civus
Hearing video

ZBA Hearing - November 3, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20206h 16m

They also discussed the fact that it was rezoned to RM1.

Similar wording

And again, our adjoining property is RM1.

Similar wording

It was a renovated property.

Similar wording

We are providing this lot to provide the parking for that RM1 lot, as well as the 3500 Kensington Avenue property, which, again, has a permit for the personal services, i.e. nail salon, as well as the two residential dogs above.

Similar wording

of. I find it odd that, you know, in this day and age where people, you know, usually they're talking

Similar wording

about not providing enough off-street parking. And in this particular case, they're objecting

Similar wording

to the fact that we are providing off-street parking, albeit the improvements to the lot

Similar wording

were made without the proper permits. However, I think the photographic evidence indicates

Similar wording

in and of itself the efforts and the improvements and the investment made into the lot with

Similar wording

replacing sidewalks adding ornamental fencing security lighting and you know in effect providing

Similar wording

off-street parking uh for the adjoining parcel uses um so at this point we would ask this board

Similar wording

um you know just you know not not disregard but take take into effect the uh the value of this

Similar wording

letter and give it the weight and authority that it deserves um in addition uh you'll see the

Similar wording

certification of mailing, 108 pieces went out. They indicate in our letter that 16 members were

Similar wording

present and opposed the application. I recall less than a half a dozen participating actively

Similar wording

in the conversation and a lot of their concerns dealt with other properties owned by my client

Similar wording

and not necessarily the fact that there's going to be off-street parking on this RM1 property.

Similar wording

So, at this point, I would ask, if you haven't already done it, Ian Smith, please raise your hand so you can verify and adopt.

Similar wording

Good evening, Mr. Smith. Please identify yourself with the records by your name.

Similar wording

And I'll swear you went.

Similar wording

All right. Good evening. I'm on the meeting.

Similar wording

My name is Ian Smith, I-A-N-S-M-I-T-H, operating at 322 East Thompson Street, 19125.

Similar wording

And Ian, you are the design professional for the property owner, is that correct?

Similar wording

Yes.

Similar wording

And you've heard my representations to the board?

Similar wording

Yes.

Similar wording

Are they true and correct, to the best of your knowledge, information, and belief?

Similar wording

Yes.

Similar wording

and would you adopt them as your own testimony yes thank you very much just to be clear mr ward

Similar wording

yes sir no demolition on that site uh is that correct or not other that is correct there weren't

Similar wording

any were there ever any structures were there when since your clients own it has been structures on

Similar wording

those parcels no there has not there was uh you know a hard a hard concrete surface uh coming in

Similar wording

And there was some rubble, some rubble from the structure that had been there, but he did not demolish the building and acquired it as pretty much a vacant lot.

Similar wording

So basically, he made improvements to what was an existing flat surface.

Similar wording

Absolutely. Absolutely.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else would like to testify in this case, please raise your hand.

Similar wording

Here we have Sloan Foulkes, who can unmute himself.

Similar wording

Mr. Foulkes, welcome back.

Similar wording

Please identify yourself again for the record.

Similar wording

Once again for the record, Sloan Foulkes, Office of Councilwoman Maria Quinonez Sanchez,

Similar wording

Room 508, City Hall, 19107.

Similar wording

I just have two questions before the Councilwoman weighs in with her opinion.

Similar wording

Not questions, but statements.

Similar wording

Actually, one of the issues that we've had prior was that our office requested a continuance based on...

Similar wording

that our office requested a continuance based on not having feedback from the coordinating RCO.

Similar wording

The coordinating RCO that the councilwoman had designated was impact RCO.

Similar wording

The appellant met with Harrogate RCO.

Similar wording

I'm just curious as to how they came to meet with Harrogate RCO as opposed to the coordinating RCO

Similar wording

that the councilwoman designated as impact RCO. Mr. Ward was that at the direction of the planning

Similar wording

commission? I recall receiving the RCO notification from the planning commission

Similar wording

directing us to meet with Harrogate Civic. Just as a point of record I have a document here

Similar wording

that directs the appellant to meet with impact RCO as the coordinating RCO. Now I will submit

Similar wording

that to share in Saletta as soon as I am able to probably while we, before the end of the evening.

Similar wording

More of, but secondly, we appreciate there was a community meeting that the community was able to

Similar wording

weigh in. And in as much as the community was able to weigh in, the councilwoman is not

Similar wording

supporting this BME's request.

Similar wording

Okay.

Similar wording

Anyone else would like to testify in this matter?

Similar wording

Mr. Chairman, I would just follow up.

Similar wording

I would just like to follow up by saying,

Similar wording

you know, my client purchased this derelict property,

Similar wording

invested a lot of money into it,

Similar wording

along with the adjoining property at 3512-14 and at 3500.

Similar wording

I believe it is not contrary to the interests of the community, nor a adverse impact upon the safety and general welfare of the community.

Similar wording

And I would ask that the board grant the variance.

Similar wording

Understood. Planning Commission.

Similar wording

Mr. Chairman, this is Mason Austin from the Planning Commission.

Similar wording

The property is indicated for multifamily use in the city's comprehensive plan.

Similar wording

While the property is irregularly shaped, there's adequate frontage on two streets and there do not appear to be any physical characteristics that justify a claim of hardship.

Similar wording

Non-accessory parking is incompatible with the neighborhood context and introduces pedestrian automobile conflict directly adjacent to a Market-Frankford line station.

Similar wording

Accordingly, staff recommends against the granting of the variance.

Similar wording

No, I think I would agree. It may not be the highest and best use, but what I see is a

Similar wording

purchase of a piece of land that has not been kept, made a lot of improvements,

Similar wording

so with no disrespect to the councilwoman's office, MI 2020-000221-3510 K Street, my vote is yes.

Similar wording

anybody else voting board members

Similar wording

professor jim tom stop this thing

Similar wording

they all went out to dinner

Similar wording

just hang in there guys we only have one more all right all right thank you thank you very

Similar wording

much folks and have a great evening thank you okay all right thank you a little while ago i

Similar wording

was the hose man i couldn't get back uh frank our number number seven last one

Similar wording

i'll read it off mi2020-0002345123 viola street um this is sharon saletta the attorney on this

Similar wording

is Darlene Threat and we received a very enthusiastic letter of support from the community.

Similar wording

Okay. Ms. Threat, please identify yourself with the record and consider yourself still

Similar wording

under oath from earlier today. Ms. Threat, you can unmute yourself.

Similar wording

here we go good evening commissioners darlene freed on behalf of the applicant theresa gardner

Similar wording

please again spell your name for this uh sonographer please d-a-r-l-e-n-e t as in

Similar wording

thomas h-r-e-a-t-t 2101 pine street philadelphia ta 19103 and remember you're still under oath

Similar wording

So, confessor, please begin.

Similar wording

You agree to wait the reading of its refusal and stipulate to its accuracy?

Similar wording

Yes.

Similar wording

also have you emailed an exhibit packet with the required documents proof of ownership proof of

Similar wording

Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax...

Similar wording

tax compliance copy of the refusal or referral photos and plans five days prior to this hearing

Similar wording

i may not have been quite five days but yes okay have you uh met with the rco and have a letter

Similar wording

yes thank you may i share my screen

Similar wording

yes you may

Similar wording

can this go in the oven yes no

Similar wording

commissioners um miss theresa gardner who's on the line now has run a family daycare from 5123

Similar wording

biola street for approximately 19 years i have a package of information for you here today

Similar wording

I'll just go through it very quickly. I inadvertently labeled this a refusal. It's

Similar wording

actually a referral. Here it is. For the daycare to have 12 children,

Similar wording

it requires a special exception approval in this zoning district.

Similar wording

Here is the application submitted by Ms. Gardner.

Similar wording

here is the lower ordinance concerning uh family daycare pardon me miss three we're not

Similar wording

able to see your exhibits you can see my exhibits okay let me try again

Similar wording

how about now

Similar wording

nope

Similar wording

you hit the screen share because we don't have that it's being tapped you tap that

Similar wording

I'll tell you what miss three could you read us that very enthusiastic letter of support you

Similar wording

why certainly commissioner uh we received a very enthusiastic letter of support from the

Similar wording

parkside association of philadelphia dear uh mr chico as president of the parkside association

Similar wording

the coordinating rco in the above matter please accept this letter of support we met with the

Similar wording

applicant on july 30th we are pleased to write this letter in support of june bugs garden

Similar wording

daycare center application for extension. This daycare center is an important part of the

Similar wording

community and we are very pleased to witness both on the outside and in the inside the significant

Similar wording

and positive improvements that have taken place over the past several years since the establishment

Similar wording

originally opened. With regards to this application, we very much support the extension.

Similar wording

We want the zoning board to understand that it is important that this existing and extended daycare

Similar wording

be maintained, along with the proposed extension improvements. We are pleased that the owner is

Similar wording

willing to maintain and extend such a wonderful business that provides nutritional, educational,

Similar wording

and safety to children and families all year round. Thank you for your consideration of this

Similar wording

request. That was enthusiastic, I will admit. Okay. Can you hear me? Yes, I can. All right, good.

Similar wording

But do you have a client you want to bring on, Ms. Street?

Similar wording

Ms. Gardner, are you available?

Similar wording

If not, we'll accept you.

Similar wording

She's available to be sworn in here.

Similar wording

Good evening, everyone.

Similar wording

Hi, good evening, ma'am.

Similar wording

Please identify yourself with a record, spell your first and last name, and provide us with your address.

Similar wording

My name is Teresa Gartner. It's T-H-E-R-E-S-A, last name G-A-R-D-N-E-R, and the address is 5123 Viola Street.

Similar wording

Do you swear and affirm, ma'am, to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, sir, I do.

Similar wording

Thank you, Ms. Threatt.

Similar wording

Ms. Gartt, commissioners, I believe my package is up now. Can you see it?

Similar wording

It's okay. We've got that letter, that enthusiastic letter. That suffices.

Similar wording

Very well, then. Commissioners, I'd ask you to approve the extension of a family daycare to a group daycare, which would allow for 12 children ages 2 to 12 to use the facilities here for daycare and educational needs.

Similar wording

This daycare has been a staple of the community for over 19 years. It gets very, very robust support from the community. It provides a great service that's needed in this community.

Similar wording

and we ask that you allow Ms. Gardner

Similar wording

to extend the use of June Bugs Garden Daycare.

Similar wording

June, Bugs, Garden, Daycare.

Similar wording

Would you ask your client?

Similar wording

Would you ask your client if she will adopt your testimony?

Similar wording

Ms. Gardner, if you were to testify today,

Similar wording

would you adopt the testimony that I just put forth to the board?

Similar wording

Yes, I do.

Similar wording

Thank you very much.

Similar wording

Thank you.

Similar wording

Any questions from the board?

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

No hand.

Similar wording

Thank you.

Similar wording

Planning Commission?

Similar wording

Mr. Chairman, this is Mason Austin with the Planning Commission.

Similar wording

The lot is designated for single-family residential in the comprehensive plan

Similar wording

and is currently zoned for that use.

Similar wording

Given the context, the need for this use, and the enthusiastic support of the RCO,

Similar wording

staff has no opposition to the granting of this special exception.

Similar wording

Okay, thank you.

Similar wording

MI 2020-0002345123 Viola Street, I enthusiastically give my vote a yes vote.

Similar wording

i second that my vote is yes my vote is yes my vote is yes thank you very much commissioners

Similar wording

thank you and i thank my board members for staying awake i appreciate the everyone's

Similar wording

involvement today thank you everyone all right fellas great job

Similar wording