civus
Hearing video

ZBA Hearing - March 27, 2024

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

that we have put on the front and on the side of our house that are street-facing.

Similar wording

This property is at the corner of 700 and Rodman Street.

Similar wording

700 and Rodman Street and the maybe I should go straight to the press

Similar wording

okay so here's the picture of the gate the property has the corner of 7th

Similar wording

Street and Rodman Street Rodman Street is between Lombard and South Street so

Similar wording

it's in Washington Square West. This is a view of the back of our property with

Similar wording

the gate in question and then this is the view of our street and we can see

Similar wording

that there is another there is another gate on the first half of our street

Similar wording

that is exactly like ours and if we look from the from 8th Street we see that

Similar wording

there are another three, can people see my pointers? Yeah we see it, yep. Okay so

Similar wording

So one, two, three, which are all about the same height, which is about nine feet.

Similar wording

So we believe that there is precedent for our gate.

Similar wording

And that's why we seek the exception.

Similar wording

And you went to the RCO meeting, right?

Similar wording

Yes.

Similar wording

They have not sent a letter, I understand.

Similar wording

but Council Member Squilla has sent a letter of non-opposition.

Similar wording

Is that correct?

Similar wording

Not to me.

Similar wording

Did he send it to you?

Similar wording

Yeah, we have a letter of non-opposition from Council Member Squilla.

Similar wording

Mr. Chair, this is Board Counsel Ryan McSherry.

Similar wording

We did just this afternoon receive a letter from the Washington Square West Civic Association

Similar wording

indicating they did not impose the requested variance.

Similar wording

Oh, good.

Similar wording

they made a decision on the uh march 12th meeting of the board of directors thank you very much

Similar wording

all right so washington square west is not against you and the council members are not

Similar wording

opposition to okay so questions from the board oh no miss no chair no mr chairman

Similar wording

questions or comments from our attorney nothing further mr chair okay questions or comments from

Similar wording

the virtual audience. I do not see any hands, Mr. Chair. Planning Commission. This is Ron Bednar,

Similar wording

City Planning. Property is indicated for residential use on a city plan. The applicant's

Similar wording

hardship is self-imposed with no evidence of unique physical circumstances that were prevented

Similar wording

from being used in conformity with the strict fence height code requirements of the code.

Similar wording

we recommend the request of variance not be one thank you so mi 2023 006 394 700 rodman street

Similar wording

i vote yes thomas holloman my vote is yes mr mal shaheed my vote is yes you have your votes

Similar wording

thank you for thank you okay number six mi2023 006 410 63 23 vine street tamika mccoy is the

Similar wording

attorney um letter of support from hmc squared community association

Similar wording

so we were joining as a panelist okay thank you good afternoon hi could you just

Similar wording

i swore you earlier this morning all right we had a couple yes okay so just state your name

Similar wording

for the record sure tamika mccoy mc capital k o y and can you tell us who your client is

Similar wording

the relationship to the property? Yes, sure. I represent a Ms. Salam, who is the tenant for

Similar wording

the property. The property is owned by Jose Cruz. I also represent Mr. Cruz. They're consistent with

Similar wording

this application. Okay. And our vice chair has a few questions for you.

Similar wording

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

Similar wording

Yes, I agree.

Similar wording

Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

Similar wording

Yes, I have.

Similar wording

All right. Thank you, counsel. Please proceed and share your screen.

Similar wording

Thank you. This is the application for 6323 Vine Street.

Similar wording

The property has always been used for commercial purposes.

Similar wording

It had previously been used as a medical office.

Similar wording

I am showing you the zoning refusal, and on it, it shows a history of the use.

Similar wording

zoning refusal and on it it shows a history of the uses for the property previously so it looks

Similar wording

as if it was always a commercial space at one point it was a retail store converted to a family

Similar wording

medical practice and then continuation for a doctor's office from 93 through 2003 to the

Similar wording

present. The request is that the use remains commercial, however, be used for a child care

Similar wording

center. A photograph of the property depicts that it's a corner property that is a one-story unit.

Similar wording

There are views that shows basically the frontal view. This would be looking across

Similar wording

Vine Street. The next photo is a photograph looking to the right of the building,

Similar wording

looking down Vine Street going towards 63rd. The next photo shows Vine Street going back towards

Similar wording

61st. This photograph depicts the rear of the building, and the next photograph basically

Similar wording

shows the side view of the building. If we were to zoom out, what you would see to the far end

Similar wording

would be essentially a exit door that's depicted here on these drawings. So this is a first floor

Similar wording

plan. It has a entrance and exit here. There's also an emergency exit on the one level structure.

Similar wording

essentially there's an open area and it's contemplated to have a handicap accessible

Similar wording

sized bathroom for changing tables and so forth. Ms. Salam who is the tenant and would be the

Similar wording

proprietor for the daycares called Auntie's Care Garden has been in the care service industry

Similar wording

since 2004, first working with Nelson's Academy and then with Aaliyah's Little People and has

Similar wording

been basically in this industry for several years where she has several certifications

Similar wording

for daycare kinds of services. Her daycare is going to be essentially focusing on children

Similar wording

with developmental disorders, including autism. She does have special certifications for taking

Similar wording

care of children with those kinds of afflictions. The ages for the children that she will be taking

Similar wording

care of is six months to five-year-old, and she has not done any of the renovations or

Similar wording

basically customizations yet to the property because she was waiting to get through

Similar wording

and approved for this zoning process, but what she does contemplate is using a lot of paint,

Similar wording

getting a new sign, and essentially making it kid-friendly in terms of its appearance and

Similar wording

appeal. The required space of use is one that would not impinge or have a detrimental impact

Similar wording

on any of the neighbors. There would be no negative impact regarding parking, overcrowding

Similar wording

in the area and there would be no impairment regarding light or air to any of the adjacent

Similar wording

property and it would not impact the usage for any of the adjacent properties. I'm going back

Similar wording

to the actual drawing because the drawing shows an area in the rear of the building that right

Similar wording

now is essentially a yard. You can see a part of it here that ultimately would be fenced in

Similar wording

so that it could be an outdoor play space for the children to be able to utilize right now

Similar wording

there's no fence around the garden area but there is contemplated a fence would go there

Similar wording

the garden area though is surrounded by a cement um i guess barrier or step and so that would be

Similar wording

basically used as a demarcation of where the fencing would ultimately go. With regard to the

Similar wording

other submissions, I have here a copy of the deed showing proof of ownership by Mr. Jose Cruz. This

Similar wording

is a copy of the lease between Mr. Cruz and Ms. Salam. We also have notifications that went out

Similar wording

to all of the area residents that would be impacted. There were 64 that were sent out.

Similar wording

The addresses are here.

Similar wording

There was also an RCO meeting in which there were no oppositions to the requested use.

Similar wording

There were no oppositions to the requested use.

Similar wording

The RCO essentially is HMC squared, and they do support use of the premises for the daycare.

Similar wording

We also have proof that the taxes have been paid in full, which I'm showing here,

Similar wording

that the location essentially

Similar wording

has satisfied all of its

Similar wording

tax obligations.

Similar wording

And with that, Your Honor, I would like to

Similar wording

present Ms. Salaam

Similar wording

to adopt the testimony

Similar wording

presented.

Similar wording

They've been

Similar wording

allowed to speak.

Similar wording

Ms. Salaam,

Similar wording

Ms. Salaam, could you state

Similar wording

your name and spell it, please,

Similar wording

for the sonography?

Similar wording

Rekai,

Similar wording

sorry excuse me rakaia and do salam r-u-q-a-y-a-a-b-d-u-s hyphen s-a-l-a-a-m

Similar wording

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

Similar wording

yes please proceed counsel thank you miss salam the information that had been presented to

Similar wording

THE BOARD. DID YOU HEAR IT IN ITS COMPLETENESS? YES.

Similar wording

AND WOULD YOU ADOPT IT AS YOUR OWN TESTIMONY IF YOU WERE PRESENTED WITH QUESTIONS THAT

Similar wording

PERTAIN TO THOSE ITEMS THAT HAVE BEEN PRESENTED? YES. DO YOU HAVE ANY MODIFICATIONS, ADDITIONS,

Similar wording

OR CORRECTIONS FOR THE BOARD? NOT ADDITIONS. I WOULD SUBMIT WITH THAT.

Similar wording

Thank you. Questions from the board? No, Mr. Chairman.

Similar wording

Questions from our attorney, Ryan McSherry?

Similar wording

Yes, Mr. Chair, I just have one note here just for the record regarding that this may be missing refusal for accessory parking spaces.

Similar wording

One space per 1,000 square feet is required in the RSA 3 zoning district.

Similar wording

And that's just for the record, am I correct?

Similar wording

That's correct.

Similar wording

Okay, thank you.

Similar wording

Questions or comments from the virtual audience?

Similar wording

You do not see any further hands, Mr. Chair.

Similar wording

Hi, Planning Commission.

Similar wording

This is Ron Bednar, City Planning.

Similar wording

While his property is currently indicated for residential on the city plan,

Similar wording

given the physical locations and site use history,

Similar wording

we recommend the request of management grant.

Similar wording

Thank you.

Similar wording

MI 2023-006-410-6323 Vine Street,

Similar wording

I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you.

Similar wording

You have your votes.

Similar wording

Thank you very much.

Similar wording

Have a good evening.

Similar wording

Okay, good.

Similar wording

So, number nine, MI 2023-006-418-4855 North 9th Street.

Similar wording

Thomas Kenney is the attorney.

Similar wording

uh councilwoman bass has taken a position of non-opposition recommendation of support

Similar wording

from the logan civic association vote was unanimous

Similar wording

coming back in as a panel sir okay

Similar wording

good evening council good evening

Similar wording

as chairman and esteem board.

Similar wording

Could you state your name

Similar wording

and spell it for the court stenographer?

Similar wording

Yes, it's Thomas Kenney,

Similar wording

bar number 77611,

Similar wording

K-E-N-N-Y.

Similar wording

Right.

Similar wording

Do you swear or affirm

Similar wording

to tell the truth,

Similar wording

the whole truth,

Similar wording

and nothing but the truth?

Similar wording

I do, sir.

Similar wording

I would also ask

Similar wording

my paralegal, Jacob Reeder,

Similar wording

who's on this session,

Similar wording

if he can be allowed access

Similar wording

so he can pull the documents up for us.

Similar wording

Yeah, we'll do that.

Similar wording

But first of all,

Similar wording

is, could you identify your client and their relationship to this property?

Similar wording

Yes, sir. My client is also present. He is Dr. Adebemiro, and he is the owner of the property.

Similar wording

Okay. And our vice chair has a few questions.

Similar wording

Good afternoon, counsel. Do you agree to read the reading of the refusal or stipulate to its

Similar wording

adequacy? I do, sir. Have you emailed in all of the

Similar wording

required documents and exhibits that is needed to proceed with this case

Similar wording

by being the offense of this hearing.

Similar wording

Well, yes, I thought I had, but your esteemed board sent me a note today

Similar wording

we had to resend over.

Similar wording

We gave the wrong deed.

Similar wording

So now today we sent over the actual deed,

Similar wording

and we also have a letter from Honorable Councilwoman Bass

Similar wording

saying there's no opposition.

Similar wording

We submitted that as well.

Similar wording

But otherwise, we've sent everything last week.

Similar wording

I believe our ZBA council have received that as of now.

Similar wording

I believe our ZBA council

Similar wording

has received that as of now.

Similar wording

Please proceed to share your screen.

Similar wording

Please proceed and share your screen.

Similar wording

Thank you very much.

Similar wording

Can we make sure that his paralegal is promoted so that they can work, I guess, the computer screen?

Similar wording

Is that what you want?

Similar wording

Yes, sir.

Similar wording

Okay.

Similar wording

They've been promoted as well.

Similar wording

Thank you.

Similar wording

We won't swear him because all he does is do the screen for you.

Similar wording

You do all the testing.

Similar wording

And he's quite, he's quite helpful for us since I, I'm an old person.

Similar wording

They believe the honorable word. We, we believe this case should be pretty straightforward,

Similar wording

but what we have here is going through it first or the deed showing my client owns the property.

Similar wording

He is the 100% shareholder of Phoenix LLC. I should say, I should say member.

Similar wording

He purchased the property.

Similar wording

He's actually also a physician down here at Jefferson Hospital.

Similar wording

He is a graduate of Yale University.

Similar wording