civus
Hearing audio

ZBA Hearing - January 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 21, 20266h 17m

the breezeway into the pro into the rear this is a rendering of the proposed addition from the rear

Similar wording

again keeping in line with the side of the home that's on the west side of the property steps

Similar wording

leading up to a door to enter some wide windows in the back back to bring in some light

Similar wording

and the new shadow box fence in between the neighbor to the east

Similar wording

there's a view from the neighbor to the east yard looking at the side view again we're looking west

Similar wording

here the screened in porch on the property next door this is the application for appeal

Similar wording

these are the documents you would typically see in a presentation like this tax clearance

Similar wording

zoning map again rsc3 a pretty deep lot so there's still ample yard space for my clients

Similar wording

we're not obstructing the later air of any adjacent property the sun is going to come from

Similar wording

east to west so if anything there's going to be a shadow toward the home that's on the west side

Similar wording

and i believe that homeowner may be on this call to voice their support they certainly

Similar wording

voice their support at the community meeting here's a deed indicating ownership my clients

Similar wording

purchased the property in 2023 notice going out to all the neighbors within 250 feet of the property

Similar wording

with the refusal as well as the plans here's a list of all the addresses that were notified as

Similar wording

well as the proof of mailing so in a nutshell we're asking for an addition that's going to be

Similar wording

about 14 feet from the rear of the property, one story. No impact of the development of any

Similar wording

adjacent properties. We are increasing the overall occupation of the lot by about 14%,

Similar wording

which is almost a de minimis increase. My clients are still going to be happy with the yard they

Similar wording

have. And we're certainly in harmony with the code. And we believe we're in harmony with what

Similar wording

the neighbors have supported. So with that, Mr. Chairman, I would conclude the presentation and

Similar wording

ask my client to unmute herself and i'll keep this up for questions or comments what's your

Similar wording

client's name my client's name is patricia erwin patricia patricia erwin is rejoining as a panel

Similar wording

thank you

Similar wording

Ms. Irwin, can you unmute yourself?

Similar wording

Hi, Ms. Irwin, could you please state your name and spell for the stenographer?

Similar wording

Yeah, I'm Patricia Irwin, P-A-T-R-I-C-I-A, Irwin, I-R-W-I-N.

Similar wording

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

Similar wording

Yes.

Similar wording

Counsel?

Similar wording

mr were you on the call when i presented your project and miss taylor's project yeah we were

Similar wording

and if you had the opportunity to testify would you adopt my testimony as your own and as true

Similar wording

and correct yes thank you very much um questions from the board i'll just comment that if you're

Similar wording

doing an addition with a with a bedroom in the back you're not going through the bedroom to get

Similar wording

to the backyard yay thank you mr johns it's getting late mike

Similar wording

i was just gonna say if this is the intent is to age in place that installing a ramp now might make

Similar wording

more sense for maximum than the steps um just because you can do all of the like concrete

Similar wording

work now and get it all sort of approved and i would suggest if that's something that you think

Similar wording

is going to be an issue which typically when people say agent plates i would just do it now

Similar wording

that's a good point this one and just a question so i think you said that right now the uh

Similar wording

rear yard the side yard width is the three feet eight inches already is that what you said

Similar wording

yeah i think that's existing three feet eight inches and i also have the architect on the

Similar wording

call too kathy no no no no no no no i i didn't you know it's just but they're giving you a refusal

Similar wording

because of the existing conditions even though it's an existing condition i mean exactly how do

Similar wording

you okay so I think because they're

Similar wording

that's yeah there so i think because they're um adding an addition to the property they're

Similar wording

it did what the refusal wasn't written this way but i think because they're expanding the

Similar wording

non-conformity then that's why they got a refusal yeah by putting an addition in the back and that

Similar wording

so they're still having that less than they're not but they're not really well the deck wasn't

Similar wording

enclosed before so it wasn't considered an addition so i don't know it may not have violated

Similar wording

Now they're closing it. It's considered an addition and habitable space.

Similar wording

Okay. But it just seems to me if you, you already had to be.

Similar wording

Questions for our attorney. Do you have anything else to say there?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience or the current audience? Come on up.

Similar wording

He's been here for a long time.

Similar wording

Hi, how are you? Get close to the mic if you would.

Similar wording

oh i'm fine i'll get the mic closer to you

Similar wording

that's it all right could you please state your name is bell for the stenographer shirley

Similar wording

reinhardt s-h-i-r-l-e-y-r-h-e-i-n-h-a-r-t do you swear or affirm to tell the truth the whole truth

Similar wording

nothing but the truth i do okay could you give us your comments on this case yes i'd be glad to

Similar wording

I sent, submitted a write-up and photos to the board by U.S. mail and also by email.

Similar wording

Do you guys have that information?

Similar wording

I didn't see it.

Similar wording

Well, why don't you just tell us your position?

Similar wording

We don't...

Similar wording

Okay.

Similar wording

Again, just for the record, again, my name is Shirley Reinhardt.

Similar wording

If you don't mind, I can read this.

Similar wording

Well, Shirley, yes.

Similar wording

so when we take testimony it's supposed to be two minutes of testimony so what well no no what

Similar wording

i'm saying is don't worry about what it says here just tell us what you're feeling oh my feeling is

Similar wording

i'm vehemently opposed to this addition being built okay are you a neighbor i am a neighbor

Similar wording

i am the adjacent property okay i live at 4809 king sussing avenue okay and i have lived there

Similar wording

since 2016 okay and my opposition is in addition to the zoning board's um refusal regarding the

Similar wording

side yard and the space i'm also concerned about um my property uh this i think the architect or

Similar wording

the attorney said that um this has no bearing on the property i live is exactly right adjacent

Similar wording

and this instruct this can addition i believe the dimensions are approximately 15 feet out

Similar wording

the existing deck was is not permitted was not permitted so it's they're not going to be adding

Similar wording

four feet they're going to be from the baseline of the house to their addition that's 15 feet

Similar wording

out our backyard is only 30 feet so it's going to take up half the backyard i have a screen

Similar wording

and porch and the and the height of the addition is going to be 15 feet high that's way above the

Similar wording

roof 15 feet high and then the approximate width of 16 feet so that 15 foot high with the roof

Similar wording

and out 15 feet that's going to block the airflow sunlight and natural light of my property

Similar wording

and in addition to that the collateral um issues i'm concerned with is like rain water issues

Similar wording

foundation issues safety issues and other things that affect my quality of

Similar wording

life again I have a screened-in porch I have air flow from from the left of my

Similar wording

property to the front and the side and so this construction will prohibit me

Similar wording

having natural sunlight natural light and i have a garden i have a guard with flowers i plant

Similar wording

vegetables every year and with this addition it will block a good part of the sunlight and the

Similar wording

natural light and the airflow not to mention um again as i said as far as the collateral damage

Similar wording

when you have construction um there probably also be foundation issues for me because i'm right next

Similar wording

to them and when you do construction of course you have problems with rodents and other kind of

Similar wording

situations that i don't think i should have to be subjected to well thank you very much

Similar wording

well thank you very much yeah we know you spent a lot of time here today and we appreciate your

Similar wording

We know you spent a lot of time here today, and we appreciate your testimony.

Similar wording

testimony okay um planning commission is there anyone else in the audience i'm sorry

Similar wording

i see no hands planning commission madison matera planning commission staff the comprehensive plan

Similar wording

recommends no change from the existing rsa3 residential single-family zoning at this location

Similar wording

The side yard width appears to be an existing condition of this property.

Similar wording

Planning Commission recommends the board grant the requested variances for side yard width and maximum occupied area.

Similar wording

Thank you.

Similar wording

So MI 2025-004-400-4811 King Sesson Avenue, I vote yes.

Similar wording

Michael Johns, I vote yes.

Similar wording

Joe Gaston, I vote yes.

Similar wording

Tanetta Graham, my vote is yes.

Similar wording

Ryan McAdams, my vote is yes.

Similar wording

iowen my vote is yes thank you thank you mr chairman all right thank you number four

Similar wording

mi2025-004-409-6913 tulip street burn anastasia was the attorney

Similar wording

good evening mr chair uh council you you've testified several times a day so you don't

Similar wording

just state your name if you would yep it's verne anastasio on behalf of sonia drummond okay our

Similar wording

um let's see here there's a letter of non-opposition from taconi civic association

Similar wording

all right and our our vice chair has a few questions good evening um have you submitted

Similar wording

your documents five days in advance of this hearing yes i have and do you waive the reading

Similar wording

of the refusal and stipulate to its accuracy i do all right thank you i can proceed with your case

Similar wording

thank you 6913 opal is for a daycare center child care let's get in here

Similar wording

it's drummond kitty college as for child care center in an existing structure

Similar wording

with all other uses as previously approved it's been a long history since

Similar wording

1950s of commercial use, including but not limited to sale and distribution of safety

Similar wording

equipment before that, and also professional offices.

Similar wording

So when my client went before the community to give her plan for a child care center,

Similar wording

it was supported by the neighbors because of the long history of commercial use.

Similar wording

Here's the first floor, there'll be a lobby and a kitchen and then there'll be space for

Similar wording

toddlers and infants, first floor.

Similar wording

On the second floor we have some offices, a computer lounge, some indoor play area,

Similar wording

pre-k space and the basement is all just mechanicals and storage no children in the basement

Similar wording

there's also a large side yard that used to be used for trucks trucking you know for the

Similar wording

sale and distribution of the materials that the commercial space used before

Similar wording

and the plan is to build that out for for a playground for the kids

Similar wording

and let's take a look at the property in question there's proof of posting and it

Similar wording

includes this structure here this stucco structure and all of this area as well

Similar wording

and this is the interior as it currently sits

Similar wording

So as you can see, it's already sort of laid out for commercial use.

Similar wording

There'll be no real cooking on the premises, just, you know, heating things up.

Similar wording

Most of the stuff is going to be pre-packaged.

Similar wording

The hours of operation are going to be 6A to 6P, 6-month-old to 12 years.

Similar wording

There'll be, of course, before and after care for school.

Similar wording

And as the letter points out, there is ample space for pick up and drop off of the children, considering the width of the property itself.

Similar wording

And as the letter points out, there's ample space for...

Similar wording

My client, Sonia Nikki Drummond, should still be on.

Similar wording

And as a result, I'm asking her to raise her virtual hand.

Similar wording

How many students are we talking?

Similar wording

uh i'm going to have her testify to the number of kids okay okay yeah

Similar wording

yeah i think that's the person by the name in the audience sonia drummond

Similar wording

it's not she's not here still she was here yes

Similar wording

do we see you ian yes sonia drummond has rejoined as a panelist you can unmute now sonia hi

Similar wording

hello could you hi could you please state your name and spell for this photographer

Similar wording

Sonia Drummond, S-O-N-J-A, Drummond, D-R-U-M-M-O-N-D.

Similar wording

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

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Ms. Drummond, did you hear my presentation to the board?

Similar wording

Yes, I did.

Similar wording

True and accurate to the best of your knowledge?

Similar wording

Yes.

Similar wording

Do you adopt it as your own testimony?

Similar wording

Yes.

Similar wording

How many children do you expect?

Similar wording

i expect 19. okay but i'm waiting you know the department of human services will come out and

Similar wording

do their own measurements and you'll be on site right running the facility right yes okay and

Similar wording

number of uh staff employees um i'm thinking with my 19 for about four staff okay but if at a minimum

Similar wording

at a minimum yes thank you nothing further mr. chair questions from the

Similar wording

board I have a question do you have what's your experience operating day

Similar wording

cares so I currently have an in-home family daycare it's been operating since

Similar wording

2015 the question how many how many children is that is that six I have six

Similar wording

so you're talking three well I can have six at one any at one given time I'm actually 24 hours

Similar wording

so I have different shifts but at one time six for just her and as she said she'll have a staff

Similar wording

of at least four other people okay um and uh so what um okay what was I getting ready to ask you

Similar wording

Okay. So you have that experience. In terms of the layout of this building, now, where are you going to be in here? What's the little shed over there?

Similar wording

In the yard? Are you looking at the picture?

Similar wording

the question okay is that part of the the shed is part of the the shed isn't part of the existing

Similar wording

property okay and is that going to be used for the daycare no oh okay she's going to be

Similar wording

outfitting that space as an outdoor play area right okay and then um you said you're going to

Similar wording

have kids from six months to 12 years where are you planning to put the younger children

Similar wording

the younger children are if you go to the first floor the infants are in the toddlers

Similar wording

and infants on the first floor yes and it's marked on the plan okay all right

Similar wording

and then the playground area that you're talking about is that the blacktop area that i'm looking

Similar wording

it or what are you going to do about it it's the side that big that very large side used to be a

Similar wording

yard uh again uh i'll pull it up here for you yeah all of this here has to be outfitted gotcha

Similar wording

okay all right and then we have fire protection and what have you for the building absolutely

Similar wording

Absolutely. And of course, I mean, she won't be able to occupy it until she goes through a complete CO process.

Similar wording

Obviously, but yes. But the idea is we have to have the hardwire smoke detection system, the emergency lighting.

Similar wording

We have to have panic bars on the doors. We have to have some means of egress from the second floor.

Similar wording

some means of egress from the second floor, if there is a second floor that's going to be used.

Similar wording

So we're going to have all of that.

Similar wording

Yes.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

Questions for our attorney?

Similar wording

Just a brief clarification.

Similar wording

Ms. Drummond, are you part of the owning entity, Incredible Smart Investment LLC, or you're the tenant?

Similar wording

Yes.

Similar wording

Yes, that's her.

Similar wording

Thank you.

Similar wording

Did you also have something about all street parking?

Similar wording

Yes, thank you. No, I just note that this property is zoned RSA 3. So there is technically a off street accessory parking requirement.

Similar wording

It looks like there's some parking at the property now, but I don't know that you necessarily plan explicitly for parking spaces until be using the side yard for the play area.

Similar wording

Is that correct?

Similar wording

Yeah, we don't.

Similar wording