civus
Hearing video

ZBA Hearing - November 30, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 30, 20224h 34m

Leave your email and address of the property in question.

Similar wording

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

Similar wording

Any comments have to be directed to our Executive Director, Tanya Sunkett.

Similar wording

Let's look at our continuances for this afternoon.

Similar wording

Number two, MI 2021-003-767, 2622 East Allegheny Avenue.

Similar wording

Number 12. MI 2022-003-964-2236 North 16th Street. And number 13. MI 2022-003-991-4076

Similar wording

6 spring garden street that is a continuance attorney moving party are there any comments

Similar wording

relative to the three continuances i just called good afternoon mr chair this is jason hand i do

Similar wording

not see any hands at this are there any other requests for continuances

Similar wording

once again sir no hands at this time thank you we're going to go to our add-on list

Similar wording

hold on one minute our first add-on list is MI 2020 000 631 4230 Otter Street number two

Similar wording

for point of information RCO Belmont Alliance Civic Association has a letter of support

Similar wording

RCO West Belmont letter of support and the People's Emergency Center has a letter of support

Similar wording

and Councilwoman Gauthier also supports this project. Planning Commission could you please

Similar wording

give your recommendation? Thank you Chair Sarah Bond S-A-R-A-H-B-A-N-H.

Similar wording

All right you swear or affirm to tell the truth the whole truth and nothing but the truth.

Similar wording

Yes.

Similar wording

Proceed.

Similar wording

The comprehensive plan recommends no change to the existing RSA 3 single-family semi-detached housing.

Similar wording

The applicant has failed to demonstrate a hardship.

Similar wording

Accordingly, the Planning Commission recommends the Board deny the variance.

Similar wording

Thank you.

Similar wording

MI 2020-000631-4230 Otter Street, number two, I vote yes.

Similar wording

Carol can't vote on this.

Similar wording

I'm not voting on this.

Similar wording

Great.

Similar wording

Okay.

Similar wording

Jim? No, I'm sorry. I'm sorry, Carol. I did watch. This is Hillary. I watched the video.

Similar wording

You were present for this. You can vote on this one. I had to rewatch it and you were on there.

Similar wording

So, you know, I thought I was. It's Otter Street. Carol Teneri, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Sahih, my vote is yes. Thank you. Our second add-on.

Similar wording

MI-2022-00.

Similar wording

MI 2022-003-642-514 West Burke Street.

Similar wording

I vote yes with proviso.

Similar wording

Revised plans, two pages, stamped by ZBA, November 30, 2022.

Similar wording

Carol Tenere, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with Proviso.

Similar wording

Ishmael Shaheed, my vote is yes with Proviso.

Similar wording

Thank you. We're going to go to regular list.

Similar wording

MI 2022-003-963-10700-NITROVE.

Similar wording

Ronald Patterson is the attorney.

Similar wording

Letter of support from West Tarsdale, Morrell Park Civic Association with a Proviso.

Similar wording

and letter of non-opposition from Councilman Brian O'Neill.

Similar wording

Patterson will be rejoining as a panelist.

Similar wording

Okay, thank you.

Similar wording

Hi, good afternoon.

Similar wording

Hi, Mr. Patterson.

Similar wording

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

Similar wording

Sure.

Similar wording

Sure. Ronald Patterson, P-A-T-T-E-R-S-O-N, with Claire Harrison Law Firm, that's K-L-E-H-R, 1835 Market Street, Philadelphia PA 19103, on behalf of the owner-applicant, which is Thomas Jefferson, Jefferson Medicine.

Similar wording

Thank you. Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Our vice chair has a few questions.

Similar wording

Sure.

Similar wording

Hi, do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes.

Similar wording

Have you emailed the exhibit packet with proof of ownership, tax compliance, the refusal or referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes, I have, to all of the above.

Similar wording

Okay, great. You may proceed and begin to share your screen.

Similar wording

Great, thank you.

Similar wording

Sure.

Similar wording

You see my screen?

Similar wording

Yep.

Similar wording

Just about.

Similar wording

Beautiful.

Similar wording

That's gorgeous.

Similar wording

Yeah. So thank you. This regards 10700 Knights Road. It is a satellite standalone building as part of the Jefferson Tarsdale Hospital complex. And this picture you're looking at as part of the complex.

Similar wording

This is the site here, which is a little bit down the street. But the complex houses the hospital, a trauma center, and a Kimmel Cancer Center. So with regard to this property, it's a standalone building.

Similar wording

um it's located in an rsa4 residential zoning district although as you can see by the building

Similar wording

was never built for residential uh there's an existing music school saturn music school has

Similar wording

has a program there uh it was last used for treatment of of patients and rehabilitation

Similar wording

but so this application uh is for a new medical use that's called it's an outpatient

Similar wording

Vestibular Therapy Program, or VRT as it may be called. It's for patients that have equilibrium

Similar wording

and balance disorders. It's caused by many, many causes. But in this location, which would be half

Similar wording

of the building, the Settlement Music School would stay on the other half of the building.

Similar wording

Let me just locate this here.

Similar wording

We would occupy half of the building and the half of the building, which would be the half that is facing.

Similar wording

Let me get to the site plan here.

Similar wording

This upper half is settlement. This half would be the Rehabilitation Center, access off of Knights Road with a parking lot, having, I believe it's 24 parking spaces.

Similar wording

So access is from there.

Similar wording

Operations would be Monday, 8 to 8 p.m., Tuesday through Thursday, 7 to 8 p.m., Friday, 8 to 4.30 p.m., no weekend hours.

Similar wording

Approximately 10 employees with 40 to 50 patients per day, which translates into about 10 to 12 per hour, which is important to show about the no adverse impacts.

Similar wording

The entrance, as I mentioned, is off a night road. There are 28 spaces, which, based on the numbers I just mentioned, will be more than adequate to suffice for this particular use.

Similar wording

for this particular use. As you can imagine, here's the building. Yeah, it's in a residential

Similar wording

district, but the hardship lies in the design, the configuration, the past and current uses of

Similar wording

the building. Clearly not a single-family dwelling unit and not, you know, viable to convert it to

Similar wording

one. Yet the property can be used to accommodate this use, which has used a medical use in the

Similar wording

past, causing no adverse impacts on the public health, safety, welfare, or traffic, and actually

Similar wording

I would call it a beneficial use for this location. As Chairman mentioned, we did meet with West

Similar wording

Tarsdale Morrell Park Civic Association. The property is also located in a northeast overlay,

Similar wording

which permits no medical uses for historical reasons, but in reality what happens is you

Similar wording

You then meet with the local RCO and explain what your use is and the actual nature of the medical use, which is what we did.

Similar wording

And we do agree to the proviso conditions that were set forth in the association's letter, which I'm putting on the screen here.

Similar wording

So with that said, I'd like to promote one witness, John Malara, M-A-L-A-R-A.

Similar wording

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

Similar wording

Sir, if you're in the virtual audience, please raise your virtual hand.

Similar wording

He's been about to speak, sir.

Similar wording

Do we see him?

Similar wording

Yes, he's been allowed to speak, sir.

Similar wording

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

Similar wording

Sure. Thank you, Chairman. My name is John, J-O-H-N, Malara, M-A-L-A-R-A.

Similar wording

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

Similar wording

Yes.

Similar wording

Proceeding counsel.

Similar wording

Thank you. Hi, John. Could you tell the board your position with Jefferson?

Similar wording

Thank you, Ron. My position is a senior director, clinical operations of the service line, one being physical medicine and rehabilitation.

Similar wording

Okay. And so you're overseeing this project, we could say?

Similar wording

Yes, that's correct.

Similar wording

Okay. And you've heard my presentation. Would you agree that it's true and accurate and you would adopt it as if it were your own?

Similar wording

Yes.

Similar wording

Would you like to add anything about what the services that are being provided here, rehabilitation services?

Similar wording

Sure. I'd be happy to. Thank you, Ron.

Similar wording

And this is a long overdue, really, initiative for the Tarsdale Hospital and really the respective community.

Similar wording

At the present state, we have a physical therapy, occupational therapy, and physiatry location that is in the hospital proper.

Similar wording

As you can imagine, the patients have to come.

Similar wording

They park in the parking garage.

Similar wording

You know, some walk almost a mile to navigate the hospital and the wayfinding to that present

Similar wording

location, and as you can imagine, from a physical therapy standpoint, some of those patients have

Similar wording

significant challenges. This new location, standalone location, would allow for improved

Similar wording

access, and we will be providing services of physical therapy, occupational therapy, speech

Similar wording

therapy and physiatry, which would be EMGs. Great. And as you mentioned, there is parking

Similar wording

here as shown on the screen. And is it your position that this parking is adequate to serve

Similar wording

the number of employees and patients you expect to receive per hour? Yes, it is. And you also

Similar wording

are aware of the provisos and we agree that there's proviso conditions, John? Yes, I do.

Similar wording

Okay. Thank you, Mr. Chairman. That's all I have. Thank you. Questions from the board?

Similar wording

no mr chairman no questions or comments from the virtual audience

Similar wording

no answer mr chair okay planning commission thank you chair sarah bond philadelphia city

Similar wording

planning commission s-a-r-a-h-b-a-n-h board members the proposed use is consistent with

Similar wording

documented previous uses on this property the city planning commission recommends that the

Similar wording

Zoning Board grant the variance. Thank you. MI 2022-003-963-10700-NITRODE. I vote yes with

Similar wording

proviso. Use limited to provisions of physical, speech, occupational therapy, as well as

Similar wording

electromyography testing. Carol Tenere, my vote is yes with proviso. Thomas Holliman.

Similar wording

Harold Tenere, my vote is yes with provisos.

Similar wording

Thomas Holliman, my vote is yes with provisos.

Similar wording

James Snell, yes with provisos.

Similar wording

Ishmael Shaheed, yes with provisos.

Similar wording

Thank you counsel.

Similar wording

Great, thank you. Have a great day.

Similar wording

You too.

Similar wording

Number three, MI 2022-004-017-5427 Wayne Avenue.

Similar wording

So, Dorothy Ann Hamill is the attorney.

Similar wording

Letter of support from Faith Community Development Corporation.

Similar wording

Councilwoman Cindy Bass is not opposed to the granting of this variance.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

I just wanted to update a couple things on this case.

Similar wording

One, we have to receive the tax clearance.

Similar wording

So, unless the board would like to deliberate on this case,

Similar wording

after it hears it. It can be voted on today. Secondly, we received a letter from Swampoodle

Similar wording

Neighborhood Parcels Association, another RCO in the area, asking for a temporary three-year

Similar wording

special exception and that the trash be stored in another location. Councilman Bass was in support

Similar wording

of a temporary three-year special exception. Thank you. Thank you very much. Dorothy Ann Hamill,

Similar wording

Please, the attorney.

Similar wording

Mr. and promote it to the panel, sir.

Similar wording

Hi, could you state your name?

Similar wording

Good afternoon, members of the panel.

Similar wording

My name is Dorothy Hamill.

Similar wording

I represent the owner of the property.

Similar wording

This is an application to, for a zoning, for a.

Similar wording

Yeah, so why don't we do this?

Similar wording

Why don't you do me a favor?

Similar wording

Could you spell your name for the court reporter first?

Similar wording

Oh, sure. I totally forgot. Dorothy Ann, D-O-R-O-T-H-Y-A-N-N-E, one word. Hamill, H-A-M-I-L-L, with Sherlin, Lesser, and Benson.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client in a relationship to this property?

Similar wording

My client is the owner of the property at 5427 Wayne Avenue.

Similar wording

could could you tell me who that owner is it's colonial apartments okay colonial garden apartments

Similar wording

llc all right so our vice chair has a few questions i'm the samuel do you agree to

Similar wording

wave the reading of the refusal and stipulate to its accuracy i do have you emailed the exhibit

Similar wording

packet with proof of ownership tax compliance refusal referral photos under plans of the

Similar wording

property five days in advance of this hearing and have you met with the rco and do you have a letter

Similar wording

i do okay you may proceed and begin to share your screen which is already up let's see

Similar wording

sorry i got ahead of myself this is uh so this project at 5427 wayne avenue this property is

Similar wording

an apartment complex consisting of 72 units, and there are two non-residential spaces at the

Similar wording

property. The proposal today is for the operation of a group daycare, which has a maximum

Similar wording

occupancy of 12 children. The plan is for children between the ages of three months

Similar wording

and three and a half years. I've provided a copy of the deed showing ownership of the property.

Similar wording

This is a copy of the application for appeal and the referral. I've included copies of the postings

Similar wording

at the property, a copy of the letter to the RCOs and the neighbors, a copy of the

Similar wording

certified letters that went out to the neighbors for the hearing. And so these additional pictures,

Similar wording

So to give a little background, we had met with the community groups about three and a half weeks ago by Zoom, obviously.

Similar wording

And at the time of the hearing, there were the members of the local community organization's management, but there were no actual community members.

Similar wording

So the RCUs asked us if we would reschedule the meeting, try again, and flyer the neighborhood.

Similar wording

and flyer the neighborhood. Bright colored postings to be delivered to the houses within

Similar wording

Bright, colorful.

Similar wording

the 200 block area. Postings all within the building and down the main corridors.

Similar wording

which we did and I have here I have a few pictures of the postings within the building I can also

Similar wording

share if need be which I received today pictures of postings taped to sidewalks the quarter

Similar wording

quarter sidewalk walls, the telephone poles in the neighborhood, various areas to notify the

Similar wording

neighbors of the second hearing. We had the second hearing with the RCO on Monday,

Similar wording

made our presentation. At that time, the same, the issue arose, which was the same issue that

Similar wording

arose in the first hearing, which was not particularly about the use, but regarding

Similar wording

the trash situation at the property. And the trash, this is pictures of the project

Similar wording

and down the street uh our client has had to own the property for about four years

Similar wording

they made significant upgrades to the property uh security cameras lighting uh updated the

Similar wording

apartments and um have done a lot of work to the property and have now looking you know have had

Similar wording

some interest for the two non-residential spaces, which is where the tenant comes in.

Similar wording

This is the layout of what the space will look like, and then this is an actual interior

Similar wording

picture. So the issue with the trash is that the only place for the trash container to be

Similar wording