civus
Hearing video

ZBA Hearing - July 29, 2026

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

we you know maybe make some modifications that may be more in tune with you know the surrounding

Similar wording

area including potentially the height the density the parking um well let's let's see where planning

Similar wording

is penis almonic with the planning commission the comprehensive plan recommends no change

Similar wording

to the rsd3 residential single family detached zoning the proposed dimensional variances for

Similar wording

building height maximum above 35 feet minimum side yard below seven feet minimum 25 minimum front yard below 25 feet surface parking and the required 25 foot front yard and the proposed use variances for two principal buildings and for drawing units on a single family lot all conflict with characteristics of the surrounding neighborhood.

Similar wording

as well the application is also subject to the landscape and tree code and the appellant refused

Similar wording

to comply with the requirements of the parking lot landscape buffering from residential parking

Similar wording

lot perimeter screening and parking lot interior landscaping because the appellant is proposing

Similar wording

four parking spaces in total the applicant is responsible for 16 trees 42 shrubs as well

Similar wording

as screening fencing which have not been provided in certain situations if some or all the landscape

Similar wording

provisions are impractical or impossible to comply with the number of trees and plants or landscape

Similar wording

dimensional requirements of the zoning code the planning commission staff could consider a waiver

Similar wording

with a fee in lieu of providing trees in this case however the appellant refused to comply with the

Similar wording

code and did not submit a waiver request letter after various attempts from the planning commission

Similar wording

plans examiner for this application that is calculated as fourteen thousand dollar fee

Similar wording

avoidance which should be going to the philadelphia tree fund for future citywide planting and greening

Similar wording

initiatives the planning commission recommends the board deny the requested dimensional and use

Similar wording

variances and deny the requested variances for the landscape and tree code the applicant will

Similar wording

need to return to planning commission to comply with the landscape and tree code or the waiver

Similar wording

and fee-in-lieu process. The proposed landscape plan on the proviso plan still needs to be

Similar wording

reviewed for compliance as it does not meet the code requirements. So can I respond, Mr. Chair?

Similar wording

Sure. So first things first, we didn't get the updated refusal until yesterday's date. So and

Similar wording

if you look at the original refusal, it had nothing to do with the landscaping. I'm looking

Similar wording

at the original refusal, had nothing to do with the landscaping. So we had a business day to look

Similar wording

get this um as far as the height we reduce that we're in conformance with it as far as the side

Similar wording

yard that's a uh because of the the how how the uh lot itself is you know juts in a little bit

Similar wording

um that is a more of a hardship and then in terms of the front yardage they're they're

Similar wording

having it both ways where fulmer is the front yard for one refusal but roosevelt boulevard

Similar wording

is the front yard for the other.

Similar wording

But especially since we received

Similar wording

an updated refusal

Similar wording

yesterday where there

Similar wording

has to be at least a look at

Similar wording

with the landscaping

Similar wording

what we're going to do with that, I think it would

Similar wording

be unfair for the board to vote

Similar wording

today.

Similar wording

I just didn't see much support, period.

Similar wording

Well, I know.

Similar wording

That's all I'll say, but I am

Similar wording

going to call for a vote.

Similar wording

Okay, so

Similar wording

and my 2026 001 569 2229 fulmer street i vote no michael johns my vote uh no

Similar wording

tennetta graham my vote is no i am mcadams my vote is no i am when my vote is no

Similar wording

thank you thank you mr chairman remember their provisors you want the provisors right in

Similar wording

provide so per per river a corrected refusal dated july 28th 2026.

Similar wording

it was that michael johns okay thank you thank you michael michael johnson my vote is no with

Similar wording

proviso oh it's not a grand my vote is no with proviso ryan mcadams my vote is no with

Similar wording

proviso tywin my vote is no with proviso

Similar wording

number seven mi 2026 001 509 7172 keystone street andrea solomon is the attorney council could you

Similar wording

Andrea Solomon is the attorney. Counsel, could you please state your name and spell for the stenographer?

Similar wording

please

Similar wording

Good afternoon, Andrea Solomon from Claire Harrison, Harvey Bransburg, A-N-D-R-E-A-S-A-L-O-M-O-N.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify a client in relationship to the property?

Similar wording

Thank you. My client is 7127 Keystone Holdings LP, the owner of the property.

Similar wording

With me here today is Mr. Yuval Schramm on behalf of the ownership and Mr. Rustin Ohler, the project architect.

Similar wording

And I see a letter of non-opposition with uniform proviso, civic association, nine total votes.

Similar wording

Our vice chair has a few questions for you.

Similar wording

good afternoon have you submitted your documents and exhibits five days in advance of this hearing

Similar wording

we did and do you waive the reading of the refusal and stipulate to its accuracy i do all right thank

Similar wording

you you can share your screen and proceed with your case thank you i respectfully request that

Similar wording

the exhibits one through eleven be incorporated as part of the record seven seven one two seven

Similar wording

keystone street is a new construction mixed use building housing multi-family dwelling units vacant

Similar wording

commercial spaces and accessory parking the building was an investment in this former

Similar wording

industrial neighborhood to bring high quality modern residential units to meet the changing

Similar wording

needs of the neighborhood the current application is for the change of use of the vacant retail

Similar wording

commercial spaces at the ground floor to seven additional dwelling units and accessory amenities

Similar wording

in the existing structure as chairman Bergman stated you have a letter of non-opposition with

Similar wording

provisos from the coordinating RCO we worked with them to incorporate all the provisos and

Similar wording

related to to parking concerns in the neighborhood and traffic calming measures

Similar wording

uh this is uh the view of the property uh i'll i'll return to the the floor plans

Similar wording

with mr oler to walk through the layout the prior approved permit

Similar wording

again the property is zoned irmx three uh the change of use application received one refusal

Similar wording

because the underlying IRMX district and industrial use must account for the floor area

Similar wording

anywhere in the building equal to at least 50% of the total ground floor area

Similar wording

or commercial ground use for at least 60% of the total ground floor area.

Similar wording

So this building was designed per the IRMX requirements to include the requisite ground

Similar wording

floor commercial space however ownership has marketed the retail space since even before

Similar wording

receiving the co in december of 2023 to no success that these efforts have been unsuccessful in

Similar wording

finding any retail or industrial tenant receiving the feedback that there's just low too low foot

Similar wording

traffic in this area this is an aerial image of the site as you can see even though the property

Similar wording

is stoned ir max it's a very residential neighborhood uh you can see they've they've

Similar wording

marketed the retail space for a long time and the uh the surrounding streets are really

Similar wording

resident residential in nature this is what the existing apartment units on the upper

Similar wording

floors uh look like and what the proposed units will look like also in terms of finishes

Similar wording

uh the ground floor since 2003 has remained uh broad vacant commercial space because

Similar wording

they've marketed it had multiple brokers but have not been able to to lease it as commercial or

Similar wording

industrial uh with that i'll ask that mr oler be promoted as panelist and we can go back to the

Similar wording

floor plans i see he raised his hand okay sure rest and oler will be joining us as a painless sure

Similar wording

how many units are you want to it's seven additional units

Similar wording

sharp

Similar wording

rostin can you hear us

Similar wording

do we see his hand

Similar wording

Do we see his hand?

Similar wording

yes chair he is a panelist rustin can you please cut your camera on it looks like he is off mute

Similar wording

so i'm not too sure what's going on okay well in the meantime i'm happy to walk through the

Similar wording

units as i said it's seven additional units they're facing why don't you do that they're

Similar wording

they're they're facing keystone street so really activating that street frontage um the units will

Similar wording

have access to all the common amenities and there will be some reconfiguration of the amenities a

Similar wording

gym a common room flex space and they'll all have access to the package room and a refuse room

Similar wording

um hopefully he can work his mic issues in case the the board has any additional questions but um

Similar wording

mr schramm uval schramm is here as well and i'll ask that he also be promoted so

Similar wording

he can adopt my testimony why don't you bring him one

Similar wording

i see his hands raised yes he has been promoted to panelists

Similar wording

hello can you hear me i can't could you please state your name is spelled

Similar wording

uh uval y uv a l shram s h r a m do you swear referring to tell truth told truth nothing but

Similar wording

truth i do yeah also you uh you uh saw the entirety of my presentation yes i did and is

Similar wording

it true and accurate to the best of your knowledge it is and do you adopt it as your own testimony

Similar wording

i do and uh can you just state briefly for the record your relationship to uh 7127 keystone

Similar wording

holdings yes i can i am the managing partner of the entity that owns the property i represent the

Similar wording

ownership and you have marketed these commercial spaces for a while is that right i have yes i've

Similar wording

tried my very best to lease up the property as you said um probably a year into the construction

Similar wording

so probably around the beginning of 2023 and all the way up until we've obtained the

Similar wording

co and and afterwards and up until now and during now we've had several different

Similar wording

retail brokers representative that are in the industry and and have tried to

Similar wording

for the best of their abilities to find for us retail tenants but we were unsuccessful we've done

Similar wording

it in different ways and methods to try and and find the right tenants of different different kinds

Similar wording

but and could and were and failed thank you um and i with that uh we're happy to take any questions

Similar wording

questions from the board

Similar wording

questions from our attorney

Similar wording

none at this time questions or comments from this audience or the virtual audience

Similar wording

i see no hands at this time chair any commission

Similar wording

in the planning commission in 2017 the zoning map was amended from i2 industrial to irmx

Similar wording

industrial residential mixed use at this location in accord with recommendations from the comprehensive

Similar wording

plan and with support from the community this site is particularly situated to buffer the

Similar wording

light industrial corridors icmx edge from the residential uses across the street the appellant

Similar wording

has not shown that the property cannot possibly be used in strict conformity with the zoning code

Similar wording

and that a variance is therefore necessary the planning commission recommends the board

Similar wording

deny the requested use variance for household living on 100 of the ground floor i'll just

Similar wording

respond briefly i think we already covered that the the hardship is due to the fact that we haven't

Similar wording

been able to lease the commercial spaces for a long time but seen a good demand for the

Similar wording

residential spaces and it it fits nicely with the character of the neighborhood to have the

Similar wording

additional ground floor floor units so mi2026-001-509-7127 keystone street i vote yes michael

Similar wording

johns my vote is yes tonetta graham my vote is yes ryan mcadams my vote is yes iowen my vote is yes

Similar wording

thank you very much have a great afternoon number eight MI 2026 001 510 575 Adams Avenue

Similar wording

Richard DeMarco is the attorney

Similar wording

morning mr chairman can you hear good afternoon can you hear me oh yeah no it's it's really our

Similar wording

morning still we got a long way i hear you you got the time exactly right though sir could you

Similar wording

please state your name and spell for the stenographer richard demarco last name spelled

Similar wording

d-e-m-a-r-c-o do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

I do. Could you identify your client, the relationship to this property?

Similar wording

Yeah, the client is Jonathan Jacobs. He's here on the on the call.

Similar wording

And I see there's a. He's the tenant, by the way.

Similar wording

OK, the Lawrence Lawrence Community Association voted 40 to zero in favor of this.

Similar wording

That's right. That's right.

Similar wording

Our vice chair has a few questions. Sure.

Similar wording

Good afternoon. Have you submitted your documents and exhibits five days in advance for this case?

Similar wording

Yes. Sorry, yes.

Similar wording

Oh, sorry. Do you waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I can waive and stipulate.

Similar wording

All right. Thank you. You can share your screen and proceed with your case.

Similar wording

Thank you.

Similar wording

Give me one second. New computer today, Mr. Chairman.

Similar wording

Oh, good. So you should be able to see. Am I sharing my screen? Okay. Is this a new laptop?

Similar wording

Yes. All right. Terrific.

Similar wording

So I'll go to the refusal. By the way, the tenant is actually, forgive me, I wanted to identify the name correctly.

Similar wording

Nope, I can't even find it. Sorry. My client can identify the tenant name.

Similar wording

Anyway, we're here, Mr. Chairman, for a use variance for the refusal should be on your screen.

Similar wording

This is a commercial shopping center, but it's zoned I-2 industrial.

Similar wording

So just a brief word about hardship, that's a pretty heavy industrial zoning classification, yet the property is completely commercial in nature.

Similar wording

If I can just show you some photos, this is the space right here, Mr. Chairman, that I'm outlining with my cursor.

Similar wording

So as you can see, it's pretty much a really a completely a commercial area.

Similar wording

There's no room for heavy loading.

Similar wording

There's no loading zones.

Similar wording

There's no room for it.

Similar wording

There's no room in the back of the property.

Similar wording

It's restaurants, a pet store, and some empty spaces.

Similar wording

There was a furniture store here.

Similar wording

And it's, you know, not that easy to rent, but it's completely commercial tenants.

Similar wording

So back to the main exhibits.

Similar wording

So obviously, the zoning itself, we feel, is not really appropriate.

Similar wording

This board has also granted consistent and multiple variances for commercial uses at this shopping center, including what I just showed you on those photos.

Similar wording

um and I did submit with my exhibits multiple proof of prior decisions by this board granting

Similar wording

all sorts of variances for all sorts of different commercial uses namely animal uses uh there's a

Similar wording

there's some animal um um kenneling and hospital use and again restaurants and furniture store

Similar wording

etc so um taking you the plans let me i do have better layouts of the plans uh so let's go ahead

Similar wording

and take a look at that this is an event space my client is an experienced caterer i'll bring

Similar wording

him on in a moment um we're showing on the screen a floor plan that shows actual full maximum

Similar wording

occupancy with 200 seats it's those are pretty that's pretty rare it's usually between 100 and

Similar wording

150 seating for for for mr jacobs events he's uh got great reviews online i submitted with my

Similar wording

um my documents uh really stellar five star review he averages five stars which is not that easy

Similar wording

uh generally but um no cooking on premises but people do bring their own own food obviously mr

Similar wording

jacobs is a caterer it's just warming off the food there's no actual cooking on the premises

Similar wording

There are some alcohol involved events. Mr. Jacobs has experienced bartenders and experienced security that are involved with that when there is alcohol. And they are very experienced in dealing with that. Let me show you the site plan so you can see how plentiful the parking is.

Similar wording

So these parking spaces are all available for events. The other businesses usually close. Obviously, there's some afternoon events on the weekends, but it's mostly during the week, it's night events, and then these businesses will be closed. So there's full use of all this parking.

Similar wording

Not only that, Mr. Chairman, let me see if I can, on this overhead, you actually have a cross easement here and there's overflow parking that is available for this business, which also closes early.

Similar wording

business, which also closes early. As you stated, Mr. Chairman, the RCO was in full

Similar wording

unanimous non-opposition. They just want us to close it at one, which is fine, and no alcohol

Similar wording

as far as a liquor license, which Mr. Jacobs, that's not what he does. So really, those are

Similar wording

the main points. Here are some, oh, I wanted to show you there's dumpster for trash storage.

Similar wording

let me find that photo there's a good photo here you can see it right here in the corner it's kind

Similar wording

of out of view here i'll try to spin this around okay right there so you really can't see it from

Similar wording

the street but there's two dumpsters that are that are um that are picked up on at least every other

Similar wording

day sometimes daily and there's plenty of room for trash storage um let's see i guess that's

Similar wording

really the main points i can bring on jonathan of course answer any other questions so why don't you

Similar wording

bring on your client let's do that go ahead uh jonathan jacobs please raise your virtual hand

Similar wording

please jonathan jacob has been promoted to panelists uh mr jacobs you hear my um presentation

Similar wording

to the board today you might have to unmute john sir could you john could you please state your

Similar wording