for all those uses. He wants to have limited industrial there, but there was prior commercial
use. So, Mr. Pressman, I noticed that the RCO is in favor of it, but they have a proviso.
What's the proviso? So, the proviso is two for Mr. Chairman. One is that before they go up to
the second floor, they have no use for it right now, no proposed use or potential tenant, that
we would come back to L9. We would get a refusal because it was, you know, or a referral of what
that proposed use is. We would go to the RCO and then we would come. Hillary, they'd have to do
that anyway. Am I correct? Yes. Yes. No, that is correct, Mr. Chair. Since the property is
owned RSA 5, unless they're asking for a use that already has a permit, although it looks like all
of those other uses have basically been abandoned at this point right right so that they you'd have
to do that anyway so and the other was to use the uh the safe cameras um as part of the police you
know uh presence in the neighborhood we can we uh do the cameras yeah no i'm talking to hillary
no no unfortunately we can't include that you know as as a proviso but that's something you'll
just have to work out with the neighbors yes my client intends to do it either way so why don't
you bring in your client to adopt your test. That'd be great. Can you, Mr. Ta, can you
mr attack can you uh elevate yourself by raising your hand
elevate yourself by raising your hand?
yes sir could you please state your name and spell for the stenographer yes sir my name is mahir attack
and spell your name m-a-h-i-r-a-t-a-k is the last name you swear or affirm to tell the truth the
whole truth and nothing but the truth. Yes, I do. Please proceed, Mr. Pressman. Thank you,
Mr. Chairman. Mr. Tak, you were here when I presented the case on behalf of your company.
Yes. And was I said truthful to the best of your knowledge and information and belief?
Yes. And do you adopt that testimony as your own? Yes. Okay. And you agree that you understand that
before you lease to the second floor space to anyone that we would have to go back. Let me
finish the question, sir, we have to go back to licenses and inspection and get approval.
Yes. Okay. I have nothing further. Questions from the board.
Questions or comments from Hillary Emerson, our attorney.
Just briefly, Mr. Pressman, you mentioned, I think there's already another tenant in there
and that the second floor was going to have another use in the future. Would it make sense
if the board approves to have a proviso limiting this use to a certain suite or unit or the first
floor of the building? Well, the light industrial would be most of the building. There is the rear
on Rose Hill where there is an existing auto detailing client tenant that was there and it
It was prior approved, but then it was abandoned, it looks like, after 2016.
So we would want that used to stay legal or made legal with the light industrial.
We felt it would fall under that.
I would have to, I don't know if that would.
I would have to check with L&I.
the auto auto detailing there's there's like a vehicle um there's a whole vehicle use category
in the zoning code um that that would be more likely to fall under um but i can if you want
the board can hold the vote i can check into that now with l and i and um see if that can
be added to the application since this is a change of use application right under um hillary under
14602 the table for i1 it says commercial vehicle repair and maintenance or commercial vehicle sales
and rental right good no as i say but the property zoned rsa 5 like the light industrial is a it's
not light industrial is a category in and of itself that has a specific definition it's it's
not the zoning district like i i1 is different than light industrial of the category versus the
zoning district. Does that make sense? Yeah. Okay. Yeah. So I can, I can check on that for you and
see if that, if that's something, especially since it was previously approved, if that's
something that can just be added back in. That would be helpful. Thank you. Okay.
Yeah. As I say, Mr. Preston, if you could just send me an email describing the use of the
existing tenant that um your client wishes to retain in the space that would be very helpful
thank you hillary could we vote on this next wednesday um yeah we probably would be able to
yeah why don't we look to vote on this next wednesday at 2 p.m um let me just double check
comments from the virtual audience
i didn't have any further hands mr chair we want to wait until uh planning sees what we're voting
on uh yeah i think so i think i think we ought to hold planning until we see whether it's actually
we're voting on okay okay well then so everything else is closed would you like to do a resumption
hearing next week mr chair very briefly yeah we'll do a brief clarify what the uses are
yep okay that's it okay all right okay thank you mr pressman so uh just to be clear next tuesday
at 2 p.m yes okay we'll have a brief resumption hearing okay and i will send you over that
information by email to you uh with that mr mr chairman can i move in the exhibits that as i
you can sir and uh not tuesday right you said next we said when i said wednesday oh okay
wednesday at 2 p.m he said yeah yeah okay thank you mr pressman thank you so much may i be excused
you can sure have a good evening everybody thank you so number four mi 2024 001 899
So, number four, MI 2024-001-899, 1410 North 31st Street, Vern Anastasio is the attorney.
A letter of support from Brewery Town, charge of a community civic association.
Mr. Anastasio.
They'll be rejoining shortly as a panelist.
Good evening, Mr. Chair.
Good evening, Mr. Anastasio. Just for the record, state your name.
Byrne Anastasio, A-N-A-S-T-A-S-I-O.
Right. Could you identify your client and relationship to this property?
Yes, it's Kalia Moody, who's the owner-occupant of the property.
Okay, and our vice chair has just a few questions.
Thank you.
Yes, Councilor, do you agree to read the reading on the refusal or stipulate towards accuracy?
Yes, sir.
Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?
I have.
Thank you, Councilor. Please proceed and choose from.
Thank you.
uh mr chair members of the board i just want to let you know that we had unanimous support
uh from no opposition uh from the community uh on this particular application 94 page exhibit
packet that's going into uh evidence today
We have a zoning refusal, floor plan, photos of the property and the block in question.
We also have a RCO notification letter and proof of mailing, the poster and proof of posting.
We have a zoning archive showing a very long history of commercial use, commercial lease, the tax clearance, some overhead views and support letters all being entered into evidence today.
it's a zone for rmx2 the application is for a group practitioner and my client is a psychological
practice and the proposed use is requires a special exception
so this is not in fact a variance but just seeking a special exception use
So here's the larger space, and we're going to be occupying one spot of that larger space.
Here's the building in question here.
it's a behavioral health uh not um group practice
and as you can see here it's laid out specifically for that kind of use
with offices this is for young people
we have
notification that was mailed inviting everyone to the community meeting back in June
and of course today's zoning hearing on august 21st
all the addresses that were mailed
proof of mailing to 148 individual households
the poster that was posted at the property here's proof of posting
and here's the uh moving this into evidence which is just a very long history of the property
being such that is consistent with the proposed use.
We even have a zoning permit that was approved for a child care center.
I also included my client's lease, proof of taxes being paid, and the zoning map and overall overhead shot of the property itself.
I also included my client's lease.
And with that, if Ms. Moody is in attendance, I'd ask that she raise her virtual hand.
Fair enough to speak.
Hi, could you please state your name and spell for the court stenographer?
Kalia Moody, first name K-H-A-L-I-A-H, last name M-O-O-D-Y.
Do you swear or affirm that tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you, Mr. Chair.
Ms. Moody, did you hear my presentation to the board this evening?
Is it true and accurate to the best of your knowledge?
Do you adopt it as your own testimony?
Thank you.
Mr. Chair, because this use is consistent with previous uses, because it has ample off-street
parking and it uh enjoys the support unanimous support of all the immediate neighbors and the
rco we respectfully request the granting of the variance thank you thank you questions from the
board yes um did you say uh what the hours would be for this practice we did not miss gaston uh
Ms. Moody, would you like to tell Ms. Gaston what the hours would be for the practice?
Yes, the hours of operation would be Monday through Friday, 9 to 6 o'clock.
Every other Saturday, we will provide services from 9 to 1.
And this is for young people, you said?
Yes, it's a behavioral health agency.
We provide applied behavior analysis therapy to children and adolescents who have developmental disabilities.
Thank you.
You're welcome.
Any other questions from the board?
Questions or comments from our attorney, Hillary Emerson.
just briefly mr chair um mr anastasio is there a particular suite or unit um in in this building
that this use is for i i didn't see anything definitive on the lease but perhaps i missed it
um because it seemed like it was one suite in a larger building
miss moody what unit are you going to be occupying
i'm going to be occupying unit a2 thank you thank you
questions or comments from the virtual audience
i do not see any further hands mr chair planning commission
thank you chair bergman members of the board michael gall with the staff of the philadelphia
City Planning Commission. The comprehensive plan recommends no change to the residential mixed
zone, mixed use zoning at this location. The appellant has demonstrated that this action
would not detrimentally impact the surrounding area. The City Planning Commission recommends
the board grant the special exception for group medical practitioner use.
MI 2024-001-899-1410 North 31st Street. I vote yes proviso. Use limited to
section A2.
Michael Johnson.
I believe I have a unit A2, Mr. Chair,
just to clarify.
Unit A2.
Yep. Okay.
My vote is yes with Proviso.
Cheryl Gaston.
My vote is yes with Proviso.
Tanetta Graham.
My vote is yes with Proviso.
Iowyn. My vote is yes with Proviso.
Nishinau Shaheen.
My vote is yes with Proviso.
thank you council thank you have a good evening is there anyone in the virtual audience whose
330 case has not been called
i do not see any hands mr chair thanks everyone uh i think we got a lot of work done today
and thank you not only toward the board members but thank you to the staff too i mean we
we tend to keep you guys around and we just want you to know we do appreciate everything you do
So, Jason, be nice to see your name.
I'm going to give you all the credit right now.
How's that?
Thanks, everyone.
See you all next week.
All right.
Have a good night.
Have a good night.