civus
Hearing video

ZBA Hearing - April 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20219h 42m

and looking at inability to use it as the commercial space.

Similar wording

We totally understand the councilman's position

Similar wording

and the RCO's positions.

Similar wording

They're essentially saying that they feel that this building

Similar wording

at its location, I'm sorry, I'm going to use the pictures better to show.

Similar wording

They're saying that this building at this location,

Similar wording

because there are stores located up and down Haverford Avenue,

Similar wording

that a commercial use here would not be really consistent.

Similar wording

that a commercial use here would not be really consistent with what they would like to see.

Similar wording

And they just don't want to see more grocery store or grocery candy type store. They don't

Similar wording

feel that it is a benefit to the neighborhood. And they also know that my client owns another

Similar wording

store already nearby. And therefore, they feel that if he already has a store, why would he need

Similar wording

a second store? So it's a competition issue as far as they're concerned. So do you feel that

Similar wording

it would be beneficial at all to go back to the community. My client is here with us. I think he

Similar wording

indicated he does feel there are neighbors who already frequent his store that does support him.

Similar wording

We decided to move forward partly because I was unable to get updated information regarding

Similar wording

support from my client at the time that the exhibits were due. So we decided to go ahead

Similar wording

and submit. I don't know if things have changed. I think he is here with us. Maybe he can shed

Similar wording

light on whether a continuous would benefit him. Okay, because we also don't have a letter

Similar wording

from the 44th Democratic Ward Achievability Parkside Association West Philly together.

Similar wording

So on my own, I think I'm going to continue this case.

Similar wording

Understood. Okay, thank you.

Similar wording

Madam Chair. Yes, Tanya. Would you like to do a resumption?

Similar wording

Um, okay. That seems to be the best thing. Since it was basically presented and we just

Similar wording

need feedback from them, we can do June the 14th. Okay. That sounds good. I'm sorry. I'm at the

Similar wording

wrong calendar. Is that June 2nd? June 9th, I'm sorry. June 9th at 3.30. Okay, great. Thank you,

Similar wording

Mr. Chin. Have a nice night. Thank you. I just want to point out that the RCO may not be willing

Similar wording

to meet with us again, but I will update at the resumption hearing. Okay, great. Thank you. As a

Similar wording

final technical issue, I don't believe 1127 Lee Street should be my case if the board could

Similar wording

kindly look into that as well. So if you could contact me regarding that, it would be great.

Similar wording

And Mr. Zinjin, if I could request, although this is a resumption hearing and typically no

Similar wording

posting is required, I would request that we repost because of the nature of this here case.

Similar wording

Understood. Thank you kindly. Thank you. Thank you. Next case, calendar number 0116-2055

Similar wording

North 2nd Street. The attorney is John Griffin.

Similar wording

If I share, I'm not showing Mr. Griffin, unless he's done a different device.

Similar wording

Okay, I'll go to the next case. Calendar number 3225-2241 North 15th Street. The attorney is Alan

Similar wording

Nockamson. Mr. Nockamson has been promoted to panel. Good evening. Can you put your name and

Similar wording

address on the record and spell your last name, please? Yes, good evening, Madam Vice Chair,

Similar wording

members of the board. My name is Alan Nockamson, A-L-A-N. Last name is Nockamson, N-O-C-H-U-M-S-O-N.

Similar wording

Address is 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

Similar wording

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

Similar wording

I do.

Similar wording

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

Similar wording

I do.

Similar wording

Have you emailed the exhibit packet with proof of ownership, tax compliance, photos,

Similar wording

plans, refusal or referral five days in advance of this hearing? And have you met with the RCO?

Similar wording

And do you have a letter? Yes, in all respects. Thank you. You may proceed.

Similar wording

May I share my screen? Sure you may.

Similar wording

So I'm here to present, sorry, 2241 North 15th Street.

Similar wording

You'll see my traditional packet of materials.

Similar wording

We'll start.

Similar wording

Well, you'll see the deed.

Similar wording

The property is owned by Harry Hawkins.

Similar wording

He actually purchased the property, you'll see, from the estate of his aunt.

Similar wording

This property has been in the family since 1980.

Similar wording

His family, Mr. Hawkins' family, has lived in this part of North Philly or in North Philly since the 1950s.

Similar wording

So I'm going to go here, show you the deed that's owned by Mr. Hawkins.

Similar wording

So I'm going to go here.

Similar wording

I'll show you the deed that's owned by Mr. Hawkins.

Similar wording

You'll see after that the Certificate of Tax Clearance showing that Mr. Hawkins is in good standing with the City of Philadelphia with respect to the real estate taxes.

Similar wording

He just paid his tax bill. It was due last month.

Similar wording

After that, you'll see the Notice of Refusal.

Similar wording

So this is a RSA 5 property that's over 1,500 square feet, the lot size. The building structure is over 2,500 square feet. And again, this is an RSA 5 property. This property has been used as a multifamily structure since 1951.

Similar wording

Here, you'll see that what we're trying to do is really just restore the use of his previous use.

Similar wording

So the only refusal we have is for the use of the property.

Similar wording

We're looking to put three units in here.

Similar wording

We are looking to put an addition on the third story, but there are no dimensional variances.

Similar wording

Just a little background.

Similar wording

Mr. Hawkins, when he was much younger and his aunt owned the property, he actually lived on the third unit on the third floor.

Similar wording

so he's well versed in the fact of how small that third unit was and that's why he's looking to

Similar wording

expand it out. You'll see the proof that this has been a multi-family structure since 1951.

Similar wording

It was four units in 1951 and then when Mr. Hawkins' aunt took ownership of the property

Similar wording

she downgraded it to three units. So basically we're just trying to restore the use. We're not

Similar wording

TRYING TO CREATE A NEW USE, WE'RE TRYING TO RESTORE THE USE FROM THE TIME THAT HIS ANT OWNED THE

Similar wording

PROPERTY IN 1980. IN ADDITION TO THAT, I AM PROVIDING YOU WITH DIFFERENT ZONING PERMITS

Similar wording

SHOWING THAT THERE IS MULTIFAMILY USE ON THIS PROPERTY, 2216 NORTH 15 STREET, 2243, LET ME JUST

Similar wording

Street, which is right next door to us. And then also 2247 North 15th Street, which is

Similar wording

Oto Lamonte family. Okay. And you've met with the RCO? We did. And the reason why I'm just giving

Similar wording

a little bit longer presentation is that we did, it wasn't well attended. How about this? I'm going

Similar wording

to save time because I know everyone's tired. So this is what the RCO said, right? I'm going to

Similar wording

Look, we're going to read it verbatim.

Similar wording

So there were five people that attended, which I don't know if there were because I was at the meeting, but they said four were in opposition and one were in non-opposition, right?

Similar wording

Okay, and that's the Uptown Entertainment and Development Corporation.

Similar wording

That's right.

Similar wording

And they stated that the reason why they said the RCO and the developers met for an hour or so, and then the RCO committee deliberated for a bit over an hour, voting against this project in favor of the decision of the ZBA, which the ZBA hasn't decided, citing parking and trash concerns.

Similar wording

So just to address those, and you'll see this from the drawings.

Similar wording

there is no basement use in this property other than for trash storage

Similar wording

and for tenant storage and we would agree to a proviso in that respect we're not changing the

Similar wording

physical structure of this building there's a unit there's a two bedroom one bath on the first

Similar wording

floor two bedroom one bath on the second floor and then we're expanding out on the third floor

Similar wording

two-bedge and one-bath. But it's an unfinished basement. It's not connected to the first-floor

Similar wording

unit. All units would have access to that. And as we indicated during our presentation to the

Similar wording

community, that would be where the garbage would be stored. Also, there would be tenant storage.

Similar wording

But again, just to reiterate, we would agree to provide no living in the basement,

Similar wording

just so you understand that. So again, and just a little more matter of background,

Similar wording

the first floor unit it's like this is a family owned property this family has lived in this part

Similar wording

of north philly since 1950s his mom is actually moving into this unit the first floor unit so

Similar wording

this she's a 76 year old woman she's look she's retired he's he's putting her in the first floor

Similar wording

unit and then he has to rent out to the next you know the second and third units in order to like

Similar wording

you know make make make this sense have this make sense in the sense of how much money they're

Similar wording

putting into the property uh the continuing the letter from uptown they stated that there were

Similar wording

issues about parking again we're a block and a half away from north broad street where the

Similar wording

susquehanna dolphin street uh station is okay that's where people you know usually go in and

Similar wording

out from the city and there's a bus line as well so again this family is very well versed with what

Similar wording

This family is very well versed with what the situation is with regards to this property and the neighborhood in general.

Similar wording

this situation is with regards to this property and the neighborhood in general.

Similar wording

And we indicated that that's where people would take the bus or the train.

Similar wording

Now, they said this as the last sentence.

Similar wording

The greatest concern the RCO members had was establishing another precedent-setting shift that has the potential to displace local Philadelphia residents.

Similar wording

We're not doing precedent-setting.

Similar wording

This was a four-unit from 1951 to 1980.

Similar wording

After that, when my client's aunt purchased the property, it was converted into a three unit. All we're trying to do is restore the property to what it was ultimately prior to her death and ownership.

Similar wording

Now, so you understand, we did reach out to the community because, again, many members, this is an older section of the community.

Similar wording

Many members are not technologically savvy.

Similar wording

This was during a Zoom.

Similar wording

The community meeting was during a Zoom meeting.

Similar wording

So my client actually walked the neighborhood, and he got 44 signatures in support of this project, all with all either on the block that is, you know,

Similar wording

you know the 2200 block of north 15th street where he got 17 signatures or he got it on

Similar wording

sitaham which is the next block over but he got and he wants to put an additional floor on this

Similar wording

no there it's already a three-story what he's doing three-story yeah he's just expanding out

Similar wording

the third floor but there's no dimensional variances so there's there's no issues in

Similar wording

light and air that that's not even discussed in that and i think that's part of what the

Similar wording

community didn't understand. They're like, well, you're adding a third story. We're like, no,

Similar wording

there's already a third story there. And we're not creating any dimensional variances. So again,

Similar wording

we have 44 signatures in support within a one block radius. And I can read like it's in your,

Similar wording

you know, on the screen in your packet of materials. But 17 of those signatures

Similar wording

are of resonance on our block. So we really kept it tight. I told my client to keep it tight. We're

Similar wording

not randomly giving addresses out there i can read all the addresses they're all next you don't

Similar wording

have to we got it yeah yeah and then so does the board i have to interrupt you does the board have

Similar wording

any questions no is there a board where's where's my board no that was you tom right

Similar wording

did confess to say anything okay jim i said no earlier okay no carol yeah so this is very

Similar wording

impactful um for my client because again his mother this is a place for her to stay you know

Similar wording

and again it'd be devastating if they didn't get this variance i would just have mr hawkins you

Similar wording

know virtually raise his hand adopt my testimony okay have him do that now please yes

Similar wording

Mr. Ali please unmute yourself and wait for the chair

Similar wording

I'm sorry we were supposed to be getting Mr. Hawkins right Mr. Hawkins oh I'm sorry I

Similar wording

misheard I'm so sorry Mr. Hawkins you've been unmuted please uh wait for the chair

Similar wording

Mr. Hawkins can you state your name and address for the record

Similar wording

harry hawkins hi and do you swear for him to tell the whole truth and nothing but the truth

Similar wording

i do okay you may proceed mr hawkins you heard everything i stated today

Similar wording

is it true and correct it was true and correct and do you adopt this in your own testimony

Similar wording

yes i do now just again as an officer of the corps i'm going to keep this really

Similar wording

quick he does have his mom on the phone i think she's not technologically savvy but she's on the

Similar wording

phone and I would give a proffer that she would testify that she is going to be living in the

Similar wording

first floor unit and that her family has like lived in this neighborhood for almost 70 years.

Similar wording

Okay I'd like to hear from the Planning Commission.

Similar wording

Good evening Madam Chairperson and the Board. This is Mason Austin representing

Similar wording

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

Similar wording

I do. Thank you. Hold on a moment, I apologize. So the property is indicated for residential

Similar wording

multi-family in the city's comprehensive plan, but was remapped to single-family zoning in 2014.

Similar wording

Given the history of the property and the recommendation of the comprehensive plan,

Similar wording

the Planning Commission has no opposition to the granting of the variance.

Similar wording

Okay, calendar number 3225.

Similar wording

I'm sorry, Madam Chair.

Similar wording

Please, I'm so sorry for the interruption,

Similar wording

Please. I'm so sorry for the interruption, but we didn't get the community input. Would you like to?

Similar wording

but we didn't get the community input,

Similar wording

which you need.

Similar wording

I would love to. I always would love to.

Similar wording

Thank you kindly.

Similar wording

Is there anyone here who would like to speak about this property?

Similar wording

Please raise your virtual hand.

Similar wording

If we can get Tina Marie Russell on the record.

Similar wording

Oh, great.

Similar wording

Ms. Russell, please unmute yourself and wait for the chair.

Similar wording

we got one time Tanya

Similar wording

good evening hi how are you oh I've been on here like everyone else since this morning right

Similar wording

I know I know name and address and then I'll swear you in Tina Marie Russell 35 excuse me 13

Similar wording

16, I forgot my ass been lost. I forgot where I'm at. We are at RCO at 1631 West Susquehanna Avenue.

Similar wording

Okay, do you swear in front of me to tell the whole truth and nothing but the truth?

Similar wording

I do.

Similar wording

Okay, you may proceed.

Similar wording

Okay, so this is a historically, I mean, if you look up and down this block, you'll see nothing but

Similar wording

mostly single-family houses. There is the one at the 2216, which has four different units in it.

Similar wording

I haven't validated whether or not it's legal or not legal, since it has four units. But basically,

Similar wording

what you're seeing on this block is single-family homes. This is one of our last Mohicans, so to

Similar wording

say of a traditional what Philadelphia used to be with single family houses. Our RCO is also a CDC

Similar wording

and it's our focus and our motivation and our mission as well as Uptown Theater which is the

Similar wording

coordinating RCO to keep this neighborhood as single family as possible because it fits in with

Similar wording

our 25-30 year plan and it also fits in with our mission statement as a CDC. I really don't see a

Similar wording

hardship to have so many units here for your mom to stay. I appreciate the fact that she wants to

Similar wording

move in. Her neighbor would be also not too far down. She's one of our older residents in a single

Similar wording

family block. She's 103 years old. And we appreciate that most of the people here are in

Similar wording

there in that age range. And we want to keep them in a place where they are comfortable. So I

Similar wording

understand that she wants to move back. But my concern is that if you look at the condition of

Similar wording

the house, it's one of the only houses on the block that has been left with no attention to

Similar wording

it over the years. And it's been a source of blight within the community. So our question has

Similar wording

always been, where have you been all these years? And with that being said, we wondered then whether

Similar wording

or not your the tent might not be what it is but we do want to support our neighbors coming back to

Similar wording

the community so you know we don't want to be in agreement with this project but we would like to

Similar wording

put some provisals in um just you know because i don't want to have a senior not come back to their

Similar wording

home but that wouldn't be nice and the fact that her son wants to um actually make a space and that

Similar wording

he wants to live in a space with us in that so you know I can understand that. I would like to

Similar wording

try to put less density to it because once the properties change to apartments it's stuck that

Similar wording

way and the next thing you know we have students and not and it's going to be more traumatic for

Similar wording

people within who's been living there of age. Great what are your proviso what are the provisos

Similar wording

you're looking for and actually i was actually coming on this call just to say no

Similar wording

so um we want i don't know uh and i don't know well now so so back to you and bring that back

Similar wording

to you alan well so tina murray like so we've we've had to delay this multiple occasions so i

Similar wording

would like i stated at the beginning you know we will agree to no living in the basement so that's

Similar wording