civus
Hearing video

ZBA Hearing - November 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 1, 20234h 52m

22nd and Locust.

Similar wording

It's a fairly large property and I zoom in shortly, but it's not your typical row home

Similar wording

in the area.

Similar wording

Zoning, you'll see that most of the properties around are RM1 properties located in this area.

Similar wording

And if we were to use this as an RM1 property, we are in the dozens of units available.

Similar wording

But currently, there are no residential units in the property, and we are looking to make the first floor exclusively a single unit.

Similar wording

Some street views from the corner, opposite corner of the building.

Similar wording

Here's our frontage on, I believe this is the 22nd Street side.

Similar wording

And this is the Locust Street.

Similar wording

This is up Locust Street.

Similar wording

And this is Locust.

Similar wording

So this picture, just for knowledge, the intention is that the first, second, and third floors

Similar wording

of this building are exclusive to the law office.

Similar wording

Accessibility and entrance through the primary entrance will only give access to that one

Similar wording

business.

Similar wording

and then there's a red door that you can see on the side here I will zoom in a

Similar wording

little bit this red door leads to the basement and will provide common area

Similar wording

through the basement for passage for exclusive access to an elevator that

Similar wording

does exist and or stairwell so that the fourth floor residential unit is separate

Similar wording

and cordoned off from any of the business use it is the intention of the

Similar wording

applicant to use this residence for personal purposes but that is not

Similar wording

forever guaranteed and we also wanted to make sure that the the uses or anyone

Similar wording

who is in there would not interfere with anybody else and the use of the

Similar wording

property the roof deck as you can see from some of these aerial shots will be

Similar wording

located on this flat part of the roof we are working with historic in terms of

Similar wording

viewing angles but there is since it's so high up and set back already thank

Similar wording

thanks to these dormers you there's no visibility of what the proposed roof

Similar wording

deck will be on this on this section of the roof so again what we're seeking

Similar wording

what isn't technically at the refusal here but just to give the background is

Similar wording

the roof deck on the top this building does have a separate fire escape and

Similar wording

from from all floors down and out so there are multiple means of interior and

Similar wording

exterior egress. This page shows the existing floor plans, but I'm going to go right to

Similar wording

the proposed. So our proposed fourth floor plan would be to make this a single family

Similar wording

three bedroom, three bath residence with access to this roof deck. As you can see, the third

Similar wording

floor is existing law office and there's photos that will demonstrate what's going on in there

Similar wording

in some file boxes the second and first floor are actively used as the law

Similar wording

office as the photos will demonstrate and the basement will be as I indicated

Similar wording

And the basement will be, as I indicated, kind of parsed off where there's common accessibility and access to elevators and staircases, but certain areas will be restricted from the residence and or the business for the owner only, as well as certain areas designated just for the law office, like this little kitchen area.

Similar wording

kind of parsed off where there's common

Similar wording

as indicated before the site angles on the building do not allow for visibility of the

Similar wording

roof deck and we will again continue to work through historic with regard to the materials

Similar wording

and any other design issues with the roof deck here is the use permit that was issued

Similar wording

in 2012 that allowed for the law office in first second third floor with accessory use

Similar wording

in third floor basement. Again, just had not obtained the certificate of occupancy following

Similar wording

the issuance of the permit. Some interior photos of the basement as is current, mostly

Similar wording

storage as indicated. The entrance off the street comes in this way and you'll notice

Similar wording

that at the moment there is actually a handicap accessible ramp to bring someone in. This is

Similar wording

This is in part because the business may need to and has been required to, as a law firm,

Similar wording

see clients that needed accessibility into the building and they can then get to the

Similar wording

elevator and get to the first floor.

Similar wording

This is the first floor.

Similar wording

You'll see we have law firm operating out of this location and it's been maintained

Similar wording

this way.

Similar wording

Clearly has not been used as a residence for quite some time.

Similar wording

Also first floor use.

Similar wording

Here we have some shots of the second floor and offices within the second floor.

Similar wording

And we have the third floor storage that will continue to be used as law firm slash storage.

Similar wording

And then this is the fourth floor as it exists with, you know, just some empty rooms and

Similar wording

some things strewn around, but with the intent to convert this into the residential portion

Similar wording

that we were discussing.

Similar wording

For fire safety purposes, just so you're aware, and for trash, this is the exit from the basement down to the rear alley that leads both to the street as well as from the fire escape courtyard that leads through this alley or underpass area out to the street.

Similar wording

This is not a shared alley. This is exclusive, and this is trash and so forth are kept and stored under here and brought out at the appropriate time.

Similar wording

Here's a copy of the vesting deed indicating that George Beatty III is the owner of the property.

Similar wording

This is what we originally had from the tax clearance but in fact as you can see Mr. Beatty

Similar wording

while waiting for this matter to be called managed to get the system to work and did get an issue

Similar wording

date of today on a tax clearance certificate. We did meet with CCRA and they do not oppose of the

Similar wording

issue and they do not oppose the legalization of this use in the property.

Similar wording

This is the application that was filed for appeal. Copies of the postings on the property

Similar wording

and notice to the CCRA members with the refusal and several pages of notices of mailing to

Similar wording

near neighbors. I do have Mr. Beatty on the line to adopt my test. Prior to doing that, I do want

Similar wording

to just state that we do believe that there is a hardship in the nature of the fact that

Similar wording

the existing RM1 use, if this building were put to its called for use as RM1,

Similar wording

we believe that it would increase density significantly in the area, which is something

Similar wording

that we don't believe the neighbors were looking to have done. So that is in part why we believe

Similar wording

that they have not opposed but we are only increasing density by one unit in this circumstance

Similar wording

right um mr beady if you have the opportunity please raise your hand

Similar wording

do we see mr he was there a minute ago chair he disappeared there he is he's back again

Similar wording

Hi.

Similar wording

George Beatty has been unmuted.

Similar wording

Hi, Mr. Beatty.

Similar wording

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

Similar wording

Yes, George Beatty, G-E-O-R-G-E.

Similar wording

My last name is Beatty, B-A-D-E-Y.

Similar wording

Right.

Similar wording

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

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Thank you.

Similar wording

Mr. Beatty, have you had an opportunity to hear my statements to the board today?

Similar wording

Yes, I did.

Similar wording

Do you believe that my testimony was true and correct to the best of your knowledge?

Similar wording

Yes, that's correct.

Similar wording

And would you adopt my testimony today as if it was your own?

Similar wording

Yes, I just, the fourth floor is the residence issue.

Similar wording

You said that several times, and one time I think you said it was the first floor, but it's the fourth floor for the residence.

Similar wording

so with that caveat yes i adopt everything that you said very good thank you questions from the

Similar wording

So with that caveat, yes, I adopt everything that you said.

Similar wording

Very good. Thank you.

Similar wording

board no mr chairman no chair questions or comments from our attorney hillary emerson

Similar wording

none at this time mr chair questions or comments from the virtual audience

Similar wording

i see no hands at this time chair planning commission thank you sir and good afternoon

Similar wording

David Fecto with the City Planning Commission. The comprehensive plan recommends no change to

Similar wording

the residential multifamily zoning at this location. The appellant seeks a variance to

Similar wording

document an existing business and professional office in this property. The City Planning

Similar wording

Commission recommends the board grant the proposed use variance for a business and professional

Similar wording

office. Thank you. MI 2023-003-704-2200-204 Locust Street, I vote yes. Thomas Holliman,

Similar wording

my vote is yes. James Snell, my vote is yes. Thank you, counsel. You have your votes.

Similar wording

Thank you very much. All right. We're going to go back to number 10. MI 2023-004-265-164

Similar wording

North 54th Street.

Similar wording

Koanis Duckett is the attorney.

Similar wording

Koanis Duckett is coming back

Similar wording

and is a panelist, Sheriff.

Similar wording

Thank you.

Similar wording

Hi, could you state your name and spell it, please,

Similar wording

for the court stenographer?

Similar wording

Good afternoon. Can you hear me now?

Similar wording

I can.

Similar wording

Awesome.

Similar wording

And I can share my screen?

Similar wording

Yeah. Do me a favor.

Similar wording

Could you state your name first and spell it for the court stenographer?

Similar wording

Juan Estuckett, C-O-W-A-N-I-S-E-U-C-K-E-T-T.

Similar wording

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

Similar wording

I do.

Similar wording

Would you identify your client and relationship to this property?

Similar wording

164 CES LLC.

Similar wording

The owners are Samaya Minor and Alexander Daniels.

Similar wording

They are president of the vote.

Similar wording

Mr. Holloman, our board member, has a few questions for you.

Similar wording

Thomas?

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to his accuracy?

Similar wording

Yes.

Similar wording

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

Similar wording

Yes.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Good afternoon. I represent Alexander Deos and Maya Minor, owners of 164 North 54th Street.

Similar wording

Y'all are here because we're asking for zoning use fairies.

Similar wording

Property is already zoned as CMX1's commercial mixed use.

Similar wording

And right now we're asking to change the commercial space

Similar wording

and to be used as an assembly entertainment space

Similar wording

full of 49 people.

Similar wording

See the deed here.

Similar wording

This is the deed when they bought the property in 2021.

Similar wording

one, tax certificate. I want to take you up. Here, tax clearance, tax certificate clearance.

Similar wording

Here are the building plans. Now, they have not changed the footprint of the building. There have

Similar wording

been no changes to the building. There have just been renovations. So that has stayed pretty much

Similar wording

is saying this is the certificate of approval for the changes that they have

Similar wording

made some pictures of the orange posters on the building I believe their time

Similar wording

stamp started on the 10th of October we have a couple from the 17th

Similar wording

23rd there's the 17th right there and October 23 23

Similar wording

This property has been vacant for 40 years. This is a picture that's on the corner of 54th and Ray

Similar wording

Streets. At the time of Purchase, it was vacant for 40 years. Pictures of the back of the property

Similar wording

is overgrown, dilapidated. These are pictures of the inside before my client started making the

Similar wording

renovations. So what they've done is they've changed this space. They made

Similar wording

commercial space on the, I'm sorry, residential space on the second floor.

Similar wording

These are pictures of the second floor and their intention is to first floor as

Similar wording

and their intention is to first floor as an event space.

Similar wording

and events.

Similar wording

They've had a meeting with the RCL and the community members,

Similar wording

and a lot of people attended.

Similar wording

I believe over 20, there was a vote, and the vote was 7, 4, and 6 against.

Similar wording

We've heard many of the community's concerns,

Similar wording

and I think they highlighted that in a letter from, I believe it was Ms. Campbell,

Similar wording

who was the block captain.

Similar wording

And when we read their letter, we hear that their concerns are parking and violence.

Similar wording

For some reason, I see that they were paying particular attention to us selling alcohol.

Similar wording

I'm sorry. Yeah. If this event space is given a license to sell alcohol, there's nothing but give individuals full to engage in census acts of arguing, fighting, shooting, et cetera.

Similar wording

But 21 neighbors in the affected properties did sign it.

Similar wording

However, I believe those neighbors are misled by what my clients are trying to do.

Similar wording

They're not trying to sell alcohol.

Similar wording

We're not trying to obtain a liquor license.

Similar wording

There are also concerns about safety.

Similar wording

And I believe Ms. Campbell makes reference to her granddaughter, her grandchildren,

Similar wording

being able to be safe in the neighborhood.

Similar wording

Issues that they raise, I believe, are issues that what the use of this commercial space for doesn't change.

Similar wording

By right, if my clients wanted to open up a bodega or daycare or something like that, what they could do, there would still be issues with parking.

Similar wording

However, my clients have started to address their issues by reaching out to the resources in the community, specifically Pastor Fleming.

Similar wording

He's at the church down the street, I believe it's St. Jude Baptist Church.

Similar wording

And we've talked to him to arrange that people who are coming to our event space can park there on days where it's not Sunday service or a Bible study.

Similar wording

We don't want to interfere with their already existing services.

Similar wording

Let's see if...

Similar wording

We don't have a letter with the pastor, right?

Similar wording

We don't have a letter with the pastor.

Similar wording

So we did reach out to, sorry, wait a second.

Similar wording

Oh, there is, so for the parking attorneys, that's the best that we can do if we're open to other suggestions with regard to that.

Similar wording

Also reached out to Captain Newborn, the 19th District, to talk about safety issues, to ask for additional patrols when we have events.

Similar wording

And just to make a relationship so they're aware of what we're trying to do there.

Similar wording

With regard to other issues with violence, we talk to retired police officers to talk about security concerns.

Similar wording

And we also are looking to get armed security while we have events.

Similar wording

My client has also taken that corner and has brightened it up.

Similar wording

He's put out there 16,000 room and lights.

Similar wording

So the property is lit up at night.

Similar wording

It's very bright.

Similar wording

He also has surveillance cameras out there as well.

Similar wording

We've done all that we think we could to address the concerns of the community,

Similar wording

which I believe are based on the assumption that we were trying to get a liquor license.

Similar wording

Our clients are looking to use this as event space and community space.

Similar wording

We've already got commitments from Alpha Kappa Alpha Sorority,

Similar wording

which is an active member and an officer.

Similar wording