civus
Hearing video

ZBA Hearing - February 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 14, 20245h 47m

so there's a greater busselton civic voted 25 to 21 in support

Similar wording

good afternoon morning council could you state your name please and spell for the

Similar wording

court stenographer? Yes, Justin Crick, J-U-S-T-I-N, last name K-R-I-K.

Similar wording

Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do. Could you identify your client, the relationship to this property?

Similar wording

Yes, my client is S&A, I'm sorry, T&B Investments, LLC, and the principal,

Similar wording

Igor Babovich is on this call.

Similar wording

All right.

Similar wording

And Mr. Holloman has a few questions for you, sir.

Similar wording

Yes.

Similar wording

Good afternoon, counsel.

Similar wording

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

Similar wording

I do believe it's accurate, but I would like to point out that my application did specify

Similar wording

that there is a legalization here, even though it's not reflected, but it was applied for

Similar wording

as a legalization.

Similar wording

Otherwise, we believe it's accurate.

Similar wording

Okay. Did you email all of the exhibits and documents as required five days in advance to this hearing?

Similar wording

Yes.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Thank you very much.

Similar wording

All right. Members of the board, thank you.

Similar wording

We are here today regarding the property at 248 Geiger Road.

Similar wording

The property is located in an industrial I-2 district and is currently used for office and business use with some personal services tenants in the building.

Similar wording

The application for these business uses is for the legalization of the personal service use, wherefore in the I-2 zoning district, the business professional office use is allowable, as well as there is one wholesale distribution tenant, which I will discuss all of the tenancies in the building shortly, that is also an approved use in this district already.

Similar wording

So we are here seeking primarily or only the proposed use for personal services being prohibited in this district.

Similar wording

By way of a little background, again, the refusal you can see here for the industrial uses that it's just personal services.

Similar wording

By way of geographical background, this property on Geiger Road is located in an industrial park off of Red Lion Road in northeast Philadelphia.

Similar wording

The property is narrow at the street as well as somewhat in the back, but more notably

Similar wording

currently what is situated on it is a single circular building.

Similar wording

Very different from what you see next door, which is more warehouse and industrial space.

Similar wording

And this building lends itself more to the office use or the smaller tenant slash non-industrial

Similar wording

uses as I should say.

Similar wording

notably next door this is a daycare that is approved in this industrial corridor as well

Similar wording

uh and while we are going to talk about it a little bit later this picture really does uh

Similar wording

demonstrate very well the parking that is around this building we have 25 spaces that is not

Similar wording

including what we believe to be and is usually quite open street parking in this industrial corridor

Similar wording

the property is set back very far and I have another several pictures that zoom in on it

Similar wording

there is no signage on this application and one of the things I want to touch on that is a concern

Similar wording

of the neighborhood that will of course be taken into account is that while the neighborhood did

Similar wording

support this or does support this they do want to make sure that all tenants possess

Similar wording

They do want to make sure that all tenants possess the required permits and so forth, and that everything dealing with any of the businesses in this building are appropriately permitted and addressed by L&I.

Similar wording

the required permits and so forth

Similar wording

with.

Similar wording

And we agree with that. And if this variance is granted, allowing personal services as a use, then these businesses would be able to go and register and become legalized and then also seek the appropriate approvals for everything else that L&I regulates.

Similar wording

But we believe that that would then be an enforcement issue after the fact, even though it is the intention to make compliance.

Similar wording

So, again, we're asking for the approval for the personal services to allow the personal services as described here to register and become legalized.

Similar wording

As a little bit of background, just to get into it, actually, before I show you some of this, my client purchased this property in 2018.

Similar wording

And at that time, it was leased to office and business uses.

Similar wording

He did not have any personal services uses in there at that time.

Similar wording

And what had happened was when COVID hit and everybody scurried from the office space,

Similar wording

the nature of this building that you'll see how it's configured inside that lends itself

Similar wording

to smaller, almost remote offices for people are no longer desirable as remote offices

Similar wording

because either someone is getting something larger or they're just staying home in a home office most of the time.

Similar wording

So there are a few offices, as I'll go through, but what has become attractive or attracted to this space

Similar wording

happens to be a lot of entrepreneurs looking to start businesses in personal services.

Similar wording

And these are namely nail, hair, and massage.

Similar wording

But in terms of these things, we are not talking about hair cutting.

Similar wording

These are those types of places where they just do your hair up.

Similar wording

So there is no barbering or that type of need for things occurring.

Similar wording

And then as far as massage, it is also, again, not that I should even have to say, but there's

Similar wording

no adult-oriented uses.

Similar wording

And we also have that there is no, with the businesses, there's no medical, dental, or

Similar wording

health practitioners.

Similar wording

We do have, as you'll see on this list, there are two dental labs. These labs just manufacture, or in the sense that the technicians are just making molds and other products for dental use. But again, as you can see, we have mostly nails and cosmetics, people getting makeup done, and the pictures are very clear, as you'll see shortly.

Similar wording

We do have a couple of businesses in here, including an insurance broker who has been in the property for over 25 years.

Similar wording

And while that use is allowed, it just goes to show that this building has been in operation really as a business hub for some time.

Similar wording

So it was a little difficult, I will say, to get the exact dimensions of the interior because of the shape of the building.

Similar wording

but um just to give you an idea of layout um while there are entrances in the front and and you'll

Similar wording

see that the building is stacked from a basement first second third floor i'm sorry uh basic three

Similar wording

floors one that walks out the ground and is partially underground the other that is the

Similar wording

front above ground and then a third floor they center around a a very common open atrium space

Similar wording

in the middle that goes uh from ground to roof and there's a perimeter of offices um and this

Similar wording

is as rudimentary as it is it's good at showing that there are small offices throughout the

Similar wording

building and a couple of larger demised premises uh there is a roof deck that is absolutely off

Similar wording

limits to everybody that is just there even though it's it's allowed but it's it's just

Similar wording

for safety purposes just so you know and if you see from the exterior pictures it's it's not in use

Similar wording

again so this is the front entrance from the parking lot and I will try to make it through

Similar wording

some of these quickly so but if there's any questions about a a specific thing please let

Similar wording

me know again parking along the side you can see out the back there's a there's ground floor egress

Similar wording

first floor egress from the back as well as from the front that you had seen previously

Similar wording

here's that roof deck that is not accessible by any of the occupants of the building.

Similar wording

So again, just some other exterior views. And some of the offices are literally just

Similar wording

one window sort of space wide, while others are three to four or so. But none of the spaces in

Similar wording

this building exceed 700 square feet approximately. So in doing any parking calculations,

Similar wording

which i'll go into later uh where the ratios are basically one for every thousand square feet

Similar wording

uh the generally the most required space for any one business

Similar wording

Generally, the most required space for any one business use would be one space.

Similar wording

In that regard, personal services, when allowed in the industrial district, don't require a parking space for the first 2,500 square feet, in which case none of these would qualify for requiring parking in that sense.

Similar wording

But we do also have commercial trash pickup on the property.

Similar wording

and now as we enter the property i'll try to again describe it as best as possible but

Similar wording

we are first going to be going left and around the first floor as you had previously seen so

Similar wording

this corresponds with the corridor that has several offices aligned within it and along it

Similar wording

there are some common area spaces throughout the building that are open for communal lunch or

Similar wording

gathering that by people who are working in the building but these are not any one rented space

Similar wording

some people didn't you know want to be in pictures or so forth but this is typical

Similar wording

of one of the office use spaces and some others

Similar wording

some have storage in them still and are not being used but similar intended use

Similar wording

so we do have currently uh approximately 22 spaces and approximately 19 have some people in

Similar wording

them this is one of the uh businesses the one of the entrepreneurs who has started her own little

Similar wording

business here and wants to continue to do so um but again there's no cutting it's just uh just

Similar wording

kind of the makeup and the cosmetic portion of things this is a transportation business

Similar wording

um i guess in an effort to keep the person out another and very similar cosmetic uh establishment

Similar wording

as you'll see so again this this is more of a station it's not it's not uh for cutting it's

Similar wording

for the styling and people like to take photos of themselves as they're getting done up

Similar wording

um this is one of the more elaborate locations uh in the building but again they're they're

Similar wording

limiting to just hair blowing hair drying type of situations some outdoor

Similar wording

space and I'll just keep moving to some more of the substantive places there

Similar wording

are common restrooms throughout the building on each floor available I don't

Similar wording

believe there are any on the third floor but the third floor is significantly

Similar wording

smaller in square footage as you can see this is from ground floor basement or so

Similar wording

partial underground, all the way up to the top. And the building is very open and again lends

Similar wording

itself for multiple businesses. This is one of the medical dental offices, and this is probably

Similar wording

the largest next to the business insurance broker. But again, this is a dental lab. There's some

Similar wording

teeth molds here and so forth. So there are also some interesting other, again, personal services

Similar wording

is in the building. And we are not, again, this application is not to approve of any one specific

Similar wording

personal service. We intend as landlords counsel, and I've been retained to do so, is to make sure

Similar wording

that all of the occupants do properly go and register and get the appropriate permits to

Similar wording

conduct their business within the building. But again, in order for them to even do so,

Similar wording

they would require that personal services be allowed in the building. So this is the wholesale

Similar wording

clothing and I have some pictures of inside of it later you'll see they just

Similar wording

hold large amounts of clothing that's shipped back and forth and stored the

Similar wording

insurance broker is this way and I'll be heading into some of those one of the

Similar wording

spas is a little bit more elegant in terms of you know just just sitting down

Similar wording

to relax while you're there it's fresh fruit and then there is also well this

Similar wording

fire egress i will also say that there's a photograph in here that this building does

Similar wording

have its fire certifications and is up to code in all other ways uh and it has no other violations

Similar wording

other than the the use violation again this is a legalization of these uses for that reason

Similar wording

another cosmetic slash massage and and sort of make up a relaxation area

Similar wording

similar type business. There is a salt spa in here that does work with, well, for salt therapy

Similar wording

in general, but also for kids with special needs. Unique to see it in this type of space, but

Similar wording

they managed to make it work. We also note that some people in the neighborhood who were in

Similar wording

opposition were concerned about the cosmetics of the building in some of the areas that looked

Similar wording

rehabbed um but again when l and i had done the the uh inspection that gave the violation there

Similar wording

inspection that gave the violation there were no other violations issued but that also will not

Similar wording

were no other violations issued but that also

Similar wording

negate the landlord's desire to get everything made sure that it's that it's up to code if it's

Similar wording

not this is the insurance agency that's been in the property for several decades it's in the

Similar wording

basement ground floor probably the largest single space in the building this is the clothing kind

Similar wording

of warehouse of racks of clothing just come in and out and are moved around to

Similar wording

from what I'm told different different organizations donate and move it

Similar wording

around the insurance from the hallway and I'll just get you to the third floor

Similar wording

as well come around the building it's a little bit of a labyrinth until you're

Similar wording

in it but up on the third floor is a small common area you can see again

Similar wording

parking lot from here and here's the daycare that's next door there are a

Similar wording

couple of offices along the this side of the building and this day the third

Similar wording

floor is noticeably only half the size but you have this woman again a young

Similar wording

entrepreneur who's just trying to find a space to do her craft this is a common

Similar wording

area on the third floor for people similar to the one on the first floor

Similar wording

another cosmetic location and this this one is the other one on the third floor

Similar wording

doing I guess from what I understand again the hair blowout and styling

Similar wording

procedures so I give this this deed will show you that TMB investment group

Similar wording

purchased the property in December of 2018 as I indicated it was it was

Similar wording

primarily if not all office use back then but the property became quite vacant

Similar wording

in 2020, which further led to the hardship of the need for additional uses that are viable

Similar wording

in the area. I don't believe there's a need to argue for why industrial use isn't necessary.

Similar wording

I think it's since the other uses besides personal services are available and allowed

Similar wording

and the nature of the property and its narrowness and characteristics of the building don't really

Similar wording

lend itself to production or more industrial uses of that nature.

Similar wording

But we do believe that this is a highest and best use situation where there's a demand

Similar wording

for this type of business in the area and place for people to start more of this private

Similar wording

business.

Similar wording

The taxes have been paid, but for 2024 at this time.

Similar wording

and we have posted on the property again there are no signage no signage on this application

Similar wording

and the applicant's well aware that that there's a good potential for additional signage issues

Similar wording

to arise if things aren't addressed promptly if this variance is granted postings were made on

Similar wording

the front door and on all of the other doors in the property as well and notices were sent

Similar wording

to the neighborhood and we conducted a meeting with them. I did get a copy recently, which this

Similar wording

board also should have as a copy of the letter of support. I recognize that there's a close margin

Similar wording

here. And again, it is my opinion that a lot of the parties that were in the opposition did have

Similar wording

frustration, as do many neighbors when a property is being legalized. And the frustration stems from

Similar wording

the idea that people were using a property inappropriately for so much time and are now

Similar wording

asking for forgiveness and so forth so i do recognize that and again um ignorance is not

Similar wording

an answer but i i will say that this applicant uh being faced with what he was faced with and

Similar wording

the vacancies moved along uh and then realized and has sought counsel and we're trying to address

Similar wording

that but again as they indicate they believe that they want to assure down here at the bottom that

Similar wording

all tenants possess the required permits and as to that point alone we would need the variance

Similar wording

granted in order to get these tenants uh properly permitted um and then as for parking spaces as

Similar wording

being a concern we do not believe that any of those ratios have been uh passed or that there

Similar wording

should have been need for any refusal for this if one does come along from from l and i we would

Similar wording

address it at that time but given the ratios allowed in an i2 district for uh office and

Similar wording

business use and then basically no requirement in the in the personal

Similar wording

services category we still would have under the 25 space we we believe we

Similar wording

would be required to have under the 25 spaces that are available with that said

Similar wording

again we welcome further L&I inspection after the fact that compliance is a is

Similar wording

another story we do believe that again this this hardship is is there based

Similar wording

upon the economic conditions of the market in this desired type of business or industry versus

Similar wording

further office use. And we don't believe that this would cause any detriment to the neighboring

Similar wording

We don't believe that this would cause any detriment to the neighboring properties.

Similar wording

properties.

Similar wording

And that it would not create any environmental damage or impact any transportation or other public utilities if allowed to to occur.

Similar wording

Want to bring your client on quick.

Similar wording

Yes, I have Igor if you could unmute yourself and raise your hand to be promoted to panelists.

Similar wording

I will be allowed to speak.

Similar wording

Could you please state your name and spell for the court stenographer.

Similar wording

Last name, Bobovich, B-O-B-O-V-I-C-H.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Please proceed, counsel.

Similar wording

Yes, thank you.

Similar wording

Mr. Bobovich, have you had an opportunity to hear my testimony to this board today?

Similar wording