civus
Hearing video

ZBA Hearing - October 4, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 4, 20234h 20m

The width, as you can see on this, I don't know if I have it here.

Similar wording

Oh, here it is.

Similar wording

There it is.

Similar wording

So the width of the building is 54 feet.

Similar wording

of the building is 54 feet. You can see that here. So each of the units is 43 feet, 10 inches deep

Similar wording

You can see that here.

Similar wording

So each of the units.

Similar wording

by about 27 feet wide. So each one's 11, 183.5 square feet and size totals 2,367.

Similar wording

So this application is to solely utilize, was to utilize these two units for CMX2 permitted uses

Similar wording

and then have CMX2 permitted signage.

Similar wording

RM1 obviously has very rigid and strict

Similar wording

and limited sign provisions or sign permissions.

Similar wording

And it makes more sense here to have CMX2,

Similar wording

particularly when you take a look at the cover photo

Similar wording

and you see this sign was actually resurfaced.

Similar wording

It was left over from a diner that was permitted back in 68.

Similar wording

You can see that here.

Similar wording

Actually, before that, there was a permit for a service station

Similar wording

at the other end of the property down at Bloomfield Avenue, which you can see right here.

Similar wording

But again, so there's existing signage, the pole sign freestanding, and then there's existing

Similar wording

signage that was previously permitted on the front of the building. You can see the signage

Similar wording

that exists there now is for the last tenant. That tenant took both units, breached in between.

Similar wording

It was a dentist. It was there for a long time, was very popular, eventually moved to a larger

Similar wording

facility, and it's been vacant for quite some time while the owner's been trying to get a tenant

Similar wording

to occupy the space. As indicated by Ms. Emerson, I think there's a letter of support from the

Similar wording

Greater Busselton Civic League. We met with them the other last week, and we had a very lengthy

Similar wording

meeting to discuss the uses and how that would be phrased. We imagined that even though we were

Similar wording

applying for all CMX2 permitted uses, that some would come out, and we wanted to get the feedback

Similar wording

from the community. And Ms. Udovich can speak to it. When she spoke at the meeting, she expressed

Similar wording

desire, and again, not to put words in her mouth, for the councilman that not referenced CMX2,

Similar wording

given his remapping of his district to eliminate CMX2 and instead go with CMX1 and then add in

Similar wording

some uses from CMX2. So we're kind of good either way. And that's what Hillary was talking about.

Similar wording

It's the same uses. It's just how it's referenced, whether we keep it the way we apply CMX2 and

Similar wording

excluding, or we do CMX1 and add in additional ones and have what L and I will do to accept.

Similar wording

But the issue with CMX1 and adding is CMX1 has a limitation.

Similar wording

You can see here.

Similar wording

Actually, I didn't include it.

Similar wording

There's a note, this note five that you see under CMX1 for a lot of these uses state that that use can't take up more than 2,000 square feet.

Similar wording

So we have an issue if one tenant occupies both, having it be solely CMX1, we'd have to eliminate that exclusion.

Similar wording

So we're going to leave it up to the board to determine and Ms. Emerson's consultation with L&I to discuss how if the board elects to approve these, and it's the same uses either way.

Similar wording

It's just how you're coming at it from CMX2 or CMX1, or you just want to do a separate list with not referencing CMX1 or CMX2 to the uses that were approved.

Similar wording

So the notice of refusal, I showed you in the application again.

Similar wording

And you can see, if I blow it up, that I did reference, along with accessory signs and signage, permitted as a matter of right in CMX2.

Similar wording

I did reference that in the accessory signage.

Similar wording

I did reference that in the application online as well.

Similar wording

Unfortunately, the notice of refusal did not, I just want to go back to, here we go, did not include the reference to the signage at all.

Similar wording

And if it was CMX2 signage since the property zones RM1 or RM2, it should have also generated a refusal just like the use did.

Similar wording

I did reach out to the examiner after I got the notice of refusal back in April, alerting them to this, asking whether they viewed the CMX2 permitted signage to be included within the CMX2 permitted uses.

Similar wording

I didn't receive a response. I followed up last week, still did not receive a response to that.

Similar wording

I did include the application and the screenshots in my communications.

Similar wording

Again, the property is located at Cruz Town and Surrey Road.

Similar wording

You can see this is a real zoomed out image. We have commercial and light industrial. You have the John Meehan and Son operations across the street. You have the Croosedown Shopping Center down the street. Down here you have a gas station with Wawa. You have a fitness center. You have a short strip shopping center as you go down to Bloomfield.

Similar wording

you have a fitness center, you have a short strip shopping centers, you go down to Bloomfield,

Similar wording

and then you have the gas station that was originally way back in the 60s was permitted.

Similar wording

There are two, these two buildings you see here between Bloomfield and our property used to be

Similar wording

apartment buildings that were going to be apartment buildings that were owned by my client and his

Similar wording

family. They were converted to condominiums, you know, condominiums right now. And you can see as

Similar wording

As we zoom in, you can see what's across the street, you know, having commercial on.

Similar wording

This is a commercial corridor right here.

Similar wording

So the uses that were previously permitted, we would like to continue without the need to constantly come back and potentially lose clients every time somebody wants to utilize them when there's a vacancy.

Similar wording

The hearing notice for today's hearing is at tab 14.

Similar wording

Posting photos are at tab 15.

Similar wording

The ownership, the deed showing that my client owns the property is included at tab 16.

Similar wording

Our tax compliance that, again, we provided to Ms. Emerson this week is at tab 17.

Similar wording

And again, as I mentioned, we did meet with the Greater Busselton Civic League, who issued the letter of support.

Similar wording

The email from the Planning Commission from last June, this past June,

Similar wording

indicating the Greater Busselton Civic League is included at tab 8.

Similar wording

the list of addresses, residences, businesses, the councilmen, the planning commission,

Similar wording

the zoning board is included at tab 18B. Our notice, again, our meeting was September 26th.

Similar wording

We were there until very late going through the different variables of how we approached it again

Similar wording

from CMX1 and adding or CMX2 and eliminating. I don't think we got out of there until after 10.

Similar wording

So it was a very lengthy meeting. It was a hybrid meeting. So you had a number, a lot of people were there in person, a number of people who called in as well. So it was very well attended. I think the Greater Busselton Civic League did a great job in kind of working through the complicated aspect of this in terms of how the uses were going to be phrased, approved uses.

Similar wording

I don't think anybody had an issue. Obviously, the vote was 20 to 2, and you can see in the letter from Greater Busselton Civic League, they went with staying within the context of how we applied CMX2 and excluded.

Similar wording

But there was also a discussion Jack O'Hara put out just to be comprehensive and cover everything to also show CMX1 and then adding in certain CMX2 uses that might be tenants at this property, like a prepared food shop, a coffee shop, an ice cream shop, a deli, potentially sit down restaurant, you know, commissary or catering services where those CMX2 uses.

Similar wording

There are a lot of other ones that are permitted, but that we said if we're going to go with CMX1, we at least want to add those.

Similar wording

And those are referenced in very detailed fashion in the Greater Busselton Civic League letter of support.

Similar wording

And so with that, I would rest for now.

Similar wording

I would move my exhibits into the record and then reserve the right for any type of rebuttal or response to any questions there might be or any objections or protests from anybody in the community.

Similar wording

Do you want to bring your client on and adopt a testimony or no?

Similar wording

I would love to.

Similar wording

If Mr. Bienenfeld could raise his hand and he could be sworn in and then I can have him adopt my statements.

Similar wording

Jack Bienenfeld is allowed to speak.

Similar wording

Hi, sir.

Similar wording

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

Similar wording

Jack Bienenfeld, B as in boy, I-E-N-E-N-F-E-L-D.

Similar wording

do you swear a firm to tell the truth the whole truth nothing but the truth

Similar wording

i did please proceed counsel thank you chairman uh jack did you hear the statements that i made

Similar wording

to the zoning board this afternoon i did and are they true and correct to the best of your knowledge

Similar wording

yes and would you adopt them as your own yes okay thank you questions from the board

Similar wording

no mr chairman questions from our attorney not this time mr chair okay um questions or comments

Similar wording

in the virtual audience yes chair i have alice udovic i will allow her to speak hi alice could

Similar wording

you state your name please and spell for the court stenographer certainly chairman alice udovich

Similar wording

u-d-o-v-i-c-h on behalf of councilman brian o'neill right do you swear to do you swear

Similar wording

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

Similar wording

first and foremost the councilman wants to thank mr orphanetes for his handling of this compromise

Similar wording

i know it's a somewhat complicated issue and hillary has been of great assistance as well

Similar wording

So what we were essentially asking for, if this could be inclusive of the entire CMX uses and adding in three of the food uses that are allowed under CMX2.

Similar wording

of the food uses are better allowed under cmx too um and that's basically it okay thank you

Similar wording

we appreciate your call and and is there anyone else in the virtual audience i'm sorry

Similar wording

i see no hands chair miss hillary do you want planning to take a position on this

Similar wording

um yes i think we can do everything today we'll just we'll just hold it so we can word a mutually

Similar wording

agreeable provisor that also works for L&I. Planning. Thank you, Chair Bergeman, and good

Similar wording

afternoon. David Fechtow with the City Planning Commission. Chair and board members, the

Similar wording

comprehensive plan recommends no change to the residential multifamily zoning at this location.

Similar wording

This property was rezoned in 1985. This property has a documented history as an apartment building

Similar wording

with two legally non-conforming commercial units. The City Planning Commission recommends the board

Similar wording

grant the proposed use variants for uses as permitted in the commercial mixed use to zoning

Similar wording

district but limit the uses to specific use categories and we would also support uh commercial

Similar wording

signs if uh that would be an appropriate uh variance per mr orfinity's testimony okay thank

Similar wording

you um mr bergman if i can just say one thing just real quickly um so and hillary's aware of this but

Similar wording

I just want to put it on the record.

Similar wording

So the main reservation we had, and I shared it, Alice and I have spoken about this, about

Similar wording

the CMX-1 is that, as I mentioned, there is a limitation for most of the non-residential

Similar wording

uses, the commercial uses, to 2,000 square feet.

Similar wording

So if the zoning board were to go that route and say CMX-1, allowing CMX-1 uses with the

Similar wording

additional possibly with the additional uses that are listed cmx we would need the we would ask that

Similar wording

the cmx one square footage limitation per use be lifted and be removed we're limited to the sizes

Similar wording

of the units by the granting of this variance per the plans that were some floor plans that were

Similar wording

submitted um but again if one if it's not lifted one tenant were to take two spaces they would be

Similar wording

in violation of the cmx two and they would need of the permissions for the commercial use and they

Similar wording

we need to go to the zoning board and we can,

Similar wording

we don't want to hold up any more than we need to getting businesses in

Similar wording

generally helping providing benefits to the community and providing revenue

Similar wording

to the city of Philadelphia.

Similar wording

Okay. Thank you.

Similar wording

So we're going to wait Hillary till we find what's appropriate from L and I

Similar wording

and then what we could all agree to.

Similar wording

Yes, Mr. Chair. I think I've had conversations with L and I,

Similar wording

it's just a matter of, of drafting the language and having everybody review it.

Similar wording

I think we can vote this next week at 2 PM. No problem.

Similar wording

Okay.

Similar wording

Fine. We'll do this next week at 2 p.m., David, okay?

Similar wording

Yeah, thank you very much.

Similar wording

And the record is closed.

Similar wording

It's closed. Thank you.

Similar wording

Thank you.

Similar wording

Is there anyone in the audience whose 2 p.m. case has not been called?

Similar wording

No hands, Chair.

Similar wording

Okay. So instead of taking a break, I'm going to move right to the 3.30 list because it's just a matter of calling cases out.

Similar wording

I don't believe we have any cases that we'll be hearing.

Similar wording

So why don't we just move right into it? So good afternoon. My name is Bill Bergman, and I will be chairing the ZBA 330 hearings. With me is our vice chair, Ismail Shahid.

Similar wording

Present, Mr. Chairman.

Similar wording

Our board member, Thomas Holliman.

Similar wording

Present, Mr. Chairman.

Similar wording

And our board member, James Snell.

Similar wording

Present, Mr. Chairman.

Similar wording

Also here is Hillary Emerson, our attorney, and our executive director, Tanya Sukit.

Similar wording

Here's our virtual format. Be advised if proceedings are being recorded.

Similar wording

Video will be available by contacting TanyaSunkett at phil.gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you are participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

To enter an appearance statement, call 267-270-5548.

Similar wording

Leave your email and the address of the property in question.

Similar wording

Finally, the question and answer box on the screen is not for comments or testimony.

Similar wording

All comments should be directed to our executive director, Tanya Sunday.

Similar wording

So let's look at our schedule here.

Similar wording

So here's our continuos.

Similar wording

Number two, MI 2023-001-365-2108-12, North 6th Street.

Similar wording

This case is continued. Number three, MI 2022, 005-434-5853 Masher Street. This matter is being continued to Wednesday, November 1st at 2 p.m.

Similar wording

Number four, am I –

Similar wording

Number four, MI 2022-005-088-4913 North Lawrence Street.

Similar wording

This matter should be continued to Wednesday, November 1st at 3.30 p.m.

Similar wording

Number five, MI 2022-007-458-5218 Art Street.

Similar wording

This case is continued.

Similar wording

um excuse me mr chair yes yeah i was gonna say could we ask for the request came from

Similar wording

the council office yeah that's why i'm calling jeffrey young is jeffrey young here

Similar wording

jeffrey um i see no hand i don't see a hand from jeffrey young

Similar wording

here. All right, so this MI 2022-007-458-5218

Similar wording

Art Street, the case is continued.

Similar wording

Number six, MI 2022-002-928-549-51

Similar wording

North 10th Street, Vern Anastasio.

Similar wording

I believe this may be a request for continuance.

Similar wording

verne anastasio has been allowed to speak good afternoon mr chair counsel could you state your

Similar wording

name please and spell for the court stenographer sure it's verne anastasio a-n-a-s-t-a-s-i-o

Similar wording

right you do you affirm do you swear or affirm to tell the truth the whole truth and nothing

Similar wording

but the truth i do swear i understand you may want a continuance for this yeah mr chairman i

Similar wording

want to first apologize. I know this is the fourth listing. I'm asking for some special

Similar wording

dispensation here. We have been in contact with the RCO. They've requested a walkthrough of the

Similar wording

property before they can do a final disposition, and we are working on settling on a date for that

Similar wording

walk through. So number six, MI 2022 002 928 549 to 51 North 10th Street. Cases continued. Mark

Similar wording

must be tried. Okay. Thank you, sir. Yep. Thank you. Number eight, MI 2021 002 827 2132 North

Similar wording

Daring Street, this case is a request for continuance.

Similar wording

Is Brandon Saverin in the audience?

Similar wording

Hi, Mr. Chairman.

Similar wording

Yes, I'm actually still a panelist.

Similar wording

Mr. Saverin, you've already been sworn to state your name for the record.

Similar wording

Yeah, Brandon Saverin.

Similar wording

Right.

Similar wording

So this is the fifth listing.

Similar wording

Could you give us where we stand with this?

Similar wording

Yes.

Similar wording

So my client was represented by a prior law firm that did not know how to put the exhibits

Similar wording

together.

Similar wording

And what I discovered when I came aboard is that there had been an RCO meeting, but somewhat

Similar wording

comically, both the RCO and the former attorney forgot what happened at the RCO meeting.

Similar wording

So we're going to have another RCO meeting one week from today, and then the case will

Similar wording

be ready to go.

Similar wording

So MI 2021-002-827-2132 North Daring Street. Cases continued. Mark must be tried. Thank you for giving on the phone. Thanks. And number nine, MI 2022-005-973-3200 Tyson Street. The case is continued. Does anyone have any comments relative to the cases that have been continued?

Similar wording

i see no handshare okay also number one mi2023 00094 3251 fox street this

Similar wording

was a reconsideration hearing the request has been withdrawn and number seven

Similar wording