civus
Hearing video

ZBA Hearing - August 19, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 19, 20252h 38m

that the person who will be running the business will be using.

Similar wording

This door will take you to the basement where the door will also be using

Similar wording

for the business the basement has a separate bathroom the basement has a separate bathroom

Similar wording

for the business.

Similar wording

The basement has a separate

Similar wording

um it has a separate entrance that'll need to be upgraded it's also a back door

Similar wording

um so as i go into like more of the units of the property um so this is the first unit has a

Similar wording

kitchen the doorway to the backyard um it's on a separate junction box just some of the bedrooms

Similar wording

i try not to be too invasive the property is occupied but this is a bedroom in a property

Similar wording

um this is also another bedroom in a property and i showed you the kitchen um

Similar wording

um and then on the third floor of the property there is another unit second so it's the second

Similar wording

unit on the third floor of the property this is the bathroom that's on the second that's on the

Similar wording

third floor of the property this is the second bathroom this is the kitchen so here is the couch

Similar wording

living room um again the property is occupied but this is the sink and stove and stuff like that

Similar wording

refrigerator and stuff in the kitchen

Similar wording

as well.

Similar wording

And then I also have a letter of support from the RCO

Similar wording

which was

Similar wording

I think this was NOAA, Overbook West Neighborhood Association.

Similar wording

We went out and presented this to the community.

Similar wording

They were aware that there are businesses on both sides of the property

Similar wording

There are also multiple family properties on the block as well, as I mentioned.

Similar wording

Notice that went out to the community along with their...

Similar wording

This was an in-person meeting that we had.

Similar wording

This is the proof of tax clearance.

Similar wording

And this is the proof of posting.

Similar wording

This is the door that's in the front of the property, which is here.

Similar wording

So it's just a zoom up of this door here.

Similar wording

um again this is a similar situation they'll have a business on this business what i understand

Similar wording

will be like a printing company so they'll make signs and flyers and stuff like that for people

Similar wording

um and the person will be running a business also occupies it so this is more so to have

Similar wording

the ability to hang the sign um we do have so this is this personal here this personal here

Similar wording

is the company that has a construction company or law firm that runs out of it this one may be a

Similar wording

construction company that runs on the first floor.

Similar wording

Most of the area is

Similar wording

multifamily homes. We pretty much walk the

Similar wording

area. So it's usually a lot of multifamily

Similar wording

homes up and down this block.

Similar wording

And a lot of them have commercial spaces

Similar wording

on the bottom as well.

Similar wording

So the request is

Similar wording

allow us to have a

Similar wording

multifamily home and to operate a

Similar wording

business on the first floor.

Similar wording

Devin, are you

Similar wording

aware of the proviso they recommend?

Similar wording

I believe it's related to the signs, right?

Similar wording

Yes, no signs.

Similar wording

Yeah, yeah.

Similar wording

So we talked about that at the community.

Similar wording

Temporary variance, three years.

Similar wording

Oh, yes, yes.

Similar wording

They said that they wanted us to come back in three years and talk to the community, yes.

Similar wording

For the business, am I correct?

Similar wording

Yes.

Similar wording

Okay, thank you.

Similar wording

Questions from the – why don't you bring your client on?

Similar wording

I'm sorry.

Similar wording

This is the same client from prior.

Similar wording

She hopped off.

Similar wording

She had to go back to work.

Similar wording

So I'm hoping that the board will –

Similar wording

Okay, so most of the court will take your testimony.

Similar wording

Questions from the board.

Similar wording

Did you say that this is already being used as an office?

Similar wording

So it's the property is occupied by a person like that they're not for the business.

Similar wording

The property is occupied by people. Yes.

Similar wording

OK, but as a residence, correct?

Similar wording

Yeah, not as a business, as a residence.

Similar wording

I'm saying that the person who resides there will be the person who runs the business there.

Similar wording

And they're going to run it from the first floor, you said?

Similar wording

The first floor and basement. Yes.

Similar wording

okay and can i can i see these pictures of this first floor again

Similar wording

so

Similar wording

this is office space so like they use this as an office now um on the first floor um there's a

Similar wording

door to the basement the basement has its own bathroom and it's made it's not it's an unfinished

Similar wording

basement but it does have a extra bathroom um it's concrete flooring and stuff like that and

Similar wording

it just said we had to be remodeled is that the only picture you have of the basement in this

Similar wording

presentation uh yeah it was unfinished but i have other pictures of it just being unfinished if

Similar wording

helpful. Yes. I mean, I'm having problems. What I'm seeing is basically a living space.

Similar wording

i'm i'm having problems what i'm seeing is basically a living space uh i i'm seeing a

Similar wording

piece of a dining room table i'm seeing what looks like a so yeah so right now or whatever

Similar wording

i'm not seeing this this so right now they don't have it uh it's not like i guess they're gonna

Similar wording

actually renovate this property so it is not like the other property that we just saw that

Similar wording

when they acquired it, it was pretty much renovated as if someone was running their

Similar wording

business out of their basement. This is going to be

Similar wording

they want the permission to do it prior to going and doing like the renovations because right now

Similar wording

it's more like a home office situation.

Similar wording

Okay.

Similar wording

So they're going to actually renovate it.

Similar wording

You said the person who runs the business

Similar wording

lives upstairs. In both floors he lives now and he wants

Similar wording

to make a duplex up there? Is that what you're saying? So, right now, there is the person who

Similar wording

lives there is going to run a business, and then she has a sister who lives on the second floor.

Similar wording

Okay, and she's going to live on the third floor? Yes. Okay. But she's not going to kick her sister

Similar wording

out. I mean, her sister probably helped her with the business, but she's not. The goal is to just

Similar wording

legalize how it was set up prior. Okay. And where is this, like, I'm not seeing context here. Is this

Similar wording

a it it looks like it's okay is this in the middle of the block is this at the end of the

Similar wording

it is this is it's not it is one over from the corner so this is this house and then it's this

Similar wording

corner lot here is um it's just it's the corner property i think that is it's not a rooming house

Similar wording

maybe like maybe i want to say it's like an apartment building or so

Similar wording

so it's one over from the corner if that makes sense and this business you're talking about

Similar wording

this printing business we're talking um trucks we're talking deliveries i'm sorry i cannot hear

Similar wording

and i just try to turn up you said printing business correct so you're gonna need the

Similar wording

machinery, you're going to need deliveries of the

Similar wording

paper and

Similar wording

whatever to do this. You're going to, there's

Similar wording

going to be distribution, correct, of the printed materials

Similar wording

to people? So I think from what I understood, it was more like... How's that going to work

Similar wording

in this, what looks like a pretty residential

Similar wording

area here? So from what I understood,

Similar wording

uh more like flyer printing and stuff like that and again this this property here

Similar wording

uh this property here is an apartment builder so and then this property has three business

Similar wording

that runs out of it and we had their support as well it's a law firm that runs out of it i think

Similar wording

it's two lawyers actually because we met them craig thorpe law firm runs out there it's another

Similar wording

law firm on the second floor and i think the third floor i forget which business it is but

Similar wording

But this is multifamily, I think it's an apartment building, and this one is a business that's

Similar wording

on the first floor as well.

Similar wording

There's three businesses actually in that building.

Similar wording

But a law office is a little different than a business where you're talking about, you

Similar wording

know, distributing materials.

Similar wording

I mean, it's a bit more of a burden, I would say.

Similar wording

on the neighborhood that's just my uh read of it but okay how has this woman been in this

Similar wording

business for a while or is this a new business or what is her experience here to run this type

Similar wording

of business yeah i think she worked in the industry prior um but this she doesn't currently

Similar wording

have this business now she's worked in it before i guess um yes a new and fledgling business for

Similar wording

her correct as a super party yes yes okay all right thank you all the questions on the board

Similar wording

yes so uh consumer traffic um i guess the customers would just place their order and

Similar wording

come pick it up or i think that's the plan or if you ship to them yeah place the order and they

Similar wording

pick it up or if you ship to them i mean i think a lot of stuff is like ship via like amazon ups

Similar wording

guests and stuff like that. But yeah, I doubt it would be more foot traffic than the businesses

Similar wording

next door. But yeah, a lot of it is just place your order online and then it's shipped to you.

Similar wording

Other questions? Yeah, my question is for the entrance into the building. It goes right into

Similar wording

where you're planning an office, correct? Yes.

Similar wording

where you're planning a an office correct yes um as far as is there a separate entrance for the

Similar wording

third floor or the second floor they get without going through the office so they plan to build it

Similar wording

um because you can technically get to the office from an exterior door but their plan is to like

Similar wording

renovate all of that and just make it a separate entrance and use that separate door because i saw

Similar wording

on the picture that we have of the first floor there there is a set of stairs in the middle of

Similar wording

the floor correct correct so that would go up to the second and third floor so you would have access

Similar wording

coming in the front door to go to the bedrooms per se

Similar wording

yes currently yes prior to renovation there would have to be like a floor plan to add a

Similar wording

steps in another

Similar wording

location? No, they would use the

Similar wording

exterior door. So in the renovations,

Similar wording

there's another back door that they would use and build

Similar wording

out. Okay.

Similar wording

So the plan is to include the

Similar wording

basement and the basement

Similar wording

and our office space as well. So you would come in through

Similar wording

the exterior door, the other exterior door.

Similar wording

Is the basement

Similar wording

going to be used for storage?

Similar wording

Mainly, yeah. For the office or

Similar wording

actual office

Similar wording

storing equipment or actual

Similar wording

use of the equipment business operating um i would assume so i'll be honest i'm not

Similar wording

well versed in like printing company equipment but i know that the goal is to use the basement

Similar wording

and the office space entirely for the business but i i don't i don't know the types of equipment

Similar wording

that like um they're expect i don't know if it's going to just be big printers or like

Similar wording

with what all what all type of equipment that is out of my expertise i guess i'm saying

Similar wording

Okay. Questions from our attorney, Hillary Emerson.

Similar wording

Yes. So the refusal in this case says business and professional, presumably referring to business and professional office.

Similar wording

But what you're describing here is business support, which is a different use category.

Similar wording

So if that is what your client is pursuing, then the refusal needs to be amended to reflect business support as the use.

Similar wording

You need a variance for either business professional office or business support in the RTA1 zoning district, but the refusal needs to indicate the correct use that you're applying for.

Similar wording

And so, honestly, until I saw the RCO letter, I didn't realize that business support is what you were really asking for.

Similar wording

So, you know, we can finish out the hearing today, but if your client is pursuing business support, then we need to have an amended refusal before we can vote.

Similar wording

So just to clarify, the current refusal says business and professional, but because they're printing flyers, you see that as business support?

Similar wording

So a business and professional office is like a law office, architect, like an office, you know, administrative offices for a business.

Similar wording

But if you go to look at the definition of business support in the code, which is under the commercial services use category, it specifically says copy and print shops, which is that's what it sounds like this is here.

Similar wording

Okay.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Yes, Chair.

Similar wording

I have a hand up by Gregory Allen.

Similar wording

I'm going to promote them to penalties.

Similar wording

hello yes sir i could could you please state your name and spell for the sonographer

Similar wording

gregory allen g-r-e-g-o-r-y last name a-l-l-e-n do you swear or affirm to tell the truth told

Similar wording

truth nothing but the truth i do please make your presentation thank you chair and board members um

Similar wording

I am the chair of the RCO committee for Old Brook West neighbors. And as such, I am the person who recused himself by voting non-opposition. I have a decade-long relationship with the owner.

Similar wording

Having said that, the neighbors understand that the homes on this block, the properties, have largely been mixed use, rental, the property next door that Mr. Upta, Attorney Upta refers to.

Similar wording

The property next door that Mr. Upta, attorney Upta refers to, the two attorneys, the third

Similar wording

property, the third space is a construction service company called T. Savage Construction.

Similar wording

So we didn't have an issue with that.

Similar wording

We wanted to be clear that what many of you have already spoken about is that the waste

Similar wording

was taken away. I envisioned this more as a design company, not like a Kinko's or I guess

Similar wording

I'm dating myself like a FedEx UPS store, but that the waste was taken away, that the only

Similar wording

commercial use that would be allowed was for this, because without knowing, I tried to understand

Similar wording

that other commercial uses could be applied for.

Similar wording

So it would be solely for this.

Similar wording

And then the family said they had no intention

Similar wording

of renting the other spaces.

Similar wording

So the family was clear that they intended

Similar wording

to live in the property

Similar wording

and operate the first floor as a business.

Similar wording

Thank you very much for taking the time to close.

Similar wording

We appreciate it.

Similar wording

Anyone else in a virtual audience?

Similar wording

there are no other hands at this time too uh planning committee sure sorry yes sir just to

Similar wording

clarify the owner is not able to get on but they text me i said can you clarify that business

Similar wording