civus
Hearing video

ZBA Hearing - August 9, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 9, 20235h 36m

Good afternoon.

Similar wording

Yes.

Similar wording

Good afternoon, sir.

Similar wording

have you emailed in all the required documents and exhibits that are needed

Similar wording

and required to proceed with this case but it's okay thank you please proceed and share your

Similar wording

Please proceed and share your screen.

Similar wording

screen so this application is for a group child

Similar wording

So this application is for a group child care on the first floor with existing single family dwellings above and an existing attached structure.

Similar wording

The proposed use group child care is prohibited in the RSA 5 zoning.

Similar wording

The proposed multiple uses on a main lot is prohibited in the RSA 5 district zoning.

Similar wording

So please proceed, sir.

Similar wording

i'm sorry chair i hate to interrupt but this is tanya if i may depending on what the applicant

Similar wording

would like to do if it is an issue and a concern for him speaking i could grant him a two-week

Similar wording

continuous if that would help is just a um something if it would help him with his voice

Similar wording

thank you mr strafford you're the ones going to have to testify if you want to wait we could give

Similar wording

you two weeks and by then maybe you could be back to where you need to be no it's okay i can speak

Similar wording

okay all right all right um please share your screen all right you have your documents yes

Similar wording

so we transitioned to our our cell phone so i don't know how to share on this one second

Similar wording

so there should be a share screen button at the bottom

Similar wording

okay so i have to get i have to pull up the the the email on this

Similar wording

and i say if you need to if your other device if you had the documents you could use the other

Similar wording

device to share and then this device to speak okay okay we just need we need to re-promote

Similar wording

your other other device okay i think i found it all currently is not listed you have to reconnect

Similar wording

it to zoom okay sorry for the inconvenience and thank you for your patience your voice is getting

Similar wording

better.

Similar wording

Okay, Mr. Stafford, both devices are connected, you can proceed.

Similar wording

Okay, I'm ready.

Similar wording

Well, it's going to have to put the documents up, okay?

Similar wording

Okay, we're doing it now.

Similar wording

excuse me chair and um going forward whichever device you're not using to speak with please

Similar wording

mute it that way we won't have any feedback or echoes please okay

Similar wording

do you see the green screen the green button

Similar wording

i'm trying to find where we are joining

Similar wording

okay well we try to pull it up but I just want to say we purchase the property with

Similar wording

the tensions today and transmission our family child care business to hand free we would like

Similar wording

service our neighbors with a small group daycare we are also asking for a special exception because

Similar wording

use of a space and compatible with the surrounding neighborhood and community

Similar wording

we are asking to be considered because our business will not cause harm to the city or

Similar wording

environment we live in the community as well have received a lot of support from our near neighbors

Similar wording

because it promotes a healthy and safe space for the children in our zone district rs5 rsa5

Similar wording

okay so that's all but we need to see some of the documents okay we're trying to get

Similar wording

Mr. Stratford did you post the property for today's hearing because that was one thing we

Similar wording

did not receive is a proof of posting we sent it yesterday yes I sent it yesterday well we sent it

Similar wording

yesterday okay you may need to resend it because I have not seen it so if you can if you when you

Similar wording

pull up your screen if you can show us that and then send it again for the record that would be

Similar wording

great thank you yes ma'am i'll be making out we're finding it on the documents

Similar wording

How do we make it out? We're finding it on the documents.

Similar wording

Chair, this is Tanya again. We're going to have the staff look for the documents that we received.

Similar wording

Okay, we're going to move on.

Similar wording

Okay, and we can come.

Similar wording

I have it.

Similar wording

We have it.

Similar wording

But can you put it on the screen, ma'am?

Similar wording

yes i'm pulling it up now share screen all right here we go

Similar wording

can you guys see that no

Similar wording

all right i hit share screen

Similar wording

turn your mic mrs straffler yes you want to open the document first unshare your screen

Similar wording

open the document, and then click share screen once you're able to visualize what you're trying

Similar wording

to share. Yes, that's what I did. So now I'm hitting share screen, but it's not sharing what

Similar wording

I want to share. All right, here's the document. Excuse me, this is the court reporter. Could I

Similar wording

ask that one of the devices be muted? I'm starting to get a little echo.

Similar wording

thank you so mr strafford we're going to move on and come back to you we we we really have a full

Similar wording

schedule today see if you can get this straight but i'm i'm going to move on to the next case

Similar wording

and we'll call you back okay okay number five mi 2023 001 733 6798 essington avenue

Similar wording

Dawn Tancredi, and Clementine Amazine are the attorneys.

Similar wording

Letter of support from Southwest Philadelphia Consortium of RCOs.

Similar wording

The 40th Ward Republicans serve as the coordinating RCO.

Similar wording

Ms. Tancredi is coming back in as a panelist.

Similar wording

Hello.

Similar wording

Hi, how are you?

Similar wording

State your name, please, and spell for the court stenographer.

Similar wording

Good afternoon. Dawn Tancredi, T-A-N-C-R-E-B-I.

Similar wording

Right. Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

Could you identify your client in relationship to this product?

Similar wording

Sure. I represent SRM Developers, LLC, owner of 6798 Essington Avenue.

Similar wording

Our vice chair has just a few questions.

Similar wording

Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate

Similar wording

to its accuracy? Yes. Have you emailed in all the required documents and exhibits that

Similar wording

are needed to proceed with this case five days in advance of this hearing? Yes, my office

Similar wording

did that. Thank you very much. Please proceed and share your screen. Thank you.

Similar wording

Okay, so we are here seeking a use variance for a nightclub in order to utilize what has

Similar wording

been vacant, unfinished, and unused space at the rear of the property at 67.

Similar wording

what are you doing okay at 6798 essington avenue

Similar wording

this is the interior space that we're seeking a variance for and these are some photos of the

Similar wording

property. You can see Essington Avenue is a multi-laned corridor. This is the front of the

Similar wording

property here. You can see the Oasis Club. That's the front parking lot. And then there's access to

Similar wording

the rear of the property through this side drive area. And you can see a large parking lot at the

Similar wording

rear of the property and separate access to this separate space where the proposed nightclub would

Similar wording

be. So the property is in the middle of an industrial area. Surrounding uses include car

Similar wording

dealerships, collision centers, the parking authority, impoundment lot, car rental companies,

Similar wording

and a wholesale produce market.

Similar wording

There are no nearby residents. It is highly industrial.

Similar wording

There are no nearby residents.

Similar wording

It is highly industrial.

Similar wording

Here again on the site plan, you can see the proposed space is about 4,000 square feet, and there will be a proposed vestibule here at the entrance.

Similar wording

The proposed use does complement the existing use on the property.

Similar wording

We have a rendering here of the space.

Similar wording

The hours of operation would be 10 p.m. till 3 a.m. Thursday through Sunday.

Similar wording

Plus, the space could be rented at other times for private events.

Similar wording

It's anticipated that the proposed use will create a minimum of 40 jobs and potentially even more.

Similar wording

The business in the front of the property already has security and commercial trash pickup. The proposed business will as well.

Similar wording

I do want to point out that permitted uses in the I-3 district do include vehicle sales,

Similar wording

wholesale distribution, and industrial use, a lot of what we see surrounding this property,

Similar wording

and those permitted uses are not compatible with the existing business on the site.

Similar wording

They would take away parking spaces, number one, and number two, they would entail a lot of truck traffic, which would create a dangerous situation where consumers are walking around the parking lot.

Similar wording

So taking you back to the site plan, I do want to point out that the plans do include extensive landscaping in the front here.

Similar wording

and that will help beautify Essington Avenue further the operators of this proposed nightclub

Similar wording

are John Meehan and Wayne Schulich who are available today to testify if the board has

Similar wording

any questions for them each of them in their own right have 25 to 30 years experience operating

Similar wording

restaurants and nightclubs in Philadelphia and throughout the country. John also is a member

Similar wording

of the entity that owns the site. We did meet with the RCOs and we have a letter of support.

Similar wording

I believe that Craig Melodosian is also on this call and can speak for himself.

Similar wording

The architect Michelle Kleschick is also on the phone and she's available to answer questions as well.

Similar wording

If there are no questions, I would ask for my client to be unmuted so that I could ask him to adopt my testimony.

Similar wording

Why don't we bring your client on?

Similar wording

Okay.

Similar wording

John, are you on there?

Similar wording

what is the client's name john mehan or wayne schlick

Similar wording

i've allowed john mehan to speak okay sir could you state your name hi could you state your name

Similar wording

and spell for the court stenographer my name is john mehan m as in mary e as in edward e as in

Similar wording

Edward. H as in Harry. A as in Apple. N as in Nancy. Do you swear for him to tell the truth,

Similar wording

the whole truth, and nothing but the truth? I do. Proceed, counsel. Thank you. John,

Similar wording

have you heard my testimony this afternoon? Yes, I have, Dawn. Is it true and accurate to the best

Similar wording

of your knowledge? Yes, it is. And do you adopt it as though it were your own testimony? I do.

Similar wording

Okay. I have no further questions.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Craig Melodosian, I have allowed them to speak.

Similar wording

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

Similar wording

Craig Melidosian, C-R-A-I-G, last name M-E-L-I-D-O-S-I-A-N.

Similar wording

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

Similar wording

I do, Chair Bergman.

Similar wording

Proceed, sir. And you speak for the RCOs.

Similar wording

Yes, sir. I just wanted to say that Council Verily adroitly summed up the operational issues that challenged the site.

Similar wording

I also wanted to further indicate that the owners that we met with, John and Wayne,

Similar wording

I also wanted to further indicate that the owners that we met with, John and Wayne, along with the wards council, showed a level of engagement and relationship building that we normally do not enjoy from other applicants.

Similar wording

We think that this would be a less onerous use than some of the other things that could go in there.

Similar wording

And with the construction of the Bellwether District with about 10.5 million square feet of logistic space and about 350 or 3.5 million square feet of life sciences space taking place directly across the river, that this will bring us an additional venue that will serve for both food and meeting spaces.

Similar wording

the corridor at this point is rather downtrodden. So as we put into the letter, we're very

Similar wording

appreciative of the landscaping efforts, as we say so often other applicants trying to escape them.

Similar wording

Just wanted to say we thank them and we look forward to working with them and we appreciate

Similar wording

the potential for employment opportunity that they'll also be bringing into our community.

Similar wording

Thank you very much for calling us and your input. Is there anyone else in the virtual audience?

Similar wording

No further hands, Mr. Chair.

Similar wording

Aye, Planning Commission.

Similar wording

This is Paula Brumbelow-Burns.

Similar wording

The comprehensive plan recommends no change

Similar wording

to the heavy industrial zoning at this location.

Similar wording

The appellant requests to expand

Similar wording

a legally non-conforming use.

Similar wording

The appellant has shown that the proposed expansion

Similar wording

will not injure the use of adjacent properties.

Similar wording

However, to bring the property closer

Similar wording

into compliance with the zoning code,

Similar wording

staff recommends approval with the condition

Similar wording

that the appellant submit a landscaping plan which complies with section 14-803 section 5

Similar wording

parking and landscaping screening section of the philadelphia zoning code

Similar wording

thank you and thank you the landscaping has been shown on the plan that's been submitted

Similar wording

um mi 2023 001 733 6798 essington avenue i vote yes

Similar wording

james snell my vote is yes

Similar wording

Thomas.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Ish.

Similar wording

Counselor, you have your three votes.

Similar wording

Thank you, Mr. Chair and members of the board.

Similar wording

Have a great day.

Similar wording

You too.

Similar wording

MI-2023-001-708-941-North 6th Street.

Similar wording

Alan Nockamson is the attorney.

Similar wording

Letter of support from Northern Liberty's Neighbors Association

Similar wording

with proviso for a maximum of two dwelling units.

Similar wording

Mr. Nockmson, you've already been sworn.

Similar wording

Could you just state your name for the record, please?

Similar wording

Yes, Alan Nockmson.

Similar wording

And can you identify your client and the relationship to this property?

Similar wording

Yes, my client is Gouman Properties, LLC.

Similar wording

And in the virtual audience is Talbinder Gouman, its principal member.

Similar wording

All right.

Similar wording

And Mr. Holloman has a few questions.

Similar wording

good afternoon council do you email all of the exhibits and documents as required

Similar wording

five days in advance to this hearing uh yes we have

Similar wording

please thank you please proceed and share your screen thank you

Similar wording

oops that's not it let's try that again all right here we go

Similar wording

all right i'm here to present 941 north 6th street um and we do have a few provisos uh so

Similar wording

we'll go over that but first we'll review the notice or refusal alan try to get a little

Similar wording

closer to the mic, please. Sure. Sorry about that. We do have a few provisos we want to go over with

Similar wording

you, but first we'll review the notice of refusal, then the letter of support from the Northern

Similar wording

Liberties Neighbors Association. Then we have the revised plan form completed with bullet points of

Similar wording

what we're changing on the plan. We also have a use permit that shows that this property was used

Similar wording

as great as five units at one point, and most recently as three units. Then we have nearby

Similar wording

multifamily properties that are RSA 5. And then one of the other refusal, we have a use refusal.

Similar wording

that are RSA 5. And then one of the other refusal, we have a use refusal for multifamily use. And then

Similar wording

the other refusal has to deal with the five-foot side yard, showing that it's not out of character

Similar wording

to have a side yard of less than five feet. Maps of the area, photographs of the property,

Similar wording

our plans and drawings, our meeting notice, our application for appeal, showing that GUMON

Similar wording

Properties LLC is the owner of the property by way of the application that we filed on their behalf,

Similar wording

as well as the deed to the property showing that they own the property and our certificate of tax

Similar wording