civus
Hearing video

ZBA Hearing - October 26, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 26, 20224h 56m

Other questions from the board?

Similar wording

Other questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

Questions from the or comments from the virtual audience?

Similar wording

Planning Commission.

Similar wording

Sorry, Chair.

Similar wording

It was a delay when I clicked on.

Similar wording

Okay, sure.

Similar wording

All right.

Similar wording

We have Philip, last name ending with G.

Similar wording

All right.

Similar wording

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

Similar wording

My name is Philip Gritzmacher, P-H-I-L-I-P-G-R-U-T-Z-M-A-C-H-E-R.

Similar wording

I am the secretary and zoning chair for the Lawn Crest Community Association.

Similar wording

Okay.

Similar wording

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

Similar wording

Yes, I do. I'm just here to reiterate the information that we put into our letter and our RCO meeting minutes that I forwarded to the board already.

Similar wording

We feel that the use of a paint shop and body shop next door to an already approved daycare is incompatible and that we would oppose it for that reason.

Similar wording

Also, there have been issues with vehicles being left outside of the shop, off hours and also traffic.

Similar wording

Both Unruh Street and Hasbrook Avenue are one way in that area, and there's been several cases when tow trucks and other vehicles are going wrong way on those streets.

Similar wording

I would also have to add that the off-site parking that Mr. Ward points to, that's not a piece of this property that is seeking the variance, and actually that property is owned RSA-3, so a parking lot is not permitted use there either.

Similar wording

Thank you for your time and your input. Is there anyone else in the virtual audience?

Similar wording

i see no hands chair any commission this is ron bednar city planning while this property is

Similar wording

currently split zone for both industrial and residential on the city plan given the physical

Similar wording

site conditions and its documented existing use we recommend that the aggressive variance be permitted

Similar wording

MI 2021 003192 6610 Hasbrook Avenue. I vote yes to the refusal for personal vehicle repair

Similar wording

maintenance with a proviso no-vehicle paint shop.

Similar wording

Carol?

Similar wording

Thomas? Carol Tenere, my vote is yes with proviso. Sorry about that. That's fine.

Similar wording

Thomas Holloman, my vote is yes with proviso. Thank you, counsel.

Similar wording

snell james snell yes with proviso thank you thank you mr chair have a good evening thanks

Similar wording

you too number two mi 2021 005020

Similar wording

Number two, MI 2021-005-020, 1714 Washington Avenue.

Similar wording

Number B, Joseph Consul is the attorney.

Similar wording

Support from the East Point Breeze neighbors.

Similar wording

Mr. Consul is coming in as a panelist.

Similar wording

Okay.

Similar wording

Mr. Consul is here.

Similar wording

Mr. Consul, you've already been sworn to state your name.

Similar wording

and identify your client in relationship to the property. Joseph Consul, and my client is Mia

Similar wording

Mitchell, representative of the owner and tenants of the property. Okay. Our vice chair has a few

Similar wording

questions. Hi, Mr. Consul. Do you agree to waive the reading of the refusal and stipulate to its

Similar wording

accuracy? I do. Have you emailed the exhibit packet with proof of ownership, tax compliance,

Similar wording

a copy of the refusal or referral, photos under plans of the property five days in advance of

Similar wording

this hearing, and have you met with the RCO, and do you have a letter? Yes to all. Okay, great. You

Similar wording

may proceed, and the screen's up. All right. Hey, everyone. Joe Consul here again, 1714 Washington

Similar wording

Avenue. My client owns the building and is also, well, and is here today seeking to lease the lower

Similar wording

western half of the building as a sit-down restaurant with takeout capabilities and

Similar wording

that is what our refusal is for so we have two refusals here sit-down restaurant prohibited in

Similar wording

i2 this is a light to medium industrial zone district and also takeout restaurant prohibited

Similar wording

in in i2 um so this property as you can see is between an auto zone and a family dollar

Similar wording

there is a martial arts studio um up up above it uh um this area is uh has a uh distinctive

Similar wording

thai influence and the restaurant that the folks are seeking to open here is going to be a thai

Similar wording

restaurant, as I said, in the lower piece of the property here. Some of my photos actually

Similar wording

show the space a little better. Let me pull them up.

Similar wording

The outside of the space that we'd be occupying. Shopping across the street.

Similar wording

It's all our documents. So I think importantly,

Similar wording

the back of the property has two loading docks for each of the two lower units as well as

Similar wording

space for commercial dumpsters that was important to the RCO this is kind of the back alley behind

Similar wording

the auto zone behind our property and behind the family dollar and again there's there's the front

Similar wording

um we met with uh the east point break east point breeze neighbors association june 15th

Similar wording

uh we got their vote in support um they believed as we believe that uh medium industrial use uh on

Similar wording

this piece of washington avenue washington avenue between 17th and 18th doesn't really make sense

Similar wording

And that the neighbors behind the property and those kind of the neighborhood surrounding it wanted to see this property be something that actually engages the community and a restaurant run by a well-known person in this community, they believed would be a good choice here.

Similar wording

So we think that the proposed use is incongruent with what the neighborhood wants to see here and also sort of speaks to how Washington Avenue generally is is trending, at least at this piece of Washington Avenue, where there's increased walkability and and that sort of thing.

Similar wording

So I have your testimony adopted, please.

Similar wording

I would. Mia Mitchell, could you raise your hand?

Similar wording

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

Similar wording

my name is mia mitchell spell it for the court reporter mia mia m-i-a last name mitchell

Similar wording

m-i-t-c-h-e-l-l right do you swear or affirm to tell the truth the whole truth and nothing but

Similar wording

the truth yes sir okay proceed mr council good evening miss mitchell did you hear my testimony

Similar wording

just now regarding 1714 washington avenue yes i did do you uh agree with what i said and do you

Similar wording

adopt it as your own yes i do i adopt all right is there anything you'd like to add regarding uh

Similar wording

this particular space not at the time okay questions from the board no mr chairman no mr

Similar wording

Okay. Questions from the board? No, Mr. Chairman. No, Mr. Chairman. Questions or comments from the virtual audience?

Similar wording

your chair.

Similar wording

I see no handshare. Planning Commission? I run Bednar City Planning. While this property is currently indicated for industrial use on the city plan,

Similar wording

our proposed district plan remapping for this site recommended ICMX, which permits sit-down restaurants by right.

Similar wording

therefore we recommend the request for advance be granted. Thank you. MI 2021-005-020-1714

Similar wording

Washington Avenue, numbered B. I vote yes. Carol Tenere, my vote is yes. Thomas Holloman,

Similar wording

my vote is yes. James Snell, my vote is yes. Thank you, counsel. Thank you. Have a good evening.

Similar wording

Number seven, MI 2021, 005019, 1750 South 60 Street. Brandon Savron is the attorney, letter of non-opposition from the third ward executive RCO. Applicant also provided eight form letters of support from the neighbors.

Similar wording

Mr. Savron is coming back in as a panelist.

Similar wording

Good evening, Mr. Chair.

Similar wording

Good evening, I should say.

Similar wording

Yes, good evening.

Similar wording

Could you identify your, oh, wait a minute, I'm sorry.

Similar wording

State your name, spell for the court reporter.

Similar wording

Brandon Saverin, so that's B-R-A-N-D-O-N, S as in Sam, A, V as in Victor, R-A-N.

Similar wording

Right.

Similar wording

Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Yes.

Similar wording

So my client is the property owner, Two Diamond Estates, LLC.

Similar wording

The LLC's principal, Shonda Slocum, is here tonight to adopt my testimony.

Similar wording

Right.

Similar wording

And our vice chair has a few questions.

Similar wording

Hi, Mr. Savron.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,

Similar wording

photos under plans of the property five days in advance of this hearing, and have you met with

Similar wording

the RCO, and do you have a letter? Yes to all those questions, Madam Vice Chair. Okay, great. You may

Similar wording

proceed and begin by sharing your screen. Thank you. Mr. Chair, I do apologize. I sort of cut

Similar wording

out while I was being promoted, so I don't know. I thought you said something about our letter of

Similar wording

non-opposition. Is there anything else that I missed there? It says letter of non-opposition

Similar wording

from the third ward executive RCO. And the applicant also provided eight form letters

Similar wording

of support from neighbors. Okay. Thank you very much. I appreciate that. So, and that's all

Similar wording

correct. This is the refusal. Shonda applied to rehabilitate an existing structure that has been

Similar wording

vacant for over a decade. And in doing so, as I'll explain, she would like to

Similar wording

make the structure into a duplex, a two-dwelling home. So I'm going to show you some exhibits.

Similar wording

These images are either directly from our exhibit packet, or if not, they are sort of blow-ups of

Similar wording

images that have counterparts in the exhibit packet. So this is the aerial parcel map

Similar wording

from atlas.phila.gov, just to give you a sense of where we are. We're on 60th Street off of

Similar wording

Cobbs Creek Parkway in Southwest Philadelphia. As you can see here on the left-hand side,

Similar wording

our indication is that the property has been vacant since at least 2009. Now, Shonda's LLC

Similar wording

bought the property in March of 2020, but it sat in a very poor state for over a decade,

Similar wording

we believe, before that. You can see a violation issued related to the vacant status of the

Similar wording

property by L&I in 2009. You can see another one issued in 2012, and then you can see that

Similar wording

a vacant structure license was pulled on the property in 2014. As you mentioned, Mr. Chairman,

Similar wording

we have a letter of non-opposition from the Third Ward, who served as the coordinating RCO for this

Similar wording

matter. Shonda and I both attended this virtual meeting. I have no problem with the characterization

Similar wording

as non-opposition, but I have to say I think the sentiments of the attendees was unanimously

Similar wording

supportive. I'll say as an officer of the court, we answered some questions and folks were very

Similar wording

happy to see this property rehabilitated and wished Shonda well in her mission to do that.

Similar wording

I have some photos of the property from a few months prior to Shonda's purchase of it. These are from August 2019. This on the screen right now is the rear of the building at that time. You can see the severely deteriorated condition of the rear exterior.

Similar wording

I have some photos of the property from a few months prior.

Similar wording

rear. This is 60th Street in the front. So from that front 60th Street, here is the front of the

Similar wording

subject property at that time. Another view of the front. This is the rear alley. To go back up to

Similar wording

that rear photo for one second, we are not proposing any living space whatsoever, bedrooms or

Similar wording

otherwise, no living space in the basement. This is a basement level garage that is above ground

Similar wording

in the rear and is served by that rear alley. It will be either used for storage, either of a car

Similar wording

or other goods. So just to flip through a couple other items on our exhibit packet here,

Similar wording

I showed you the RCO's decision letter. Here's our certificate of mailing. Mr. Chairman,

Similar wording

you mentioned the eight letters of support that Shonda gathered from walking the community.

Similar wording

Those are shown here. I'm going to show you the planned floor plans for the building in one

Similar wording

moment. And beyond that, I just wanted to point out, and I did this in a very lawyerly fashion,

Similar wording

whereas a map probably would have been more useful, but what I do have in here at the end

Similar wording

of the exhibit packet is zoning permits on seven properties on this block. Those properties are

Similar wording

1726, 1730, 1732, 1740 South 60th Street, and then on the other side of the street where the

Similar wording

properties carry different address names, 5961 Windsor Street, 5961 Belmar Street, and 5969

Similar wording

Springfield Avenue. Those are all buildings that carry active zoning permits, to the best of my

Similar wording

knowledge, according to the zoning archive, for two or three unit residential use. So the two unit

Similar wording

use that we're applying for before you today is very in context with this block. And the hardship

Similar wording

here essentially is that these are fairly large homes. These properties are typically 1,400 square

Similar wording

feet or thereabout. That's also, I think, approximately our lot size. As you very well

Similar wording

may know, the minimum lot area in the RSA 5 district is either 960 or 800 square feet,

Similar wording

depending on your surrounding conditions. So this lot is significantly larger than the zoning

Similar wording

district's minimum. The building is essentially a shell. I mean, it is a severe state of disrepair

Similar wording

inside. So, Brandon, what you're saying is there's approximately 12 properties in the area that are

Similar wording

already two to three units? I counted seven, Mr. Chair, on this block. I didn't look further than

Similar wording

that. Okay. All right. And I guess that would add up to over 12 units. And, you know, basically the

Similar wording

hardship here in a nutshell is because of the size of the property and the poor condition,

Similar wording

And Shonda explored, but cannot obtain financing to rehabilitate this property as a single family home.

Similar wording

So we're really going for the minimum number of units that would allow a lending institution to get behind this.

Similar wording

And that's two. I think you have your test. Why don't you have your testimony at that?

Similar wording

Sure. OK. And I do have floor plans if you want me to walk through them and I'll pause there for now.

Similar wording

So if she's out there, Shonda, could you please raise your hand?

Similar wording

Yes. Hi, could you state your name and spell for the court reporter? Shonda Slocum, S-H-O-N-D-A-S-L-O-C-U-M.

Similar wording

Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes. Proceed, Brandon. Thank you, Mr. Chairman. Shonda, are you authorized to speak for the

Similar wording

owning LLC of this property? Yes. Okay. And were you able to hear the full extent of my testimony

Similar wording

in this zoning case today?

Similar wording

Yes, I have.

Similar wording

And to the best of your knowledge,

Similar wording

was my testimony true and accurate?

Similar wording

Yes.

Similar wording

And therefore, would you be willing to adopt it

Similar wording

as if it were your own testimony?

Similar wording

Yes, absolutely.

Similar wording

Okay, thank you very much, Sean.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands, Chair.

Similar wording

I play any commission.

Similar wording

This is Ron Bednar, city planning. The property is indicated for residential use on the city plan.

Similar wording

Our adopted district plan recommends no change to the existing residential single family.

Similar wording

Our adopted district plan recommends no change to the existing residential single-family zoning dislocation.

Similar wording

The applicant's hardship is not supported with evidence of unique physical circumstances or condition of the property that would prevent it from being used and conforming with the code.

Similar wording

There's no past history of being used for multifamily, therefore we recommend the request for variance not be granted.

Similar wording

Thank you.

Similar wording

MI 2021-005-019-1750-South 60th Street, I vote yes.

Similar wording

Carol Tenera, my vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Jane Snell, my vote is yes.

Similar wording

Thank you, Brandon.

Similar wording

Thank you very much.

Similar wording

Is there anyone in the virtual audience whose case has not been called from the 330 list?

Similar wording

I see no hands, Chair.

Similar wording

I want to thank everybody for working so late.

Similar wording

Sorry it went this late.

Similar wording

We don't usually do this, but we probably got punished because we had so much free time this morning.

Similar wording

So we had to make up for it tonight.

Similar wording

So thank you all.

Similar wording

You did a lot of nice work today, and I really appreciate what everybody's doing.

Similar wording

Great job, Mr. Chairman.

Similar wording

Great job, John.

Similar wording