civus
Hearing video

ZBA Hearing - August 6, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 6, 20255h 46m

is zoned RSA-5 single family. It's within a block of Frankfurt Avenue to the east,

Similar wording

Girard Avenue to the north, and right beside I-95 to the south. This is a 3,000, approximately

Similar wording

3,000 square foot lot. It's uniquely larger than the neighboring lots. And as you can see,

Similar wording

it's wedged between the much taller I-95 overpass to the south, the Old World Warehouse condos

Similar wording

to the north, and the Frankfurt lofts to the east. Here's another area where you can get a

Similar wording

better view of those warehouse lofts to the north and see the scale of the surrounding properties

Similar wording

here. Here's another street level from the north. Again, you have I-95 here on the left,

Similar wording

the Old World lofts on the right, and the Fishtown lofts in the rear. Additional site

Similar wording

photographs are enclosed in your packet. Here are some of them. The subject application

Similar wording

is for four single-family homes, all with all three minimal refusals shown here

Similar wording

in direct and specific response to the request of neighbors that Scott met with to provide

Similar wording

parking for each of the four homes, specifically with built-in car stacking to provide for

Similar wording

additional spaces and all through a shared drive aisle in the rear that is accessible from a single

Similar wording

curb cut off Shack and Axon Street. So the first item here is a technical multifamily refusal

Similar wording

for the planned unit development that allows the driveway to be shared and maintained

Similar wording

amongst the four owners of what are ostensibly four single-family homes, but technically

Similar wording

because of the PUD. This qualifies as a multifamily refusal. And the other two

Similar wording

dimensional items are for approximately seven-foot allowances for one, driveways.

Similar wording

seven-foot allowances for, one, driveways, the shared drive aisles in the rear yard

Similar wording

that I mentioned, and second, garages connecting the driveways to the homes beneath each of those

Similar wording

three-story homes, which the other homes on the block are also three-story homes.

Similar wording

The approximate five-foot height differential that I mentioned includes the need, as noted in the proviso plans here, for two feet of ground floor space to allow for Philadelphia Water Department-required sanitary sewer connections in the shared drive aisle,

Similar wording

with a corresponding one foot decrease in the garage depth for the larger stair footprint

Similar wording

that's shown here. We want to thank the board's council and Fishtown Neighborhood Association

Similar wording

for your review of those proviso plans in relation to this application. Otherwise, Mr. Chair,

Similar wording

The plans for each of the four new approximately 3,000-square-foot, three-bedroom homes

Similar wording

remains unchanged.

Similar wording

Here's the garage with the access to optional car stacking as well as trash storage

Similar wording

directly connecting to the first-floor living room, shown here,

Similar wording

all with open layout for the living and dining areas.

Similar wording

Upstairs on the second and third floors, you have spacious bedrooms, each with access to open space area, including the roof deck picture here, which is set back from the streets and outfitted with solar canopies.

Similar wording

Here are renderings from Wildey Street without the street trees, so you can see all the attention to detail on the facade and here with two new street trees.

Similar wording

And here is rendering where you can see the Shackamaxon Street side of the property.

Similar wording

I should note here that the latest collaborative design discussion with the Fishtown Neighbors Association

Similar wording

has been a discussion to add lighting to the Shackamaxon Street area between this subject

Similar wording

property and the I-95 underpass. Throughout this process, as I mentioned, there was a lot

Similar wording

of collaboration between Scott Sperry, the owner, who's an active member of FNA, as well

Similar wording

with the neighbors, as well as with the architect, Carrie Jackson Yance, who is here with us today.

Similar wording

Here is the support letter from the coordinating RCO, Fishtown Neighbors Association,

Similar wording

summarizing how the applicant fully engaged neighbors at and before a May 6th meeting

Similar wording

with regards to every detail of the project, including the refusal items, which, as I mentioned

Similar wording

earlier and is highlighted here, all relate to the neighbor requested parking spaces for each unit.

Similar wording

Here is the vote. You can see there's unanimous support from the nearby neighbors,

Similar wording

from Councilman Squilla. We have a letter of corresponding non-opposition and we have a few

Similar wording

pages here of 34 signatures of near neighbors. You'll see these are all Shackamaks and street

Similar wording

addresses within a block of the subject property. For those neighbors who couldn't attend today but

Similar wording

wanted to send a letter, we have additional support letters from near neighbors referring

Similar wording

to the design of this project as, quote, considerate and generous, collaborative in the way that

Similar wording

they, quote, preserve, activate, and brighten the blend of traditional, industrial, and

Similar wording

modern buildings in this area near I-95, and again, with reference to Scott's personal

Similar wording

commitment to FNA and the neighborhood, again, from trash day to community events, large

Similar wording

and small. Mr. Chair, in conclusion, we submit that grant of the proposed variance relief

Similar wording

advances the spirit of the code, will not alter the character of the neighborhood,

Similar wording

or be detrimental to public welfare. Rather, as you've seen from the aerials and support for

Similar wording

this project, this thoughtfully designed proposal fits the type and scale of buildings

Similar wording

in the neighborhood. The proposal is consistent with recent prior approvals and represents

Similar wording

the minimum variance to afford relief and least modification possible of the regulation.

Similar wording

The minimum variance to afford relief and least modification possible of the regulation

Similar wording

at issue, specifically all three items in the refusal, as I mentioned, the PUD and the

Similar wording

minor height and rear yard accommodations are specifically to serve a neighbor request

Similar wording

for parking in the rear with a shared driveway accessed by a single curb cut on Shackamaxon

Similar wording

Street.

Similar wording

And lastly, all of these features, particularly the parking, ensure that the proposal will not substantially increase congestion, adversely impact trash, unduly burdened public facilities, or otherwise endanger public health, safety, welfare, or the environment.

Similar wording

Members of the board, thank you for your time this afternoon.

Similar wording

Scott Sperry is here to adopt and affirm my testimony.

Similar wording

Okay.

Similar wording

If it promoted to panel, they'll be coming back in shortly.

Similar wording

i think i see scott on the screen

Similar wording

hello hi sir could you please state your name and spell for the stenographer

Similar wording

sure it's scott sperry s-c-o-t-t s-p-e-r-r-y do you swear or affirm to tell the truth the

Similar wording

whole truth nothing but the truth yes please proceed counsel thank you mr chair and good

Similar wording

afternoon mr sperry how are you this afternoon good thank you eric uh mr sperry have you heard

Similar wording

the entirety of my testimony from the virtual audience this afternoon?

Similar wording

Yes. And is it true

Similar wording

and accurate to the best of your knowledge? Yes.

Similar wording

And will you now adopt my testimony as your own?

Similar wording

I will. Thank you, Mr. Sperry.

Similar wording

Questions from the board?

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Comments from the virtual audience?

Similar wording

yes sure i have a hand up um robert fna chair yep okay go ahead and

Similar wording

promote them this will be back in shortly all right thank you

Similar wording

i am here hi mr everett could you please state your name and spell for the stenographer

Similar wording

certainly first name is robert last name everett e-v-e-r-e-t-t and i do swear or affirm you know

Similar wording

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

Similar wording

sir well you have our letter so if there's any questions about anything i'm here if there's

Similar wording

other people from the community as uh was noted earlier all right thank you very much thank you

Similar wording

Is there anyone else in the virtual audience?

Similar wording

No further answer, Mr. Chair.

Similar wording

Okay.

Similar wording

Planning Commission.

Similar wording

Thank you, Chairman, and good afternoon.

Similar wording

David Vecto with the City Planning Commission.

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

This is a 3,158-square-foot lot.

Similar wording

lot if this lot were able to be divided assuming all dimensional requirements could be met the

Similar wording

appellant would be allowed to create three house Lots the appellant proposes four the city planning

Similar wording

commission recommends of the board grant the proposed use variance for multi-family dwellings

Similar wording

but with a maximum of three dwelling units grant the additional height due to the location of a

Similar wording

sanitary soar and deny the proposed dimensional variance for not providing a rear yard

Similar wording

Okay. On MI 2025, 001-797-1034 Shackamackson Street, I vote yes. Proviso, per refusal, dated 4-4-25. Revised plans, two pages, stamped by ZBA on August 6, 2025.

Similar wording

Michael Johns, my vote is yes, with Proviso.

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

Iowen, my vote is yes, with provisos.

Similar wording

Thank you, counsel.

Similar wording

Thank you all for your time.

Similar wording

All right, number eight, MI 2025-001-822-1925.

Similar wording

mi2025 001 822 1924 to 36 washington avenue justin crick is the attorney

Similar wording

we do not have an rco letter at this point it should be coming back in as a panel of short

Similar wording

mr chair okay good morning members of the board hi mr mr crick could you please state your name

Similar wording

and spell for the stenographer yes justin j-u-s-t-i-n crick k-r-i-k right do you swear or affirm

Similar wording

to tell the truth the whole truth and nothing but the truth i do but you identify your client

Similar wording

a relationship to the property yes my client is 1936 washington avenue llc it is the current owner

Similar wording

of the property having acquired title back in may of this year prior to that at the time of the

Similar wording

application. It was a tenant that had access and control over the property, but has since taken

Similar wording

title. And I have the representative, Ori Fibush, available to testify, as well as Amher Scott,

Similar wording

who is a proposed tenant, if the use is granted. Board member, Graham has a few questions for you.

Similar wording

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

Similar wording

yes and do you waive the reading of the refusal and stipulate to its accuracy

Similar wording

i do okay thank you you may share your screen and proceed

Similar wording

okay all right members of the board thank you uh we're here today seeking a use variance for

Similar wording

the property it's located at 1924-1936 washington avenue um and we currently

Similar wording

have the Point Breeze Community Development Coalition as the registered RCO.

Similar wording

The refusal and application show that this is broken down. What we're looking to do is use

Similar wording

this first floor area, which is approximately a total of 6,220 square feet, for food beverage

Similar wording

grocery store to include fresh meat shop, which is a halal butcher. And then a portion of that

Similar wording

is used for the eating and drinking establishment that will have prepared food shop for sit down

Similar wording

and take out food. I will explain a little bit more of how that breakdown looks, but we don't

Similar wording

necessarily have an exact floor plan because the concepts will be revised as the development is

Similar wording

done if the zoning is granted. But these areas will be matched because that is what requires and

Similar wording

triggered some of the refusals we got. So we don't anticipate changing the necessary square feet

Similar wording

of what the sections will be used for, but you'll see from the conceptual designs that this is more

Similar wording

of an open floor plan for this establishment and just trying to explain where the uses shift.

Similar wording

So because this is an I2 property, which is basically a medium industrial, we are looking to

Similar wording

And we need a variance because the commercial uses that are intended, there are three here that you'll see that all receive that refusal, one for the retail food and beverage sale and grocery, another for the sit-down restaurant portion, and another for the takeout.

Similar wording

And I'll go into the reason why we believe the refusals and the variance should be granted for the uses.

Similar wording

And then because of the square footage of the use and the type of use, there are parking requirements regarding the sale of groceries and then the eating and drinking establishments.

Similar wording

As you will see, we did not propose any parking.

Similar wording

I will explain and show the nature of the building and surrounding area and why we believe that this is also a hardship on the applicant.

Similar wording

If you would, I'd like to note that this board has previously granted, as recently as last November, for second floor of this building to be used for personal services as a fitness center, and that did get approved with support from the neighboring community as well as this board.

Similar wording

And we already have existing uses in this building on the first floor of an artisan bakery, as well as office and office space.

Similar wording

So the office space located on the first floor is what is going to be leaving in the event that this is granted and the proposed tenant would be entering with this grocery and food market.

Similar wording

So the property is a fairly large property located at the corner of Washington Avenue and 20th Street.

Similar wording

I'll note that in the rear of the property is Alter Street.

Similar wording

And this is important because when we talk about trash, this is a related street because currently there are two dumpsters that service this property in the back here.

Similar wording

And I will go into some of the neighboring concerns and what the landlord, I'm sorry, the current owner has discussed with the neighboring community about what trash.

Similar wording

uh, has, uh, discussed with the neighboring community about what trash might look like.

Similar wording

Um, but existing conditions of trash, uh, there is an existing contract with commercial pickup,

Similar wording

uh, with a company, with a company called Philly wide. Uh, they, they're, it's regular, uh, and,

Similar wording

and it is seamless with what is existing there and including the bakery, which does have food,

Similar wording

as part of its services.

Similar wording

So as you've seen the refusal, I just pointed that out.

Similar wording

You can see that this is an I-2.

Similar wording

A lot of the I-2 that is surrounding this property

Similar wording

have already been converted to either commercial mixed use

Similar wording

or even residential use.

Similar wording

But there are still some, I guess, industrial uses scattered throughout.

Similar wording

But commercial use has been widely introduced into this area

Similar wording

over the last several years. And notably, we have a lot of residences directly behind this

Similar wording

property. And I think that's relevant because the type of establishment that is looking to be put in

Similar wording

here lends itself to be walkable. That is because it's a sit-down spot to grab a quick bite or

Similar wording

coffee and pastry in a section of it, which is more the prepared foods aside from the sit-down

Similar wording

restaurant, the seating area would be somewhat intertwined. But as you'll see, there is some

Similar wording

parking along the Washington Avenue side that is, you know, cut out for parking. And as I'll

Similar wording

discuss further, there are some concepts on how to improve the parking area that the landlord's

Similar wording

willing to take an effort to obtain, but there is no guarantee that that would be achievable,

Similar wording

but the effort would be made. This is a current, basically the current layout of that first floor.

Similar wording

This was a real estate agency in office and business use that was approved. And the intention

Similar wording

is to make it look basically as a very large open-air space

Similar wording

for prepared foods, seating, and in the back here,

Similar wording

a little barista area, et cetera.

Similar wording

So these are other conceptual plans for the space.

Similar wording

It's fairly large as a grocer and as a halal butcher.

Similar wording

And what I can tell you about the proposed tenant

Similar wording

His name is Amir Scott, and he is opening what would be known as Prime Halal.

Similar wording

His father is and he is a longtime Philly resident.

Similar wording

His father has a similar but much smaller style establishment at 20th and Lombard for the last 50 years.

Similar wording

So they are very well versed in how to maintain and manage food service industries and groceries of this nature.

Similar wording

And just for some background, there is postings and notices of the community hearing.

Similar wording

we notified the rco and provided proof of mailing there are no taxes due on the property and that

Similar wording

is in part due to the fact that um this was the prior lease between uh the the former owner and

Similar wording

the app the original applicant which had rights to the building to the entirety of the building

Similar wording

through the lease agreement. However, for your noting, the former owner landlord did transfer

Similar wording

the property to my client, which is a similar principle to the former tenant. That deed was

Similar wording

recorded in May of 2025. And we then have the tax clearance certificate for the new owner and the

Similar wording

property. So I did not originally receive a copy of the RCO's response and letter to the board,

Similar wording

but I have since received it. And that is why it's just not included in this package. But

Similar wording

I am pleased to say that there was approval in community support, a vote of approximately eight

Similar wording

votes, seven yeses and one no. It seems as though the neighborhood had a few concerns, again, one

Similar wording

being trash and with respect to trash um we understand that that there is just just for

Similar wording

point of view you make sure hillary gets a copy of that you have it okay thank you yes yeah thank

Similar wording

you um and respectfully i think the issue with that is that my my client uh handled the rco

Similar wording

meeting directly and so their communication just was not sent to me i i'm i know it was sent to the

Similar wording

board and to my client. But ultimately, that letter is very thorough in explaining what each

Similar wording

resident was concerned with or not concerned with. And I will first address the trash in that

Similar wording

in that the existing trash, again, there are two dumpsters that are in the rear of the property.

Similar wording

the existing trash, again, there are two dumpsters that are in the rear.

Similar wording