civus
Hearing video

ZBA Hearing - April 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 10, 20246h 50m

Okay. The first one is that all trash, recycling, and dumpsters be stored within the property lines and not on the sidewalks or the public right-of-ways.

Similar wording

And the second one is that all planters suggested by CDR, raised or otherwise, are placed within the property lines.

Similar wording

And the third one is that all bike parking suggested by the CDR is placed within the property lines.

Similar wording

And the last one is that no rooftop deck structures for occupancies for mechanical use only.

Similar wording

Thank you.

Similar wording

Mr. Chairman, may I just make a clarification?

Similar wording

Sure.

Similar wording

There will not be any bicycle parking provided.

Similar wording

However, in the event that there is bicycle parking, everything will be internally positioned within the lot.

Similar wording

And all of those provisors are acceptable.

Similar wording

We did commit to internal trash storage, et cetera.

Similar wording

So, okay.

Similar wording

Thank you.

Similar wording

Anyone else in the virtual audience?

Similar wording

I see no hands.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman, Sarah Bond, Philadelphia City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the existing industrial zoning.

Similar wording

However, the plan includes recommendations to advance the promotion of housing, job opportunities, and the revitalization of vacant spaces.

Similar wording

The proposal conforms to this comprehensive plan recommendation.

Similar wording

Additionally, the PCPC has provided a community planning certification form affirming the proposal's consistency with the North District plan.

Similar wording

Therefore, the City Planning Commission recommends that the Zoning Board grant the variance.

Similar wording

Thank you.

Similar wording

Mr. Kelson, before I start, how many in the revised plans, how many pages?

Similar wording

We had four, but Hillary has a question next to it.

Similar wording

Thank you, Mr. Chair. Yes.

Similar wording

No problem. Let us go through it very carefully. Marty, if you could go back.

Similar wording

So this is the revised zoning site plan.

Similar wording

The other plans are illustrative elevations.

Similar wording

I don't believe they need to be stamped by the board.

Similar wording

Um, but the total, so I would say the total number would be one, Mr. Chairman, make it

Similar wording

easier for L and I, um, Hillary, are you okay with that?

Similar wording

Yeah, no, that would, that, that would be great.

Similar wording

That would be great.

Similar wording

If there's no dimensional changes, just removals of things in the site plan is, is fine.

Similar wording

Thank you.

Similar wording

Just want to make it easier for everybody.

Similar wording

Thanks.

Similar wording

So we appreciate that.

Similar wording

MI 2023 002 231 3030 North 20th Street. I vote yes with proviso. Revised plan one page

Similar wording

stamped by ZBA April 10th, 2024. Approved use is a multifamily household living only.

Similar wording

No commercial use is approved. Trash to be stored internally and planters also be to be

Similar wording

stored in property line. Thomas Holloman, my vote is yes with provisos.

Similar wording

James Snell, my vote is yes with provisos. Thank you, sir. We appreciate it.

Similar wording

Thanks so much, members of the board. Appreciate it.

Similar wording

Number three, MI 2023-007-278-220 Geiger Road. Stephen Pollack is the attorney.

Similar wording

220 Geiger Road. Stephen Pollack is the attorney. Letter of non-opposition from

Similar wording

Council Member O'Neill. Recommendation of support from the Greater Busselton Civic Association.

Similar wording

Vote was unanimous.

Similar wording

Stephen Pollack is coming in as panelist.

Similar wording

All right, I think I clicked on it.

Similar wording

Good afternoon, Mr. Pollock. Could you state your name, please, and spell for the stenographer?

Similar wording

Good afternoon, Chairman Bergman, members of the board, Stephen Pollock, S-T-E-P-H-E-N, Pollock, P-O-L-L-O-C-K.

Similar wording

I am the zoning attorney for Flatiron Supports, which is a tenant of the building at 220 Geiger Road.

Similar wording

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

Similar wording

I do, sir.

Similar wording

Mr. Holloman has a few questions.

Similar wording

good afternoon counsel do you agree to waive the reading of the refusal and stipulate to his

Similar wording

accuracy i do mr holliman did you email all the exhibits and documents as required five days in

Similar wording

advance to this hearing yes we did thank you please proceed and share your screen okay mr

Similar wording

chairman may i uh have my associate ryan thomas elevated so he can share the screen absolutely yep

Similar wording

kelson and i are old guys we have other people help us

Similar wording

hopefully ryan you're getting there i see him

Similar wording

while we're waiting this is an application for a an adult training facility that's been on the

Similar wording

premises since 2010, but another space became available, space 101, up at the front of the

Similar wording

building. And this is our exhibit A2 in our packet. We have exhibits A1 through A21. A10

Similar wording

has photos 1 through 41, and I'll ask that everything be included and accepted into the

Similar wording

record so we're going to we're in 104 105 and we also would like to now have it this additional

Similar wording

space at 101 up front go to the next screen which is our a3 just to show you it's it's a

Similar wording

do you have the front portion there it is in yellow it's it's the wider space now let's go

Similar wording

to the next slide which is um our mission statement as an adult training facility

Similar wording

Really, what they do is it's a defined term, actually, in the 55 PA code 2380.

Similar wording

It provides fundamental functional activities, assistance in meeting personal needs, and assistance in performing basic daily activities.

Similar wording

These are physically impaired individuals.

Similar wording

I have with me Mr. Sean Charlton, who is the CEO of Flatiron Supports.

Similar wording

This is their mission statement that's actually on the website, and it goes into that Sean and his father, Matt, started this because their brother and son, Danny, had some disabilities,

Similar wording

and they didn't think the current core of facilities weren't providing what they needed.

Similar wording

Back in 2010, or 2009, 2007, in fact, they started this. In 2010, they came to this facility, and we have that variance at A9. There was a variance granted by the board because this property is in an industrial district.

Similar wording

It was in an old G2 industrial, now in an I2 industrial, which doesn't allow for personal services.

Similar wording

However, the building has been used by them at 104, and then in 2017, I represented them at A7.

Similar wording

We came in to expand from 104 into 105 to have a merged facility.

Similar wording

Now, this facility came available at 101, which previously was zoned for a church, and we have that at A8 of our exhibit package, the prior counseling facility for church.

Similar wording

So, what's happened in this building over the years, Chairman and members of the board, is it's never been used for an industrial purpose.

Similar wording

It's been allowed to evolve into these different uses.

Similar wording

can you show let's show a couple of the photos real quick or wait before you get to that show

Similar wording

the certificate of compliance by the state this is at our our eighth a five that shows that we are

Similar wording

an adult training facility with a capacity of 34 so that's that's what we're allowed to by the

Similar wording

So that's what we're allowed to by the state. So we won't be, by having this other location in the unit, we won't be expanding the number of people that we can serve, just that the state allows us to go up to 34.

Similar wording

state so we won't be but by having this other location

Similar wording

And as I said, it's an actual defined term in the PA code and provides really self-care, communication, gives them physical education, gives their clientele, takes them on trips to the mall to get them used to commerce and retail and provides necessary skills.

Similar wording

They arrive there by either paratransit or their parents bring them to and from the facility.

Similar wording

We are open five days a week only from about 7 to 3.30.

Similar wording

There are no weekend trips or visits.

Similar wording

And the people bring their own meals.

Similar wording

But we have computers.

Similar wording

We have a lot of different things to challenge them and teach them certain skills.

Similar wording

So let's just show the picture real quick of what the property looks like.

Similar wording

Ryan, if you can go to our A-10, we have various photos.

Similar wording

And we had, as I said, this is the front of the building off Geiger Road.

Similar wording

Keep going.

Similar wording

Go.

Similar wording

This is where Unit 101 is, right in the front.

Similar wording

There we go.

Similar wording

And they'll be coming in under that awning for this location, for that space.

Similar wording

And then the building goes all the way back towards the rear. This is another side view as we're headed towards the right-hand side. And we keep going. And the building has many other uses in the back. Some of it's a gym. Some of it's, I think, not retail, but office space and that kind of stuff.

Similar wording

to our, go ahead, and now to our immediate left, and I provided the zoning variance that was

Similar wording

granted at A19 for the building 240 Geiger Road, and I was the attorney in 1999 that got Dr.

Similar wording

Bressler and Dr. Bressler's cavity busters permission through a variance granted by the

Similar wording

board to allow the adjacent, entire adjacent building at 240 Geiger Road to be converted

Similar wording

into a dental office.

Similar wording

Mr. Powell, can I ask one question?

Similar wording

Yeah.

Similar wording

So in 2008, the zoning board did 101.

Similar wording

Is this a different use?

Similar wording

Well, they did 101 as a church, not as a...

Similar wording

Okay, so now it's a different use.

Similar wording

This is a different use.

Similar wording

Okay, fine.

Similar wording

Okay, thank you.

Similar wording

We're this adult training facility.

Similar wording

Thank you, sir.

Similar wording

So that's why we wanted to be sure that we were okay.

Similar wording

Apparently, the state is okay with them

Similar wording

because as long as it's in that same building, 220, the state is okay with their licensing.

Similar wording

So with that, Mr. Chairman, as I said, I'd like to bring on Sean Charlton.

Similar wording

And as noted, we did have a big attendance at our meeting before the greater bustle.

Similar wording

We had 32 people, and all 32 said they were in support.

Similar wording

And you have a letter of no objection from Councilman O'Neill.

Similar wording

Sean, are you up? Did you raise your hand and enter?

Similar wording

Sean, I'm not allowed to speak.

Similar wording

Hi, sir.

Similar wording

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

Similar wording

Sure.

Similar wording

It's Sean Trollton, S-E-A-N, last name C-H-A-R-L-T-O-N.

Similar wording

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

Similar wording

Yes, sir.

Similar wording

Proceed, counsel.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Sean, you and your father started this back in 2007, as we related, and you've been at

Similar wording

this location about since 2009, 2010.

Similar wording

at 220 Geiger Road in different units. Is that correct? That's correct. And Sean, you've heard

Similar wording

what I stated on the record. Did you listen to my entire presentation? Yes, I did. And what I say,

Similar wording

do you think that was true and correct? Do you believe it was true and correct? Yes, I do.

Similar wording

And do you adopt that as your testimony today as if it had to come out of your own mouth today

Similar wording

as we stand here.

Similar wording

Yes, I do.

Similar wording

Okay.

Similar wording

With that, Mr. Chairman,

Similar wording

we believe this is the least minimum variance

Similar wording

to afford relief

Similar wording

because we're just taking over an existing space,

Similar wording

not expanding the building,

Similar wording

and therefore we ask for your support.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney,

Similar wording

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.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman.

Similar wording

Sarah Bond with the Philadelphia City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the existing industrial zoning.

Similar wording

The proposed use of personal services, specifically adult training facility, is consistent with nearby properties.

Similar wording

The City Planning Commission recommends that the zoning board grant the variance.

Similar wording

The City Planning Commission recommends that the Zoning Board grant the variance.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

MI 2020.

Similar wording

MI 2023-007-278-220 Geiger Road.

Similar wording

I vote yes with proviso.

Similar wording

Use limited to space 101.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

May I say we're still in 104-105 for spaces, but this new use would be limited to 101.

Similar wording

That's what I'm saying, right.

Similar wording

Okay.

Similar wording

All right.

Similar wording

All right. James Snell, my vote is yes for Proviso.

Similar wording

Thank you, counsel. Thank you very much, Mr. Chairman, members of the board. Have a great day.

Similar wording

Okay. Number five, MI 2024-000163-726 Wesley High Avenue. Alan Nockamson is the attorney.

Similar wording

There's a recommendation to support from the 37 Ward RCO. Vote was 23 in support, unanimous.

Similar wording

The applicant also provided a petition in support signed by 28 neighbors, along with two letters from Lineage Property Management.

Similar wording

Mr. Nocklinson, you were sworn once today. Could you just state your name for the record, please?

Similar wording

Alan Nocklinson.

Similar wording

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

Similar wording

Yes, it's 726 W. Lehigh LLC, the owner of the property, and in the virtual audience is its member, Robert Nunez.

Similar wording

And Mr. Holloman has just a few questions, sir.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Did you email all the exhibits and documents as required five days in advance of this hearing?

Similar wording

Yes, we have.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

All right. So we're here to present 726 West Lehigh Avenue.

Similar wording

During our presentation, we'll first review the notice of refusal.

Similar wording

So this is a CMX 2 property, although it looks nothing like a CMX 2 property.

Similar wording

I would equate it more to an RM 1 property, and you'll see what I mean when I show pictures of the property.

Similar wording

But, you know, we have three refusals here and we'll go over the refusals.

Similar wording

But essentially, we're trying to swap out the commercial unit with residential and have a total of five units where there's a history of five units for this building.

Similar wording