civus
Hearing video

ZBA Hearing - May 21, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20255h 4m

Okay.

Similar wording

Yeah, it's going to be retail sale efficient equipment.

Similar wording

Rods, reels, bait, minor marine equipment, anchors, stuff like that.

Similar wording

And it's, you know, it's a good use, a good building for that.

Similar wording

You have like tanks where you have like minnows in it and stuff, right?

Similar wording

Stuff like that.

Similar wording

Okay.

Similar wording

Yes.

Similar wording

Not that I fish.

Similar wording

I know people that do, but I don't.

Similar wording

Yeah.

Similar wording

I'll have to have an area for the tanks, put down a ceramic floor with a drain.

Similar wording

Have you done this work before?

Similar wording

What?

Similar wording

Have you done this before?

Similar wording

This kind of business?

Similar wording

Yeah.

Similar wording

Yes.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Mr. Alley, could you give a little brief explanation of your previous experience with this kind of business?

Similar wording

I have a bait and tackle steward that I've had for 35 years, five blocks away from this location.

Similar wording

it's at the corner of

Similar wording

Howe and Dittman

Similar wording

and down at Robbins and Dittman

Similar wording

is my store that I have now

Similar wording

me and my wife and my son

Similar wording

are working

Similar wording

my son is probably going to carry it on

Similar wording

that's why I wanted to expand

Similar wording

the other store is at the end of a block

Similar wording

row house

Similar wording

this is twice as wide

Similar wording

there's a big yard on the side

Similar wording

which is good for demonstrations

Similar wording

and stuff like that

Similar wording

we work a lot with the kids

Similar wording

and down on the river and stuff like that. I've been doing it for, they've been, we've all been

Similar wording

doing it. And you would sell licenses too from the state, like the fishing licenses? Oh, yeah.

Similar wording

I'm a Fish Commission agent for selling licenses and permits and abiding by the laws that they set.

Similar wording

Mr. Sokoloff, you have anything else? No, just Mr. Riley, you heard the rest of my testimony

Similar wording

or my presentation to the board today?

Similar wording

Did you hear his testimony today?

Similar wording

You heard his testimony today?

Similar wording

Yes, yes.

Similar wording

Right, go ahead.

Similar wording

And is it true and correct to the best of your knowledge?

Similar wording

Yes.

Similar wording

And would you adopt it as your own as well?

Similar wording

I would.

Similar wording

Okay.

Similar wording

Thank you very much.

Similar wording

Questions from the board?

Similar wording

Yep.

Similar wording

Can you speak to any plans to make the building accessible?

Similar wording

I mean, it may be.

Similar wording

I don't know.

Similar wording

I don't see any pictures.

Similar wording

You mean like a handicap accessible?

Similar wording

Yes, I do have plans for that.

Similar wording

Okay, well, you think it would be one of those steps in the front?

Similar wording

It's going to be like a 40-foot ramp.

Similar wording

I looked into it because of it being so high, so it's not in the budget right now.

Similar wording

I looked into it because of it being so high.

Similar wording

So it's not in the budget right now, but I absolutely want to do that.

Similar wording

Can you get a little closer to the mic?

Similar wording

Can you get a little closer to the mic?

Similar wording

Okay.

Similar wording

I wanted to do it at the other store, but they wouldn't allow it.

Similar wording

There was not enough payment to do it where this does.

Similar wording

And I measured the height.

Similar wording

i got that legal uh distances has to be like 40 feet long so there's no like on the side of the

Similar wording

building uh that side yard there's no accessible no if you see the building uh this building was

Similar wording

never a residence ever it was a church then it was a daycare which didn't require any special zoning

Similar wording

but doing retail i have to go through the due process of getting it permitted i actually went

Similar wording

to the civic association three times once just to check it out and then to let just let the people

Similar wording

know what i wanted to do and they seem to be supportive you know there's a door that's at

Similar wording

grade on the other side of the building like on it's yeah there's yeah yeah the other door

Similar wording

that does that allow or does is there still steps once you get inside of it yes okay yeah

Similar wording

One step to go into the main floor.

Similar wording

You know, when I got the building, so far all I'd done really is paint it,

Similar wording

replace the fence that was there, and put a new floor down.

Similar wording

I'm not adding anything.

Similar wording

There's two bathrooms with a toilet and a sink.

Similar wording

They're staying there.

Similar wording

The building was in decent shape.

Similar wording

It just was neglected for quite a few years.

Similar wording

So it's a good structure for what I need.

Similar wording

Okay.

Similar wording

Any other questions?

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Just a brief question.

Similar wording

So this is an RSA 3 property.

Similar wording

Is there any parking at this property?

Similar wording

On the property?

Similar wording

On the property.

Similar wording

Okay.

Similar wording

All right.

Similar wording

So that was just a misrefusal then, misrefusal on the refusal.

Similar wording

So I just wanted to note that for the record.

Similar wording

Thank you.

Similar wording

Questions or comments from the audience, the virtual audience, or the present or listening audience here?

Similar wording

Yes, Chair.

Similar wording

i have a hand up from a from stan chavinsky i have promoted them to panelists

Similar wording

they should come back in short okay

Similar wording

I think it's Driscoll's office.

Similar wording

Stan?

Similar wording

Good afternoon.

Similar wording

Can you hear me?

Similar wording

I can.

Similar wording

Stan, could you please state your name as Bell for the stenographer?

Similar wording

Good afternoon.

Similar wording

My name is Stanley Swinski, S-T-A-N-L-E-Y-C-Y-W-I-N-S-K-I.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

I am the zoning director for the Sixth Council District.

Similar wording

And as Mr. Riley has mentioned, he was, in fact, at three meetings that I had attended.

Similar wording

The community has received his zoning request for this property in a positive manner.

Similar wording

So I just wanted to say that we support that position.

Similar wording

Thank you.

Similar wording

Thank you for taking the time to call us.

Similar wording

We appreciate it.

Similar wording

Planning Commission.

Similar wording

Amy Boyd with the Planning Commission.

Similar wording

The comprehensive plan recommends no change in zoning from the existing RSA 3 residential single family.

Similar wording

the property has a history of commercial use and the proposed use will have

Similar wording

minimal impacts on sale or ending properties.

Similar wording

No parking is also an existing condition.

Similar wording

The planning commission recommends that the board grant the requested

Similar wording

variance for sale of consumer goods.

Similar wording

Thank you.

Similar wording

MI 2025, 000515, 4600 Howell Street.

Similar wording

I vote yes.

Similar wording

Michael John, my vote is yes.

Similar wording

Tanetta Graham, my vote is yes.

Similar wording

Tywin, my vote is yes.

Similar wording

ishmael shahim my vote is yes thank you sir thank you thank you very much members of the board

Similar wording

all right thank you council all right let's see here who's that

Similar wording

okay um number six mi 2025 005 38 817 christian street sean rex road is the attorney

Similar wording

letter of non-opposition from bella vista a letter of non-opposition from council member squilla

Similar wording

They should be coming back in as a panel shortly, Mr. Chair.

Similar wording

Thank you.

Similar wording

Mr. Chair.

Similar wording

Can you see me?

Similar wording

No, I don't.

Similar wording

i know apologies i don't know if my camera is working um i can call somebody in here try to

Similar wording

fix it uh what i want to when i do this i'll come back to you in about 15 minutes all right i

Similar wording

appreciate it thank you bye

Similar wording

number nine mi 2025 000 543 1939 to 43 east sarge street rachel pritzker is the

Similar wording

attorney. There's a letter of support from East Kensington neighbors. Vote was 10 in support,

Similar wording

three in opposition, and a letter of non-opposition from Council Member Squilla.

Similar wording

Good evening. Good evening, Rachel. How are you? Could you please state your name

Similar wording

and spell it for the stenographer? Yes, Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

Similar wording

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

Similar wording

Yes.

Similar wording

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

Similar wording

Yes, my client is Modern Development Group.

Similar wording

That's the owner of the property.

Similar wording

And our vice chair has just a few questions.

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to wait 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's needed to proceed with this case five days in advance of this hearing?

Similar wording

yes thank you council please proceed thank you

Similar wording

okay can you see my screen we can okay

Similar wording

okay move down to site

Similar wording

okay

Similar wording

so this is 1939 east sergeant street it's really 1939-43 it is a lot size of 2,238 square feet

Similar wording

and an existing structure on it that's proposed to be demolished that is 3,128 square feet

Similar wording

The lot is sort of weirdly shaped in that it is 34.5 feet by 55.9 feet.

Similar wording

We're proposing a demolition of the existing two-story building, which is a kind of old warehouse commercial building, even though this is an RSA-5 property.

Similar wording

and we're proposing a new structure with six units to match the directly adjacent structure,

Similar wording

the CMX1 structure also owned and developed by the same owner of this property. It'll be easier

Similar wording

to see kind of how this fits in when the architect brings up the plans. Although the property is

Similar wording

owned RSA3, this property has never been a single family home and neither is the directly adjacent

Similar wording

and property is CMX1. Also multifamily is not on character or out of character or uncommon

Similar wording

for this block. There are directly adjacent structures at 2534 emerald and 2550 emerald

Similar wording

that are multifamily. If we go to...

Similar wording

trying to show zoning posters

Similar wording

you can see the corner building that i'm mentioning and pieces of the existing building

Similar wording

again as you can see from this property given sort of the wide but short nature of the site

Similar wording

it had a garage and a unit above and there was some warehouse and storage in this building but

Similar wording

But since its existence, according to the city, it has never been a single-family home, I think, given the nature of the location and also the odd size of the lot.

Similar wording

We're proposing a new six-unit building to match the corner building with an alleyway, which you'll see, for internal access to the building.

Similar wording

and as mentioned just the inside of it so you can see the existing

Similar wording

structures although this is proposed to be demolished

Similar wording

and the warehouse again kind of wide and short

Similar wording

just going to bring up community meeting stuff and then talk about the refusal in a second

Similar wording

we had a meeting on april 9th with the community group which is the east kensington neighbors

Similar wording

with the community group, which was the East Kensington Neighbors Association.

Similar wording

Association.

Similar wording

We sent out mailers for this meeting, 134 mailers.

Similar wording

And as mentioned, we had 10 in support and three opposed.

Similar wording

So the community group issued us a letter of support.

Similar wording

We also have a letter of non-opposition from the Office of Councilman Mark Squilla as well.

Similar wording

I'd like us to, if possible, to promote Alex Duller from FUSA Design to go through the plans

Similar wording

for the project.

Similar wording

Thank you.

Similar wording

And while we do that, I just want to quickly just go through the refusals, which he'll just

Similar wording