civus
Hearing video

ZBA Hearing - October 5, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 5, 20224h 36m

Okay. That's where you posted, right?

Similar wording

yes okay all right all right so go back go mr student and go back to the property shelf show

Similar wording

Yes.

Similar wording

Okay.

Similar wording

All right.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

me the property again okay let's see are you still there can you see it yeah i'm here i'm here okay

Similar wording

all right so the property is the property all right this is the property from inside the back

Similar wording

of the shop. All right. Leave that on a minute. Okay. So tell me what you, what you, have you

Similar wording

had this property for a while? This property has been in my, my father's owned this property for

Similar wording

over 50 years. Okay. It has been a garage since 1927 prior to my father. It was a blacksmith shop

Similar wording

in 1927 then it turned into a mechanical shop my father has owned this property since the 70s

Similar wording

okay it has always been an auto repair shop um uh we had a l and i person come by here

Similar wording

and we got a bunch of fines okay things to do which we complied with okay um we need a

Similar wording

change of use right okay property all right so so you're here today to change the use

Similar wording

correct this has been a garage for 50 years correct you went to the rco correct you presented

Similar wording

to them and the RCO agreed with you. Correct. Okay. Also, the council person had somebody at

Similar wording

the RCO meeting and they agreed with you. Correct. Okay. Okay. Questions from the board?

Similar wording

No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

i see no hands mr chair okay planning commission thank you mr chairman david vecto

Similar wording

city planning commission the comprehensive plan recommends no change to the residential single

Similar wording

family zoning at this location however this auto repair shop is a long-standing non-conforming use

Similar wording

purpose built as a garage the property is shown as a gasoline service station on the 1942 works

Similar wording

progress administration land use map for the city of Philadelphia. So the continuation of

Similar wording

this non-conforming use will not impair the use of surrounding properties and the city planning

Similar wording

commission recommends the board grant the use variance. Okay so MI 2021-004-009-322 West

Similar wording

Colter Street I vote yes. Carol Tenere my vote is yes. Thomas Holloman my vote is yes. James Snell

Similar wording

my vote is yes thank you mr student and good luck and congratulations thank you so much i appreciate

Similar wording

it thank you have a great day okay um mi 2022 004 843 15 16 18 north marston street

Similar wording

brandon saffron

Similar wording

mr saffron's coming back in as a panelist

Similar wording

hello again mr chairman all right you've already been sworn just state your name please

Similar wording

sure brandon saffron okay could you identify your client in relationship to this property

Similar wording

Yes. My client is the owner of the property. That is 1516-1518 Marston, LLC. And Matt Mullen, who is its principal, is here today to adopt my testimony.

Similar wording

I understand also Brewery Town Shardswood Civic Association has sent a letter of support.

Similar wording

Yes, that's correct.

Similar wording

Our vice chair has a few questions.

Similar wording

My name is Mr. Savron. Do you agree to raise the reading of the refuse once to feel it to its accuracy?

Similar wording

Madam Vice Chair, I do agree to waive the reading. I can't stipulate to its accuracy for one

Similar wording

relatively minor reason, which is although the reason for the refusal is correct, it cites the

Similar wording

wrong code section. It's really not particularly relevant to the issue at hand, but that's why

Similar wording

it's not 100% accurate. Okay. Have you emailed the exhibit packet with proof of ownership tax

Similar wording

compliance a copy of the refusal or referral photos and or plans of the property five days

Similar wording

in advance of this hearing and have you met with the rco and do you have a letter yes to all those

Similar wording

questions okay great you may proceed and begin with sharing your screen thank you okay thank you

Similar wording

Okay. So I do have a parcel map in my exhibit packet, so you can see it on Atlas, a little bit more zoomed out. The subject property is on Marston Street. This is in North Philadelphia between 27th and 28th Street, just above Jefferson Street.

Similar wording

okay um so uh i do have a

Similar wording

you can see that as compared to most of the other block properties but not all on our side of the

Similar wording

street it is a double wide lot the address with the dash in it indicates although I do not have

Similar wording

proof that it perhaps used to be two lots so we are here today as this refusal indicates

Similar wording

looking to turn it back into two lots the refusal is correct when it says that the required lot

Similar wording

areas are 1440 square feet each our proposed lot areas would be 1399 square feet each as i mentioned

Similar wording

the only reason that the refusal is not accurate is because it its citation indicates that the

Similar wording

requirement comes from the base zoning but in fact the requirement is established by the zoning

Similar wording

overlay, the fifth district zoning overlay. So here is the lot line relocation plan that we

Similar wording

submitted. This is in the packet and on the left hand side is the existing conditions. You've got

Similar wording

about a 2,800 square foot lot. Here are the proposed conditions where we would separate that

Similar wording

into two parcels. The only thing that really makes this a particularly interesting,

Similar wording

Oh, I'm sorry. Before I move on to that, here is the letter of support that the chairman mentioned from Brewery Sharswood Community Civic.

Similar wording

This, I think on the first page, there you go, they indicate that there is a total vote of 13 in support, zero in opposition, and one person in non-opposition.

Similar wording

I attended that meeting along with Matt Mullen, who is here today.

Similar wording

So what makes this application interesting, and I'll keep this short, is also the reason for the hardship, which is the homes, and that's homes with an S, there are two of them on one property, are already there, and you are looking at them.

Similar wording

And we are proposing, members of the board, to draw that subdivision line right down the party wall.

Similar wording

Why are they there?

Similar wording

Well, it's a little difficult to say exactly what happened, but my client, before he engaged me, and my client is an experienced builder in Philadelphia, applied for zoning permits to construct those two homes.

Similar wording

And they were granted. On your screen right now and in the packet is a zoning permit for the home on the left-hand side. There you go. You can see 1516 Marston Street indicated for the new construction of a single-family home.

Similar wording

here is his zoning plan stamped by L&I it clearly shows both homes and a subdivision line down the

Similar wording

middle here's a separate permit for the home on the right hand side also got a stamped plan for

Similar wording

that it's the same plan but with a distinct stamp to make a long story short for some reason and it

Similar wording

It may be because the requirement comes from the overlay, which is a relatively new overlay.

Similar wording

Ellen and I initially permitted the construction of these homes, even though they do fall just short of the minimum lot area requirement.

Similar wording

So after getting those zoning permits, my client proceeded to get a building permit for each property.

Similar wording

I'll try and be even quicker, but here's the building permit for the left-hand side home.

Similar wording

There are, I think, 17-page building plan sets.

Similar wording

Every page is stamped by L&I.

Similar wording

So he got all the way to the point where these things were largely built as per his building

Similar wording

permits, and then what happened, and I'll go over here to my memo of law, which I'm

Similar wording

going to discuss in a moment.

Similar wording

What seems to have happened is when he got to the OPA stage of getting new tax parcel IDs at the very end of the subdivision process, OPA noticed that his zoning permit didn't specifically say the word subdivision.

Similar wording

And then Al and I, when approached, noticed that they shouldn't have issued those zoning permits to begin with.

Similar wording

So I think that there were mistakes, innocent mistakes made by the city and by my...

Similar wording

mistakes, innocent mistakes made by the city and by my client. But to make a long story short,

Similar wording

there's two homes on what is still one property. And my client thought he had permission from the

Similar wording

city to subdivide them. He did not, lo and behold. So he's seeking that permission today.

Similar wording

So why don't we have your testimony at Dr. Brink?

Similar wording

Sure. That's fine. Thank you, Mr. Chair. And Matt Mullen, again, is the principal's name.

Similar wording

so mullen if you're in the audience please raise your virtual hand

Similar wording

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

Similar wording

it's matthew m-a-t-t-h-e-w m-u-l-l-e-n all right do you swear or firm to tell the truth

Similar wording

the whole truth and nothing but the truth i do proceed counsel matthew um were you able to hear

Similar wording

the full extent of my testimony in your case today? Yes. And was it true and accurate to the

Similar wording

best of your knowledge? Yes, it was. And would you therefore adopt it as your own? Yes. Thank you.

Similar wording

And Mr. Chair, last thing I'll add is that the deficiency of the lot area for each lot that

Similar wording

we're discussing is 3%. So while I do believe there is a hardship, even if there is not,

Similar wording

The board is, in theory, entitled to grant variances under the de minimis variance standard.

Similar wording

Thank you.

Similar wording

Thank you.

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 do not see anything else, Mr. Chair.

Similar wording

Community Commission.

Similar wording

Thank you, Mr. Chairman.

Similar wording

David Decto, City Planning Commission.

Similar wording

the comprehensive plan recommends no change to the residential single-family zoning at this

Similar wording

location the applicant is proposing to create two single-family lots each of which will be within

Similar wording

three percent of the required lot area the proposed lot sizes are within the range of average lot

Similar wording

sizes on the block the proposal substantially conforms with the recommendations of the

Similar wording

comprehensive plan as the buildings already exist and were built with permits the strict adherence

Similar wording

to the code would cause a hardship for the applicant. So the City Planning Commission

Similar wording

recommends that the board grant the dimensional variances. Thank you. MI 2022-004-843-1516-18

Similar wording

North Marston Street. I vote yes. Harold Tenere, my vote is yes. Thomas Holloman, my vote is yes.

Similar wording

jane snell my vote is yes thank you very much my vote is yes thank you thank you council so we

Similar wording

have one more case left uh before the 3 30 list i'm going to do this we'll take a five minute

Similar wording

break after that and then we only have one or two cases left okay so number 10 mi 2022

Similar wording

22-003-274, 1231-33 Walnut Street. Alexander Barth is the attorney, coordinating RCO,

Similar wording

Washington Square Civic Association, advised applicants through email that the board had

Similar wording

vote in non-opposition of this proposal. Also, there's a letter of non-opposition from Councilman

Similar wording

Mark Squilla. Council Barth. Mr. Chair, this is Hillary. We did receive the formal recommendation

Similar wording

of non-opposition from the coordinating RCO. Thank you. Thank you, Council. Thank you very

Similar wording

much, Chairman and members of the Board. Alexander Barth of Cohen, Seglius, Palace,

Similar wording

Green Hall, and Furman here on behalf of the applicant in this matter, which is Midtown

Similar wording

chocolatiers llc we are i'm here with laurie smith on behalf of the applicant as well as scopic

Similar wording

kett of kilwins the franchisor for this space um and jamie mcdonald from the contractor just

Similar wording

for the sake of the record could you state your name and spell it for the court reporter

Similar wording

sure it is alex alex barth b is in boy a r t is in tom h is in harry right do you swear

Similar wording

affirm to tell the truth, the whole truth, and nothing but the truth? I do. Our vice chair has

Similar wording

a few questions. Good afternoon. Do you agree to leave the reading of the refusal and stipulate

Similar wording

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

Similar wording

compliance, a copy of the refusal or referral, photos and or plans of the property five days in

Similar wording

advance of this hearing, and have you met with the RCO, and do you have a letter? Affirmative to all

Similar wording

of those. With the exception of the letters, the two letters, both from Washington Square West and

Similar wording

from Councilman Squilla's office came after the submission of our packet. Okay, thank you. You

Similar wording

may proceed and begin to share your screen. Thank you very much. Let me just

Similar wording

all right, members of the board.

Similar wording

all right members of the board um let me just get in here

Similar wording

so we are here on a referral for a special exception based on the supplemental use controls

Similar wording

of 14502 the property we are discussing today is 1231 through 33 walnut street

Similar wording

that is a first floor retail space at the corner of walnut and 13th fronting on 13th street um

Similar wording

just as preliminaries going through this packet you have submitted to the board our initial eclipse

Similar wording

application for zoning approval for the operation of midtown chocolatiers will be proposing to

Similar wording

operate a Kilwins chocolate shop. That is a retail space that will sell both custom-made chocolates

Similar wording

made on site, as well as pre-packaged chocolates, candy apples, nuts, other confections, as well as

Similar wording

handmade ice cream that will be made on site. Some stuff will be delivered, other stuff will

Similar wording

actually be made on the premises in this location. Exhibit B is the refusal, as just stipulated to,

Similar wording

for the proposed eating and drinking establishment and a takeout restaurant. This initial refusal

Similar wording

was given because of the takeout component and the nature of the business that's going to be

Similar wording

done. It's a chocolate shop. Some people could eat in there, but generally people are going to

Similar wording

picking up goods and walking out the door with it. Ellen and I saw fit because of the nature to

Similar wording

give it the referral for a special exception. Exhibit C is our application for a special

Similar wording

exception, and D would be the project information form as submitted. The applicant today is a lessee,

Similar wording

the tenant of the commercial space on the first floor of this building. We have attached as

Similar wording

exhibit D a copy of, or exhibit E is a copy of the lease with Empire Building Partners for that

Similar wording

space. Exhibit F is not applicable. I apologize for the error from our copy center. G being the

Similar wording

tax clearance certification for the applicant Midtown Chocolatiers. H is a copy of the plan.

Similar wording

This is an internal diagram or a plan of the internal components of this store to the right

Similar wording

of that plan as you are looking at it is the frontage on 13th Street. Council, we're just

Similar wording

still seeing your content. Why don't you put that up? What you're saying now, why don't you put that

Similar wording

up for us? You can't see that? No, we don't. We're still seeing your table of contents.

Similar wording

Sir, this is Pauline from IT. Do you have two screens or one? I have one up.

Similar wording

so you can try um unsharing opening up the next exhibit or the next page and then resharing

Similar wording

all right let me

Similar wording

my screen

Similar wording

let me just see

Similar wording

why is this can you guys see the exhibits that i'm seeing right now that i'm scrolling through

Similar wording

no no this is frustrating so if you just open an exhibit one of the exhibits

Similar wording

and then click share and click on that exhibit when it asks what you want to share

Similar wording

it's just it keeps defaulting to the same it's giving me the option to share multiple screens

Similar wording

And what I'm going to do here is, unfortunately, close out of these screens.

Similar wording

And maybe try closing this one.

Similar wording

Over on the left-hand side, all those exhibits.

Similar wording

Right. Yes.

Similar wording

can you click on any of those and open it are you seeing these if you scroll down i think we will

Similar wording

what i'm looking at is i'm i'm scrolling right now that's that's it that's that's where you're

Similar wording

gonna have to go that's nice you're going to scroll right now okay we're good all right

Similar wording

perfect all right so you i'm i will quickly accelerate through this so not to to waste

Similar wording

any additional time um what he just shows the picture you talked about so we have an internal plan

Similar wording

of the existing space there is going to be no change or alteration to the physical layout

Similar wording

internal of this existing commercial unit this is 13th street the frontage on 13th street there

Similar wording

will be an entrance coming in off of 13th street where you're going to see what are essentially

Similar wording

the internal components of this chocolate shop a preparation area to the right upon entrance

Similar wording

a preparation area to the right upon entrance that you'll be able to view across countertops.

Similar wording

that you'll be able to view across

Similar wording

You're going to have an area for concessions, essentially display cases. These are additional

Similar wording

display cases on either side for a traditional retail shop to sell confections. In the back

Similar wording

is going to be preparation areas where they will have ice cream, cold ice cream that they have

Similar wording

produced available for sale, as well as other preparation. This is not a heavy industrial

Similar wording

kitchen, just a basic kind of a smaller grade facility. They have a freezer in the back,

Similar wording

mechanical rooms, an office, and wash sinks. So this is utilizing the existing space as you

Similar wording

see it today. And in that space, as it appears today, conforming it just to be a chocolate shop.

Similar wording

It was an existing retail space prior to this. I believe it was a boutique. And its adjacent neighbors are consistent with this up and down both Walnut and on 13th Street, Insomnia Cookie, Sampan, restaurants, other facilities of that nature.

Similar wording

going to exhibit j

Similar wording

um i will say we did submit and attach to for the purposes of this hearing today

Similar wording

a small proviso plan an adjustment from our original plan um that would just incorporate

Similar wording

um a single

Similar wording

flat top table for four person seating to allow a guest to sit here the original refusal is for

Similar wording

for food preparation, dining, this would just incorporate the idea of allowing us to have

Similar wording