Yes, I do.
Pat, this is Henry Clinton.
You heard my testimony?
If you had the opportunity to testify, would you testify as if I did and adopt my testimony as true and correct?
Thank you.
With that, Madam Chairman, I rest and ask that all my exhibits be introduced into evidence.
Thank you.
Is there anyone else who wants to testify, including representatives of RCOs, council
representatives, council representatives, and members of the public?
I see no hands, Madam Chair.
Okay, Planning Commission.
Good afternoon, Vice Chair Tonari, members of the board.
The Comprehensive Plan recommends this property for commercial mixed-use development.
This proposal is similar to much of the new development on this section of Frankfurt Avenue.
We have no opposition to granting these variances.
Thank you.
Thank you. Did the board have any questions? No. No.
Did the board have any questions?
Calendar number 1844-1538 Frankfurt Avenue. My vote is yes. With revised plans, Madam Chairman.
Two pages. With revised plans consisting of? Two pages. Two pages. Yes, with proviso.
yes with proviso okay we're going to go back to banbury and revote that
thank you madam chairman members of the board good afternoon
sure thank you calendar number 2604 1549 south banbury street my vote is yes with revised plans
consisting of one page yes with proviso yes with proviso yes with proviso
calendar number
2676-2238 North 2nd Street.
Hi, Clementa. Can you put your name and address on the record?
Of course, Clementa Amazon, C-L-E-M-E-N-T-A-A-M-A-Z-A-N-123, South Broad Street, Suite 1600, Villa PA, 19109.
And do you swear or affirm to tell the whole truth and nothing but the truth?
I still do, yes.
Thank you.
You may proceed.
Thank you.
okay can everyone see my screen clearly yes perfect so again clemente amazon and i will be
presenting 2238 north 2nd street before you have a packet of materials which include the deed
tax clearance certificate, the notice of refusal, as well as nearby variances that were granted for
similar CMX2 properties, the application for appeal, zoning map, photographs, architectural
plans and drawings, as well as a letter of support from the RCO, North Square Community Association.
So here I have the deed showing that my client owns the property. My client is B2 Properties,
one of the largest residential single family home developers in the city.
They have also been recognized by the Enquirer twice.
Here I have the transfer tax certification
showing that no taxes are owed on the property with the exception of 2021, which is only going
to be due a few months from now. And I have the notice of refusal. So for this particular project,
it is zone CMX2, so we are required to have the commercial used at the ground floor. However,
we are requesting that we have the residential swapped out for commercial. Considering the
characteristic of the block, it is primarily a residential block. In addition, we are looking
to support the commercial corridor on North Front Street. And there have been nearby vanities for
similar projects that were CMX2 and had the residential swapped out for the commercial,
specifically 2204, 2529, 2240, which is actually next door, and 2262 North 2nd Street. All of these
are triplexes and similar in size to our particular project at 2238 North 2nd Street. So it's
primarily a residential block and we are trying to maintain that characteristic and support the
commercial corridor on North Front Street. Here I have the application for appeal, the
notice of refusal, project's information form, zoning map showing that it is CMX2 property
but as I mentioned, it is primarily residential in nature on that particular block. Google
map view of the block. So here we have the front of the property, the view to the right
As you can see, several residential homes along the block.
Views to the left, again, several residential homes through the block.
Here we have the exterior.
The floor plans for this particular project, again, it's three units, so we are only looking to swap.
the floor plans for this particular project again it's three units so we are only looking
to swap out the commercial for residential and the letter of support that we received from the rco
so here i have the notice that we sent out indicating
the date and time and zoom information for the meeting as well as the zba hearing
a list of the properties that we notified
and our reciprocate of mailing so with that i'd be happy to answer any questions that the board
may have does the board have any questions no no is there anyone else who wants to testify
including representative i believe my client should be on the line um bill archer or william archer
yep i'm here clementa perfect bill did you hear everything that i stated today
yes i did and is it true and correct yes and if given the opportunity would you adopt it as
your own testimony yes i would thank you thank you is there anyone else who would like to testify
if there is please raise your hand
i see no hands madam chair planning commission good afternoon david fecto city planning commission
vice chair tenari and members of the board the comprehensive plan recommends this property for
commercial mixed use the zoning for this block dates to 1933 we believe that if the block were
rezoned, the zoning would change to residential. Accordingly, we have no objection to granting
this variance. Thank you. Does the board have any questions yet? No. No. Excuse me, Madam Chair.
We have slown folks with this hand up. Okay. You've been unmuted. Please unmute yourself.
Raising their hand so late. I'm sorry. I'm sorry, Madam Vice Chair. My hand was
raised for a while i hit the button to unraise it and had to re-raise it so that's okay your hand
was frozen uh sloan folks office slo and the fs and fire olks office of council and maria
sanchez from 508 city hall okay the applicant having met with the uh coordinating rco and
receiving a letter of support uh the councilman has no um has um has no opposition to this
request thank you thank you calendar number 2676 2238 north 2nd street my vote is yes
my vote is yes my vote is yes my vote is yes thank you have a good afternoon everyone
thank you you as well
calendar number 2992 239 south 10th street
i've just promoted david orphanetes to panelists you may unmute yourself sir
hello everybody i'm mr orphanetes can you put your name and address on the record and then
i'll swear you in certainly david orphanetes orphanetes and toner to penn center 1500 john
on F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.
Thank you.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you agree to wave and stiff?
And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,
proof, photos, and or plans of the property five days in advance of this hearing?
And have you met with the RCO?
And do you have a letter?
Yes, yes, and yes.
Thank you. You may proceed.
Okay. So again, my name is David Orfanides. I am here this afternoon appearing before the board
representing Cloudline Physical Therapy, LLC. I have my clients with me, Adam Kessel and Brian
If they could possibly be identified and unmuted, they eventually will want to be sworn in and
to adopt my statements while I'm talking.
So let me share my screen, if I may.
can you see my screen no not yet
okay it's up now okay great
so uh the exhibit package that was submitted uh to the board and to the board's attorney
Sharon Soleta, five days in advance of today's hearing, includes the following exhibits.
At the first tab, we have for the occupancy of the ground floor of an existing story structure.
um the existing property and i'm going to jump to tab seven uh is 239 to 41 south 10th street
it's right below locust street right to the south of locust on the east side
the property extends from the east side of south 10th through
we're having a problem
what's that
we're having a problem hearing you
your voice is bouncing and echoing
how's that
sounds good
okay all right here's a view of the property from the east this is the east side of our property
fronting on southdale high street the upper two floors were previously permitted by right
for four residential dwelling units and that was at zoning permit number 809371
at that time that permit indicated that the ground floor was a vacant space with the use
registration required prior to occupancy here's another view of our property from the north
the property is on cmx2 the proposed use which going back to the referral the notice of referral
which was issued on october 16th indicate that the proposed use use which is a mental medical
dental health practitioner group practitioner uh use at the ground or first floor requires a
special exception by the zoning board of adjustment in cmx2 to support that at exhibit 10
i have a copy of the use table 146022 and as you can see under cmx2 which the property is pursuant
to that zoning map you can see down here at the bottom that s is indicated for group practitioners
partners in CMX2. As a special exception, the burden is fairly low on the applicant to establish
some basic criteria, and then the burden shifts to any opposition to overcome that. As you
can see from 14303E, it says we need to establish both the criteria for 14337E.1 and .2, and
And as far as point one, the applicant shall have the initial duty of presenting evidence
and the burden of proof that the proposed use meets the definition of a use permitted
by special exception, and we will get into that.
Essentially, my clients will adopt my statements.
They are presently working as physical therapists here in the Washington Square area for 10 years
and eight years respectively, and they are looking to open their own physical therapy
operation at the address.
in terms of all dimensional standards are satisfied we are not proposing an increase
to the height or area of the building so no additional dimensional issues are triggered
by this application and that the application complies with all criteria meets all the conditions
applicable for the proposed use including applicable use specific standards set forth
in 14603 there are no specific use standards applicable to the proposed use in 14603
In terms of 0.2, 143047E.2, we need to establish a couple things, that the special exception will not cause the following specific detrimental impacts to the neighborhood beyond that, which normally might be expected from the proposed use.
and essentially this is a run-of-the-mill, I hate to say it, but it's a standard physical
therapy operation. It will be exceptional in the fact that it's run and operated by
my clients, but there's nothing unusual about it. As I've indicated here, this is not included
As I've indicated here,
this is not included with my submission.
with my submission.
The proposed hours of operations are Monday through Saturday.
The days, the hours are seven to seven,
Monday through Thursday, seven to three,
Friday and Saturday.
Initially, they will have two practitioners,
my clients, Adam and Brian, with one admin.
The plan is to increase the six full-time practitioners
with two admins within the next three to four weeks.
They'll have a cleaning company
that will come and clean once a week.
trash will be stored and i'll show you in both the floor plans and photos of the interior if you'd
like at the rear of the property there's an existing trash room that serves both the
residential units and will serve this commercial space as well commercial trash pickup can be
either from south delhi or south 10th street whichever is desired no biohazards will be
associated with this proposed use so no need for those collections deliveries will be limited to
about a box of equipment or box of supplies about once a week there is a loading zone i can show you
in the photographs that are included in my exhibit book on the opposite side of south 10th street
right opposite our property south of locust street and that provides for 30 minute loading
monday through saturday from 8 a.m to 10 p.m as i indicated my clients presently work
for physical therapy operations in the Washington Square area.
They plan for some of their clients to come over from their existing clients to come over with them.
Many of them live in the neighborhood.
They expect the lion's share of their clients to be within walking distance of the property.
And so back to the criteria, we don't believe that there will be congestion in the public streets
or transportation systems because of the proposed use.
Again, we anticipate that the lion's share of the clientele will live in the area.
The bus route 12 does run along Locust Street, the third property to the south from Locust.
So the 12 bus does run right there.
You do have parking, as you'll see in the photographs, and as you can see in the aerial photos I've already presented on the opposite side of South 10th Street.
There's also the PATCO stop right there at the corner of 10th and Locust, which I can show you in the photos.
In terms of the overcrowding of land, physically, we're not proposing any change, again, to the height or area of the building.
In terms of overcrowding it with people, I've indicated it's fairly low intensity use in terms of the number of staff that they plan to have on the facility.
Our lease area for the ground floor is about 2,700 square feet, as indicated in the redacted copy of the lease.
That's included at Exhibit 16 of my exhibit book.
So it's a fairly large space, and I can show you photos as well as you'd like.
So, and as you'll see in some simulations that they've produced renderings of the interior,
there's not going to be any overcrowding of the land.
Impairment as an adequate supply, impairment of, impairing an adequate supply of light
and air to adjacent properties, again, no proposed increase to the height or area of
the building, so it's not applicable.