civus
Hearing video

ZBA Hearing - August 12, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 12, 20267h 30m

this is a pretty nice facility very clean everything you would see in a

Similar wording

proper daycare, books, toys, activities.

Similar wording

This is the rear play area, as you can see,

Similar wording

that's that covered one-story section in the back.

Similar wording

In the, my exhibits, sorry, just zoom here.

Similar wording

I submitted a copy of the commercial lease,

Similar wording

again, showing that my client,

Similar wording

the big handprint is the tenant.

Similar wording

This is the zoning application, which the zoning application, the ZBA appeal, it does

Similar wording

list the reason.

Similar wording

Again, we're not seeking to exceed 12 children.

Similar wording

We just want the child care center classification for funding purposes with the Commonwealth.

Similar wording

So nothing is actually changing.

Similar wording

We're not changing the use.

Similar wording

It's been in use for a year or two.

Similar wording

um it's as i said it's really only uh the paperwork that is changing here are the plans

Similar wording

uh when you walk in from the corner of 58th and race you walk in there's a little reception area

Similar wording

uh where the parents can you drop off their kids pick them up sign them in sign them out

Similar wording

and then you go back into the education station these are some of those first photos that you

Similar wording

show this is where the most of the day-to-day operations with the children take place going

Similar wording

Going back a little further, you've got your bathrooms, your kitchen areas, and then going all the way back, there's that indoor play area, which is 170 square feet.

Similar wording

The usable space for the kids is 477 square feet, but as I said, the whole floor and then a little bit of the basement for some storage is 1,000 square feet or so.

Similar wording

uh this is the side we have uh the front corner entrance and then a side egress

Similar wording

um we had some issues getting the tax clearance certificate but uh

Similar wording

i did print out tax balance of zero as well as commercial trash fees

Similar wording

l and i there's nothing showing there's no judgment liens against this entity

Similar wording

would you like me at this point to address the rco issue why don't you do that okay so this is

Similar wording

the third listing for this hearing my client had been trying to get an rco hearing for quite some

Similar wording

time for the first two listings in june and july they were not able to get anything from from the

Similar wording

rco prior to the hearings at the last hearing july mr bergman and the board you agreed to a

Similar wording

continuance we immediately went to the rco um which is the um for that area at 58th and race

Similar wording

we did we were scheduled for july 9th and my client sent out all the notices on on

Similar wording

I'm sorry, on July 17th, here's the notice that was sent out. My client sent out the notices to

Similar wording

all the addresses that were required, listing a hearing at July 29th at 6.30 p.m. before

Similar wording

achievability. That is the RCO. On the day of July 29th, somebody from the RCO reached out to them

Similar wording

and told them that, oh, I'm sorry, you didn't submit any documents to us in advance. We're

Similar wording

alleged requirement was never communicated to my client in advance. We do have a letter from

Similar wording

who my client was dealing with at Achievability, Hassan Abdul Rahim. He's the business and youth

Similar wording

engagement manager. This is an email from him to my client dated August 5th, 2026.

Similar wording

Again, we were scheduled for July 29th. Third paragraph, I was notified we did not have

Similar wording

sufficient time to properly review the application materials prior to the meeting.

Similar wording

Concerns regarding whether the application included the required community signature

Similar wording

support were also printed out. Without adequate time to complete that review, we did not feel

Similar wording

it would have been appropriate to proceed. This situation was a result from an internal

Similar wording

communication breakdown during a transition in our staffing. During that transition, I was unaware

Similar wording

that the application materials needed to be submitted in advance. So again, that was not

Similar wording

communicated to my client. We should not be prejudiced for their failure to do this and

Similar wording

THEN CANCELING AT LITERALLY THE DAY OF THE RCO MEETING.

Similar wording

THE APPLICANT, I AM PRIDING THIS EXPLANATION SO THAT THE RECORD ACCURATELY REFLECTS WHAT

Similar wording

OCCURRED.

Similar wording

THE APPLICANT MADE AN EFFORT TO SCHEDULE AND PARTICIPATE IN THE REQUIRED COMMUNITY MEETING.

Similar wording

the applicant made an effort to schedule and participate in the required community meeting

Similar wording

the inability to hold the meeting before the hearing was due to our internal scheduling

Similar wording

THE INABILITY

Similar wording

and review process not because of any lack of effort by the applicant so given that explanation

Similar wording

and given my client's efforts to actually schedule the rco meeting we asked that the board

Similar wording

disregard the lack of an rco letter in this case they made the effort the rco was not letting it

Similar wording

happen. And given what we're actually asking for, which is not going to change anything in the

Similar wording

neighborhood and is really not a substantial, should not be a substantial issue before the

Similar wording

neighbors, I ask that this RCO issue be waived for today's purposes. All right. So why don't you

Similar wording

finish your presentation and we'll see where we stay. Okay. That's all I have, really. I'd be

Similar wording

happy to bring your client. Okay. Miss Jones, are you in the audience? Could you raise your

Similar wording

hand, please? Please raise your virtual hand. Would you be sworn in? Seneca Jones?

Similar wording

we also have money kind of coach the business manager on as well

Similar wording

sure whoever you have you want to bring okay monica if you could raise your hand please

Similar wording

um but mr chairman that person can't adopt the testimony or me that person can't adopt

Similar wording

the testimony only only the owner the tenant can adopt it yeah but he could

Similar wording

bring her on right and ask her questions oh as a witness yes yeah yeah

Similar wording

either person there yeah when you care that coats is there i promoted them we can't hear you jace

Similar wording

Sorry, Mr. Chair, Moniquita Coates is promoted.

Similar wording

Okay.

Similar wording

Good morning. Good afternoon. I'm sorry.

Similar wording

Hi. Who is this now?

Similar wording

My name is Moniquita Coates.

Similar wording

Okay. And with respect to the Big Camp Print LLC, you are their business manager,

Similar wording

and you've been handling this referral through the CBA on their behalf?

Similar wording

Yes, the business manager in Africa.

Similar wording

could you please state your name as spelled for the stenographer moniquetta m-o-n-i-q-u-e-t-t-a

Similar wording

last name coach c-o-a-t-s do you swear or firm to tell the truth told truth nothing but the truth

Similar wording

i do please proceed okay moniquetta you are the business manager for the big hand print llc yes

Similar wording

okay and you were the one that actually filed this appeal to the zba yes were you the individual

Similar wording

that was attempting to schedule hearing before the rco achievability yes okay um did you were

Similar wording

you present on the zoom when i gave my presentation yes i was was everything i said accurate and

Similar wording

truthful to your knowledge yes okay all right well well counsel you're also an officer of the

Similar wording

court will accept your testimony questions from the board yes um with this designation

Similar wording

understanding that you are saying you're not intending to have more than 12 but how many

Similar wording

children would you legally be allowed to have based on the size of your property so based on

Similar wording

the size they will only legally give us they will give us 14 but the whatever the co says is what

Similar wording

they'll stop it so right now being as though the certificate of occupancy says group child care

Similar wording

they won't let us go above 12 but also i just want to state that with a group child care you

Similar wording

only need eighth grade education to run on and operate a group child care you don't need a

Similar wording

director which we have a clinically master degree director and owner and we want to be able to use

Similar wording

our director to its to her fullest potential where with a group child care setting we cannot

Similar wording

okay no i understand that this wasn't necessarily about your current business but since this

Similar wording

designation runs with the property should this business not exist I just wanted to be clear

Similar wording

what the density could be even if your business doesn't operate it a future business could so

Similar wording

that's why so yeah the certificate of occupancy will state no more than 12 children so they won't

Similar wording

the state won't allow more than what the currently if you get approval you're saying it's 14 no what

Similar wording

I'm saying is when so with our application we're still asking to be at 12 children so if you guys

Similar wording

give us the zoning you are understood it you are but a future business could get up to 14

Similar wording

based on the square footage no they could they have to say 12. the certificate of occupancy will

Similar wording

The certificate of occupancy will stay 12 regardless of who owns the business.

Similar wording

state 12 regardless of

Similar wording

So they will only allow 12 because it's a group.

Similar wording

If you look, I could show you the plans which lays out the certificate of occupancy because

Similar wording

there's 477 square feet.

Similar wording

Current condition.

Similar wording

I'm not talking about the current condition.

Similar wording

I'm not talking about the current condition.

Similar wording

I'm talking about the current condition.

Similar wording

I'm talking about the future.

Similar wording

the future as a child care center your square footage would allow 14 children in a child care

Similar wording

center yes which is what i was asking so thank you okay i have i have a question so just curious um

Similar wording

is there any outdoor space there's no outdoor we have indoor play so what what do you do for outdoor

Similar wording

space for the children we take them on walks and take them to the local playground how far is that

Similar wording

way it's not even a block okay thank you other questions questions from our attorney um

Similar wording

i just want to clarify is there space for more than 12 children at this location

Similar wording

uh per state measurements there is but we don't want more than 12 but there is so

Similar wording

So for the state, they require 45 square feet per child.

Similar wording

And that includes the indoor play also or just education?

Similar wording

No, just the education space.

Similar wording

Indoor play space is measured separately.

Similar wording

50 square feet.

Similar wording

Yes, exactly.

Similar wording

So you have a designated indoor play space?

Similar wording

Yes, sir.

Similar wording

If my attorney can pull up the plans, the indoor play is in the rear of the building.

Similar wording

that was 120 125 square feet do i remember that eric once the indoor play area 170.

Similar wording

what how big was it the indoor play area 170 square feet back there yep

Similar wording

and the shepherd recreation center is a block to the north uh at 58th and vine

Similar wording

okay all right so i have one more question what are you doing oh sorry mike go ahead

Similar wording

go ahead i'm sorry i was going to ask what are you doing for safety measures for the

Similar wording

for your i guess your clients uh just understanding that like there's a septibus

Similar wording

depot very close by that's a pretty busy and um active corner what are sort of the provisions for

Similar wording

the youth when we're treating for the to the playground so we have this coming in and out

Similar wording

like without like are they always being dropped off by a parent inside i'm just trying to wonder

Similar wording

yeah so they have to they have to park they cannot double park um on any of the streets

Similar wording

they have to find a parking space and park in a legal parking spot and they have to walk their

Similar wording

children in and sign them in daily as well as pick up they have to come into the building sign

Similar wording

the children out and pick them up they can't we don't bring children outside the door we don't

Similar wording

allow children to exit on their own they have to have a parent present at all

Similar wording

times and then what are the ages that you're currently supporting we support

Similar wording

ages six weeks to five years old okay and is the plan to keep that age range in

Similar wording

the future as well yes any other questions

Similar wording

you know we're gonna hold it we can't can't hear we can't we're gonna hold it michael all right

Similar wording

council feels comfortable too to hold this and just try to figure it out ourselves okay questions

Similar wording

from the virtual hands i do not see any further hands mr chair planning commission michael gall

Similar wording

with the philadelphia city planning commission the comprehensive plan recommends no change to

Similar wording

the existing cmx1 neighborhood commercial mixed use zoning at this location though this property

Similar wording

has a documented history of variances for commercial uses going back to 1952 and was

Similar wording

remapped to a commercial mixed use in 1971 in a council supported action the proposed use as a

Similar wording

Child care center would not cause undue detriment to the neighboring properties beyond what may otherwise be expected at this location. Therefore, the city planning commission recommends the board grant the requested special exception for child care center use.

Similar wording

Thank you. Council. We're going to hold this till next Wednesday.

Similar wording

We're an executive session. We're gonna have a conversation. Just try to figure out some of the things that we need to go through. Okay.

Similar wording

Okay, is there next Wednesday at 930? And we will vote.

Similar wording

Okay, thank you. Thank you.

Similar wording

um um number five mr knockamson

Similar wording

i i think we'll we're going to see you a few times today correct

Similar wording

yeah yeah uh well we'll split between me and mr goldberg i would ask for your indulgence

Similar wording

Yeah, well, we'll split between me and Mr. Goldberg. I would ask for your indulgence. My architect, Rich Villa, who's here with me for 7340 Oxford Avenue, he's celebrating his birthday today, and he's going to Longwood Gardens, and he has a dinner reservation his wife made at 5 o'clock.

Similar wording

So which one's there?

Similar wording

That's 7340. I probably gave too much, 7040 Oxford Avenue. I probably gave too much information, but I don't want him to be late for his dinner reservation.

Similar wording

okay um we always want to well it's another just said can he celebrate his birthday here

Similar wording

number 11 number 11. we're gonna we're gonna move this to number 11. so

Similar wording

alan you always do find a way to get something like kind of different to come in here so i i

Similar wording

am different yeah sorry sorry council just so you know we're gonna hear but do a resumption yes we

Similar wording

are okay yes so not here and hold but here and we do that's right okay m m i 20 26 002 054 70

Similar wording

70 40 oxford avenue mr knockamson is the attorney could you um please state your name and spell for

Similar wording

the stenographer alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-i all right do

Similar wording

swear or affirm to tell the truth the whole truth nothing but the truth i do um could you identify

Similar wording

a client a relationship to the property uh yes my client is 70 52 oxford llc and in the virtual

Similar wording

audience is josh matthew one of its members and to my left is rich villa the project architect

Similar wording

vice chair has a few questions for you good afternoon have you submitted your documents and

Similar wording

exhibits five days in advance of this hearing yes i have and did you waive the reading of the

Similar wording

refusals and stipulate to the accuracy to the extent that we will be receiving an updated

Similar wording

refusal after the hearing okay all right thank you to your screen and proceed with the case

Similar wording

all right thank you i just need to be promoted as a panelist please please

Similar wording

thank you welcome council

Similar wording

you okay yeah it's coming up yeah yeah all right here we go

Similar wording

so what we have here at 70 uh 40 oxford street is a rather significant lot uh which in totality

Similar wording

is over 116,000 square feet. Currently on this lot is a senior living facility of 57 units.

Similar wording

We're looking to put an additional 49 units by subdividing the property. And by doing so,

Similar wording

we're changing up the landscaping a little bit, and that's why I have rich here. And we're

Similar wording

increasing the amount of collective parking spots from 22 to 29 parking spots. We will be seeking

Similar wording

a resumption of this hearing because we're waiting for an updated uh refusal uh so we have 14 exhibits

Similar wording

here um i do have mr matthew in the virtual audience who's the owner's representative and

Similar wording

who's also the operator of the uh senior living facility i'll have him testify just giving you

Similar wording

what the day-to-day operations are like and i have mr villa here as the architect's representative

Similar wording

He can answer any questions about this project. So it seems a lot worse than it is from a variant standpoint. It really is not. But like I said, we have one large lot. We're subdividing it. Lot one, just think of that as the existing lot of 57 units, and we'll have 29 parking spaces. That's why we had to do some cleanup. I noticed when I was presenting this matter, and I was saying 29 parking spaces, but there's only 22 showed on the refusal.

Similar wording

And then lot two is the new structure or the new building that will be placed on there, and that has 49 units on here.

Similar wording

So let's just go quickly through the refusals.

Similar wording

For lot two, we have a roof access structure that's a little bit larger than is allowed under the code.

Similar wording

If you think about it, we have people who are senior citizens who may have issues with mobility, wheelchairs, walkers, such.

Similar wording

We don't want to have a cramped pilot house. We wanted to give a little bit more expansion to that. I believe there's an elevator, you know, going up there. And so, obviously, we wanted to have a little bit larger, no harm, no foul. You know, there's no light and air issues to nearby properties.

Similar wording

The next few have to do with landscaping. I'll have Rich show you about the extensive landscaping that we're adding to lots and also keeping within the lots as well.

Similar wording

and also keeping within the lots as well.

Similar wording

The next refusal has to deal with the 49 dwelling units.

Similar wording

So this is an RSA 3 property, I think in name only.

Similar wording

Again, we're surrounded by rather large apartment buildings.

Similar wording

The property itself has a 57-unit structure on it.

Similar wording