civus
Hearing video

ZBA Hearing - September 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 11, 20245h 12m

we see people

Similar wording

so Ms. Miller

Similar wording

let me say this

Similar wording

the only thing we're looking at today

Similar wording

is putting six parking places

Similar wording

in that lot

Similar wording

and the question would be

Similar wording

are you in favor of that

Similar wording

or against taking six cars off the street

Similar wording

and put them on a lock? I'm against it because it doesn't happen.

Similar wording

Okay. Ms. Miller, thank you. Thank you very much. We appreciate your comments.

Similar wording

My husband would like to comment.

Similar wording

Please state your name. My name's Rich Miller.

Similar wording

I live at 8301 Algonne Avenue. All right. Do you swear or affirm to tell the truth,

Similar wording

the whole truth, and nothing but the truth? Yes, I do. Is there anything you can offer

Similar wording

that your wife has not offered sure i can a lot okay this parking lot down here at the synagogue

Similar wording

they stoned it in and they said we only want six parking spots okay i'll go along with that but

Similar wording

there is a culvert there there is a handicap ramp there use that as a driveway there is also

Similar wording

but they destroyed that.

Similar wording

There was a tree there.

Similar wording

They cut that down so they could park there.

Similar wording

And then they stoned it in.

Similar wording

Now, the section there is roughly about 80 feet by 45 feet.

Similar wording

They packed 18 cars in there at a time or more.

Similar wording

They use the handicapped

Similar wording

Brant Bear

Similar wording

As a

Similar wording

Cut

Similar wording

And behind their building

Similar wording

In the other part of the parking lot

Similar wording

They have six parking spots

Similar wording

So Mr. Miller

Similar wording

Listen

Similar wording

Listen to me

Similar wording

Mr. Miller listen

Similar wording

This is about

Similar wording

They want to put legalized six spots

Similar wording

On that lot there

Similar wording

Are you for that or against that

Similar wording

We're totally against it, and so is everybody else.

Similar wording

They did not have 100% permission from the Ronhurst Civic Association because I was at that meeting and voted off because they weren't members of the Ronhurst Civic Association.

Similar wording

Thank you, Mr. Miller.

Similar wording

Thanks for taking the time.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

I see no hands at this time, Chair.

Similar wording

Planning Commission.

Similar wording

Mr. Chair, may I just briefly respond before you have planning commission? I think I have just one point that I want to make.

Similar wording

So, first of all, the letter from Ron Hurst is very, very clear that most of the meeting attendees were in support of this and they were residents that live in this neighborhood.

Similar wording

And again, you know, the entire purpose of this application is to try and mitigate some of the impacts that, you know, some of the residents have seen and to try and take some of that impact off the street.

Similar wording

As board members know, religious institutions these days are very, very active in their communities.

Similar wording

So, you know, the use of this property is not in question.

Similar wording

And again, this is really just trying to mitigate some of that impact and pull it off the street.

Similar wording

Thank you.

Similar wording

Planning Commission.

Similar wording

This is Ron Bednar, City Planning.

Similar wording

Are we, did Hillary actually check if we want to go with a refusal on this?

Similar wording

because if so then hillary where do hillary where do we want to be with

Similar wording

Because if so, then.

Similar wording

Hillary, where do we want to be with?

Similar wording

so i think we could do one of two things it sounds like planning didn't get to review

Similar wording

these plans and the landscape trigger right plant the okay the trigger for review for

Similar wording

landscaping is four or more parking spaces um we could send this back for an amended refusal

Similar wording

for landscape review or um we could just have planning review and defer their testimony

Similar wording

till a resumption hearing in a couple of weeks um indicating if they notice any additional

Similar wording

refusals why don't we do that later mr chair i have a third suggestion i mean the the plans

Similar wording

themselves if if there's a landscaping requirement which i i don't dispute that there may have been

Similar wording

one that was missed in the review but the plans don't they clearly don't show any landscaping

Similar wording

uh and and the board generally speaking can acknowledge the fact that there may have been

Similar wording

a missed refusal without having to delay the application or or require an amended refusal

Similar wording

so i'm just wondering if that that may also be an option just to sort of acknowledge the fact

Similar wording

that the plans clearly do not show compliance with the landscaping requirements that may or

Similar wording

may not exist under the code for this application uh and yeah i think where i want to be is hillary's

Similar wording

second suggestion let planning take it review it am i correct hillary hillary um yes we can we can

Similar wording

do that and i will just i will just double check with the appropriate procedure to make sure

Similar wording

right l and i and planning are all on on the same page and maybe that it's better to amend the

Similar wording

refusal or l and i can just take a look at it i mean planning can just take a look at it so i will

Similar wording

just I will just check and we can schedule we can just schedule a resumption for for planning

Similar wording

testimony within the next couple weeks all right you're okay with that Ron yes okay okay thank you

Similar wording

thank you Meredith thank you

Similar wording

for seven MI 2024 004199 2036 Fairmont Avenue Henry Clinton is the attorney

Similar wording

Letters of support from Spring Garden Civic Association.

Similar wording

Letters of non-opposition from Councilmember Young.

Similar wording

Henry Clinton has been promoted to panelists.

Similar wording

Good afternoon, Mr. Chairman and members of the board.

Similar wording

Mr. Clinton, please state your name.

Similar wording

It's spelled for the court stenographer.

Similar wording

Henry Clinton, A-T-N-R-Y, Clinton, C-L-I-N-T-O-N.

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

Mr. Clinton, could you identify your client in relationship to this property?

Similar wording

Sure. My client is Gabriel Cohn, and he is a tenant in the building at 2036 Fairmount, or intended tenant at the building.

Similar wording

Okay. Our vice chair has a few questions.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate your exact mercy?

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

Similar wording

I have, Mr. Shahid.

Similar wording

Thank you, Mr. Clayton. Please proceed and share your screen.

Similar wording

Thank you, sir.

Similar wording

Is that visible, Mr. Chairman, of the cover sheet?

Similar wording

Yes, it is, sir.

Similar wording

Again, good afternoon, Mr. Chairman, members of the board.

Similar wording

Henry Clayton for Gabriel Cohn, who is on the call.

Similar wording

This is a pretty direct request for a record shop on the 2,100 block of Fairmont Avenue,

Similar wording

which is lined with other commercial uses.

Similar wording

We happen to be in an RM1 zoning district.

Similar wording

This property has an apartment above with retail below.

Similar wording

It has historic retail over the last 50 years, which I'll recite based on my discussions

Similar wording

with people in the neighborhood.

Similar wording

This is my presentation.

Similar wording

Contains exhibits A1 through A10.

Similar wording

Refusal RM1 Zoning District. Again, we're requesting a record shop, literally a record shop with vinyl records.

Similar wording

There will be some CDs and cassettes, but mainly vinyl, which is becoming more popular nowadays with the younger crowd.

Similar wording

Refusal indicates that the record store in the bottom floor, an existing structure, is not permitted in this zoning district.

Similar wording

As you mentioned at the outset, Mr. Chairman, we do have a letter of support from Spring Garden.

Similar wording

The key point is property is located on a block of Fairmont Avenue that already has a number of compatible commercial uses for which variances have been previously granted.

Similar wording

In fact, that was before the board in June of this year on a wholesale goods shop on the first floor of 2026 Fairmont.

Similar wording

and we were successful in obtaining relief for that application.

Similar wording

And we were successful in obtaining relief for that application.

Similar wording

Photographs, this is the Eastern State Penitentiary to the north.

Similar wording

My client's tenancy is where the black line is.

Similar wording

The fare restaurant, F-A-R-E, is to the east.

Similar wording

And there are other commercial establishments.

Similar wording

And it's kind of a blend of RM1 as well as commercial uses on the 2100 block of Fairmont Avenue.

Similar wording

So a closer view of what the front of the building used to look like.

Similar wording

The first floor has been redone.

Similar wording

It's quite striking when you see the photograph.

Similar wording

And I'll show you that.

Similar wording

This is the interior of the building.

Similar wording

Currently, it's vacant.

Similar wording

And as I said, historically, it's been used.

Similar wording

Last usage was an office prior to that, hair salon, then a takeout restaurant before that.

Similar wording

They sold power tools in this location about 25, 30 years ago.

Similar wording

And way back in the day, it was a clothing store.

Similar wording

This is the front of the building now.

Similar wording

Again, it's been really spruced up.

Similar wording

We think because of the traffic on Framon Avenue and the number of visitors that visit the Eastern State Penitentiary on a regular basis,

Similar wording

that Gabriel is going to have a successful business here.

Similar wording

He is a sole proprietor.

Similar wording

He has no employees at this time. If the business takes off, he may. His hours of operation are basically 9 a.m. to 9 p.m., but probably he's more likely to be open at 11 o'clock to 8 or 9 p.m.

Similar wording

This is the layout of the property.

Similar wording

Entrance is in the front.

Similar wording

Bins of records and cassettes.

Similar wording

We do have listening stations.

Similar wording

I mean, basically, the way it will work is similar to what you would see in some of the larger record stores or CD stores where clients come in and put headphones on.

Similar wording

So the noise level is relatively low.

Similar wording

Additional bins of records and cassettes throughout the property.

Similar wording

Back is a work area.

Similar wording

And also to store trash.

Similar wording

The only trash really he'll have is cardboard for delivery of records and cassettes, and that's going to be really recycling.

Similar wording

He also has access to the basement where he can keep excess cardboard as well as excess inventory, and there's also a full functioning bathroom.

Similar wording

The rest of the documents are the typical documents you would see in an application such as this.

Similar wording

our tax clearance.

Similar wording

Zoning map, again, indicating RM1.

Similar wording

But as the photographs indicate,

Similar wording

as the historical usage of this property demonstrates,

Similar wording

there really is a lot of first floor commercial uses

Similar wording

on the avenue.

Similar wording

And Fairmount Civic really encourages that.

Similar wording

This is a copy of the lease.

Similar wording

My client has gone ahead and signed the lease,

Similar wording

the landlord for the property.

Similar wording

and he's looking forward to hopefully a great run

Similar wording

in this neighborhood.

Similar wording

Proof of mailing, this is the letter that was sent out.

Similar wording

Proof of mailing and all the addresses

Similar wording

that were contacted about the zoning hearing

Similar wording

and as well as a community meeting.

Similar wording

So just in conclusion, we are requesting

Similar wording

a variance for a use, which is again, historical in nature,

Similar wording

never a record store, but similar uses.

Similar wording

We're not going to impact anyone's development of their adjacent properties, nor impact the

Similar wording

latent error of any adjacent properties.

Similar wording

It's in conformity with the general use of the 2,100 block of Fairmont Avenue, and it's

Similar wording

in conformity with the wants and desires of the community group.

Similar wording

With that, I'd like to conclude my presentation, ask my client to unmute himself, and see if

Similar wording

people will adopt my testimony and entertain any questions from the board or the public.

Similar wording

Mr. Cohen.

Similar wording

Yes.

Similar wording

Hi, could you please state your name and spell it for the court stenographer?

Similar wording

Gabriel Cohen, G-A-B-R-I-E-L, last name is C-O-A-N.

Similar wording

Right.

Similar wording

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

Similar wording

Yes.

Similar wording

Please proceed, counsel.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Mr. Cohen, were you on the call when I presented your project to the board?

Similar wording

Yes.

Similar wording

If you had the opportunity to testify, would you adopt my testimony as your own and as sure and correct?

Similar wording

Yes.

Similar wording

Thank you very much.

Similar wording

Questions from the board?

Similar wording

I'm just trying to get an idea where this is exactly.

Similar wording

It's right across from the prison.

Similar wording

I know.

Similar wording

I'm just, because this is my neighborhood.

Similar wording

So you said it's a couple of doors away from fair.

Similar wording

I can't clear that.

Similar wording

Right here.

Similar wording

Yep.

Similar wording

see the umbrellas in front of fair yep yep and so we're just so this is like an open area here

Similar wording