civus
Hearing video

ZBA Hearing - January 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 20, 20215h 3m

Yes, I do.

Similar wording

Pat, this is Henry Clinton.

Similar wording

You heard my testimony?

Similar wording

Yes.

Similar wording

If you had the opportunity to testify, would you testify as if I did and adopt my testimony as true and correct?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

With that, Madam Chairman, I rest and ask that all my exhibits be introduced into evidence.

Similar wording

Thank you.

Similar wording

Is there anyone else who wants to testify, including representatives of RCOs, council

Similar wording

representatives, council representatives, and members of the public?

Similar wording

I see no hands, Madam Chair.

Similar wording

Okay, Planning Commission.

Similar wording

Good afternoon, Vice Chair Tonari, members of the board.

Similar wording

The Comprehensive Plan recommends this property for commercial mixed-use development.

Similar wording

This proposal is similar to much of the new development on this section of Frankfurt Avenue.

Similar wording

We have no opposition to granting these variances.

Similar wording

Thank you.

Similar wording

Thank you. Did the board have any questions? No. No.

Similar wording

Did the board have any questions?

Similar wording

No.

Similar wording

Calendar number 1844-1538 Frankfurt Avenue. My vote is yes. With revised plans, Madam Chairman.

Similar wording

Two pages. With revised plans consisting of? Two pages. Two pages. Yes, with proviso.

Similar wording

yes with proviso okay we're going to go back to banbury and revote that

Similar wording

thank you madam chairman members of the board good afternoon

Similar wording

sure thank you calendar number 2604 1549 south banbury street my vote is yes with revised plans

Similar wording

consisting of one page yes with proviso yes with proviso yes with proviso

Similar wording

okay

Similar wording

calendar number

Similar wording

2676-2238 North 2nd Street.

Similar wording

Hi, Clementa. Can you put your name and address on the record?

Similar wording

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.

Similar wording

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

Similar wording

I still do, yes.

Similar wording

Thank you.

Similar wording

You may proceed.

Similar wording

Thank you.

Similar wording

okay can everyone see my screen clearly yes perfect so again clemente amazon and i will be

Similar wording

presenting 2238 north 2nd street before you have a packet of materials which include the deed

Similar wording

tax clearance certificate, the notice of refusal, as well as nearby variances that were granted for

Similar wording

similar CMX2 properties, the application for appeal, zoning map, photographs, architectural

Similar wording

plans and drawings, as well as a letter of support from the RCO, North Square Community Association.

Similar wording

So here I have the deed showing that my client owns the property. My client is B2 Properties,

Similar wording

one of the largest residential single family home developers in the city.

Similar wording

They have also been recognized by the Enquirer twice.

Similar wording

Here I have the transfer tax certification

Similar wording

showing that no taxes are owed on the property with the exception of 2021, which is only going

Similar wording

to be due a few months from now. And I have the notice of refusal. So for this particular project,

Similar wording

it is zone CMX2, so we are required to have the commercial used at the ground floor. However,

Similar wording

we are requesting that we have the residential swapped out for commercial. Considering the

Similar wording

characteristic of the block, it is primarily a residential block. In addition, we are looking

Similar wording

to support the commercial corridor on North Front Street. And there have been nearby vanities for

Similar wording

similar projects that were CMX2 and had the residential swapped out for the commercial,

Similar wording

specifically 2204, 2529, 2240, which is actually next door, and 2262 North 2nd Street. All of these

Similar wording

are triplexes and similar in size to our particular project at 2238 North 2nd Street. So it's

Similar wording

primarily a residential block and we are trying to maintain that characteristic and support the

Similar wording

commercial corridor on North Front Street. Here I have the application for appeal, the

Similar wording

notice of refusal, project's information form, zoning map showing that it is CMX2 property

Similar wording

but as I mentioned, it is primarily residential in nature on that particular block. Google

Similar wording

map view of the block. So here we have the front of the property, the view to the right

Similar wording

As you can see, several residential homes along the block.

Similar wording

Views to the left, again, several residential homes through the block.

Similar wording

Here we have the exterior.

Similar wording

The floor plans for this particular project, again, it's three units, so we are only looking to swap.

Similar wording

the floor plans for this particular project again it's three units so we are only looking

Similar wording

to swap out the commercial for residential and the letter of support that we received from the rco

Similar wording

so here i have the notice that we sent out indicating

Similar wording

the date and time and zoom information for the meeting as well as the zba hearing

Similar wording

a list of the properties that we notified

Similar wording

and our reciprocate of mailing so with that i'd be happy to answer any questions that the board

Similar wording

may have does the board have any questions no no is there anyone else who wants to testify

Similar wording

including representative i believe my client should be on the line um bill archer or william archer

Similar wording

yep i'm here clementa perfect bill did you hear everything that i stated today

Similar wording

yes i did and is it true and correct yes and if given the opportunity would you adopt it as

Similar wording

your own testimony yes i would thank you thank you is there anyone else who would like to testify

Similar wording

if there is please raise your hand

Similar wording

i see no hands madam chair planning commission good afternoon david fecto city planning commission

Similar wording

vice chair tenari and members of the board the comprehensive plan recommends this property for

Similar wording

commercial mixed use the zoning for this block dates to 1933 we believe that if the block were

Similar wording

rezoned, the zoning would change to residential. Accordingly, we have no objection to granting

Similar wording

this variance. Thank you. Does the board have any questions yet? No. No. Excuse me, Madam Chair.

Similar wording

We have slown folks with this hand up. Okay. You've been unmuted. Please unmute yourself.

Similar wording

Raising their hand so late. I'm sorry. I'm sorry, Madam Vice Chair. My hand was

Similar wording

raised for a while i hit the button to unraise it and had to re-raise it so that's okay your hand

Similar wording

was frozen uh sloan folks office slo and the fs and fire olks office of council and maria

Similar wording

sanchez from 508 city hall okay the applicant having met with the uh coordinating rco and

Similar wording

receiving a letter of support uh the councilman has no um has um has no opposition to this

Similar wording

request thank you thank you calendar number 2676 2238 north 2nd street my vote is yes

Similar wording

my vote is yes my vote is yes my vote is yes thank you have a good afternoon everyone

Similar wording

thank you you as well

Similar wording

calendar number 2992 239 south 10th street

Similar wording

i've just promoted david orphanetes to panelists you may unmute yourself sir

Similar wording

hello everybody i'm mr orphanetes can you put your name and address on the record and then

Similar wording

i'll swear you in certainly david orphanetes orphanetes and toner to penn center 1500 john

Similar wording

on F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.

Similar wording

Thank you.

Similar wording

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

Similar wording

I do.

Similar wording

Do you agree to wave and stiff?

Similar wording

I do.

Similar wording

And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,

Similar wording

proof, photos, and or plans of the property five days in advance of this hearing?

Similar wording

And have you met with the RCO?

Similar wording

And do you have a letter?

Similar wording

Yes, yes, and yes.

Similar wording

Yes.

Similar wording

Thank you. You may proceed.

Similar wording

Okay. So again, my name is David Orfanides. I am here this afternoon appearing before the board

Similar wording

representing Cloudline Physical Therapy, LLC. I have my clients with me, Adam Kessel and Brian

Similar wording

If they could possibly be identified and unmuted, they eventually will want to be sworn in and

Similar wording

to adopt my statements while I'm talking.

Similar wording

So let me share my screen, if I may.

Similar wording

Bye.

Similar wording

can you see my screen no not yet

Similar wording

okay it's up now okay great

Similar wording

so uh the exhibit package that was submitted uh to the board and to the board's attorney

Similar wording

Sharon Soleta, five days in advance of today's hearing, includes the following exhibits.

Similar wording

At the first tab, we have for the occupancy of the ground floor of an existing story structure.

Similar wording

um the existing property and i'm going to jump to tab seven uh is 239 to 41 south 10th street

Similar wording

it's right below locust street right to the south of locust on the east side

Similar wording

the property extends from the east side of south 10th through

Similar wording

we're having a problem

Similar wording

what's that

Similar wording

we're having a problem hearing you

Similar wording

your voice is bouncing and echoing

Similar wording

how's that

Similar wording

sounds good

Similar wording

okay all right here's a view of the property from the east this is the east side of our property

Similar wording

fronting on southdale high street the upper two floors were previously permitted by right

Similar wording

for four residential dwelling units and that was at zoning permit number 809371

Similar wording

at that time that permit indicated that the ground floor was a vacant space with the use

Similar wording

registration required prior to occupancy here's another view of our property from the north

Similar wording

the property is on cmx2 the proposed use which going back to the referral the notice of referral

Similar wording

which was issued on october 16th indicate that the proposed use use which is a mental medical

Similar wording

dental health practitioner group practitioner uh use at the ground or first floor requires a

Similar wording

special exception by the zoning board of adjustment in cmx2 to support that at exhibit 10

Similar wording

i have a copy of the use table 146022 and as you can see under cmx2 which the property is pursuant

Similar wording

to that zoning map you can see down here at the bottom that s is indicated for group practitioners

Similar wording

partners in CMX2. As a special exception, the burden is fairly low on the applicant to establish

Similar wording

some basic criteria, and then the burden shifts to any opposition to overcome that. As you

Similar wording

can see from 14303E, it says we need to establish both the criteria for 14337E.1 and .2, and

Similar wording

And as far as point one, the applicant shall have the initial duty of presenting evidence

Similar wording

and the burden of proof that the proposed use meets the definition of a use permitted

Similar wording

by special exception, and we will get into that.

Similar wording

Essentially, my clients will adopt my statements.

Similar wording

They are presently working as physical therapists here in the Washington Square area for 10 years

Similar wording

and eight years respectively, and they are looking to open their own physical therapy

Similar wording

operation at the address.

Similar wording

in terms of all dimensional standards are satisfied we are not proposing an increase

Similar wording

to the height or area of the building so no additional dimensional issues are triggered

Similar wording

by this application and that the application complies with all criteria meets all the conditions

Similar wording

applicable for the proposed use including applicable use specific standards set forth

Similar wording

in 14603 there are no specific use standards applicable to the proposed use in 14603

Similar wording

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.

Similar wording

and essentially this is a run-of-the-mill, I hate to say it, but it's a standard physical

Similar wording

therapy operation. It will be exceptional in the fact that it's run and operated by

Similar wording

my clients, but there's nothing unusual about it. As I've indicated here, this is not included

Similar wording

As I've indicated here,

Similar wording

this is not included with my submission.

Similar wording

with my submission.

Similar wording

The proposed hours of operations are Monday through Saturday.

Similar wording

The days, the hours are seven to seven,

Similar wording

Monday through Thursday, seven to three,

Similar wording

Friday and Saturday.

Similar wording

Initially, they will have two practitioners,

Similar wording

my clients, Adam and Brian, with one admin.

Similar wording

The plan is to increase the six full-time practitioners

Similar wording

with two admins within the next three to four weeks.

Similar wording

They'll have a cleaning company

Similar wording

that will come and clean once a week.

Similar wording

trash will be stored and i'll show you in both the floor plans and photos of the interior if you'd

Similar wording

like at the rear of the property there's an existing trash room that serves both the

Similar wording

residential units and will serve this commercial space as well commercial trash pickup can be

Similar wording

either from south delhi or south 10th street whichever is desired no biohazards will be

Similar wording

associated with this proposed use so no need for those collections deliveries will be limited to

Similar wording

about a box of equipment or box of supplies about once a week there is a loading zone i can show you

Similar wording

in the photographs that are included in my exhibit book on the opposite side of south 10th street

Similar wording

right opposite our property south of locust street and that provides for 30 minute loading

Similar wording

monday through saturday from 8 a.m to 10 p.m as i indicated my clients presently work

Similar wording

for physical therapy operations in the Washington Square area.

Similar wording

They plan for some of their clients to come over from their existing clients to come over with them.

Similar wording

Many of them live in the neighborhood.

Similar wording

They expect the lion's share of their clients to be within walking distance of the property.

Similar wording

And so back to the criteria, we don't believe that there will be congestion in the public streets

Similar wording

or transportation systems because of the proposed use.

Similar wording

Again, we anticipate that the lion's share of the clientele will live in the area.

Similar wording

The bus route 12 does run along Locust Street, the third property to the south from Locust.

Similar wording

So the 12 bus does run right there.

Similar wording

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.

Similar wording

There's also the PATCO stop right there at the corner of 10th and Locust, which I can show you in the photos.

Similar wording

In terms of the overcrowding of land, physically, we're not proposing any change, again, to the height or area of the building.

Similar wording

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.

Similar wording

Our lease area for the ground floor is about 2,700 square feet, as indicated in the redacted copy of the lease.

Similar wording

That's included at Exhibit 16 of my exhibit book.

Similar wording

So it's a fairly large space, and I can show you photos as well as you'd like.

Similar wording

So, and as you'll see in some simulations that they've produced renderings of the interior,

Similar wording

there's not going to be any overcrowding of the land.

Similar wording

Impairment as an adequate supply, impairment of, impairing an adequate supply of light

Similar wording

and air to adjacent properties, again, no proposed increase to the height or area of

Similar wording

the building, so it's not applicable.

Similar wording