civus
Hearing video

ZBA Hearing - September 25, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 25, 20248h 45m

doesn't have a picture those are the two and then that's not an egress window so yeah so the side

Similar wording

one is uh no she doesn't have she doesn't have the kitchen that's the basement that's the kitchen

Similar wording

in the basement and that is so that's this window here yeah that's this window here

Similar wording

okay but there is either way there is direct egress outside yeah there is direct egress

Similar wording

outside as well.

Similar wording

There is. There's just not a lot

Similar wording

of natural light. That's all.

Similar wording

The questions from the board.

Similar wording

Questions or comments from our

Similar wording

attorney?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I do not see any further hands, Mr. Chair.

Similar wording

Planning Commission?

Similar wording

Amy Boyd with the Planning Commission.

Similar wording

The comprehensive plan recommends no change in zoning at this location from the existing residential single-family twin, RSA 3.

Similar wording

The property is located on the block base consisting of RSA 3 homes with no parking.

Similar wording

The additional unit would therefore consist of an overuse of the property.

Similar wording

Therefore, the Planning Commission recommends that the Board deny the requested variance for two-family residential use.

Similar wording

MI 2024-002-641-621-North-64th Street, I vote yes.

Similar wording

Michael Jones, my vote is yes.

Similar wording

Cheryl Gaston, my vote is yes.

Similar wording

Tanetta Graham, my vote is yes.

Similar wording

Iowan, my vote is no.

Similar wording

Thank you, Counselor, you have your votes.

Similar wording

Thank you.

Similar wording

Thank you, everyone.

Similar wording

Have a good day.

Similar wording

Number 15, MI 2024, 002-842-4143 Lancaster Avenue.

Similar wording

Henry Clinton is the attorney.

Similar wording

henry clinton is the attorney

Similar wording

they will be rejoining as a panelist soon sir

Similar wording

okay

Similar wording

good afternoon mr chairman and members of the board

Similar wording

counsel could you please state your name and spell for the courts tonight

Similar wording

sure henry h-e-n-r-y clinton c-l-i-n-c-o-n

Similar wording

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

Similar wording

I do.

Similar wording

Do you identify your client in relationship to this property?

Similar wording

Sure. My client is Kevin Roghani, R-O-W-G-H-A-N-I.

Similar wording

He's a member of the Orbitant Partnership.

Similar wording

Okay. Do you stipulate to the reading of the refusal, and do you agree with the accuracy?

Similar wording

I do, Mr. Chairman.

Similar wording

Please start your presentation.

Similar wording

And let me see here. I also. You have a letter of support from Hope, Philadelphia.

Similar wording

And also you have a petition of support from five neighbors, including four on the block.

Similar wording

Thank you, Mr. Chairman. Again, Henry Clinton on behalf of Mr. Raghani. Can you see my cover sheet?

Similar wording

We can.

Similar wording

All right. Contains a table of contents A1 through A10, which I ask be admitted.

Similar wording

it. This is the refusal. So this is basically a long, vacant commercial property, we believe at

Similar wording

least 10 years, on the 4100 block of Lancaster Avenue, where there are numerous commercial

Similar wording

spaces that are vacant. And there are some all residential units that are occupied, two triplexes.

Similar wording

And where the front facade of this property is in utter disarray, as is the internal

Similar wording

uh part of the property which i'll show you in photographs and we're basically going to rehab

Similar wording

the property drastically and and at great expense and redo the front facade

Similar wording

the background on this is there was commercial space historically and i have records from the

Similar wording

1920s indicating it was retail food and it was always retail or commercial on the first floor

Similar wording

and then three units above. Because my client contacted with a nearby commercial realtor,

Similar wording

basically advising us that keep the commercial space small because you have a better chance of

Similar wording

getting a commercial tenant. This is a block that's in transition. There are a lot of businesses

Similar wording

there, but there are a number of vacant spaces. So basically what we're doing is taking the first

Similar wording

floor commercial, shrinking the commercial space, keeping the facade as a commercial,

Similar wording

and then putting an accessible unit, one bedroom in the rear. So instead of having commercial in

Similar wording

three, we're asking for a commercial in four. And the reason being the commercial space is too large

Similar wording

and we want to try to attract some tenant there so we don't have a dark space. That's really the

Similar wording

background and I'll walk you through the presentation we do have an RCO letter of

Similar wording

support I just point out that there was other RCOs that also participated and

Similar wording

they're in support because they're trying to revitalize this commercial

Similar wording

corridor and they are happy that we're going to have an accessible unit on the

Similar wording

first floor these are signatures from other business owners on the block

Similar wording

there's a hair salon there's a barber shop and there's a sign shop and I'll

Similar wording

show you photographs. So this is an aerial view of Lancaster Avenue. Where my cursor is, that's

Similar wording

moving south. That's Brown Street, where my cursor is right now. And toward where my cursor is now,

Similar wording

it's north on Lancaster Avenue. So where the black line is, is the subject property. On the corner

Similar wording

is a new store that's supposed to be opening up. And I'll show you closer photographs of that.

Similar wording

As we work our way down the block going south, there's a hair salon, there's a sign company, there's a triplex, there's a vacant lot, and there's a few other vacant lots and some businesses on that side.

Similar wording

There's also some vacant commercial space.

Similar wording

This is a closer view.

Similar wording

So here with the red brick, which I believe has been painted over, and the front facade, which is in disarray, this is my client's property, which he just acquired in January.

Similar wording

The front wall, and I'll show you closer shots, is in really good shape.

Similar wording

I mean, it's going to be dressed up, cleaned up, new windows, and we're going to maintain the corners.

Similar wording

We're not adding anything to the footprint.

Similar wording

We're not adding any height or any third story.

Similar wording

We're basically keeping the building but redoing the front facade.

Similar wording

So this is a juice bar on the corner.

Similar wording

It's a relatively small space.

Similar wording

We believe it's under 500 square feet.

Similar wording

Here's the hair salon.

Similar wording

Here's the company that does printing.

Similar wording

Here is the triplex vacant lot, and then this is a triplex too.

Similar wording

Here is the triplex, vacant lot, and then this is a triplex too.

Similar wording

Again, some of the other, the closer shot of the various businesses.

Similar wording

The only thing I didn't say in the beginning, across the street, this is a tire repair shop.

Similar wording

A lot of vehicles parked in open space there, but it's been there for a while, and we understand that use.

Similar wording

So this is the rear of the property.

Similar wording

There's a bay that overhangs the second floor, excuse me, the first floor.

Similar wording

And this brings light and air into the units on the second and third floor.

Similar wording

And I'll show you the floor plan.

Similar wording

Because of the nature of this building, each unit is going to have ample light and air.

Similar wording

It's not a situation where the client's trying to cram a lot of units into a building where there's no light or air.

Similar wording

Because of the step-back construction of this property along the north wall, it really is advantageous for someone to have decent light and air.

Similar wording

This is the triplex down the street that I mentioned.

Similar wording

Here is a science store, another shot of our property, my client's property.

Similar wording

Directly across the street is a clinic from the Philadelphia College of Osteopathy Medicine.

Similar wording

And this is a better view of the property, again, with the hair salon right to the south.

Similar wording

Some interior photographs to show you the dismal condition of the property.

Similar wording

Basement will just be for storage and utilities.

Similar wording

These are the rear yard, overgrown, but will be taken care of.

Similar wording

We took a photograph of the property at night, just so you can see how it appears, and we

Similar wording

think that the brick may have been painted over and that there's maybe a brown or gray

Similar wording

brick underneath.

Similar wording

this is what the rendering this is running what the property will look like again maintaining the

Similar wording

cornice nice row lock of our windows the headers they'll stay the same and we'll redo the front

Similar wording

facade the door on the left is the entry to the accessible unit on the first floor and also to

Similar wording

get to the apartments upstairs let me just switch this around

Similar wording

again just the depiction of what the property will look like again maintaining what is there

Similar wording

let me go back and

Similar wording

this is the site plan but I and this is what I was talking about with the step back nature of the

Similar wording

building. This is the corner store, which is going to sell drinks and smoothies, and this is our

Similar wording

property. So along the north wall, it steps back, and this line will then serve as a line for our

Similar wording

commercial space with a door here so that there's open space for the commercial tenant to put

Similar wording

whatever items they want in the alleyway, but also along this alleyway, they're light to bring

Similar wording

into the first floor rear handicap unit and then the second and third floor also step back

Similar wording

and there'll you'll i'll show you there's windows here and also there's a two-story protruding bay

Similar wording

in the rear i'll work left to right this is the basement there'll be a shared basement accessible

Similar wording

for anyone who wants to use it except for the commercial space uh the front door as i said

Similar wording

There were two doors. One leads to the units. The other door leads to the commercial space, which is about 330 square feet.

Similar wording

Again, when my client, and he will testify to this, spoke to a commercial broker in the neighborhood at 52nd and Larchwood,

Similar wording

she said that it's best to try to keep the commercial unit small.

Similar wording

You're really going to be able to attract more of a wide range of tenants because they don't want to pay for large commercial space on the first floor.

Similar wording

and we don't want to compete with the other tenants on the commercial space on the block.

Similar wording

So my client is trying to gear this to maybe a small nonprofit, maybe a contractor, maybe

Similar wording

an accountant, you know, an accountant, something like that, that you don't need a lot of back

Similar wording

area, but you do need frontage on a commercial corridor and you do need to have an appealing

Similar wording

facade. So as you walk into the second door, the door on the left, you would lead to the

Similar wording

accessible unit in the rear, which has one bedroom and a full bath, kitchen, living room,

Similar wording

and dining area. Then you would walk up the steps to the second floor. You would have a two

Similar wording

Then you would walk up the steps to the second floor. You would have a two-bedroom unit as you enter. In the front would be a living, dining, and kitchen area, one bedroom all on the side with window area, and then bathroom having a window, and then a rear bedroom also having windows.

Similar wording

So the layout is going to be one bedroom on the first floor, two bedrooms on the second floor, and then on the third floor, it would be, again, one bedroom and then a studio apartment.

Similar wording

So you would then walk up the steps, and at the top of the steps on the second floor, there are trash enclosures for each of the three apartment dwellers on the second and third floor.

Similar wording

The first floor apartment will be able to keep the trash in the rear, and the commercial unit will be able to keep its trash outside.

Similar wording

in that small breezeway. I'll return to the third floor. We have one bedroom in the front

Similar wording

and then a studio, an affordable studio in the rear of the property.

Similar wording

The rest of the documents are the typical documents you would see in such a presentation,

Similar wording

our application, tax clearance, zoning map. Again, it is a unique small lot, but does have

Similar wording

an out area in the rear yard, but because of the step back nature of the building,

Similar wording

you are able to bring light and air into the building. The deed indicating ownership in

Similar wording

January of 2024, our notice letter, and then just some zoning records that we were able to find from

Similar wording

1954 indicating, because I couldn't find any current use at all. That's why I say it's been

Similar wording

vacant and in a blighted condition for a minimum 10 years and the folks on the during the community

Similar wording

meeting really weren't sure how long it's been vacant so i don't want to overstate that but we

Similar wording

do believe it's at least 10 years 1956 three family with retail and hand clothing this is a

Similar wording

document, the historical document just indicating 1924, three units, 1956, three units in the

Similar wording

business. And again, that same year, 1956. And again, this is a record from 1968. We were able

Similar wording

to find three-family retail food and cosmetics.

Similar wording

So, in conclusion, at least with regard to my testimony, I can have my client adopt my

Similar wording

testimony, but I did want to ask him a couple of questions before I concluded.

Similar wording

If he could unmute himself, Mr. Chairman.

Similar wording

Sure.

Similar wording

Kevin, can you raise your hand, please?

Similar wording

Okay.

Similar wording

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

Similar wording

Yes, my name is Kevin Rogani, K-E-V-I-N-R-O-W-G-H-A-N-I.

Similar wording

Or affirm to tell the truth, the whole truth, nothing but the truth.

Similar wording

Yes.

Similar wording

Please proceed, counsel.

Similar wording

Kevin, good afternoon.

Similar wording

And you've been on the call the entire time when I presented your project.

Similar wording

Yes.

Similar wording

Okay.

Similar wording

And can you tell the board whether or not you spoke to a commercial broker?

Similar wording

And if you did, what did that broker tell you and where are they located?

Similar wording

Yes.

Similar wording

They are located right down in Havertown, Havertford Road, or Havertford Avenue right there in West Philadelphia.

Similar wording

I spoke to them about this property and about my future plans.

Similar wording

They did agree that a small commercial space is better suited considering the area has a lot of vacant businesses and some of the existing businesses are using very small space.

Similar wording

The changes that we've experienced in the last five years with COVID, a lot of businesses are not requiring as much space.

Similar wording

um especially if it's a you know non-profit or some sort of contractor office or small office

Similar wording

of that sort um they said uh you know it would uh rent out um and it would be uh more affordable

Similar wording

for a small business to launch um in an area that needs you know uh commercial space to be filled

Similar wording

Kevin, you've been on the block numerous times, correct?

Similar wording

Correct.

Similar wording

And how many vacant commercial spaces are there on the block right now?

Similar wording

I would say at least 50%.

Similar wording

Um, there's, uh, there's a lot of businesses that went out of business and they're, uh, boarded up or the, uh, gates that are, uh, to protect the building or the glass, uh, are pulled down and they're just vacant.

Similar wording

There's a lot of businesses that went out of business.

Similar wording

Right. Do you have any leads on commercial tenants?

Similar wording

I'm like, not at the moment, because the state of the property is just not attractive to entice somebody to rent as is. So at the moment, no.

Similar wording

You have an intention to sign a listing agreement with a commercial broker?

Similar wording

Absolutely.

Similar wording

And do you intend to move forward with that if the board looks upon us kindly today?

Similar wording

Yes.

Similar wording

Okay. I don't have any further questions, Captain. Thank you.

Similar wording

By the way, one more question. Are you going to have this property professionally managed by someone, by a commercial broker?

Similar wording

Yes.

Similar wording

Okay. And are you going to make that first floor accessible unit affordable?

Similar wording

Yes, I will. That first floor is essentially matches the sidewalk grade. So in some aspects, it's easy for handicapped folks.

Similar wording

And also the studio apartment on the third floor, is that also going to be an affordable unit, which you told the community group?

Similar wording

Yes.

Similar wording

Okay. No further questions of this witness, Mr. Chairman.

Similar wording