civus
Hearing video

ZBA Hearing - March 31, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 31, 20215h 23m

what i'm asking but that's not her responsibility i understand that what i'm saying

Similar wording

shakamba please it's been a while just relax i just want to point that out she has the applicant

Similar wording

it's not the applicant's responsibility people want to oppose they do exactly what you're doing

Similar wording

now they can call in and will listen to their company their concerns

Similar wording

and will listen to their concerns. Please proceed.

Similar wording

Mr. Comber has been muted. I've asked her to unmute.

Similar wording

They think my computer keeps going back and forth on this thing, but that's why I'm having a problem.

Similar wording

Anyway, the building that he's referring to, all the buildings in that block don't meet the zoning code.

Similar wording

Remember that this zoning code came to play in 2012, and all these buildings were built way back, maybe 50, 60 years ago.

Similar wording

So therefore, none of the buildings, in fact, a lot of the buildings in our area do not meet the zoning code.

Similar wording

Second thing is that it was a letter to the federal that was sent to you by Sazna because of the opposition from the people who did attend the meeting.

Similar wording

Thirdly, we are opposed to, because if you notice, she has a huge pilot house that she wants to build that goes beyond the existing regulations.

Similar wording

I wanted to know why she needed such a huge pilot house.

Similar wording

I thought a pilot house was one that would just give you access to the roof.

Similar wording

But yet hers extend beyond that.

Similar wording

And many of these people are now building pilot houses that go beyond what their regulations are.

Similar wording

And I noticed she didn't mention that in her presentation, nor did Mr. Monroe.

Similar wording

Okay, so that's another thing that we have a problem with.

Similar wording

Okay, we're trying to get more conformity in our neighborhood because of the various hodgepodge methods that are being taken place in the neighborhood.

Similar wording

A lot of these houses that have been built were done before there was any kind of regulations.

Similar wording

let's just stick to this property at 1929 cater as i'm speaking to okay well you're saying other

Similar wording

properties and apparently there are people who live on this block who have testified in favor

Similar wording

of these are the people who will be most immediately impacted well there were a couple

Similar wording

of people that two near neighbors or three near neighbors who were at the meeting well they have

Similar wording

And they were right next to her, and they were opposed to what she had to do.

Similar wording

Well, if they're wrong, we'll listen to them.

Similar wording

But as of right now, speak for yourself, please, and we'll appreciate it.

Similar wording

I just want to make two objections for the record.

Similar wording

I understand Ms. Chacombe is still speaking, but one would just be based on any hearsay statement about what other people who are not present at this meeting said.

Similar wording

I object to that on the basis of hearsay.

Similar wording

And then number two, I object on the basis of Mr. Comba's standing.

Similar wording

Wait a moment.

Similar wording

I represent the RCO, okay?

Similar wording

All right.

Similar wording

Let me tell you what I have to say.

Similar wording

Sustain on the first objection, overruled on the second.

Similar wording

Okay.

Similar wording

What I'm saying to you now, if you look at Sassana's letter,

Similar wording

they themselves point out the people who were there and the vote that they gave.

Similar wording

Okay?

Similar wording

So not that I'm saying anything on hearsay.

Similar wording

the vote shows that two people who

Similar wording

said they were near neighbors opposed

Similar wording

what she wanted to do and those near

Similar wording

neighbors were almost live right next door

Similar wording

to her so I don't know what he's opposing

Similar wording

me but the Sassner letter

Similar wording

will support what I have to say

Similar wording

we have the Sassner letter

Similar wording

he said two near neighbors

Similar wording

were opposed

Similar wording

to it okay and

Similar wording

one was in support

Similar wording

of and then the community at large it was

Similar wording

two who was opposed to it

Similar wording

okay what they mean the people some of them still live on the block but they too were opposed to it

Similar wording

well they they have an opportunity to do what you're doing and apparently

Similar wording

unless there's anyone else to speak on this case they chose not to well it chose to say

Similar wording

they didn't they didn't realize that okay it's hearsay okay if they have a problem with this

Similar wording

application they have every right and responsibility to make their voices heard

Similar wording

anyone else would like to testify in this case

Similar wording

no other hands at this time mr chair thank you planning commission

Similar wording

sir ron bednar city planning

Similar wording

property is currently indicated for residential use on the city plan given the documented site

Similar wording

constraints. We recommend that the variants be granted. Thank you, Ron. Mr. Munro, is there a

Similar wording

revised plan? Yes, and we emailed that. One page? Two pages. Okay, very good. MI 2021-0004481929

Similar wording

cater street my vote is yes with the proviso revised plan two pages approved today thank you

Similar wording

yes with proviso my vote is yes with proviso yes with proviso you calendar number

Similar wording

yes for proviso my vote is yes with proviso

Similar wording

zero four five oh two one two eight south 15th street the attorney is zhen

Similar wording

yes good afternoon hi name and address for the record please yes zhen jen z-h-e-n j-i-n

Similar wording

1617 John F. Kennedy Boulevard Suite 1838 Philadelphia EPA 19103 here on behalf of the

Similar wording

applicant. And you're still under oath. Do you agree to waive the reading of the refusal and

Similar wording

stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership tax

Similar wording

compliance, photos and or plans of the property, a copy of the refusal and or referral, and have

Similar wording

done this five days in advance of this hearing? Have you also met with the RCO? And do you have

Similar wording

a letter? Yes to all questions. Thank you. You may proceed. Thank you. Good afternoon. I'm going

Similar wording

to share with the board the information related to this case. We have submitted the refusal RCO

Similar wording

letter from Broad Street West Civic Association, photos, plans, and related documentation of

Similar wording

ownership and tax clearance.

Similar wording

This application is refused because it is an application

Similar wording

to legalize a two family structure

Similar wording

that exists at 2128 South 15th Street.

Similar wording

And the proposed use is prohibited in the zoning district.

Similar wording

We met with the RCO in person

Similar wording

and received a non-opposition from the RCO.

Similar wording

No actual neighbors showed up,

Similar wording

Although a neighbor did send in an email objecting to the request, but I believe we discussed the reason for the proposal because the building exists in its existing situation.

Similar wording

although there are no specific records of a legal application prior, my client purchased it to live

Similar wording

in one of the units and actually was seeking to rent the second unit. She did not realize,

Similar wording

of course, at the time of purchase that this is not zoned currently as a legal duplex structure.

Similar wording

The RCO board reviewed the situation, asked my client questions, and ultimately voted not to

Similar wording

oppose the project, partly because this is not a new structure, nor is this recent changes or any

Similar wording

changes that my client was involved in. And she essentially purchased the property, thinking that

Similar wording

it was a duplex property. The layout is as it exists in the property. The first floor and

Similar wording

basement is one unit, second and third floor, which is a half size floor, is a second unit.

Similar wording

my client does own the property and she is residing she's planning to reside in the property

Similar wording

as well so we would ask the board's consideration in this case based on the rco's non-objection

Similar wording

as well as on the prior existing conditions of the property being that it was set up as a duplex

Similar wording

prior to my client's purchase i'll be happy to answer any questions or share any specific

Similar wording

information the board would be interested in again this is the property in the photo

Similar wording

just for reference thank you is your client available yes my client should be here with us

Similar wording

miss lee first name is bi

Similar wording

the full spelling i don't know if she's here as her name on the um on zoom but it's bi xia li

Similar wording

I mean, Ms. Li is here, but she appears twice in the audience list.

Similar wording

She may raise her virtual hand.

Similar wording

Yes, Ms. Li, can you raise your hand on the computer system?

Similar wording

You might be logged in on both the phone and the computer.

Similar wording

I don't know if she's having technical issues.

Similar wording

Okay, why don't we do this as an officer of court

Similar wording

we'll stipulate that your client

Similar wording

would be adopting your testimony.

Similar wording

Any questions from the board?

Similar wording

No.

Similar wording

Anyone else like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

No hands at this time, Mr. Chair.

Similar wording

Thank you.

Similar wording

Planning Commission.

Similar wording

Ron Bednar, City Planning.

Similar wording

property is indicated for residential use on the city plan given the use history we have

Similar wording

we recommend that the variance be granted. Thank you. MI 2020 does

Similar wording

variants be granted. Thank you. MI 2020-000450-2128-South 15th Street. My vote is yes.

Similar wording

My vote is yes. My vote is yes. My vote is yes.

Similar wording

Thank you. Calendar number. Excuse me. Yes. Mary, before you proceed, can I interrupt for one

Similar wording

minute? There's a case. There was a rather a hearing on reconsideration that was scheduled

Similar wording

to be heard at two o'clock it is not on your list and it is being continued at the request of all

Similar wording

parties um so can i just read that into the record yes please okay mi 2020 001383 4003

Similar wording

filbert street the hearing on reconsideration is being continued thank you sharon calendar number

Similar wording

0398-2417 Coral Street.

Similar wording

The attorney is Matt Monroe.

Similar wording

Hi, Matt.

Similar wording

Can you put your name and address on the record and spell your last name?

Similar wording

You have to...

Similar wording

I'm muted, Matt.

Similar wording

sorry about that that's okay go ahead no worries uh yeah matt monroe uh uh m-o-n-r-o-e

Similar wording

2030 pemberton street 19146

Similar wording

um do you swear from well you're already sworn in do you also agree to waive the reading of

Similar wording

the refusal and stipulate to its accuracy i do have you emailed the exhibit packet with proof

Similar wording

of ownership tax compliance refusal referral photos and or plans of the property five days

Similar wording

in advance of this hearing and have you met with the rco and do you have a letter yes to all those

Similar wording

thank you you may proceed uh good afternoon chairman de chico members of the board i think

Similar wording

this one should go uh pretty quickly uh faster than the last um my clients are uh jeff cullen

Similar wording

and i'm sorry uh jeff miller and cullen quinn uh who are partners who are jeff miller is a long

Similar wording

time tattooer in Philadelphia community and Colin is his apprentice who's becoming a full-fledged

Similar wording

tattooer as we speak. They've gone in together on a partnership on the studio at 2417 Coral Street in

Similar wording

the East Kensington area. The document that I have on the first page shows the building that they're

Similar wording

planning to occupy. As you can see, it's a recently renovated, very nice new construction

Similar wording

building with a commercial space on the ground floor. It's relatively small in an apartment

Similar wording

upstairs. Unfortunately, there was the photo building business that was on the ground floor

Similar wording

that became a victim of COVID pandemic and went out of business and the commercial space was

Similar wording

shuttered. My clients are looking forward to starting this place. Tattoo businesses were

Similar wording

one of the businesses that opened along with hair salons and professional services,

Similar wording

other personal services businesses earlier in the pandemic, and have been thriving since.

Similar wording

So what we have here is just an application. The hardship, of course, is based on the fact that

Similar wording

The zoning code makes it very difficult, near to impossible, to open a tattoo shop as of right in the city of Philadelphia.

Similar wording

And this is based on sort of archaic positions and opinions about tattooers and people with tattoos.

Similar wording

Jeff Miller, for example, is just another suburban dad who has been doing this business for a number of years,

Similar wording

basically comes in at 9 or 10 in the morning, tattoos one or two clients, and then gets home

Similar wording

to be with his kids in the suburbs by the afternoon. Cullen lives in the neighborhood

Similar wording

near the Coral Street property. They've got a lease with several options, and I'll just get down

Similar wording

to the details. We did send out, of course, the notification letters. We have the certificate of

Similar wording

service. We have the lease. We have the tax compliant documents. The zoning notice was

Similar wording

properly posted and documented, as you can see here in the window. And our meeting, we had a

Similar wording

well-attended meeting at the East Kensington Neighborhood Association, and we received a

Similar wording

support letter. There was only one concern that was raised by a single individual, and the only

Similar wording

concern that anybody in the community had about this after hearing from me and Colin

Similar wording

and Jeff was the type of art that would be posted in the window.

Similar wording

Without any basis, I think that he raised a question and was concerned that there was

Similar wording

going to be adult material in the window.

Similar wording

adult material uh in in the window uh they they don't do that they won't do that and um it was

Similar wording

they

Similar wording

it was unfounded uh there's an overwhelming vote in favor of granting the variance and um just to

Similar wording

to show uh the board they are in this small cmx1 property that's on the corner the area had been

Similar wording

uh recently uh or not i guess in the last 10 years rematch it's directly across the street

Similar wording

from an irmx property and there's um uh industrial properties in the area it's also a long time uh

Similar wording

working class rsa5 uh you know single family home neighborhood there's a tight-knit community

Similar wording

jeff and colin have already gotten to know their neighbors and um i believe they they could get

Similar wording

some out in support though uh in order to avoid you know dragging things out uh we we just wanted

Similar wording

to try to do a short hearing just uh for the record here's a list of other types of regulated

Similar wording

uses that are treated like tattoo shops and are differently in, you know, basically adult-oriented

Similar wording

merchandise, adult-oriented service, drug paraphernalia stores, gun shops, detention and

Similar wording

correctional facilities, etc. These guys are just going to be doing as a, by appointment only,

Similar wording

their, you know, their hourly rates are pretty high, professional services type rates,

Similar wording

um so it's not just going to be you know people coming in uh like they would and you know panama

Similar wording

city beach trying to get like a dolphin tattoo because they were drunk on vacation it's not that

Similar wording

kind of a shop uh this is pretty elevated stuff and they're going to be spending money um if the

Similar wording

board's interested here's uh some of their art uh which i'm putting up on the screen uh uh and

Similar wording

they've they've been uh these guys do good work uh they're clean and they just are looking forward

Similar wording

going in business for themselves after working for people for a long time with that if the board has

Similar wording

any questions i um will rest my presentation so my road do you have a client i do and uh jeff

Similar wording

or cullen if you're on if you could raise your virtual hand either one we don't need both right

Similar wording

just just one well good afternoon sir please identify yourself with the record first and last

Similar wording

name my name is cullen quinn spelled c-u-l-l-e-n last name q-u-i-n-n i do have my partner jeffrey

Similar wording

miller next to me as well if you'd like him to speak we're in the firm to tell the truth the

Similar wording

whole truth nothing but the truth i do all right uh mr uh mr quinn did you hear the factual

Similar wording

statements that i made in my presentation yes and um were they accurate yes do you adopt them

Similar wording

as your testimony i do okay great thank you questions from the board no

Similar wording

anyone else like to testify in this case if so please raise your hand

Similar wording

Mr. Chair, I have a Trevor Moran, whose hand is raised. I will allow him to speak at this time.

Similar wording