civus
Hearing video

ZBA Hearing - April 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 24, 20246h 7m

As you can see, the daycare center is next door.

Similar wording

The tenant would be operating in what was the former furniture store.

Similar wording

The residential properties are above.

Similar wording

this is a picture from the side of the building this is no if it's in this picture but the

Similar wording

surrounding buildings are one is a vacant building and one is a furniture another

Similar wording

furniture store this is the rear of the building

Similar wording

this is a view down the street across the street is the

Similar wording

Marcus Foster Stadium down the street there are a number of auto repair businesses

Similar wording

down further the this is what the interior of the space looks like

Similar wording

This is, again, an outside picture, another inside picture.

Similar wording

You can see this is not a very large space, but it's, like I said,

Similar wording

it's not proposed that the property is going to be a venue for very large events.

Similar wording

It is intended to be for local community events.

Similar wording

We certainly, we talk to the RCO and are open to allowing the local RCOs, local community organizations to allow them to use the premises if needed for any community events.

Similar wording

So why don't we bring, how about your client? Why don't we bring your client on?

Similar wording

Stop your testimony.

Similar wording

Okay.

Similar wording

Michael?

Similar wording

Greenzang, could you?

Similar wording

We see a hand.

Similar wording

Thank you.

Similar wording

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

Similar wording

Michael Greenzang, M-I-C-H-A-E-L-G-R-E-E-N-Z-A-N-G.

Similar wording

All right.

Similar wording

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

Similar wording

Yes.

Similar wording

Please proceed, counsel.

Similar wording

Thank you.

Similar wording

Michael, have you been listening to my testimony regarding this application at 1600 Hunting Park?

Similar wording

Yes.

Similar wording

And do you agree that my testimony is true and correct?

Similar wording

Yes.

Similar wording

And do you adopt my testimony as to what your testimony would be had you testified?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

I also have Samia Reeves who's going to be the operator if the board has any questions.

Similar wording

No, I was just going to say, I also have Samia Reeves, who's going to be the operator. If the board has any questions for her, I figured it would be a good time to get her on, too.

Similar wording

So why don't I see where the board stands first? Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

just wanted to clarify is there a specific unit in this building that the assembly entertainment

Similar wording

use is proposed so you know there's a lot of notes on the bottom and there was previously

Similar wording

a banquet hall um and you mentioned there's already a child care center there but i wasn't

Similar wording

i wasn't clear if there was like a specific area that this should be noted

Similar wording

um i believe it's uh it would be unit number two but michael could you confirm that

Similar wording

raise hands and michael what you what unit what unit number 102. okay okay thank you

Similar wording

and then and then um mr richardson from council member bass's office just did forward the letter

Similar wording

from the rco there were two provisos that if the board is inclined to adopt could um could be

Similar wording

included um one being the hours of operation which was mentioned by miss hamill and also

Similar wording

they requested a five-year temporary um variance so those were the those are the two that were

Similar wording

enforceable. Are you okay with that? Yes, we're fine. Okay, sure. Questions or comments from the

Similar wording

virtual audience? Chair, I have Mr. Charles Richardson with the hand raised. I've allowed

Similar wording

him to speak. Hi, Mr. Richardson. Just state your name. You've already been sworn. Certainly,

Similar wording

Mr. Chair, Charles Richardson, R-I-C-H-A-R-D-S-O-N,

Similar wording

Office of Councilwoman Cindy Bass, Room 508 City Hall.

Similar wording

Councilwoman is not opposed to granting the variance

Similar wording

with the five-year proviso, temporary proviso.

Similar wording

Thank you.

Similar wording

Anyone else in the first audience?

Similar wording

There are no further answers, Mr. Chair.

Similar wording

All right, Planning Commission.

Similar wording

Good afternoon, Chair and members of the board.

Similar wording

This is Greg Walden, Planning Commission staff.

Similar wording

the comprehensive plan recommends no change to the existing industrial zoning the proposed use for

Similar wording

assembly will not cause detrimental impacts to the neighborhood beyond what is normally what

Similar wording

normally might be expected the city planning commission recommends that the zoning board

Similar wording

grant the variance with the proviso that the use be limited to event assembly facility as detailed

Similar wording

in the section in the code under the assembly and entertainment section of commercial services

Similar wording

use categories under 14-601 use categories okay so mi 2023 005 992 1618 west hunting park avenue

Similar wording

i vote yes with proviso limited to section 102 hours 12 noon to 12 8 during the week on the

Similar wording

weekend 10A to 12P, and a five-year temporary variance that will expire 4-24-29.

Similar wording

Thomas Holliman, my vote is yes with provisos.

Similar wording

Ishmael Shahid, my vote is yes with proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Number four, MI 2023-005-996-1118 East Montgomery Avenue.

Similar wording

Jared Klein is the attorney.

Similar wording

There's a letter of support from the Fishtown Neighbors Association

Similar wording

and letter of non-opposition from Council Member Squilla.

Similar wording

Mr. Klein.

Similar wording

Good afternoon, Mr. Chair, members of the board.

Similar wording

Counsel, could you state your name and spell for the court stenographer?

Similar wording

Certainly. It's Jared, J-A-R-E-D. Last name is Klein, K-L-E-I-N, from Nockamson, PC.

Similar wording

Oh, there you go. Okay. Thank you. Do you swear or affirm to tell the truth,

Similar wording

the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

All right. Could you identify your client and their relationship to the property?

Similar wording

Yes, certainly. My client is the owner of the building, Matthew Papajohn, and his wife, Catherine Recker.

Similar wording

Yes, certainly. My client is the owner of the building, Matthew Papajohn, and his wife,

Similar wording

the cat.

Similar wording

Chair, we don't see you.

Similar wording

Yeah, I seem to be having some trouble with my camera. I'm turning it on and off, but it is not.

Similar wording

Because it's going to be hard for you to make a presentation.

Similar wording

There we go. Okay. I fixed it.

Similar wording

Took me a second. Apologies for the technical difficulties.

Similar wording

Your vice chair, our vice chair once has a few questions.

Similar wording

Sir.

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to waive the reading of the refusal or stipulate to his accuracy?

Similar wording

Yes, I do.

Similar wording

Have you emailed in all the required documents and exhibits that is needed to proceed with this case?

Similar wording

It's probably in advance of this hearing.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

Thank you very much.

Similar wording

Hopefully that works more smoothly.

Similar wording

Can everybody see that?

Similar wording

We can.

Similar wording

Okay, excellent.

Similar wording

So, yes, we're here for 1118 East Montgomery Avenue, which is the home of my clients,

Similar wording

and they have resided there for some time. The application is to do an addition to the single

Similar wording

family home to allow them to continue to live there and do some aging in place as they head,

Similar wording

hopefully not too soon, but head towards their retirement years. The refusal that we got

Similar wording

are two of them. The required open area is not provided. Now, we're not adding to this condition,

Similar wording

so this is an existing condition on the ground floor, so it is something that's being carried

Similar wording

over from the way the property was constructed, and the rear setback at the addition level

Similar wording

is not provided, but I think you'll see once we get into the plans that this is fairly set back

Similar wording

and unobtrusive to everyone involved. The property itself used to be a firehouse.

Similar wording

So I'll show some pictures here. There used to be part of the Philadelphia Fire Department that

Similar wording

resided here in this structure. So it has an unusually large ceiling height on the first

Similar wording

floor with these large doors. And you'll see that there still exists when we get to some side views,

Similar wording

part of the hose and pole tower is still on the on the roof and that creates some challenges to

Similar wording

expand the building because of the way it was originally constructed for a non-residential

Similar wording

purpose. These are the blocks of Montgomery to the left and right of the of the property

Similar wording

and photo of posting. Just to orient the board about where we are this is East Girard Avenue

Similar wording

Montgomery Avenue is here. We're an interior mid-block property there.

Similar wording

Aerial view in context. And we did do a bit of a survey of properties in the immediate area

Similar wording

that also have less than the 25% open area. So our properties here, as you can see, it's a fairly

Similar wording

common condition amongst the surrounding area that we're in, where there is less than the 25%

Similar wording

open area that's being provided. In terms of the plans, this is the area of the addition is back

Similar wording

here. This is the existing structure. There is this proposed stair tower and addition that goes

Similar wording

on the rear of the building. For context and scale, the area that is in red would be the new

Similar wording

addition so we're not adding to any existing condition in terms of the rear yard or open area

Similar wording

we're going on top of um on top of those areas but not adding to them and this is uh more of

Similar wording

floor plan sample to show um the mezzanine floor this is the ground floor of the building as it

Similar wording

existed existing laid out and here is the area that's going to be the addition really what

Similar wording

they're doing is adding a larger bedroom and deck onto this third floor just to give them some more

Similar wording

space to continue to live in this property. Part of the reason for the stair tower that's being

Similar wording

reconstructed also is that the stairs currently, because of the building's former use, are very

Similar wording

steep. So the stairs are being reconfigured into a more gradual incline for people as they age. It's

Similar wording

a little easier for them to get up and down a less vigorously inclined staircase. As the chair

Similar wording

mentioned, I think as I was joining as a panelist, we did meet with FNA. They were very enthusiastic

Similar wording

about it, sent in a letter of support with some comments that it contextually fits and would

Similar wording

allow them to stay in their home and maintaining some of the historic features. The vote was

Similar wording

overwhelmingly in support, and we also received some correspondence from Councilman Squilla

Similar wording

um following the uh rco's position um with that i'd like to ask matt papajohn if he could raise

Similar wording

following the RCO's position. With that, I'd like to...

Similar wording

his virtual hand briefly

Similar wording

they've been allowed to speak good afternoon sir could you please state your name and spell

Similar wording

for the court stenographer matthew papajohn m-a-t-t-h-e-w last name papajohn p as in peter

Similar wording

a double p as in peter a j o h n you swear affirm to tell the truth the whole truth nothing but the

Similar wording

truth i do please proceed counsel thank you mr chair matt did you have a chance to hear my

Similar wording

presentation this afternoon i did and would you adopt everything i said and the evidence i submitted

Similar wording

is true correct in your own if you'd had a longer chance to speak yes i would thank you very much

Similar wording

We don't have anything further, Mr. Chair.

Similar wording

Sure.

Similar wording

Questions from the board?

Similar wording

No, Chair.

Similar wording

No, Mr. Chairman.

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

I do not see any further answer.

Similar wording

Planning, Commissioner.

Similar wording

Wait a minute.

Similar wording

Okay.

Similar wording

Excuse me, Mr. Chair, I'm sorry about you.

Similar wording

I have a Robert Everett with her hand raised.

Similar wording

I have a lot of them.

Similar wording

Sure.

Similar wording

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

Similar wording

Yes, good afternoon.

Similar wording

My first name is Robert, last name Everett, E-V-E-R-E-T-T.

Similar wording

You swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Are you from the RCO?

Similar wording

I am from the RCO.

Similar wording

Please proceed, Mr. Everett.

Similar wording

Just here to confirm everything Jared said is absolutely correct.

Similar wording

the neighborhood is thrilled to see that building get repurposed and keep the papa johns in there

Similar wording

thank you thank you for uh calling we appreciate it is there anyone else in the virtual audience

Similar wording

no other hands mr chair planning planning commission

Similar wording

good afternoon chair members of the board um the comprehensive plan recommends no change

Similar wording

to the existing residential single-family zoning proposed dimensional variance will not cause

Similar wording

detrimental impacts to the neighborhood beyond what normally might be expected the city planning

Similar wording

commission recommends that the zoning board grant variance thank you mi2023-005-996-1118

Similar wording

East Montgomery Avenue. I vote yes.

Similar wording

Thomas Holliman,

Similar wording

my vote is yes.

Similar wording

Ishmael Shahid, my vote is yes.

Similar wording

Thank you,

Similar wording

counsel. Thank you very much. Enjoy your

Similar wording

afternoon. Number seven,

Similar wording

MI 2023-00633,

Similar wording

2025

Similar wording

South 5th Street.

Similar wording

Alan Notkinson is the attorney.

Similar wording

There's a recommendation

Similar wording

of support from Dickerson Square

Similar wording