civus
Hearing video

ZBA Hearing - July 17, 2024

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

to make a viable economic use of your property? Yes, definitely. And can you please elaborate

Similar wording

on that for the board? Well, family child care is a permitted use already.

Similar wording

however within my ward i can only have up to four children and that's not economically viable to run

Similar wording

the small business and support myself it's it's important to note that i am not seeking to have

Similar wording

10 15 or 20 children coming in and out of my residence i'm not seeking to and making the

Similar wording

highest and best economical use of my property rather i'm only seeking to make a viable economic

Similar wording

use of my property. And Ms. Thompson, do you believe that the proposal will have a negative

Similar wording

impact on your neighbors and community? No. I live in a one-half of a twin dwelling that sits

Similar wording

close to an existing restaurant, and it's catty-corded to the TD Bank across the street.

Similar wording

Given the commercial nature at the end of the block that I reside on,

Similar wording

I don't believe that there will be any negative impacts.

Similar wording

Okay. And when you talk about the commercial nature and the parking, that was represented by the exhibits that I showed earlier, 16 through 18?

Similar wording

Okay, and when you talk about the commercial nature in the parking, that was represented?

Similar wording

Yes, because a concern was voiced about parking on the black there.

Similar wording

Okay. And do you believe that these challenges make your property unique and have caused you a hardship in the effective use of your property?

Similar wording

Yes. If my house was located in another ward, I could get up to six children by right.

Similar wording

And I think that that shows the hardship is related to the property itself and not related to a general requirement of the code imposed on all properties.

Similar wording

Okay. And Ms. Thompson, is there any way for you to develop the property for your desired use without the requested variance?

Similar wording

No. As I mentioned, I run a small business.

Similar wording

It must provide for my bills and expenses.

Similar wording

Limiting the use to four children will not allow me to survive, which is the whole point of me downsizing and relocating to my personal residence.

Similar wording

Okay, and Ms. Thompson, can the foregoing be cured with a request for a dimensional variance?

Similar wording

No.

Similar wording

okay and Ms. Thompson then the variance if authorized represents the minimum variance

Similar wording

that will afford relief and represent the least modification possible of the regulations at issue

Similar wording

is that correct yes

Similar wording

okay and uh Ms. Thompson did you create the hardship of the location of your property in

Similar wording

ward 55? No, it was existing. Okay, and Ms. Thompson, did you create the hardship of locating

Similar wording

your property near a bank and a Mexican restaurant? No, I didn't create the hardship.

Similar wording

And Ms. Thompson, if the variance is denied, will it cause an unnecessary hardship on you?

Similar wording

absolutely i will have to just close the business probably

Similar wording

i'll be in the same predicament that i'm currently in

Similar wording

you're done counsel thank you and and miss thompson the proposed project then in all respects yes

Similar wording

okay you're done you might have froze are your presentation

Similar wording

I still have a couple more. All right. No, I still have a couple more questions. I know we're trying to get out of it.

Similar wording

I think you're starting to repeat yourself a little bit, but go ahead.

Similar wording

Oh, OK. Well, so then the last one I just want to ask, Ms. Thompson, is the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. Is that correct?

Similar wording

That's correct. It won't at all.

Similar wording

Okay. And then, Ms. Thompson, earlier today I showed a photo of the orange placard. Did you place that yourself?

Similar wording

Yes. 21 days in advance.

Similar wording

Thank you. And then in advance of today's hearing, did you mail out the requisite notice to the neighbors in the RCO?

Similar wording

Yes.

Similar wording

And in advance of today, were you able to speak to any immediate neighbors?

Similar wording

Yes, I was able to.

Similar wording

And what was their reaction?

Similar wording

The two neighbors that are directly beside me, they have no issues with me opening a child care center here.

Similar wording

Okay.

Similar wording

And then, Ms. Thompson, the last question I have for you is, did you ever attend a meeting with an RCO?

Similar wording

Yes, Tycone.

Similar wording

And could you just elaborate for the board, I guess, the basic tenor of the meeting and how you felt about the RCO's comments regarding your proposal?

Similar wording

Sure. Well, one of my neighbors made a comment during the RCO meeting that I would like to address, actually.

Similar wording

She said, quote, I understand trying to make money, but I'm against this, end quote.

Similar wording

So some of my neighbors may feel this is just about me making money, but to me, it's about

Similar wording

the survival of my business.

Similar wording

I quit my job and took a big leap in making my dream of running a successful child care

Similar wording

business come true.

Similar wording

And I worked hard.

Similar wording

I worked really hard.

Similar wording

But as most small business startups do, my center is struggling.

Similar wording

And in an attempt to keep from going out of business, I'm forced to downsize, which means

Similar wording

which means running a family home center,

Similar wording

which is something I never wanted to do.

Similar wording

So originally I requested to bring

Similar wording

all 10 enrolled children with me,

Similar wording

but since I received such pushback from my neighbors,

Similar wording

I'm requesting to bring at least six of them

Similar wording

i'm requesting to bring at least six of them so i can afford to pay my household and business

Similar wording

so I can afford to pay my house.

Similar wording

expenses so i ask that the board please take this into consideration when rendering a decision

Similar wording

thank you and um with that i have no further uh questions from miss thomas uh thompson um

Similar wording

so count counsel listen one minute so when she went to the went to the rco she asked for 10.

Similar wording

correct right she decided to drop it to six six put her in an because her areas has four only four

Similar wording

am i correct there's an overlay for four yeah yeah the zoning if she wanted to do four she could do

Similar wording

it by right but she needs she was looking for six is that right correct yes that's the proposal

Similar wording

today all right thank you questions from the board i have a quick question uh what is the outdoor

Similar wording

space life in the uh for the first level i have a big backyard it's a deck now

Similar wording

i don't have any pictures of that oh yeah the site phone yeah and this is um she's referring

Similar wording

to exhibit 14 for the record and i can also pull up the opa map um let's see

Similar wording

you can see the big area that she has back here

Similar wording

Thank you.

Similar wording

S-T-I-N-A-E-S-P-I-N-O-S-A.

Similar wording

Do you swear or affirm to tell the truth?

Similar wording

The whole truth is nothing but the truth.

Similar wording

I do.

Similar wording

Are you a neighbor?

Similar wording

Yes.

Similar wording

Okay, please start your presentation.

Similar wording

So I just want to start by, first, I want to say to Stacey,

Similar wording

I understand her desire to serve the community as well as to make a living for survival.

Similar wording

As a single mother myself, I can, you know, relate.

Similar wording

I'm a single mother.

Similar wording

I work two jobs to be able to maintain myself.

Similar wording

My concerns are more for the Black, for the community, and also for my family.

Similar wording

This is a safety concern that I have.

Similar wording

We, as her lawyer, so nicely point out, she has a restaurant and a bank.

Similar wording

We already have, which if you could see her picture, she's at the end of the block.

Similar wording

And we live on a one-way street.

Similar wording

So in order to get to Stacy, who's the last house of the black on the left, well, the one before the last, who is her other neighbor, Danny, that house, she has to go through the whole street, okay, in order to get to that, which is the issue with the safety, because we have cars, and this is just in the past, and I'm assuming that it's going to get worse.

Similar wording

cars high speeding we have cars that don't know where to park we have cars from all over the other

Similar wording

blacks parking on our block my daughter alone twice i had to call the police because somebody

Similar wording

almost hit them from the restaurant okay that was speeding a delivery person because they have to

Similar wording

get there so as we know as parents everybody's rushing to drop off their kids everybody's

Similar wording

rushing to pick up their kids, which I understand. But at the same time, as a resident of the block,

Similar wording

it's a concern to me. I also get in custody, partial custody of my two great niece and nephew

Similar wording

who are four and two. So now I always have to be more vigilant, which I'm already are, believe me,

Similar wording

because I'm always a parent. I'm a helicopter parent. So I'm already are. So I'm going to be

Similar wording

more vigilant because there's more people coming. I'm also a victim of my home invasion

Similar wording

because there were unknown people on the block i'm already going through ptsd and all this is

Similar wording

because of people and the traffic and everything else if i we have email the bank we have fought

Similar wording

with the restaurant in reference to the safety we also another concern is the cleanliness we we have

Similar wording

to deal with the restaurant we have christina christina christina i i understand your issues

Similar wording

with the restaurant and the bank and traffic.

Similar wording

No, but listen to me.

Similar wording

Listen to me.

Similar wording

Here's the issue.

Similar wording

Are you in favor of her doing this or against it?

Similar wording

No, but can I just quickly point out

Similar wording

some of the issues, the cleanliness,

Similar wording

because the daycare is going to have food,

Similar wording

disposals, diapers, all those things.

Similar wording

Also, like I said, the safety is going to be an issue

Similar wording

because it's going to be a heavier traffic

Similar wording

with the daycare, with the drop-off.

Similar wording

Well, this is six.

Similar wording

She's talking six people now, right?

Similar wording

that's what she said before she said 10 what's going to happen next okay okay so the other thing

Similar wording

that's what she said before she said 10 what's going to happen next okay

Similar wording

is we have a problem with writing again the disposal of the food and things like that i also

Similar wording

didn't even receive a letter for this meeting until yesterday okay last night when i came back

Similar wording

from work because so i could present more civics and emails that we have sent just advocating for

Similar wording

our community i mean i love philadelphia i wasn't born in philadelphia i love the city i want to

Similar wording

stay in the city my goal is for the reason why i moved there is because my resident is very

Similar wording

community oriented and i we already have within two months christina christina i know that

Similar wording

are you you don't want her to have the project is what you're saying no i don't want it because

Similar wording

then i would have to move thank you very much we appreciate that would be a hardship for me

Similar wording

i understand we appreciate your input is there anyone else in the virtual audience

Similar wording

yes chair a little bit isabella robertson has been allowed to speak

Similar wording

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

Similar wording

isabella please unmute yourself

Similar wording

isabella yes can you hear me yes could you please state your name and spell for the

Similar wording

course of the doctor i apologize this is my friend's computer my name is actually jennifer

Similar wording

j-e-n-n-i-f-e-r isdell i-s-d-e-l-l right do you swear or affirm to tell the truth the whole truth

Similar wording

nothing but the truth yes i do are you a neighbor yes i'm at the other i'm at the end of the

Similar wording

block. Okay. You've heard some testimony about this in a presentation. Are you in favor of this

Similar wording

or against the project? I'm against. Okay. May I make a few topics since I've been on hold for

Similar wording

three and a half hours? I appreciate that. And we've been sitting here for whatever, but I want

Similar wording

you to listen to me. You're going to have to hear my point. Isabella, I don't want to hear your

Similar wording

points. I want to hear, listen to me. I want to hear points that are different than what we've

Similar wording

already heard okay go ahead we have 31 daycare centers in two mile radius i did not buy a house

Similar wording

on a residential street to have a business put on that street that's going to make it harder for me

Similar wording

to sell my house and for the parking the pictures that he showed he showed the exact same spot

Similar wording

all of those pictures okay they have their own lots you cannot tell me that somebody isn't going

Similar wording

to go in the middle of the street because anybody who lives in this neighborhood knows you double

Similar wording

park. I'm just going to run in and get my kid. And you know, your kid's not ready. So now I have

Similar wording

to deal with a one way street that is now double parked and blocked. Okay. The rats, the smell,

Similar wording

the trash pickup. I mean, is she going to be allowed to have a sign? I don't want to look at

Similar wording

a sign. And she is allowed to have drop off from 630 to 630. That's running into times when people

Similar wording

are coming home just because right now she said she doesn't have anybody till what 4 30 that does

Similar wording

not mean that she can't have people at 6 30 okay the the two businesses were already there when she

Similar wording

bought her house they were there when we bought our house we agreed i did not agree to another

Similar wording

business on the house on the street okay then and again i didn't get my letter till yesterday either

Similar wording

okay so can do we have to deal with a sign is she going to be allowed to have a sign

Similar wording

We do not have, there's not a sign in question here.

Similar wording

We're just questioning about whether or not she can have six kids in her house.

Similar wording

That's the only thing we're looking at.

Similar wording

Well, if she gets approved for the daycare, is she allowed to have a sign?

Similar wording

I'm not talking about a sign.

Similar wording

I'm not talking about a sign.

Similar wording

A sign would have to come back to us anyway.

Similar wording

Thank you very much for your input.

Similar wording

I appreciate it.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, Chair.

Similar wording

I have two more hands up.

Similar wording

Tom Forkin has been allowed to speak.

Similar wording

Hi, Mr. Forkin.

Similar wording

Good evening, Mr. Chairman and board members. It's Tom Forkin, T-O-M-F-O-R-K-I-N. I am Chief of Staff for Councilman Mike Driscoll.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Mr. Chairman, a couple of points of clarification. The assigned coordinating RCO for this matter on Wells Street is the Mayfair Civic.

Similar wording

It is my understanding, and unfortunately my zoning chair is on vacation, that at least two meeting notices were given to the applicant and they did not attend that assigned coordinating RCO meeting or meetings.

Similar wording

They did do an unofficial Taconi Civic meeting where, as you saw, there was unanimous opposition.

Similar wording

And it's my understanding that the majority of the near neighbors are in opposition as well.

Similar wording

So at this point in time, the council district office would ask for a denial of the variant.

Similar wording

So at this point in time, the council district office would ask for a denial of the variant.

Similar wording

Thank you, Mr. Forkin.

Similar wording

You're welcome.

Similar wording

Next hand, please.

Similar wording

There are no more hands at this time, Chair.

Similar wording

Planning Commission.

Similar wording

Sorry, no, there's just this one hand that's been going up and down, but it's down now.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman, and good evening, David Fecto with the City Planning Commission.

Similar wording

Chairman and board members, the comprehensive plan recommends no change to the RSA-3,

Similar wording

residential single-family zoning at this location.

Similar wording

The appellant has shown that their amended application for a family child care will

Similar wording

not injure the use of adjacent properties.

Similar wording