civus
Hearing video

ZBA Hearing - December 7, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 7, 20225h 23m

It's my understanding the restaurant before was Soul Food.

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Like I said, they had tables and chairs in there.

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My client purchased this property recently as a restaurant and did not contribute to the hardship in any way.

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I am going to show you the proof of ownership, which is in the packet at the end, which is the deed for the property.

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Which is here and has both of my clients' names on there.

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If you're familiar with the area on the corner of Snyder and Fifth, it's an area with a lot of commercial uses.

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There are bars and restaurants in the area. There are churches, senior housing across the street.

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So allowing this to be a sit-down restaurant would fit in with the neighborhood and wouldn't change the nature of the neighborhood at all.

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we did send out notices to the community we sent out notices to 159 of the neighbors

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and we did meet with the local rco one neighbor showed up which was the uh the direct neighbor

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and she was also very excited. She said her co-workers went to the restaurant that was

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there before and they've been looking forward to something opening up there so that the workers

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have somewhere to eat during lunch. We provided notice we did receive this letter here from the

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local RCO. And I want to show really quickly photos of the, we have the refusal and I want

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to show a couple of photos of the property really quickly so that you can see that the

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notice was posted. We have receipts and a certificate of mailing, the letter that went

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out to the neighborhood. The refusal. We do have a site plan of the property attached as well.

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Here's the posting. It was posted on two sides because it's a corner property. So it was posted

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on the Snyder Avenue, which is the busy street. And it was also posted on the corner of the

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5th street. And I just want to show you one more photo of the building as it was when it was

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purchased, how it's been set up and used. It's just a small, like I said, less than 30 seats

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in the restaurant. Why don't you have your testimony adopted by one of your clients?

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Thank you. If one of the owners could raise their hand.

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Excuse me. Owner, you're free to speak.

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Hi, my name is Tom. Can you spell spell your name for the court reporter, please?

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Yes, sir. Tong is T as in Tom, U-N-G. Last name is Phan, P as in Paul, H-A-N.

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

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Yes, sir.

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Okay. Proceed, counsel.

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Thank you. Did you hear the testimony that I gave today?

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Yes, I did.

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And do you agree that it was true and correct to the best of your knowledge?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have Tam.

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Okay.

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Hi.

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Could you state your name and spell for the court reporter, please?

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Tam, please unmute yourself.

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You're free to speak.

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Hi.

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Could you state your name and spell for the court reporter, please?

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Yes, my name is Tam T-A-M.

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Okay.

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

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Yes.

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Proceed.

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Tam, did you hear the testimony that I provided today?

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Yes.

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And do you also believe that it's true and correct to the best of your knowledge and adopt it as your own?

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Yes.

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Thank you.

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Okay.

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Anyone else in the virtual audience?

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I see no hands, Chair.

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Aye, Planning Commission.

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Ron Bednar, City Planning.

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The property is indicated for neighborhood commercial mixed use on the city plan.

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Given the site's documented use history, we recommend the request for variance be granted.

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MI 2022-003-809-2039 South 5th Street.

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I vote yes.

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Cheryl Tenere, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Five days in advance of this hearing. And have you met with the RCO? And do you have a letter?

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Yes, to all of those.

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You may proceed and begin to share with your screen.

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Okay.

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Good afternoon. So this is, we believe that this home that we're here for, 1520 North Lawrence Street,

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was built sometime in the late 1800s, and it was a single-family home originally,

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and it was converted into a duplex sometime around the mid-1900s, maybe 1950s, 1960s.

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Our client, Mr. Cohen, purchased the property 20 years ago when it had already been a duplex

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for many decades. Mr. Cohen has applied for a zoning permit because he wants to legalize this

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duplex he wasn't responding to a code violation or any or any complaints that were happening

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because there have really been no complaints against this property or the tenants who live

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there at the original rco meeting uh that was done there were no near neighbors who um appeared

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to it was a virtual meeting and um there were however other neighbors from farther away who

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were there for a different property that was being considered. And they voted on this property and

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they voted to oppose it. The RCO leadership, though, felt that it wasn't a proper vote because

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there was no one from the near neighborhood there. So they actually waited. And then at the

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next month, it happened that there was a property just a few doors down from this location that was

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featured at the RCO meeting. And many neighbors from that street, from Lawrence Street and the

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surrounding area came to that meeting. And they voted to support that other project, which was

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for a triplex and for an addition onto an existing structure. And at the end of that conversation,

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the RCO leader said to them, well, we have this case that happened last month and nobody really

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from the neighborhood was there. Here's the deal. She, she gave them the whole, um, background and

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they voted and they voted to support it. So, uh, we have the RCO letter of support, uh,

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and that is here, um, in, in which, um, the letter basically, uh, talks about, uh, the September

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meeting and the residents who weren't really from close by. And then in the October meeting,

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this was a meeting around 1533 North Lawrence. So as a result, the RCO has voted to support

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this. There was no one in opposition at that second meeting. We also have a preliminary review

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from the Planning Commission that describes the appeal,

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describes the unnecessary hardship.

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So in this case, the unnecessary hardship is that the property

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being configured for a duplex for so many years,

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for Mr. Cohen to have to convert it back into a conforming

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single-family project structure would actually be a significantly

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financial burden. And the courts have ruled many times that if the only way to meet the

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requirements of the zoning code would be to either demolish or have extensive renovation with

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extensive costs, that actually is one of the definitions of unnecessary hardship.

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And that's what the Planning Commission also discusses in their review.

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In Exhibit 4 is our plans. So let's take a look at those.

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So we have, remember, this is existing conditions. This is the first floor plan. We have one apartment on the first floor. It's a one-bedroom apartment.

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On the second floor, the second apartment is a split between the second and the third floor.

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So on the second floor, you have the living room, a kitchen, and the bathroom.

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And then it goes up into a smaller section of the third floor, which is where the other one bedroom is.

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And then we have a number of photos.

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So this is the second floor bathroom,

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the second floor kitchen,

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Another view of the second floor kitchen, and that's where the washer dryer is on the

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second floor apartment.

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This is the living room area for the second floor.

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This is another view of that living room area.

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Here you have the stairs that go up to that third floor where the bedroom is.

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We have the first floor kitchen.

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And here's that third floor bedroom.

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Another view of the third floor bedroom with their, the door here is the stairs going downstairs.

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Another view of the third floor bedroom.

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And here's the first floor bedroom.

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First floor living room.

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With a lot of guitars.

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here's the zoning posters um we posted the the zoning notice and the refusal

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right on the front door of 1520

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we have a tax clearance

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this is the deed

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Our application for appeal discusses the hardship and quotes from three cases that stand for that proposition that when the premises cannot be converted into a permitted use without demolition and extensive rent reconstruction, that unnecessary hardship exists.

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Here's the project information form.

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and the zoning notice, RCO notice that was mailed. We have our proof of mailing to 140

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addresses, and these are all the addresses that it was mailed to.

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At this point, I'd like to call Joshua Cohen to raise his hand so that he can be sworn in.

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Mr. Cohen, please unmute yourself. You're free to speak.

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Hi, Mr. Cohen, could you state your name, spell for the court reporter, please?

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Ottawa Cohen, J-O-S-H-U-A-C-O-H-E-N.

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

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Yes, I do.

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Proceed, counsel.

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Hi, Josh. You've heard my testimony this afternoon.

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Do you agree with it?

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And do you adopt it as your own?

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Yes, yes, and yes.

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Okay.

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I have no further questions.

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Questions from the board.

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No, Mr. Chair.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no handshare.

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Planning commission.

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I'll run Bednar City Planning.

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Property is indicated for residential and a city plan.

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Given the documented use history of the site and its existing physical condition,

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