civus
Hearing video

ZBA Hearing - March 29, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 29, 20233h 52m

thank you please proceed and share your screen uh commissioner when you began you said there

Similar wording

were a lot of opposition from the uh well 13th democratic ward and also council person bass

Similar wording

Okay, thank you.

Similar wording

Councilperson Bass has taken a position of opposition,

Similar wording

and we have a letter of opposition

Similar wording

with 13th Democratic Board.

Similar wording

Thank you.

Similar wording

I'm going to share my screen now.

Similar wording

are you able to see my screen uh we don't we do now we do now thank you very much uh commissioners

Similar wording

i submitted a host of exhibits uh today uh which contain uh 56 uh documents um i'm going to uh go

Similar wording

through the salient documents at this time. First, I would like to refer you to the...

Similar wording

You make it just a little bit bigger. It's hard to read. Just a little bit.

Similar wording

Okay.

Similar wording

That's fine. Yep.

Similar wording

I'm going to refer you first to the refusal, which is actually a referral.

Similar wording

My client applied for event space for under 50 people to have events in this building.

Similar wording

I want to give you a little background about my client now and about the building.

Similar wording

My client has been leasing this building for three or four years.

Similar wording

She previously ran a daycare here, which served the members of the community.

Similar wording

Once the pandemic came into effect, it was really no more, it wasn't viable anymore to operate as a daycare.

Similar wording

She then sought out another use, which is an event center.

Similar wording

I'll have my client give a little testimony later on in regard to some of the representations made in the letter of opposition by the ward.

Similar wording

We applied for application of appeal.

Similar wording

We filled out the project information form.

Similar wording

We have a copy of the deed.

Similar wording

We have a clear tax balance.

Similar wording

We have the new lease, which I didn't have an opportunity to get everyone to sign, but

Similar wording

I will submit it to the board shortly.

Similar wording

The lease is for three years.

Similar wording

Long lease.

Similar wording

Here are the legacy events terms and conditions.

Similar wording

I'd like you to note that it's only a six-hour rental.

Similar wording

We would like to operate seven days a week, but generally the events are on a Friday, a Saturday, or a Sunday.

Similar wording

The event space is rented from 2 p.m. to 9 p.m. only.

Similar wording

The event ends at 8 p.m., and there's a cleanup from 8 to 9 p.m.,

Similar wording

and we have represented to the community that trash would be removed from the premises after

Similar wording

each and every event. There will also be an attendant who works for legacy events who will

Similar wording

be present throughout the entire event. They will let the people in, and they will govern over the

Similar wording

exit of the events. Now, the types of events that we wanted to have here, and I'm going to scroll

Similar wording

all the way down. We offered this to the community. We didn't really get much cooperation

Similar wording

out of it, but I did prepare a proviso that I attached to my presentation here, and I just

Similar wording

really wanted to go over it very quickly, and then I'll continue. We really limited what we can do

Similar wording

here in an effort to garner support from the community. Number one, we said we would have no

Similar wording

alcohol in this space. Number two, no food preparation on the premises, which means

Similar wording

there'll be no cooking or anything like that. Of course, one may bring in food, but food will not

Similar wording

be prepared at this site. We will have an attendant present at all events. We will have no live music

Similar wording

or no disc jockey, no bands or anything of that sort. The trash will be removed from this facility

Similar wording

after each event by the proprietor. The hours of operation, and that's a typo there, I apologize,

Similar wording

are 2 to 9 p.m. The uses we would like to use this space for are baby showers, birthday parties,

Similar wording

networking events, bridal shower, and different types of classes. We also offered the event space

Similar wording

to the community free of charge for any community empowerment event and an example of what we

Similar wording

consider a community empowerment event credit repair services um social service um information

Similar wording

social service information services and things of that sort by any non-profit organization.

Similar wording

I'm going to scroll back up at this time.

Similar wording

Here is a picture of the event space that we're requesting. It's a three-story building. It has

Similar wording

an apartment which which is presently occupied on the top and this is the uh event center here

Similar wording

it is in a commercial district and i would like to know that we were given a referral and not a

Similar wording

refusal here is basically the event space it's just a straight shot back uh you uh come in through

Similar wording

the front door and I will go over the plans there is a back door and a backyard and there's a

Similar wording

bathroom on the side here it's not much to it this is another picture of the space basically

Similar wording

we set up tables for if it's a community meeting we set up tables for that if it's a birthday

Similar wording

shower or something we have the setup of the tables and chairs as desired by who's ever renting

Similar wording

There's not much to the space, but there's another picture of the inside of the building.

Similar wording

And here's a picture of the bathroom that's located inside of the building.

Similar wording

I have provided some pictures of the street that it's located on.

Similar wording

It is a commercial district.

Similar wording

It is Germantown Avenue.

Similar wording

There are some empty spaces, commercial spaces on this block.

Similar wording

I believe there's about five active businesses currently on this block, at least on our side

Similar wording

of the street. Across the street is a church. Basically, they have services on Sunday and

Similar wording

maybe a Wednesday night Bible study. Here's another picture of the event center.

Similar wording

additional pictures of the rear of the block you see there are currently some

Similar wording

vacancies there is a store on the corner and there is a additional a daycare on this block

Similar wording

that's just another picture of the area and you can see it is a commercial area

Similar wording

these pictures were taken during the daytime and as it looks here there is a suitable parking

Similar wording

although in the commercial area parking is not necessarily a requirement. Commissioners I

Similar wording

had two meetings with the Civic Association I prepared the flyer I sent it out I

Similar wording

met the requirement of sending it out certified. There was 129 pieces of mail that was sent out.

Similar wording

Interestingly enough, at the first meeting, myself, my client, and four neighbors showed up,

Similar wording

and no one from the civic association showed up to this meeting of interest is I wanted just to

Similar wording

show you one other document it was clear to me that the civic association didn't want to meet

Similar wording

about this property I contacted them by email on 21 different occasions trying to get a meeting

Similar wording

I finally get a meeting and no one from the Civic Association shows up at the meeting.

Similar wording

After having a discussion with the Civic Association, I was told that it was just a

Similar wording

misrepresentation, a misunderstanding. I really didn't believe that to be the case. I believe

Similar wording

it was intentional i would also like to say that the association that was assigned to this was the

Similar wording

rco uh coordinating excuse me the coordinating rco was the nicetown cdc um the 25th ward did show up

Similar wording

to the um meeting and they did issue a letter in regard to what happened at the meeting which

Similar wording

I don't have the letter attached currently, but I'm just going to back up a little bit here

Similar wording

and show you that there was a second meeting which we noticed and attended

Similar wording

and show you that there was a second meeting.

Similar wording

i don't really know how many individuals attended this meeting i'd like to note that there was a

Similar wording

no sign-in sheet and there was not a record of the votes being taken at this meeting now during

Similar wording

the meeting there was some concerns from the community we did adequately try to address the

Similar wording

concern and that is evidenced by the provisos that we tried to not that we tried to the provisos that

Similar wording

that we were willing to agree with.

Similar wording

The individuals at the meeting,

Similar wording

there were some in support of the application

Similar wording

and there were some against the application.

Similar wording

The individuals who were against the application

Similar wording

indicated that there was some loitering in the community

Similar wording

and that there was a lot of trash in the community.

Similar wording

We respectfully indicated to the community

Similar wording

that there is a bar on the corner called Limitless.

Similar wording

And that's where the loitering comes from.

Similar wording

And that's where the majority of the trash

Similar wording

in the area comes from.

Similar wording

And again, we agree to remove the trash from the facility

Similar wording

after each event.

Similar wording

I did not go over the plan with you.

Similar wording

I just really wanted to bring it up very quickly.

Similar wording

I showed you the picture, but I didn't show you the plan.

Similar wording

Basically, let's move this over a little bit.

Similar wording

I think we understand the plan by, you have already showed us photos of the inside.

Similar wording

Yeah, it's just a basement, and this is the basement plan, and then we just have a straight

Similar wording

shot you enter from here to the facility you can walk straight back you have a bathroom

Similar wording

i think there's a tv on this wall and back here you can exit the rear of the building

Similar wording

um

Similar wording

uh commissioner i would like to present a little testimony uh from my client uh miss

Similar wording

nikita mathis yep miss mathis are you on the line

Similar wording

nikita

Similar wording

we see her with her hand raised

Similar wording

hi yes i'm here could you could you state your name and spell please for the court reporter

Similar wording

yes nakia n-a-k-e-a last name is mathis m-a-t-h-i-s and sam

Similar wording

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

Similar wording

I do. Proceed, counsel. Ms. Mathis, are you the proprietor of Legacy Events?

Similar wording

Yes, I am. And Ms. Mathis, did you previously operate a daycare for the community at that

Similar wording

location? Yes, I did. And how long did you operate that daycare? For three years. And why did you

Similar wording

closed the daycare? Once COVID happened, I kind of had to pivot because the parents were not

Similar wording

really bringing the children back because I think parents weren't really feeling safe at the time

Similar wording

with the spread of COVID and everything going on. And Ms. Mathis, did you decide to change to use

Similar wording

and open up an event space? Yes, I did. And did you hire someone for permitting?

Similar wording

Yes, I did. And can you tell the board what occurred?

Similar wording

So I did find a gentleman who was supposed to do all of the paperwork, zoning, hired attorney, do everything for the event space.

Similar wording

I paid this gentleman. He came out, did paperwork. I paid him $10,000 to be exact by the time all the costs came.

Similar wording

Once I realized that some time went by, he said, you know, everything is good to go.

Similar wording

I'm just going to send your documents to you. I've been, you know, reaching out to him,

Similar wording

reaching out to him, trying to get documents from him. Didn't have any paperwork. I'm like,

Similar wording

well, where's all of my documents? Where's the paperwork? No emails are coming through.

Similar wording

We didn't have any community meeting, any zoning, you know, what's going on. All of a sudden,

Similar wording

his social media disappeared. Phone is cut off. Nobody can locate him. And so I was just.

Similar wording

phone is cut off, nobody can locate him. And so I was just, you know, out of my money and no

Similar wording

change of usage. I then had a friend of mine who worked in L&I to check for me to see if the zoning

Similar wording

was changed. They said, no, everything is still zoned at the daycare. Nothing was submitted,

Similar wording

nothing was done. So then that's when I hired Ms. Treat to go ahead and get the process started

Similar wording

once again for us and uh miss mathis did you ever receive a violation or anything for uh

Similar wording

operating um the event center no no and have we been going nobody told nothing i just

Similar wording

i'm sorry say it again and have we been going through this zoning process for almost a year now

Similar wording

Yes.

Similar wording

Ms. Mathis, did you attend the first community meeting?

Similar wording

Yes, I did.

Similar wording

And would you agree with my representation that no one from the Civic Association attended

Similar wording

the meeting?

Similar wording

Yes, I agree.

Similar wording

And would you agree with me that there were actually four neighbors that showed up at

Similar wording

that meeting?

Similar wording

Yes, I agree.

Similar wording

And did we discuss the presentation with the neighbors at the first meeting?

Similar wording

Yes, we did.

Similar wording

And were the neighbors generally in support of your use?

Similar wording

Yes, they were.

Similar wording

Ms. Mathis, did you attend the second community meeting with me?

Similar wording

Yes, I did.

Similar wording

Were there some neighbors in there at the meeting in support of the project?

Similar wording

Yes, there were.

Similar wording

And were there some neighbors there against the project?

Similar wording

yes there were and were the main reasons they were against the project was for the loitering

Similar wording

and trash yes did you hear anything at the meeting concerning any density no did we address the

Similar wording

problem or the concerns of loitering in regards to providing an attendant to let the individuals

Similar wording

out of the event space at the time of exit?

Similar wording

Yes.

Similar wording

And did we discuss the problem of trash,

Similar wording

indicating that we would have the trash removed

Similar wording

from the premises after every event?

Similar wording

Yes.

Similar wording

That's all I have for Ms. Mathis at this time.

Similar wording

And at this time, I can take any questions from the board.

Similar wording

Questions from the board?

Similar wording

No, Chair.

Similar wording

No, Chair.

Similar wording

No, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Chair, we have Elaine Colbert.

Similar wording

Okay.

Similar wording

Hi, could you state your name, please, and spell it for the court reporter?

Similar wording

Elaine Colbert.

Similar wording

E-L-A-I-N-E-C-O-L-B-E-R-T.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed.

Similar wording

I'm a resident of Bristol Street, and we were made aware of the last RCO meeting.

Similar wording

So the neighbors that were made aware attended that meeting.

Similar wording

any meetings prior to that we didn't know about okay um for this venue this venue has already

Similar wording

been open and some of the neighbors on the block witnessed the uh persons that were renting the

Similar wording

venue they were sitting all on neighbor's steps eating food drinking uh smoking we you know

Similar wording

the way they were even parking they were taking up you know two parking spaces for one car and

Similar wording

we are all senior citizens on this end and we have to come out and I'm not the only neighbor

Similar wording

on here so I'm quite sure someone else can say about their experiences as well

Similar wording

um we had to come up and clean up after you know they've gone and when we were at the last meeting

Similar wording

and we talked about the trash we were talking about the trash that they leave on west bristol

Similar wording