civus
Hearing video

ZBA Hearing - October 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 25, 20234h 25m

Number three, MI 2023, 3430 North 18th Street, Joseph Consul is the attorney.

Similar wording

We do not have an RCO letter. There were two meetings, 9-19 and 10-17.

Similar wording

Mr. Consul will be rejoining as a panelist.

Similar wording

Good morning, Ward.

Similar wording

Good morning, Mr. Consul. Just for the record, state your name and spell, please, for the court sonographer.

Similar wording

Yes, Joseph, J-O-S-E-P-H, Consul, C-O-N-S-O-L-E.

Similar wording

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

Similar wording

I do.

Similar wording

Do you please identify your client in relationship to the property?

Similar wording

Yeah, it's Gained Properties, LLC, and I believe Mr. Cahill is my client who's going to be speaking on behalf.

Similar wording

Okay. Our vice chair has just a few questions, sir.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes.

Similar wording

Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

Similar wording

I did. The RCO letter did come in, and we sent it over. It's full support, so I'd like to get that to you guys if it's not in front of you.

Similar wording

Yes, we did not receive it, Mr. Consul.

Similar wording

Oh, no. Okay, can I send it to you, Hillary?

Similar wording

Yes, absolutely. Thank you.

Similar wording

Okay, let me do that right now.

Similar wording

And then you can just show it to the board during your presentation.

Similar wording

All right. Perfect. Okay. Let me email it to you. And then actually, I'll do that right after. I'll just show it on my screen. Then I'll email it to you after that. So I don't hold everyone up here.

Similar wording

after that so i don't hold everyone up here um please proceed to share your screen all right

Similar wording

is that yeah that's okay so all right to start uh here is the letter that i just referenced

Similar wording

um it's a position of support by the rco uh for three four three zero north 18th street

Similar wording

we did meet with him twice and um yeah there was 21 people in the room only one near neighbor

Similar wording

uh the second time um and so the the board voted i it was four and then they really only called it

Similar wording

one near neighbor but there was like i said it was a it was a fairly well attended meeting

Similar wording

um okay so we got the support property is three four three zero north mr consul did did they have

Similar wording

any proviso they usually have a letter did they have any provisos in their letter here is their

Similar wording

letter um it's dated the 17th i saw the email looks like everyone was copied i apologize um

Similar wording

it's okay it doesn't it doesn't look like it because that looks like the summary of the

Similar wording

meeting oh it looks like trash stored in the back or the i although some that some of this

Similar wording

may be the summary yes okay anything here that you you need okay i think i think we're okay was

Similar wording

there were there any discussions and provide those like particular areas of storage for the trash

Similar wording

no because and i'll show you i'll show you guys in a second um we we have the we have the trash

Similar wording

taken care of okay so 34 30 you're welcome north 18th street uh this property um if you

Similar wording

look on this photo here actually i'll use my packet um it sort of sits on the corner of an alley

Similar wording

and um in back of the property is a large open space which leads to uh like a little

Similar wording

outbuilding back there it's a good old garage here's a shot the goal is to rehabilitate this

Similar wording

property fully. It had accessible and usable parking and it will have that again. And it will

Similar wording

have space for trash storage because as you can see, it's very open to this alley here that can't

Similar wording

be infringed upon. So the goal is to rehabilitate this property into three units. The property

Similar wording

directly next door, 3432, that's built out back here, was approved by the board. Here it is on

Similar wording

Atlas, was approved by the board in 2021 for three units. So we're seeking the same approval for this

Similar wording

property on the corner. And we believe it is actually a stronger case in the sense that we've

Similar wording

got parking and easy trash storage and trash to drag out to the side. Not to mention, this

Similar wording

property, let's go up a little bit here, was previously zoned as two units plus one owner

Similar wording

occupied unit. So it's always been set up as three units. It's two one bedrooms and one two

Similar wording

bedroom but as you'll see in the photos it's fallen into disrepair and my client's goal is to

Similar wording

make it nice and activate the three units there's the front of it

Similar wording

there's the front with the newly rehabbed three unit directly next door

Similar wording

again there's the back going inside you can see that this property needs

Similar wording

a lot of TLC and we included the as existing floor plans now got one bedroom on the first

Similar wording

floor actually no two bedrooms on the first floor second floor you got one bedroom and then on the

Similar wording

third floor, you've got two bedrooms and an office, but I think it's a little small to be

Similar wording

considered a bedroom. So call it two, two bedrooms, one, one bedroom. After that, we have our other

Similar wording

required documents, tax compliance and everything like that. So basically we want to reactivate

Similar wording

this property as a multifamily and fix it up and make it nice. The property next door was granted

Similar wording

the same right. It is exactly the same footprint. And we believe we have a good case in the sense

Similar wording

that we've got space for parking and for trash storage. And on top of that, we have full support

Similar wording

from the RCO. With that, I'll call my client. I believe it's Mr. Cahill should be the one that's

Similar wording

i believe it's mr cahill should be the one that's on here

Similar wording

on here.

Similar wording

pardon me could you show us the third floor again the drawing oh sure

Similar wording

yeah we he labeled this one as a bedroom office but

Similar wording

my opinion is it's that's not really a good size for a bedroom so there should be a kitchen

Similar wording

there somewhere right hold on it's a bi-level unit oh okay all right good okay now now i got

Similar wording

thank you all right mr k hill are you on

Similar wording

please raise your virtual hand

Similar wording

i do not see any hands mr consul you're an officer of the court we will accept your testimony

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Once again, there are no answers.

Similar wording

Planning Commission.

Similar wording

Good morning, Chair Bergman.

Similar wording

This is Ian Hegarty representing the Philadelphia City Planning Commission.

Similar wording

Last name is spelled H-E-G-A-R-T-Y.

Similar wording

Right.

Similar wording

Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, sir, I do.

Similar wording

Please proceed.

Similar wording

Thank you.

Similar wording

Good morning, board members.

Similar wording

Comprehensive plan recommends a change from RSA 5 to RTA 1, 2 family zoning at this location.

Similar wording

We were able to find a documented use history as a legal 2 family dwelling on this site, but not as a 3 family, as counsel has posited here.

Similar wording

um and we further believe that the um the hardship case here is relying a little too heavily on an

Similar wording

adjacent non-conforming use that was granted by the board rather than an actual physical condition

Similar wording

of this property our recommendation here is going to be that the board grant the variance but

Similar wording

to add a proviso allowing no more than two dwelling units in this property

Similar wording

i 2023 001 972 3430 north 18th street i vote yes proviso no more than two units

Similar wording

thomas holliman my vote is yes with proviso ishmanul shaheed my vote is yes with proviso

Similar wording

Number four, MI 2023-002-062-4087-1.5 Lancaster Avenue. Henry Clinton is the attorney.

Similar wording

um letter of support from hope phl and also applicant provided a petition in non-opposition

Similar wording

signed by approximately 101 neighbors mr clinton good morning mr chairman members of the board

Similar wording

just for the record mr clinton could you state your name and spell please for the court's

Similar wording

stenography my name is henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n all right do you swear

Similar wording

affirmed to tell the truth the whole truth and nothing but the truth i do um could you identify

Similar wording

your client the relationship to this property sure my client was on the call is a kia a-k-i-a

Similar wording

phillips p-h-i-l-l-i-p-s and our vice chair has just a few questions for you sir good morning

Similar wording

counsel do you agree to wave the reading of the refusal and stipulate to its accuracy i do have

Similar wording

you emailed in all the required documents and exhibits that are needed and required to proceed

Similar wording

with this case, five days in advance.

Similar wording

I have.

Similar wording

Please proceed and share your screen.

Similar wording

Is that visible?

Similar wording

No, sir.

Similar wording

Sorry, this again.

Similar wording

It's coming up now.

Similar wording

we good mr chairman yes sir we are all right good morning mr chairman members of the board

Similar wording

again henry clinton on behalf of akia phillips who is the owner of this property at 4087 and a

Similar wording

half lancaster avenue table of contents containing exhibits a1 to a10 which i ask be admitted into

Similar wording

the record this is a straightforward refusal this is a cmx2 property we were before the board

Similar wording

last year, you can see on their notes, the ZBA, to have the first floor used as assembly and

Similar wording

entertainment on the first floor only. Today, we're asking for visitor accommodation for a one-bedroom

Similar wording

Today, we're asking for visitor accommodation for a one-bedroom on the second floor.

Similar wording

It kind of goes hand-in-hand with the event space.

Similar wording

There's often a need for people who were there for a gathering or a party to stay over.

Similar wording

Plus, I'll show you for the plan for the Lancaster Avenue business district in this area on the

Similar wording

40-hundred block and 4,100 block of Lancaster Avenue.

Similar wording

that are encouraging second-floor apartments to bring more foot traffic to the avenue to patronize the businesses.

Similar wording

This is the RCO letter of support.

Similar wording

There were several RCOs at the meeting, including Hope, PHL, and they overwhelmingly voted in support of this use.

Similar wording

And as the chairman noted, we have over 100 signatures in support of the project.

Similar wording

These are seven pages of signatures, 15 signatures on a page, all from Paxson Street, Aspen Street, business owners on Lancaster Avenue.

Similar wording

You can see here, 40-100 block of Lancaster, 40-89, 40-91, 40-96, and on and on.

Similar wording

Pretty impressive list of neighbors and support.

Similar wording

This is the Lancaster Avenue Commercial Corridor Development Plan study.

Similar wording

I just wanted to point one or two things out.

Similar wording

The potential income generated by rents from the upper floors may stabilize income for property owners, which will help in this case in particular, who may also be business operators, which Ms. Phillips is, increase foot traffic in the area and increase protection of existing building stock, some of which are architecturally and historically significant buildings.

Similar wording

Again, for perspective for the board, these are some photographs of the front of the building, as well as the interior well-appointed apartment.

Similar wording

An aerial view, this is the property right here on Lancaster Avenue, surrounded by businesses on left and right.

Similar wording

And this is the front of the building. Our notice sign is to the right.

Similar wording

This door leads up to the one bedroom apartment.

Similar wording

The roll-top gate is for the event space called Plush Events Venue, which is owned and operated by Ms. Phillips.

Similar wording

This is with the roll-top gate, exposed interior space, again, just to show the board that it's really a top-shelf organization and fit out.

Similar wording

This is the one-bedroom unit.

Similar wording

The plans, I'll be brief, Mr. Chairman. Basically, on the first floor is the event space, which has been ongoing since 2022. And this is the one-bedroom apartment. I'll blow it up a little bit more.

Similar wording

a living dining area in the front uh kitchen one bath uh excuse me living dining area in the middle

Similar wording

uh additional kitchen area and sitting space in the front with a one bedroom in the rear

Similar wording

uh the rest of the documents mr chairman are pro forma documents you would see

Similar wording

our application uh the zoning map indicating this is a commercial corridor cmx2 the deed to

Similar wording

the property, indicating that my client owns the property. Notice of mailing to the surrounding

Similar wording

area, and that is the presentation. So basically, Mr. Chairman, we're asking that the second floor

Similar wording

of this commercial space on the first floor be used for visitor accommodation as per the application.

Similar wording

We are not affecting anyone's light or air. We're actually in conformance with the business plan

Similar wording

development for the 4,100 and the 4,100 block of Lancaster Avenue. We have overwhelming support

Similar wording

from the near neighbors and surrounding neighbors on the residential properties in the neighborhood,

Similar wording

as well as support of several RCOs, as evidenced by the letter that I've attached to this

Similar wording

presentation. So with that, Mr. Chairman, I would rest and ask my client if she could unmute herself

Similar wording

so she could adopt my testimony. Okay, thank you. Ms. Phillips, could you raise your hand

Similar wording

and be unmuted? Yes. Hi. Good morning. Good morning, Ms. Phillips. Could you state your

Similar wording

name, please, and spell for the court stenographer? Akia Phillip, A-K-I-A. Last name is P-H-I-L-L-I-P.

Similar wording

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

Similar wording

Yes, I do. Proceed, counsel. Ms. Phillips, were you on the call when I presented your project for

Similar wording

the visitor accommodation request? Yes. And if you had the opportunity to testify, would you adopt

Similar wording

my testimony as your own and as true and correct yes i would could i could i please just add one

Similar wording

thing sure so on the second floor there is the visitor accommodation is for a one beer room

Similar wording

in studio apartment that's up there so it's two units that's on the top that the visitor accommodation

Similar wording

apartment that's up there so it's two units that's on the top that the visitor accommodation

Similar wording

is needed for um the studio slash efficiency and the one bedroom thank you you're welcome

Similar wording

is that on the drawings

Similar wording

why mr chairman was that on the drawings let me go back

Similar wording

I have to open this up again

Similar wording

I can't access that.

Similar wording

Let me see.

Similar wording

Is that visible, Mr. Chairman?

Similar wording

I don't see anything, Henry.

Similar wording

Well, I did show the one bed.

Similar wording

I didn't explain it, but it's a one bedroom efficiency.

Similar wording

There's a one bedroom and an efficiency.

Similar wording

So in the photographs, I'll try to bring that back up.

Similar wording

I have to share my screen again, Chairman. Sorry for this.

Similar wording

Is that visible now?

Similar wording

Yeah, we see that.

Similar wording

Right, so studio in one bedroom.

Similar wording

The picture before there is the studio.

Similar wording

The one right before there, that's the studio.

Similar wording

Right, right there.

Similar wording

and then the other the next one that's the studio okay there's yeah okay that's the pullout couch

Similar wording

sorry about that mr chairman there's a studio apartment right and then a one bedroom part yes

Similar wording

yes mr chairman and the studio has a it has a bathroom hillary do we have to make note of that

Similar wording

anywhere um i don't believe so mr chair since this is this is visitor accommodations and not

Similar wording

dwelling unit all right good thank you um questions from the board no mr chairman

Similar wording

no chair questions or comments from our attorney hillary emerson

Similar wording

mr chair i just wanted to note that um there was a variance previously granted for two family

Similar wording

household living on the second floor so there are two recognized dwelling units on the second

Similar wording

floor already all right thank you um so that's not a problem thank you um questions or comments

Similar wording

from the virtual audience i do not see any further answer mr chair okay planning commission

Similar wording

thank you chair bergman ean egerton for the philadelphia city planning commission

Similar wording

board members the comprehensive plan recommends a zoning map amendment from cmx2 to cmx 2.5 at

Similar wording

this location given the existing second story space in this building and the surrounding uses

Similar wording

which are primarily commercial,

Similar wording

City Planning Commission recommends

Similar wording

that the board grant the variance

Similar wording

for visitor accommodations.

Similar wording

Thank you.

Similar wording

MI 2023-002-062-4087-1-2 Lancaster Avenue.

Similar wording