ZBA Hearing - March 1, 2023

here today testifying, but in our petitions, I do respectfully request that this variance be

granted either permanently or given the real concerns that folks have just in general about

years and years of disinvestment and crime, perhaps a temporary variance. Thank you.

Thank you. Planning Commission.

thank you chair sarah bond philadelphia city planning commission s-a-r-a-h-b-a-n-h

the comprehensive plan recommends this property for commercial mixed use two in 2014 the zoning

map was amended to commercial mixed use one at this location the appellant has not supported

their hardship claim with evidence of unique physical circumstances or conditions of the

property for this variance use. The City Planning Commission recommends that the board deny the

variance. Thank you very much. Council, we've heard a tremendous amount of testimony today.

What I'd like to do is sit with the board in an executive session next Wednesday, and we'll look

to vote on this at 2 p.m. next Wednesday. I do thank you, Mr. Chair. Just one final point to

address the Planning Commission's point is that it's a 700 square foot small commercial space

where there is no viable tenant, despite my client's best efforts, but for another sort

of property that is already causing concern for the neighbors. And that's exactly not what my

client would like to do here. So thank you. Thank you, counsel. And thank you for everyone

who took the time in the call and participated today. We're going to move on to number 12,

MI 2022-005-925-2528, East Allegheny Avenue. Henry Clinton is the attorney.

Letter of support from the Southport Richmond Civic Association,

and letter of non-opposition from Council Member Squilla.

Mr. Clinton is in as a panelist.

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

Sure. Henry Clinton, C-L-I-N-T-O-N.

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

I do.

Could you identify your client and their relationship to the property?

Sure. My client is Voytek, V-O-Y-T-E-K, Spadio, S-P-A-D-I-O, and I believe he's on the call.

Okay. Our vice chair has just a few questions, sir.

Good afternoon, Councilor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

I do. Well, I think Ms. Emerson wants to comment on that.

Yes, thank you, Mr. Clinton. One of the refusals was for commercial services, a general category that doesn't exist in the voting code.

The board cannot grant a variance for this. I've discussed this with Mr. Clinton, and we have addressed this via proviso.

should the board decide to grant the application.

Thank you.

Understood.

So, Council, you have emailed all the required documents

five days in advance to this hearing.

I have.

I believe we have everything.

So if you can share your screen and proceed, please.

Thank you, Mr. Seguin.

The screen is loading, Mr. Chairman.

Coming up.

a little slow, Henry. Wow. I'll say. Why? Why? I don't know.

Here we go. Here we go. We're good. Thank you. Thank you, Mr. Chairman. Good morning,

Mr. Chairman, members of the board, Henry Clinton for Voightech Properties, the principle

of which is Wojtek Spadio.

Wojtek Spadio. We're here today with the table of contents AA through A10, which I ask to be

We're here today with the table of context.

admitted into the record. My appearance statement, the refusal is the key document. This is an RSA

5 zoning district, but as I will show the board from aerial photographs, it's really a commercial

strip on Allegheny Avenue. And the request is to have a two-family dwelling and commercial on the

first floor. As Ms. Emerson said at the outset, we're going to ask for a proviso at the end,

if the board looks kindly upon this application, that we be permitted to have two apartments,

one on the second floor, one on the third floor, and that the first floor just be vacant. And at

some point in the future, we'll have to come back before the community and the board to ask for that

relief with regard to commercial usage. We do have an RCO letter of support, as the chair mentioned

at the outset of this presentation, pretty much overwhelming support, 13 to 2.

This is a photograph. So the subject property is right here where my cursor is. It's the only

three-story property on the block. That's why we're seeking an apartment on the second floor

and an apartment on the third floor.

The other uses on the block,

starting from the far right,

is a chiropractor's office and an apartment,

which the board approved,

and I had the application about a year ago.

This is a citizen's bank to the west.

Then there's a loan processing two-story building

adjacent to the subject property.

On the other side of the subject property is a deli

and one apartment above,

because again, it's only two stories.

At the far end of the block is a pharmacy on the first floor, an office on the second floor, and then once you cross the small street here, there's an auto tag company on the first floor and three apartments above, and that happens to be a three-story structure.

This is a ground-level view, again, showing the chiropractor office from right to left, bank, loan processing, subject property, three-story, deli, corner office, an apartment above, and then auto tag and three apartments.

Just another aerial view showing the rear of the property, that it is, in fact, three stories, kind of steps up in the back.

and then some interior photographs showing you that the first floor is vacant as is the second

floor and third floor right now copies of the zoning posters and a close-up view of the three

story structure our plans are fairly simple we're asking for a roof deck two apartments

one on the second floor one on the third floor the elevation is to the right we're not changing

the brick facade. We are going to do some changes, perhaps in the very front, but that's not a zoning

issue. We just pointed that out to the community in an effort to have full disclosure as to what

we intended to do when we came back to the community a second time.

The rest of the documents are the tax certification, our application, basically the pro forma documents

that the board sees on every presentation and a zoning map.

Again, it's kind of a misnomer to have all the properties on this side of Allegheny Avenue

zoned as residential, I think, because of the wideness of the street and because of

the other commercial uses up and down Allegheny Avenue.

The properties that may have been single family at one time in this area morphed into a commercial

use on the first floor with multifamily and or office on the second and third floors.

This is just a deed, our notice letter, indicating that we did mail out 138 notices to all the surrounding neighbors, and we did have a community meeting.

So in conclusion, I think we have a unique circumstance here where we have a zoning district that doesn't really support what is actually on the block.

It doesn't relate to what's on the block.

We have numerous commercial uses, as I indicated on the aerial photographs and on the floor level.

I'll go back to that.

Yeah, as we indicated in this photograph here, we're not impacting anybody's light and air.

We're not changing the height of the building.

We're not changing the footprint of the building.

We're not changing the brick look of the building or the nice corners at the top.

basically using this structure to mimic what else is on the block.

And because we have three stories, we're able to add an apartment

similar to where the auto tag place is at the far corner.

Similar to where the auto tag place is at the far corner, which has three apartments on the second and third floor.

So I would like to have my client unmute himself and adopt my testimony, Mr. Chair, if that's okay with you.

Okay, that's perfect.

Mr. Spadio, can you unmute yourself, please?

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

Mr. Spadio, can you raise your hand?

I don't see him there.

Mr. Spadio, are you in the audience?

Mr. Clinton, you are an officer of the court and we'll gladly accept your testimony.

Thank you, Mr. Chairman.

I do appreciate that.

Questions from the board?

Questions from the board?

No, Mr. Chairman.

No, Chair.

Questions or comments from the virtual audience?

I see no hands, Chair.

Planning Commission?

Thank you, Chair.

Sarah Bond, Philadelphia City Planning Commission.

S-A-R-A-H-B-A-N-H.

The comprehensive plan recommends a zoning map change to commercial mixed use 2.

The variance use conforms to the recommended CMX 2 zoning district in the comprehensive plan.

The City Planning Commission recommends that the Zoning Board grant the variance.

Thank you. MI 2022-005-925-2528 East Allegheny Avenue. I vote yes, proviso. This approval is for two-family household living on the second and third floors only. First floor is to remain vacant. Use registration required prior to occupancy.

Thomas Holloman, my vote is yes with proviso

James Snell, my vote is yes with proviso

Ishmael Shaheed, my vote is yes with proviso

Thank you, counsel

Thank you, Mr. Chairman, have a great day, everyone

Is there anyone in the virtual audience whose 2 o'clock case has not been called?

No hands, Chair

We're going to take a five-minute break and then we'll be back for the 3.30 list

and we should be able to move through it pretty quickly

Thank you, everyone

.

Thank you.

Thank you.

Thank you.

Thank you.

You

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Mr. Kelly, are you back?

I am, yes.

Kelly, thanks for reminding me the last time.

You're welcome, Chair.

And, Chair, we're all in, and the recording is on, so whenever you're ready to start,

we can begin.

My name is Bill Bergman, and I will be chairing this afternoon's 3.30 DBA hearings.

With me is our Vice Chair, Ismael Shahid.

President, Mr. Chairman.

Thomas Holloman, our board member.

President, Mr. Chairman.

James Snell, our board member.

Present, Mr. Chairman.

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

Here's our virtual format.

Be advised.

The proceedings are being recorded.

The video will be available by contacting TanyaSunkett at phil.gov.

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

If you're participating by phone and you wish to testify, press star nine to raise your hand

and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

and the address of the property in question. And finally, the question answer box on the screen is

not for comments or testimony. Any comments should be directed to our executive director,

Tanya Sumkin. Let's look at our continuances on the 330 list. Number one, MI 2021, 004.

Number one, MI 2021 004-365-4501 Belgrade. That case is continued. Number two, MI 2022 002-567-1412

South 52nd Street. That case is continued. Number eight, MI 2021-004-541-251 Ripka Street.

that case is continued mark must be tried and number nine

NI 2021 004 460 1508 Nidro Avenue that case is continued mark must be tried

are there any other are there anyone with comments relative to those continued cases

chair i see a hand up from david garcia okay

mr garcia can you unmute

mr garcia could you state your name and spell it please for the court reporter

yes mr chair david garcia g-a-r-c-i-a-p-a-i-d number 54351 right you swear for him to tell

the truth the whole truth and nothing but the truth yes sir and what case do you have mr garcia

this is um it's on your calendar it's mi20022 i see 02679 and you are you requesting a continuance

yeah yes mr chairman if i if my just briefly if i may sure we've been trying to get a meeting

together with the rco in this case which is more by speranza they have had some turnover

However, the individual that originally was in charge of this is no longer there.

I'm afraid this may have fallen through the cracks.

I will tell you, Mr. Chairman, we did meet with them originally, and they wanted us to have, I guess, a sub-meeting with some of the community members.

So we have tentatively scheduled to meet these community members on the 20th of this month.

Okay, fine.

All right.

Thank you.

So MI 2022-002-679-515-17 West Erie Avenue, that case is continued.

And thank you for calling in, sir.

Are there any other requests for continuances?

I see no hands, Chair.

I have two cases here that I do not have documents for.

Number three, MI 2021, 004-538-3516 North A Street, Joseph Estrada, no exhibits, third listing.

Mr. Estrada, if you're in the audience, could you raise your hand?

I don't see him there, Chair.