record as well. I'm going to scroll down quickly here. The property as I indicated is 2453 Grant
Avenue. It is located between Bluegrass Road. Let me pull up the aerial for you quickly.
see if I can kind of rotate this view so here is Grant Avenue here along the
bottom is Roosevelt Boulevard you have Bluegrass Road to the top and right here
you'll see is 2453 Grant Avenue this property is zoned CA1 it is within a
commercial corridor. The premises that is in question here is actually two
interior storefronts within the shopping center. It's highlighted here in
yellow. The proposal is that both of these spaces will be consolidated into
one, which will be approximately 3,200 square feet of space. The owner is
proposing to use this space as a medical marijuana dispensary, which would then be leased to Ethos
Cannabis, who would be the operator of the dispensary. The dispensary is not permitted
under the CA1 zoning district, which is the result of the notice of refusal due to use.
So we are asking for a variance to allow this space to be permitted to be used for the dispensary.
The shopping center is a small family-owned center, leased primarily to mom-and-pop stores.
One of the spaces has been vacant since 2016, and over the past few years, we certainly
have seen a decline in retail.
Certainly, due to the effects of COVID, we have recently even seen a greater decline
in retail, leaving spaces such as this vacant, creating a hardship there on the
owners in trying to lease this space and coming up with an adaptive reuse for vacant space.
So last year, let me just go back and rotate the view.
Under exhibit 10, there are photographs, as I said, of the existing premises.
existing premises so this photograph is taken standing on the property looking
So this photograph is taken standing on the property looking down.
down to Grant Avenue towards Roosevelt Boulevard the next is a view across the
street of Grant Avenue again looking towards Roosevelt the next few are kind
of looking across the street this photograph here is on the property
looking down Grant Avenue towards Bluegrass Road. This here this photograph
here shows the actual shopping center itself that we're talking about and the
premises in this area. So a few last year my client started considering its
options to rent the vacant space started its conversation with ethos cannabis at that time
the property was actually zoned cmx3 which does in fact allow a dispensary by right
as they continued their discussions and ethos started doing their due diligence on the property
unbeknownst to the owner we learned that the property had been rezoned to ca1 which no longer
allows the dispensary by right. Ethos was granted a clinical research license under the Pennsylvania
Medical Marijuana Act and is currently partnering with Thomas Jefferson University
and is very interested in this particular location due to the close proximity of Thomas
Jefferson University. As you can see on this aerial, they are located immediately adjacent
dispensaries in this area are considered a retail use and actually are
very similar to other pharmacy uses that would be permitted under the CA1
district. I'm just going to scroll through some of these photographs.
square. I'm just going to get down to our, I apologize, let me get through these exhibits here.
There we go. Great. So the, as I mentioned, the dispensaries are similar to a pharmacy use that
would otherwise be permitted under the CA1 district and is consistent with the commercial
area of this property and we believe would be a good use for this property, allowing otherwise
vacant space to be utilized and would not have an adverse impact on the surrounding community.
What I'd like to do, Ms. Sunkit, if you could, David Clapper from Ethos is on the line as well,
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.
David Krepper, you've been unmuted.
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.
I mean that respectfully, ma'am.
all right yeah i think it would be easier just if you want to get your client to adopt your
testimony and then we can move on sure i will run through this so um uh as i indicated ethos
does have i will just say that they do currently have operations in philadelphia and center city
and they work with thomerson jefferson university uh what i'd like to do is ask mr uh schwemlein
if you could also unmute him, Ms. Packett.
Is he unmuted?
No, can they raise their hand?
Thank you.
There we go.
Good morning, everyone.
Carl Schwemlein, S-C-H-W-E, M as in Michael, L-E-I, N as in Nancy.
And your title?
I am speaking on behalf of the ownership of Century Flour Shopping Center.
Okay, and you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Thank you. Please proceed.
Great. Mr. Schwemlein, you were here this morning during the testimony and statements that I had given?
And do you believe that the statements that were made are true and correct to the best of your knowledge?
And would you agree to accept the testimony as your own?
Great. I would also like Mr. Clapper, if I could, if he could be sworn in to accept the
testimony given with respect to Ethos. Yes. Mr. Clapper, are you on?
Mr. Clapper, you can unmute. Yes, I am on. Thank you. Please spell your full name, Mr. Clapper.
Yes, I am on.
Thank you.
Please spell your full name, Mr. Clapper.
D-A-V-I-D-C-L-A-P-P-E-R.
And you swear in the firm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
And your position?
I'm the president of Pennsylvania and the chief financial officer for Ethos.
Thank you.
Please proceed.
Thank you.
And Mr. Clapper, were you present during the testimony and statements that I had given
earlier this morning?
yes i was and do you agree that the statements that i made with respect to ethos and the licensing
are true and correct yes would you agree to accept the testimony as your own yes thank you
thank you questions from the board no no anyone else wish to testify in this matter if so please
raise your hand no hands at this time thank you tanya uh planning commission good morning david
fecto city planning commission mr chairman and members of the board this property is indicated
for commercial use on the comprehensive plan we believe the proposed use matches the pattern
of existing development on this block and we do not believe that the addition of a facility
that is similar to a pharmacy or in an existing shopping center will have an adverse impact on
the area. Accordingly, we have no objection to granting this variance. Thank you. ZP-2020-000467
2453 Grant Avenue. My vote is yes. My vote is yes. My vote is yes. My vote is yes. My vote is yes.
Thank you. Thank you very much for your time. Thank you. Have a good day. You too.
Calendar number 104-3956-277, Nandina Place.
The attorney is Alan Nockamson.
Good morning.
Good morning.
Name and address for the record.
Yes, Alan Nockamson of Nockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA,
19109.
Do you agree to
swear to a firm
to tell the truth, the whole truth
and nothing but the truth? I do.
Do you agree to wait for reading the refusal
and stipulate to its accuracy?
I do. Have you emailed
the packet with the required documents
which would include proof of ownership, tax
compliance, refusal,
referral, photos and or
plans of the property five days in advance
of this hearing? Have you
also met with the RCO and if so do you have a letter? I have and yes I do. You may proceed.
May I share my screen? Sure.
In front of you is a packet of exhibits which include eight of them. The first exhibit is the
a deed to the property showing that Yana and Natalia Mataviska own the property at 277
Adina Place. 277 Adina Place is an RTA 1 property and by the way here's a certificate of tax
clearance. It's an RTA 1 property pre-existing structure that's zoned to allow for two units
and there's a zoning permit as of right for two units. There's a garage in the unit
for this two unit structure and there's a driveway in the front. We're being refused because we're
asking to close off the garage where we're trying to expand unit number one of two units to increase
the living space and it's stating that accessory off-street parking spaces is prohibited in a
required front yard the only objection i would have is that it's not really a front yard
it's a driveway and you'll see that from the pictures here's our application for appeal
that we filed with the zoning board of adjustment along with the required project information form
here's our zoning map showing where we are we're in a cul-de-sac again in somerton section of
philadelphia and then you'll see photographs of the property so you'll see that this is what
they consider a front yard. This already has a pre-existing curb cut. The only thing that
we're trying to do is eliminate this garage. As you'll see, there's a sufficient amount
of off-street parking, even if we had no parking in our driveway, which we do, which is the
driveway, but they call it a front yard. And you'll see that anyone who's anyone uses their
uses their garages, anything but garages, you'll see everyone's parked in front of, in their driveways,
garages, anything but garages, you'll see everyone's parking.
which would be no different than what we're proposing.
You'll see from our plans that we're requesting two parking spots, one for each of the units.
As you probably noted or saw in the notice of refusal,
we're not seeking any dimensional variances in terms of the parking spaces.
and the use of the property is really not changing other than giving us additional square footage in unit number one.
Now, we kind of met with the Somerton Civic Association in that they did not want to meet with us in person
and they did not want to have a Zoom session.
So over the course of weeks, we answered questions like in writing and provided those answers
and they submitted that onto their website.
They also asked us pictures for the interior of unit number one because none of the concerns
or questions had to do with the parking out front.
I don't think anyone would dispute that our request is a reasonable request for a variance.
The issue was that they thought that we were asking for this additional square footage
by utilizing the garage to create three units.
And we stated time and time again, that's not our intention.
It's not part of our application.
This is an RTA1 property, which allows for a duplex.
We have a permanent record as a duplex.
If we wanted to increase the amount of units from two to three, we would have to seek governmental approval and a variance.
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.
I stated, you know, I asked my client many times, you know, are you putting three units?
The answer was no.
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.
And I told my client, too, that very unlikely we would get community support because they're against three units.
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.
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.
So that's basically it in a nutshell.
Do you have floor plans you can share with us?
Do you have floor plans again?
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.
there's not what's the what's the first floor consist of uh where the garage area is that's
is that first floor is that yeah that is that that is the first this is the first floor and
i have a hard time reading it it's a little bit blurry here okay just describe if you could what's
in that um uh you have i think they're going up to three bedrooms from two bedrooms uh there is no
you know there's no underground units in the bedroom in the basement so all we're trying to
do is take this little portion of the garage area and add a square footage to make it you know more
desirable units and again we're not trying to make it into a third unit and I and if you look
at the letter that they said it was over and like if you know every question was like why are you
converting this into a third unit? And I'm like, we're not. So how many bedrooms are in this upper
floor unit, the second floor unit? I can have my client answer that question. Okay. So, so actually,
Linad Chernak, can you virtually raise your hand?
while she's getting on the additional square footage that you're one of your client uh is
seeking here is that just a bedroom or is there a bathroom in there as well in here i think we'll
be trying to make it in that area right where your cursor is now you're going to create another
bedroom my question is will it be strictly a bedroom or is there going to be a bathroom
in that area as well i i'm not 100 sure i don't know because we haven't completed the construction
no because we haven't completed the construction like we're trying to just again square it off and
like we're trying to just again square it off
then look into how we're going to like lay this out a little better but again the reason i say
that because if you put a bathroom in there it could be creating a studio unit oh no i don't
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
you look at it i'm trying to get yeah again the diagram no disrespect to you is a little bit
difficult for me anyway to follow so how many square feet are we adding on by taking the garage
out and adding it to that first floor i mean the garage itself looks like maybe it's 10 feet and
you're talking about maybe 15 feet back you're talking about like 150 feet like there's no
yeah all right yeah and and we're not creating another opening if you look at like that's what
i'm saying no other entrance everything comes in the same way right yeah everything comes in the
same way exactly they're like we're not trying to create a front entrance to here okay it's just
like a window um mr knockamson yes i have a person with the name of ellie n is that the individual