civus
Hearing video

ZBA Hearing - September 28, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 28, 20225h 31m

lined up to get into the premises. What it is, is more of a community space that is to be for,

Similar wording

and what I'm going to do is I'm going to bring up some of the plans that I have.

Similar wording

as soon as I get to that. Let me open that up. And there we go.

Similar wording

And hopefully that will allow me to share it.

Similar wording

Green button on the bottom. There you go. There you go. What we have here is this property is

Similar wording

located on the corner of old york road and conlin street as you'll see the entrances are in the front

Similar wording

along here can you see my pointer there we can um and there is a large front area that um also there

Similar wording

is a um what would be a it's what will be used as sort of a dj kind of booth thing for you know if

Similar wording

there's a wedding or a retirement party or that kind of thing that booth already existed when it

Similar wording

was a furniture store. I have a feeling that back in the days of the furniture store, that was

Similar wording

used to oversee the floor where the furniture was and be able to see customers and interactions.

Similar wording

Towards the back, there are double bathrooms. They intend to put a kitchen in eventually,

Similar wording

but for now, it would be a premises that would be catered events. My clients intend to also

Similar wording

open this up for community meetings to support the local community. These guys are, these three

Similar wording

gentlemen are locals. They are from the area and they are familiar with the area. And this is,

Similar wording

as I started to say, this is being defined as a as a nightclub because that's what the

Similar wording

that's what the code defines it as. And I'm going to pull up a picture of the exterior of the

Similar wording

neighborhood, and you will see that essentially this neighborhood is, whoops, there's nothing to

Similar wording

show there. That's not good. This neighborhood is a commercial. It's a CMX2. This is directly

Similar wording

in front of the building uh there is a gas station across whoops um there is a gas station across

Similar wording

the street let me see if that'll come up is that coming up yeah okay great yep um and then you know

Similar wording

That is directly across the street. Let me bring up some of the other photos and I apologize I

Similar wording

have to do this one at a time. I am technically challenged as apparently Mr. Levy was and I feel

Similar wording

for him. This will also show you this is across the street and we have as well.

Similar wording

would you show the property itself could you do that sure i can

Similar wording

this is a um

Similar wording

this is a small picture of it it is the black building on the side

Similar wording

okay and i should have a better picture of that but you will see next door

Similar wording

is um a clinic i believe it may be a methadone clinic

Similar wording

This is an entirely commercial area except when you get to behind the building.

Similar wording

And you will see that the objections raised by the community and by Councilwoman Bass's office

Similar wording

and you'll see this is along the sidewalk of the building. This is standing directly

Similar wording

in front of the building that shows you down towards where it meets up with Broad Street.

Similar wording

So this building, previously a furniture store, is, as I said, is CMX2.

Similar wording

This is a building that, for purposes of the code, it's considered a nightclub or a private club,

Similar wording

but it's going to be used more as a community banquet hall type of place.

Similar wording

Eventually, a kitchen will be built so that caterers can have additional use of some facilities.

Similar wording

uh the inside of the premises has counsel counsel counsel let me ask you a question yes

Similar wording

The inside of the premises has been wallowed.

Similar wording

Can I cancel? Cancel?

Similar wording

so what you just said to us was that case made to the council person and also the rco

Similar wording

and they just didn't agree with yes yes it was and and their their problems really are about

Similar wording

their concern and this is something that you as a board can do and you can issue an approval of this

Similar wording

with a proviso with it with a with a proviso that if this property changes hands and my clients are

Similar wording

no longer running this place it's no longer going it it will have to be um they will have to come

Similar wording

and ask for new zoning i understand yeah what they're i think i think the greatest concerns

Similar wording

of the um of the neighborhood are that this is going to be it become just just another bar

Similar wording

just another place where um where people are going to congregate okay they have issues

Similar wording

excuse me with my dogs barking um so what we have here is we have three guys that um are looking to

Similar wording

uh better their community and do something within their community and at what i would like to do is

Similar wording

So I would like to have Naeem Muhammad come in and explain to you their –

Similar wording

So what do you do – well, listen to me.

Similar wording

Listen to me.

Similar wording

Why don't you put – get him to put his hand up, and then what we'll do is he'll adopt your testimony,

Similar wording

and then you'll give him a chance to say –

Similar wording

Absolutely.

Similar wording

Okay?

Similar wording

So why don't we bring him up?

Similar wording

Absolutely.

Similar wording

Okay.

Similar wording

Chair, we have someone by the name of Andrew Lane with their hand up.

Similar wording

I'll allow them –

Similar wording

Is that yours?

Similar wording

No.

Similar wording

No, it's Naeem Muhammad.

Similar wording

Mohamed, unless he's coming in under a different name.

Similar wording

Let me...

Similar wording

Mr. Mohamed.

Similar wording

If you want, I can allow them to speak.

Similar wording

Yeah, why don't you let Mr. Lane in?

Similar wording

Okay.

Similar wording

Mr. Lane, you're free to speak.

Similar wording

Hi, Mr. Lane, could you state your name and spell for the court reporter?

Similar wording

My name is Lane Mohamed.

Similar wording

I'm sitting next to Andre Lane, the co-owner.

Similar wording

Wait a minute.

Similar wording

hi hi could you state your name and spell for the court reporter my name is naim muhammad

Similar wording

n is a nancy a i m is a mary last name muhammad m-u-h a m is a mary m is a mary a b is in david

Similar wording

right you swear for him to tell the truth the whole truth nothing but the truth

Similar wording

yes proceed counsel thank you uh mr chair uh mr muhammad i have you and mr lane and mr jackson

Similar wording

been listening into the hearing up to this point? Yes. Okay. And have you heard all of the

Similar wording

testimony that I've given to this point? Yes. Okay. And to the best of your knowledge and

Similar wording

belief, is this testimony that I have been given true and correct? Yes. Okay. And would you,

Similar wording

for the purposes of this, adopt my testimony as your own? Yes. Okay. Thank you. Okay. Mr.

Similar wording

Mohamed, why don't you tell the board a little bit about the project in your own words from

Similar wording

where you and your partners are coming from?

Similar wording

Well, about two years ago, my partners and I, we got together and we sat on and we wanted

Similar wording

to do something for our families in the community as well, as far as having something for our

Similar wording

own.

Similar wording

With COVID and everything that was happening, a lot of our family events and a lot of plannings

Similar wording

we had you know for get-togethers and thanksgiving and and other sort of things like that um were

Similar wording

canceled and uh we thought that you know um together uh we would come together and try to

Similar wording

make an event space you know somewhere close to um our neighborhoods somewhere close you know to

Similar wording

where we grew up with to um whole personal private events um community events things of sorts of

Similar wording

natures um where we didn't have to actually like come into hotels or high price uh venues you know

Similar wording

to come in and bring it back to our neighborhood um just to have peaceful quiet events we had with

Similar wording

your family um other than that uh we really uh we had no other use uh for the building um

Similar wording

that's basically it i mean in a sum to all right thank you questions questions from the board

Similar wording

no mr chairman i have none no mr chairman questions or comments from the virtual audience

Similar wording

chair we have charles richardson hi mr richardson good afternoon again mr chair

Similar wording

so it's it's almost nighttime but that's okay good evening mr you've already been sworn

Similar wording

to state your name and we'll take your testimony charles richardson from the office of councilwoman

Similar wording

and Cindy Bass, room 312 City Hall.

Similar wording

Mr. Chair, this has been a long case.

Similar wording

Mr. Chair, this has been a long case, just like this day has been a long day. The gentleman

Similar wording

approached me back in, I believe it was January or something along those lines, and they were

Similar wording

trying to go pro se. They did not do, they did not understand what they were supposed to do,

Similar wording

and then they did not read and understand that they would need to get an attorney.

Similar wording

So once we had a meeting scheduled, then I told them that they had to get an attorney,

Similar wording

and then had to continue the case, and it's been ongoing and ongoing. We did end up eventually

Similar wording

having an RCO meeting that I conducted. Also, the two RCOs in the area concerned the community,

Similar wording

which I believe Ms. Sandra Broders will probably be coming on after me, and Westo Glen Worcester

Similar wording

were also parts of the meeting as well.

Similar wording

It was well attended for that community.

Similar wording

In actuality, we had 27 individuals that voted against it.

Similar wording

One individual voted for it.

Similar wording

The two RCOs are also against it as well.

Similar wording

There is no real hardship here with granting this special exception.

Similar wording

Only hardship is that the gentleman signed a long-term lease

Similar wording

without any contingencies in the event that they were unsuccessful in securing the granting

Similar wording

of the special exception. It's a bad project. I mean, we salute that they're trying to become

Similar wording

entrepreneurs and things along those lines, but the project is bad for that location at that

Similar wording

place. Laurie has tried to broach this as being a commercial area, but there was fully residential

Similar wording

in backup including an apartment building and and and residences along uh common street and

Similar wording

15th street that will be affected by that by this they have no parking plan they have nothing they

Similar wording

you know the only thing that they have is is is an idea uh and they actually had did the work prior to

Similar wording

uh getting getting this done and unfortunately when i guess when they tried to do it the

Similar wording

covet hit and they've been being hit with the uh rental fees ever since then so it's made it a very

Similar wording

much of a situation

Similar wording

where they're trying to rush this through

Similar wording

and it's just not rushable because the neighborhood

Similar wording

does not want it. Councilwoman is vehemently

Similar wording

against it. Okay.

Similar wording

Thank you, Mr. Richardson.

Similar wording

Mr. Chairman, if I could

Similar wording

just...

Similar wording

Listen to me.

Similar wording

Why don't I let anyone...

Similar wording

Let's finish this if there's anybody else in the audience.

Similar wording

Then I'll come back to you, okay?

Similar wording

Anyone else in the virtual audience?

Similar wording

Yes, Chair, we have Sandra Votas.

Similar wording

Okay.

Similar wording

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

Similar wording

Can you hear me?

Similar wording

I can.

Similar wording

Okay, very good.

Similar wording

My name is Sandra, S-A-N-D-R-A, last name Broadus, B-R-O-A-D-U-S, and I am presenting on behalf of a concerned community association.

Similar wording

Okay, all right, okay.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Proceed.

Similar wording

To make this simpler, we did submit a statement.

Similar wording

I'd just like to submit it for record, if that's okay.

Similar wording

At the required RCO meeting on 6-30-22, a concerned community association met with this

Similar wording

applicant and community residents who unanimously opposed a variance for a nightclub, stating

Similar wording

that the location is too close to residential homes in a struggling, in a neighborhood

Similar wording

struggling with pre-existing burdens and saturation from SEPTA's Broad and Isle

Similar wording

Transportation Hub and Business Corridor Extension. Also, this applicant is a tenant

Similar wording

And community members do not want a revolving door of nightclub and event rooms to be permanently zoned into this challenge location while creating an additional burden for local police to monitor.

Similar wording

Other concerns are a 40-unit apartment building right next door with a dangerous shared driveway behind the building noted for drugs, prostitution, and gang activity.

Similar wording

Multiple apartment complexes are within two blocks.

Similar wording

There is no off-street parking.

Similar wording

near blocks already need permit parking just to park into their home. A nuisance trash dump site

Similar wording

exists directly across the street as a result of the tight location that is also shared with a KFC

Similar wording

location that is also shared with a KFC on the corner and confusion about.

Similar wording

on the corner.

Similar wording

Why don't we do it, Ms. Brodus, do me a favor. Concentrate on this property. I don't want to,

Similar wording

we don't want to talk about other properties. Okay. Next door to this property, might I just

Similar wording

add, is a methadone clinic, a large child care center down the street. And the block is the

Similar wording

pathway for half school elementary students to come and go to school with a crossing guard

Similar wording

halfway down the street. Traffic and septa buses will be interrupted as cars double park

Similar wording

to unload event guests in front of the building because there is absolutely no parking. We have

Similar wording

established that it is common for event attendees to circle and park in near neighborhoods up to

Similar wording

three to four blocks away. All blocks are residential that extend west of this property

Similar wording

where event attendees will have no choice but to park. Local homeowners are primarily seniors

Similar wording

who will actually be unable to leave or return to their homes when event parking crowds their

Similar wording

blocks. Local blocks have driveways where entrances will be blocked. Okay. Mrs. Broadus,

Similar wording

let's safe to say you're against this project. Totally. I'm against it. The community is against

Similar wording

Thank you. Thank you for calling in. We do appreciate your comments. Is there anyone else

Similar wording

in the virtual audience? Yes, Chair. We have Sherry Cohen. Hi.

Similar wording

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

Similar wording

Yes. Hello, Chair and members of the board. My name is Sherry Cohen. That's S-H-E-R-R-I-E.

Similar wording

My last name is Cohen, C-O-H-E-N. Right. Do you swear for him to tell the truth,

Similar wording

the whole truth nothing but the truth yes yes okay thank you well uh i'm a neighbor i live a

Similar wording

few blocks away i also graduated elementary school from how elementary and um unlike the photos

Similar wording

presented by counsel for the applicant you know this is a very residential neighborhood i mean

Similar wording

just to review a couple points that Sandra already made is that, I mean, it's right next door to

Similar wording

a major apartment complex with 40 units. There's multiple apartment complexes within two blocks,

Similar wording

lots of residential housing. We are already an overburdened neighborhood. I lived, I think I

Similar wording

said, just a few blocks away. We have a methadone clinic next door. We also have a stop and go down

Similar wording

the street. I'm sure you've heard about the incidents that's occurring at the Broad and

Similar wording

Only Transportation Hub, where we have children coming every day from across the city to attend

Similar wording

Girls High and Central High. And we don't need any more negative institutions in our community.

Similar wording

So, Ms. Cohen, it's safe to say you're against this project.

Similar wording

Absolutely against, yes.

Similar wording

And thank you so much for your call.

Similar wording

We appreciate it.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, Chair.

Similar wording