different

Similar wording

business came behind it that happened to generate more trash yeah and that's fair and let me just

Similar wording

of the hours of operation for the chiropractor. He's at the tail end of his career. He's an older

Similar wording

gentleman, but according to my notes, Monday from 3.30 p.m. to 7 p.m., Tuesday 8 a.m. to 12.30 p.m.,

Similar wording

Wednesday 3.30 p.m. to 7 p.m., Thursday 9 a.m. to 12.30 p.m., Friday noon to 6, and then just walk-ins

Similar wording

are welcome, but appointments are encouraged. So it stands for HIT, right? But like once it's

Similar wording

approved another person could come in behind him and they could be running a very different medical

Similar wording

practice that has more trash and more more patients we always defer to the board if it

Similar wording

makes sense to have commercial trash pickup to protect the community then you know that's

Similar wording

something that we obviously we would abide by as a provider so other questions yes yes my question

Similar wording

um what was this with the room that seemed to have a bedroom or something i think i would um

Similar wording

mr gray yes therapist is is that a psychologist or physical therapist she's a mental health

Similar wording

provider on that on the second level mental health okay and by counseling okay and there

Similar wording

was like a like a almost like a table like a table of some sort do you know what that's for

Similar wording

i'm sorry the table on the third floor yeah i'll show you the table um when i looked at my when i

Similar wording

looked at the drawings or the pictures too i was like is the therapist like mental or physical right

Similar wording

so um let me just take a look right here okay those pictures are antiquated that is no longer

Similar wording

exist when i bought the property the chiropractor indicated to me who was the owner of the property

Similar wording

previous to me buying he's my tenant now there used to be a massage therapist on that floor

Similar wording

that floor was just rated as storage and there's nobody up there and i didn't uh inherit anything

Similar wording

i apologize we took this from the zillow listing um but that must be an older photograph but there

Similar wording

was but wasn't there another picture where it looked like it was like a bed or something yeah

Similar wording

yeah so that was a massage therapist but that's no longer there what do you know what floor that

Similar wording

is yes that is the third floor it is totally vacant and again when i bought the property

Similar wording

it was vacant at that time and used just for storage from the chiropractor the owner who was

Similar wording

the owner at the time and and this is the floor where you're going to put in a single family

Similar wording

that's correct two bedrooms yes so is there already a kitchen and things like that there

Similar wording