civus
Hearing video

ZBA Hearing - October 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 29, 20255h 57m

There you go, Henry.

Similar wording

There you go, Henry.

Similar wording

Thank you.

Similar wording

Yes, thank you.

Similar wording

Thank you, Mr. Hegarty.

Similar wording

Thank you, Ian.

Similar wording

Good morning again, Mr. Chairman and members of the board.

Similar wording

I'm here on behalf of C&B Legacy Enterprise.

Similar wording

This is a re-legalization of a child care center that was approved by a prior board in 2014.

Similar wording

It's occupied by a tenant, Robin Lewis, and I believe she is on the call.

Similar wording

Just by way of history, my clients purchased a property in 2018, and at the time that they

Similar wording

purchased it, it was a legal daycare center.

Similar wording

Unbeknownst to them, the use permit that was issued in 2014 had a five-year sunset provision.

Similar wording

So when my clients bought it, it was legal, but then that legality ran out two months

Similar wording

later, unbeknownst to anybody, in particular, my clients. The daycare has been operating

Similar wording

since the five-year sunset period, which ran out in 2018, has been operating continuously from that

Similar wording

time to the present time with the annual inspections by the Department of Human Services.

Similar wording

But unfortunately, no one knew that the zoning lapsed until my clients contacted an architect

Similar wording

to consider putting on a second floor on this one-story structure, and the architect alerted

Similar wording

my clients that it really wasn't zone problem. So we're here before you to, as I say, re-legalize

Similar wording

this child daycare center. We don't have any violations or complaints from the neighborhood.

Similar wording

This is something that my clients want to do to make it right. That's kind of the background,

Similar wording

and I'll walk through the presentation.

Similar wording

Table of contents, A1 through A10.

Similar wording

Refusal, RSA 5 zoning district,

Similar wording

child care center, obviously is not permitted.

Similar wording

We met with the RCO last night,

Similar wording

Wissahyp, no meaning civic.

Similar wording

They said they would get a letter.

Similar wording

I believe I was there.

Similar wording

I think the meeting went well,

Similar wording

but I don't have a letter

Similar wording

and I'll ask that we submit that later

Similar wording

when it is issued.

Similar wording

uh photographs just an aerial view closer view this is a property that runs the length of

Similar wording

jackson street where my cursor is down to glenlock and this is pratt street here

Similar wording

on jackson street is a two-family dwelling uh the the length of the property is about 125 feet

Similar wording

And so the half that fronts on Jackson is residential.

Similar wording

The back half, and these sections are probably split evenly, is the one-story daycare with a yard area.

Similar wording

So if you have 125 feet, it's about 60 feet of residential and 60 feet of commercial or daycare center.

Similar wording

And we do have a permit for the two-family dwelling on Jackson.

Similar wording

I'll show you that as we walk through the presentation.

Similar wording

This is looking on Pratt Street.

Similar wording

This is the one-story structure.

Similar wording

It used to be a three-car garage back in 2012 and 2013.

Similar wording

This is the main entrance.

Similar wording

It's about 695 square feet.

Similar wording

This is the interior.

Similar wording

It's licensed by DHS for up to 14 children from ages 0 to 12.

Similar wording

This is Ms. Lewis. She's at the front door. Check children in as they come in.

Similar wording

And as I said, I think she's on the call. She talked about trying to be on the call.

Similar wording

This is just a panoramic view, which I asked Ms. Lewis to take on the inside.

Similar wording

So this is the accessible bathroom here. There's also a door to the rear yard.

Similar wording

The children go out every day as long as it's not less than 40 degrees.

Similar wording

Let me go back.

Similar wording

There's also a kitchenette.

Similar wording

There's food that are served, chicken nuggets, macaroni and cheese.

Similar wording

Transmitting.

Similar wording

can i be heard you're good henry thank you mr chairman so again just more interior photographs

Similar wording

uh hardwood lammett on on the floor uh ample lighting cubby holes accessible bathroom also

Similar wording

a changing table with supplies above this is the outdoor area as i said the property if if it's

Similar wording

split in half roughly uh this is the play area this is the rear door to get to the child care

Similar wording

Center. These are the postings. Noticing the community meeting as well as today's hearing.

Similar wording

Noticing the community meeting as well as today's hearing.

Similar wording

And then we have plans.

Similar wording

I'm going to have to blow these up a little bit.

Similar wording

So as I mentioned at the outset, the residential portion is toward Jackson Street.

Similar wording

The rear is toward Glenlock Street.

Similar wording

And child care facility, these are the plans that were submitted to DHS.

Similar wording

The play area in the rear, as I said, it was a three-car garage at one time, converted in years 2013 to 2014.

Similar wording

Here's a blow-up of the rear section of the building, indicating the accessible bathroom, the kitchen.

Similar wording

There's also a sink in the bathroom, refrigerator, and also a small kitchenette.

Similar wording

I wanted to get to the zoning documents.

Similar wording

There was a balance of 583, but my client paid that with a little bit of interest, so we're now clear on the taxes.

Similar wording

Soning map indicating RSA residential.

Similar wording

It is a through property, as I said, from Jackson to Glenlock.

Similar wording

This is indeed indicating ownership, so my clients purchased it in March,

Similar wording

and the sunset provision of the original use permit expired in May of 2018.

Similar wording

As I said, we had an issue with regard to the lease.

Similar wording

The lease that my client was operating under with the existing tenant

Similar wording

has been in place since 2014 or so.

Similar wording

And since that time, they just operated on a month-to-month lease.

Similar wording

And as of yesterday, you can see it was dated yesterday,

Similar wording

just before the community meeting.

Similar wording

That lease was revived and then amended to indicate an increase in rent.

Similar wording

And that is, in fact, a month-to-month.

Similar wording

This is the commercial lease that was in play in 2015.

Similar wording

A notice letter to all the residents within 250 feet of the property.

Similar wording

152 pieces were mailed out.

Similar wording

The Pratt Street, Jackson Street, Glenlock.

Similar wording

And then here are the zoning records.

Similar wording

Again, it's a street-to-street parcel.

Similar wording

You can see the prior three-car garage.

Similar wording

This is just a hand-drawn site plan.

Similar wording

Zoning permit from 2003 indicating that there are two apartments in the front structure.

Similar wording

Obviously, we're not here for that, but I thought the board would want to see that.

Similar wording

This is the use permit that I discussed that was issued.

Similar wording

Let me blow that up.

Similar wording

In 2013, providing for a child care center, daycare center, but here's a proviso, five-year sunset provision and limitation of 14 children.

Similar wording

This is just some historical zoning records.

Similar wording

They're not really pertinent for our use.

Similar wording

Also, I found some permits from the year 2013-14 for electrical work.

Similar wording

Let me see if I can flip that around.

Similar wording

This is a 2013 electrical permit.

Similar wording

Let me flip it back around.

Similar wording

This is a plumbing permit from the same time frame, 2015, indicating work was done by reliable plumbing and draining.

Similar wording

Another electrical permit from 2013, and this is obviously a key document.

Similar wording

This is a certificate of compliance issued to Robins Nest Child Development Center.

Similar wording

That is the tenant. The LLC is owned and operated by Ms. Lewis, who has a BA in child development.

Similar wording

She has two other staff members. As I said, there's 14 children.

Similar wording

We're capped, even though the legal capacity is 15.

Similar wording

Currently, there's eight toddlers, ages one to two, two four-year-olds, and two age six and eight.

Similar wording

There are annual inspections by DHS to make sure the facility is in compliance.

Similar wording

There are no known complaints from any of the neighbors, and they've been operating, as I said, without the necessary zoning permit, although they have been certified as licensed by the Department of Human Services.

Similar wording

So my clients are on the call, as I believe is Ms. Lewis, if there's any questions, but I would like to...

Similar wording

uh as i believe is miss lewis if there's any questions but i would like to at least have my

Similar wording

client unmute themselves and adopt my testimony why do you have your client adopt your testimony

Similar wording

miss mcfadden how many years have they ran the property so my clients have owned it since 2018

Similar wording

okay the tenant thank you it's been in the building since 2015 when it was redone okay thank

Similar wording

Thank you.

Similar wording

Ms. McFadden, can you unmute yourself or Mr. McFadden?

Similar wording

Can you please raise your hand, Mr. or Mrs. McFadden?

Similar wording

There are no hands raised at this time.

Similar wording

On the call.

Similar wording

Yeah, they're on audio.

Similar wording

They said they're on audio.

Similar wording

Is there a phone?

Similar wording

Do you know which telephone number they're calling from?

Similar wording

Yes.

Similar wording

It'll be 215-499-8760.

Similar wording

they're allowed to speak thank you very much good morning could you please state your name

Similar wording

and spell for the stenographer

Similar wording

this is mcfadden can you please unmute yourself yes yes i have could you please state your name

Similar wording

and spell for the stenographer yes my name is benita mcfadden that's b like boy e n i t t a

Similar wording

last name mcfadden all right do you swear or affirm to tell the truth the whole truth nothing

Similar wording

but the truth yes i do uh proceed counsel thank you mr chairman uh hi mr mcfadden how are you

Similar wording

i'm doing well how are you good good were you and your husband on the telephone uh participating in

Similar wording

this call when I presented your project? Yes, sir. And based on what you heard from me, would you

Similar wording

adopt my testimony as true and correct as if you were to testify? Yes. All right. Thank you very

Similar wording

much. Questions from the board. You're welcome. Yes. For the above residential unit, how do you

Similar wording

access that unit uh that that's accessed off of jackson street if i can get i'll pull that back up

Similar wording

if i can yeah that's accessed on jackson street not on the not on the side right

Similar wording

all the questions is this this is a this is of the daycare is the least right correct is that

Similar wording

what it is yes yes mr johns um i have no issues with the project just a i just a general comment

Similar wording

the exterior is kind of dismal is are there any plans to do anything with the exterior of the

Similar wording

daycare yeah i believe uh mr mcfadden are considering painting it they were considering

Similar wording

put it on the second floor but i don't think that that's going to move forward so they had discussed

Similar wording

painting it can you tell me the ages of the children again sure currently there's toddlers

Similar wording

ages one to two there's eight there are two four-year-olds and they're one child six and one

Similar wording

child eight okay all right thank you other questions questions or comments from our attorney

Similar wording

questions or comments from our attorney hillary emerson not at this time mr chair questions or

Similar wording

comments from the virtual audience no hands at this time chair planning commission thank you

Similar wording

chairman and good afternoon david effecto with the city planning commission chairman and board

Similar wording

members the comprehensive plan recommends a change in zoning at this location from rsa 5

Similar wording

residential single family to rm1 residential multifamily the city rezoned this neighborhood

Similar wording

in 2014 at that time this property zoning changed to rsa 5. the zoning board approved a use permit

Similar wording

in 2013 for daycare center with a temporary five-year proviso that restricted the use

Similar wording

to a maximum of 14 children the city planning commission recommends the board grant the

Similar wording

request to use variants for a child care center.

Similar wording

We noticed, Henry, there's no RCO letter, right?

Similar wording

Correct.

Similar wording

We met with him last night.

Similar wording

i know could you attempt to get it and we'll vote one of this next uh we'll do it next wednesday

Similar wording

I know.

Similar wording

Could you attempt to get it, and we'll vote on this next, we'll do it next Wednesday.

Similar wording

certainly all right so everything is closed other than an rco letter and obviously uh council would

Similar wording

have an opportunity to respond to the rco letter if we don't have the rco letter we'll take the

Similar wording

necessary action okay thank you mr chairman all right thank you all right is there anyone in the

Similar wording

virtual audience whose case has not been called no excuse me this is isaac howland i was um

Similar wording

I had a technical difficulty earlier, but I was able to get access to this panel.

Similar wording

Is this the one who is 28-30 West Hanes?

Similar wording

Your case has been continued, sir.

Similar wording

Okay.

Similar wording

And we gave a date.

Similar wording

And if you have any problems next time, because we think you had a computer issue, the staff is more than willing to help you to prepare.

Similar wording

Okay, cool.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

I see everybody too. Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's meeting. With me is our vice chair, Timothy Graham.

Similar wording

Present, Mr. Chairman.

Similar wording

Our Board Secretary, Cheryl L. Gaston.

Similar wording

Present, Mr. Chairman.

Similar wording

Our Board Member, Michael Johns.

Similar wording

Present, Mr. Chairman.

Similar wording

Board Member, Ty Wynn.

Similar wording

Present, Mr. Chairman.

Similar wording

And our Board Member, Ryan McAdams.

Similar wording

Present, Mr. Chairman.

Similar wording

Also, here is Hillary Emerson, our Attorney, our Executive Director, Ian Haggerty, and

Similar wording

our Board Administrator, Lakeisha Dandit.

Similar wording

Recording this hearing will be posted on the ZBA website.

Similar wording

By participating, you agree to be recorded.

Similar wording

This is an in-person meeting with remote capabilities.

Similar wording

Whether remote or in person, if you're called to speak, you must spell your name and wait to be sworn in.

Similar wording

Once you're sworn in, please state your name each time before beginning your testimony.

Similar wording

Any person can enter their appearance to become an interested party.

Similar wording

You can identify the case address of your Zoom webinar.

Similar wording

You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

Similar wording

Call 267-270-5548.

Similar wording

leave a message that includes your email address and the address of the property of the appealed

Similar wording