civus
Hearing video

ZBA Hearing - July 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 24, 20246h 16m

no way interferes with any of the sidewalk or roadways that's why it wasn't i mean the the

Similar wording

plan itself with the window and drive

Similar wording

aisle was submitted to L&I with the

Similar wording

original application. Yes, and

Similar wording

I do see that. I also see this was a

Similar wording

change of use application,

Similar wording

which means it might not have been

Similar wording

reviewed. So I may just want to just

Similar wording

hold this for

Similar wording

a week and make sure that

Similar wording

this was put through

Similar wording

correctly, because

Similar wording

with it having

Similar wording

the takeout

Similar wording

window and the drive aisle and

Similar wording

And the drive-thru and neither of those being mentioned on the refusal.

Similar wording

I just want to make sure nothing was missed that needs to be there.

Similar wording

Right.

Similar wording

We are understanding, and again, I understand you would like to check with L&I, but our understanding is that we did ask for these with L&I.

Similar wording

And the main refusal point was because of the industrial and because the windows and everything is off of, again, off of the streets and sidewalks.

Similar wording

That's why we didn't get a refusal in any way for that.

Similar wording

But that's, again, I understand if you wish to.

Similar wording

Well, hopefully, Hillary, we're going to have this by next week, right?

Similar wording

Yes, yes.

Similar wording

No, I just, yeah, I just need a couple of days.

Similar wording

All right, good.

Similar wording

So we'll finish the process.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Yes, we have one hand.

Similar wording

Jihad Ali has been allowed to speak.

Similar wording

Mr. Ali, just for the record, state your name, please, and spell it for the stenographer.

Similar wording

My name is Jahad Ali, J-I-T-G-I. That was an error. I apologize.

Similar wording

Swear, did the court reporter get that?

Similar wording

Mr. Chair, I am familiar with Mr. Ali, but I am having difficulty hearing him.

Similar wording

Okay. All right. Good.

Similar wording

Chair, I just want to put on the record that Esperanza is also aware during our meeting that a takeout window is asked for along with the drive-thru.

Similar wording

Thank you.

Similar wording

All right, thank you.

Similar wording

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

Similar wording

Mr. Had?

Similar wording

Yes, I do, Mr. Chairman.

Similar wording

That was a mistake.

Similar wording

I apologize.

Similar wording

Okay, you're getting off?

Similar wording

Yes, I'm getting off.

Similar wording

thank you thank you thank you um planning commission

Similar wording

on love a car planning commission the comprehensive plan recommends changing

Similar wording

the zoning at this site from i2 to icmx which would allow commercial development at this area

Similar wording

therefore there is a hardship and pcpc recommends granting the variance

Similar wording

um mr zen we'll be back to you next wednesday at 2 p.m thank you and we'll vote down at two

Similar wording

o'clock okay and thank you very much appreciate it thank you number 13 mi 2024 002 517 6721 to 27

Similar wording

upland street henry clinton is the attorney no rco letter or summary but notice was sent to

Similar wording

nearby neighbors with proof of mailing provided on July 15, 2024, before the 40th Ward of Republicans.

Similar wording

2024, before the 40th Board of Republicans?

Similar wording

Mr. Chair, I believe we just this afternoon did receive the letter from the 40th Board of Republicans.

Similar wording

Is that Mr. Maldosian?

Similar wording

That's Mr. Maldosian.

Similar wording

So if he's still on, I believe he could speak to that.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

Is he in favor?

Similar wording

I haven't even gotten to look at it yet.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Yes, Mr. Chairman.

Similar wording

There's a number of advisors, but he's in favor.

Similar wording

Okay, good.

Similar wording

Mr. Clinton, could you just state your name for the record, please, and spell it?

Similar wording

Henry Clinton, C-L-I-N-T-O-N.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

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

Similar wording

Sure.

Similar wording

My client is Abdelmani Abdallah.

Similar wording

I'm going to spell that.

Similar wording

A is in Albert.

Similar wording

B is in Boyd.

Similar wording

D is in Dennis.

Similar wording

E, L.

Similar wording

M is in Michael.

Similar wording

O, N as in Nancy, E as in Edward, I as in Isabel, M as in Michael, that's the first

Similar wording

name, Abdallah, A, B, D as in Dennis, A, L, L, A, and he is on the call.

Similar wording

Okay.

Similar wording

Our vice sheriff has a few questions.

Similar wording

Good afternoon, counsel.

Similar wording

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

Similar wording

I do wish it, Shahid.

Similar wording

Have you emailed in all the required documents and exhibits that is needed to proceed with

Similar wording

this case of these in advance of this hearing i would say 90 of the documents were sent in five

Similar wording

days in the last couple days we we have the letter of support from the community and a floor plan

Similar wording

thank you mr planton please proceed and share this one thank you very much

Similar wording

is that visible mr chairman it is uh good afternoon mr chairman members of the board

Similar wording

i'm here on behalf of mr abdallah who is on the call with us this concerns 67 21 to 27 upland

Similar wording

in the southwest section of philadelphia my table of contents containing exhibits a1 through a11

Similar wording

And also at the end, I've indicated there's a rental license for four units.

Similar wording

I've given also some historical perspective for the property from 1939 until 2012.

Similar wording

This is a proposal.

Similar wording

I'll get the refusal.

Similar wording

So let me do this first and I'll go backwards.

Similar wording

So this is a proposal for concerning a large parcel of grant, about 17,000 square feet.

Similar wording

and it's nestled in between other automotive-related uses.

Similar wording

My client's property at one time was automotive-related uses,

Similar wording

but over time, it has morphed into more of a residential use.

Similar wording

We are zoned RSA 5, but we're surrounded by ICMX,

Similar wording

as well as the railroad tracks box us in on the north side of the property.

Similar wording

Historically, the building in the front,

Similar wording

and I'll give you closer perspectives of the building as well as the floor plan,

Similar wording

And the building in the front historically has been four apartments.

Similar wording

When I went back into the zoning records, you'll see at one time it was one family, then four family, then three family.

Similar wording

But I think the zoning, whoever asked for those variances, they never really converted the apartments into single family because I have photographs of four heaters, four hot water heaters, five meters.

Similar wording

So, and my client has had a rental license since he's owned the property, and I'll show you that.

Similar wording

So that's the first building.

Similar wording

The second building was supposed to be a storage facility for the automotive uses on the building.

Similar wording

It was built, I gather, in the 1990s.

Similar wording

It's a cinder block structure, which I'll show you a close-up view.

Similar wording

And we're asking for two dwelling units to be located here.

Similar wording

the four existing garages are here i've been in existence since 1939 the garage over here since

Similar wording

1939 and these three garages so the game plan is to take this structure this whole parcel and

Similar wording

basically remake it and make it pave it 17 parking spots also have landscaping around the perimeter

Similar wording

and also some storage for trash.

Similar wording

So that's the nutshell.

Similar wording

That's the overview.

Similar wording

I'll go backwards and then come forward again.

Similar wording

So the refusal is, again, this is an RSA 5 zoning district

Similar wording

surrounded by ICMX and the railroad tracks.

Similar wording

And the refusal addresses, because it's RSA 5,

Similar wording

we have more than one principal use.

Similar wording

We have uses of a four apartment unit building,

Similar wording

two units, as well as seven to eight garages and 17 parking spots.

Similar wording

So this is the RCO letter, which we got from Mr. Mitolozian hours before today's hearing.

Similar wording

hours before today's hearing. And we've had numerous discussions with him, as well as

Similar wording

And we've had numerous discussions with.

Similar wording

other RCOs. And there's about three or four RCOs in the Southwest Philadelphia Consortium.

Similar wording

And basically, we do have support with a number of provisos. One, landscaping design. We do have

Similar wording

to complete that in accordance with PCPC design parameters. We will have trash containers.

Similar wording

We will have two trash pickups.

Similar wording

We do already have, my client has a professional real estate management company.

Similar wording

It's Nova Real Estate, located at 70th and Dix in Southwest Philadelphia.

Similar wording

There will be no automotive repair uses, rentals, or storage.

Similar wording

There's a big concern, as you heard in a previous presentation, with auto repair outfits and

Similar wording

companies setting up shop in Southwest Philadelphia and really driving down the neighborhood use

Similar wording

and residential use.

Similar wording

Because this historically was that type of use,

Similar wording

we are morphing away from that and making it residential,

Similar wording

and the community is in support of that.

Similar wording

And we're also going to have public safety lighting from dusk to dawn

Similar wording

and also have CCTV system registered with the police department.

Similar wording

These are the various RCOs in the Southwest Consortium.

Similar wording

This is the original photograph I showed you now.

Similar wording

Some closer-up photographs.

Similar wording

This is looking from the north to the south.

Similar wording

Again, these are the garages that have been in existence since 1939.

Similar wording

This is the four apartment buildings in existence.

Similar wording

This is the proposed two-family dwelling.

Similar wording

A photograph from the street, Upsil Street looking in, Upland Street, excuse me, looking north.

Similar wording

Again, this is the building where we have four units.

Similar wording

you can see there's five meters each meter for one of the one bedroom

Similar wording

apartments and one for the common space those things basement shots indicating

Similar wording

four hot water heaters some of the heaters

Similar wording

but this is the the best shot right here of the four heaters there's one in the

Similar wording

background there it didn't show very much on the photograph and here are the

Similar wording

three heaters. We have some interior photographs. The units are occupied, so it was difficult to

Similar wording

get inside and ask the residents really, could we take pictures of the inside units? They felt

Similar wording

uncomfortable, but we do have photographs of the hallways and one historical photograph of

Similar wording

the interior of one of the units. This is the overall plan. We have two plans. This is the

Similar wording

plan that's been stamped by the streets department and again we're we're narrowing uh the parking

Similar wording

spots we're going to have landscaping around the entire perimeter trees shrubber used to bring some

Similar wording

greenery into the area at one point there were about 25 parking spaces because of landscaping

Similar wording

we've cut that down to 17 including one handicapped spot right here in the front we're also going to

Similar wording

have some landscaping in front of the existing four dwelling unit and then the trash enclosures

Similar wording

are probably going to be, not probably, they're going to be located along

Similar wording

the back wall here where there's another building existing on the other

Similar wording

property. This is the streets department

Similar wording

approval. And this is a floor plan. If I could,

Similar wording

I'll just change this view.

Similar wording

In the basement, there's no use of the basement by

Similar wording

any of the apartment dwellers. They're all utilities down there. The electric meters are

Similar wording

posted on the outside of the wall. We do have, as I said, four heaters and four hot water heaters.

Similar wording

These are all one-bedroom apartments. There's actually three one-bedroom apartments

Similar wording

and one studio in the rear. The rents are very attractive. They range from $500 to $650.

Similar wording

My client has tenants from the neighborhood who are very happy. Each of the tenants are allocated

Similar wording

at two parking spots. So that's four times two, that's eight. We have a request for two additional

Similar wording

units. That would be two parking spots per unit that would bring us up to 12. And then there's

Similar wording

other parking spots for people who may have to use garages. I just want to emphasize to the board

Similar wording

and to any of the RCOs or Mr. Medlosian who's on the call that this property is not going to be

Similar wording

used for automobiles in any way, shape or form. And we're going to be, my client's going to be

Similar wording

putting a lot of money into this project and he doesn't want vehicles that without license plates

Similar wording

with motors hanging out. It's just not going to be a good look for the people who'll be living

Similar wording

there as well as for all the improvements that he's putting in. It's just not a way he wants

Similar wording

to go. And he can actually adopt that when we ask for his testimony. This is the tax certification,

Similar wording

Actually, a printout from the Philadelphia Tax Center indicating no real estate.

Similar wording

Actually, a printout from the Philadelphia Tax Center indicating no real estate taxes are due.

Similar wording

And this is an instructive zoning map.

Similar wording

Again, our area is the shaded area, 17,000 square feet, RSA 5.

Similar wording

Arguably, if you had each property parcel, if we had enough width, you could put maybe 15 single-family homes on this property.

Similar wording

It really doesn't warrant that.

Similar wording

It would be an overuse of the property.

Similar wording

So we're still using a residential nature of the property for uses for, again, moderately priced, if not low priced units for people in the neighborhood.

Similar wording

The purple is the ICMX and as well as a railroad traction and across the street is McCreish Playground and the SPPO section.

Similar wording