civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

And she's got 4.5 stars out of 5 and 32 reviews, all stellar, explaining the clean, safe, and secure environment that she produces at these birthdays, at these luncheons, at these baby showers, and very small weddings.

Similar wording

So anyway, the table of contents here is we have the referral.

Similar wording

We have the photos of the property.

Similar wording

Exhibit three is the floor plan.

Similar wording

We have exhibit four, which is the RCO letter and the proof of mailing.

Similar wording

We have the zoning poster and the proof of posting.

Similar wording

Exhibit six is our lease.

Similar wording

Exhibit seven is a landlord letter of consent because it's actually a sublease.

Similar wording

We have a signed petition of 37 individuals from the neighborhood in support.

Similar wording

We have the tax clearance and then some overhead views.

Similar wording

Additionally, my client went to business school and created an executive summary for H Services Studios.

Similar wording

So it details her business plan, which is well thought out, well fleshed out, has been doing well for five years, and a financial plan that we submit today as well.

Similar wording

So she is by no means a fly-by-night operation, and it's for the use as special assembly and entertainment.

Similar wording

Of course, we went to the community group and obliged that there would be no nightclub activity, no third-party promoters, no funeral lunches,

Similar wording

because I think some of the folks in the neighbors that met felt that funeral lunches could actually be places where there could be problems.

Similar wording

So we've said no funeral lunches. We'll stick to birthdays, showers, graduations.

Similar wording

There'll be commercial trash pickup. There'll be security lighting and cameras on site security during each and every event, which will be required by contract and booked by the owner.

Similar wording

My client, Ms. Santiago.

Similar wording

This is I mean, if there was ever a place to have a special an event space, it's it's a strip mall.

Similar wording

right uh right off germantown avenue which is a massive commercial corridor there's no impacted

Similar wording

uh community members necessarily here so i mean it shares a strip mall the strip mall is shared

Similar wording

with a hair boss with a wine and spirit store uh with

Similar wording

with a hair boss with a wine and spirit store uh with a thrift shop so and it's a you know in a

Similar wording

very large parking lot by the way which here's the interior layout drawn the scale and and here's

Similar wording

here's a close-up of here's the build here's the strip of buildings here's germantown avenue which

Similar wording

you know is full of commercial uh activity right off of germantown avenue is the curb cut into the

Similar wording

very large parking lot. This is a vacant commercial space here, but then you've got the hair cuttery

Similar wording

place, the wine and spirit shop. You've got the halal restaurant in addition to the thrift store.

Similar wording

And then you would have on this side, this corner right here would be the event space. The event

Similar wording

space, of course, would be in the evening mostly, which means all of these shops, most of these

Similar wording

shops are closed, which would free up all this parking that could be absorbed by any of the

Similar wording

folks who attend the parties in this space. So it was very important to show you the proximity

Similar wording

not only to free off-street parking, but also the proximity to Germantown Avenue.

Similar wording

here is a here is it again here's germantown avenue again full of commercial space here's

Similar wording

the parking lot for the strip mall and this is this this is the unit behind there are no homes

Similar wording

facing uh the back of the property these are all very deep 30 and 40 foot deep yards uh and the

Similar wording

back of people's homes uh where there's a senior center right here on the corner my client's already

Similar wording

engaged with the folks who work there uh they're going to be donating decorations and balloons

Similar wording

and and get involved in the community service there as well so um yeah she's doing everything

Similar wording

she can to ensure that um you know that it's it's run correctly and it's run well the hours

Similar wording

of operation will be no later than 11 pm most of the activity will be on the weekends and um

Similar wording

With that, I just want to show you another aerial view so you can see.

Similar wording

And this is this is during the day. This isn't even a night shot.

Similar wording

This is during the day and there's plenty of available off street parking.

Similar wording

So, again, my client with four and a half star reviews at Google, 32 reviews of her five years of experience,

Similar wording

all submitted into evidence here in addition to the restrictions on the permit that she's

Similar wording

volunteered. I'd like to call her now so that she can demonstrate lastly in her testimony that

Similar wording

this use is A, consistent with the code. That's why a special exception is the only

Similar wording

bar we have to meet and that her history, her reviews and her business plan and financial

Similar wording

pro forma all speak to a business that will be well run, clean, safe and secure and have

Similar wording

no greater impact on the neighboring area than any other use like this one would be

Similar wording

expected to have.

Similar wording

And with that, Helene Santiago, please raise your virtual hand.

Similar wording

I'm here.

Similar wording

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

Similar wording

Helen G. Santiago, H-E-L-E-N-Y-I, last name S-A-N-T-I-A-G-O.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Please proceed, counsel.

Similar wording

Thank you, Mr. Chair.

Similar wording

Ms. Santiago, did you hear my presentation to the board this evening?

Similar wording

Yes, I did.

Similar wording

Is it true and accurate to the best of your knowledge?

Similar wording

Yes.

Similar wording

Do you adopt it as your own testimony?

Similar wording

Yes, I do.

Similar wording

Did you personally circulate that petition and getting 37 immediate neighbors to support this special exception?

Similar wording

Yes, I did.

Similar wording

Thank you very much.

Similar wording

I have nothing further, Mr. Chair.

Similar wording

There may be some witnesses.

Similar wording

They did log on earlier this afternoon.

Similar wording

I'm not quite sure if they're still there.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

no chair questions or comments from our attorney ryan mcsherry no mr chair questions or comments

Similar wording

from the virtual audience i miss i have a handout from charles richardson i've allowed them to speak

Similar wording

okay good afternoon mr richardson just state your name you've already been sworn good afternoon

Similar wording

again, Mr. Chair Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass,

Similar wording

Room 508 City Hall. The Councilwoman is opposed to granting the special exception. This is an

Similar wording

The councilwoman is opposed to granting the special exception. This is an absolutely horrible location for them to try to locate that. That is not a senior center. It's a four story, actually five story senior home. And, you know, just trying to buy them off with regard to, you know, giving them decorations and this type of thing and whatnot.

Similar wording

That is not a reason to grant a special exception. That's a horrible place in that location. There's all kind of gang activity that takes place right there across the street at what used to be the Sugar Shack and right at that location and within that block there on Germantown Avenue.

Similar wording

So, you know, really, there's no real way for her to be able to say how things are going to go because she really doesn't know.

Similar wording

And whatever she's presenting is from other locations and which are not not not this location.

Similar wording

So the councilwoman is opposed and joins with the two RCOs and opposing this special exception.

Similar wording

Mr. Chair, I respect, of course, Mr. Richardson's testimony.

Similar wording

I just need to make sure that it's crystal clear. This is not open to the public.

Similar wording

These are events that are booked through my client, as they are now at different sites.

Similar wording

And her reaching out and building community with the residential facility across the street

Similar wording

was by no means anything more than trying to build a relationship with her immediate neighbor.

Similar wording

Again, I understand that folks are concerned about other criminal activity in the area,

Similar wording

But the standard here is, do the Protestants provide evidence or testimony that demonstrates that this particular use would be a detriment to the community?

Similar wording

And there's, in fact, there is not only no evidence of that, but it's to the contrary, that she's actually going to be improving a site with the work that she does.

Similar wording

What other comments from the virtual audience?

Similar wording

I had a Tori and a Zadie Haag who were supposed to testify.

Similar wording

I'm not quite sure that they are on.

Similar wording

Do we see any other hands?

Similar wording

I have A. Weiss with the hand raised, Allison Weiss.

Similar wording

I haven't allowed them to speak.

Similar wording

Okay, sure.

Similar wording

Ms. Weiss, state your name and spell for the court stenographer.

Similar wording

Allison Weiss, A-double-L-I-S-O-N-W-E-I-S-S.

Similar wording

solo germantown civic association you swear a firm to tell the truth the whole truth nothing

Similar wording

but the truth yes please proceed uh yes uh well you have our letter of opposition and i wanted

Similar wording

to add further to that um that we don't see that the property owner has a active rental license

Similar wording

nor do we see in this case that it's supposedly a sublease and we don't have a letter of permission

Similar wording

from the actual property owner that a sublease is acceptable so we don't know

Similar wording

as opposed to the pretzel company where they have all of these documents we don't see that

Similar wording

that these documents are available for this particular business to be legitimately at this location.

Similar wording

The other thing is we are unsure the way the referral was issued, which space is being rented.

Similar wording

It doesn't identify a space number.

Similar wording

Usually when there's a shopping center, you have space one, two, three or ABC or something indicating that it's not referring to the entire center for the referral.

Similar wording

So that would need to be clarified.

Similar wording

Thank you for calling, Ms. Weiss.

Similar wording

Is there anyone else?

Similar wording

Mr. Chair, I just want to point.

Similar wording

Hold on one minute.

Similar wording

Ms. Weiss, do you have something more?

Similar wording

Yes.

Similar wording

Well, I'm bringing it back.

Similar wording

I'm sorry.

Similar wording

Do you have anything else to add?

Similar wording

Yes.

Similar wording

We have not had an opportunity to look at the petition that was presented to see where these people are in relation to the proposed business.

Similar wording

And this letter from the Nikki group that's being displayed gives permission to the sub, to the current lesser and not the sub lesser.

Similar wording

It gives the permission to the tenant that supposedly Nikki group.

Similar wording

permission to the tenant that supposedly nikki group has and not to the halal

Similar wording

meet which is proposing the sublease so again there's no uh active rental uh that we could

Similar wording

find or on the uh atlas or eclipse that's available to us to look thank you

Similar wording

Could I, Vern, let me see if there's anyone else in the audience.

Similar wording

Sure.

Similar wording

And then you can respond.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yeah, Pamela Bracey has been allowed to speak, sir.

Similar wording

Okay.

Similar wording

Good afternoon.

Similar wording

Hi, could you state your name, please, and spell for the court stenographer?

Similar wording

Yes, Pamela, P-A-M-E-L-A, Bracey, B as in boy, R-A-C-E-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

Are you a neighbor?

Similar wording

I'm a near neighbor. I'm about one block away.

Similar wording

Please proceed. Are you in favor of this or against?

Similar wording

No, I am against this. I don't think that we can not say that the senior citizens that live next door, and they really are next door neighbors, would not be impacted by this.

Similar wording

There's also a sign in the parking lot that says that if you're not participating with those businesses, your car will be towed. That came up at the meeting, community meeting that we had. One of the 49ers mentioned that.

Similar wording

Also, if we want to talk about the violence, we've had a young man who was killed right on that wall with four other young people killed and someone else.

Similar wording

So we know that violence is here, but I don't think that this is a great place.

Similar wording

I'm not saying this young lady has not done great things elsewhere.

Similar wording

I just don't think that this is the place for her business.

Similar wording

But I wish her well.

Similar wording

Thank you, Ms. Bracey.

Similar wording

Thank you.

Similar wording

Do we have any more hands up?

Similar wording

No further, Chair. No further hands, Mr. Chair.

Similar wording

Vern, do you want to comment before we close the planning?

Similar wording

Just a couple of things. The letter that was submitted, I have to object to because it was full of misunderstandings, I'm going to chalk it up to.

Similar wording

The tenant, my client, is the subleasy. She rents the space from the larger tenant of both the restaurant and the empty space.

Similar wording

that's all documented it's submitted here we even submitted a lease to the rco so there is

Similar wording

no question about that not quite sure what kind of rental license they're looking for but you

Similar wording

don't get a residential rental license for commercial space once it's full of course

Similar wording

uh there needs to be you know everything in place for that and she does have to be

Similar wording

she will be subject to a certificate of occupancy again the parking lot is available to the 20 or

Similar wording

so folks or however many people who would be going to a private event at that space it's not

Similar wording

open to the public and the parking lot is available to folks occupying all of the stores on a strip

Similar wording

it's it's a strip mall off of a commercial corridor two doors from a wine and spirit shop

Similar wording

if there was ever a better place to have a small event space it's this space

Similar wording

where it will not impact or overflow from the residential community.

Similar wording

Again, I think based on the financial performa and the executive summary and the reviews and the 37 signatures in support,

Similar wording

I think we have met our burden showing that we would not impact the neighborhood any more than a typical place like this would.

Similar wording

But I do think that there is still zero evidence that this specific applicant, this specific appellant, would operate in a way that would be detrimental to the community.

Similar wording

In fact, no one can make that claim.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Planning Commission.

Similar wording

This is Ron Bednar, City Planning.

Similar wording

The adopted city comprehensive plan recommends no change to the existing CMX 2.5 commercial mixed use at this location.

Similar wording

The proposal will have no more impact than what can reasonably be expected.

Similar wording

Therefore, the Planning Commission recommends that the board grant a special exception.

Similar wording

So MI 2023-005-964-5101 Germantown Avenue, I vote no.

Similar wording

Thomas Holloman, my vote is no.

Similar wording

James Snell, my vote is no.

Similar wording

thank you counsel thank you all right number 17 mi 2024 000 310 1100 south broad street

Similar wording

1100 South Broad Street, Unit 303C.

Similar wording

unit 303 c there's a

Similar wording

There's a letter of opposition from the South Broad Neighborhood Association

Similar wording

and a letter of opposition from Council President Johnson.

Similar wording

The applicant has had the condo association authorize him for short-term rentals.

Similar wording

Hi, Mr. Nockmson. Just state your name, please.

Similar wording

Alan Ockmson. Right. And could you identify your client and relationship to the property?

Similar wording

David Milano, the owner. Okay. And our vice chair has just a few questions.

Similar wording

Good afternoon, counsel. Do you agree to wait to read another refusal or circulate to his accuracy?

Similar wording

I do. Have you emailed them all the required documents and exhibits that is needed

Similar wording

to proceed with this case five days in advance of this hearing? I did.

Similar wording

Thank you. Please proceed to share this from you.

Similar wording

Thank you.

Similar wording

All right. So I'm here to present.

Similar wording

1100 South Broad Street, Unit 303 C.

Similar wording

So this is a unit in the Marine Club, which is a condominium building at Broad in Washington.

Similar wording

So not too far off from Center City, Philadelphia, depending on your definition, Center City, Philadelphia.

Similar wording

It could be even deemed Center City, Philadelphia as we move further and further south.

Similar wording