civus
Hearing video

ZBA Hearing - April 26, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Apr 26, 20234h 10m

to run his administrative stuff for employees, et cetera,

Similar wording

out of the basement.

Similar wording

The first floor we're just proposing,

Similar wording

and let me just enlarge that a little bit for you.

Similar wording

You

Similar wording

Basically, we're proposing an ice cream shop on the first floor.

Similar wording

You would enter right through the corner.

Similar wording

Here is the counter space for the shop.

Similar wording

Back here is a bathroom, which patrons can use.

Similar wording

Can you speak up just a little bit?

Similar wording

We're having a hard time hearing you.

Similar wording

Can you hear me now?

Similar wording

Yeah, we can.

Similar wording

Absolutely.

Similar wording

Okay.

Similar wording

This is where you would enter the shop here. This is the counter display that would have the ice cream in it. This is a bathroom for patrons and employees. And back here we have the prep area. And further back we will have some storage back here.

Similar wording

The second floor is an already established two-bedroom apartment, which is currently legal, and I won't go through that for you.

Similar wording

I have some pictures of the property for you.

Similar wording

You can see it is a corner property, and here's a picture of the posting.

Similar wording

Across the street, as with many of these corner properties, is currently a beauty salon, which has been in existence for a while now.

Similar wording

I took the liberty of taking some other pictures.

Similar wording

I took a long shot of the property so you could actually see the length of the property here.

Similar wording

In the back here is like a little shed garage area, and that's where we would be storing the trash.

Similar wording

There's an entrance here to the upstairs unit, and then there's another window to the facility here.

Similar wording

That's a better look at the entire property on the Harrell Street side.

Similar wording

It's a pretty long property, suitable for commercial use.

Similar wording

There's a breezeway alley in the back of the property.

Similar wording

I just wanted to show you the entire property.

Similar wording

Here's a picture looking across the street at Harrell Street.

Similar wording

Again, a commercial dwelling here with one family on top of it.

Similar wording

It's currently being used again as a beauty salon.

Similar wording

that's just another look going down north 22nd street to the north

Similar wording

that's directly across the street which is a high school which is a dobbins high school

Similar wording

it pretty much takes up the entire block this is the school area in back of it i have another

Similar wording

picture for you to just show you the yard that's the parking area for dobbins high school

Similar wording

and down at the other end is this the yard and a playground associated with the high school

Similar wording

a commission is uh that's another long look looking south

Similar wording

down north 22nd street i just wanted to show you how the corner properties are generally have a

Similar wording

commercial uses um on 26th street they're long established uses so what we want to do is nothing

Similar wording

out of the ordinary is consistent with what's being done um there and the uses of the properties

Similar wording

I did send out a flyer for the civic meeting.

Similar wording

We did meet with the Civic Association on February the 6th.

Similar wording

Could you enlarge that for us?

Similar wording

Let's see one thing in a second.

Similar wording

We did have a meeting, it was on April 6th, it was a zoom meeting held by all in the

Similar wording

family uh we did did notice 117 uh residents and we did get the proof of mailing i would also like

Similar wording

to add uh there was not one person that attended the meeting that was in opposition um to the

Similar wording

request everyone was glad that this property was going to be renovated and thought that at ice

Similar wording

cream parlor would be a nice addition um to the community i also had the opportunity to talk to

Similar wording

the block captain who was very interested in it and had support for the project and wanted to

Similar wording

know whether or not we would hire individuals from the community and we indicated that we would

Similar wording

I mean with that that's all I have a commissioner I'm willing to answer every question that you

Similar wording

picture the posting yes

Similar wording

I

Similar wording

I did post this property, and I did provide Ms. Emerson with a timestamp.

Similar wording

Okay. All right. Do you have the owner here to adopt your testimony?

Similar wording

Yes. Mr. Owens, could you raise your hand, please?

Similar wording

Mr. Owens is going to be allowed to speak.

Similar wording

hi sir could you state your name and spell it please for the court reporter

Similar wording

uh good afternoon my name is dean owens

Similar wording

spell please for the court reporter yes sir uh dean owens d-e-a-n-o-w-e-n-s as in sam

Similar wording

right do you swear or affirm to tell the truth the whole truth and nothing but the truth sir

Similar wording

I swear. Okay, counsel? Mr. Owens, are you the owner of 2620 North 22nd Street? Yes, I am.

Similar wording

Your company, I'm sorry, Darren Creative Solutions? Yes. And Mr. Owens, did we have a

Similar wording

meeting with the Civic Association on February 6, 2023? Yes, we did. And did they fully support

Similar wording

this project? They did. And Mr. Owens, have you heard my testimony as presented at this hearing

Similar wording

today yes i have and would you adopt my testimony as truthful i do adopt it as truthful thank you

Similar wording

that's all i have commissioner questions from the board

Similar wording

no mr chairman no mr chairman questions or comments from the virtual audience

Similar wording

i see no hands chair mr chair this is hillary i just want to jump in quick

Similar wording

um there's three the rco did ask for provisos for um hours of operation um basically seasonal hours

Similar wording

we have no we have no i was gonna ask if you agreed yes we agree okay thank you excuse me

Similar wording

chair two hands sorry two hands just went up looks like one is from swan poodle and the first

Similar wording

one is from a number ending in

Similar wording

0681.

Similar wording

Shall I give the 0681

Similar wording

first? Yeah, give me the first one first.

Similar wording

Yep. Okay.

Similar wording

They've been allowed to speak.

Similar wording

Hi, could you state your name, please, and spell for the

Similar wording

court reporter?

Similar wording

Caller ending in 0681.

Similar wording

Can you unmute yourself, please?

Similar wording

Star six on mute.

Similar wording

they're not unmuted yet okay go go to number two okay it's going to be um adrian fernandez

Similar wording

yep yep he's been allowed to speak miss just state your name for the record please

Similar wording

Ms. Fernandez

Similar wording

She's muted

Similar wording

Ms. Fernandez can you unmute

Similar wording

Is her hand up

Similar wording

no her hands down now but she's muted

Similar wording

can you hear me now yeah we'll hear you now could you just raise your voice just a little

Similar wording

bit just state your name for the record oh sure

Similar wording

all right you've already been sworn but we're having a hard time hearing you could you get

Similar wording

closer to the phone or raise it a little bit can you hear better now absolutely thank you

Similar wording

proceed okay um i did send a request for continuance um there was a neighbor calling

Similar wording

in i think she's going to try to call in again um we did not receive any notice at all for this

Similar wording

um meeting i did speak to the rco coordinator about 10 minutes ago and she said a meeting was

Similar wording

held but she wasn't aware that we did not receive a notice um this type of business um the neighbors

Similar wording

in that area do not like this type of business because there's too much traffic, too much trash,

Similar wording

noise, and loitering. Just a half a block away we had meetings and VBA hearings for a similar

Similar wording

request and that property chose to restrict themselves to businesses like a church or

Similar wording

accounting office or a law office. So it would be really unfair for a half a block away for there

Similar wording

to be a takeout business with lots of traffic, especially from the school across the street.

Similar wording

take out business with lots of traffic especially from the school across the street we have a mall

Similar wording

on the north border across the street from the north border of Dobbins High School and that's a

Similar wording

more appropriate place to have a business with a lot of traffic a lot of trash sugar water and

Similar wording

just other concerns that the neighbors have we are asking for a continuance because also the

Similar wording

building was not posted. So the chance for neighbors to come to the ZBA hearing was sort

Similar wording

of taken away from them. We're opposed to this project. As, as it's presented, I did

Similar wording

not hear a trash management plan. I did not hear a traffic management plan. So we're opposed

Similar wording

to this project. Thank you. Anyone else in the virtual audience? I see no handshare.

Similar wording

um council you want to respond yes commissioner uh commissioner

Similar wording

just that property and i posted it uh with the required sign not only that i walked the property

Similar wording

and i walked the neighborhood and i spoke to uh at least four neighbors on the block captain

Similar wording

no one person had an opposition um to the use uh the meeting was publicized

Similar wording

I sent out 117 notices. Not one person who attended our meeting had any objection to the operation of a ice cream, water ice store.

Similar wording

We did address the trash. We addressed how the trash would be removed.

Similar wording

We addressed the number of employees that we would have and how the outside of the property would be well kept and broom swept on a daily basis.

Similar wording

And for those reasons, Commissioner, I am asking you to approve this application.

Similar wording

Thank you.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman.

Similar wording

David Vecto with the City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the residential single-family zoning at this location.

Similar wording

This building has a documented history of use as a storefront, sometimes occupied and sometimes vacant, dating to the 1950s.

Similar wording

The City Planning Commission recommends the board grant requested use variances for takeout restaurant and multiple principal uses on a lot.

Similar wording

Thank you. MI 2023-000-125-2620 North 22nd Street.

Similar wording

I vote yes with provisos.

Similar wording

Hours of operation 11A to 630P, September 1st and May 31st.

Similar wording

not 11 a to 9 a June 1st to August 31st sorry Mr. Chair there's an error there that should be 11 a

Similar wording

to 9 p okay 11 a to 9 p.m June 1st to August 31st thank you counsel Thomas Holloman my vote is yes

Similar wording

with provisos.

Similar wording

LaBara Leonard Palmer, my vote is yes,

Similar wording

but proviso.

Similar wording

Council.

Similar wording

Thank you very much, commissioners.

Similar wording

Number four,

Similar wording

MI 2023

Similar wording

000124

Similar wording

1330 to 32

Similar wording

North 5th Street.

Similar wording

Matthew Monroe

Similar wording

is the attorney.

Similar wording

Letter of support

Similar wording

from South Kensington Community Partners.

Similar wording

Mr. Monroe has been promoted, Chair.

Similar wording

Okay.

Similar wording

Hi, Mr. Monroe.

Similar wording

How are you, sir?

Similar wording

Could you please state your name

Similar wording

and spell it for the court reporter?

Similar wording

Yes, Chairman Bergman.

Similar wording

Matthew Monroe, M-A-T-T-H-E-W-M-O-N-R-O-E

Similar wording

with Monroe Law.

Similar wording

All right.

Similar wording

Do you swear or affirm to tell the truth,

Similar wording

the whole truth, nothing but the truth. I do. Could you identify your client,

Similar wording

the relationship to the property? Yes. I'm here today with representatives from the FS Family

Similar wording

Limited Partnership, as well as from Parallel Productions. FS Family, the partnership owns

Similar wording

the building and the Parallel Productions is going to be the new tenant. All right. Mr. Howlman has

Similar wording

just a few questions for you, sir. Yes. Good afternoon, counsel. Do you agree to waive the

Similar wording

reading of the refusal and stipulate to his accuracy? I do. Did you email all exhibits and

Similar wording

documents as required five days in advance to this hearing? Did you meet with the RCO and do

Similar wording

you have a letter? Yes to all with the exception of the certificate of bulk mailing which I sent

Similar wording

over and I'm showing on the screen right now. Thank you. Please proceed. Good afternoon Chairman

Similar wording

Bergman, members of the board. Today I'm here and happy to be here on behalf of my client who owns

Similar wording

this building, which is a single-story warehouse building. From what we can tell, this building was

Similar wording

From what we can tell, this building was built pre-zoning code. There's not much in the archives about it, but we're here with their proposed tenant, Parallel Productions, who is an established production services company.

Similar wording

built pre-zoning code. There's not much in the archive.

Similar wording

They do photography. They also provide support to many of the film, video, TV, movie, commercial productions in and around Philadelphia, and they also have some back office storage, and they're planning on moving their operations here to North 5th Street, which has a burgeoning artistic and creative community around it.

Similar wording

So the proposed uses that we have for this building are for artisanal studio, artist studio, business and professional office because Parallel Productions plans to use this as their headquarters and their back office, as well as for storage of some equipment that they're going to be taking out in the mornings for use on site at productions and then bringing it back.

Similar wording

I'll just quickly run through the exhibits that we have. And just to kind of go back, this is in an RSA 5 district, even though the building itself is an old industrial building.

Similar wording

We have here at Exhibit 1 the deed. At Exhibit 2, we have the refusal, our application and petition for appeal here, the project information statement, as well as the notice that went out timely, and we just showed you the certificate of mailing up on the screen.

Similar wording

here the building was properly posted more than 21 days before the hearing here you can see the

Similar wording

photographs and in here this is just some sketches of the building there's not going to be any

Similar wording

changes to the exterior of the building it is as it is this is just to give you an idea of what the

Similar wording

floor plan looks like in case that becomes an issue and here to provide some context this

Similar wording

highlighted strip in the middle of your screen is it's a street-to-street lot and you can see

Similar wording

there's nearby IRMX so there are industrial uses. To provide some context this building

Similar wording

as I said before it's been there for a while it's also not an outlier so this is not an ask where

Similar wording

we're requesting to put a commercial or industrial use in the middle of a neighborhood. There are some

Similar wording

existing structures across the street. You can see there's a single-story warehouse building

Similar wording

that's similar with a roll-up garage. And then if you're looking down, looking south on North

Similar wording

5th Street, you can also see some other single-story industrial buildings. And then looking

Similar wording

up North 5th Street, you can see some new development as well as some older office and

Similar wording

industrial spaces that pre-exist the building. This is on North Randolph Street, as I mentioned

Similar wording

before. This is a street-to-street building, and this is the rear of our property that we're

Similar wording

talking about right now that's going to be used. I've included also what is available in the zoning

Similar wording

archive. I think it's important to note that because the building was at some point just

Similar wording

built as an industrial building, it was later rezoned as RM1, but then later as RSA5. So in

Similar wording

order to continue to utilize the building for as it is, the owners needed to get a zoning

Similar wording

variance each time. So the last use, which was approved after the zoning board found at that

Similar wording

time that there was a hardship on the building, was for storage of bikes and repair of bikes.

Similar wording

it was an indigo bike storage, and they're no longer there, obviously. And so my clients were

Similar wording

looking for a use that would be appropriate, given that there are some residential properties

Similar wording

around there. And they did their due diligence, they had lined up a potential tenant for CrossFit

Similar wording

gym. But before they signed the deal and moved forward with that, they hired an acoustics

Similar wording

expert to determine whether the music and some of the louder noises that you would hear at a

Similar wording

CrossFit gym might be heard outside. And they determined that you could. So instead of trying

Similar wording