civus
Hearing video

ZBA Hearing - October 9, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 9, 20247h 34m

Sure, no problem.

Similar wording

So the first floor unit has one bedroom.

Similar wording

Okay.

Similar wording

The second floor unit has two bedrooms.

Similar wording

The third floor unit has one bedroom.

Similar wording

and uh you have uh shown a history for 1512 uh correct so uh essentially we have the first

Similar wording

variance that had been granted was back in 1933 then there was another one that that was applied

Similar wording

for in 1955 um at one point yes but is this this application is for 15 14 through 16.

Similar wording

this is 15 14 through 16 that's correct i'm showing a history of the area as well that

Similar wording

the use is not uncommon for the area all right um the application here that i am showing uh is

Similar wording

the next door unit and as I indicated that was from 1955. All right so what you're showing is

Similar wording

what's in a neighboring property not what's in this property. In terms of the uh historical

Similar wording

use permit that's correct. Okay so historically the area has accepted um this usage. All right

Similar wording

and and this is what you showed the community uh groups yes and was anyone there able to

Similar wording

just kind of anecdotally um uh attest to the multi-family use of this program

Similar wording

not anyone in the community because no one appeared to express any objections or concerns

Similar wording

So, then we scheduled a second hearing to, you know, just in case, give them another opportunity. And, again, there had been no one that had appeared to give any concerns or anything like that. The RCO did, in fact, send an email to the board indicating that they do agree with the request and variance that we can solve.

Similar wording

All right. Thank you.

Similar wording

so i have a question um do we know when the last time there was a legal rental

Similar wording

license on this property like to be clear we are legalizing an illegal triplex yes you're you're

Similar wording

100 correct and i do not have that information your honor i was not able to acquire that

Similar wording

information however when miss uh brantley acquired uh the property from uh her brother who had who

Similar wording

was deceased, she went to get an application. She went there twice, actually. And that's how

Similar wording

she learned that it was necessary to request the variants so that she could legalize the existing

Similar wording

use. And then just a note for the record, the second floor bedroom per the existing plan is

Similar wording

not illegal to bedroom. So just, I do want the owner to be aware of that. You cannot have a

Similar wording

bedroom that only accesses through another bedroom so that would like eventually this is

Similar wording

going to have to get legalized this two one bedroom apartments i mean three one bedroom apartments

Similar wording

any other questions from the board

Similar wording

questions or comments from our attorney hillary emerson

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Yes, Chair. I have a hand up by the name of Charles Richardson.

Similar wording

He has been allowed to speak.

Similar wording

Richardson, you've already been sworn. Just state your name for the record, please.

Similar wording

Yes, Mr. Chair. Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass Room, 508 City Hall.

Similar wording

The Councilwoman is not opposed to granting the variance.

Similar wording

Thank you very much.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

No, I see no more hands at this time.

Similar wording

Okay, Planning Commission.

Similar wording

And we voted with the Planning Commission.

Similar wording

The comprehensive plan recommends no change to the residential single-family zoning at this location.

Similar wording

There are unique physical conditions and circumstances of this property that would prevent it from being used in conformance with the zoning code.

Similar wording

Planning Commission recommends that the board grant the requested use variance for three dwelling units.

Similar wording

MI 2024-000179-1514-16, Church Lane, I vote yes.

Similar wording

Michael John, my vote is yes.

Similar wording

Michael John, my vote is yes.

Similar wording

Cheryl Gaston, my vote is yes.

Similar wording

Cheryl Gaston, my vote is yes.

Similar wording

Tanetta Graham, my vote is yes.

Similar wording

Tywin, my vote is yes.

Similar wording

Thank you.

Similar wording

Thank you, counsel.

Similar wording

Thank you very much.

Similar wording

Have a good day.

Similar wording

Number 13, MI 2024-000259-5131 Woodland Avenue.

Similar wording

Tracy Soller is the attorney for the owner.

Similar wording

Out my hair.

Similar wording

Tracy Soller is coming in as a

Similar wording

panelist

Similar wording

Good morning,

Similar wording

Counsel

Similar wording

Good morning

Similar wording

Could you please state your name and spell for

Similar wording

the court stenographer

Similar wording

Tracy Soller, it's T-R-A-C-Y

Similar wording

Last name Soller, S as in Sam

Similar wording

S-M-A-U-L-E-R.

Similar wording

We're a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Could you identify your client and relationship to this property?

Similar wording

Yes, my client's name is Sang Chimrowski, and he is the owner and operator of the property and business at this location.

Similar wording

To the reading of the refusal, and do you agree with this accuracy?

Similar wording

I do.

Similar wording

I would also note that we have a letter of unanimous opposition from the Southwest Philadelphia District Services, and Councilmember Gauthier is in opposition also of this project.

Similar wording

Share your screen and please proceed.

Similar wording

Thank you.

Similar wording

We're here today to request a variance for the use of a property at 5131 Woodland Avenue.

Similar wording

to be used as a distributor. The property as pictured here on this photograph is a corner

Similar wording

property on the corner of 52nd Street and Woodland Avenue. I have a couple of photographs that will

Similar wording

show the neighboring area so that you can see the street and how it's set up and the other

Similar wording

businesses at that location the current use of this property is a as a restaurant with a valid

Similar wording

r liquor license the location here

Similar wording

across the street at a diagonal there is a gas station next to the property there is a food market

Similar wording

And directly opposite the property is a Popeye's fast food restaurant.

Similar wording

I have a couple of photographs of the interior of the property so that you can see how it's set up inside.

Similar wording

There are tables inside.

Similar wording

Restaurant equipment.

Similar wording

Bathroom.

Similar wording

And I also have photographs of the posters that were posted on the front of the location as well as the side of the location due to the fact that it's a corner property.

Similar wording

This property is currently zoned CMX2.

Similar wording

And as I stated before, it is validly operated currently as a restaurant.

Similar wording

And the request is for a distributor.

Similar wording

Now, we did meet with the people of the neighborhood, whoever showed up to the meeting.

Similar wording

We had a good amount of members on there.

Similar wording

And we sent out notice here as proof of publication for everyone.

Similar wording

And then I have a copy of the deed, which just proves ownership.

Similar wording

And then I'll just share lastly the tax balance at zero, which bear with me one second.

Similar wording

It's on a different screen.

Similar wording

okay

Similar wording

so we did meet with the members of the community and i know you said that there was a letter of

Similar wording

opposition that was received there was a strong opposition from the community in regards to the

Similar wording

the business that is currently at the location um as much as we tried to talk about what was

Similar wording

being requested to be at the location, the variance for the future business use,

Similar wording

the conversation kept going back to the current use of the operation. So what I wanted to go over

Similar wording

with everyone today is, you know, having a beer distributor here would not change or impact

Similar wording

the neighborhood. It is a very large street on Woodland Avenue. There are

Similar wording

It is a very large street on Woodland Avenue.

Similar wording

There are, it is commercial all around this corner and it is currently set up as a bar

Similar wording

restaurant.

Similar wording

There is a laundromat right next to this building and that use is not changing.

Similar wording

That stays as a laundromat.

Similar wording

So this would only impact the very corner of the property and it would not change the

Similar wording

traffic in the area because it would be similar in traffic to what would be used currently as the

Similar wording

restaurant bar. The main focus of the neighborhood meeting and the opposition that we received

Similar wording

is in regards to how the business operates now. So right now, as I said before, it is a bar

Similar wording

restaurant. The neighborhood has expressed some concern that people hang out inside and then

Similar wording

sometimes outside of the building. That is pretty consistent with what takes place at a bar

Similar wording

restaurant. People are going to hang out inside. They are going to drink inside. That's part of

Similar wording

what the business does. That is irrelevant to what we're asking for today, which is a change

Similar wording

in the business. The change that's being requested is as a distributor, which would not allow for

Similar wording

anyone to be in the distributor drinking or hanging out. They would purchase their alcohol

Similar wording

and they would leave the premises for consumption at their home or wherever they choose.

Similar wording

The other issue that was raised were the difference in the hours. So right now,

Similar wording

the restaurant is open seven days a week there would be a change in the hours as a distributor

Similar wording

they would have more limited hours and that is the distributor would also be operated by the current

Similar wording

owner and he is seeking to limit the days of week and hours that the new business would be open

Similar wording

we would like to enter this packet into evidence as our exhibit i'm sure that people have some

Similar wording

comments that they would like to share from the community. And I would just like to reiterate that

Similar wording

we are here today seeking a variance and a change of the business use. And this is not the proper

Similar wording

place to discuss the current use of the business. You have your client, is your client going to

Similar wording

adopt your testimony? He is online. He is not very technically savvy. So we can try to have him

Similar wording

adopt it and if not i can as his attorney speak on his behalf also the court will accept your

Similar wording

testimony thank you i have a hand up by joyce sitner not sure if they are associated with your

Similar wording

case or not um before we take testimony well questions from the board

Similar wording

so for clarification he's not going to be operating the restaurant anymore no

Similar wording

longer. He wants to change that

Similar wording

to just a distributor. That's

Similar wording

correct. Yes.

Similar wording

The questions from the board.

Similar wording

Questions or comments from our attorney?

Similar wording

Hillary Emerson.

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I have a handout by the name of

Similar wording

diane settles they have been allowed to speak i could you please state your name and spell for

Similar wording

the court stenographer good morning my name is diane last name is settles spelled s as in sam

Similar wording

e-t-t-l-e-s right do you swear or affirm to tell the truth the whole truth and nothing but the

Similar wording

truth? Yes, I do. Are you a neighbor? Yes and no, but I was one of the RCOs that participated

Similar wording

in the community meeting. Sure, proceed. First, I would like to say that the proposed

Similar wording

place of selling alcohol would also be selling 40-ounce bottles of alcohol, which will be

Similar wording

used for individual use,

Similar wording

which people can easily stay there and drink.

Similar wording

And as far as the lawyer's saying about the community

Similar wording

had questions and opposition

Similar wording

about what it is currently used for.

Similar wording

And like she said, this may not be the forum,

Similar wording

but the community, from what I gather,

Similar wording

the community was concerned about the operation

Similar wording

and how it butts up against the church.

Similar wording

There are two churches in this community,

Similar wording

This property and Christ Tabernacle Church, they butt up beside one another.

Similar wording

Christ Tabernacle Church is from 1509 to 1531.

Similar wording

Christ's Tabernacle Church is from 1509 to 1531, I believe, South 52nd Street.

Similar wording

This church also has a large pantry giveaway that occurs every Thursday where the line stretches from the beginning of their property down to Willing Avenue.

Similar wording

This is a widely received food pantry that people use public transportation, a 52 bus, 11 trolley to come to this establishment.

Similar wording

As far as the pictures that the lawyer showed when she made her presentation for this facility, it was inaccurate because we showed an actual live pictures of what it looked like at that particular time.

Similar wording

So the community has concerns about this person conducting this type of business from the past history that they have had.

Similar wording

And while it is on a busy street, it is directly across from people's houses where they will encounter whatever goes on there as well.

Similar wording

It's not like it sits back and it won't be seen or, you know, the community won't be affected, the neighbors won't be affected by it.

Similar wording

but because it is on a community property.

Similar wording

Settles, thank you very much for your call.

Similar wording

I'm sorry, I'm sorry, on a corner property, I'm sorry.

Similar wording

Okay, thank you very much.

Similar wording

We appreciate it.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, Chair.

Similar wording

I have a hand up by the name of Joyce Sitner.

Similar wording

They have been allowed to speak.

Similar wording

Morning, could you please state your name

Similar wording

and spell it for the court stenographer?

Similar wording

Can you hear me?

Similar wording

I can.

Similar wording

My name is Joy Sidnor, J-O-Y-C-E-S-Y-D-N-O-R.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Are you a neighbor?

Similar wording

No, I'm not a neighbor, but I'm in that area.

Similar wording

I actually work at the church.

Similar wording

Sure, please proceed.

Similar wording

I was at the virtual meeting when the presentation was made,

Similar wording

And I think she neglected to show how our church actually abuts the establishment.

Similar wording

And the pitches are inaccurate, too, because that's not how the building looks on a regular basis.

Similar wording

And, yes, we do object to not only the variance, but we object to the establishment altogether.

Similar wording

And most in our community, we call it a deli, not a restaurant with a bar.

Similar wording

Thank you very much for taking the time to calls.

Similar wording

Anyone else in the virtual audience?

Similar wording

Yes, Chair. I have a hand up by the name of George Goski, Jr. They have been allowed to speak.

Similar wording

Mr. Goss, it may be for another case, but we can check.

Similar wording