civus
Hearing video

ZBA Hearing - September 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20205h 55m

record as well. I'm going to scroll down quickly here. The property as I indicated is 2453 Grant

Similar wording

Avenue. It is located between Bluegrass Road. Let me pull up the aerial for you quickly.

Similar wording

see if I can kind of rotate this view so here is Grant Avenue here along the

Similar wording

bottom is Roosevelt Boulevard you have Bluegrass Road to the top and right here

Similar wording

you'll see is 2453 Grant Avenue this property is zoned CA1 it is within a

Similar wording

commercial corridor. The premises that is in question here is actually two

Similar wording

interior storefronts within the shopping center. It's highlighted here in

Similar wording

yellow. The proposal is that both of these spaces will be consolidated into

Similar wording

one, which will be approximately 3,200 square feet of space. The owner is

Similar wording

proposing to use this space as a medical marijuana dispensary, which would then be leased to Ethos

Similar wording

Cannabis, who would be the operator of the dispensary. The dispensary is not permitted

Similar wording

under the CA1 zoning district, which is the result of the notice of refusal due to use.

Similar wording

So we are asking for a variance to allow this space to be permitted to be used for the dispensary.

Similar wording

The shopping center is a small family-owned center, leased primarily to mom-and-pop stores.

Similar wording

One of the spaces has been vacant since 2016, and over the past few years, we certainly

Similar wording

have seen a decline in retail.

Similar wording

Certainly, due to the effects of COVID, we have recently even seen a greater decline

Similar wording

in retail, leaving spaces such as this vacant, creating a hardship there on the

Similar wording

owners in trying to lease this space and coming up with an adaptive reuse for vacant space.

Similar wording

So last year, let me just go back and rotate the view.

Similar wording

Under exhibit 10, there are photographs, as I said, of the existing premises.

Similar wording

existing premises so this photograph is taken standing on the property looking

Similar wording

So this photograph is taken standing on the property looking down.

Similar wording

down to Grant Avenue towards Roosevelt Boulevard the next is a view across the

Similar wording

street of Grant Avenue again looking towards Roosevelt the next few are kind

Similar wording

of looking across the street this photograph here is on the property

Similar wording

looking down Grant Avenue towards Bluegrass Road. This here this photograph

Similar wording

here shows the actual shopping center itself that we're talking about and the

Similar wording

premises in this area. So a few last year my client started considering its

Similar wording

options to rent the vacant space started its conversation with ethos cannabis at that time

Similar wording

the property was actually zoned cmx3 which does in fact allow a dispensary by right

Similar wording

as they continued their discussions and ethos started doing their due diligence on the property

Similar wording

unbeknownst to the owner we learned that the property had been rezoned to ca1 which no longer

Similar wording

allows the dispensary by right. Ethos was granted a clinical research license under the Pennsylvania

Similar wording

Medical Marijuana Act and is currently partnering with Thomas Jefferson University

Similar wording

and is very interested in this particular location due to the close proximity of Thomas

Similar wording

Jefferson University. As you can see on this aerial, they are located immediately adjacent

Similar wording

dispensaries in this area are considered a retail use and actually are

Similar wording

very similar to other pharmacy uses that would be permitted under the CA1

Similar wording

district. I'm just going to scroll through some of these photographs.

Similar wording

square. I'm just going to get down to our, I apologize, let me get through these exhibits here.

Similar wording

There we go. Great. So the, as I mentioned, the dispensaries are similar to a pharmacy use that

Similar wording

would otherwise be permitted under the CA1 district and is consistent with the commercial

Similar wording

area of this property and we believe would be a good use for this property, allowing otherwise

Similar wording

vacant space to be utilized and would not have an adverse impact on the surrounding community.

Similar wording

What I'd like to do, Ms. Sunkit, if you could, David Clapper from Ethos is on the line as well,

Similar wording

And I'd like just to have him give a brief overview of Ethos' business, their current operations in Philadelphia, and their relationship with Thomas Jefferson University and why it's important to have a location that's in close proximity.

Similar wording

David Krepper, you've been unmuted.

Similar wording

I don't know if we necessarily need that. I think we understand. I'll ask the board if they have any need for that information.

Similar wording

I mean that respectfully, ma'am.

Similar wording

all right yeah i think it would be easier just if you want to get your client to adopt your

Similar wording

testimony and then we can move on sure i will run through this so um uh as i indicated ethos

Similar wording

does have i will just say that they do currently have operations in philadelphia and center city

Similar wording

and they work with thomerson jefferson university uh what i'd like to do is ask mr uh schwemlein

Similar wording

if you could also unmute him, Ms. Packett.

Similar wording

Is he unmuted?

Similar wording

No, can they raise their hand?

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

There we go.

Similar wording

Good morning, everyone.

Similar wording

Carl Schwemlein, S-C-H-W-E, M as in Michael, L-E-I, N as in Nancy.

Similar wording

And your title?

Similar wording

I am speaking on behalf of the ownership of Century Flour Shopping Center.

Similar wording

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

Similar wording

Yes.

Similar wording

Thank you. Please proceed.

Similar wording

Great. Mr. Schwemlein, you were here this morning during the testimony and statements that I had given?

Similar wording

Yes.

Similar wording

And do you believe that the statements that were made are true and correct to the best of your knowledge?

Similar wording

Yes.

Similar wording

And would you agree to accept the testimony as your own?

Similar wording

Yes.

Similar wording

Great. I would also like Mr. Clapper, if I could, if he could be sworn in to accept the

Similar wording

testimony given with respect to Ethos. Yes. Mr. Clapper, are you on?

Similar wording

Mr. Clapper, you can unmute. Yes, I am on. Thank you. Please spell your full name, Mr. Clapper.

Similar wording

Yes, I am on.

Similar wording

Thank you.

Similar wording

Please spell your full name, Mr. Clapper.

Similar wording

D-A-V-I-D-C-L-A-P-P-E-R.

Similar wording

And you swear in the firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

And your position?

Similar wording

I'm the president of Pennsylvania and the chief financial officer for Ethos.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

Thank you.

Similar wording

And Mr. Clapper, were you present during the testimony and statements that I had given

Similar wording

earlier this morning?

Similar wording

yes i was and do you agree that the statements that i made with respect to ethos and the licensing

Similar wording

are true and correct yes would you agree to accept the testimony as your own yes thank you

Similar wording

thank you questions from the board no no anyone else wish to testify in this matter if so please

Similar wording

raise your hand no hands at this time thank you tanya uh planning commission good morning david

Similar wording

fecto city planning commission mr chairman and members of the board this property is indicated

Similar wording

for commercial use on the comprehensive plan we believe the proposed use matches the pattern

Similar wording

of existing development on this block and we do not believe that the addition of a facility

Similar wording

that is similar to a pharmacy or in an existing shopping center will have an adverse impact on

Similar wording

the area. Accordingly, we have no objection to granting this variance. Thank you. ZP-2020-000467

Similar wording

2453 Grant Avenue. My vote is yes. My vote is yes. My vote is yes. My vote is yes. My vote is yes.

Similar wording

Thank you. Thank you very much for your time. Thank you. Have a good day. You too.

Similar wording

Calendar number 104-3956-277, Nandina Place.

Similar wording

The attorney is Alan Nockamson.

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

Name and address for the record.

Similar wording

Yes, Alan Nockamson of Nockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA,

Similar wording

19109.

Similar wording

Do you agree to

Similar wording

swear to a firm

Similar wording

to tell the truth, the whole truth

Similar wording

and nothing but the truth? I do.

Similar wording

Do you agree to wait for reading the refusal

Similar wording

and stipulate to its accuracy?

Similar wording

I do. Have you emailed

Similar wording

the packet with the required documents

Similar wording

which would include proof of ownership, tax

Similar wording

compliance, refusal,

Similar wording

referral, photos and or

Similar wording

plans of the property five days in advance

Similar wording

of this hearing? Have you

Similar wording

also met with the RCO and if so do you have a letter? I have and yes I do. You may proceed.

Similar wording

May I share my screen? Sure.

Similar wording

In front of you is a packet of exhibits which include eight of them. The first exhibit is the

Similar wording

a deed to the property showing that Yana and Natalia Mataviska own the property at 277

Similar wording

Adina Place. 277 Adina Place is an RTA 1 property and by the way here's a certificate of tax

Similar wording

clearance. It's an RTA 1 property pre-existing structure that's zoned to allow for two units

Similar wording

and there's a zoning permit as of right for two units. There's a garage in the unit

Similar wording

for this two unit structure and there's a driveway in the front. We're being refused because we're

Similar wording

asking to close off the garage where we're trying to expand unit number one of two units to increase

Similar wording

the living space and it's stating that accessory off-street parking spaces is prohibited in a

Similar wording

required front yard the only objection i would have is that it's not really a front yard

Similar wording

it's a driveway and you'll see that from the pictures here's our application for appeal

Similar wording

that we filed with the zoning board of adjustment along with the required project information form

Similar wording

here's our zoning map showing where we are we're in a cul-de-sac again in somerton section of

Similar wording

philadelphia and then you'll see photographs of the property so you'll see that this is what

Similar wording

they consider a front yard. This already has a pre-existing curb cut. The only thing that

Similar wording

we're trying to do is eliminate this garage. As you'll see, there's a sufficient amount

Similar wording

of off-street parking, even if we had no parking in our driveway, which we do, which is the

Similar wording

driveway, but they call it a front yard. And you'll see that anyone who's anyone uses their

Similar wording

uses their garages, anything but garages, you'll see everyone's parked in front of, in their driveways,

Similar wording

garages, anything but garages, you'll see everyone's parking.

Similar wording

which would be no different than what we're proposing.

Similar wording

You'll see from our plans that we're requesting two parking spots, one for each of the units.

Similar wording

As you probably noted or saw in the notice of refusal,

Similar wording

we're not seeking any dimensional variances in terms of the parking spaces.

Similar wording

and the use of the property is really not changing other than giving us additional square footage in unit number one.

Similar wording

Now, we kind of met with the Somerton Civic Association in that they did not want to meet with us in person

Similar wording

and they did not want to have a Zoom session.

Similar wording

So over the course of weeks, we answered questions like in writing and provided those answers

Similar wording

and they submitted that onto their website.

Similar wording

They also asked us pictures for the interior of unit number one because none of the concerns

Similar wording

or questions had to do with the parking out front.

Similar wording

I don't think anyone would dispute that our request is a reasonable request for a variance.

Similar wording

The issue was that they thought that we were asking for this additional square footage

Similar wording

by utilizing the garage to create three units.

Similar wording

And we stated time and time again, that's not our intention.

Similar wording

It's not part of our application.

Similar wording

This is an RTA1 property, which allows for a duplex.

Similar wording

We have a permanent record as a duplex.

Similar wording

If we wanted to increase the amount of units from two to three, we would have to seek governmental approval and a variance.

Similar wording

And, you know, again, they seem very unconvinced for some reason, stating that for some reason they believe we're going to put three units.

Similar wording

I stated, you know, I asked my client many times, you know, are you putting three units?

Similar wording

The answer was no.

Similar wording

I indicated to my client that if we did use three units, you know, very likely L&I was going to be called out where there would be a violation and then we would have to go through this variance process.

Similar wording

And I told my client, too, that very unlikely we would get community support because they're against three units.

Similar wording

Although I will say that there are other three-unit structures in the vicinity of our property, so it's not uncommon, but that's not part of our application.

Similar wording

All we're trying to do is allow for us to park our cars in our driveway, which the city, you know, in an antiquated way, state is a front yard, but, you know, it is a driveway.

Similar wording

So that's basically it in a nutshell.

Similar wording

Do you have floor plans you can share with us?

Similar wording

Do you have floor plans again?

Similar wording

Yeah, we do not have floor plans. It wasn't something that they even asked us for. If you look at their picture, their letter, there is a link to our pictures that we sent them. So again, all we're trying to do is increase the square footage of the unit.

Similar wording

there's not what's the what's the first floor consist of uh where the garage area is that's

Similar wording

is that first floor is that yeah that is that that is the first this is the first floor and

Similar wording

i have a hard time reading it it's a little bit blurry here okay just describe if you could what's

Similar wording

in that um uh you have i think they're going up to three bedrooms from two bedrooms uh there is no

Similar wording

you know there's no underground units in the bedroom in the basement so all we're trying to

Similar wording

do is take this little portion of the garage area and add a square footage to make it you know more

Similar wording

desirable units and again we're not trying to make it into a third unit and I and if you look

Similar wording

at the letter that they said it was over and like if you know every question was like why are you

Similar wording

converting this into a third unit? And I'm like, we're not. So how many bedrooms are in this upper

Similar wording

floor unit, the second floor unit? I can have my client answer that question. Okay. So, so actually,

Similar wording

Linad Chernak, can you virtually raise your hand?

Similar wording

while she's getting on the additional square footage that you're one of your client uh is

Similar wording

seeking here is that just a bedroom or is there a bathroom in there as well in here i think we'll

Similar wording

be trying to make it in that area right where your cursor is now you're going to create another

Similar wording

bedroom my question is will it be strictly a bedroom or is there going to be a bathroom

Similar wording

in that area as well i i'm not 100 sure i don't know because we haven't completed the construction

Similar wording

no because we haven't completed the construction like we're trying to just again square it off and

Similar wording

like we're trying to just again square it off

Similar wording

then look into how we're going to like lay this out a little better but again the reason i say

Similar wording

that because if you put a bathroom in there it could be creating a studio unit oh no i don't

Similar wording

know the square footage it's may not be big enough no it's it's it's a look at the garage i mean if

Similar wording

you look at it i'm trying to get yeah again the diagram no disrespect to you is a little bit

Similar wording

difficult for me anyway to follow so how many square feet are we adding on by taking the garage

Similar wording

out and adding it to that first floor i mean the garage itself looks like maybe it's 10 feet and

Similar wording

you're talking about maybe 15 feet back you're talking about like 150 feet like there's no

Similar wording

yeah all right yeah and and we're not creating another opening if you look at like that's what

Similar wording

i'm saying no other entrance everything comes in the same way right yeah everything comes in the

Similar wording

same way exactly they're like we're not trying to create a front entrance to here okay it's just

Similar wording

like a window um mr knockamson yes i have a person with the name of ellie n is that the individual

Similar wording