civus
Hearing audio

ZBA Hearing - April 8, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 8, 20266h 12m

No, he does not.

Similar wording

Okay. And the landlord sent a letter to you. Is that, is that the email that you received

Similar wording

from the landlord?

Similar wording

yes that is and there it says that you have exclusive right to both the parking lot associated

Similar wording

with this uh a piece of real estate and uh full availability of the dumpster for the trash to be

Similar wording

shared with the other commercial spaces on the space in the area right yes and the other commercial

Similar wording

spaces mr chair members of the board are a vape shop a beer distributor uh so this is certainly

Similar wording

an upgrade uh and so it's actually something that's a little bit more uh for the community

Similar wording

not necessarily being placed on the community okay um questions from the board where is the

Similar wording

associated parking lot in relation to the commercial space it's in the front christina

Similar wording

please yes so it's in the front um it's about from that photo that was up there about maybe

Similar wording

four spaces down um if you go yeah right there so ashley if you see where that blue um outline

Similar wording

is at on that first image the parking lot is yep if you yeah like keep going down a little bit more

Similar wording

where the cars are parked right there that's the parking lot this is the parking lot buildings

Similar wording

down the one the one behind the building that's correct and then how do that's only for commercial

Similar wording

tenants no residential tenants can park there and that's accessed off 72nd street so it would be the

Similar wording

i'm not sure yes parking lot in the front um about the third building down is where the parking lot

Similar wording

starts to um begin here yeah okay here oh right here how do you how do you get from the how do

Similar wording

you get from the parking lot to the the front door to your unit yeah you just walk it's a sidewalk

Similar wording

okay so the parking lot in the rear is not for um visitors that's not the parking lot we would

Similar wording

be utilizing it would be the one in the front right here okay gotcha so they park here this

Similar wording

is not for any of the residents this is just for the commercial space and as we all know uh you know

Similar wording

vape shops don't don't stay open very late i think the beer distributor might be open until about nine

Similar wording

or ten um and this is what the space would be they're open seven days a week six days a week

Similar wording

my client would have space you know two or three days a week tops her lease is for four years

Similar wording

to be even more reasonable she's just asking for a four-year a special exception to be sunset after

Similar wording

the end of the end of the lease she wouldn't want to vacate the space and have the special exception

Similar wording

run with it because obviously anybody could have any kind of event space that they'd like

Similar wording

uh that would be a little different than what she's proposing today did you say the landlord

Similar wording

was the same landlord for the rent for the uh uh residential units above or no no they're different

Similar wording

they're different oh yeah yeah yeah because it's condoed letter from the from the uh landlord of

Similar wording

the residence no we had a um there were no no one expressed any uh concern as far as with the

Similar wording

residents you know because again noise mitigation uh limited hours uh limited days of the week

Similar wording

would have very little impact on on the residents yeah what about the rco since the rco is in

Similar wording

on on the residents yeah what about the rco since our shows in opposition what happened at the rco

Similar wording

opposition what happened at the rco

Similar wording

meeting well the rco meeting was pretty much uh taken by uh there's an organization called orc

Similar wording

orca i think yep uh they happen to have uh you know they're an interested party because they

Similar wording

happen to have event space they had an event space across the street uh they have a event space five

Similar wording

minutes from this site so i i think they believe that this might be some sort of competition it

Similar wording

will not be uh you know their event space is parties um this is not what christina is planning

Similar wording

on doing not at all um but uh you know the landlord did make sure that we addressed every

Similar wording

issue with respect to parking with respect to trash uh she's committed to the noise mitigation

Similar wording

and as you know so long as we we do that and her and her mother are long time members of this

Similar wording

community um she's been a realtor in the in the neighborhood and you can speak to that christina

Similar wording

My mom has been a realtor in the community. She worked across the street from where this event

Similar wording

space would be opening up at for many years. I don't want to say how many years, but I know

Similar wording

she was there for many years. She also worked at the restaurant. It was a popular restaurant

Similar wording

called Relish Restaurant that used to be there. She worked there as well for, I believe, four or

Similar wording

five years as well. So she's been very used to the community. There's also an event space right

Similar wording

behind already that's been used with no incident, absolutely zero incident. So the space, the vision

Similar wording

is kind of to create a beautiful upscale boutique event space, feels elegant and welcoming. They

Similar wording

plan to upgrade the suite with porcelain flooring, crystal chandeliers, new ceiling tiles, other nice

Similar wording

touches so it becomes a real asset to the block instead of just sitting vacant. Space will be

Similar wording

used as she said for community meetings and workshops churches and faith-based gatherings

Similar wording

book signings networking events repasts milestone celebrations senior events youth workshops and

Similar wording

things like holiday toy drives this yeah i don't how but how do how do if we were to agree with

Similar wording

this i don't know how we um uh you know commit to the space being used that way and not being

Similar wording

used another way you know what i mean i don't think there's a proviso that we can provide them

Similar wording

that you can't have a party in an event space i don't know that's true i would also argue that

Similar wording

some repasses are parties they can be yeah yeah they certainly can but that's not what christina's

Similar wording

plan is i feel like like you know like again uh it's it's a modest space 45 people it's it's you

Similar wording

know uh and christina's she's explained her vision but yes of course especially if you go to new

Similar wording

orleans lots of repasses any other questions i have two more i have two more questions actually

Similar wording

you'll you'll have an opportunity uh i think my my first question is about deliveries because

Similar wording

knowing that now there's the two different parking lots how do you plan to manage deliveries drop

Similar wording

off because the you've got a variety of events here i'm assuming you're going to need a furniture

Similar wording

you know you're going to have load in and load out for event purposes and where do you intend

Similar wording

for that to happen so the type of events we're doing we're not really um anticipating like large

Similar wording

scale deliveries um we already work time by supplying tables and chairs they're staying

Similar wording

within the space we also have a basement as well you do have a basement okay yeah so we can store

Similar wording

things down there as well so anything that someone would need to use would already be within the

Similar wording

space that we wouldn't be having large scale deliveries dropping things off and then my second

Similar wording

question is related to this parking because i know you mentioned a few of the tenants are the few of

Similar wording

other tenants but like looking at this there's about 11 tenants that are underneath that

Similar wording

residential building and then you've got ogons plaza where there's some other bigger there's

Similar wording

like another what 11 to 15 tenants including uh pin dot center and including a wine and spirits

Similar wording

which i would consider have like much larger uses so are they all sharing that one lot

Similar wording

we all are sure you're all sharing that one dot does close i believe at four o'clock

Similar wording

wine and spares, I think they close at 9 or 10 o'clock, but a lot of other spaces are

Similar wording

vacant spaces. There's not a lot of other businesses in that lot, maybe three or four

Similar wording

other ones. Oh, really? Yeah. Because on Google, it looks like everyone was full.

Similar wording

Yeah. Not that I'm aware of that they're all full. Not that some are open. I mean,

Similar wording

I know some of them are available for leasing as well. So, and I know the parking lot does

Similar wording

hold 60 spaces. So, we were thinking like outside of the hours that we would choose

Similar wording

to probably have anything there it shouldn't the parking lot wouldn't be utilized as much as it

Similar wording

would be maybe earlier in the daytime for other businesses but also i want to i've already moved

Similar wording

this into evidence earlier april 3rd letter from the landlord uh it says here that the uh

Similar wording

he's of course supporting this use you know obviously because it's uh the endorsement

Similar wording

The endorsement is granted with the understanding that all applicable regulations and community interests will be respected throughout the process.

Similar wording

is granted with the understanding that all applicable regulations and community interests

Similar wording

We'll be.

Similar wording

The condominium documents for the reference property clearly state, quote, all units are unrestricted as to use.

Similar wording

There was a question as to whether this use could be consistent with the condominium documents.

Similar wording

Obviously, this letter provides that, you know, refutes that it in fact is with no right of approval given to the condominium board or any other tenants in the building.

Similar wording

So this use does not have to go before any board. This will be the final say here today.

Similar wording

In addition, the tenant has stated the type of events they plan to host will not be noisy or offensive to other tenants in the building.

Similar wording

Rather, they will be low-impact events.

Similar wording

Pursuant to the terms of the lease, the tenants are prohibited from producing sounds that are audible beyond the confines of the premises

Similar wording

and will comply at its own expense with all ordinances and laws,

Similar wording

all regulations of government and authorities and all sound mitigation and he's confident that

Similar wording

it'll be an asset and it goes on and i've moved that into evidence i just needed to make sure

Similar wording

that you understood we have a plan we've uh we of course there's always concerns with a new

Similar wording

commercial so you agreeable with like a temporary variance you were saying absolutely absolutely

Similar wording

temporary variance we've got the parking and the questions and the trash yes okay um when you talk

Similar wording

about these different events i didn't hear much about uh food services so what are we talking

Similar wording

about with respect to those like some of them you're talking about community meetings and things

Similar wording

like that then others you've been talking about maybe repast and things like that so how are we

Similar wording

handling that and is there other facilities in there to handle uh there's a kitchenette

Similar wording

kind of kitchenette yeah so there is a small kitchenette in there um that would be able to

Similar wording

be utilized for any prepping of food there's not a full-scale kitchen so there's no cooking

Similar wording

that would be allowed in the premises at all um but if they just wanted to like have food

Similar wording

like presented on the counter or something like that or prep a salad or something it would be

Similar wording

space for that um outside of that we're not supplying food it's not it's not a commercial

Similar wording

kitchen and there will be zero cooking on the primary at least at least there's a place where

Similar wording

you can clean it uh that is what's my next question yes so there's there's uh some kind

Similar wording

of sink and water facility so that you can bring i can bring the plan oh yes yes okay all right

Similar wording

thank you any other questions yeah real quick have you run to places like this before so i've been

Similar wording

i actually have a friend who owns an event space um so i've been talking to her i have not personally

Similar wording

granted, but I've been in conversation with her for the last five years. So I know like a lot of

Similar wording

what she's experienced, she's been able to walk me through a lot of her pitfalls and challenges

Similar wording

and things that she's changed. She actually was the one who initially when I had the idea who

Similar wording

suggested not to get into the parties because she saw that it would be better and probably a little

Similar wording

bit more manageable doing other type of events. So that's why I'm not trying to really get into

Similar wording

like the party aspect of it as much, but I haven't personally read it. And I've also was part of a

Similar wording

mentorship program for six months that I paid money into by some, it was ran by someone who

Similar wording

actually also operates events basis on a large scale. And they, during that mentorship, went

Similar wording

through like all the processes of how to open one, how to legally run one, a lot of the pros

Similar wording

and cons of how to run one and be successful with it. Okay. Questions or comments from our attorney?

Similar wording

Not at this time, Mr. Chair. Could you do me a favor? Could you take a seat in the back a minute?

Similar wording

Questions or comments from the virtual audience?

Similar wording

Yes, we have a hand up from a Kimberly West Brown.

Similar wording

No, I have two in the audience here first.

Similar wording

I'm going to do the audience here first.

Similar wording

Okay, ma'am, want to come up?

Similar wording

Good morning.

Similar wording

Make sure the mic is closed if you can, okay?

Similar wording

Could you state your name and spell for the stenographer?

Similar wording

Christine.

Similar wording

davis c-h-r-i-s-t-i-n-e right davis d-a-v-i-s do you swear or affirm to tell the truth the whole

Similar wording

truth nothing but the truth yes are you a neighbor yes please proceed well the neighbors

Similar wording

are expressing concerns regarding one of the main issues is parking.

Similar wording

We have a senior citizen's center less than a block away.

Similar wording

The traffic is a serious issue.

Similar wording

Now, they say they have parking.

Similar wording

that parking lot that they're talking about is full okay my house

Similar wording

is full okay my house is right around the corner from here

Similar wording

you can't get a parking spot over there in that lot

Similar wording

the area that they're talking about it could bring a lot of negative traffic

Similar wording

or not a lot of negative um they start off with events they always do

Similar wording

We don't want, I'm trying to be nice about, but straight up, we don't want no negative foolishness in that area. The corners are already loaded. The traffic is loaded. The neighbors do not want them parking in our driveway.

Similar wording

and if you've been to events when they come to events they're going to park anywhere that they

Similar wording

want and we won't be able to get into our garages or our driveways we don't want this event center

Similar wording

all right and there's just no parking the senior citizens come around now when they get ready to go

Similar wording

to the um senior citizen zone they parked on our streets when we come home there's no parking i'm

Similar wording

fortunate enough to have a garage but they're gonna trust me they're gonna come in that driveway

Similar wording

and park all right i i we would we respectfully ask you not to allow this burn do you have any

Similar wording

questions just one ma'am are you aware of the event space that is right behind this site this

Similar wording

that yeah okay thank you all right thank you do you want to please come up

Similar wording

good morning good morning mr chair and good morning could you um state your name and spell

Similar wording

for this stenographer absolutely my name is kimberly lloyd k-i-m-b-e-r-l-y lloyd l-l-o-y-d

Similar wording

you swear or affirm to tell the truth the whole truth nothing but the truth i do are you a neighbor

Similar wording

i am a uh president of the uh community development corporation called ogans avenue

Similar wording

revitalization court known as orc yeah and i am also president of in ogance hall investors

Similar wording

which is the majority owner of the condominium association of which uh this project this unit

Similar wording

is a part of why don't you start your testimony absolutely so first and foremost i'd like to note

Similar wording

that proper notice was not given to the community nor to the condominium association

Similar wording

secondly the condominium association of which we are 78 percent owners and to this current landlord

Similar wording

orders 22% never notified us of this particular project number three the condominium document

Similar wording

which is a recorded document in this project was developed redeveloped as a low-income housing tax

Similar wording

credit project with commercial space on the first floor in 1990 and this is a recorded

Similar wording

document with the city of Philadelphia there are use restrictions in regards to every commercial

Similar wording

unit in this condominium association the restricted usage is a adult bookstore adult video store

Similar wording

massage parlors taverns discotheque video amusement arcades and our pawn shops so quite a bit of what

Similar wording

this potential tenant has indicated that they were due is a use restriction to the condominium

Similar wording

association the other issue is the trash as previously noted by the resident so every

Similar wording

tenant has to have its own medallion uh i met with the potent the tenant regarding this project

Similar wording

the issue was was that one there's no parking as noted this is that parking lot is occupied by

Similar wording

people who are going to pendot fine wine of spirits or any of the other shops that are along

Similar wording

that corridor from the 7100 block to um uh to the corner that sits where the gulf is

Similar wording

the other issue is that there's no place for them to put a trash receptacle uh we get a lot of

Similar wording

notices about illegal dumping and in talking with the tenants they did not know that process of

Similar wording

getting a receptacle for trash. The other issue is the cars. Ogons Avenue is the gateway into

Similar wording

Philadelphia. There is no place to park on Ogons Avenue. There's no place to park behind Ogons

Similar wording

Avenue. Typically, the residents are in that area. They rarely move their cars. The apartment

Similar wording

building that is above is mainly a senior housing project. For any type of noise that to filter up,

Similar wording

For any type of noise that to filter up, and this is quiet enjoyment, as according to the condominium document, is to be enjoyed by the residents.

Similar wording

And this is quite enjoyment as a court.

Similar wording

And so to have something such as that would be, again, an issue in regards to the apartment renters who are above.

Similar wording

And we have individuals who have been in these units for over 15 years.

Similar wording

The other issue is that the tenant, when they met with me, expressed that their monthly rent is $4,000.

Similar wording

$4,000. By the way, nothing that has come out of this witness so far is even relevant.

Similar wording

Say that again, the rent? Yes. It was indicated to me by the tenants

Similar wording

that the rent is $4,000 for this property. It's not even relevant.

Similar wording

I understand. The reason why it's relevant is because to meet their rental obligations

Similar wording

that they will not be able to make money off the uses that they're currently indicating

Similar wording

for this project. We appreciate Madam President's business acumen, but I think my client knows what

Similar wording

she's doing. Okay. Okay. In addition to that, I just want to note something that was noted by

Similar wording

the attorney. So ORC does not own the rental space across the street. The rental space across the

Similar wording

street is owned by Maine Development. Maine Development, it used to be a Ogon's Realty.

Similar wording