ZBA Hearing - January 8, 2025

have accessibility in here, and you can have vehicles in here because this is open for vehicle

traffic for this particular building at 38 Jackson Street. So they'll come in and circle out and go

back out the same way? Yeah, we're going to design a circular driveway. Okay, thank you.

So there's a whole new, so this part of this street here that you show in this picture

is a stricken street yes it is it's a stricken street and so you're going to be designing um a

new turnabout or something now is is this on the plan it shows that there's a construction

materials storage is that still going to be part of this they'll access this street too

Yeah, I'm not sure in terms of – I'm going to scroll down to the plan.

I noted that, and I didn't recognize it from the original – okay, let's see here.

I mean, it's kind of confusing because there's no kind of site plan that – I mean, you showed –

I'm not sure what that's for.

Do you know what that's for, Connie?

Um, actually, if I'm not mistaking, there is going to be a daycare that is associated with the Colombo charter school. And so I don't know why that says construction material, but I was told that that, um, the plans are to have that as a, um, a daycare for, um, normally functioning children.

And on this plan, this is your daycare center.

They're listed at 19,000, and these are still retained by the I2 site.

So we're essentially rezoning this and putting an entrance.

essentially rezoning this and putting an entrance and there's also other entrances just for foot

traffic off of jackson street okay that makes more let me okay so that means that business office

that's located on this diagram is not for the proposed daycare that's just for the building

itself all okay and as is the second floor here it's been uh modified for commercial use

periodically over the last number of years.

So, so Mr. Perry, I do think before we vote on this, we'd have to at least see what it

looks like.

I mean, you know, I think that, you know, looking at Water Street there with the circle

or how you're going to do, I think you've got to come back to us and show what that

looks like and show where the daycare center is, as compared to what else we have.

I mean, it's just it's it's all over the lot right now. And I I understand exactly everything we're trying to do and things like that.

And I think it's really a nice project. But I think you at least have to show where this is going to be, where the handicap entrance is, because right now it's just it's too hard to understand.

So, I mean, I'm going to go through if there's any other questions so we can get it.

But what we want to do is we'll have a resumptive hearing.

And just show us that.

I mean, like, is that business office stay?

No, this is the proposal.

But the point I'm saying, it's hard to look at this.

And while that's going to go, that's going to go.

Show us a document that would have how the outlets laid out.

And show us what the circular thing looks like.

And do you go out the same way again? So that's where I would. And, you know, it might be helpful, too, to say what's on the second floor. All right.

Well, this is the second floor here. Yeah. But what I'm saying is all the everything that's there stays.

No, this is I'm sorry, I'm being confused. The proposed child care center is what I understand that.

I'm just saying it'd be curious of what's on the second floor, because what has to be delivered to the second floor?

How do they get in there? So that's the only thing I'm pointing at.

okay okay is there anyone any other questions from the board no i agree wholeheartedly with you

planning do you want to take a position now or do you want to wait till the drawings come

chairman we'll take a position if that's okay all right why don't you proceed all right did

you want to take public comment or i'm sorry i i was on um mute um can you uh is there going to be

some sort of play area within this uh i'm sorry is there going to be some sort of play area for

sure this is going to be all broken down into uh offices play areas school areas and so forth they

have a staff of of over 20 uh for this particular proposed child care center okay but i mean we're

not we're not seeing that in what you what you're showing so i guess problem is is that the

architectural fees for doing this would be close to $50,000 in terms of showing it. And of course,

we were trying to just get the initial approval to move away from an I-2 industrial use

before we provided really detailed schematics, because that may change down over the next year.

again i'm not i'm not i'm not saying you have to spend okay

tell us a little bit more about how this property is going to be used okay and uh where these

children are going to be if there's going to be some areas that'll be designated for play or

whatever um and again the whole idea of you know this this this seems to be a a large number of

uses um at this property and we need to have i think a better sense of what we're talking about

here sure okay we'll try to get some more input as to these two we really have no control over

the second floor which has its own uh but i i'm not mr perry mr perry i'm not saying to control

the second floor i'm just saying i'm curious what's in there and where how you would get in

and out of that place is what i'm curious about that's it okay questions or comments from the

virtual audience i see no hands here planning commission thank you chairman and good morning

David Effecto with the City Planning Commission. Chairman and board members, the comprehensive plan

recommends no change to the I-2 medium industrial zoning at this location. This building is in a

cluster of industrial properties in one of the city's industrial preservation areas adjacent

to I-95 in the Port of Philadelphia. With heavy trucks and pollution, this is not an appropriate

With heavy trucks and pollution, this is not an appropriate location for a child care center, a facility serving more than 13 children.

location for a child care center.

There is no unique physical condition or circumstance of this property that were prevented from being used.

In strict conformity with the zoning code, the City Planning Commission recommends that the Board deny their requested use variance for a child care center.

Thank you, Mr. Fecto.

Mr. Perry, we will bring you back for a resumptive hearing, and I think you know where we want to see and how it's going on.

Okay.

Thank you very much, sir.

Yeah, I just, two things.

One, of course, is that this has been converted essentially for commercial uses over the last 10 years.

And, of course, I can submit for Ms. Gaston and others what layouts have been used at Tenth and Poplar for over 10 years and what the schematic plan is here for particular special needs children.

Yeah, well, I mean, I'm going to go back to what Ms. Gaston said.

nobody's asking you to spend fifty thousand dollars but we need to look at something that

explains what you're going to do and we don't have that now no problem thank you thank you

all right number 10 mi 2024 004 946 2137 south a street dennis george please come back

Mr. George Dennis George is coming in as a panelist thank you you're welcome

Mr. George you've already been sworn

sorry for the inconvenience mr chairman at this time we if i could i know it's at the end of the

list i'd like to ask for a continuance because we only received the letter of opposition at 654

last evening and we did never receive the letter from the councilman the opposition letter indicated

four people attended the meeting, two of which opposed, one was not opposed, and one abstained

without a letter of explanation. We'd like an opportunity to go back to the RCO.

Okay, thank you very much. So MI 2024-004-946-2137 South A Street, cases continue. Thank you very

much for that. Is there anyone in the audience whose case has not been called?

first audience nope there are no hands chair thank you very much thanks everybody see

everybody 2 p.m all right thank you

you know we're ready

yes chair you can proceed as you wish good afternoon everyone my name is bill bergman

and i will be chairing this afternoon's meetings with me is our vice chair ismail shaheed

president here our board member stella l gaston present mr chairman our board member

Tynetta Graham. Present, Mr. Chairman.

Our board member, Michael Johns.

Mr. Chairman. And Ty

Nguyen is either here or will be here any minute.

Also present is our attorney, Hillary Emerson,

and our executive director, Ian Haggerty.

Here's our virtual format.

Proceedings are being recorded. With your participation,

you agree to be recorded. The video will be available by contacting

ZBA Executive Director at phila.gov.

For a court stenographer and attorneys,

we ask attorneys and witnesses to identify themselves before testifying.

Participating by phone, press star 9 to raise your hand

and star 6 to unmute.

To enter an appearance statement, call 267-270-5548.

Leave your email address and the address of the property.

And finally, the question and answer box on the screen is not for testimony. All comments should be directed to ZBA Executive Director at philo.gov. Let's look at our schedule for today.

Number four, MI 2024-006-030-2100 Benson Street. That case is continued, attorney-moving party.

Number eight, MI 2024-006-091-1938-40 East Hazard Street. That case is continued.

And number 12, my 2024, 00.

My 2024-006-156-1602, South Broad Street.

That case is continued.

Are there any other requests for continuance?

Good afternoon, Chair.

This is Doreen Blakey.

I will be co-hosting this afternoon.

I have a hand up by Vern Anastasio first.

They will be allowed to speak.

Good afternoon, Mr. Anastasio. I think you've already been sworn. Just for the record, state your name.

Good afternoon, Mr. Chair, members of the board. Vern Anastasio, A-N-A-S-T-A-S-I-O.

Council, we're talking about 5737 Elmwood?

We are, Mr. Chair.

Will you give me an update?

Yeah, my client had a family emergency in Southeast Asia where she's from. So she was gone for several months. And as a result, I did not get the materials needed to proceed to an RCO meeting. And that's where we are.

I know this has been several listings, but I respectfully request a continuance be granted.

And I think for the sake of your docket and and and the case itself, it might be best to have me as attorney moving party.

And my twenty twenty two zero zero seven two nine five fifty seven thirty seven Elmwood Avenue cases continue attorney moving party.

Thank you. Is there any other requests for continuance?

Yes, Chair David Orphanides.

You will be allowed to say it.

Good afternoon, Mr. Orphanides.

Could you please state your name and spell for the stenographer?

Certainly. David Orphanides, last name O-R-P-H-A-N-I-D-E-S.

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

I do.

Mr. Orphanides, are you talking that 8014 Caster Avenue?

Yes, sir.

Could you please give us an update?

Certainly. There was, I think I reported last time, there were concerns of the neighbors regarding the original application, which involved a nightclub and a smoking lounge and some other physical alterations to the property, including a rooftop dining area.

We've been modifying the plans and we're going through the process with L&I of reviewing those and issuing any type of revised or amended notice of refusal.

And we need to go back to the community group, which I would expect to happen next month in February.

I don't think that it might be later this month in January or beginning of February.

Thank you, sir.

So MI 2023-007-281-8014 Caster Avenue cases continue.

Thanks for calling us.

or any other requests for continuance there was a hand up excuse me with the phone ending in 3552

but that had that hand has went down since and there are no oh it's back up so i would allow

them to speak could you please state your name is spelled for the stenographer

yes adrian fernandez swamp little neighborhood process association rcf

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

yes adrian what case are you talking about 3421 north 22nd street

Mr. Chair, that's on the

3.30 p.m. list, and we've received a request for continuance

from the attorney.

Did you hear that? Yes, I did. So I don't have to wait for the

3.30. That's right. Thank you. And thank you

for calling in okay i wasn't sure it would be two o'clock or three thirty thank you three thirty

okay is there any other requests

there are no more hands thank you we're going to go to our add-on list

so mi 2024 006 305 2557 west sterner street

I vote yes with proviso. Interior trash storage, commercial trash pickup, hours of operations, Monday to Friday, 9A to 5P.

My vote is yes with proviso.

Joe Gaston, my vote is yes with proviso.

Teneda Graham, my vote is yes with proviso.

Ishmael Shaheed, my vote is yes with proviso.

you and number two sorry board member when did you wish to vote on this one you were

you were present i don't know if you're having a problem unmuting

Yes, sorry. My vote is yes.

yes sorry i uh my vote is yes

Reproviso.

Reproviso.

Thank you. And number two, MI 2024-001-594-922 New Market Street, I vote no.

Michael Johns, my vote is no.

Cheryl Gaston, my vote is no.

Tana Graham, my vote is no.

Iowan, my vote is no.

Ishmael Shaheed, my vote is no.

Now I'm going to go to number three, and we're going to hear number three along with number nine at the same time.

MI 2024-005-664-7213 Edmond Street.

And number nine is MI2024-006093, 7211 Edmond Street.

Alan Nockamson is the attorney.

There are a letter of support from Taconi Civic Association.

Alan Nockamson has been promoted to panelist.

Good afternoon, Mr. Nockamson.

Good afternoon, Mr. Chair and members of the Board, and Happy New Year.

My name is Alan Nockamson, Nockamson, PC.

Just for the record, could you spell your name?

Alan, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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

I do.

Could you identify your client, their relationship to the two properties?

Yeah, my client is Amir Bihari, the owner of the property.

Our vice chair has a few questions, sir.