civus
Hearing video

ZBA Hearing - March 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 26, 20254h 56m

Do we have another hand up there?

Similar wording

Hi.

Similar wording

Here she is.

Similar wording

Okay.

Similar wording

My name is Mary Griffith, M-A-R-Y-G-R-I-F-F-I-T-H.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Mary, could you please turn on your video?

Similar wording

Mary, are you a neighbor?

Similar wording

My mother is directly next door to the property on 1912 South Front,

Similar wording

And I live directly in back of her on a diagonal.

Similar wording

Are you in favor of the project or against?

Similar wording

I oppose it.

Similar wording

And is there anything you could offer that's not been offered by the two private people?

Similar wording

Well, one thing that I wanted to bring to your attention was since the new owner has owned the property since 2021, there has been 14 investigations, nine violations with L&I.

Similar wording

There has been 14 investigations, nine violations with L&I.

Similar wording

He doesn't take care of a lot, the weeds, the bugs, the trash.

Similar wording

And then in the wintertime with the snow, the whole payment going down to Hoffman Street to my mother's house on 111 is a sheet of ice.

Similar wording

So you can't get by.

Similar wording

I asked him this at the Pennsport meeting and he said he called his worker and his worker said it was done.

Similar wording

And I said, in my eyes, that is an absentee landlord. So if you can't take care of a vacant lot, how are you going to take care of a three-story triplex that can occupy up to 12 people, 14 people?

Similar wording

Mary, thank you so much. Mr. Perry, do you have any questions to Mary?

Similar wording

Mary, did you provide any documentation about the trash or letters or photographs at the time?

Similar wording

Yes, I did.

Similar wording

Okay.

Similar wording

And did you bring those with you today?

Similar wording

I don't have them on hand right now, but I can send them in.

Similar wording

Okay.

Similar wording

Thank you very much.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

One more hand.

Similar wording

Am I correct?

Similar wording

There's two more hands.

Similar wording

The next one is Allison DeAngelis will be allowed to speak.

Similar wording

Could you please state your name and spell for the sonography?

Similar wording

okay hi can you hear me hi allison would you please state your name and spell for the

Similar wording

stenographer hi my name is allison a-l-i-s-o-n last name is deangelis d-e-a-n-g-e-l-i-s

Similar wording

do you swear or affirm to tell the truth told truth nothing but the truth

Similar wording

i do and are you a neighbor i am i live at 126 hoffman street okay are you in favor

Similar wording

this project or against? Very much against. All right. Thank you very much. We appreciate

Similar wording

you taking the time to call us. We have one more hand. Yes, Michelle Rand will be allowed to speak.

Similar wording

Hi, Michelle. Coming in shortly, Chair. Sure.

Similar wording

good afternoon hi michelle could you please state your name as bell for the stenographer

Similar wording

sure this is michelle rand m-i-c-h-e-l-l-e r-a-n-d right do you swear or affirm to tell

Similar wording

the truth the whole truth nothing but the truth i do yes um are you a neighbor yes i am i live 70

Similar wording

feet from the all right do you are you in favor of this project or opposed i oppose it all right

Similar wording

thank you very much for take go ahead sure i'm sorry i just wanted to mention um two things that

Similar wording

haven't been mentioned before one is that as they were listing addresses that were duplexes or

Similar wording

triplexes. I did look up 2040 South Phillip Street. I couldn't get, you know, all the

Similar wording

addresses down. That is zoned to CMX too. So I just want to note that there are properties

Similar wording

in the area that are mixed use. The other thing that I would like to mention is that

Similar wording

the neighbors who are in opposition to this were also registered for the previous appeal

Similar wording

and recently this week received continuance notices for April 23rd.

Similar wording

So there is a second appeal for this for a TRIPLEX for the same address,

Similar wording

which is MI-2023-002125.

Similar wording

I did message the zoning board offices.

Similar wording

They said it hadn't been withdrawn yet.

Similar wording

And I put that out there to say that you're going to see us again in April

Similar wording

if it's not off the docket.

Similar wording

Michelle, thank you so much for taking the time.

Similar wording

We're done.

Similar wording

Hands?

Similar wording

Okay.

Similar wording

Planning Commission.

Similar wording

Amy Boyd with the Planning Commission.

Similar wording

The comprehensive plan recommends no change in zoning at this location from the existing residential single-family RSA 5.

Similar wording

The appellant has not shown that there are unique physical conditions or circumstances that would prevent the property from being used in conformance with the zoning code.

Similar wording

The Planning Commission recommends the board deny the requested variance for multifamily household living.

Similar wording

Thank you. MI 2025, 000683, 1912 South Front Street, I vote no.

Similar wording

Michael Johns, my vote is no.

Similar wording

Thank you.

Similar wording

Carol Gaston, my vote is no.

Similar wording

Tynetta Graham, my vote is no.

Similar wording

I would, my vote is no.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

number four mi 2024 007 287 80 15 to 21 frankfort avenue joseph consul

Similar wording

is the attorney there's a letter of non-opposition from the holmesburg civic association

Similar wording

Joseph Consul will be rejoining us shortly.

Similar wording

Okay, I'm here.

Similar wording

Mr. Consul, you've already been sworn once today.

Similar wording

Could you just state your name for the record?

Similar wording

Yeah, it's Joseph Consul.

Similar wording

That's, I already spelled it.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Yeah, my client is Gada Majud, the owner of Oomsaba Childcare LLC.

Similar wording

Right.

Similar wording

Do you waive the reading of the refusal and do you agree with its accuracy?

Similar wording

Yes, I do.

Similar wording

And has all your documents been in five days prior?

Similar wording

Yes.

Similar wording

Please start your presentation.

Similar wording

Okay.

Similar wording

So Joe Consul here for 8015-21-Frankford Avenue.

Similar wording

So my client is seeking to put a child care facility in this property.

Similar wording

If you look from the top down here, you can see that the vast majority of the property, including that which fronts Frankfort Avenue, where the actual child care space is, is on CMX 2.5.

Similar wording

But the very rear and apparently enough of the parcel, I know this discussion was being lobbed around earlier in a different presentation, but enough of the parcel is in an RSA 3 zone in the back that it triggered a set of refusals for seeking to put a child care facility in an RSA 3 property.

Similar wording

Incidentally, the space that's zoned RSA 3 is just a parking lot for the properties that are the CMX 2.5.

Similar wording

So it's not as if there's actually even any kind of single-family home directly behind the commercial properties.

Similar wording

So the refusals we've got are – well, the first one just explains how it works when there's split zoning.

Similar wording

Um, and then, um, because we're split zoning, we have to go with RSA three and we get the refusal for child care center being prohibited in the RSA three residential zoning district.

Similar wording

My client signed a lease, I mean, a while ago, September of 2023, and coincidentally, she's the CEO of a facility right next door to this property, so she thought it would be nice to have a childcare there that would complement the other work that she does.

Similar wording

Anyway, she signed that lease, couldn't get operating, and eventually came around to understanding that a variance was required, and we're here seeking the same.

Similar wording

We went in front of Holmesburg Civic Association.

Similar wording

There was no, there was nothing negative.

Similar wording

It was all, you know, they understood what was going on and were, seemed to be willing to welcome her as a child care center in the neighborhood.

Similar wording

And the lease comes with parking in the back where folks can drop off their kids. So it's not even as if there would be any issues with dropping kids off on Frankfurt Avenue or that sort of thing.

Similar wording

this is the plans that we had submitted just showing where the proposed daycare is relevant

Similar wording

to frankfurt avenue on the left and the existing parking lot in the rear our tax clearance

Similar wording

and i'll just scroll down and our photos just showing the exterior bit that faces frankfurt

Similar wording

avenue application for appeal um and the lease which i already showed you uh all right well

Similar wording

i'm not going to belabor that too much i'll call my client gada it's gha

Similar wording

inside location has she set it up already as a daycare center

Similar wording

I can ask her. I don't believe she has. Hold on. Let me see something real quick.

Similar wording

Some exterior photos here.

Similar wording

Let's see what else we got. Oh, yep. Yep. Here we go.

Similar wording

Oh, yep. Yep. Here we go.

Similar wording

Okay. Why don't you bring her one?

Similar wording

Are you available to raise your virtual hand?

Similar wording

Our hand was raised.

Similar wording

Could you please state your name as spelled for the sonographer?

Similar wording

She did decline the promotion.

Similar wording

okay i'll try there she is okay thank you oh no she's still declining chair i'm sorry

Similar wording

is she coming back on yes i'm promoting her again miss gada could you please accept the promotion

Similar wording

Hello?

Similar wording

Chair, she seems to keep declining to be promoted.

Similar wording

Okay. All right.

Similar wording

Mr. Counsel, do you know enough about it to, I mean, you're an officer of the court.

Similar wording

questions from the board for council

Similar wording

yes um how many kids what ages uh i don't know the operating hours um uh she will be open monday

Similar wording

through saturday i believe part of her um plan was to um serve the community on the hours that

Similar wording

she believes they're being unserved there not being a lot of child care centers

Similar wording

in the immediate vicinity of this property.

Similar wording

I'm not certain on the ages and the number.

Similar wording

She had some sort of, and again,

Similar wording

a calculation run based on the allowance

Similar wording

per the actual code for the square footage,

Similar wording

but I'm not positive what it was.

Similar wording

I have a question.

Similar wording

Is the child care center only on the first level?

Similar wording

Yes.

Similar wording

And are there upper levels of the building?

Similar wording

and I couldn't tell by the photographs.

Similar wording

Are there other levels of the building?

Similar wording

Stores?

Similar wording

Be great.

Similar wording

She's very knowledgeable.

Similar wording

Be great if she could figure out how to get in here.

Similar wording

See if we can tell.

Similar wording

No.

Similar wording

Thank you.

Similar wording

Other questions?

Similar wording

Questions from our attorney?

Similar wording

Two brief things.

Similar wording

One, because this is an RSA3 property,

Similar wording

it would require parking.

Similar wording

it appears there is some parking does she have spots that are designated for this particular

Similar wording

unit yeah she's got i think two spots come with release okay do you know what the square footage

Similar wording

of the unit is uh i'm not hold on let me see if it's on the

Similar wording

it doesn't look like it's designated on the plan okay do you know what unit this is i couldn't

Similar wording

it wasn't specified in the lease they haven't they don't even have it labeled on the on the

Similar wording

landlord site plan okay uh but if we need to follow up with that information we can um

Similar wording

there there are other uh commercial uses at the property right i actually i'm not sure look i i

Similar wording

do remember seeing in the lease it said this was 8021 but that's not an existing separate address

Similar wording

yeah the the space next door that's crossed off here i believe would be the other piece of it

Similar wording

we're just here for the proposed daycare area okay all right how are you dealing with a drop

Similar wording

off pick up and drop off oh uh the back is is a lot it's all existing parking behind it and so

Similar wording

no one would have to pull over on frankfort avenue there would always be available spaces in the back

Similar wording

for folks to pull out is there a designated temporary loading zone for parents that are

Similar wording

just dropping kids off and then calling i don't know i know that she had built

Similar wording

I don't know. I know that she had built a nice, I don't know if I have a picture of it, sort of exterior area. No, I don't think I have a photo.

Similar wording

That kind of gives you like some idea, but again, it'd be great if she was able to answer the questions.

Similar wording

this is this is a back the back entrance again labeled as 8021

Similar wording

all the questions does this this uh what's the plan for signage uh there's no signs applied for

Similar wording

it this time um saying it out loud though i'm assuming that because of the rsa5 rsa3 issue

Similar wording

despite the fact that it's 77 cmx 2.5 she'll have to come back if there's signages that's requested

Similar wording

that's seems like any kind of signage would require it at that point is the parking lot at

Similar wording

the rear for the entire building or just for the daycare facility the entire building i heard her

Similar wording

to raise her hand maybe hopefully should we see her hand off again yeah i just tried to promote her

Similar wording

again maybe it's just not letting me her hand is up and i'm trying to promote her

Similar wording

she's declining okay

Similar wording

i'm here i'm here hi hi could you gotta could you please state your name and spell for the

Similar wording

stenographer god i'm g-s-a-d-a-m-a-s-j-o-u-v right do you swear or affirm to tell the truth

Similar wording

the whole truth nothing but the truth i do please proceed counsel hi gana um so i testified a bit

Similar wording

uh on stuff i wasn't 100 certain about regarding your property the pickup and drop off would you

Similar wording

clarify all that for the for the board yeah the drop-off gonna be through the

Similar wording

back where is a bucket lock is and we're supposed to have like when we get the

Similar wording

blue we have to have a stop sign because the back of luck was sharing with as a

Similar wording

because the building

Similar wording

we're losing you closer to the microphone wherever of your phone start again

Similar wording

I said we have the we have a stop sign supposed to be put on and lying for people to just watch

Similar wording

and slow down for the safety for the kids

Similar wording

when they drop back through the bag.

Similar wording

So they're going to pull into the parking lot?

Similar wording

Is that what you're saying?

Similar wording

No, there's an area in the front.

Similar wording