civus
Hearing audio

ZBA Hearing - March 11, 2026

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

effect great okay okay yeah i'm surprised to hear that but okay i i thought he had just gotten it

Similar wording

okay um yeah no it was expired in january i see yes okay so you'll need you'll just you'll need

Similar wording

an updated agreement is all exactly okay yep yep otherwise you're good to go so there's no

Similar wording

non-agreement received from the 51st ward vote was to unanimously oppose the triplex 15 votes

Similar wording

included one near but the majority that were in favor of a revision of a duplex right um council

Similar wording

member got the a is in agreement with the rco is in favor okay our vice chair has a few questions

Similar wording

sure good afternoon have you submitted your documents and exhibits five days in advance

Similar wording

of this hearing yes and do you waive the reading of the refusal and stipulate to its accuracy

Similar wording

yes and you can share your screen and proceed with your case thank you yeah agreed on the

Similar wording

reading of the um let me get to that uh rco letter so by the way this is the settlement agreement

Similar wording

with the city. We'll get that updated for you. So we spoke with the RCO. We had two meetings.

Similar wording

We spoke with the RCO about they had suggested they did not want three units, but they would

Similar wording

agree to two. So we were just waiting on getting some drawings to them. They came in a little late.

Similar wording

They came in yesterday, but we sent them right over. I did get an email. I had an email conversation

Similar wording

with Dr. Christina Williams from the RCO, and we are absolutely committed to we're not pursuing

Similar wording

the three, and we are going with the two per their recommendation. We were able to come up

Similar wording

with plans, which you should see on your screen. Both units will have dedicated entrances to the

Similar wording

rear yard. I'll show you on this. This is the first floor plan. You can see there is a rear yard,

Similar wording

And there's two doorways and two stairs leading to each unit.

Similar wording

So the basement unit has a dedicated entrance to the rear.

Similar wording

So there's the two dedicated exits, two at the front and two at the rear for each unit.

Similar wording

And trash will be stored in the rear yard out of view from the community.

Similar wording

I'll just say this, Mr. Chairman.

Similar wording

the um the property is in an extremely poor condition it's been in a blighted state my

Similar wording

client acquired it in a blighted and dilapidated state it's boarded up he's had to sink some money

Similar wording

into it um leading up to today there was a fire at the property um let me show you some rear photos

Similar wording

it's not in good shape the block is very challenging this is the rear he had to comply

Similar wording

some violations um and did so i believe but it's it's obviously in a distressed condition so we

Similar wording

we obviously would assert to the board that there is a hardship caused by long-term vacancy at the

Similar wording

property some of it is my client's ownership but it was probably my client acquired it in that

Similar wording

state so he has struggled to get it developed and uh once to to he's from the neighborhood he

Similar wording

He grew up in West Philly and is dedicated to cleaning it up, getting it into a situation where he can develop it.

Similar wording

There are very challenging and blighted properties on the block.

Similar wording

I did give you some contextual photos of other blighted properties on this specific block.

Similar wording

It's not in good condition.

Similar wording

One other note, he did circulate the petition.

Similar wording

One other note, he did circulate the petition.

Similar wording

he's

Similar wording

He's well known in that neighborhood.

Similar wording

He did circulate the petition.

Similar wording

He did get signatures.

Similar wording

But regardless of that, we worked with, by the way, here's the postings.

Similar wording

We did work with the RCO to work out a deal here.

Similar wording

And everybody, in my understanding, everybody's on board for the two units.

Similar wording

In anticipation of getting the plans, when I submitted the exhibits on Friday, I did submit a revised proviso form showing that we were revising the plans for two units instead of three.

Similar wording

My understanding is the footprint is identical to the initial submission, all right?

Similar wording

So I believe this can be handled through proviso, and in all caution, I'll defer to Hillary, obviously.

Similar wording

You're going to hold it anyway, but we do have three.

Similar wording

Let me go back to the drawings.

Similar wording

We do have three pages, and the footprint's going to be identical to the original submission, and we agreed to a proviso for no more than two units at the property.

Similar wording

I would like to try to get Hugh on.

Similar wording

He's been waiting patiently, so maybe he's still with us.

Similar wording

So, Hugh, if you could raise your hand to accept my testimony as accurate.

Similar wording

And could you show us the basement, too?

Similar wording

Yes, sure.

Similar wording

What's going to be in the basement now?

Similar wording

Oh, it's my computer's.

Similar wording

They're being promoted to panelists.

Similar wording

Acting up here.

Similar wording

Yeah, here it is, Mr. Chairman.

Similar wording

Let me try to zoom in.

Similar wording

So you see, the basement's not, it's half grade, if you know what I mean by that.

Similar wording

It's a raised first story.

Similar wording

So the basement's actually not fully underground.

Similar wording

So it was easy to have this, you know, slight excavated entranceway.

Similar wording

So there is direct rear yard access.

Similar wording

Why don't we do this?

Similar wording

Bring him on.

Similar wording

We'll adopt your testimony.

Similar wording

Then we'll open it up to the board.

Similar wording

But I would leave the basement open for you.

Similar wording

Okay.

Similar wording

You believe what?

Similar wording

I would leave that open, if you would, the basement.

Similar wording

Will do.

Similar wording

All right.

Similar wording

What's your client's name?

Similar wording

It's Hugh Davis.

Similar wording

Hugh.

Similar wording

Hugh.

Similar wording

They're our panelists.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Could you please state your name as Bellford's sonographer?

Similar wording

It does take a little while to get promoted.

Similar wording

Hugh, are you with us?

Similar wording

I really did want you to hear from him, but it's been a while.

Similar wording

Okay, all right.

Similar wording

So they have to unmute themselves.

Similar wording

You make sure you unmute.

Similar wording

All right, so if he doesn't come on, I'll ask you to.

Similar wording

Charles, we'll take your questions from the board.

Similar wording

Okay, thank you.

Similar wording

Questions or comments from our attorney?

Similar wording

Just to verify, because I know this was mainly change of use, but there was a little bit of

Similar wording

like an addition taken down and then put back up.

Similar wording

Oh, Hillary, there's Hugh.

Similar wording

Can I just grab him real quick?

Similar wording

That's fine.

Similar wording

Thank you.

Similar wording

Appreciate it.

Similar wording

Sorry, Rob.

Similar wording

I'm Mr. Davis.

Similar wording

Could you please state your name and spell it for the stenographer?

Similar wording

Hugh, H-U-G-H, Davis, D-A-V-I-S.

Similar wording

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

Similar wording

Yes.

Similar wording

Please turn in your video if you can.

Similar wording

I'm not good at this.

Similar wording

Okay, all right.

Similar wording

I've been watching y'all the whole time and now it's not giving me.

Similar wording

No, Mr. DeMarco, please proceed.

Similar wording

Mr. Davis, that's okay.

Similar wording

Did you hear my presentation to the board and is it true and accurate to the best of your knowledge as the owner?

Similar wording

Yes, it is.

Similar wording

Okay, and can you accept my presentation and the testimony as your testimony in this case?

Similar wording

Yes.

Similar wording

Okay, thank you, Hugh.

Similar wording

That should be good.

Similar wording

All right, questions from our attorney.

Similar wording

Hillary. Yeah. Yeah. No, I just wanted to clarify because I know there was there is an addition that was taking down and then an addition being put back up. Is there any change to that addition being made as a result of going from three units to two units?

Similar wording

So I believe in Hugh, you could correct me if I'm wrong. I believe it's the exact same footprint that is shown on the revised drawings.

Similar wording

i believe so also okay all right so then we don't need to do um revised plans in that case we can

Similar wording

add the adjustment and units can be made via proviso if the board grants um without revised

Similar wording

plans okay so yeah we agree to that provides though for questions or comments from the virtual

Similar wording

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

Similar wording

thank you chairman and good afternoon david fecto with the city planning commission

Similar wording

afternoon david effecto with the city planning commission chairman and board

Similar wording

chairman and board members the comprehensive plan recommends no change to the rsa5 residential

Similar wording

single-family zoning at this location the city rezoned this neighborhood in 2019

Similar wording

in accord with recommendations in the comprehensive plan there is no unique physical condition or

Similar wording

circumstance of this property that would prevent it from being used in strict conformity with the

Similar wording

zoning code this is a primarily single-family block face the city planning commission recommends

Similar wording

the board denied the proposed use variance for two dwelling units um so hillary uh mr demarco

Similar wording

can we have this uh taxi thing straight by next uh wednesday i'm gonna tell you hugh do you

Similar wording

understand that here's the thing when they sent me that right i i got it in the mail and i couldn't

Similar wording

find it so the other day i called the guy and he just sent it back to me the same thing so and i

Similar wording

i just signed it and gave it to you but it is um current i know but make sure that the make sure

Similar wording

you get that done with revenue so the board understands that it's it's current well i can

Similar wording

call the guy you know take care of that so hillary hillary what here's what we'll do is we'll we'll

Similar wording

we'll see if we can get this done by next wednesday if we do we'll vote next wednesday

Similar wording

morning at 9 30 a.m okay we'll hustle we'll hustle all right thank you very much thank you

Similar wording

all right we have one more case am i correct um yes although we may have a standing issue with

Similar wording

that matter that was just brought to my attention um we need the attorney to come on what what's that

Similar wording

what one time um so so that is gall street mr chair number nine yes on both lists

Similar wording

it oh okay yep yep um that's uh mr toppen sir yeah all right so

Similar wording

hello in my 2025 003-864-3317-41 gall street chairman toppen is the attorney

Similar wording

good afternoon members of the board council could you please state your name is spelled

Similar wording

for the sonographer yes my name is sherman toppen last name spelled t-o-p-p-i-n all right do you

Similar wording

swear or affirm to tell the truth the whole truth and nothing but the truth i do i do all right do

Similar wording

we have an issue with the case yes so so mr toppen it was just brought to my attention you're

Similar wording

representing the tenant uh and not the owner um and the lease that we have on file um expired in

Similar wording

in December. Do you have current a current lease for the tenant?

Similar wording

The tenants lease is the owner is has rolled over.

Similar wording

But I don't believe I have in my packet an addendum showing that so it's continuing as a rolled over lease.

Similar wording

but we can get that addendum if if the board was inclined to allow us to do so between now and

Similar wording

and a future date yeah that's yeah we we just we need to see that um and just and to clarify what

Similar wording

part of the property is being leased because it looked like there was a couple of buildings that

Similar wording

were connected and one of them has two stories yes the my client is a tenant of the the actual

Similar wording

garage space I can it might be visually easier for me to show the picture but it's at the very

Similar wording

cover of our presentation package he he has that that first floor level as it goes back

Similar wording

into the other but the so there's actually like you as you said two sides of this his space covers

Similar wording

the actual automotive garage space and the space immediately behind that where our paint booth is

Similar wording

like is likely to be is proposed to be okay um so yeah unfortunately we we need we need like an

Similar wording

addendum um to proceed um we can we could give this the july date but um you can contact the

Similar wording

office yeah why don't you want to see if we can get us get you back in sooner because it's just

Similar wording

here's something for july bringing something up here uh hold on one second

Similar wording

june 17th at 2 p.m

Similar wording

and if you want it quicker you should call the office okay certainly we'll we'll do that we

Similar wording

understand that the issue with the the lease okay all right thank you we're sorry that happened oh

Similar wording

no that's fine thank you members is there anyone in the audience whose case has not been called

Similar wording

no hands at this time chair all right thanks everyone see everyone at two o'clock

Similar wording

All right. Thanks, everyone. See everyone at 2 o'clock.

Similar wording

Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this meeting

Similar wording

of the Philadelphia Zoning Board of Adjustments. With me is our Board Vice Chair, Tanetta Graham.

Similar wording

President, Mr. Chairman.

Similar wording

Our board secretary, Cheryl L. Gaston.

Similar wording

President, Mr. Chairman.

Similar wording

Board member, Michael Johns.

Similar wording

President, Mr. Chairman.

Similar wording

Board member, Taya Winsch.

Similar wording

She should be here any minute.

Similar wording

And our board member, Ryan McAdams.

Similar wording

President, Mr. Chairman.

Similar wording

Also here is our board attorney, Hillary Emerson,

Similar wording

our executive director of the zoning board, Ian Haggerty,

Similar wording

and our board administrator, Lakeisha Dandy.

Similar wording

Recording of this hearing will be posted on the ZBA website.

Similar wording

By participating, you consent to be recorded.

Similar wording

This is an in-person meeting with remote capabilities.

Similar wording

Whether remote or in-person, if you're called to speak, you must state and spell your name

Similar wording

and then wait to be sworn in.

Similar wording

Once you've been sworn in, please state your name each time before beginning your testimony.

Similar wording

Any person may enter their appearance.

Similar wording

You can identify the case property address on your Zoom webinar registration.

Similar wording

You can see a staff member, or you can call the ZBA appearance line by the close of business

Similar wording

tomorrow.

Similar wording

call 267-270-5548. Leave a message that includes your email address and the address of the property

Similar wording

of the appeal case. Following guidance is for our remote attendees. When directed, you must

Similar wording

raise your hand in order to be recognized to speak. If you're called to testify, you will be

Similar wording