civus
Hearing video

ZBA Hearing - July 16, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 16, 20255h 36m

sewing and culinary classes they will have regular community meetings in the facility

Similar wording

and they also do a holiday food distribution program around the christmas holidays

Similar wording

the hours and days will be monday to friday typically the programs will be three to

Similar wording

8 p.m. Monday to Friday, and then Saturday late morning, say 11 o'clock to 1 or 2 o'clock.

Similar wording

So that's the gist of what I have. I'm going to ask Ms. Tate to be admitted as a participant.

Similar wording

Mr. Kerr, just for a note, there are three what we believe

Similar wording

provisos. Interior trash storage and trash stored must be stored in the rear yard for both units.

Similar wording

no household living in the basement

Similar wording

and a certificate of occupancy to be

Similar wording

obtained. Is your client okay

Similar wording

with that? I'll have

Similar wording

if we can just ask her, Ms. Tate, are you

Similar wording

on?

Similar wording

Odessa Tate?

Similar wording

Odessa Tate

Similar wording

Ms. Tate should be coming.

Similar wording

Ms. Tate should be coming back into the Panama Trolley Council

Similar wording

Okay

Similar wording

Yeah, I don't think there's a problem with those provisos

Similar wording

but I just want to clarify with Ms. Tate

Similar wording

Let me swear in first, okay?

Similar wording

Okay

Similar wording

I'm here, how is everyone?

Similar wording

Hi, I'm fine, Ms. Tate, could you

Similar wording

state your name and spell for the stenographer?

Similar wording

Sure, it's Odessa Tate

Similar wording

first name

Similar wording

m-o-d-e-s-s-a last name t-a-t-e could you turn on your video please

Similar wording

thank you very much do you swear or affirm to tell the truth the whole truth of nothing but

Similar wording

the truth yes please proceed counsel yeah miss tate have you been uh on the on the zoom this

Similar wording

afternoon for the entirety of this uh this hearing yes i have been and you've heard all

Similar wording

my statements to the board yes and do you adopt them as accurate and your own and as your own

Similar wording

testimony yes but there's one thing that i want to clarify for the upstairs floor everything is

Similar wording

already existing but in the back space is no intention to create another bedroom it's just

Similar wording

all still living room space that's it okay the basement will not be a bedroom correct the

Similar wording

basement will not be a bedroom okay uh did you hear the provisos that the chairman just read

Similar wording

yes i did and you're okay with those with the with the exception that the basement will have a

Similar wording

a living room but not not any any let me let me figure this out so the first floor

Similar wording

is a community center right owned by the corporation we'll say correct the second

Similar wording

floor is an apartment yes and then you're saying you want to put a living room in the basement for

Similar wording

for for the apartment or for the business no there's no living room space that's going in

Similar wording

the basement the basement is just going to solely be for storage more so for ram equipment no living

Similar wording

room. Okay. So the proviso is no

Similar wording

household living in the basement? No.

Similar wording

Right? That's the proviso. Right.

Similar wording

Okay. So it will just be storage in the basement. I'm trying to get back

Similar wording

to that basement screen.

Similar wording

Yeah. That's the basement space,

Similar wording

correct, Ms. Tate? Yes. And there's no

Similar wording

dementias or anything listed because the stairs are broken in the basement so naturally if you're

Similar wording

not going down there to do work you don't want to go down there and do an assessment just to look

Similar wording

okay so that proviso is uh acceptable mr chair okay um questions from the board yes can you walk

Similar wording

us through the apartment layout i think the the survey plan doesn't really delineate what's

Similar wording

happening where or where there's bedrooms. Okay, let me get back there without jumping around too

Similar wording

much. That's the first floor. Okay, here's the second floor. So, Ms. Tate, what will this

Similar wording

room be? So, that room is the bedroom. That's 179 square feet. And when you leave out of the

Similar wording

bedroom and you make a sharp left that is the bathroom space and when you link in there yes

Similar wording

it's a sink it's a toilet and the bathtub is right in that rectangular section yes

Similar wording

right in there okay yes so when you leave out of the bathroom those are the stairs leading down

Similar wording

and then it's another sharp left and there is the kitchen when you leave out of the kitchen

Similar wording

this is the hallway area and as you move further back this is just extra living room space here in

Similar wording

this area and the area that says space inaccessible that's additional living room area and there are

Similar wording

windows there and then closets in the back and that is the first floor apartment the second

Similar wording

i'm sorry second floor apartment okay so this entire area will be available for use as as

Similar wording

occupied space then correct yes even even the area that says space inaccessible yes it was a ton of

Similar wording

boxes there and it was just stuff out of the ceiling so they didn't walk back there okay that's

Similar wording

an architect's note then okay okay so it's a one bedroom one bath correct okay and then where is

Similar wording

this tenant going to store their trash and how do they get to this unit separate from the what's

Similar wording

And how do they get to this unit separate from what's going to now be the community center office use on the first floor?

Similar wording

going to now be the

Similar wording

Okay, so if you don't mind, if you go to the first floor plan, and then with the trash, they'll be storing their trash out in the yard.

Similar wording

So the yard space is about 100 square feet or a little larger, but they'll have access to the yard too to be able to store their trash.

Similar wording

so as we look at the first floor this first part the opening on 26th Street

Similar wording

this is the actual office area that's the separate entrance so here is where

Similar wording

folks this is another way to get to the back rooms where we'll be meeting or

Similar wording

doing different programming it's a hallway that gets you through to the

Similar wording

other side and then also coming in the apartment entrance it has its own

Similar wording

separate entrance going up in the middle of Gordon Street, there is a door there as soon as

Similar wording

you come in that leads into the other space, but that's going to be closed off. And that person

Similar wording

will have the opportunity, their space would be, you know, going up these stairs, that's their

Similar wording

one entrance. And then also we're going to make sure that there is a fire ladder outside the

Similar wording

second floor window. That way, that will be another way for them to get out as well.

Similar wording

Okay. So when they use their key, where's going to be their secured door? Because even right here with your entryway, are you closing that entrance into the 184 square foot room off? Are you sealing that doorway?

Similar wording

I don't think that it'll be completely still, but it'll be where they still have their privacy.

Similar wording

No one will be going through this entrance unless it's the person that lives in the apartment upstairs.

Similar wording

So folks won't be able to just go in on this side and use this entrance to get into the program area.

Similar wording

And then also they'll be able to enter off of Gordon Street side as well, going around the back to have like a second entryway into the first floor.

Similar wording

but go back so so you're gonna have to walk through the first floor somewhere right

Similar wording

yes space to get upstairs to get upstairs well to get upstairs in the middle in the middle area

Similar wording

of gorton street that is the direct interest to go into upstairs so i recommend mr kirk could you

Similar wording

move the presentation up to the pictures where they could see the side of the building the gorton

Similar wording

street view because you'll be able to see the door but go back to what what ty has said to you

Similar wording

the the 84 184 square feet that's not going to be closed off right the 184 are we talking about in

Similar wording

the back of the second right right here will there will there be a door right in this area

Similar wording

well yeah it's it's a it's a door there to get into the other side but people that are coming

Similar wording

for programming won't be going through this entrance because it's more

Similar wording

like a private entrance. You know, this entrance is private to go

Similar wording

upstairs. So let me ask you a question.

Similar wording

So this entrance here on the corner, this will be the entrance

Similar wording

for the community center, correct? Yes, that's the entrance

Similar wording

for the office to go in. And folks will come in here and then

Similar wording

come back through this hallway area, correct? Yes, that is a hallway

Similar wording

through right yes and then the residential area for the residents you'll enter here off of gordon

Similar wording

street this will be a door that's that's closed theoretically um and then the resident will the

Similar wording

resident will just go up to the second floor and have access to the apartment correct correct

Similar wording

which i understand but that's not a legally separated unit unless there's another

Similar wording

entry door at the top of the stairwell so that was not okay let's go okay let's go to clarify

Similar wording

i got you i see what you're playing this is what happens when you're trying to do it i think you

Similar wording

got i think you got to be clear that if you're defining the entrance to the upstairs that there's

Similar wording

not a door into the downstairs from that entryway. You need to close that off, right? And if you

Similar wording

need to provide a second means of egress out of your first floor, you need to provide it somewhere

Similar wording

else. Either that or you got to put a door at the top of the stair, which I know you don't want to

Similar wording

do because it messes up your old layout. Right. Everybody's trying to tell you, right? You're

Similar wording

coming into the side and you got a door that's going upstairs, but then you got this opening

Similar wording

on the left which does not comply to any code right because you can't exit in from people going

Similar wording

in there and be able to go upstairs so if you stop it right there stop stop stop stop stop stop

Similar wording

slide down or you can keep that this needs to be a sealed off wall

Similar wording

Slide down. Or you can keep that. This needs to be a sealed off wall. Period. That's it. That's it. It's sealed off. First floor is a one unit. Second floor is completely separate. The door there doesn't work. So just understand that. So that's the problem that everybody is kind of hearing. Coming into this unit on the first floor, you're accessing everything this way. That's it. And that's all. Right?

Similar wording

you got to provide second egress out of that first fourth you do it someplace else that's all

Similar wording

everybody is really kind of telling you right that's it thank you okay yeah that that and that

Similar wording

makes sense i understand that any other questions i believe actually that would be a requirement of

Similar wording

the building permit process anyway so i get you it's going to be a ceo requested so is it right

Similar wording

anyone anyone else with a question hillary our attorney questions or comments from the

Similar wording

virtual audience i don't have any questions mr chair okay mr chair there are no hands raised

Similar wording

for this matter planning commission strawberry mansions oh all right mr chair i'm sorry strawberry

Similar wording

mansion uh community concerns have been allowed to speak i'm sorry okay good afternoon um you've

Similar wording

already been sworn once today just please yeah bonita cummings okay miss cummings proceed i just

Similar wording

wanted to um for the record state that story mansion community concern was the coordinating

Similar wording

rco for a community the public meeting which was um attended by a community resident supporting

Similar wording

this project. We did a site visit, and it was our understanding initially that that area would

Similar wording

be closed off. I don't know whether maybe there was a little confusion about it, but the first

Similar wording

floor is a walkthrough where you come in one way, and then you can get to the back area,

Similar wording

and then there was the understanding of the ladders that would accompany anything

Similar wording

happening on the second floor so we you know we looked at it from the standpoint of a visual

Similar wording

and at the second floor bedroom is bigger than many of the zoning developments that we see come

Similar wording

before this board um okay so um the only thing i wanted to uh also um the the city code the

Similar wording

philadelphia zoning code section 14904 with all of those windows there you know the required we

Similar wording

We just wanted to, as part of the proviso, understand why that 20% would not be or can't be a part of the proviso just so windows are not, you know, like there's not excessive marketing or advertising.

Similar wording

We have problems with that in terms of some of the commercial corridors, so we'd like to start to try to keep those windows in compliance with the code.

Similar wording

Thank you very much for your call. We appreciate you getting back to us.

Similar wording

Planning Commission.

Similar wording

Nina Solomonic with the Planning Commission.

Similar wording

The comprehensive plan recommends no change to the existing zoning of RSA 5 single family.

Similar wording

The proposal for one family above non-residential matches the apparent configuration of the property.

Similar wording

Therefore, the Planning Commission recommends the board grant the requested variance for multiple principal uses and community center.

Similar wording

MI-2025-000-689-2325 North 26th Street. I vote yes with proviso. Interior trash storage and trash

Similar wording

stored must be stored in rear yard for both units. No household living in the basement and a

Similar wording

certificate of occupancy to be obtained. Michael Johns, my vote is yes with proviso.

Similar wording

Cheryl Gaston, my vote is yes with proviso. Tanetta Graham, my vote is yes with proviso.

Similar wording

Ryan McAdams, my vote is yes with provisos.

Similar wording

I am Wynn.

Similar wording

My vote is yes with provisos.

Similar wording

Thank you, counsel.

Similar wording

Okay, thank you.

Similar wording

Good seeing everyone again.

Similar wording

Take care.

Similar wording

Number three, MI 2025, 000690, 5942 Tallahill Street.

Similar wording

Devin Upta is the attorney.

Similar wording

There's a recommendation of support.

Similar wording

No explanation of HMC squared RCO.

Similar wording

The vote was nine in support, one in opposition, five abstain.

Similar wording

this is a legal request for legalization

Similar wording

good afternoon mr chair uh devin just for the record state your name you've always been sworn

Similar wording

no devin ukda uqdah could you identify your client the relationship to the property

Similar wording

yes um sorry one second um my client is michael

Similar wording

Yes. Sorry, one second. My client is Michael Clark, but the property is owned by an LLC. He's a sole member of the LLC.

Similar wording

Thank you. Do you do you waive the reading of the refusal and do you agree with its accuracy?

Similar wording

Yes, Mr. Chair. Why don't you start your presentation?

Similar wording

Sure. Can I share my screen?

Similar wording

Please.

Similar wording

let me know are you able to see my screen i we see it sir okay all right so um this property

Similar wording

is 5942 kylo hill street um this is a legalization of a duplex um a client um found out that the

Similar wording

property the property was always used as duplex but he found out that it was not zoned correctly

Similar wording

so he's seeking to legalize the duplex um so we'll go through the letter of refusal

Similar wording

there's a letter of refusal the proposed use to family household living is expressly prohibited

Similar wording

rsa we have that we have that devon all right um we have the deed we have everything we have all

Similar wording

your exhibits okay um so just just pictures of the areas rsa5 yep um here's pictures of the

Similar wording

outside of the property, they met with the RCO,

Similar wording

they got the support.

Similar wording

Again, this is just details about the property.

Similar wording

This here is a ground floor versus the second floor.

Similar wording

I'll zoom in.

Similar wording

Try to zoom in, sorry.

Similar wording

So this is the ground floor, it's one unit,

Similar wording

ground floor is one unit, second floor is another unit.

Similar wording

It's two bedrooms, one bath on the ground floor.

Similar wording

and also two bedrooms one back on the second floor um there's the first floor pictures of

Similar wording

the inside of the property i'll zoom out a little bit so you can see it better

Similar wording

uh pictures of the inside of the property uh this is the second floor again pictures of the

Similar wording

inside of the property really well maintained and well kept um it's currently um it was purchased

Similar wording

So basically, when it was purchased, it was marketed to him as a duplex.

Similar wording

He found out that the zoning was not accurate.

Similar wording

So although it was maintained as a duplex, we're seeking to legalize the fact that it is used as a duplex.

Similar wording

Legalized current use is not new construction.

Similar wording

Again, when it was acquired, he was told that it was a duplex.

Similar wording

But upon looking into the zoning, he found out it wasn't.

Similar wording

Again, it was used as duplex, so it had minimal impact to the community.

Similar wording

um notice to the neighbors that was sent out on a meeting was held um proof of mail proof of mailing

Similar wording

to the neighbors it's just all this is just proof of mailings all the the affected neighbors

Similar wording

it's going to go down to the

Similar wording