civus
Hearing audio

ZBA Hearing - March 11, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 11, 20266h 9m

immediately into his home. There's no separation between the operational area and the members

Similar wording

from the public. And they have free access to the upstairs of his home. It's just not a well

Similar wording

fought-out setting. The issue of whether or not this intense use, one, we did not

Similar wording

have an opportunity to see those petitions. They were not presented at

Similar wording

the community meeting. We had no one who showed up in support. We did have two

Similar wording

people who identified themselves as near neighbors who were in

Similar wording

opposition, who indicated that there was foot traffic, that there were parking

Similar wording

that there were parking problems, including double parking and parking on the medium out in front of the property.

Similar wording

problems, including double parking and parking

Similar wording

I had indicated to Vern that if there was no public traffic coming in, that this could be construed as somebody writing insurance.

Similar wording

working with another RCO on South Broad Street. We had a situation where we had

Similar wording

adjusters in the automotive business who set up an office, but they had no public coming in.

Similar wording

So there is a concern. There's also a concern that it sets a precedent. And we have a very

Similar wording

large planning district. The Lower Southwest Planning District is one of the largest in the

Similar wording

city. And why wouldn't somebody else not say, well, I'd like to have a dress shop. I'd like to

Similar wording

sell music. It opens up the door to problems in the future with if this is passed and set as a

Similar wording

precedent. We are troubled that Mr. Banto initiated this with no permits and

Similar wording

And concerned that when he first went in to pull his construction permit, he did not indicate to the plans examiner exactly what he was doing inside the facility.

Similar wording

And the fact that it's been going on for two years, unpermitted, with no inspection of the construction, is, I hate to say selfish, but shows a lack of consideration for the residents on it.

Similar wording

in that this is RM1. I don't really see any financial hardship. If money was an

Similar wording

issue, that could have been converted to a ground floor residential

Similar wording

unit. So we find his position somewhat specious in what he's trying to do.

Similar wording

We'd like to, you know, I'd like to see him get an exit strategy out of there,

Similar wording

but the the meeting with the community what was so poorly executed that it was

Similar wording

difficult to get anyone to show him consideration ongoing inability to

Similar wording

communicate and handle questions from the from the neighbors contributed to it

Similar wording

just as he appears to be unable to get on and answer questions now I would leave

Similar wording

it at that. I have sympathy for his position, but we have significant concern for the impact

Similar wording

of the rest of the block. As I said, we had no opportunity to inspect the petitions. I'll assume

Similar wording

that they're accurate, but the fact that he had no one show up at the meeting to support him

Similar wording

is concerning. Thank you very much.

Similar wording

Vern, do you have questions?

Similar wording

I have no questions for Mr. Melodogian, although I do want to have a few counterpoints.

Similar wording

First, as this board knows, there's no precedence in zoning law.

Similar wording

Every property, every parcel is its own unique evaluation.

Similar wording

So there would be none here.

Similar wording

Second, no one showed up at that RCO meeting.

Similar wording

And I do respect Craig's input, but he doesn't live anywhere near.

Similar wording

Three dozen people do, and three dozen people, including both adjacent neighbors, signed a petition in support of this man.

Similar wording

This man has been operating for two years without incident.

Similar wording

He's a beloved neighbor on the block.

Similar wording

And if there is a concern about this office space carrying over to another owner, we have offered the temporary variance as, I think, a good stopgap measure.

Similar wording

And I have nothing else.

Similar wording

my client pulled those permits uh believing he could do the work that he did he did it leave

Similar wording

all that work legally uh and he believed he could have that office there when he found out he could

Similar wording

not he called me immediately and we've started this process thank you is there anyone else in

Similar wording

the audience no hands at this time chair planning commission thank you chairman and good morning

Similar wording

good afternoon david fecter with the city planning commission chairman and board members the

Similar wording

comprehensive plan recommends a change in zoning at this location from rm1 residential multi-family

Similar wording

to rsa5 residential single family the neighborhood still carries its original 1933 zoning if this was

Similar wording

if this was an office that was not serving the public then the appellant would be allowed the

Similar wording

office under the home occupation definition in the zoning code the city planning commission recommends

Similar wording

that the board deny the proposed use variance for an auto tag and insurance center. MI 2024-002-310-7346

Similar wording

MI 2024, 002, 310, 7346, West Pass, Sean Gavineau, I vote no.

Similar wording

Michael Johns, Michael Johns, my vote is no.

Similar wording

Cheryl Gaston, my vote is no.

Similar wording

Tanita Graham, my vote is no.

Similar wording

Maya McAdams, my vote is no.

Similar wording

Ty Owen, my vote is no.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

What case is yours, sir?

Similar wording

Okay, Hillary, I'm getting concerned we're going to run late, so I want to get him out of here. Why don't you come up?

Similar wording

So that's 13 and 14, right?

Similar wording

10 and 11?

Similar wording

No, you got that.

Similar wording

13 and 14.

Similar wording

Okay.

Similar wording

All right.

Similar wording

So MI 2025, 005, 537, 1336 North 16th Street.

Similar wording

The owner is Ram Hoyt, 1 LLC, and 14 is MI 2025, 005, 539, 33, 38 North 16th Street.

Similar wording

And the owner is also Ram Holt, 1 LLC.

Similar wording

The attorney is Michael Agnell.

Similar wording

Sir, could you please state your name and spell it for the stenographer?

Similar wording

My name is Michael Eggnall, M-I-C-H-A-E-L-E-G-N-A-L.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

There's a letter of support from Councilwoman Bass,

Similar wording

unanimous support with provisos from Nicetown Tioga team, right?

Similar wording

That's right.

Similar wording

Our vice chair has just a few questions, sir.

Similar wording

good afternoon now um have you submitted your documents and exhibits five days in advance of

Similar wording

this hearing we have and do you waive the written of the refusals to stipulate to the accuracy I do

Similar wording

okay thank you you can share your screen and proceed with your case you know I think you

Similar wording

how to do that the virtual in might have gotten logged out okay

Similar wording

how do you make it out you know i i was logged into the zoom and uh i think i logged out so i

Similar wording

Okay.

Similar wording

Get back in.

Similar wording

You know, you gotta be honest about something.

Similar wording

stay away from it make me laugh

Similar wording

we up

Similar wording

we're it's it's loading oh good good it should come up here any minute I got my hand up

Similar wording

he's being promoted to panelists share oh great great so it's coming up why don't you

Similar wording

why don't you just start and tell us what it is you're doing here because i there's been a little

Similar wording

change right it was eight now seven so i want to give us an overview of where we are sure so i'm

Similar wording

going to share my screen to show you what we have but we have two adjacent lots right 33 36 and 33

Similar wording

38 north 16th street right

Similar wording

that's right behind the hospital there am i right

Similar wording

i i think so it's not far i think it's two blocks yeah right right right uh this is this

Similar wording

is i'm showing an image uh these are vacant parcels right right now and my client is proposing

Similar wording

to fill in with two structures. Previously, we asked for eight unit structures. Currently,

Similar wording

after meeting with the RCO, we've reduced to seven. We received refusals for multifamily

Similar wording

because this is, I believe, RSA 3. And for lot coverage, we're covering 57% of the lot,

Similar wording

and 50 percent is allowed by right and also in that RSA 3 attached properties are not permitted

Similar wording

uh attached properties are not permitted also parking so uh this is the um rendering of what

Similar wording

also parking

Similar wording

we're proposing my client is uh in the zoom and also the architect is uh also here um i'm bringing

Similar wording

up floor plans there's an ada oh i'm sorry this this this is the the old drawing that has eight

Similar wording

units which we're moving away from so i'm shifting over now this is our updated drawing with a two

Similar wording

bedroom unit on the lower level uh a one bedroom and a two bedroom on the first floor a two bedroom

Similar wording

and a one bedroom on the second floor and a two bedroom and a one bedroom on the third floor and

Similar wording

the unit mix was changed in consultation with the community because they thought that the

Similar wording

The space worked better and created more inviting units for people if two bedrooms were reduced to one bedroom in the lower level was combined into a single unit.

Similar wording

The community also had input about the the exterior so there's been an update with the rendering and the materials that will be used, which is shown here.

Similar wording

um uh there's a trash management plan where there's private pickup that will come twice a week

Similar wording

um for uh exterior stored uh waste which um will be out front there and um that's you know

Similar wording

that back and forth led to the unanimous about the back how do you get out of the back there

Similar wording

right so uh the the back actually is is carolina uh on the call i think she she might be the

Similar wording

architect okay sure might be good to tag in now uh carolina raise your hand if you're here yes

Similar wording

could that person raise your hand please

Similar wording

i have a hand raised from a matan smell but no uh carolina carolina right before that

Similar wording

matan is the property owner so he might be appropriate now and carolina is the architect

Similar wording

i saw her raise her hand just before this carolina yep i'm here hi carolina could

Similar wording

you please state your name is spelled for the stenographer sure carolina pena c-a-r-o-l-i-n-a

Similar wording

p-e-n-a all right do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do could you turn your video on if possible uh yes i'm trying to work out the camera on here

Similar wording

you connect my

Similar wording

there you go you're up okay council questions for her yeah so how do we access the backyard

Similar wording

uh so we have a door at the first floor level uh there's a hallway at least to that door to

Similar wording

the backyard and how do you get out of the basement the back uh there is a light well

Similar wording

that leads to the backyard and then out to an alley

Similar wording

and also the lower uh basement unit has a direct access to the street because of the

Similar wording

the height difference between the back of the lot and the front of the lot so the lower unit

Similar wording

enters at street level so why don't we do this your architects on why don't we open it up to

Similar wording

questions from the board now questions from the board

Similar wording

how many how many units is this seven units it was it was eight the neighbors dropped at the

Similar wording

seven to be clear each lot so we're appealing so yeah and seven yeah so yeah right each bill

Similar wording

so it's four so it's 14 yes so it's 14 14 14 units um and two properties and two properties

Similar wording

right so I guess I'm just kind of looking at the your your layouts it's

Similar wording

great that you have direct access out to the front and get real sort of windows

Similar wording

and direct access out that basement unit seems pretty decent in terms of size

Similar wording

although for three bedrooms may not be a little concerned about the upper units

Similar wording

particularly the two-bedroom units on the third floor and since you don't have

Similar wording

it furnished other than the beds it's you know you can't really see how

Similar wording

somebody's really going to furnish that right so it seems pretty dense to me for

Similar wording

for seven units but that those are my issues I'm always not crazy about trash

Similar wording

seven units but that those are my issues I'm always

Similar wording

in the front but it looks like you tried to do something to to to house them and

Similar wording

sort of you know hide the trash but still always an issue in the front all

Similar wording

the questions from the board yeah is it so what speaking of the trash is there

Similar wording

storage interior and interior units and then they will come and put it outside

Similar wording

So, or there are that that was a topic of extensive discussion with the community. There are handsome lockers which we showed to the community that are large and enclosed, which would be housed out front sort of like garden shed type of things that are large and all enclosed and black to match the aesthetic, which would be out front.

Similar wording

So the storage would be external.

Similar wording

other questions questions and comments from our attorney hillary emerson

Similar wording

um yes so it appeared that there was a revised site plan that was um submitted showing um

Similar wording

showing the reduction from eight to seven units as well as a slight increase in the occupied area

Similar wording

um were there any other changes um to the project on the revised plans because we will need a

Similar wording

a proviso form that lays out these changes but i just wanted to know if there was anything else

Similar wording

that was changed no okay thank you so we'll just need to have that um submitted um but the board

Similar wording

the board can still um if the board wants to vote on this matter today it still can but we'll just

Similar wording

need the proviso form for processing thank you okay um questions or comments from the virtual

Similar wording

oh and mr chair just for the record there's there would be one page of revised plans for

Similar wording

each property if the board were to grant and adopt the advice revised plans

Similar wording

revised plans each property

Similar wording

questions or comments from the virtual audience no hands at this time chair planning commission

Similar wording

thank you chairman and good afternoon David Fecto with the city planning commission

Similar wording

chairman and board members I'll testify for both cases at the same time the comprehensive plan

Similar wording

recommends no change to the RSA 3 residential single-family zoning at this location the city

Similar wording

rezoned this neighborhood in 2006 and a council requested map change most of the homes on this

Similar wording

block base have between three and five dwelling units so we would argue that four dwelling units

Similar wording

would be the minimum needed to provide relief to the appellant the city planning commission

Similar wording

recommends the board grant the proposed variance for 33 36 and 33 38 north 16th street for

Similar wording

multifamily use but for a maximum of four dwelling units each and grant the proposed parking and

Similar wording

dimensional variances so i'll do both at the same time mi 2025 005 537 33 36 north 16th street

Similar wording

Street and MI 2025 005 339 33 38 16th Street for both properties I vote yes revised plans

Similar wording

and maximum six units per property and that's one page just to clarify for the record

Similar wording

revised plans one page thank you plans one page maximum six units per property

Similar wording

michael johns my vote is yes with proviso sure all gas the my vote is yes with proviso

Similar wording

tenetta graham my vote is yes with proviso my mcadams my vote is yes with proviso thank you

Similar wording

council thank you board okay um yeah i know i just but i didn't want to leave him sitting here

Similar wording

Which one's DeMarco?

Similar wording

I got it.

Similar wording

All right.

Similar wording

Am I, hold on here.

Similar wording

I'll get it for you.

Similar wording

Number seven.

Similar wording

Am I 20, 25, 001, 542, 1317 South 54th Street.

Similar wording

Richard DeMarco is the attorney.

Similar wording

we're going to get these in they're being promoted to panelists

Similar wording

good afternoon mr chair council how are you could you please state your name and spell for your

Similar wording

stenographer yes richard demarco last name spelled d-e-m-a-r-c-o right um do you swear

Similar wording

referring to tell the truth, the whole truth, nothing but the truth? Yes. Could you identify

Similar wording

a client, a relationship to the property? Yeah, my client is Hugh Davis. The owner is called

Similar wording

Cam Daddies. He's still on the call, I believe. And I understand this is going to be here and

Similar wording

hold. Am I correct? We do have an agreement with the RCO on a duplex dwelling, and we did submit

Similar wording

revised plans yesterday for that. I did confirm their support for that via email. Our lawyer is

Similar wording

going to tell you why oh okay okay so the so we did see the um the tax agreement that was submitted

Similar wording

however the agreement expired in january and it wasn't signed by your client until march so the

Similar wording

i don't believe the agreement is actually in effect so we need proof that there is an agreement in

Similar wording