And the 16th Ward, RCO voted an opportunity.
And the 16th Ward, RCO voted in opposition to the project.
Augusta O'Neill has been promoted.
Good afternoon.
Hi. Could you state your name, please, and spell for the court stenographer?
Sure. My name is Augusta O'Neill, A-U-G-U-S-T-A. Last name is spelled O-N-E-I-L-L.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to this property?
My client is N.M. Rahil Properties, LLC.
They are the owner of the property and the representative, Nital Loda, I believe, just raised her hand and spoke briefly.
Our vice chair has a few questions for you.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal or stipulate to his accuracy?
have you emailed in all the required documents that are needed and required to proceed with
this case probably in advance of this hearing i did and i also wanted to just let the board
know um i had sent in a copy of the tax clearance certificate this morning understood thank you
you've already shared your screen please proceed thank you so much uh good afternoon members of
the board i'm here this afternoon representing the owner of the property at 2236 north 16th street
This is an application for a change of use to permit multifamily living at this location.
Specifically, we're going to be changing this property to allow for three units.
This property is zoned RSA 5.
So as you can see from the refusal that's up on my screen, we received a refusal for
the multifamily household living at this location.
Just by way of brief background, the board understands the reason that we're here today.
My client purchased this property in January of 2021.
At that time, the property was being used as group living, a group living house with five different units.
My client purchased the property from a seller who told her that he had a license for the group living.
So you can imagine my client's surprise when she received notices of violation from L&I.
So this is a copy of the rental license that she had been provided, and being somewhat
new to the area, she didn't realize that this only permitted one unit, so essentially she
sold the building and was not told the truth about the permissible use by the prior seller.
So we filed an application to legalize that group living and met with the RCO in September of 2022.
And unfortunately, the RCO made clear at that time that they would not support group living at the location, but they would be amenable, they told us, to multifamily use.
So as you can see from the zoning map that I included in my exhibit package, we're right.
So our property is right here. We're right across from RM1.
So there are a number of multifamily buildings in the location, and on my client's block as well, there are a number of multifamily units, as you can see from the rental licenses that I provided with my exhibit package.
So the multifamily use that my client is proposing is therefore contextual with the multifamily uses that are around her property.
We filed a new application, like I said, to permit the multifamily use once the RCO made clear that they didn't want to see a group living at this location.
So we abandoned the group living and single room residence application that was filed in 2022.
In April of 23, we filed our application for the multifamily use, and we met with the RCO for the property, the Uptown Entertainment Development Corporation, in June of 2023.
At the time that we met with the RCO, they did express some concerns just related to the trash.
It's my understanding that the other multifamily uses that are in the location are generating quite a bit of trash.
It's been a concern for the community. So we responded to the RCO's concerns.
I had numerous conversations with the coordinating RCO, and we now have a letter of support, as you can see from page six of the exhibit package.
I do understand that there is someone from the community that's representing themselves as an RCO that is taking a position of opposition.
It's by understanding that it's not an RCO that's recognized by the city, certainly not one that's listed as an RCO on Atlas for this property,
and that RCO did not participate in any of the negotiations we've had.
And that RCO did not participate in any of the negotiations we had after our RCO meeting in 2023.
And again, I just want to emphasize the RCO that is selected as the coordinating RCO by the city.
They are in support. The vote is seven to zero in support of our application.
So with that being said, I would like to call forward Nitalota to adopt my testimony.
could you please state your name and spell for the court stenographer
no one with their hand raised
she was just on a couple of minutes back oh yeah here she is okay hi could you state your name
please and spell for the court stenographer. Yeah. Hi, my name is Nipta Loda. Could you spell it
please? Yeah, sure. It's N-I-T-T-A-L. And my last name is L-O-D-H-A. Do you swear or firm to tell
the truth, the whole truth and nothing but the truth? Yes, I do. Receive counsel. Thank you.
Ms. Loda, did you have a chance to hear my testimony this afternoon? Yes, I did. And did
everything that I say, was it all true and accurate? Yes. Okay. Would you like to adopt my
testimony as your own? Yes. Thank you so much. Mr. Chair, I have no other questions for my
witness. I'm happy to answer any questions that the board has, but... Questions from the board.
No, Mr. Chairman.
Questions or comments from the virtual audience?
there are no hands chair planning commission
good afternoon chair and members of the board my name is greg walton philadelphia city planning
commission staff in 2014 the zoning map was amended from residential multifamily to residential
single family attached in accord with recommendations from the comprehensive plan
while the proposed multifamily use is consistent with nearby properties on the block base planning
Commission request that the proposal be limited to two units as would be allowed under allowed
my right under the north central Philadelphia overlay if the property were zoned RM1. So
the city planning commission recommends that the zoning board grant the variance with the
condition that it be limited to a maximum of two units.
MI 2023 002 590 2236 North 16th Street. I vote yes proviso maximum
of two units thomas holliman my vote is yes with proviso
thank you number eight mi 2023 002 624 1924 east clearfield street brandon sabrin is the attorney
There's a recommendation of support from Somerset Neighbors for Better Living.
Letter of non-opposition with Council Member Squilla.
Brandon Saverin is promoted.
Council, could you please state your name and spell for the court stenographer?
Absolutely, Mr. Chairman.
My name is Brandon Saverin.
That's spelled B-R-A-N-D-O-N.
S as in Sam, A as in Victor, R, A, N as in Nancy.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client and a relationship to this property?
My client is the property owner, 1924 East Clearfield, LLC.
Our vice chair has a few questions.
Good afternoon, counsel.
So do you agree to waive the reading of the refusal and stipulate to as accurate?
Yes, I do, Mr. Vice Chairman.
Have you emailed all the documents five days in advance of this hearing?
Yes, I did.
Please proceed and share your screen.
Thank you very much.
I'm going to try to keep my presentation short because I would actually like the owner to give some substantive testimony, which should only take a few minutes in and of itself.
but here we go. Let's see here. Okay. So the property I'm here on today is 1924 East Clearfield
Street. The notice of refusal is in front of you. I've submitted exhibits to the board
in advance of this hearing. I believe that would be 13 exhibits in exact and would ask
them to be included in the record. So exhibit two is the notice of refusal. And this property
and this property is a church. I'll tell you a little bit about the history of the church in
is a church.
a moment, but it's a church that's been here for almost 90 years. The church building occupies the
vast majority of the site. You'll see there's very little open space on the site, and what we're
proposing to do is to convert it to residential use. We're not proposing any expansion to the
building, which is reflected in the omission of any mention of that in the notice of refusal.
This is purely a change of use application. We're actually applying for 20 dwelling units,
not 22. So we have no problem if the board enters a proviso limiting us to 20 dwelling units. I'll
speak about that number a little bit more in a moment as well. And we have one use refusal,
which is that this is a single family district. Currently, the church is rented out to the
congregation that sold it to the company, which is headed by my client, Tim. But they did not want
to care for the building anymore. So this is a planned move out. The only uses that are permitted
under the zoning code would be, practically speaking, continued religious use. And as my
client will testify to in a moment, there were no other buyers in the market as far as he's aware
that wanted to keep this building. The interest was in demoing it and turning it into a bunch of
subdivided lots for row homes. I believe that the case law out there recognizes that the preservation
of a building of civic importance is the basis of a valid hardship. And I've offered a memorandum
of law at Exhibit 1 to the board, which I won't go through orally today, but that memo
spells out why we have a hardship in greater detail and how our proposal satisfies the criteria
for a use variance under the Philadelphia Code. Just to keep moving on here, in Exhibit 5,
because it's a requirement, I did include the zoning map as it appears on Atlas,
But the shapes of the parcels on this block on Atlas are incorrect. So again, here's the zoning map. But here at exhibit six is like the aerial photo from Atlas. And, you know, that's how it looks. It's oriented on like a northeast-southwest axis, not the shape that the zoning map shows, just as an FYI.
So here again is the church. And in this slightly more zoomed in photo in Exhibit 6, this is the parcel line to the southeast of it. So like I said, the building occupies the vast, vast majority of the site. We're not changing the size of the building.
I'm just continuing through my exhibits here. Exhibit 7, the purpose of Exhibit 7 is to show
you our notice posters in orange that are posted on the two adjacent streets, but it's actually
a good opportunity to show you what the building currently looks like. So this is the front on
Clearfield Street. This, to keep going here, excuse me, this is the other side of the building,
pretty large building on Helen Street is the side street. And you can see it's basically three
stories if you count the partially above ground basement as a story. Here's a view of the building
that's like head on onto the corner of Helen and Clearfield Street. Exhibit eight, I'll skip
through. Those are just copies of tables in the zoning code. Exhibit nine is the notice that we
mailed to near neighbors for the RCO meeting that was held by Somerset Neighbors for Better Living,
which I attended with Tim. So here's the mailer. Here's our proof of mailing still in exhibit nine
per planning commission regulations. We sent this to a hundred nearby properties.
um here is a flyer about the project that tim handed out at the meeting it actually is nice
because it contains a rendering of what the building will look like when he rehabilitates
it inside and out it does need some exterior work um and these are this is on the bottom right
corner a computer rendering of a potential unit some of the units will have sort of like a like
a mini loft layout. Here's a photo of the interior of the church, which as Tim will tell you in a
moment, because of its disrepair, that the congregation currently operates out of the
basement. It's unable to use the chapel, which is a shame, and it doesn't have the means to
means to rehabilitate the chapel space.
rehabilitate the chapel space. This is the coordinating article.
This is the coordinating RCO's decision letter.
It voices support for the project, speaks to the fact that there were 17
persons in attendance at the meeting that I attended.
We also briefly have a letter from Councilman Squillow that,
you know, copies the fact that we have support from the participating
and coordinating RCO and that his office is in non-opposition to our application.
I'll just real, real briefly, you know, speak about the hardship again.
You know, we have to make a proposal that has enough projected revenue to attract financing
to repair this structure and then maintain it on an ongoing basis to save it from demolition,
as has tragically occurred to so many churches like this across the city.
20 units is what Tim and his architectural team felt like is the minimum number of units
that can attract that financing.
and I will, we do have floor plans in here, although I think I'll skip going through them
at the moment, but the units are a nice size. The last thing I'll say is that, you know,
this building per the OPA, the Office of Property Assessments Records has been here since 1935. So
it's almost 90 years old. And there is data on Atlas that indicates that there was another church
building, probably belonging to the same congregation before that building. So there
have been church uses here since at least 1910. The property in this location is something that
the neighborhood is used to. And, you know, the people that were in support of this at the RCO
meeting, they wanted to see it stay there rather than, you know, have it be leveled and turned
into a bunch of new row homes. So with that, I'll, you know, ask Tim to adopt my testimony
and ask if he has any additional comments. And his name is Tim Rosenblum. And maybe while he's
doing that, I'm going to bring up the site plan we prepared. Hi, sir. Could you state your name,
police and spell for a court stenographer sorry hi uh yes my name is tim rosenblum r-o-s-e-n-b-l-u-m
right you swear or affirm to tell the truth the whole truth nothing but the truth
yes i do proceed counsel him um first of all are you authorized to speak on behalf of 1924
Fort East Clearfield LLC? Yes. Are you the principal of that company? Yes, I am.
Were you able to hear my testimony in your zoning case today? Yes, I did. Was it true and accurate
to the best of your knowledge, information, and belief? Yes. And would you therefore adopt it as
if it were your own testimony? Yes. Okay. I'm just going to, just since I have it up and you can use
it as an aid or not, but what I have on the screen right now, which is exhibit 10, is this a copy of
of the zoning plan, which you did not have to submit for purposes of this zoning phase,
but that you prepared with an eye towards the future construction work?
Yes, correct.
Okay. I know you wanted to make a few comments about, you know, sort of your background and
your ability to tackle a project like this. Feel free to do so.
Okay. Hi. Thank you guys for hearing me. My name is Tim Rosenblum. I bought
uh this church the the pastor uh put the church up for sale the top floor um the photo that you
guys saw was actually a kind of the better angle the the other side is in pretty bad disrepair
and so he moved his congregation downstairs um and then put it up for sale i have a pretty extensive
uh background or relatively extensive background with um kind of historic uh existing buildings
and adaptive reuse and i've gotten a bunch of buildings listed on the national register
um i like doing it i if i'm here because my goal is not to tear the building down i
enjoy that um this building is is not like a historic listed building um but i do have a lot
of experience doing those types of renovations and so i wanted to do that here um i met with
the pastor, almost a couple of years of us, there was some really pretty crazy title issues
really pretty crazy title issues on this project that I worked through with him over a handshake
on this project that I worked through with him over a hand.
over it took almost two years and then I I rented it when I I asked him where he was going with his
congregation and he said he wasn't sure yet and so I rented it back to him uh for a dollar a month
until I figure out what I'm doing with this building and that's sort of the history of how
I got here today. And Tim, can you just confirm that in the process of purchasing the building
from the congregation, is it correct that you weren't aware of any parties that had plans for