civus
Hearing video

ZBA Hearing - August 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 14, 20242h 43m

Exhibit A-6 is our application for a special exception filed to the board on May 6, inclusive of the project information form.

Similar wording

Exhibit A-7 are proofs of posting, pictures of posting along the frontages for the property.

Similar wording

and then this is just an aerial map so the board can see where we posted our signs

Similar wording

exhibit a8 this is a rendering you're standing on the western side of the deck you're looking

Similar wording

northeast toward the corner of 20th and arch street here again you see our railings and

Similar wording

with the appropriate setback and height. We met with Logan Square Neighborhood Association

Similar wording

on June 25th, our coordinating RCO, and Exhibit A9 is a letter confirming the result of our

Similar wording

meeting. LS&A voted unanimously to not oppose the application subject to a proviso with no

Similar wording

amplified sound. That proviso traces a covenant from a 2019 agreement related to the property.

Similar wording

We agree with the implementation of that proviso. Mr. Chairman, I do have as Exhibit A10

Similar wording

a resume for our architect from Stantec, Kristen Sage. She's available to answer questions that

Similar wording

the board may have. Before I get to my, I'd like to call Mr. Walei Mamogunje in a moment

Similar wording

to adopt my testimony. But just for purposes of the record, I'd like to

Similar wording

reiterate that this is a special exception, not a variance. As the board knows, special

Similar wording

exceptions are contemplated permitted uses subject to compliance

Similar wording

with the standards. So just for the record, our proposed use is permitted.

Similar wording

We comply with dimensional requirements. We will have no impact on public streets or the

Similar wording

transportation systems. We will not impair light or air to adjacent properties.

Similar wording

We will not burden public facilities. We will not impair the use of adjacent

Similar wording

properties, and we will not endanger the public health, safety, or welfare of the community.

Similar wording

So with that, Mr. Chairman, I'd like to ask Mr. Wale, Momogunje Parkway Corporation.

Similar wording

Okay, sure.

Similar wording

Can you be promoted?

Similar wording

They have been allowed to speak.

Similar wording

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

Similar wording

Yes, sir.

Similar wording

Good afternoon.

Similar wording

My name is Wale Mabogunjev, first name W-A-L-E, last name M as in Mary, A as in Albert.

Similar wording

B as in boy, O as in orange, G as in gun, U as in umbrella, N as in Nancy, J as in juice, E as in egg.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Wale, you are the vice president, project executive at Parkway Corporation?

Similar wording

That is correct.

Similar wording

And Parkway Corporation is an affiliate of 2000 Arch Associates LP, the property owner?

Similar wording

That is correct.

Similar wording

And did you hear my testimony to the board, Wale?

Similar wording

Yes, I did.

Similar wording

And would you adopt that testimony as true and correct as if it were your own?

Similar wording

I would.

Similar wording

Mr. Chairman, I do not have any further questions.

Similar wording

Again, Wale and I are here to answer questions along with architect Kristen.

Similar wording

Questions from the board.

Similar wording

I have no questions.

Similar wording

I have a question.

Similar wording

Is there public access?

Similar wording

Is there public access to this building, to the roof deck?

Similar wording

No, ma'am.

Similar wording

No, this is a roof deck accessory to the professional office building for Chubb.

Similar wording

questions or comments from our attorney hillary emerson

Similar wording

just briefly um mr careless uh is your client okay with the proviso for no amplified sound

Similar wording

that um was suggested by the logan square neighborhood association we agree with the

Similar wording

implementation of the proviso all right thank you questions or comments from the virtual audience

Similar wording

i see no hands planning commission thank you chairman and good afternoon david effecto with

Similar wording

the city planning commission uh chairman and board members the comprehensive plan recommends

Similar wording

no change to the cmx4 commercial mixed use of zoning at this location

Similar wording

to the cmx4 commercial mixed use of zoning at this location the appellant has shown that the

Similar wording

I don't know.

Similar wording

proposed roof deck will have no detrimental impacts to the neighborhood beyond what might be expected

Similar wording

the city planning commission recommends the board grant a proposed special exception for a roof deck

Similar wording

Thank you, David. MI 2024-002-801, 2000-24 Art Street, I vote yes with proviso. No amplified sound.

Similar wording

Michael Johns, my vote is yes with proviso.

Similar wording

Cheryl Gaston, my vote is yes with proviso.

Similar wording

Tanetta Graham, my vote is yes with proviso.

Similar wording

Taya Wen, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you, counsel. Thank you. Number 12, MI 2024-003-318-216 Dawson Street. Rachel Pritzker is the attorney. There's a letter of non-opposition from Council Member Jones and a letter of support from the Wissahick and Neighbors Civic Association.

Similar wording

Hello, Chairman.

Similar wording

could you please state your name and spell it for the court stenographer yes it's rachel r-a-c-h-a-e-l

Similar wording

pritzker p-r-i-t-z-k-e-r right you swear or affirm to tell the truth the whole truth nothing but the

Similar wording

truth yes could you identify your client their relationship to the property uh my client is

Similar wording

dr jeffrey glenn uh and he's the owner of the property vice chair has just a few questions for

Similar wording

good afternoon council do you agree to either read another refusal or stipulate to its accuracy

Similar wording

yes have you emailed in all the required documents and exhibits that is needed to

Similar wording

proceed with this case five days in advance of this hearing yes thank you council please proceed

Similar wording

and share your screen okay can we also promote the architect just in the interest of time um

Similar wording

Jeremy. Sure. As well.

Similar wording

Jeremy, if you are in the virtual audience, please raise your virtual hand.

Similar wording

Are you seeing my screen?

Similar wording

We can. Yep.

Similar wording

So this is 216 Dawson Street, property zoned RSA 5. The application is for a dental office, a group practitioner in an existing structure. This is for the second, the basement, second and third floor. It was previously approved over 20 years ago for dental practice on the first floor.

Similar wording

So we're just expanding an existing non-conforming use for a dental practice that's been in this neighborhood and in this property for about 20 years.

Similar wording

The property is located on RSA 5, but it is actually between Dawson Street and Ridge Avenue.

Similar wording

So not far from the main commercial corridor, as you can see from the zoning maps above and given its location near this commercial corridor and its existing longstanding use.

Similar wording

The RSA 5 zoning provides a hardship.

Similar wording

We'd have to only use a property as a single family home.

Similar wording

It's been a dental practice,

Similar wording

it's been in the neighborhood for 20 years.

Similar wording

And again, just looking to expand it,

Similar wording

basement, second and third floor.

Similar wording

We do not wanna have to demolish the interior

Similar wording

and turn it into a single family home.

Similar wording

They're just photos of the exterior

Similar wording

with the zoning posters.

Similar wording

So you can see sort of the corner of the property towards Ridge Avenue.

Similar wording

Zoning posters.

Similar wording

We met with the RCO back in July 18th, which was the Wissahick and Neighbors Civic Association.

Similar wording

We have a letter of support from them in addition to, here's the vote.

Similar wording

So, and then in addition to a letter of non-opposition from or support from Councilman Jones's office, this is just the zoning archives that granted the variance back for this and sort of the extension of the dental office from the adjacent structure.

Similar wording

and so again it's been a long-standing use since at least 1996. I want to have our architect go

Similar wording

through the plans just to show kind of where we're expanding the space and again it's just

Similar wording

going to be used for a dental office and we are sort of in character with the neighborhood there's

Similar wording

various other properties on that block that have commercial uses and again given its direct

Similar wording

proximity to Ridge Avenue. It is in character with sort of the mixed use of that location.

Similar wording

It is in character with with sort of the mixed use of that location, in addition to the objectives of the 2035 plan, which, although they focus mostly on Ridge Avenue, again, this is sort of directly adjacent and a longstanding existing use.

Similar wording

If Jeremy can go through the plans.

Similar wording

We see Jeremy saying.

Similar wording

I think I'm.

Similar wording

Hi, could you please.

Similar wording

Hi.

Similar wording

Could you please state your name and spell for the courts to knock it from.

Similar wording

Yes, Jeremy LeComp, J-E-R-E-M-Y-L-E-C-O-M-P-T-E.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Jeremy, can you just go through the floor plans?

Similar wording

Sure.

Similar wording

You'll see in the plans that Rachel has on screen that the primary entrance to the existing dental office is at the corner of Ridge Avenue and Dawson Street there.

Similar wording

This is an existing operating dental practice, and there's already an existing breach between that corner property, 218 to 220 Dawson Street and 216 Dawson Street, the adjacent building.

Similar wording

we're simply looking to expand the use within the same building that's already used as a dental

Similar wording

office to that upper floor which you see highlighted as well as the the basement level

Similar wording

and continue operation as a the business that already exists

Similar wording

thank you thank you this is just some photos of the interior that we included

Similar wording

just so the board can see that it's a dental practice as mentioned

Similar wording

and i think we did uh the councilman's office did send over earlier this morning

Similar wording

their letter of support um which i want to make sure that the board has

Similar wording

we have it okay if i can bring on my client chairman yep um is there you see jeffrey glenn

Similar wording

in the audience.

Similar wording

Jeffrey Glenn, please raise your virtual hand.

Similar wording

I see no hands.

Similar wording

Okay, I'm just going to ask him to join.

Similar wording

Well, you're an officer of the court.

Similar wording

I think we'll gladly take your testimony.

Similar wording

Questions from the board.

Similar wording

Jeffrey Glenn's hand has been raised.

Similar wording

Okay.

Similar wording

Jeffrey, please state your name and spell for the court stenographer.

Similar wording

My name is Jeffrey, J-E-F-R-E-Y, Glenn, G-L-E-N.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Please proceed, counsel.

Similar wording

Dr. Glenn, have you heard my testimony today?

Similar wording

Do you believe it to be true and accurate, and do you adopt it as your own?

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Um, questions from the board.

Similar wording

I have no question.

Similar wording

I do.

Similar wording

Um, how many Dennis are you going to have in here?

Similar wording

That question to me.

Similar wording

Yeah.

Similar wording

Yeah.

Similar wording

Just one.

Similar wording

Oh, it's just one.

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Uh, but you're asking for group practice.

Similar wording

Yeah, in the event we get more than one, we didn't want to have to go back through. So the space can allow for more than one dentist and the options are kind of sole or more than one. So more than one was the suggestion.

Similar wording

And is there is there a max on a number in a group practice?

Similar wording

uh not that i'm aware of i'm sure from a fire code perspective there's like occupancy rules but

Similar wording

it doesn't specify that you can only that a group means like four to seven it's not like daycare

Similar wording

where they give you kind of that it's either soul or not soul gotcha okay and then uh parking

Similar wording

there's no parking it's like existing building so i assume people park on ridge or on dawson or

Similar wording

nearby and and how long did you say this practice has been there so over 20 years 1988

Similar wording

oh oh okay all right thank you thank you i have one has it ever been here's the second floor ever

Similar wording

been used as a residence no not in the structure no thank you thank you

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

i see no hands planning commission thank you chairman and good afternoon david fechto with

Similar wording

I see no hands.

Similar wording

Planning Commission?

Similar wording

Thank you, Chair.

Similar wording

the city planning commission the comprehensive plan recommends no change to the rsa5 residential

Similar wording

single-family zoning at this location this property has a documented history as a dental

Similar wording

office dating to 1954. the proposed expansion will not injure the use of adjacent property

Similar wording

the city planning commission recommends that the board grant the proposed use variants for dental

Similar wording

office group practitioner. Thank you. MI 2024-003-318-216 Dawson Street. I vote yes.

Similar wording

Michael Johns. My vote is yes.

Similar wording

Cheryl Gaston. My vote is yes.

Similar wording

Tanetta Graham. My vote is yes.

Similar wording

Ayewen. My vote is yes.

Similar wording

Ishmael Shaheed. My vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Okay. Number 14, MI 2024-003-396-417-25 Callahill Street. Stephanie Boggs, Magnet, is the attorney. There is a letter of support from Northern Liberties Neighbors Association, a letter of non-opposition from Council Member Squillett.

Similar wording

good afternoon counsel could you please state your name and spell for the court stenographer

Similar wording

stephanie magania s-t-e-p-h-a-n-i-e last name m-a-g-a-g-n-a you swear or affirm to tell the

Similar wording

truth the whole truth and nothing but the truth yes i do could you identify your client a

Similar wording

relationship to the property sure my client is linden odg philly llc they're the owner of the

Similar wording

property our vice chair has just a few questions good afternoon council do you agree to a way to

Similar wording

read another refusal or stipulate to its accuracy yes i do have you emailed them all the required

Similar wording

documents and exhibits that is needed to proceed for this case five days in advance of this hearing

Similar wording

yes thank you council please proceed and share your screen thank you um so this property 417

Similar wording

cal hill street is located at the corner of cal hill street and fifth street um it was previously

Similar wording

approved for the construction of a seven-story multifamily building, which construction is now

Similar wording

complete, which you can see here. So the owner of the property is currently in the process of having

Similar wording

certain accessory signage to the project approved. Certain signs were recently approved by Wright,

Similar wording

and we're seeking approval for four additional accessory signs at the property, which will

Similar wording

include two wall signs. This is the west elevation along 5th Street. You can see one wall sign

Similar wording