civus
Hearing video

ZBA Hearing - December 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20214h 4m

uh mr ransom this is the zba administrator your video is not working

Similar wording

uh i am i click hitting start video and for some reason here you go okay see myself and

Similar wording

Here you go. Okay. I can see myself and I hope you can see me as well. Thank you. Okay. So as I was stating, we wanted to submit the letter of support from the Point Breeze Development Coalition along with our other materials that were submitted on last Wednesday.

Similar wording

i hope you can see me as well thank you okay

Similar wording

However, due to the holidays and everything else going on, we did not receive the letter of support from the Point Parade Development Coalition indicating their support for our project, both the community's support and the coalition's support.

Similar wording

excuse me this is sarin saletta board members i checked and we did receive the letter after the

Similar wording

summaries were completed uh the rco is in support with a proviso they're requesting that uh there

Similar wording

be a staff member who will stand inside the front of the business and intake animals in an attempt

Similar wording

to calm parking issues that is correct thank you

Similar wording

go on sir mr chairman uh again thank you uh for your time uh this afternoon uh again rob branson

Similar wording

on behalf with the law firm of stradley and ronan uh on behalf of uh the subtenant of the property

Similar wording

located at 2100 washington avenue the subtenant being washington avenue animal retreat a copy of

Similar wording

the sub-lease agreement was submitted along with the materials submitted for this application.

Similar wording

We're here with regard to an application for a special exception to allow for the applicant's

Similar wording

proposed doggy daycare and boarding operations at the property located at 2100 Washington Avenue.

Similar wording

That proposed use by the code is interpreted as animal services and boarding and other services.

Similar wording

The animal boarding and other services is a use permitted by way of special exception pursuant to the zoning code, which is why we're here today.

Similar wording

specifically the property located at 2100 washington avenue is within the i2 medium industrial

Similar wording

industrial zoning district in the west washington avenue overlay zoning district the pro property is

Similar wording

approximately 0.37 acres in size upon which a 16 16 250 square foot warehouse exists

Similar wording

we're proposing uh an interior fit out of uh approximately eight thousand eight thousand

Similar wording

square feet uh an eight thousand square foot portion sorry of that existing warehouse structure

Similar wording

to accommodate the proposed um animal services and boarding and other services use and um

Similar wording

we're not there are no uh external site improvements proposed as part of this application

Similar wording

Merely it is a change in use. As indicated, we did present before this application to the Point Breeze Development Coalition to really fill the questions, obtain community support, and that brings us here today.

Similar wording

A public notice of the December 6 meeting was mailed to the property owners within the nearby property owners.

Similar wording

And again, that December 6 RCO meeting took place in addition to that public notice of this meeting, along with the notice of referral, was posted and affixed to the building to provide notice.

Similar wording

further notice and a picture evidencing that notice being fixed to the building

Similar wording

was provided as part of our materials. We did provide to the board several photos of the

Similar wording

property. Again, there are not any, we don't propose any external site improvements,

Similar wording

but for some, obviously, cleaning up the facade of the building and adding some lighting fixtures to illuminate along Washington Avenue and 21st Street.

Similar wording

Today, I have with me on behalf of the applicant, let me bring this up, Dr. Peter Lance.

Similar wording

Dr. Peter Lanz, he's actually the chief medical officer of the Washington Avenue Animal Hospital, which is located in the Point Breeze neighborhood at 1900 Washington Avenue.

Similar wording

And he's actually.

Similar wording

And Jennifer West, the medical director of Washington Animal Hospital, was here today on behalf of the applicant, the Washington Avenue Animal Retreat.

Similar wording

And at this juncture, barring any, I really, given the fact that there are no external

Similar wording

site improvements, really to address the use and mitigate any off-site impacts, the applicant

Similar wording

is proposing sound attenuation features to mitigate any noise from the site. There will

Similar wording

not be any dogs being walked outside of the property. All operations in connection with

Similar wording

the proposed use will take place internally. The applicant provided testimony to the RCO

Similar wording

regarding waste, how waste will be handled and indicated that they will hire a private

Similar wording

hauler who will, same thing that they've done at the Washington Animal Hospital, who routinely

Similar wording

retrieve of waste each day. And at this juncture, we are able to answer any questions that the

Similar wording

board may have regarding the proposed use in a special exception, as we do not see that the

Similar wording

proposed use will, you know, impers any burden with the nearby property owners and others within

Similar wording

the community. You have a client you want to adopt the testimony, your testimony? Yes, that would be

Similar wording

dr peter lands chief medical officer uh peter p-e-t-e-r lands l-a-n-d-s if we could

Similar wording

have uh mr lands activated yep all right

Similar wording

mr lands you can unmute yourself wait for the chair

Similar wording

state your name and spell for the court reporter sir sure peter lands p-e-t-e-r lands l-a-n-d-s

Similar wording

do you swear for him to tell the truth the whole truth nothing but the truth

Similar wording

yes sir good counsel

Similar wording

that's peter uh would you uh uh characterize my testimony regarding the proposed use uh to be

Similar wording

accurate and yes and uh would you adopt uh the same as your own yes thank you questions from

Similar wording

the board? No, Mr. Chairman. Okay. Questions from the virtual audience?

Similar wording

No, Mr. Chairman. Planning Commission, please.

Similar wording

You're muted, Planning Commission. Sorry about that. Good afternoon. This

Similar wording

is greg waldman from planning commission staff the comprehensive plan plan recommends changing the

Similar wording

zoning at this location from medium industrial to industrial residential mixed use there will

Similar wording

likely be no impact to the block from what would norm what one would normally expect from a proposed

Similar wording

animal boarding use accordingly we recommend that the board grant the request of special exception

Similar wording

MI 2021 003848 2100 Washington Avenue I vote yes Thomas Solomon my vote is yes

Similar wording

Ishmael Shaheed my vote is yes thank you Mr. Branson thank you Mr. Chairman and board have a

Similar wording

great holiday. Thank you. MI 2021-003881, 2224 North Howard Street, no RCO record at this point,

Similar wording

Alan Nockelson. He's coming in now as a panelist. Thank you.

Similar wording

Good afternoon, Mr. Chair, members of the board. Alan Nockamson of Nockamson, PC.

Similar wording

Could you spell your name for the court reporter, please?

Similar wording

Yes, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

Similar wording

Thank you. Mr. Holloman has a few questions for you.

Similar wording

DO YOU AGREE TO THE READING OF THE REFUSAL AND STIMULATE TO ITS ACCURACY?

Similar wording

DO YOU AGREE TO THE READING OF THE REFUSAL AND STIMULATE TO ITS ACCURACY?

Similar wording

YES, I DO.

Similar wording

WE HAVE RECEIVED THE REQUIRED DOCUMENTS EXCEPT FOR AN RCO LETTER.

Similar wording

WAS THERE AN RCO MEETING AND DO YOU HAVE A LETTER?

Similar wording

YES.

Similar wording

I ACTUALLY, OUR OFFICE JUST EMAILED, PROBABLY WITHIN THE LAST HALF AN HOUR, UPDATED MATERIALS

Similar wording

WHICH INCLUDED THE RCO LETTER AS WELL AS AN ADDITIONAL EXHIBIT REGARDING A DEMOLITION

Similar wording

PERMIT.

Similar wording

I emailed that to Ms. Sunkit, as well as Ms. Saleta. I believe that they both should have received it by now.

Similar wording

Did they?

Similar wording

Yes, I can confirm this is the ZBA administrator. I did receive it, Ms. Nanakamson.

Similar wording

Yeah, so we didn't get the letter until yesterday ourselves.

Similar wording

It is a letter. It's stated it's in opposition, but I would like to go over the letter because I don't believe it's in opposition.

Similar wording

BUT WE CAN GO THROUGH THE LETTER.

Similar wording

THANK YOU.

Similar wording

I GUESS THE BOARD IS HAVING TROUBLE

Similar wording

WITH SHARING SCREEN OPTION TODAY?

Similar wording

YES.

Similar wording

OKAY.

Similar wording

SO IF YOU HAVE THE LETTER IN FRONT OF YOU,

Similar wording

WE'LL GO THROUGH THAT LETTER IN GREAT DETAIL.

Similar wording

BUT LET ME JUST...

Similar wording

ONE SECOND.

Similar wording

All right. So what will be in front of you is first our notice of refusal. So this is an RM1

Similar wording

property. What we're proposing to do is have a two-unit structure here. We're not being refused

Similar wording

for the actual square footage of the lot. We're allowed to have a two-story structure here.

Similar wording

What we're being refused for is some de minimis dimensional variance requests.

Similar wording

The first of which is the rear yard depth. Nine feet is required. Seven feet is proposed. We'll go through the drawings and the pictures of the nearby properties.

Similar wording

But you'll see if you go even on Atlas, 2218, 2228, 2230, 2232, 2250, 2252, and 2254, at least according to Atlas, would run afoul of many of these refusals.

Similar wording

So, it's not uncommon for a property on this block to need variance request relief.

Similar wording

The second refusal that you'll see in front of you in your materials for your notice of refusal is the minimum rear yard area.

Similar wording

Kind of goes hand in hand with the minimum rear yard depth.

Similar wording

Required is 144 feet.

Similar wording

Proposed is 105 feet.

Similar wording

Again, just to put this in perspective, this is a 15-foot wide lot.

Similar wording

So when you're 39 feet short of the rear yard area, essentially you're 2.5 feet too shallow in terms of rear yard depth.

Similar wording

I will point out that we have an alley of 3 feet, which I know we can't count towards the rear yard depth or any of these dimensional variances.

Similar wording

but it does give some type of breather to any of the nearby neighbors.

Similar wording

The third refusal that you should see in your notice.

Similar wording

Excuse me, Mr. Malchamson, if I can interrupt for just one minute,

Similar wording

I wanted to let the board know if they have access to their email.

Similar wording

I had just emailed them the updated exhibit packet.

Similar wording

Thank you.

Similar wording

So the third refusal that we have is the maximum occupied area.

Similar wording

75% is allowed for this RM1 property. That means 585 square feet. 86.54% is proposed as 675 square feet. Again, we're 90 square feet short. This is a 15 square foot wide lot, meaning that ultimately we're short six feet in terms of depth from what would be allowed as of right.

Similar wording

and we'll go through the floor plans you know we would not be able to have a functional floor plan

Similar wording

if our building structure had to be six feet more shallow than what we're proposing ultimately we

Similar wording

would not have a functional floor plan there would be to be honest one one one unit we even have

Similar wording

bedrooms uh of the two of the two so which would destroy the fact that this is an orm1 property

Similar wording

The next thing that you should see in your revised presentation materials is the correspondence from Norah Square Community Alliance.

Similar wording

So they indicate that this is a letter of opposition, that the community is against it.

Similar wording

But if you, and I'm assuming you have that letter now in front of you, if you look at the vote count, and we're just going to go first, all meeting attendees, three meeting attendees supported the variance request.

Similar wording

meeting attendees supported the variance request, one opposed it, and two supported it with

Similar wording

one opponent.

Similar wording

conditions. So essentially five out of the six community members that attended the meeting were

Similar wording

in support of this project. The issue is that the executive boards who are not nearby neighbors

Similar wording

opposed the project. Five members opposed it on the executive board, one supported it with

Similar wording

conditions. So again, five community members in close proximity to this project supported this

Similar wording

project. One opposed it. On the flip side, the executive board, which is not nearby neighbors,

Similar wording

one supported it, five opposed it. And if you look at the letter, nothing had to do with zoning

Similar wording

related. So unfortunately, when my client purchased this property, it had a building structure on it.

Similar wording

It was in very, very bad condition. My client had to demolish the existing building structure. He did everything I said right. So when we got this letter, one of the reasons why we revised our presentation materials, I wanted to show you the demolition permit that we had.

Similar wording

I wanted to show you the inspection reports that followed up with L&I showing that we did everything the right way.

Similar wording

We got a fully licensed, insured, and, to be honest, experienced contractor.

Similar wording

Manguela Demolition is actually one of the contractors that the City of Philadelphia uses for their demolition projects.

Similar wording

We then had L&I actually inspect the property.

Similar wording

Their concern was that we hurriedly and irresponsibly demoed the property, but nothing can be further from the truth.

Similar wording

We did it because we had to. We did it under the law through a demolition permit.

Similar wording

We hired someone that the city itself uses for their demo projects, and that demolition work was blessed by L&I.

Similar wording

Now, the next door neighbor has some concerns about the future underpinning of the property. Maybe there were some issues caused by the demolition work. My client, he's here, my client's representative, Ghazi Ada Seven, he will testify that he's tried to work with this nearby neighbor.

Similar wording

Like the last thing we want to do is cause any harm to any existing properties.

Similar wording

But that's not zoning related.

Similar wording

That's, you know, construction related.

Similar wording

We indicated that assuming we get a zoning permit, we have to apply for a building permit, which require additional inspections, both, you know, structural, geotech.

Similar wording

We would have to hire, you know, licensed and insured contractors.

Similar wording

But if you look at their letter in opposition, it has nothing to do zoning related.

Similar wording

It has to do with the fact they don't want this property developed because they're concerned the effect it would have on the next door neighbor.

Similar wording

And when I say they are opposed, it's the RCO's executive board.

Similar wording

The community voted overwhelmingly in favor of this project.

Similar wording

So, again, this is an RM1 property.

Similar wording

You'll see from my presentation materials, the zoning maps, or the maps, which, again, shows that this is an RM1 property.

Similar wording

We're not trying to increase the density of this lot. There's enough square footage in terms of lot size for the actual use itself. There are unfortunately dimensional variances, and it's not uncommon. Again, if you look on Atlas, 2218, 2228, 2230, 2232, 2250, 2252, and 2254 North Howard Street, all run afoul of the coverage requirements of the Philadelphia Zoning Code.

Similar wording

So if you look at photographs of the property, it is now a vacant lot.

Similar wording

As you can see, that's a current picture or picture taken, I guess, just before the community meeting.

Similar wording

Again, we keep the lot clean.

Similar wording

We try to be responsible property owners.

Similar wording

My client has been in full communication with the neighbor next door.

Similar wording

You have pictures to the right of the property on North Howard in your presentation materials, properties to the left of North Howard.

Similar wording

in your presentation materials, there's a nearby duplex. Again, this is not a variance for

Similar wording

your request, but I just put it out there, 2220 North Howard is a nearby duplex.

Similar wording

Then in the updated materials, I thought it was really important based on the letter we received

Similar wording

yesterday to highlight the fact that my client demoed this property legally. You'll have a copy

Similar wording

that we took a screenshot from Atlas showing that there was a demolition permit, that it was a

Similar wording

contractor was Manguel Demolition Inc. And again, to reiterate one more time, this is a demolition

Similar wording

company that the city of Philadelphia uses for their demo projects. After that, I gave the board

Similar wording

and the inspection report showing that we passed the inspection for the final demolition. If there

Similar wording

If there was any issues with our demolition work, we would not have passed that inspection.

Similar wording

was any issues with our demolition work, we would have not.

Similar wording

Again, we want to be responsible property owners.

Similar wording

We're hoping the board grants our variance.

Similar wording

We'll go to the next step with the building permit stage.

Similar wording

We want to make sure that we hire people that are insured, responsible, and experienced.

Similar wording

And even during the community meeting, my client even stated that he's perfectly willing to put the next door neighbor as an additional insured on any general contractor's policy during construction.

Similar wording

Our plans and drawings, again, you'll see where we are.

Similar wording

We have a three and a half foot alley in the rear that kind of diffuses or at least helps out the issues in terms of the rear yard.

Similar wording

But if you look at the left, there's two pictures. The existing conditions front, that was the property before it was demoed. And then more importantly, if you look at the zoning location map down on the site plan, you'll see our property highlighted.

Similar wording

But then you'll see pictures of other properties on that block, just a little snippet of it, showing that most of these properties in this picture are almost complete coverage of the building structure on the lot.

Similar wording

So what we're asking for is not out of character to what the other properties on that block are.

Similar wording

And again, I gave you examples of seven others or seven properties on that block in totality on that side of the block that would also run afoul of many of these dimensional requirements of the zoning code.

Similar wording

After you saw that, you know, the site plan, you'll see the elevations.

Similar wording

Again, this is, we try to keep a traditional brick facade with a modern twist, but we really try to keep it where, you know, there's a cornice with a nice cornice, you know, line and, you know, architectural interest.

Similar wording

and then after that you'll see the floor plans again most importantly unit one is a one bedroom

Similar wording

two bath unit two is a three bedroom three bath but with unit one basically if we had to comply

Similar wording

with the maximum occupied area and essentially take six feet away from the depth of the building

Similar wording

structure that would completely eat away at our bedroom on the first floor which is our only

Similar wording

bedroom so ultimately we wouldn't have a bedroom in unit number one which again there's our

Similar wording

hardship again for unit number two both of our bedrooms are in the rear of the property that

Similar wording

would destroy that so that three bedroom three bath would only have one bedroom in itself so

Similar wording

again it would be impossible for all intents and purposes to have a duplex if we had to fulfill

Similar wording

the requirements strictly of the zoning code. After that, and I don't want to belabor the

Similar wording

point, but you'll see our meeting notice, we sent the community meeting notice, we sent

Similar wording

it to 172 addresses. Of those 172 addresses, six individuals from the nearby community

Similar wording

showed up, five voted in favor of it, one voted in opposition, so we did get overwhelming

Similar wording

community support. Unfortunately, the executive board took it upon themselves to vote against

Similar wording

this project. And in their letter, when they say the community voted against it, that's not the

Similar wording

case. After that, in our presentation materials, you'll see our deed to the property showing that

Similar wording

Maestro Real Estate and Development LLC owns the property. And then finally, our certificate of tax

Similar wording

clearance showing that we're in good standing with the city. With that being said, I would like

Similar wording

to have my client Ghazi Adasevan virtually raise his hand to adopt my testimony. I would like Mr.

Similar wording

Adasevan to state what efforts he's made with the nearby neighbor to, you know, to try to work with

Similar wording