civus
Hearing video

ZBA Hearing - February 14, 2024

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

And again, another, I don't know whether this is 78.

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I really don't want to guess, Mr. Chairman.

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But again, you can see it was a luncheonette.

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This is across the street.

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It was a luncheonette on the first floor and then two family above.

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And then this is the other corner, 200 block of East Water.

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This was a vacant store and a barbershop and a family above.

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so we're here to legalize a use of a property that's been in existence for at least 10 years

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My client is here to do the right thing, to make it legitimate.

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my client is here to do the right thing to make it legitimate we're not in

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We're not impacting any properties later air.

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We are in harmony with the code.

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It's continued residential use.

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It's in harmony with the block.

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I mean, and frankly, I hope someone from the neighborhood group is on the call because the neighbors spoke highly of the way the property is maintained.

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And I think that's due to the fact that my client lives in the property and is there on a daily basis.

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So with that, I'd ask my client to unmute himself so he can adopt the testimony and we can move on from there, Mr. Chairman.

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Thank you.

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Seema, can you unmute yourself?

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Yes. Can you hear me? Good afternoon.

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Hi. Could you state your name, please, and spell for the stenographer?

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Hi. Good evening. My name is Seema Turbo, C-E-M-A-H. Last name is Turbo, T-O-R-B-O-H.

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes i do proceed counsel no mr turbo you were on the call when i presented your project correct

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yes and is it true that you've lived in the property since you acquired in 2018

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that's correct and this this was a for sale by owner you had no idea that it wasn't zoned properly

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until you found out within the last year that is correct uh and if you had the opportunity to

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testify, would you adopt my testimony as your own and as true and correct?

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Yes, I would.

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And would you agree with my characterization that the five near neighbors who attended

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the zoning meeting spoke highly of you personally, as well as your management of the property?

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That is correct.

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That's all.

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Thank you very much.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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questions or comments from the virtual audience

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I see no hands chair

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planning commission

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city planning

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property is indicated for residential

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use on the city plan given the

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documented use history physical condition

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of the site recommend the request

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for variance be granted provided

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no more than three dwelling units

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be permitted

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i 2023 001 767 6550 musgrave street i vote yes thomas holloman my vote is yes

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james snell my vote is yes thank you counsel thank you mr chairman have a great night everybody

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Okay, thank you. Number eight, MI 2021-005-086-5900 Harbison, Daunte and Grady, Clementa, Amazon are the attorneys. No RCO letter, but there was a meeting on 9-26-23 by the Wissan-Oming Civic Association. The applicant has provided a petition signed by more than 275 people.

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Ms. Chair, this is Hillary. I just want to note that we received a letter of opposition

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from Councilmember Lozada today. They were advised by the RCO that their position was

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opposition, but we have not received a letter from the RCO and the council office had not

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received a hard copy of it yet this afternoon either.

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Thank you.

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Dawn Tancredi is in as a panelist.

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Good afternoon.

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

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Sure. It's Dawn Tancredi. My first name is D-A-W-N. The last name is T-A-N-C-R-E-D-I.

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

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Yes.

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Could you identify a client, a relationship to this property?

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Yes. Good afternoon again. I do represent the owner of the property. His name is Yuli Wu,

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and he is available today to testify as well right and mr hallman has just a few questions

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thank you good afternoon counsel do you agree to waive the reading of the refusal

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and stipulate to his accuracy yes did you email all of the exhibits and documents as required

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five days in advance to this hearing my office did that yes thank you please proceed and share

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your screen. Okay. So we are here today seeking approval for a change of use to allow for the

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retail sale of consumer goods. And specifically, the consumer goods are kitchen cabinets. I do ask

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I do ask that these submission materials we turned in be incorporated into the record.

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that these submission materials we turned in be incorporated into the

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Okay.

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So you can see here from the site plan that the property is a triangular-shaped lot, and it does face Harbison Avenue.

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The rear of the property faces Walker Street.

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The site is approximately 9,750 square feet, so it's somewhat large.

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Currently on the site, there is a garage and a two-story building, and they're both in need of some repair.

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Here's some photos of the property that you can see.

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There's the posting photo.

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Here are some interior photos.

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And there are some photos of Harbison Avenue that you can see here, and also Walker Street.

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So the property is located on Harbison Avenue, which is a busy two-way commercial corridor with various commercial properties.

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Across the street from my client's property is an auto body shop.

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you'll see that there are other auto repair and tire service businesses located across the street

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as well within a couple blocks of in either direction on the same side as my client's

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property there's also a beer and beverage business a restaurant and real estate office

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within a couple blocks all on Harbison Avenue in addition Harbison Avenue is a truck route

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It's a SEPTA bus route, and it also bears a high volume of passenger motor vehicles, which travel all day and all night.

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The commercial nature of Harbison Avenue, paired with the high traffic flow, do render it unsuitable for the residential single-family use.

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And instead, the property's use conforms with the CMX2 zoning district, which can be found across the street.

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And you can see that here on the zoning map.

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The entire frontage across the street from our client's property is zoned commercial, CMX2.

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So the proposed commercial use does conform with the de facto nature of the area.

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and serves to complement the surrounding area, the anticipated clientele are already people

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driving on Harveston Avenue, and the applicant will provide five parking spaces for those customers.

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I will add that the proposed use is the least minimum variance necessary to utilize the property.

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the proposed retail use is a single use it will attract only a few customers during business hours

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my client can testify that there's an average of two to three customers per day

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that the days and hours of operation would be limited to weekdays 9 a.m to 5 30 p.m

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and Saturdays 10 till noon, so it would not be disruptive to the surrounding area.

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Generally, the proposed retail use here will cause less traffic than that of a single-family home

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with multiple vehicles traveling during the day and evening.

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There will be no deliveries from the property.

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It will serve as a showroom for the cabinets.

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Any deliveries would come from another location.

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my client did obtain over 20 pages of signatures and those are included in the packet as well

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he's been in business for seven years on rising sun avenue and this would be an additional location

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until he potentially winds down the other location this location does provide parking for his

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clientele. His plans for the site do include renovating the property, replacing sidewalks,

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and someone from the community did ask that the sidewalks be replaced, and my client agreed to

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that, and he would also be adding landscaping. So my client's here to adopt my testimony

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and also answer any additional questions.

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Counsel, before he comes on, did you go to the RCO meeting with him?

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Yes, I did.

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How did that meeting go?

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So at the meeting, there was a mixture.

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There was a mixture, there was some support, and there was opposition.

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There was some support.

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And the community did not take a vote that night.

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Okay, thank you.

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Bring the client on, please.

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Sir, could you state your name and spell for the court stenographer?

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Hello, Mr. Chairman.

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My name is Yuli, Y-U-L-I-W-U.

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

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Yes, I do.

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Please proceed, counsel.

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Okay. Unless the board has any further questions or if anyone else speaks, I'll ask him now.

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Mr. Wu, did you hear my statements this evening?

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Yes.

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Are they true and accurate?

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Yes.

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Do you adopt them as your own?

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Yes.

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Thank you.

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Questions from the board.

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no mr chairman no mr chairman questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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no hands chair planning commission it's not ron bednar city planning while the property is

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currently indicated for residential use on the city plan given the fiscal circumstances of the

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site. We have no objection to the grounding of the evidence. Thank you. MI 2021-005-086-5900

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Harbison Avenue, I vote yes. Thomas Holliman, my vote is yes. James Snell, my vote is yes.

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Counselor, you have your votes. Thank you. Have a good evening. Thank you. Is there anyone in

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the virtual audience who had a 330 case that has not been called? No hands, Chair.

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Thanks, everyone. A little longer

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above a day, but I appreciate what everybody did

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today. We got a lot accomplished today.

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Thank you very much.

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See you next week.

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Have a good one, everyone.

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Bye-bye, everybody.

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Bye-bye.

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Bye-bye.

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Bye-bye, all.

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