civus
Hearing video

ZBA Hearing - July 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 19, 20234h 41m

why don't we have the the real estate manager to come on again at dr testing absolutely let's do

Similar wording

that. Leslie, would you please raise your hand? Hi, Leslie. Hi. You've already been sworn. Just

Similar wording

for the record, state your name. Leslie Hollins. Right. Proceed, counsel. Leslie, did you hear

Similar wording

what I said regarding 13 Homes Opportunity LLC today? I did, yes. And would you agree with

Similar wording

everything that I said about this project? Yes. And would you adopt the testimony that I gave

Similar wording

today as your own? I do, yes. Thank you, Leslie. Questions from the board? No, Chair. No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

yes chairs we have charles richardson they've been allowed to speak hi mr richardson just

Similar wording

state your name for the record you've already been sworn charles richardson of councilwoman

Similar wording

cindy bass from 508 city hall councilman no objection to granting the variance thank you

Similar wording

for calling in uh planning commission thank you chair bergman sarah bond philadelphia city planning

Similar wording

commission the comprehensive plan recommends no change the existing residential single-family

Similar wording

zoning however the proposed use is consistent with documented prior use of this property

Similar wording

the city planning commission recommends that the board that the zoning board grant the variance

Similar wording

MI 2023-000-550-1321-Wingahokken Street, I vote yes.

Similar wording

Thomas Holloman, I vote yes.

Similar wording

Ishmael Shaheem, I vote yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you very much.

Similar wording

Okay.

Similar wording

Number four, MI-2022-006-900-9100-Frankford Avenue.

Similar wording

Clementa Amazon is the attorney for this.

Similar wording

Clementa has been promoted to panelists.

Similar wording

There's recommendation of support from the Upper Holmesburg Civic Association.

Similar wording

good afternoon could you state your name please and spell for the court stenographer

Similar wording

of course my name is clemente amazon spelled c-l-e-m-e-n-t-a last name is a-m-a-z-a-n

Similar wording

do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes i do could you identify your client the relationship to this property

Similar wording

Of course. My client is the member of the owner of the property, and it should be Deepak. I believe he's on here now.

Similar wording

What's the name of the person?

Similar wording

Deepak, D-E-E-P-A-K.

Similar wording

And our vice chair has just a few questions.

Similar wording

Of course.

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

Good morning, counsel.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal?

Similar wording

Do you agree to waive the reading of the refusal or stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

Have you emailed in all the required documents and exhibits that are needed

Similar wording

and required to proceed with this case five days in advance of this hearing?

Similar wording

Yes, I have.

Similar wording

Thank you.

Similar wording

Please proceed and share the screen.

Similar wording

Thank you.

Similar wording

I'll just go into full screen here.

Similar wording

And can everyone see my screen?

Similar wording

We can.

Similar wording

All right, perfect.

Similar wording

So again, my name is Clemente Amazon, and I will be presenting 9100 Frankfort Avenue.

Similar wording

Within my presentation, I will go through the amended zoning refusal.

Similar wording

I also have a copy of the original refusal, our application for appeal, photos of the property,

Similar wording

the survey, the proposed site plan, as well as the landscaping plan, elevations. We did meet with the

Similar wording

community on May 22nd, and we do have a letter of support, an email indicating support. We did not

Similar wording

receive the formal letter. We did include that within our presentation materials that we submitted

Similar wording

on Friday, as well as the tax clearance and the deed showing that my client does, in fact, own the

Similar wording

property. So with that, we have the first refusal, our original refusal will come later. So

Similar wording

So for this particular property, it is an existing gas station.

Similar wording

What we are looking to do here is to add two pumps as well as a car wash.

Similar wording

Unfortunately, my client is competing with the Wawa across the street, and it is deeply impacting his business.

Similar wording

He's a small business owner.

Similar wording

So in an effort to gain more traction and to get a little bit more business, he's looking to add the car wash onto the property.

Similar wording

I do stipulate to the accuracy of the refusal.

Similar wording

However, I will say that the refusals that we received tend to view the property as a parking lot, which it is not.

Similar wording

It is a gas station, and we're looking to also add on a car wash.

Similar wording

As such, we do have several landscaping refusals that are included here, as well as stacking lanes and a rear yard.

Similar wording

So as you will see in my presentation, we do have landscaping within the property.

Similar wording

there is also significant greenery that is creating a buffer in between the residential

Similar wording

zoning. We're attached to an RSA 2 district. The property is zoned CMX 2. So we are not negatively

Similar wording

impacting that residential district in any way. As a matter of fact, it's also a commercial property

Similar wording

that you will see in my presentation as well. So we do also have screening. So that addresses the

Similar wording

first two refusals as you'll see in the presentation for the greenery and excuse me

Similar wording

interior landscaping was not feasible just because this is a gas station as well as a car wash so

Similar wording

it wouldn't be feasible or safe really to provide interior landscaping so exhibit two is our

Similar wording

original refusal we did revise or we did reach out and realize that some of the refusals were

Similar wording

not properly included within our initial refusal. Our application for appeal.

Similar wording

And here's a view of the pumps. We are currently renovating to allow for multiple pump distribution,

Similar wording

meaning we are going into the sub tanks to see if we can have one pump, as you can see here,

Similar wording

to allow for multiple types of gas to be pumped at any time.

Similar wording

and we did post the property showing that the zba hearing would be today at 9 30

Similar wording

with the information of the property owner oneness enterprises llc deepak verna is a member of said

Similar wording

llc and there is a mini mark that's located on the property we don't have any intention

Similar wording

to change that use in any way all we're looking to do here is to add the car wash

Similar wording

additional photos of the property a zoning map as i mentioned we are zoned cmx2 and we

Similar wording

abut a residential zoning however along four corner property as well along frankfurt and

Similar wording

academy road and this is the residential district that we have this refusal for and this is our

Similar wording

property right here as you can see there is quite a bit of landscaping as is we do have trees that

Similar wording

are in between the two lots and this property is currently being used as an event space and they

Similar wording

have a parking lot that is pretty much abutting the car property so we're not negatively impacting

Similar wording

the property that's adjacent to us or to the rear excuse me so we don't believe that the refusals

Similar wording

that we have really reflect the character of the neighborhood as it is currently

Similar wording

and here's just a zoomed in view showing the event space which is tucked into the rear of

Similar wording

the property here at the parking lot and there is a lawn in between and you saw the greenery in

Similar wording

between the two lots as well additional views of the property along frankfurt avenue and

Similar wording

additional views of the property along frankfurt avenue and this is the wawa across the street

Similar wording

again we are looking to compete because they tend to have a bit more foot traffic everybody

Similar wording

does love wawa but we're hoping that we can get a little bit more attention with the addition of

Similar wording

the car wash and here we have the plans i will go through those in a bit more detail in the following

Similar wording

slide so here we have the plans there are curb cuts that currently exist on the property along

Similar wording

frankfurt avenue so we would have our attendees attend excuse me enter through frankfurt avenue

Similar wording

along this curb cut and they can then wrap around and there is parking that's available for

Similar wording

individuals that will be going into the mini mart there's also the parking parking that is available

Similar wording

we will have two employees one employee for the mini mart as well as an employee to direct the

Similar wording

flow of traffic as needed and signage to allow everyone to know which way they can enter as well

Similar wording

as exit there is ingress and egress along academy road as well and these are the two gasoline pumps

Similar wording

that we are looking to add and here we have a view of the landscaping we do have trees that will be

Similar wording

and they are in compliance with the requirements for a parking lot although again this is a gas

Similar wording

station we do have landscaping along frankfurt avenue as well as academy road but we don't have

Similar wording

any interior landscaping as it is a gas station so it would not be appropriate or safe for the

Similar wording

particular use that we are proposing and this is just another map showing the landscaping that we

Similar wording

are looking to include along frankfurt avenue and here are the elevations just showing the way that

Similar wording

the cars would be able to enter into the car wash this is going to be a quick wash we don't

Similar wording

anticipate that cars will take more than a couple minutes to go through the wash at a time

Similar wording

and when there is oil that or excuse me gasoline that needs to be delivered they would enter along

Similar wording

frankfurt avenue and wrap around to access the sub pumps

Similar wording

and this is a notice that we sent to the community on april 6 regarding the community meeting that

Similar wording

is scheduled for april 20th a copy of the refusals that we provided at the time that we sent notice

Similar wording

that we had not yet obtained the amended refusal however we did include it during our presentation

Similar wording

to the board as well as the community, a list of the properties that were notified of the community

Similar wording

meeting, our certificate of mailing. And as I mentioned, we did not receive a formal letter.

Similar wording

However, Dan, who is the head of the Upper Homesburg Civic Association, did send us an email

Similar wording

indicating that there was unanimous support from the RCO board and 19 votes in favor from meeting

Similar wording

attendees and only four in opposition. So we did receive overwhelming support for this particular

Similar wording

project. And our tax clearance certificate showing that no fines are due or real estate taxes

Similar wording

are due along the property, as well as indeed showing that my client does in fact own the

Similar wording

property. So with that, I'd be happy to answer any questions that the board may have.

Similar wording

You want to bring your client on, please, and adopt your testimony?

Similar wording

Of course. Deepak, if you're on, if you could just raise your hand so that you may adopt my

Similar wording

testimony. Chair, Deepak Verma has been unmuted. Sir, could you state your name and spell it for

Similar wording

the court stenographer? My name is Deepak Verma, last name V-E-R-M-A. Do you swear or affirm to

Similar wording

tell the truth, the whole truth, and nothing but the truth? I do. Proceed, counsel. Deepak, did you

Similar wording

hear my presentation today yes and was it true and correct yes and would you adopt it as your

Similar wording

own testimony yes thank you questions from the board no mr chair no chair questions or comments

Similar wording

from the virtual audience here i see no hands planning commission

Similar wording

thank you chair bergman sarah bond philadelphia city planning commission in 2018 the zoning map

Similar wording

was amended to commercial mixed use at this location in accord with recommendations from

Similar wording

the comprehensive plan the appellant has not supported their hardship claim with evidence

Similar wording

of unique physical circumstances or conditions of the property the planning commission recommends

Similar wording

that the zoning board deny the variance thank you council you want to respond i would just say

Similar wording

that we cannot provide interior landscaping the refusals that we received were as a result of the

Similar wording

property being viewed as a parking lot we do have significant landscaping in between our property

Similar wording

and the commercial property to the rear it is not a residentially used property so a lot of the

Similar wording

reviews that we have don't reflect the current character of the neighborhood nor the use that

Similar wording

we're proposing which is a gas station as well as a car wash not a parking lot um am i

Similar wording

as well as a car wash, not a parking lot.

Similar wording

MI 2022-006-900-9100-FRANKFORD-AVENUE, I vote yes with proviso.

Similar wording

Her amended refusal dated 4-10-23.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Number six, MI-2022-006-541-2400, Carl Street.

Similar wording

Leo Movahill is the attorney.

Similar wording

Letter of non-opposition from Council Member Lozada.

Similar wording

Letter of support from the East Kensington Neighborhood Association.

Similar wording

Chair, the person with the last name, Movahill, has been promoted to panelists.

Similar wording

Thank you.

Similar wording

Good morning, sir. Could you state your name, please, and spell for the court stenographer?

Similar wording

Certainly. It is Leo, L-E-O, last name Mulvihill, M as in Michael, U-L-V as in Victor, I-H-I-L-L.

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

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

Similar wording

Yes, my client is H-K-T, as in Tom, Enterprise, L-L-C.

Similar wording

They are the owner of the property, and I have Chantel, who is one of the members of the LLC, on the line with us today.

Similar wording

And our vice chair has just a few questions.

Similar wording

Yes.

Similar wording

Good morning, counsel. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

Similar wording

Yes.

Similar wording

Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

Similar wording

Yes.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

so my screen should currently be sharing members of the board so this is property at 2400 coral

Similar wording

street it's at the intersection of coral and east york in the east kensington neighborhood of

Similar wording

philadelphia it's a three-story structure on the ground story was a cafe uh the second story is

Similar wording

the story that we're going to be talking about today and the third story is a long-term rental

Similar wording

now my client at this property had been using this as a short-term rental legislation changed

Similar wording

now we're seeking to legalize a short-term rental it's a two-bedroom unit it runs just

Similar wording

under market rates in the area my clients really dedicated to providing a safe space for people who

Similar wording

wish to come travel to philadelphia i have a nice place to stay in the middle of a really wonderful

Similar wording

neighborhood and that's why we're here today the hardship specifically is that the legislation

Similar wording

changed under my client my client's property is zoned cmx1 but with the support of the neighborhood

Similar wording

which was 20 to 1 in support, if I recall, we would ask your support today as well, members of the board.

Similar wording

This is a copy of our refusal. We did receive a refusal for visitor accommodation being prohibited in the CMX1 district.

Similar wording

At page 2 of my presentation packet is my client's application for appeal.

Similar wording

Page 4 is my client's project information form.

Similar wording

This is an area zoning map, members of the board. I'm going to zoom in first to the upper map from Philadelphia Atlas. My client's property is being indicated by my cursor right now, the CMX1 property in red, again at the intersection of Coral Street and East York Street.

Similar wording

Generally speaking, it's RSA5 properties. There are some other commercial mixed use, some RM1, some industrial properties in the area as well, which are mainly a holdover from the area's industrial past.

Similar wording

At the bottom of this page, members of the board, is a screenshot from Google Maps showing,

Similar wording

just generally speaking, the layout of the streets themselves.

Similar wording

So, copy my client's deed to page 9.

Similar wording

At page 15 of my packet, members of the board, this is the letter that was sent out June 7,

Similar wording

2023, notifying all the community members of the community meeting for this property.

Similar wording

This is the letter of support from East Kensington Neighbors Association. It's dated 621. We just received it yesterday and I got it into Ms. Emerson just in time.

Similar wording

But as you can see, members of the board indicating with my cursor towards the middle of the page, we did have 20 members voting in support, one in opposition, one in non-opposition.

Similar wording

my client's commercial activity license members of the board tax clearance

Similar wording

then we have photos of the property as well so this is just the photos of the short-term

Similar wording

visitor accommodation members of the board it is a two-bedroom unit one of the bedrooms has

Similar wording

two smaller beds the other has a larger bed so this is the smaller bedroom with the two beds

Similar wording

This is the dining area and hallway, bathroom.

Similar wording