civus
Hearing video

ZBA Hearing - July 29, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20265h 47m

less trash than theirs, mostly just paper trash, but we will have a dedicated trash storage

Similar wording

in the rear. He sells newer used cars.

Similar wording

in the rear um he sells newer used cars i would say he specifies that they they're still under

Similar wording

warranty so they're they're relatively newer um and uh and you can see it's the right of the

Similar wording

property on frankfort obviously this is a very busy commercial corridor what we're asking to do

Similar wording

here not only is it not out of character because of the other car sales but generally it's it's a

Similar wording

busy commercial corridor i think this is an appropriate use here

Similar wording

the interior you can see is is gutted right now you'll see on the plans it's pretty open concept

Similar wording

so this is the proposed layout a few offices uh you know the with doors a few sort of open

Similar wording

offices, a janitor closet, some bathrooms. Um, the, this sort of space at the top of your screen

Similar wording

right here, which is windows, um, from the Wawa is going to be converted to more of like an

Similar wording

accordion style door, which will allow the cars that you see on the diagram to get inside of the

Similar wording

building. Um, we're not sort of cutting any of the structural walls down on the sides. Um,

Similar wording

Um, and, uh, I mean, that's, it's sort of your classic, um, car sales business.

Similar wording

Here's an aerial of, uh, what the, the space looks like.

Similar wording

There's 30 parking spaces.

Similar wording

Um, many of them will be used to stage cars, but also a large portion of them will be sort

Similar wording

of left open for customer parking.

Similar wording

Um, and he has customer parking at his other locations as well.

Similar wording

The RCO meeting notice.

Similar wording

We met with the RCO on June 1st.

Similar wording

mailed notice here's the application for the variance

Similar wording

feed to the property which he has owned since uh for about a year since june of 2025

Similar wording

and then the proof of tax clearance with that i'd like to call my client to adopt my testimony

Similar wording

sir could you please state your name and spell for the stenographer michael m-i-s-c-h-a-l-e-l

Similar wording

last name m-i-l-i-s right do you swear or affirm to tell the truth the whole truth nothing but the

Similar wording

truth counsel michael did you hear my testimony today yes was it true and correct yes and do you

Similar wording

adopt it as your own yes thank you questions from the board is there no uh there's an old pylon sign

Similar wording

are you planning to do signage to replace so great question he's going to put his signage

Similar wording

on the structure that was left behind by the Wawa.

Similar wording

He's not proposing to build anything new there.

Similar wording

I don't think that it is going to be require variants.

Similar wording

Obviously, if it does require some sort of variants,

Similar wording

we'll be back in front of the board.

Similar wording

Just looking at the images,

Similar wording

like there was an old, I guess, pylon sign on the corner.

Similar wording

Yeah, exactly.

Similar wording

Pylon's still there.

Similar wording

We're going to reutilize that.

Similar wording

So you are going to put a new sign up?

Similar wording

I think you said on the building.

Similar wording

The pylon wasn't on the sign structure that's existing, the pylon.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

So that's a separate application?

Similar wording

Correct.

Similar wording

Okay.

Similar wording

What about fencing?

Similar wording

I noticed in the other locations there's fencing around the property.

Similar wording

Are you going to do fencing here also?

Similar wording

No.

Similar wording

We don't have fencing on other properties.

Similar wording

Okay.

Similar wording

I thought on the images I saw fencing.

Similar wording

The only fencer is in the back.

Similar wording

we put up that fencing right after we bought the property for the neighbors just to be more

Similar wording

and we also there's nothing there's no updated pictures we put like trees in the back just to

Similar wording

make it look better okay other questions yeah would you keep that same border in the front

Similar wording

like i know um in the front on um i guess that's frankfort avenue while i had the shrubs

Similar wording

will you no no no we put stones and we just made it clear needing clear we just cleared it up so

Similar wording

you know like people walk by and throw stuff in there so we just keep it clean okay and my last

Similar wording

question is um how many um exits do you have i know there's a there's two curb cuts so which one

Similar wording

are you going to close or use both of them or close one off no we'll use both of them okay

Similar wording

both of them so cars will be coming either way yes okay thank you and then in their requirement

Similar wording

for a landscape buffer we're not modifying the parking lot so i i don't think there is there's

Similar wording

reference on a refusal that the existing existing accessory parking spots will remain so my

Similar wording

assumption is that because we're not modifying it and this is just a use application we're okay i

Similar wording

would defer to l and i's interpretation if the bushes were removed just a point there it's fair

Similar wording

I didn't hear what you would just what you say.

Similar wording

I said it was modified if the bushes were removed.

Similar wording

oh right right right right um my question well one i will say like i do think that the

Similar wording

All right, right, right, right.

Similar wording

the landscaping that wawa had was nice looking at the frank frankfort avenue and knowing that

Similar wording

like specifically car oriented uses break up streets and make it really not great urban

Similar wording

environment so i would have supported and strongly encouraged constantly the vegetated buffer um but

Similar wording

this is just car sales right we're not doing any repairs it's car sales

Similar wording

all the questions questions from our attorney

Similar wording

no my one question was going to be about signage but that's been addressed thank you

Similar wording

questions or comments from the virtual audience i see no hands at this time chair learning

Similar wording

commission you know solomonic with the planning commission the comprehensive plan recommends no

Similar wording

change to the existing cmx 2.5 commercial mixed use zoning the appellant has not shown that the

Similar wording

property cannot possibly be used in strict conformity with the zoning code and that a

Similar wording

variance is therefore necessary planning commission recommends the board deny the requested use

Similar wording

variance for the personal vehicle sales and rentals mi20260012826506 frankfort avenue i

Similar wording

vote yes michael johns my vote is yes tenetta graham my vote is yes i am mcadams my vote is yes

Similar wording

tywin my vote is yes thank you thank you council thank you thank you number 12.

Similar wording

MI 2026-001-569-2229, Philmar Street, Alan Nockamson is the attorney.

Similar wording

Alice, are you involved in this too?

Similar wording

That's it.

Similar wording

Please start. All right. I just said, state your name. Cause you've been sworn a few times in here and could you identify your client, the relationship to the property? Yeah. Tell left of me. Oh, my name is Alan. Right. And tell left of me is Nelson, who's the owner of the property. Okay. Our voice chair has a few questions.

Similar wording

Good afternoon. Have you submitted your documents with this case? 5 days in advance of this hearing?

Similar wording

yes we have okay and you have a host of refusals so do you wait to read another refusals as typically

Similar wording

to their accuracy yes i do i just want to make sure that the board got the most recent refusal

Similar wording

that was issued i think it was a couple days ago just want to make sure it was i mean they uh yes

Similar wording

july 28th we received it yes all right great yeah thank you you can share your screen and proceed

Similar wording

with your case and the point we do have several uh letters of opposition right we just have my

Similar wording

understanding is the only letter of opposition from the oh i see greater bustleton right that's

Similar wording

the only one i have right and a letter of opposition from the council member o'neill

Similar wording

we never received that but i can you know respond obviously to well his his person's here okay great

Similar wording

so um i will say this that the this is seems worse than it is from a variant standpoint and i would

Similar wording

say that most of the refusals that came in from the landscaping came in with this secondary

Similar wording

amended refusal. So while this project or the property is noted as 2229 Fulmer Street, it's

Similar wording

really a Roosevelt Boulevard address. Like that street that's facing us is Roosevelt Boulevard. So

Similar wording

we're at the beginning of a residential neighborhood, but for all intents and purposes,

Similar wording

we're right on Roosevelt Boulevard. And you'll see from the aerial view that we're right next

Similar wording

to a commercial building, a Verizon building. So what we're proposing is more in line and

Similar wording

character with the surrounding neighborhood that were on Roosevelt Boulevard. But we'll have 11

Similar wording

exhibits to look at. I also have the architect's representative, David McArthur, on the line. And

Similar wording

I have Nelson Telleleptomy, who actually lives in the property. So he's owned this property

Similar wording

for almost the past four years. So he can speak volumes about how well it's to live in a property

Similar wording

that's essentially on Roosevelt Boulevard. He has a single-family house there, which is rather loud,

Similar wording

and it's out of character to have a single family house right there and then so we will go over the

Similar wording

refusal so let's go through the first one the first one is about the height we got rid of that

Similar wording

height refusal where we're supposed to do 35 feet where you know we're originally proposing 37 feet

Similar wording

and 518 inch inches we reduced it by way of revised plans uh the second refusal has to deal

Similar wording

with one more than one principal uh building we're trying to put two two two two two two

Similar wording

duplexes there we're doing four units here two units in each building we're looking to condo this

Similar wording

this is for sale opportunity um but what we wanted to do was two separate residences

Similar wording

residences or building structures there to have as many windows as possible for the units to make

Similar wording

or building structures there to have as many windows as possible.

Similar wording

it more livable. So that's the reason why we're doing that. Tell us what's there now. It's a

Similar wording

single family residence right there. It's a rather knock that down. We are going to knock that down.

Similar wording

It's a rather large lot, which is the lot area is 9,111 square feet. So it's a rather large RSD

Similar wording

D3 lot. The next refusal has to deal with the surface parking. Again, not out of character. You'll see surface parking right next door to us. The next refusal has to do with screening with regards to the parking lot, which I wouldn't really call a parking lot. It's more like, again, a residential driveway. But we did add a lot of screening to the left of us.

Similar wording

So the person who is to the left of us supports this project.

Similar wording

And by the way, when you say that the coordinating RCO is in opposition, while there was a lot of opposition within that room,

Similar wording

you'll see there were no nearby neighbors who voted on this project at all.

Similar wording

And that we did a separate petition of nearby neighbors because, you know, Nelson lives there and they're all in support of this.

Similar wording

They rather have like something more like more in line like this, provide a diversity of housing,

Similar wording

opportunities for other people to move in the neighborhood where single-family is just not

Similar wording

appropriate right there on Roosevelt Boulevard. How long has it been there? The property? I don't

Similar wording

know. I mean, it's a single-family home, but it's been there a while. Nelson bought it, and like I

Similar wording

said, in terms of the noise and the traffic, it's, you know, it's for the board to decide. I think

Similar wording

this is a good, yeah, it's a good use of the property. It is for sales opportunity, and again,

Similar wording

it gives opportunities for people to buy differently and there these are three bedrooms

Similar wording

two baths were around 1800 square foot uh units uh and again all these other refusals have to do

Similar wording

more so with the shrubbery and things like that um again he added a lot of shrubbery to the person

Similar wording

to the left of him that's more appropriate he did not add any shrubbery in the in the parking lot

Similar wording

because he wanted to provide one parking spot for each unit uh this next refusal has to deal with

Similar wording

the four dwelling units where rsd rsd3 but again we're a substantial lot we're almost 10 10 000

Similar wording

square foot lot uh side yard it's it's interesting here so l and i had it both ways they said okay

Similar wording

we're when we when we analyze the side yard and we'll go through the site plan when you analyze

Similar wording

a side yard we're going to call fulmer street the front street which you know it should i guess right

Similar wording

because it's named fulmer and so it's a irregular shaped lot where we're seven our side yard is seven

Similar wording

feet wide for a portion of it and then how it tapers off we're slightly less than seven feet

Similar wording

but then on the front yard they decided that roosevelt boulevard should be the street that

Similar wording

they analyze it based on and we're we run afoul of the rsd3 residential zoning district where 25

Similar wording

foot front yard should be allowed or is required where 15 feet 11 inches and change is proposed

Similar wording

but if you took the front yard as fulmer street then we would actually fall in line with it so

Similar wording

they said for one part of the analysis for the side yard we're going to count fulmer street as

Similar wording

as the main street but for this but for the front yard we're going to count uh roosevelt

Similar wording

boulevard as uh as the as the primary street so we did meet with the bustleton group again

Similar wording

what i would highlight is this there are no nearby neighbors at all so i mean yes this is a very

Similar wording

active group you know and and they're very vocal and which is great right everyone should have a

Similar wording

vote in in their neighborhoods to vote it was 11 in support and 31 against but again we don't know

Similar wording

who they are where they are they're not within the affected area the people that were who are

Similar wording

the affected area be most impacted by this are in support of it the person again to the left of him

Similar wording

who would be most supported by this increased density is in support of this project um and

Similar wording

again he personally walked the block because that's his block he knows those people so i we don't even

Similar wording

have a vote with the with the board i don't know if they don't vote the board but again no nearby

Similar wording

neighbors and again so uh and again there were 62 people in attendance we only have 42 votes i don't

Similar wording

know what happened to the other 20 votes that should have been there uh these you know we try

Similar wording

to like minimize some of our refusals although then after you know the last two days we were told

Similar wording

we have all these other refusals but you know we reduced the building height to put in more in

Similar wording

character to the rsd3 zoning classification and we added the landscape buffer because that was what

Similar wording

was asked of us in the nearby neighbor right we're not changing the setback in any way but he just

Similar wording

wanted to left of us wanted more and better like buffer you know from a sound perspective

Similar wording

you know from a sound perspective uh and then if you can just see here just want to go over just

Similar wording

and then if you can just see here

Similar wording

those two refusals right so from fulmer street we talk about the side yard right of seven feet

Similar wording

seven feet in the front and it's six feet four and eleven sixteenths in the back but it's tapered

Similar wording

off that's a regular shape that's a hardship in terms of the frontage right you see we're set

Similar wording

back 25 feet, which again, would fall in line with this zoning classification, but instead

Similar wording

of counting Fulmer as the frontage, they counted Roosevelt Boulevard as the frontage where

Similar wording

it's 15 feet and 11 and 11 sixteenth inches. So again, kind of acknowledging that this

Similar wording

really should be frontage, should be Roosevelt Boulevard. And when you say Roosevelt Boulevard,

Similar wording

you're not thinking single family household living. You're seeking, you're seeking, seeing

Similar wording

as a commercial, mixed-use, multifamily type of living,

Similar wording

which, again, kind of matches what we're proposing here.

Similar wording

Just one question, and I'm not disagreeing with you.

Similar wording

But the whole issue of living on up there because of the noise and things like that,

Similar wording

isn't that going to be the same thing of people living in a fourplex?

Similar wording

That's true, and that's right.

Similar wording

But I think people are more willing to deal with that.

Similar wording

Like when people are living—

Similar wording

Willing to deal with it, you think?

Similar wording

Yeah, multifamily, yes.

Similar wording

And by the way, he lives in an older home, too, which probably doesn't have the sound insulation that you would expect of a newer construction.

Similar wording

So when he builds it, he's obviously going to take that into account.

Similar wording

Right. So you'll see from the single family, it's an older single family.

Similar wording

I would probably looks like 40, 50 years old.

Similar wording

I can't I don't know the exact age, but obviously they didn't take that into account.

Similar wording

And just to step back, how we're set back further in, we were mindful of that.

Similar wording

But you can see here that we have multiple people on Fulmer Street, which is including the person next door to us, who are in support of this project.

Similar wording

And then maps of the area.

Similar wording

So, again, we have a CMX1 property.

Similar wording

We have a couple of CMX1 properties, which are probably mislabeled, too.

Similar wording

Because, again, this is the Verizon building, which we'll show you.

Similar wording

But a couple of CMX1 properties.

Similar wording

And then, you know, obviously, I think that's probably like a CA1 or something like that across the street.

Similar wording