civus
Hearing audio

ZBA Hearing - March 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 4, 20268h 6m

the basement area which they use to the children's activities uh downstairs here again there is an

Similar wording

exit stairs directly out of the basement this is the first floor of the facility that has two

Similar wording

classrooms this is the first classroom it's a different picture of the first classroom

Similar wording

the exit excuse me the stairs going up to the second floor

Similar wording

this is the second classroom on the first floor and we have a bathroom there

Similar wording

and this is the last classroom on the first floor then i have a picture going up the stairs

Similar wording

another picture all the way up the stairs this is the first classroom on the second floor

Similar wording

this is the i believe that still is the first classroom on the second floor

Similar wording

the second classroom on the second floor

Similar wording

and the third classroom on the second floor

Similar wording

And there is another bathroom on the second floor.

Similar wording

So third classroom here, we have the plans.

Similar wording

I'm just going to reduce it a little bit so we can see the whole plan.

Similar wording

Like.

Similar wording

So we have a plan.

Similar wording

We have three levels here.

Similar wording

we have the lower level which is really the basement we just have an activity room where

Similar wording

the kids can play downstairs again the kids are three to six years old the smaller children

Similar wording

a house in the other building and this is an additional space and play area for the children

Similar wording

then we have the classrooms on the

Similar wording

first floor level we have a porch and then you can enter the building here

Similar wording

there's a little reception area here and you have an activity room here

Similar wording

another activity excuse me a classroom here and you have a kitchen area here I would like to note

Similar wording

we don't cook or prepare food in this facility um all our um breakfast lunch dinner and snack

Similar wording

are delivered i also like you to note that there is another exit directly um out of the back into

Similar wording

to the yard area.

Similar wording

yard area let me just move it over a little bit so we can go to the second

Similar wording

floor plan you would walk up the stairs and then you would get to the second

Similar wording

floor and again we have an activity room we have a classroom we have another

Similar wording

bathroom full and we have a classroom there this is the community meeting

Similar wording

those that I circulated which was actually provided to me by the RCO so

Similar wording

letter they wanted me to circulate.

Similar wording

That's my proof of mailing.

Similar wording

I did notice 87 residents.

Similar wording

And I'm going to address now some issues

Similar wording

in the RCO letter.

Similar wording

Originally, the RCO at the meeting,

Similar wording

there was a very, very dysfunctional residence

Similar wording

who indicated that the pavement hadn't been shoveled

Similar wording

and they timely matter from the big, small storm.

Similar wording

Ms. Adiola acknowledged that.

Similar wording

She said it was a faux pas

Similar wording

and immediately had the sidewalks cleaned.

Similar wording

That's just the second posting there that I added on

Similar wording

to show you I posted both sides of the property.

Similar wording

And I also wanted to show you

Similar wording

that the sense had been repaired since the meeting. I think the meeting was on the 25th of

Similar wording

February. And, Commissioners, that's my presentation. Now, Ms. Adeola would like to

Similar wording

operate this daycare from Monday to Saturday. Again, she would have four employees. Her hours

Similar wording

of operation are from 6 a.m. to 6 p.m., and she would only be entertaining toddlers in

Similar wording

this building, not infants. They would be three to six years old. Our building does

Similar wording

have a fire alarm certification, and we are wired to the company that monitors the fire

Similar wording

alarm in the fire systems and reports them to the fire company and that's all I have I can't hear

Similar wording

you I said is there a cop talking to Hillary is there a current lease oh yes I'm sorry there's a

Similar wording

lease doesn't save residents what's that say so yeah there was a little confusion because on the

Similar wording

on the lease with it where it says use it does say tenant will use the property as a residence

Similar wording

only I don't see use of property number nine back yeah I'm with my use of property and authorize

Similar wording

actually I believe the landlords on the line that's the era in the lease it was specifically

Similar wording

least to her for a child care organization and at least could be corrected okay all right i just

Similar wording

wanted to clarify that thank you bring your client on please miss adiola can you come on the line

Similar wording

please can you hear me

Similar wording

we have multiple people under that name so if your client could raise her hand so we would

Similar wording

know which one to promote adiola would you raise your hand please thank you

Similar wording

adiola is being promoted

Similar wording

Ms. Atiola?

Similar wording

I can hear you. Can you hear me now?

Similar wording

Yes. Could you please state your name and spell it for the stenographer?

Similar wording

My name is Adeola Iliyemi.

Similar wording

Could you please spell it? I can. Could you please spell it for the stenographer?

Similar wording

A as in Alaska.

Similar wording

D as in David.

Similar wording

E as in Edward.

Similar wording

O as in Ohio.

Similar wording

L as in Larry.

Similar wording

A as in Alaska. Adeola.

Similar wording

and then my last name is

Similar wording

And my last name is...

Similar wording

okay miss adiola have you heard my testimony as i presented it here today

Similar wording

wait i didn't swear in here please just hold on one minute do you swear or affirm to tell the

Similar wording

truth the whole truth nothing but the truth yes sir please proceed miss adiola do you currently

Similar wording

operate a daycare at 1307 nidra yes and how long have you been operating that daycare five years

Similar wording

and how many employees do you have there seven and why is it that you chose to

Similar wording

um enter into a lease at 5900 um for additional space because we have so many parents that are on

Similar wording

waiting list and a lot of them prefer that location because a lot of them are not driving

Similar wording

it's easy for them for the you know for this uh sector whereby they can get down and put their

Similar wording

keys with her at Nidrum. And Ms. Adeola, did you specifically rent the space and have discussions

Similar wording

with your landlord to rent it for child care use? Yes. Can you tell us about the discussion?

Similar wording

So I told him that I would like to rent the building so that I can extend the daycare,

Similar wording

and so he bought the building from the owner, from the previous owner. So as soon as he fixed it,

Similar wording

and i told him i'm interested and he said okay because i've been with him for five years so he

Similar wording

do trust me and that's why he rented the place for me miss adiola have you been paying uh rent

Similar wording

since last year yes from the beginning that we signed the lease we have been paying is your rent

Similar wording

is your rent 1850 per month yes 18 1850 yes and have you been have you been able to use the um

Similar wording

building um since you've been paying rent no we cannot use it until we get a license until we get

Similar wording

approved for the zoning and miss adiola did you and i attend a community meeting yes uh that's

Similar wording

all i have commissioners questions for the board yeah i have a question about how many additional

Similar wording

children you'll be able to accommodate with the new building so the the children is based

Similar wording

on the dhs calculation so sometimes they might give me like 18 and since they are all preschoolers

Similar wording

so i'll probably say maybe 22 kids but some of them are not in the building some of them go to

Similar wording

school like after school program so everybody might not be in the building at the same time

Similar wording

but the dhs determine the number of kids that we get sure but for your planning purposes how many

Similar wording

kids are you anticipating having on premises every day probably maybe maybe 18 and then how many

Similar wording

employees are you going to have so that would be six that would be six employees because of the

Similar wording

ratios we have to make sure that each of the classroom has their employee okay i have no

Similar wording

further questions any other questions questions from our attorney questions from our attorney

Similar wording

um i just want to note for the record that the property is zoned rsa3 so there's a parking

Similar wording

requirement um i i i think that was just missed on the refusal because it doesn't look like

Similar wording

there's any parking which is understandable because you have the the play area but i just

Similar wording

want to note that i think that was missing from the refusal questions or comments from the virtual

Similar wording

audience no hands chair planning commission amy boyd with the planning commission the comprehensive

Similar wording

plan recommends no change to the rsa3 residential single family zoning at this location

Similar wording

this is an expansion of the use at 1309 nidro which holds a valid state daycare license and

Similar wording

the city zoning permit for daycare center the planning commission recommends that the board

Similar wording

grant their proposed use variants for a child care center mi 2025 004 233 5900 to 02 north 13th

Similar wording

street i vote yes for a temporary variance that expires 3529 michael johns my michael johns my

Similar wording

vote is yes with proviso cheryl gaston my vote is yes with proviso tenetta graham my vote is yes

Similar wording

with proviso ryan mcadams my vote is yes with proviso tie and win my vote is yes with proviso

Similar wording

thank you thank you very much commissioner sure number five mi 2025 004 512 757 south fish street

Similar wording

Vernon Anastasio is the attorney.

Similar wording

Vern is coming in as a panelist.

Similar wording

A letter of support from Queen Village neighbors and also a letter of non-opposition from Councilmember Squilla.

Similar wording

Good afternoon, Mr. Chair.

Similar wording

Counsel, you've already been sworn, just for the record, state your name.

Similar wording

Yep, Vern Anastasio, on behalf of Judith Bachman, the owner of the property.

Similar wording

Okay, and I'm going to give it to our vice chair.

Similar wording

Have we submitted the tax compliance?

Similar wording

I believe we have, yep.

Similar wording

Do we have that, Hillary?

Similar wording

I have to look.

Similar wording

I did not see it, but the property is compliant.

Similar wording

i could resend it uh after this here after my hearings today

Similar wording

okay our vice chair has a few questions good afternoon have you submitted your documents and

Similar wording

exhibits five days in advance of this hearing good afternoon yes and do you waive the re

Similar wording

another refusal and stipulate to its accuracy i do i think you can share your screen and proceed

Similar wording

with your case thank you

Similar wording

757 South 5th is this is the proposed 3rd floor edition, but right now, as you can see, the white section is the little house in Queen village.

Similar wording

That is dwarfed by all the others. So this application is for excuse me.

Similar wording

That's not what we're looking for. Sorry.

Similar wording

sorry. My apologies. There it is. I have the wrong document up. But the application is

Similar wording

for a third floor addition as you can see here on the right hand side. It's all in black.

Similar wording

and obviously because of the there's setbacks and because it's 100% lot coverage we have been

Similar wording

refused I do have and this is the current condition as it exists and as you can see

Similar wording

the current home is dwarfed by all the others around it

Similar wording

In fact, here's a survey of the block that it's on.

Similar wording

As you can see, everything else practically is three stories, and here's across the street.

Similar wording

I'm going to switch out all my documents, but while I do that, I'd like to call Ian Toner to the stand.

Similar wording

He is the architect on the project and can talk about changes that we made in the process as we went through with the RCO.

Similar wording

Ian Tomer has been promoted.

Similar wording

Hi, Mr. Tomer.

Similar wording

Good afternoon.

Similar wording

hi mr toner could you state your name and spell for this stenographer yes ian toner

Similar wording

of toner architects it's i-a-n-t-o-n-e-r do you swear or affirm to tell the truth the whole truth

Similar wording

nothing but the truth i do counsel uh mr toner could you please uh walk the uh walk the board

Similar wording

through the uh the addition and any changes that were made as a result of the rco

Similar wording

Sure. I can share my screen and do my best here to make everything clear.

Similar wording

All right. You're able to see the plans. Great. Okay. So looking at the existing building,

Similar wording

It's basement, first floor, second floor, and then to the right here is our addition.

Similar wording

One of our refusals is for full lot coverage.

Similar wording

Right now, this area here along the side is technically open.

Similar wording

There is a planter there, so it's not like people are walking in that space, but it is an open space.

Similar wording

Our addition, we're planning to build the full footprint of below, including that area.

Similar wording

But that area remains open from ground up to the bottom of the third floor.

Similar wording

From ground up to the bottom of the third floor. So from the street, maybe not so different and certainly not imposing anymore on any neighbor. This neighbor is three stories to the left. So we're going to more or less be matching the height there.

Similar wording

So from the street, maybe.

Similar wording

And then if I switch to, let's see if I can get this to work.

Similar wording

All right.

Similar wording

Are you able to now see the zoning site plan?

Similar wording

Okay.

Similar wording

So here you'll see our site plan.

Similar wording

If I zoom in a little bit, you will see that we are set back eight feet from the front as requested by the Fiend Village overlay.

Similar wording

On the side, we are set back three feet, which I know is less than the required five.

Similar wording

But in the beginning, we actually had a we did not have the mansard.

Similar wording

We just went straight up. The roof deck went all the way to the edges.

Similar wording

So through the conversation with the neighbors, you know, we realized that that they wanted to see something a little bit less stark there.

Similar wording

So we are softening the top of the building by doing the mansard with dormers.

Similar wording

We pulled the roof deck back from the edges so it's much less visible from the ground.

Similar wording

It'll be an open railing per the requirements of the overlay.

Similar wording

And here you can see the planter down below that I mentioned earlier.

Similar wording

So those are the main points I just wanted to show.

Similar wording

We have there is an existing roof on top of the garage back here.

Similar wording

We're maintaining the garage. We're maintaining that roof deck.

Similar wording

There will be a stair from the third floor primary bedroom down to that roof deck.

Similar wording

So there's direct access from the bedroom to the roof deck.

Similar wording

And then there's the upper roof deck here that's accessed by the pilot house from the main stair in the hall on the third floor.

Similar wording

Thank you, Mr. Toner.

Similar wording

Mr. Chair, members of the board, because the development team has made changes based on the RCO input,

Similar wording

which is why we have the process because moving the setback in anymore would make that third floor

Similar wording

unusable. And because every other property surrounding ours is already at the height and

Similar wording

impact that we are now proposing. And because we have the support of both the RCO and the district

Similar wording

council office, I do respectfully request the granting of the variance. I would like to call

Similar wording

Judy Bachman to the stand if she's still in the audience. Okay. Ms. Bachman?

Similar wording

They should be coming in in a second, Chair. Thank you very much.

Similar wording

hello hi miss bachman could you please state your name and spell for the stenographer

Similar wording

yes judy bachman j-u-d-y b-a-c-h-m-a-n you swear or affirm that tell the truth the whole truth

Similar wording

nothing but the truth yes counsel thank you miss bachman you heard what i said to the board today

Similar wording

yes yes and it is true and accurate to the best of your knowledge is it not yes and you do adopt

Similar wording

it as your own testimony don't you yes thank you very much questions from the board i have a just

Similar wording

a comment i think they this is one of those instances where i would argue that the man cert

Similar wording

is inconsistent with the rest of the character of the block and um it's just in it not consistent

Similar wording

So I think that the other design probably fit in a little better, but it's your choice at this point.

Similar wording