civus
Hearing video

ZBA Hearing - September 29, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20218h 23m

Ms. Walz. Yes, so Ambrose. Yes, Ambrose is on. He's going to present the papers, the documents.

Similar wording

And you'll talk us through it, okay? Yes, sir.

Similar wording

Mr. Ambrose, please raise your virtual hand again so you may be sworn in.

Similar wording

He himself has now been promoted to panelists.

Similar wording

sir you can unmute yourself there you go okay miss waltz proceed

Similar wording

okay i don't see any documents

Similar wording

sir when presenting can do you see this share screen button along the bottom in green share

Similar wording

do i do i push the share screen it would be whoever's presenting once their document is

Similar wording

open they need to um hover along the bottom and they'll see the green share screen button

Similar wording

ambrose this if you click the bottom you just see the green button for share tap the bottom

Similar wording

well i'm going to do this miss walls we're going to come back to you we have one more case on the

Similar wording

930 list uh hopefully we'll be able to have this uh resolved so let's go to case number 14

Similar wording

mi 2021-002-389-5734-38 old 2nd street uh my notes indicate that councilwoman cherelle parker

Similar wording

acted as the coordinating RCO.

Similar wording

There is a petition in support.

Similar wording

I'm certain Ms. Emerson will clarify that for us

Similar wording

when we get to her.

Similar wording

Mr. Knockinson and or Ms. Colomenta-Amazon

Similar wording

is representing the applicant.

Similar wording

Yes, Mr. Chair.

Similar wording

Ms. Colomenta-Amazon has been promoted to panelists.

Similar wording

Morning, Ms. Amazon.

Similar wording

Please spell your full name for the record

Similar wording

and we'll swear you in.

Similar wording

Good morning, Chairman. Clemente Amazon, C-L-E-M-E-N-T-A. Last name is A-M-A-Z-A-N.

Similar wording

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

Similar wording

I do.

Similar wording

Thank you, Ms. Kamiri has some questions for you.

Similar wording

Hi, good morning. 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, the refusal or referral, photos and or plans of the property five days in advance of this hearing?

Similar wording

And have you met with the RCO? And do you have a letter?

Similar wording

Yes, we actually met with the councilman's office as the RCO, and we have a letter of support.

Similar wording

Okay, great. You may proceed.

Similar wording

Thank you.

Similar wording

can everyone see my screen yes perfect so again today i'll be presenting 5734 old second street

Similar wording

Our proposal is for a small event space.

Similar wording

The property is currently zoned as CA1.

Similar wording

During my presentation, I'll be going through the lease, the certificate of tax clearance,

Similar wording

notice of refusal, application for appeal, maps of the area, photographs of the interior

Similar wording

application for appeal, maps of the area, photographs of the interior of the property,

Similar wording

of the property, as well as...

Similar wording

as well as our proposed plans and drawings. We did do significant community outreach,

Similar wording

so we did receive a letter of support from the nearby neighbors, a block captain,

Similar wording

and we did have a meeting with councilwoman Cheryl Parker's office, and they did state the

Similar wording

community supported the project and the councilwoman will be taking a position of non-opposition.

Similar wording

So we are actually requesting a temporary variance for the duration of the lease,

Similar wording

which will be terminating on April 1st, 2024.

Similar wording

And we have that lease here.

Similar wording

The Certificate of Tax Clearance, our refusal, again, as I mentioned prior,

Similar wording

we are looking to have a small event space.

Similar wording

The property is owned as CA1.

Similar wording

We did receive support from the community because they are looking forward

Similar wording

to having the gap built in this area because there are no current locations

Similar wording

for small meetings.

Similar wording

We have the application for a repeal.

Similar wording

Again, the notice of refusal and project information form.

Similar wording

The map of the area, so we are within a shopping complex and we are actually located right

Similar wording

here.

Similar wording

If you can see my cursor along Old Second.

Similar wording

Here's a view of the front of the property.

Similar wording

The entrance is right here.

Similar wording

View to the right of the property, view to the left of the property.

Similar wording

We do have a designated trash area as well, although we do not anticipate there would

Similar wording

be large amounts of trash generated.

Similar wording

there is no cooking on the premises food will be brought to the property itself we have photos of

Similar wording

the interior of the property as well as the proposed plans and drawings so it is an open

Similar wording

space as you can see from the photos we are proposing to have hours of operation from sunday

Similar wording

through thursday closing at 10 p.m and then closing at midnight on friday and saturday

Similar wording

at the request of the community um as i mentioned we need to meet with council montreal parker's

Similar wording

office. The community took a position of support with the provisals of the hours of operation,

Similar wording

again, Sunday through Thursday at 10 p.m. and then Friday and Saturday at midnight.

Similar wording

And the councilwoman took a position of non-opposition, and this is going to be a

Similar wording

temporary variance for the duration of the lease, which will expire on April 1st, 2024.

Similar wording

Again, we did receive significant community support, as you can see. Ivy Lee, who is the

Similar wording

Black Captains to support this project as well. This is a notice we sent out for that September

Similar wording

2nd community meeting at 6 30 and all of the properties that were notified of that particular

Similar wording

meeting. So with that if I could have my client Shante McCoy raise her hand so she can adopt my

Similar wording

testimony. Mrs. McCoy has been allowed to speak. Hi my name is Shante McCoy

Similar wording

shante spelled s-h-a-n-t-e last name m-c-k-o-y or affirm to tell the truth the whole truth

Similar wording

nothing but the truth yes thank you shante did you hear my presentation today yes i did

Similar wording

and is it accurate yes it is and would you adopt it as your own testimony yes and do you agree to

Similar wording

have the hours operation from sunday to thursday at 10 p.m closing at 10 p.m and friday and saturday

Similar wording

closing at midnight yes can you also agree that this will be a temporary variance for the duration

Similar wording

of the lease yes thank you you're welcome what were the terms of the temporary variance

Similar wording

so we're just requesting that it expires by april 1st 2024 so it expires at the end of the lease

Similar wording

april 1st 2024 okay yes okay thank you any questions from the board

Similar wording

no sir no no anyone else would like to testify in this case please raise your hand

Similar wording

hillary emerson has her hand raised i will allow her to speak at this time sir

Similar wording

thank you good morning hillary please identify yourself and i'll swear you in

Similar wording

good morning mr chair members of the board hillary emerson e-m-e-r-s-o-n on behalf of

Similar wording

Councilwoman Sherelle Parker. You swear to affirm to tell the truth, the whole truth,

Similar wording

nothing but the truth? I do. Thank you. Please proceed. Yes. As you noted, as Ms. Amazon noted,

Similar wording

the council office served as the coordinating RCO in this case, because unfortunately we don't have

Similar wording

any RCOs in this area at the moment. We held a community meeting via Zoom, and the community was

Similar wording

supportive with the provisos that Ms. Amazon stated.

Similar wording

We did also reach out to the 35th Police District

Similar wording

because there have been a lot of safety concerns

Similar wording

in this area and they did have some concerns,

Similar wording

But we are trying to balance their concerns, the community's concerns, but ultimate support, as well as the applicant's willingness to adapt for hours and length of the variance to address these concerns.

Similar wording

but we are trying to balance their concerns.

Similar wording

So weighing all of this together, the councilwoman took a position of non-opposition with the provisos that have been discussed.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, sir.

Similar wording

No.

Similar wording

You already asked that, I'm sorry.

Similar wording

Anyone else to testify in this case?

Similar wording

No further answer this time, Mr. Chair.

Similar wording

Thank you, Planning Commission.

Similar wording

Good morning Chair, Peter Bernard

Similar wording

for the Planning Commission.

Similar wording

The comprehensive plan recommends no change

Similar wording

to the auto-oriented commercial zoning for this property. This is an existing shopping center. We

Similar wording

believe the applicant has shown that the proposed event space and nightclub will have no more impact

Similar wording

than a restaurant or nightclub would be expected to have. We recommend that the board approve the

Similar wording

requested special exception. Thank you. MI 2021-002380 5734-38 Old 2nd Street. My vote is yes

Similar wording

with the following provisos temporary variants to expire april 1st 2024 closing hours will be

Similar wording

sunday through thursday 10 p.m friday and saturday closing will be at midnight

Similar wording

carol tenary my vote is yes with provisos

Similar wording

professor plaza yes for provisos james snell yes for proviso

Similar wording

thank you thank you we'll try miss walls thank you

Similar wording

miss walls we're going to give you one more try okay okay ambrose could you

Similar wording

include him. He said

Similar wording

he has it up now.

Similar wording

He just needs to unmute himself.

Similar wording

And he has two devices.

Similar wording

Unmute yourself, Ambrose.

Similar wording

No, he doesn't need to unmute. He just needs to present

Similar wording

the plans, the presentation. That's it. He doesn't speak.

Similar wording

And you'll walk us through them. As you speak, he'll move

Similar wording

the exhibits around. Okay.

Similar wording

Ambrose, tap on the bottom and click share.

Similar wording

Okay, so this is my great grandmother's home. She was one of the first African Americans to move in

Similar wording

this neighborhood when a majority Caucasian. It was inherited down to my family. My mother

Similar wording

recently got really sick, so I took over the home, but the house is in really bad condition right now.

Similar wording

And I would like to, and my mother doesn't want to live in a neighborhood, it's still not a good neighborhood, but it's up and coming.

Similar wording

But what I would like to do is to revamp the house and turn it into three apartments for mostly the community, preferable, you know, like a lower income or elderly.

Similar wording

I'm turning it into three apartments, one on the top floor and two apartments, two one-bedroom

Similar wording

apartments on the bottom level. You can go to the next slide. Ambrose. Ambrose.

Similar wording

okay i think he's having some difficulties in moving his slides

Similar wording

yeah i think it's important that we see the configuration yes he has the floor designs i

Similar wording

want to go over the floor designs that's important for us the this this corner house is one of the

Similar wording

biggest houses in that neighborhood on that street. All the corner houses are really huge.

Similar wording

So the top floor apartment, the front door would take you into the top floor where the

Similar wording

two-bedroom apartment would be. And then on the side of the house, there's a door right there on

Similar wording

the side. There would be an apartment. The bottom level would be split in half the two one-bedroom

Similar wording

apartments, one on the left side, one on the right side. The entrance for the apartment on the rear

Similar wording

The entrance for the apartment on the rear will come out of the door.

Similar wording

will come out of the door.

Similar wording

There will be another door placed on that side.

Similar wording

And then the other door will be for the second one-bearing room apartment, which would make it easy for senior accessibility because I would like for those two lower-level one-bearing room apartments to be for seniors.

Similar wording

So I'm just waiting for it.

Similar wording

I'm just telling you about it as we bring up the design.

Similar wording

So here are the designs.

Similar wording

um as you can see this is the the levels of the apartment so you'll have the top floor uh which

Similar wording

would be the two-bedroom apartment it'll go up the steps onto the top floor and then

Similar wording

the the bottom level will be split into the two separate apartments side by side one-bedroom

Similar wording

apartment it'll have the living area down at the bottom and then you'll go up a few steps to the

Similar wording

bedroom and the bathrooms the basement and not to interrupt it the basement and the first floor

Similar wording

would be bi-level two bi-level units correct yes it would be split into a bi-level where um you'll

Similar wording

go up the steps to the bedroom and the bathroom which would be up on the second level um and the

Similar wording

The basement level will have the living area with the kitchen area in that area there.

Similar wording

And they're split in half, so you'll have two apartments, which will be easiest access for anyone that can't do too many steps to get into the apartment.

Similar wording

I would prefer to have them for seniors and then a top level for, you know, a family, a small family.

Similar wording

But I want to keep it in the community because this has been a community home for years.

Similar wording

and it's been in my family for generations so I would like to keep it in my family since my

Similar wording

grandmother purchased it. I'm in the military so I wanted to help my mother out with this

Similar wording

and I also wanted to help generate some income for my mother so I figure if I

Similar wording

renovate the place and change the zoning it used to be rented out into a two

Similar wording

two zoned into two apartments prior but for some reason the zoning had changed and the

Similar wording

neighborhood within the last few years because my mother used to rent the apartment, her house out

Similar wording

for a few years back. But recently they had changed the zoning. So we're in compliance.

Similar wording

I've taken over the taxes and I've paid all the back utility bills on the property. So I'm just

Similar wording

trying to revamp the place and to, you know, make the neighborhood look a little better. You know,

Similar wording

that neighborhood is changing somewhat. There are more people coming into the neighborhood

Similar wording

and starting to fix things up. So I would like to contribute by helping. We did get permission from

Similar wording

the neighbors. We sent out the invites for zoning for a neighborhood meeting and we got

Similar wording

the permission from the neighborhood watch and everybody was in charge of the neighborhood.

Similar wording

um they approved it so as long as um they knew as long as we was keeping it in the family and

Similar wording

we weren't trying to like commercialize the property so but my goal is to just make sure

Similar wording

it stays into the neighborhood and it contributed to help with the neighborhood and also as a

Similar wording

financial income for my mother um as she gets older and and lives into a senior facility

Similar wording

I don't want the place to go into this

Similar wording

Mr. Ambrose, could you scroll down so we can see

Similar wording

two, three, okay, thank you

Similar wording

thank you

Similar wording

any questions from the board?

Similar wording

no

Similar wording

no

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

I want to take this time, Mr. Chair.

Similar wording

Planning Commission.

Similar wording

Good morning, Chair.

Similar wording

Peter Bernard for the Planning Commission.

Similar wording

This property is indicated for single-family residential in the comprehensive plan.

Similar wording

the zoning map was amended in 2019 from multi-family to single-family at this location

Similar wording