ZBA Hearing - May 3, 2023

Mr. Nockmson, just state your name for the record, please.

Alan Nockmson.

Could you identify your client, your relationship to the property?

Yes.

It's Carlos Moda, the owner of the property.

Okay.

And our vice chair has a few questions.

Mr. Nockmson, do you agree to read away the reading of the refusal and stipulate to his

accuracy?

I do.

Have you emailed in all the required documents and exhibits needed to proceed with this case five days in advance of this hearing?

Yes, we have.

Thank you. Please proceed.

Oh, one thing I would say, and I do object to the refusal in this sense, that there is no reference to the existing

uh that uh there is no reference to the existing off-street parking um at the property so i do

have an objection as to that um if we can uh you know agree provides on we have a record

of the history of this property it's part of our presentation but to recognize that off-street

parking if the board feels so inclined by way of a complies though um we're here to present 1052-54

or Roy Street. And the proposed use is a private club in the existing structure. And as you can

see here, there is existing parking here as well. During this matter, we'll review the notice of

referral. So this is not a variance matter. This is a CMX2 property. And we believe that a special

exception should be granted because this proposed use would have no greater impact of what would

be normally expected of what we're offering compared to what else is allowed under the codes.

We do have correspondence from the Nice Town, Tayoga, and Improvement Team. Again, I would say

this, the people that were in attendance were not nearby neighbors. And we did make significant

community outreach thereafter. We thought that this was a pretty straightforward project given

been that Mr. Moda has owned this property for almost 30 years and has been a productive member

of this community. And then you'll see that from exhibit three, which is our petition and letter

support. I mean, we even have some handwritten letters. So there are two churches nearby,

each of the elders from an elder from each church, specifically on either handwritten or typed,

like their own support they didn't just sign you know what we provide to others a form letter of

support and petition they took it upon themselves to show that they really care about the fact that

Mr. Moda should have this use and they explain why and we'll go through those letters you'll see

the zoning permit that's previous to this property which shows the off-street parking

maps of the area photographs of the property some interior photographs or plans and drawings which

just basic, you know, handwritten by Mr. Moda. Our RCO meeting notice, our deed to the property

showing Mr. Moda, if you own it to the property, and our certificate of tax credits showing that

he is in the payment plan for this property and does tax compliance. So our notice of referral.

So again, this is a CMX2 property, and we're just trying to put a private club here. So Mr. Moda

has owned this property for a significant period of time.

He used to be an automotive repair shop for some time.

And he's been actively a resident of this property

from a business purpose.

And you'll see that we're not really in a residential area.

So the use that we're proposing

is really not gonna have an impact much

on any portion of this community.

And a few years ago,

he decided to start this jeep club because of his love of cars so they're you know people who are

usually over the age of 40 years old and i would say that's the membership uh he doesn't charge for

membership but just for their love of jeeps and you know they just you know pile around at the

club and then they drive their jeeps around you know philadelphia not causing any noise or any

issues. Their hours of operation are 6 p.m. to 12 a.m. Thursday through Saturday and 10 a.m.

through 6 p.m. on Sunday. In addition to that, he also has a softball team that he also has a

membership, you know, through his friends. And those are the two activities that he wants there.

And, you know, he wants to do it legally. So that's why he hired us to do that private club.

So the correspondence from the RCO, again, it wasn't a well-attended meeting.

There were only four people that voted, three in opposition and one in support.

And in the letter, it actually says, we encourage Mr. Moda to meet with his near neighbors and constituents to formulate a strategy for outreach and community engagement and to formalize plans and public recognition documentation for his many service activities, including cleanups and whatever.

So that's what we did.

We decided that we're going to show not just the group, but the board of this.

Now, I will say this, that Mr. Moda is a limited English proficiency, so it's always difficult

for him to talk during presentation.

We try to handle that as much as possible.

And also, his members also have limited English proficiency, and that's why they didn't feel

his members also have limited English proficiency, and that's why they didn't feel comfortable

comfortable.

going to the community meeting, the virtual community meeting. So, but as you can see here,

we obtained either a petition or letters to support of all, basically, people who are nearby

who would most directly be affected by this property. And then here's our petition, which

shows those nearby neighbors. And then this is a letter from one of the elder statesmen. He is

one of the pastors, and it says to whom it may concern, my name is Charlotte Jefferson. I'm a

member of the Cosmopolitan Mission Service Baptist Church, which is located just down the street.

The Jeep Club is on the same block as my church. The Jeep Club causes no issues with sound or

appearance for our church their areas kept clean by basically carlos and they're always extending

ways to help the church out you know and and to have others help the church out and this person's

there two or three times a week and this person's verifying that you know that our property is

always kept clean front and back and the jeep club is never overly loud um and they were asking

for support but this is a handwritten note from someone in the community and this is someone else

uh you know uh basically recommending carlos moto this is a great club i personally see how

they care and protect our neighborhood beyond uh the expectation they also help clean they

surround the areas they are well-educated people making that difference and so mr mo and obviously

here are a forum uh like petitions as well but two people took it upon themselves to handwrite

or type something that's specific to Mr. Moda and to them.

And as you can see here, and this is-

Mr. Rapids, before you go on from the letters,

could you go back to the RCO's letter?

Could you comment on their recommendation about the club?

Could you comment on that?

Yeah, well, so we can't make it like a public, civic,

or institutional use.

And I'll defer to Ms. Emerson about that.

um but we're not a non-profit we don't pay we don't charge our members for membership so

unfortunately this is between nightclubs and private clubs i really think that there's an

issue with the philadelphia zoning code code and i'm hoping that the next city council will deal

with like just cleaning this tightening it up a little bit and i honestly can see where some

communities get concerned when you hit private club or nightclub but this is the best category

we fit into yeah that's why that's why i'm one of your comments yeah

so and here's our registration permit showing that we do have off-street parking and then

here's maps of the area as you can see there is no yellow there's no orange there's a sliver of

of of residences but even there you know those people are not against our project it's not even

the project but you can see like this is like an industrial ish area where irregular shaped lots

um you know the previous use was industrial in a way because it was automotive repair shop

i think this is a good use of the property and then this is just photographs from royce street

from west west moreland uh royce street to the right of the property royce street to the left

of the property, West Westmoreland to the right, West Westmoreland to the left. And then you can

see he keeps it very well lit, right? So he has security cameras throughout. And my understanding

is that there was an incident in the neighborhood and the police were able to use footage he had

from the video to help solve a crime. But he's very ingrained in this community. He keeps his

property very clean and it keeps it safe safe and it activates this block which is really important

for the neighborhood here's our uh proof of posting of for today's hearing interior photos

full table trophies nothing crazy you know this is where they keeps the cars

and then our plans and drawings like just the same thing very basic meeting notice again not

very well attended. Only four people attended

the meeting. 78 addresses were notified

of the meeting. Proof of mailing

to his addresses. Our deed to the property

showing that Carlos is the owner of the

property.

And then our certificate of tax clearance.

He is on the payment plan.

So with that being said, I would ask that Mr. Moda

virtually raise his hand.

And if this board feels

so inclined, by the way, we would

the degree to a temporary variance by way of proviso.

uh to a temporary uh variance by way of improvising sir could you state your name

and spell please for the court reporter

do we see his hand up mr moda can you unmute yourself

Mr. Mota

could you identify

could you state your name

and then spell for the court reporter

Carlos Mota

and could you spell your name

C

C

C

A

R

L

L

O

S

M

O

T

A

do you swear or affirm to tell the truth

the whole truth and nothing but the truth

yes

yes

proceed counsel

Oh, yes. Mr. Moda, you heard everything I had to state about your zoning matter. Yes. Yes. And is it true and correct? Yes. And do you adopt it as your own testimony? Yes. Thank you. Questions from the board? No, Mr. Chairman. No, Chair. No, no, Chair.

Questions or comments from the virtual audience?

I see no hands, Chair.

Planning Commission.

Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

Board members, this is a special exception request.

In our opinion, the proposed use will not cause detrimental impacts to the neighborhood beyond what might normally be expected.

And so the commission recommends that the board grant a special exception.

MI-2022-005-548-1052-54 Royce Street. I vote yes with proviso. Temporary variance expires

5-4-26 and existing non-accessory parking use to remain.

Thomas Holloman, my vote is yes with provisos.

James Snell, my vote is yes

with provisos

Ishmael Shahid

my vote is yes with provisos

Back to you later Mr. Knockinson, thank you

Number 5

MI 2022

007-520

1110 Pine Street

Joseph Consul is the attorney

letter of non-opposition

from Washington Square

and letter of non-opposition from council member

Squilla

Chair, Mr. Consul is coming back in as a panelist.

Good afternoon.

Mr. Consul, could you state your name, please, and spell it for the court reporter?

Yeah, it's Joseph Consul, J-O-S-E-P-H-C-O-N-S-O-L-E.

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

I do.

Could you identify your client in relationship to the property?

Yeah, my client is Patriots Holdings, LLC.

I believe Tim Stover and Anthony Capello, the co-owners, are on this call.

Okay.

Our vice chair has a few questions.

Good afternoon, counsel.

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

Yes, sir.

Have you emailed in all the required documents and exhibits needed to proceed with this case?

Update in advance of this hearing?

Yes.

Please proceed.

Good afternoon, Board. Joe Consul here on 1110 Pine Street.

My clients, Patriots Holdings, LLC, purchased the property in June of 2022.

We are here because they are seeking the re-legalization of five residential units and a commercial unit on the first floor.

The property is zoned CMX1.