civus

ZBA Hearing - November 4, 2026

Hearing video from Philadelphia Zoning Board of Adjustment (ZBA), Nov 4, 2026, 4h 49m

standing with the city of philadelphia with regards to real estate taxes i would ask that

Similar wording

I would ask that Jim be sworn in.

Similar wording

um jim be sworn in sure could you

Similar wording

Sure. Could you please state and spell your name for this stenographer?

Similar wording

James Maransky, J-A-M-E-S-M-A-R-A-N-S-K-Y.

Similar wording

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

Similar wording

I do.

Similar wording

Counsel?

Similar wording

Yeah, Jim, you heard everything I had to state today.

Similar wording

Yes.

Similar wording

Is it true and correct?

Similar wording

Yes.

Similar wording

And do you adopt this as your own testimony?

Similar wording

I do.

Similar wording

specifically we updated plans after meeting with the community and reduced the amount of parking

Similar wording

spaces to 19 is that correct correct and we also uh made the front balconies into juliet balconies

Similar wording

at their request is that correct correct and then we also covered a portion of the first floor uh

Similar wording

first to reduce the sound effect of the parking area is that correct that's correct and that led

Similar wording

to a refusal that we

Similar wording

accept. Correct. And we reduced

Similar wording

the refusal for the rear yard setback

Similar wording

at their request as well.

Similar wording

Correct. And we also made the

Similar wording

garage structure, the front

Similar wording

gates of the garage structure

Similar wording

opaque at their request.

Similar wording

That's correct. Thank you.

Similar wording

Questions from the board?

Similar wording

Questions or comments from our attorney?

Similar wording

No comments at this time, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Yes, Chair.

Similar wording

There's one hand up.

Similar wording

A person by the name of Francesca will be allowed to speak.

Similar wording

Okay.

Similar wording

I'll get to you.

Similar wording

I promise I'll get to you, sir.

Similar wording

Bring Francesca on, please.

Similar wording

Okay.

Similar wording

She's coming in now.

Similar wording

Okay.

Similar wording

Hello?

Similar wording

I can please state and spell your name for this stenographer.

Similar wording

Francesca Yipikina, F-R-A-N-C-E-S-C-A, Y-E-P-I-K-H-I-N-A.

Similar wording

All right.

Similar wording

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

Similar wording

I do.

Similar wording

Francesca, are you a neighbor?

Similar wording

I am.

Similar wording

Please proceed with your attention.

Similar wording

Thank you.

Similar wording

i just had a question about the change of this former community garden not vacant lot to a

Similar wording

building um is there going to be any drainage or runoff consideration for the properties downhill

Similar wording

from this so this is the council is answering so as the board knows there's requirements for

Similar wording

stormwater management which will obviously comply with yeah francesco thank you very much

Similar wording

thank you uh come on up sir come on up could we give him the seat

Similar wording

hi sir could you get close to the mic if you can sure all right could you please state and spell

Similar wording

your name for the stenographer peter kuzma k-u-z as in zebra m-a right do you swear or affirm to

Similar wording

tell the truth the whole truth and nothing but the truth i do peter are you a neighbor yes i am

Similar wording

please proceed with your testimony um just to clarify uh well two questions one is given that

Similar wording

this uh lot was part of a community garden from 1999 to 2000 that garden was then purchased by the

Similar wording

manager of the community garden, and she maintained it as a garden for the next 25 years,

Similar wording

it would seem that that space should have been an RM1 zoning, which would greatly limit the

Similar wording

amount of units that could be put on there from the current. And I'm just stating that somewhere

Similar wording

along the line, I think there was a miscue in keeping the zoning or having the zoning where it

Similar wording

is versus something like an rm1 given the community garden heritage okay um second uh i was uh present

Similar wording

at the local zoning meeting um and the decision to vote basically on the issue of should the bottom

Similar wording

floor be parking or should it be office space commercial space uh the first vote actually was

Similar wording

for the immediate neighbors vote it.

Similar wording

They wanted it to maintain office space.

Similar wording

Discussion was then held,

Similar wording

and basically a deal was made

Similar wording

to reduce two outside parking spaces

Similar wording

that were in this outside garden area

Similar wording

and eliminate them,

Similar wording

close the opening in the garage to that area,

Similar wording

and we and my wife changed the vote,

Similar wording

which went from two votes for keeping it as office space our two votes changed it to being okay for

Similar wording

parking given further consideration and further details like there's going to be some more

Similar wording

Given further consideration and further details, like there's going to be some more public parking on 2nd Street near the Acme, my wife and I would have changed our votes had we been aware of things like that.

Similar wording

So just to say for the record.

Similar wording

All right.

Similar wording

I appreciate you spending the time down here and we understand your issues.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Anyone else?

Similar wording

There's no one in the virtual audience.

Similar wording

Planning Commission.

Similar wording

Michael Gall with the Philadelphia City Planning Commission. The comprehensive plan recommends no change to the existing CMX 2.5 commercial mixed-use zoning at this location. The requested roof deck access structure refusal is de minimis in nature, as is the maximum occupied area of the lot, so neither is objectionable.

Similar wording

However, this block has other active ground floor uses, which are required in CMEX 2.5 in order to prevent this sort of breaking up of commercial corridors, even side corridors.

Similar wording

So this proposal would be out of character with the community context and the spirit of the zoning code.

Similar wording

There is no unique circumstance or condition of the property that would prevent it from being used in strict conformance with the active ground floor requirements or the accessory parking access requirements of the zoning code.

Similar wording

Therefore, the city planning permission recommends the board grant the requested variances for roof deck access structure area and maximum occupied lot area.

Similar wording

but deny the requested variances for active ground floor use requirement

Similar wording

and accessory parking access.

Similar wording

Thank you.

Similar wording

Do you have a comment?

Similar wording

I saw you.

Similar wording

Well, I asked my client.

Similar wording

I just want to make sure I understood.

Similar wording

Like, there's no commercial uses on our block, on Poplar Street,

Similar wording

on our 100 block, right?

Similar wording

Is that correct, Jim?

Similar wording

Just on the corner at 2nd Street.

Similar wording

Yeah.

Similar wording

Yeah, but not mid.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Okay.

Similar wording

It's in the middle of our residence.

Similar wording

All right.

Similar wording

Show them.

Similar wording

Yeah.

Similar wording

Okay.

Similar wording

All right.

Similar wording

All right.

Similar wording

So, MI 2026-004-341-213-19 Poplar Street, I vote yes with proviso for amended refusal

Similar wording

dated October 23rd, 2026.

Similar wording

Michael Johns, my vote is yes with proviso.

Similar wording

Cheryl Gaston, my vote is yes with proviso.

Similar wording

Tanetta Graham, my vote is yes with proviso.

Similar wording

Taya Nguyen, my vote is yes with proviso.

Similar wording

my vote is yes with proviso you have one more i have one more sir thank you thank you all right

Similar wording

all right um number 13 mi2026 003406 3807 cambridge street um mr knoxson knoxson this is a a resumptive

Similar wording

hearing um you will uh we'll do this is get straight here

Similar wording

we'll uh let you go first right and you will um give us an update of the changes that have been

Similar wording

made and the things that you've done then the board will get joined in and then um

Similar wording

public testimony than planning so why don't you start give us a little outcome where you were

Similar wording

and where you are now all right just as a reminder i'm just going to show the first page of my

Similar wording

presentation we're on the porch block three stories there's duplexes throughout this block

Similar wording

which i showed during the presentation i think there's like four or five duplexes on the 3800

Similar wording

block of cambridge this used to be a triplex uh building here before it was torn down the 2035

Similar wording

plan uh recommends that this should be an rm1 property um and we met with the community

Similar wording

um and there was overwhelming support you should have received a letter i think it was like 17 to

Similar wording

one we did receive the letter it was 15 to one oh 15 to one sorry i overstated so but that so

Similar wording

anyway i had the letter no the board had two votes too so it was 17 to one so either way it was

Similar wording

overwhelming so um and that's basically it um we actually had um and my client actually met with

Similar wording

the next door neighbor separately on monday just to work some construction matters out and they

Similar wording

held the letter until they felt comfortable with the next door neighbor and we got the letter on

Similar wording

monday um okay um any other comments no we did receive a letter from mr ali withdrawing his

Similar wording

opposition okay okay um questions or comments on the board

Similar wording

questions or comments from the virtual audience i see no hands planning commission michael gall

Similar wording

with the philadelphia city planning commission the comprehensive plan recommended no change to

Similar wording

the former rm1 residential multi-family zoning of this location however the property was remapped

Similar wording

to rsa5 residential single family attached to the 2017 council action the proposed two family is the

Similar wording

least modification relief and would be allowed under the recommended zoning therefore the city

Similar wording

relief and would be allowed under the recommended zoning therefore the city planning commission

Similar wording

planning commission recommends the board grant the requested variance

Similar wording

recommends board grant the requested variance for two families mi2026-003-460-3807 cambridge street

Similar wording

i vote yes john my vote is yes show guest and my vote is yes taiwan my vote is yes

Similar wording

all right thank you sir thank you all right

Similar wording

so i think we're ahead of the game here right

Similar wording

yeah yeah we're going to take a five minute break we'll be right back i promise you

Similar wording

um i think uh i'm going to move to number 16

Similar wording

and council we're going to do these both together am i correct correct okay thank you number 16

Similar wording

M.I. 2026-004-385-9247 Rear East Roosevelt Boulevard

Similar wording

and number 17, M.I. 2026-004-406-9249 East Roosevelt Boulevard.

Similar wording

David Orfanides is the attorney.

Similar wording

David Orphanides is rejoining as a panelist.

Similar wording

Thank you.

Similar wording

Good afternoon, Mr. Chairman, members of the board.

Similar wording

Counsel, could you please state your name and spell it for the stenographer?

Similar wording

Certainly.

Similar wording

My name is David Orphanides.

Similar wording

The last name is spelled O-R-P-H-A-N-I-D-E-S.

Similar wording

And Mr. Orphanides, could you identify your client, a relationship to the property?

Similar wording

Yes, my client is L-M-E-M, so it's E-L-E-M, Real Estate LLC, and they're the owner of both properties.

Similar wording

And do we have an RCO letter yet, Lynn?

Similar wording

We don't.

Similar wording

No, we do not.

Similar wording

Okay, okay.

Similar wording

Yeah, we met, we did meet with them in September, and I followed up with them, and-

Similar wording

Did I, I swore you in, am I correct?

Similar wording

Yeah, yes, you did.

Similar wording

Oh, no, no.

Similar wording

Good.

Similar wording

So-

Similar wording

Our vice chair has a few questions for you.

Similar wording

oh wait before you did it mr orphanetes we have that you met in october you said september oh i

Similar wording

guess it was in october yes sorry about that great just want to make sure there wasn't a

Similar wording

different meeting no no no it was in october good afternoon have you submitted your documents in

Similar wording

exhibits 14 days in advance of this hearing for both cases yes and do you waive the reading of

Similar wording

your refusals for both cases yes yes i do i thought that's what you were trying to say oh yes

Similar wording

you can see your screen and proceed with the case certainly i think you can see my screen right now

Similar wording

can you we can we see you okay oh we don't see your screen we see you one second here we go

Similar wording

can you see now we can okay great um this so again my name is david orphanetes and i'm here

Similar wording

representing lm real estate llc i have with me here uh remotely amira hassan elsan who is uh

Similar wording

One of the members of LM Real Estate LLC.

Similar wording

And I have Rustin Oller from Armand Deutsch Oller Architecture who prepared the drawings that were submitted to the city of Philadelphia and the presentation drawings, the elevations and floor plans that we have for you today.

Similar wording

Some of you may remember or these addresses may sound familiar to you.

Similar wording

We were before you back, I think, back in the beginning of the year for an application to erect dimensionally compliant buildings on both of these vacant lots and to use them, the lower level, the ground floor level for commercial is permitted in the underlying CA2 zoning classification and the upper floors for two residential units.

Similar wording

that application and that appealed.

Similar wording

So there were two variances in that case.

Similar wording

One was for the residential use in CA2, which is not permitted.

Similar wording

The other one was the need to have eight off-street parking spaces for each of the properties,

Similar wording

and we weren't providing them.

Similar wording

The zoning board made a decision to deny the granting of the variances.

Similar wording

We had engaged, you may not recall, but there were a number of meetings over a number of months with the community group.

Similar wording

There were concerns, particularly from the property to the right in the picture paddy wax, the bar regarding the apartments, the residential dwelling units that were going to be there, that were also voiced at the community group meeting that we had last month or earlier last month.

Similar wording

And so based upon that, we resubmitted without the residential use and solely with vacant commercial uses permitted in CA2.

Similar wording