civus
Hearing video

ZBA Hearing - July 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 17, 20247h 49m

the the condition of property was definitely a lot worse than than mark envisioned and again

Similar wording

it's it's been a bear of a of a project um and financing the little bit of financing that

Similar wording

that the client your client got did he uh use a title company and do a title search

Similar wording

well a title search would not i think what you're asking for was whether an appraisal was

Similar wording

was obtained a title search would only show whether there's any liens against the property

Similar wording

it wouldn't mention like what i don't know if you're what a title search is okay so but the

Similar wording

title search wouldn't like show if there's any violations against the property it's true but uh

Similar wording

yeah any other questions any other questions for the board

Similar wording

questions or comments from hillary emerson our attorney

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

i yes chair i have a hand up by the name of john schnabel they have been allowed to speak

Similar wording

i could you please state your name and spell for the court stenographer

Similar wording

Yeah, it's John Schnabel, John, J-O-H-N, Schnabel, S-C-H-N-E-B-L-E.

Similar wording

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

Similar wording

I do.

Similar wording

John, are you a neighbor?

Similar wording

I am. I'm a near neighbor. I'm actually the next door neighbor.

Similar wording

All right. Why don't you proceed, John, with your testimony?

Similar wording

So I'd like to address, I guess, in response to what's been said thus far in the comments on the pictures.

Similar wording

submitted. A number of those pictures are current state, so they weren't done prior to. They are

Similar wording

current state. The timeline that's been presented is simply wrong. The property was closed in April

Similar wording

of 2023 not june um and in april of 2023 um actually before i get there you know the questions

Similar wording

talking in terms of the dates you know and the questions that the owner was just asked by his

Similar wording

attorney um was work done prior to the makes if makes make safe permit absolutely work was done

Similar wording

prior to that permit the basement excavation was done by this owner um the removal of you know

Similar wording

of of all the debris has been done consistently since they bought the house um the work has stopped

Similar wording

only since june of this year when we had that last meeting the juneteenth meeting um and and

Similar wording

And since that point, work has stopped. Prior to that, work was continuing with zero permits, nonstop, almost daily since April of last year.

Similar wording

John, did you take the photos?

Similar wording

I did. I did.

Similar wording

Thank you.

Similar wording

And in April of last year, in terms of the removal of the HVAC system and that that was done in April of last year when this current owner owned the building and was done without permits, of course, the fire department was here with five fire trucks.

Similar wording

the fire commissioner and all right here on our street because there was they found that there was

Similar wording

85 plus gallons of fuel dumped in the basement into plastic containers and so that was removed

Similar wording

by the city they brought it they pumped it into two 55 gallon drums and then the city removed

Similar wording

those drums from the sidewalk. So work has been done nonstop since they bought the house without

Similar wording

permits. The 15 violations have been issued since they've owned the house. And the make safe permit

Similar wording

that they received was in response to a dangerous working condition, work done without architectural

Similar wording

engineer um and the issues with the exterior walls that was all work done after this owner

Similar wording

bought the building and had done work so i don't understand the you know there shouldn't be any

Similar wording

confusion on terms of whether work was done or when work was done the pictures i think clearly

Similar wording

or when work was done the pictures i think clearly illustrate the work that's been done

Similar wording

illustrate the work

Similar wording

Thank you.

Similar wording

um and those bricks you know on the roof are they're there today so um you know i think i

Similar wording

don't think there's any question here that the that the owner has you know maintained a dangerous

Similar wording

work environment um the building has numerous dangerous conditions um they've operated with

Similar wording

total disregard for any rules regulations you know any codes um you know consistently

Similar wording

and i don't see any intention clearly that they're gonna change and so my concern as well as

Similar wording

the neighbors that have signed the letter of opposition that we submitted um is that you know

Similar wording

based on what this owner has demonstrated thus far, there's no reason to believe anything

Similar wording

they're going to tell us about what their intentions are in the future. Um, you know,

Similar wording

the electrical and the plumbing and all of this work has been done in the house since they bought

Similar wording

the unit. There is no question there's, there's actually active violations from LNI for that work.

Similar wording

um and so there's no question whether or not any of that happened or is being done

Similar wording

uh Mr. Nockham do you have any questions no I mean I think again if you look at the listing

Similar wording

from Redfin it stated that there was plumbing work and electrical work done as part of prior

Similar wording

to our ownership of the property I would say that my client is stating that again it's it's you know

Similar wording

it's what is who the board's going to believe and i'm just stating that my clients indicated to me

Similar wording

that he hasn't did no work prior uh to the make safe permit okay that he did he focused his work

Similar wording

to the make safe permit and then there were some subsequent violations debating whether or not

Similar wording

additional work was taking place but i don't i don't think my client debated whether he removed

Similar wording

like debris from the inside, which existed previous. He just thought it was a hazard,

Similar wording

an environmental hazard, having all that molding material in there that was already

Similar wording

like dealt with by the previous owner. So I would ask that maybe what we can do is if there's

Similar wording

an inclination, I would, I always have my clients try to reach out to the neighbors and whatever

Similar wording

the decision of board is, it is, but my client's going to have to work with these neighbors,

Similar wording

regardless. And I would say hold this under advisement. Let's see if we can come up to

Similar wording

some type of agreement and writing that the neighbors feel comfortable with. And then maybe

Similar wording

we can report back to this board after the fact. John, John, thanks for your call. We appreciate

Similar wording

it. Is there anyone else in the virtual audience? Yes, Chair. I have a hand up by the name of Kim

Similar wording

Smith they have been allowed to speak okay hi could you please state your name is spelled for

Similar wording

the course sonographer can you hear me yes okay my name is Tim Smith K-I-M-S-M-I-T-H right do you

Similar wording

swear or affirm to tell the truth the whole truth nothing but the truth yes are you a neighbor

Similar wording

I am please proceed with your testimony okay I'm not only a neighbor I am a homeowner I've been

Similar wording

living on the block for over 50 years i am the block captain and a committee person okay i pulled

Similar wording

i pulled the neighborhood and the majority of the neighborhood is in disagreement with it becoming

Similar wording

a two-family dwelling and one of the reasons is is that we want longevity people move in move out

Similar wording

they're not invested in the property that we have a lot of problems with the people that are renting

Similar wording

in the neighborhood now it's just like a revolving door we want consistency that's number one

Similar wording

number two i'm sorry i'm trying to multitask at the same time all right take your time too when

Similar wording

the gentleman came around uh asking us to sign a petition i believe that he was a little bit

Similar wording

um he wasn't being truthful he said that the owner had intended on moving into the

Similar wording

property, and we've been told that before. I don't think the owner has intentions on moving

Similar wording

into this property. We're also having problems with parking. Parking is a beast in South Philly

Similar wording

right now. Another two-family dwelling means that two more families are moving in with multiple

Similar wording

cars. And I think a lot of the developers are thinking about making money. They're not thinking

Similar wording

about the consistency of the neighborhood. They're not thinking about the safety of the neighborhood.

Similar wording

they're not polling who they're renting to and people are just coming in and coming out and and

Similar wording

And people are just coming in and coming out.

Similar wording

And we don't want that.

Similar wording

we don't want that okay so the

Similar wording

Okay.

Similar wording

So the majority of the neighborhood, the majority of the neighborhood, I know you have a small petition of people that are protesting it.

Similar wording

But there are more who wanted to sign a petition, but it had to be in five days before.

Similar wording

But I can also share additional information of other neighbors, immediate neighbors that actually live on the block that do not want.

Similar wording

Thank you very much for your call. We appreciate everything you said. Mr.

Similar wording

Notkinson, do you have any questions?

Similar wording

No, I would just say that if you look at the addresses that we put as nearby neighbors,

Similar wording

many of them are the ones closest by to this project. Again, we try to keep it straight.

Similar wording

And I ask my clients when they reach out to reach the people who are most directly impacted.

Similar wording

And we did. I, you know, again, I think it's unfortunate, you know, sometimes when you're dealing with construction projects, it doesn't matter if you're the best developer in the world, there are instances. And that's why I stated, like, if there's an opportunity maybe to hold this under advisement, give us an opportunity maybe to reach over to those nearby neighbors. I always think it's good to have dialogue and see.

Similar wording

Let me see if there's anyone else, anyone else in the virtual audience.

Similar wording

Yes, Chair. I have a hand up by the name of Kathy Herman. They have been allowed to speak.

Similar wording

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

Similar wording

Yes, Kathy Herman, K-A-T-H-Y-H-E-R-M-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, Mr. Chair.

Similar wording

There's been a lot of testimony about this project. Are you in favor of the project or against?

Similar wording

I am opposed to the project.

Similar wording

Okay.

Similar wording

And is there anything else that we haven't heard that you could offer?

Similar wording

Well, first, I'd just like to add that I'm not just a near neighbor.

Similar wording

I am a next door neighbor.

Similar wording

Okay.

Similar wording

Just a few items to touch on.

Similar wording

The first is that the pictures, particularly of the facade that John Schnabel submitted, those are current pictures.

Similar wording

Those are not historical pictures.

Similar wording

that structural damage which is on the side of the house not the front of the house

Similar wording

has just been painted over ostensibly in the hope that no one will know this

Similar wording

um i am an attorney working from home i hear the construction on a regular basis

Similar wording

so the statements that no um construction has been going on it is is just patently false because i

Similar wording

have witnessed it firsthand. One point of clarification is that the reference to the

Similar wording

Redfin listing and the plumbing being in place, it's my understanding that subsequent to that

Similar wording

initial posting, someone broke into the home and ripped out all of the plumbing, all of the pipes.

Similar wording

That is what the prior owner said to me before the property was sold.

Similar wording

So any statement that the plumbing happened, the putting in plumbing prior to the sale is also not a true statement.

Similar wording

Thank you. Thank you very much for taking the time to close.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

There are no more hands at this time, Chair.

Similar wording

Thank you. Planning Commission.

Similar wording

Thank you, Chair Bergman. And good afternoon. David Effecto with the City Planning Commission.

Similar wording

chairman and board members the comprehensive plan recommends no change to the rsa5 residential

Similar wording

single-family zoning at this location this the zoning of this pro of this block face dates to

Similar wording

1988. the there is no unique physical condition or circumstance of this property that would prevent

Similar wording

it from being used in conformance with the zoning code the city planning commission recommends that

Similar wording

the board deny the proposed use variants for two dwelling units. Alan, we're going to vote this

Similar wording

today. MI 2024-002-321-1252 South 15th Street, I vote no. James Snell, my vote is no. Michael

Similar wording

Council. Pre-time. Okay, let's see here. 14, 13, 14. MI 2024-002-414-1441 Chesson Street.

Similar wording

Ronald Patterson is the attorney.

Similar wording

Ronald Patterson is coming in as a penalist. Letter of non-opposition.

Similar wording

ronald patterson is coming in as a penalist letter of non-opposition

Similar wording

from the center city residence association with provisos

Similar wording

mr patterson

Similar wording

Okay, Mr. Patterson, anywhere I'm here.

Similar wording

Oh, Mr. Patterson, could you please state your name and spell for the court stenographer?

Similar wording

Sure, Mr. Chairman.

Similar wording

Good afternoon.

Similar wording

Ronald Patterson, R-O-N-A-L-D-P-A-T-T-E-R-S-O-N, Claire Harrison Law Firm, on behalf of the property owner and the tenant.

Similar wording

Do you agree to waive the reading of the referral?

Similar wording

Yes, I do.

Similar wording

And have you had all your documents in within five days?

Similar wording

Yes, I do.

Similar wording

Why don't you please proceed and share your screen?

Similar wording

Thank you.

Similar wording

Are you able to see my screen?

Similar wording

Yes, we can.

Similar wording

Okay, thank you.

Similar wording

So this application regards 1441 Chestnut Street.

Similar wording

It is the high-rise property on Chestnut.

Similar wording

It contains the W Hotel, the Element Hotel, Dolce Restaurant, and a few other accessory uses.

Similar wording

in the building. We're here today for this corner retail space on the ground floor.

Similar wording

It's remained vacant. Never had a tenant in here. I've been working on this

Similar wording

project, the building, since the early 2000s. And there were many uses that came through that

Similar wording

I'm supposed to use this corner, but not where the right ones.

Similar wording

Here's a view from 15th Street, including a Vespa store.

Similar wording

That would have been a lot of fun seeing Vespas coming in and out of that store.

Similar wording

So what we're here to propose today is for a Mattis, M-A-D-I-S, coffee shop,

Similar wording

which under the code will be classified as a takeout restaurant.

Similar wording

Mattis has a location at 3527 Lancaster Avenue with coffee, cold and warm sandwiches, salads, bakery items, and the like, pre-cooked, no hoods, no deep fryers.

Similar wording

Go through some other photos here that would help.

Similar wording

These are photos of the interior.

Similar wording

Hard to see there from a phone.

Similar wording

but to your photos.

Similar wording

Sorry, I'm freezing here.

Similar wording

These are renderings of the interior space,

Similar wording

how it would look. 600 square feet, 22 chairs, open Monday through Sunday, 7 a.m. to 7 p.m.

Similar wording

Trash would be collected inside and brought to a common trash area that's managed by the building.

Similar wording

Here's a picture of the facility at Lancaster Avenue.

Similar wording

Just so you see what we're looking at here.

Similar wording

and so the property is located in the cmx5 commercial zoning district but also within

Similar wording

the center city overlay as we know any restaurant used on chestnut street walnut street south

Similar wording

east market street and south broad street require special exception to the board we did meet with

Similar wording

the cc search energy residents association ccra on june 25th they voted not to oppose and we agreed

Similar wording

to their uh standard proviso conditions for uh take out restaurants which you'll see here

Similar wording

um we believe that you'll see that we believe that we meet the special exception standards as

Similar wording

this will cause no adverse impacts on the public health safety welfare or traffic as evidenced by

Similar wording

the community's non-opposition, and it will cause no greater impacts than permit it useful.

Similar wording

impacts than permitted use. With that said, I have one witness, Mr. Sabas, SAV.

Similar wording

With that said, I have...

Similar wording

Ron, do you have a drawing for the inside what it's going to look like?

Similar wording

Did you see the new plan I put up?

Similar wording

Yep.

Similar wording

This is from the site plan showing where the floor plan would go.

Similar wording

and very basic plan here. Seating area here is the kitchen and all. This is where the

Similar wording

trash will be taken in the rear. I just wanted to show you, if you're finished looking at

Similar wording

this small space floor plan here. I did have a photo here of the side of the building on

Similar wording

15th Street. This is the building here. So this is former Randstad Street. This is a

Similar wording

common service street now that services both uh w hotel building and the the ritz building next

Similar wording

door and so that's where the trash will be taken out and removed there's a common trash area

Similar wording