civus
Hearing video

ZBA Hearing - June 1, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 1, 20225h 8m

I don't know how many Starbucks are in the country I should know that I guess but I don't

Similar wording

I could tell you though when they came out of the court case that held them accountable for a lot of

Similar wording

mistakes they were making. They made a commitment to open up stores exactly like this one,

Similar wording

going deep into the poorest neighborhoods in the country. This is one of the first ones. We got one

Similar wording

in Philadelphia. And the commitment that they made to the RCOs goes beyond hiring. Oh, by the way,

Similar wording

they're building the building from the ground up. Every single job on that construction job they

Similar wording

pledged to be Philadelphia building trades, number one. But more than that, there's a community

Similar wording

center built into the store that the RCOs and other community groups are going to have the

Similar wording

benefit of using. It goes beyond that. They're going to provide accommodations and food and

Similar wording

beverage to really bring together the neighborhood on a regular basis. But if you give me two more

Similar wording

minutes because every day

Similar wording

we're all burdened by these stories

Similar wording

about how bad things are in Philly

Similar wording

can you give me two more minutes

Similar wording

to tell you about something that's really good

Similar wording

that this project

Similar wording

is a part of in a bigger picture

Similar wording

a man named Ken Frazier

Similar wording

that might ring a bell

Similar wording

born and raised in North

Similar wording

Philadelphia walking distance

Similar wording

from this project

Similar wording

went on to become the CEO

Similar wording

of Merck

Similar wording

Hmm. He just retired last year, and he wrote a $5 million check, and he's dedicating a better part of the rest of his life to create the Fraser Family Coalition. Where? Across the street from this project.

Similar wording

I'm the chairman of his board. I'm all in. My family has made a huge financial commitment to his project and this project. And what's he doing? What is this a piece of in the bigger picture? Guess what?

Similar wording

taking on poverty, health equity, food deserts, housing issues, incarceration issues. He's got

Similar wording

a list like this. He hired McKenzie out of his pocket, top team out of McKenzie to put the plans

Similar wording

together for this. So this is not just another generic Starbucks. And that's where I failed you

Similar wording

because i'm italian i'm 100 italian guys and i'm great at telling stories and i failed you because

Similar wording

this is a story that you should be excited about you're going to run point on this story you're

Similar wording

the first point to make it happen and that's where i owe you an apology you didn't have the benefit

Similar wording

and that's where I owe you an apology.

Similar wording

You didn't have the benefit of knowing all that

Similar wording

for them knowing

Similar wording

the last time we came in front of you.

Similar wording

Mr. Nicoletti, that's fine.

Similar wording

We appreciate your conversation,

Similar wording

and we all agree that the former head of Merck

Similar wording

is doing just a fabulous job.

Similar wording

So is there anyone else in the virtual audience

Similar wording

that would like to say anything?

Similar wording

I see no hands, Chair.

Similar wording

Planning Commission.

Similar wording

Thank you, Mr. Chairman.

Similar wording

David Fecto, City Planning Commission. The comprehensive plan recommends no change to

Similar wording

the commercial mixed-use zoning at this location. The applicant has proven that the proposed

Similar wording

takeout restaurant and non-accessory parking lot will have no more of an impact than those

Similar wording

activities would be expected to have, and so the City Planning Commission recommends the board

Similar wording

grant the special exceptions. Thank you. MI 2022-002-995-2628, North Broad Street. I vote yes.

Similar wording

Carol Tenere, as an Italian, my vote is yes.

Similar wording

I had to, Mr. Chair.

Similar wording

I'm sorry.

Similar wording

That's okay.

Similar wording

Thomas Holloman, as an Afro-American, my vote is yes.

Similar wording

That was awesome.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Mr. Nicoletti, we thank you for the additional information that you shared with the board.

Similar wording

was very helpful and easy to digest definitely because we didn't have that before thank you

Similar wording

thank you everybody thank you okay um rachel are you doing uh 4700 stenton chairman brennan

Similar wording

Saverin will be handling that. Thank you. Okay. MI 2022-001-548-4700 Stanton Avenue.

Similar wording

Letter of non-opposition solo Germantown Civic Association.

Similar wording

And also the coordinating RCO was Wakefield 49ers who convened and participated in the meeting.

Similar wording

There are also four form letters of support from tenants at the property.

Similar wording

Good afternoon.

Similar wording

Could you state your name? I didn't swear you last time, did I?

Similar wording

No, you did not, Mr. Chair.

Similar wording

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

Similar wording

Sure. It's Brandon Saverin of Pritzker Law Group. That's B-R-A-N-D-O-N, S as in Sam, A, V as in Victor, R-A-N.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Could you identify your client in a relationship to the property, please?

Similar wording

Sure. So I represent 4700 Stenton Avenue, LLC. I believe they closed on this property in December

Similar wording

of 2021. So they are the landowner. Our vice chair has a few questions.

Similar wording

oh madam vice chair you're muted you're muted carol

Similar wording

and and again and again hi mr saverin do you agree to waive the reading of the refusal

Similar wording

and stipulate to its accuracy yes i do have you emailed the exhibit packet with proof of ownership

Similar wording

tax compliance a copy of the refusal or referral photos under plans of the property five days in

Similar wording

advance of this hearing and have you met with the RCO and do you have a letter? Yes to all of the

Similar wording

above. Okay great you may proceed and please share your screen. Thank you. Thank you.

Similar wording

So if you can see my screen members of the board this is a very sort of zoomed out

Similar wording

zoning map featuring the property. It's actually right where my hand is highlighted in blue which

Similar wording

you can barely see because the underlying zoning is ICMX. So it's sort of blue on purple there.

Similar wording

But anyway, that's where the property is, where my cursor is. We are in Germantown, a few blocks

Similar wording

north of Wayne Junction, which is down here, just to give you some context. The building I'm here to

Similar wording

speak about is shown here. This is a structure that was converted to residential use in 2013.

Similar wording

I'm going to go through the zoning history of the property in a moment, but it is now a multi-family

Similar wording

apartment building that features some on-site indoor parking that has a door here and here

Similar wording

for pedestrians and a vehicular access door here. Here's the refusal to, I'm going to read

Similar wording

through the refusal very quickly, and then I'll go back and sort of give you the backstory of

Similar wording

how this was generated. So we are here, as the refusal states, for you.

Similar wording

So we are here, as the refusal states, for use as multifamily household living, 26 dwelling units in an existing structure.

Similar wording

The zoning code requires 13 parking spaces for that many units.

Similar wording

We are proposing nine, and we are zoned ICMX.

Similar wording

So most types of residential use, whether single family, multifamily, are all prohibited, hence the refusal.

Similar wording

So, this is a zoning permit that was granted pursuant to a ZBA variance in 2013 that was obtained by a prior owner. As I believe I mentioned, my client, 4700 Stanton Avenue LLC, just purchased this property at the end of last year.

Similar wording

In 2013, the ZBA granted variances that enabled the use of this structure as multifamily, and it's a little, there it is, actually, you can see it right where my cursor is for 23 dwelling units across three floors.

Similar wording

This variance also permitted daycare use on the first floor and storage on the first floor.

Similar wording

so the property was already zoned ICMX at that time certainly one of the variances was to enable

Similar wording

residential use that permit was amended through the administrative review process the following

Similar wording

year in 2014 and that basically took the status of the permits closer to what's actually on the

Similar wording

property today. The daycare use was dropped from the scope. Instead, what you had was storage and

Similar wording

parking on that ground floor instead of storage and daycare. And as this administrative review

Similar wording

permit says, there are nine indoor accessory parking spaces. That's exactly how many there

Similar wording

are to this day. So that's already permitted and 23 dwelling units are already permitted.

Similar wording

But lo and behold, when my client was sort of going through the diligence process to purchase this building, discovered that there are 26 dwelling units in the building, not 23.

Similar wording

We don't have the full story of how there came to be 26 units, but there are not zoning permits that enable 26 units.

Similar wording

And for better or worse, all 26 of them are presently occupied and were occupied, I believe, upon the sale of the building.

Similar wording

So the choice here was to either pursue a zoning variance to enable those three extra units

Similar wording

or to evict three people, three families potentially, from their apartments.

Similar wording

So we chose to try to legalize this building, get those three extra units permitted.

Similar wording

Now, I want to thank the couple RCOs that sent letters in.

Similar wording

These are featured in our exhibit packet.

Similar wording

One of those letters is a letter of non-opposition from an affected RCO, Solo Germantown.

Similar wording

Here's their meeting summary.

Similar wording

Four of their board members voted in non-opposition.

Similar wording

They also wrote a letter detailing their thoughts on the matter.

Similar wording

Here is the meeting summary by a different RCO.

Similar wording

This is the coordinating RCO, the Wakefield 49ers Community Improvement Association.

Similar wording

and they actually in their letter sort of accounted for the other groups so this is a

Similar wording

little more complicated but they came out in support as you can see here they also wrote a

Similar wording

letter what these letters detail is that the prior owner of the building did not conduct

Similar wording

property maintenance here in a professional manner creating trash surrounding the building

Similar wording

folks parking on the sidewalk, which I think you saw in the Google Street View image I showed.

Similar wording

So we came into this meeting. My client uses a property manager that is physically based within

Similar wording

the neighborhood. That manager is going to take proper care of this building. And we discussed

Similar wording

that with the community extensively. I want to thank those that attended the meeting for sort

Similar wording

of coming with an open mind and hearing us out, given the poor performance of the prior owner.

Similar wording

And also want to thank them for getting these letters on very short notice as the meeting was

Similar wording

only a few days ago. So in any event, that's the summary of where we are. The building is the

Similar wording

building. It has 26 units. It has the nine parking spaces. We are trying to legalize it. We will get

Similar wording

a new co after we get a new zoning permit that reflects 26 units so this building is operating

Similar wording

fully above board going forward um i believe that um the client's representative um

Similar wording

I believe that the client's representative, Yehuda Angster, he also goes by Judah, should be on to adopt my testimony.

Similar wording

Okay.

Similar wording

Thank you very much for having me.

Similar wording

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

Similar wording

Yes, my name is Yehuda Angster, spelled Y-E-H-U-D-A, last name Angster, A-M-G-S-T-E-R.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed.

Similar wording

Hey, Judith, were you able to hear the full extent of my testimony today?

Similar wording

Yes, I was.

Similar wording

And was it true and accurate to the best of your knowledge?

Similar wording

Yes, it is.

Similar wording

And would you therefore adopt it as your own?

Similar wording

Yes, I would.

Similar wording

Okay, and are you authorized to represent 4700 Stanton Avenue, LLC?

Similar wording

Yes, I'm the managing member of the limited liability company that owns title and deed to the property.

Similar wording

Okay, thank you very much.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Chair, we have Charles Richardson.

Similar wording

Hi, Mr. Richardson. You've already been sworn.

Similar wording

Yes, sir. Good afternoon again, Mr. Chair.

Similar wording

Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

Similar wording

Councilwoman has no objection to granting the variance for this legalization.

Similar wording

Thank you very much.

Similar wording

Anyone else in the virtual audience?

Similar wording

Chair, we have Rosalind McKelvey.

Similar wording

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

Similar wording

R-O-S-A-L-I-N-D.

Similar wording

Last name McKelvey

Similar wording

M is in Mary

Similar wording

C-K-E-L-V is in Victor E-Y

Similar wording

Right

Similar wording

Do you swear or affirm to tell the truth

Similar wording

The whole truth and nothing but the truth?

Similar wording

Yes, sir

Similar wording

Proceed

Similar wording

We had a very good meeting with Brandon

Similar wording

And in our neighborhood

Similar wording

There's been so many changes

Similar wording

I am actually the one that hosted the meeting in 2013

Similar wording

and the previous owner did not follow through with what they said and after the presentation

Similar wording

we were in a little fog what the variance was for after the explanation we found out that there's 26

Similar wording

families and if we did not approve that three families would have to go the neighbors did

Similar wording

complain about the trash that's around outside. And due to COVID and the aging residents,

Similar wording

they found it hard to keep up with passersby's and some tenants and some people that aren't.

Similar wording

The parking isn't all officially theirs. And we came to an agreement that they would try to

Similar wording

do diligence and recompense to the neighborhood. They said they will help clean up lots

Similar wording

that are surrounding not just their own property,

Similar wording

which was commendable,

Similar wording

and also put back the sidewalk

Similar wording

that I don't know why the previous owner blacktopped

Similar wording

the entire sidewalk where handicapped people

Similar wording

and people with strollers

Similar wording

could not even go down the sidewalk.

Similar wording

So we thank them.

Similar wording

Well, thank you very much.

Similar wording

Thank you for calling in, ma'am.

Similar wording

We appreciate your information.

Similar wording

Chair, we have a calling user.

Similar wording

Phone number ending in 5555.

Similar wording

Please unmute yourself.

Similar wording