civus
Hearing video

ZBA Hearing - September 16, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Sep 16, 20252h 27m

And we're looking to erect there on a new structure, which would have a two-bedroom

Similar wording

apartment on the second floor, together with a two-space parking garage with accessory

Similar wording

storage for all three units on the first floor. So the new refusals or corrected refusals indicate

Similar wording

that we require 480 square feet per unit, and that, you know, in late that five are requested,

Similar wording

we need 2,400 square feet. We're only requesting three, and the lot is 2,400 square feet.

Similar wording

So therefore, we're permitted 4.1 units or four units total based upon the square footage.

Similar wording

I remind the board that years ago, we obtained zoning board approval for an addition that would result in four dwelling units in the existing front building, whereas the garage unit in the back would go away.

Similar wording

That was never implemented, never constructed, and never pursued.

Similar wording

So, until this day, we are only seeking a total of three units on a 2,400 square lot, and therefore, we believe that this refusal is either non-applicable, incorrect, or, you know, otherwise, you know, the board can either grant relief or disregard it.

Similar wording

The next one is the roof deck.

Similar wording

As we all know, roof decks must be set back five feet from the front property line.

Similar wording

If you look at the plans, the roof deck is on the new structure, which is at the far rear of the property.

Similar wording

The lot is 100 feet deep.

Similar wording

The new structure is 36 feet long from the rear of the property.

Similar wording

So we submit that the rear setback for the deck is at least or plus or minus 64 feet from the Orthodox Street front property line.

Similar wording

If the board is of the mind for us to set back the deck at the rear by the distance of five feet, we have no objection.

Similar wording

And if that's the case, we would either withdraw that variance request or the board can, you know, make the appropriate, you know, relief.

Similar wording

OK, the next is the ADA parking space.

Similar wording

We submit that we did prepare plans and show plans that we could, instead of having two interior parking spaces in this new structure, we could certainly make it just one ADA accessible space.

Similar wording

However, you know, pursuant to discussions with the RCO, you know, I mean, that accommodation can always be made if we have an ADA tenant.

Similar wording

But in any event, it would decrease the number of off-street parking spaces made available for this three-family dwelling.

Similar wording

You know, considering one person can park out front on Orthodox Street and two persons can park in the newly constructed interior garage.

Similar wording

The next refusal is no commercial use on the first floor as required in CMX 2.

Similar wording

We submit that there's never been commercial use on the first floor of this building.

Similar wording

It's always been used residentially.

Similar wording

So we submit that it was previously approved and it's an existing condition and therefore may continue as such.

Similar wording

And then on, I'm sorry, page two of the revised or corrected refusal, the maximum occupied area would be 1,500 square feet at 75%.

Similar wording

We are slightly over at 80, roughly 80% at 1,608 square feet.

Similar wording

So we're seeking a small variance of 108 square feet, which, you know, quite frankly, is about the size of my office that I'm sitting in right now.

Similar wording

And then the rear setback of the structure, this structure fronts on a shared alley running behind Orthodox Street or parallel with Orthodox Street.

Similar wording

running behind orthodox street or you know parallel with orthodox street currently the

Similar wording

existing garage runs right up to the property line uh what we have done is uh propose a new structure

Similar wording

that is one and a half feet off the property line which aids in the assistance of the turning radius

Similar wording

from the alleyway into the two you know the two parking space garage so we we believe that's a

Similar wording

de minimis variance. It is a rear alley. It's not the street front. If it was the street front,

Similar wording

it could be right out to the property line, just like the existing building. So that is the sum

Similar wording

and substance of the revised or corrected refusal. For the record, I spoke to Bridesburg Civic

Similar wording

Alliance, Yvonne Stevens, and she did share an email yesterday reasserting their support of

Similar wording

this application that email was forwarded to the board and the city planning commission and i

Similar wording

believe at the last hearing one of the reasons we had to have a resumption hearing was because

Similar wording

planning commission at that time did not put on the record its recommendation as to this application

Similar wording

okay when do you bring your client on to adopt your testimony all right hang on one second let me

Similar wording

stop chair

Similar wording

okay

Similar wording

alright as you can see for the record

Similar wording

behind me is Joe Ramos

Similar wording

Joe please raise your hand

Similar wording

Joe could you please state your name

Similar wording

and spell it for the stenographer

Similar wording

state the name

Similar wording

state your name and spell it for the record

Similar wording

oh okay

Similar wording

Jose Ramos

Similar wording

last name is R-A-M-O-S

Similar wording

right

Similar wording

do you swear or affirm to tell the truth

Similar wording

the whole truth nothing but the truth

Similar wording

Yes, of course. Please proceed, counsel. Thank you, chair. Joe, you've heard my representations to the board today. Yes, I did. Are they true and correct to the best of your knowledge, information and belief? Yes, they are. Would you adopt those representations as your own testimony? Yes, I do. Thank you very much. Questions from the board.

Similar wording

questions or comments from our attorney hillary emerson yeah i just want to acknowledge mr ward

Similar wording

yes there's still some issues um with the refusal but we can work with it as is um and um the board

Similar wording

can just note it's actually not i thought it was it had been amended but it actually was corrected

Similar wording

so it you can just note that it's per refusal dated if the board or whatever the vote is per

Similar wording

refusal dated. And then if the board does grant, indicate that it is for three dwelling units at

Similar wording

the property, not five. Yeah. And for the record, Hillary, the date of the corrected or corrected

Similar wording

refusal is March 28, 2025. Yes. Yes. That's what I have as well. Thank you. All right.

Similar wording

Okay. Questions or comments from the virtual audience?

Similar wording

i see no hands at this time chair planning commission amy wood with the planning commission

Similar wording

the comprehensive plan recommends a change in zoning at this location from the current cmx2

Similar wording

commercial mixed use to rm1 residential multifamily the proposal for no ground floor commercial would

Similar wording

be allowed in the rm1 district and matches the character of the block the proposal for three

Similar wording

units would be allowed by right in both districts the proposed roof deck would be on the back

Similar wording

structure and not visible from the street and the proposal for 80 occupied area is a de minimis

Similar wording

divergence from the acquired 75 percent the impellant has not demonstrated why they cannot

Similar wording

comply with the accessible parking requirements the proposed rear yard setback is existing and

Similar wording

in the character of other properties sharing the back driveway the planning commission recommends

Similar wording

that the board grant the requested variance for roof deck setback no ground floor active use

Similar wording

occupied area rear yard setback and grant the requested variance for a multi-family with

Similar wording

proviso max three units and deny the requested variance for accessible parking thank you

Similar wording

mi 2023 002 457 23 for 23 64 orthodoxy i vote yes um per corrected refusal dated

Similar wording

3, 28, 25, maximum three dwelling units, and all the other board members will certify that

Similar wording

they watched the video on May 15, 2024.

Similar wording

I, Cheryl L. Gaston, certify that I watched the video recording of the May 15, 2024 hearing

Similar wording

in this matter, and my vote is yes with provisos.

Similar wording

i excuse me i ryan mcadams certify that i watched the video recording

Similar wording

that I watched the video recording of the May 15th, 2024 hearing in this matter,

Similar wording

of the may 15th 2024 hearing in this matter

Similar wording

and my vote is yes with provisos.

Similar wording

I tie a win, certified that I watched the video recording of the May 15th, 2024 hearing in this matter,

Similar wording

and my vote is yes with provisos.

Similar wording

Okay. Thank you, counsel, and glad you're back.

Similar wording

Thank you, Mr. Chair. Have a great afternoon.

Similar wording

Sure. Number six, MI-2025-001-088, 1518 Moore Street.

Similar wording

Vern Anastasio is the attorney.

Similar wording

There's a letter of support from the East Point Breeze Neighbors Association,

Similar wording

and there are several provisos.

Similar wording

Vern Anastasio will be rejoining us.

Similar wording

Sure, thank you.

Similar wording

Good morning, Mr. Chair.

Similar wording

Good morning, Counsel. You've already been sworn, just for the record, state your name.

Similar wording

It's Vern Anastasio. I represent Ms. Lindsay Everett.

Similar wording

Okay. Janetta Graham, our board member, has a few

Similar wording

questions, sir. Good morning. Have you submitted your

Similar wording

documents five days in advance of this hearing? Yes, ma'am.

Similar wording

And do you waive the refusal and stipulate to its accuracy? I do.

Similar wording

All right. Thank you. You may proceed to share your screen. Thank you.

Similar wording

Chair, first, I'm going to start with the letter that I'm moving into evidence from East Point Breeze neighbors.

Similar wording

They have a letter of support asking for two provisos commercial trash service, which, of course, we agree to, in addition to some of the music limitations on time.

Similar wording

10 p.m. Sunday through Thursday, 11 p.m. Fridays and Saturdays, closing at 11 p.m. Sunday through

Similar wording

Thursday, and 1 a.m. following Fridays and Saturday nights. We have no problem with any

Similar wording

of those provisos. So I want to make sure that that is moved into evidence. Okay. I also want

Similar wording

to move into evidence. Can you confirm you see this screen? We do see this. Okay, great. We've

Similar wording

got lots and lots of immediate neighbors signatures of support for this. It's basically a small venue

Similar wording

for events. And as you can see here, my client went door to door using the addresses given to

Similar wording

us by the planning commission back in May and got signatures from everybody that she possibly could

Similar wording

in support of this small event space.

Similar wording

Moving that into evidence as well.

Similar wording

The application, it's a referral, CMX2,

Similar wording

which as you know means we're not here for a variance.

Similar wording

We're just here for the special exception for the event space.

Similar wording

And we'll get right to it.

Similar wording

This is property and I'm moving into evidence.

Similar wording

In addition to the documents I've already shared with you, I have an additional 50 pages of evidence that I'm moving into, exhibits that we're moving into evidence today.

Similar wording

This is basically the layout of the space.

Similar wording

Photos do it a better justice.

Similar wording

It's just one large space.

Similar wording

It's about 30 by 16, a little under 502 square feet.

Similar wording

So not a very large space.

Similar wording

Not really for big parties, but here is a large bathroom for ADA compliance.

Similar wording

And as the property history shows, decades of use as either a restaurant, a bar, a tavern, that's what it's always been.

Similar wording

We won't be serving any alcohol, per se.

Similar wording

Folks will use the space.

Similar wording

They'll bring their own food just, you know, as far as for catering burners to warm up.

Similar wording

But there'll be no cooking and no alcohol being sold.

Similar wording

That's the space. As you can see, it still looks like a commercial space because that's what it's always been.

Similar wording

Even has the old 70s glass block that was pretty popular back in the day, even though I was a little kid.

Similar wording

I do know that taverns and things with glass block in the 70s was quite a thing.

Similar wording

So we have a letter here that was mailed to everyone, not only inviting them to the zoning hearing, but also inviting them to the RCO meeting.

Similar wording

We have already sent over separate proof that all taxes for real estate have been paid.

Similar wording

As you can see here, it's right on a commercial area, CMX2, adjacent to other CMX2 properties.

Similar wording

as you can see here it's right on a commercial area

Similar wording

And it's a fairly dense area in South Philadelphia.

Similar wording

And my client has experience in running venues like this.

Similar wording

She has a degree in entertainment management from the University of South Carolina.

Similar wording

You're going to meet her very shortly. Here is the property history from, you know, way back.

Similar wording

Restaurant and one family dwelling. And then it became a tavern and other sorts of entertainment, food sort of uses.

Similar wording

My client also was a venue manager for Comcast SpectreCore.

Similar wording

Not only here, but also in Georgia and Iowa.

Similar wording

So she also went abroad to become a general manager of a hotel.

Similar wording

So she has extensive history of hospitality management.

Similar wording

She also has worked in marketing and entertainment.

Similar wording

She was a project manager for a while with real estate.

Similar wording

She has organized block parties in Philadelphia, like many of us, and has worked in Philly with many different community-wide efforts.

Similar wording

The information in the East Point Breeze letter clearly states that she's very involved in the community.

Similar wording

And as such, they feel like she'll be a good steward with this property and in the future.

Similar wording

because of her extensive background and professionalism because of the overwhelming

Similar wording

support we have from immediate neighbors and because we are more than happy to agree to

Similar wording

what we consider to be reasonable provisos i'm going to request respectfully request the granting

Similar wording

of this special exception for this subject property and with that i move everything into

Similar wording

evidence and call my clients to raise her virtual hand, Ms. Lindsey Everick. Thank you.

Similar wording

Lindsey Everick has been promoted to panelists.

Similar wording

Hi, Lindsey. Could you please state your name as spelled for the stenographer?

Similar wording

Hi, my name is Lindsay Everk, spelled L-A-N-D-S-E-Y, last name Everk E, B as in Victor, E-R-K.

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

Please proceed, counsel.

Similar wording

Thank you, Mr. Chair.

Similar wording

Lindsay, did you hear my presentation to the board this morning?

Similar wording

Yes.

Similar wording

True and accurate to the best of your knowledge?

Similar wording

Yes.

Similar wording

Do you adopt it as your own testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

I have nothing further, Mr. Chair.

Similar wording

questions from the board? Yes. Is the event going to have, I mean, the event space going to have

Similar wording

a dedicated entrance into the building? Yes, it will. I'll show you the plan and Lindsay can

Similar wording

speak on it too, if she'd like.

Similar wording

When you say dedicated, you mean an exclusive entrance?

Similar wording

correct okay main entrance is right here where my cursor is which is on the other side of the

Similar wording

large window and that's on so on the moore street side facade because this is a corner property

Similar wording

that's correct okay other questions and so i'm sorry for the so the residences are going to

Similar wording

remain at the property yes that resident is me yep and lindsey lives above it so okay

Similar wording

and that is an exclusive entrance that's on the what is that the mole street side yeah

Similar wording

that's correct okay and then are all deliveries and load-ins for the event space going to happen

Similar wording

on Moore Street?

Similar wording

Lindsay?

Similar wording

Yes, they are not connected.

Similar wording

So anything that would need to go inside the event space

Similar wording

would have to be loaded in on Moore Street.

Similar wording

Okay.

Similar wording

And then is there a basement to the property?

Similar wording

Yes.

Similar wording

And how do you intend to use the basement?

Similar wording

Go ahead, Lindsay.

Similar wording

If it needs to be used, I'm not sure if it does.

Similar wording

um but if it needs to be used it can be accessed by you can see the bilco doors right there

Similar wording

so for storage it's not going to be used for event space oh no that's correct okay

Similar wording

and the bilco door is the only access into the basement from the event space

Similar wording

From the events place, yes. The other entrance is via the Unit 2.

Similar wording

From the event space, yes. The other entrance is via the unit two, which, again, they are not connected.

Similar wording