civus
Hearing video

ZBA Hearing - November 18, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Nov 18, 20251h 19m

Thank you. I would worry. All right. Wait a minute. Questions or comments from the virtual audience?

Similar wording

Here we have a caller ending in 3552. Adrian Fernandez, they have been unmuted and allowed

Similar wording

to speak

Similar wording

good morning Adrian you've already been sworn

Similar wording

you've already been sworn

Similar wording

just state your name and start your testimony

Similar wording

okay

Similar wording

we did send in a

Similar wording

letter

Similar wording

Adrian just state your name first

Similar wording

say my name yeah

Similar wording

okay Adrian

Similar wording

Fernandez okay then start your

Similar wording

presentation

Similar wording

okay we're asking

Similar wording

that we do have a compliant process here, RCOs, the affected RCOs were emailed by this applicant

Similar wording

and we answered back in each case.

Similar wording

That would be a swamped RCO, all-in-the-family first, and also strawberry matching concern.

Similar wording

All-in-the-family early on even offered extensive assistance with helping the applicant to follow

Similar wording

the instructions from ZBA and Philadelphia City Planning Commission.

Similar wording

We have not heard anything from this applicant since the 8-27-25 hearing.

Similar wording

We would like to not forego our right to have a public meeting, especially now.

Similar wording

We just learned about this hearing last night because Strawberry Mansion Concern noticed it on the schedule.

Similar wording

We did not see it during October, and we did not receive an email from ZBA showing the notice of continuance and any posters.

Similar wording

the property was never posted and recently there was an eight and a half by 11 paper

Similar wording

placed over six feet tall that could not be read i still don't know what it says

Similar wording

um we saw that last night but the property was never posted we turned in photographs showing that

Similar wording

um throughout 2025 just since we were aware of it so we would like to have our right to a public

Similar wording

meeting especially learning today that multiple uses are being requested on that small street

Similar wording

the neighbors have notified us at three to four other public hearings along that street

Similar wording

that they do not want hair salons there so we are concerned that they be properly notified

Similar wording

we're proof of mailing that they get a chance to have a public meeting so we're asking if

Similar wording

there's a resumption hearing because nobody knew about today's hearing in our community that the

Similar wording

public comment be also heard during a resumption hearing i wouldn't be here if strawberry magic

Similar wording

concern didn't tell me yesterday evening that this hearing was today and i do check the schedule

Similar wording

regularly so we're asking also that we have full knowledge of the amended refusal because

Similar wording

Because we do not like to have public meetings without a correct refusal so that neighbors are truthfully and factually aware of what the meeting is about and what the property, what type of zoning use the property is asking for by variance with special exception.

Similar wording

So, again, we're asking that the public comment be heard at the resumption hearing, hopefully after the holidays, because it's difficult to schedule meetings during the holidays, major holiday periods, like Thanksgiving and Christmas, and also that we have full knowledge and documentation of the amended refusals so we know what the hearing is actually about.

Similar wording

Thank you very much.

Similar wording

Thank you.

Similar wording

Anyone else in the virtual audience?

Similar wording

I see no hands, Chair.

Similar wording

Plenty, do you want to make comment now or do you want to hold?

Similar wording

Chair, we can make comment.

Similar wording

Sure.

Similar wording

Yep.

Similar wording

All right.

Similar wording

Go ahead, state your name.

Similar wording

Good morning, Commissioners and Chairman David Vecto, F-E-C-T-E-A-U with the City Planning Commission.

Similar wording

Do you swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, sir, I do.

Similar wording

Please proceed.

Similar wording

Chairman and board members, the comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location.

Similar wording

The city rezoned this neighborhood in 2014 in accord with recommendations in the comprehensive plan.

Similar wording

the city rezoned this neighborhood in 2014 in accord with recommendations in the comprehensive

Similar wording

plan at that time this property was zoned cmx 2 commercial mixed use the city issued a permit

Similar wording

in 2009 for personal services and a permit in 2011 for another commercial use the proposed use

Similar wording

or uses are in keeping with documented prior use the city planning commission recommends the board

Similar wording

grant the requested variance for personal services and other uses described in the appellant's

Similar wording

testimony. Thank you very much. So we're going to have a resumptive hearing on this on 2-3-26

Similar wording

at 9 30 a.m. And go ahead. I have proof that I did reach out email to everybody and my posters

Similar wording

were up and everything. Oh okay. Your testimony and we understand it all right. So it'll be 2-3-26

Similar wording

at 9 30 a.m and the staff is going to help you with your amended refusal okay okay thank you

Similar wording

oh did you want to speak to the okay no thank you who do we want to speak to no that's okay

Similar wording

thank you all right

Similar wording

number four mi 2025 002 163 1410 to 26 what cheltenham avenue this is a resumptive hearing

Similar wording

Rachel Pritzker is the attorney.

Similar wording

He's coming back in as a panelist now, Chair.

Similar wording

Okay.

Similar wording

Good morning.

Similar wording

Good morning, Counsel.

Similar wording

Could you please state your name and spell for the stenographer?

Similar wording

Yes, it's Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes.

Similar wording

So this is a resumptive hearing. And my understanding is that you will make a presentation of the amended refusal and revised plans. There'll be questions from the board, public testimony, and then a planning recommendation. So could you please start your presentation?

Similar wording

Yes. And I apologize. I'm a bit under the weather. So I'm going to try not to cough, but I'm not feeling my best today. But I wanted to make sure to get through this. So this is 1410 to 26 and 1428 West Shelton Ham Avenue.

Similar wording

um that my client is jerry johnson on behalf of blue diamond car and truck spot llc we also have

Similar wording

our architect here with us rustin oler and we have um our engineers here as well

Similar wording

this was a little bit ago so the board may not have it fresh in their mind but um this was is

Similar wording

basically for a lot line relocation to turn three lots into two um and we're doing a demolition

Similar wording

of the structures on one lot to do a brand new personal vehicle repair maintenance, a car wash

Similar wording

with seven accessory off-street surface parking spaces, a van accessible space, and then the

Similar wording

existing three-story structure will remain on the other lot. We went back for an amended refusal

Similar wording

because as you can see from the refusal on my screen, some of the landscape buffering and the

Similar wording

landscape requirements were still contained on the refusal despite making changes to them in the

Similar wording

actual plans, but we had not completed fully the process with the Planning Commission. So what you

Similar wording

see in front of you is the amended refusal that was revised to basically show the compliance with

Similar wording

all of the Planning Commission requirements for landscaping and the waivers that we obtained

Similar wording

because what we're proposing is in keeping with the spirit of what's required from a landscaping

Similar wording

perspective. So all that we have here on the amended refusal or revised refusal is just for

Similar wording

the use, which is for personal vehicle repair. The site is zoned CMX2 and has a refusal for

Similar wording

that specific use in CMX2. Here's our leave to amend letter just stating the changes.

Similar wording

And again, this was really just related to making sure that the refusal reflected the compliance with the landscape requirements.

Similar wording

I don't know that I need to go back through the hardship argument.

Similar wording

I'm happy to if the board would like.

Similar wording

I just think maybe refreshing the board on the plans and then just going through again the landscaping compliance would be helpful.

Similar wording

We also had support. So this is the site, if you remember, half of the on this side of the street is Philadelphia County on the other side of the street is different.

Similar wording

So not a whole ton of affected neighbors on this side of the street, just given the oddness of the split municipal townships, I guess, if you if you could say this is just an aerial of the site, if you recall.

Similar wording

townships, I guess, if you could say. This is just an aerial of the site, if you recall.

Similar wording

And so again, while it's zoned CMX2, it's been sort of auto-oriented and is on a pretty busy

Similar wording

street. A lot of the conversation we had in the prior hearing was about turning radius and the

Similar wording

parking and just making sure that we had thought through sort of how to get in and out of the site

Similar wording

and not too much idling, and that we're actually including more parking spaces than required

Similar wording

so that we can make sure to mitigate any concerns with parking and idling on the street.

Similar wording

This is just the zoning posters, again, a fenced-in lot.

Similar wording

Same as before, just a little bit further away, views of the site.

Similar wording

Here's just the portion of the code where we don't comply.

Similar wording

CMX2 doesn't allow for a car wash.

Similar wording

We did a community meeting over the summer, and we had support.

Similar wording

These are the notices for mailing, and we had support from the 10th Ward Democratic RCO for this.

Similar wording

Let's see if I can make sure.

Similar wording

11 in support and one opposed to the project.

Similar wording

And then just the plans showing the lot line relocation.

Similar wording

New legal descriptions, site plans, as well, turning radius, elevation of the existing structure, and then the site plan with more of the renderings.

Similar wording

Also showing the landscaping, buffering, and green space to comply with the planning commission requirements as well.

Similar wording

A rendering of the site, rendering of it at night, a little more artistic rendering of it, and then this was more of a landscaping plan as well.

Similar wording

I don't know if we want to bring on our architect or engineer to go through this in more detail, but essentially we're now in compliance.

Similar wording

Well, they testified the last time, am I correct?

Similar wording

Yeah, they did.

Similar wording

Is there anything you want to do that you want them to bring out?

Similar wording

Maybe they can just briefly go over just because I don't have a license to discuss architectural plans or engineering plans.

Similar wording

so just for benefit of the record just having them briefly go through it and if in the event

Similar wording

the board had any questions the only thing i would want is if there's something different

Similar wording

okay i don't want to you know if you tell me there's something different you think one of

Similar wording

them yeah do that there was there's nothing different essentially we just had not gotten

Similar wording

an amended refusal we had reviewed this with the planning commission they had sort of signed off

Similar wording

on the plans but we had not finalized the process the way that we had thought we had so we that

Similar wording

that's the whole point of why we went back through but we're meeting the requirements and we have a

Similar wording

waiver for any elements that we can't meet but that are in spirit with what the planning commission

Similar wording

requires for landscape buffering okay um and more detail on the shrubberies and the planting scheme

Similar wording

um and then obviously the the proviso plan form so um did you see the proviso's the 10th word had

Similar wording

commercial trash pick up two times a week

Similar wording

and no illuminator and animated signs?

Similar wording

Yes, and I believe we were fine with those, yes.

Similar wording

Okay, all right.

Similar wording

Do you want to bring your client on

Similar wording

to adopt your new testimony?

Similar wording

Yes.

Similar wording

Is Jerry Johnson in the audience?

Similar wording

The only, I think,

Similar wording

just point of clarification

Similar wording

that we discussed related to the lighting

Similar wording

was that it would be front lit nothing would be rear lit um we don't have a we're going to have

Similar wording

a sign we don't have it on this application but just we i think we had agreed that we weren't

Similar wording

going to have it lit in the rear at all on the site so that it would not be there's that apartment

Similar wording

building behind in a parking lot okay i'm here could you please state your names there and

Similar wording

spelled for the stenographer uh jerry johnson uh j-e-r-r-y johnson j-o-h-n-s-o-n do you swear

Similar wording

or firm to tell the truth the whole truth and nothing but the truth yes sir counsel jerry

Similar wording

have you heard my testimony today do you believe it to be true and accurate and do you adopt it as

Similar wording

your own. Yes. Thank you. Questions from the board.

Similar wording

Just some booth. Yeah. Did I see you said there was something about an apartment building? I thought

Similar wording

you said there weren't too many residences. Yeah, there's an apartment building in the back

Similar wording

too many um residences close yeah there's an apartment building in the back of the site which

Similar wording

we uh went over um when we first presented the case yeah but like were they they were part of

Similar wording

the mailing that went yes everybody was notified it just was a limited list just given had half the

Similar wording

side of the property is not even in philadelphia county so it just was a weird just the location

Similar wording

is unique in that way it's my first time experiencing that all right thank you sure

Similar wording

questions from our attorney

Similar wording

not at this time mr chair their comments from the virtual audience

Similar wording

i see no hands chair

Similar wording

um planning commission thank you chairman and good morning david

Similar wording

with the city planning commission chairman and board members the comprehensive plan recommends

Similar wording

no change to the cmx2 commercial mixed use zoning at this location the city rezoned this neighborhood

Similar wording

in 1977 in a council supported map change according to the 1942 works progress administration land use

Similar wording

map this property was recorded as a gasoline station back then the property appears to have

Similar wording

been in constant use as an auto related business since then a city planning commission recommends

Similar wording

the board grant the proposed use variants for personal vehicle repair and maintenance thank

Similar wording

you um mi 2025 002 163 1410 to 26 west cheltenham avenue i vote yes with provisos

Similar wording

commercial trash pickup two times a week no illuminator or animated signs

Similar wording

And Mr. Chair, there's an amended refusal as well.

Similar wording

Her amended refusal dated 10-6-25.

Similar wording

Cheryl Gaston, my vote is yes with provisos.

Similar wording

Tanetta Graham, my vote is yes with provisos.

Similar wording

Ryan McAdams, my vote is yes with provisos.

Similar wording

Tywin, my vote is yes with provisos.

Similar wording

Okay, Rachel, we have one more for you.

Similar wording

M-I-2025-002-666-9313 Busselton Avenue.

Similar wording

Rachel Pritzker is the attorney.

Similar wording

Rachel, just state your name, please.

Similar wording

Yeah, Rachel Pritzker, P-R-I-T-Z-K-E-R.

Similar wording

There's unanimous support from the Greater Busselton Civic Association,

Similar wording

a letter of support from Council Member O'Neill,

Similar wording

and also six form letters from neighbors adjacent.

Similar wording

Our vice chair has a few questions.

Similar wording

Good morning.

Similar wording

Have you submitted your documents five days in advance of this hearing?

Similar wording

Yes.

Similar wording

And do you waive the reading of the referral and stipulate to its accuracy?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

You can proceed with the case.

Similar wording

Thank you.

Similar wording

So this is 9313 Old Busselton Avenue.

Similar wording

My client is Rachel Gonzalez on behalf of Land of Learning.

Similar wording

And our architect is Carl M. Berger, should we need to bring him on.

Similar wording

In front of you is the referral, as mentioned, the property is zoned CMX1 and RSA2.

Similar wording

And this is just an application to extend the existing use of a child care center on the first floor to the second floor of an existing detached structure.

Similar wording

And that is the only referral and variance that we're seeking, or I guess special exception that we're seeking today.

Similar wording

The Land of Learning is an experienced child care center that operates out of the first floor of the property.

Similar wording