ZBA Hearing - January 12, 2022

packet for 1022 Buttonwood Street. Effectively and just one quick clarification we did not get

a refusal on this. We got a referral for a special exception. This is an IRMX building where Houndstooth

Tattoo last year received a variance to operate a tattoo shop on the second floor where they've

been operating for about the last year. And they've been successful and simply sought to expand

from the second floor into a vacant first floor commercial space. And we've gone through that

process and uh since uh we were here the last time the zoning code map changed

and the variance is no longer required in this irmex district uh but a special exception or a

special exception uh is um the difference being uh for a um a variance uh for refusal we would

have to demonstrate hardship for a special exception uh it's effectively a do no harm

standard in our burdens simply to show that this would not change the character of the block or

have any negative impact on uh the surrounding neighbors um so what uh the the initial picture

that i have is of the uh of the building and i'll just uh go through a list of documents

that we've submitted to the board we have the lease uh here the referral for a special exception

Here, the referral for a special exception at Exhibit 2.

We have the petition for appeal at Exhibit 3, along with the public information statement.

We appropriately posted the property 21 days in advance of the hearing.

We do have a RCO support letter from the Callow Hill Neighborhood Association.

We have a non-opposition email from the coordinating RCO, which was the Philadelphia Chinatown

Development Corporation. Last night, we also received a non-opposition letter from Councilman

Mark Squilla, which we submitted to the board last night as a supplemental document.

And just quickly, and I know that I don't anticipate opposition here because we did get

support from the near neighbors and the community groups, but just to make the record and to make

it clear for the board, my clients have been operating the studio, as I've known, for a year.

they're simply going to be expanding to the first floor space. I'll show you for some context

the built out space that they have on the second floor. This is the lobby area. Here is the required

hand wash sink area. And then this is just a shot of the various stations for the tattoo artists

that they use. Mr. Johnson-Lally, who's on the call with me today, along with his, and here's

posted notices. Along with his business partner, Evan Lovett, our longtime artist, Andrew Johnson

Lawley, was a classically trained artist at the Savannah College of Art, where he started tattooing

over 20 years ago. Runs a highly professional operation, charges professional service rates.

They have very little impact on the near neighbors except being a clean operation and

and operating the successful business that people enjoy.

Here's the zoning context chart, and here is the floor plan.

Here's just some photos of some of their work.

And the burden here is that the zoning code sort of treats tattoo shops a little bit differently

based on their past public perception, even though that public perception has changed over time.

And effectively, although the code has been changed to lessen some of the restrictions,

They're still grouped in with some of the more salacious, regulated uses like adult-oriented merchandise, adult-oriented services, drug paraphernalia, gun shops, and that sort of thing, when, in fact, what they really have is an operation that, you know, has just about as much impact on the surrounding properties as an insurance sales office.

um uh here's the sample of some of their work uh mr johnson lally's is here with me as i noted

uh here's uh some of the mural work that is uh performed by uh done by his uh business partner

evan lovett um uh we've seen a lot of this stuff around the city uh and i just want to note for

the record and have it added to the record uh councilman mark scuola's uh support um and with

With that, I think that's the base of our presentation, and we would simply ask that

the zoning board find that the special exception is warranted in this case.

Would you want your client to adapt your testimony?

Yes, I do, and Mr. Johnson Lawley, if you could please raise your virtual hand so the

administrator can let you into the hearing.

Mr. Johnson, you can unmute yourself or wait for the chair.

Okay.

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

My name is Andrew Johnson Lally.

It's A-N-D-R-E-W-J-O-H-N-S-O-N hyphen L-A-L-L-Y.

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

I do.

Thank you, counsel.

Great.

Mr. Johnson Lawley, did you hear the actual statements

I made to the board?

I did.

And were they true and accurate

to the best of your knowledge?

Yes.

And do you adopt them as your own testimony?

Yes.

Okay.

Questions from the board?

No, Mr. Chairman.

No, Mr. Chairman.

No, Mr. Chairman.

Questions from the virtual audience?

There are no hands at this time, Chair.

Planning Commission.

Good afternoon, Chair Bergman, David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.

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

Yes, sir, I do.

Mr. Chairman, members of the Board, the comprehensive plan recommends no change to the industrial

Mr. Chairman, members of the Board, the Comprehensive Plan recommends no

and residential mixed use zoning at this location.

The applicant has shown that body art services will have no more of an impact than that type

of use would normally be expected to have at this location.

So the City Planning Commission recommends that the Board grant the special exception

for body art services.

Thank you.

MI-2021-003962, 1022 Buttonwood Street, I vote yes.

Carol Tenere, my vote is yes.

Thomas Holliman, my vote is yes.

James Snell, my vote is yes.

Ishmael Shahid, my vote is yes.

Thank you, Mr. Monroe.

Thank you.

Thank you very much, and I appreciate it.

Okay.

MI 2021-003958, 1612 North 26th Street, Al Nockamson, RCO from Brewery Town, Sharswood Community Civic Association, has a letter of support.

Chair, we have Clemenza Amazon coming back in as the panelists now.

Great.

Good afternoon, Chairman and members of the board.

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

Yes, Clemente Amazon, C-L-E-M-E-N-T-A.

Last name is A-M-A-Z-A-N.

Address is 123 South Broad Street, Suite 1600.

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

Yes, I do.

Thank you. Proceed, please.

our deputy

chair there

has a couple of questions for you

I like that new name

do you agree to waive the reading of the refusal

and stipulate to its accuracy

yes I do

it seems that you have

sent in all the required documents

correct

okay you may proceed

thank you

I'll just share my screen

there is a letter of support from the

the Brewerytown Sharswood Community Civic Association as well.

So again today I will be presenting 1612 North 26th Street. During my presentation I will

go through the notice of refusal. Again we do have a letter of support from Brewerytown

Sharswood. We did circulate a petition to nearby neighbors who also expressed resounding

support for the project. We do have some recently granted variances in the area, maps of the

area, as well as recent photographs, our proposed plans and drawings, the notice that we sent

out for the community meeting, as well as our application for appeal, the deed for the

property, and the certificate of tax clearance.

So the notice of refusal we heard today because the property is currently zoned as single

family, and we are requesting to have a duplex, which is not uncharacteristic for this neighborhood

as there are several other properties that have similar use.

We did present to the community, and we did receive this letter in support.

There was no opposition for this project, and we did circulate a petition to nearby

neighbors who did also express support for the project.

And again, this is an uncommon use for this particular area, as you can see here.

These are similar sized lots that have even greater use going up to nine units, and similar

to our project, which is requesting just two units that were granted.

between 2018 and 2021. Here we have a map of the area, so we're just on North 26th Street,

off of Oxford Street, another map of the area. Here we have a view of the front of the property,

a view to the right of the property, a view to the left of the property, a nearby multifamily

on this block, and here we have our plans and drawings. We wanted to create a really

responsible design here, so we created separate entrances. There is a boozeway along the side

as well, and we maintain the brick facade that's common for this neighborhood.

And here we have the floor plans. These are bi-level units, so we wanted to make sure

that they were very spacious. And again, we met with the community on December 16th at 630. This

is a notice that was sent out with a copy of the refusal. 156 properties were notified.

This list of properties that were sent sent notice, as well as our certificate of mailing

showing that it was sent out timely, the application for appeal, again, the refusal, we're just

looking for duplex use.

As you saw earlier, it is not uncommon for this area, we did receive community support

as well.

The project information form, the deed showing that my client owns the property, and our

payment of the taxes that we do so with that i will take any questions that the board may have

Is your client here?

is your client here i'm sorry yes he is um if i could have ulti

I'm sorry.

Yes, he is.

If I could have Olteon Sheha raise his hand.

Mr. Olteon, you can unmute yourself or wait for the show.

Yes.

Would you please state your name and spell it for the court reporter?

My name is Olteon Sheha.

First name, O-L-T-I-O-N.

last name

S-H-E-H-A-J

okay

are you going to swear heaven?

yes

you swear or affirm to tell the truth

the whole truth and nothing but the truth

yes I swear

very good

did you hear my presentation today?

yes

is it true and correct?

yes

and would you adopt it as your own testimony?

i couldn't hear you would you adopt it as your own testimony of course yes yes yes thank you

questions from the board no mr chairman

no mr chairman no mr chairman no mr chairman questions from the virtual audience

see no hands at this time chair planning commission good afternoon chair bergman

members of the board, David Fecto, City Planning Commission. The comprehensive plan recommends no

change to the single-family zoning at this location. There is no unique physical condition

that would prevent this 1,101-square-foot lot from being used in conformance with the zoning code.

We are aware of three multi-unit buildings on this block, but L&I also issued permits between 2018

and 2021 each year for one single family home each so single family homes are a feasible use

of properties on this block and so since most of the homes on the block are single family

the city planning commission is going to recommend that the board deny the requested variance for fee

yes. Thank you. MI 2021-003958-1612 North 26th Street. I vote yes. Carol Tenere, yes. Thomas

Hallamann, my vote is no. Jane Snell, my vote is yes. Ishmael Shaheed, my vote is yes. Thank you.

MI 2021-004040-1970 Dentistry, Bart Levy is the attorney, RCO 31st Ward, letter of support, RCO Nicetown, letter of support.

Mr. Levy, can you please raise your hand

so you can be promoted to panelists?

Thank you.

He's coming back in as a panelist now, Sheriff.

Very good.

Close the door.

All right, go ahead and read that, John.

Mr. Levy, state your name and spell it for the court reporter, please.

Mr. Levy, are you there?

He just put something up on the computer.

Yeah, that's supposed to be later.

I know.