civus
Hearing video

ZBA Hearing - October 25, 2023

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

And whereas I guess the income is not necessarily the hardship, the hardship here would be to retrofit it to make it go back to two units.

Similar wording

You would have to change all of the utilities. You would have to rewire everything to retrofit.

Similar wording

Retrofit it would would just be excessive in cost as the hardship.

Similar wording

As you can see that each each of the units has their own water, hot water tank.

Similar wording

And again, notice and here's the letter of support from APM, which the board I'm presuming has received the copy of not just from me, but from from the actual community organization.

Similar wording

Yeah. Here is a copy of when my client went to purchase it, has downloaded a copy of the MLS, which indicates the the four total units, which is has been highlighted.

Similar wording

uh there's further proof of it being a multi-family dwelling he has it um approved for

Similar wording

the fire uh system so the the fire alarm system indicates that that it's been four units uh and

Similar wording

that each of them um have been um attached and uh i think that that's been there for a while

Similar wording

it's not as if he put the uh the system himself he just had it updated and finally we get back to if

Similar wording

you i don't think it's necessary to go through each and every one but if i can go back to the

Similar wording

table of contents to show the different properties that there are four family dwellings there are

Similar wording

several uh most of them are the ones that i've indicated and they're right next to each other

Similar wording

There's 1940 North 6th Street, 48, 50, and 52.

Similar wording

They're all around the corner from it.

Similar wording

They're all three-family dwellings.

Similar wording

On the same block is a three- and a four-family dwelling, and a block or two away at 20-25 is another four-family dwelling.

Similar wording

I'm going to stop sharing the screen for a second, and I'm going to share a different screen, if I may.

Similar wording

and this is actually just showing what the actual block looks like on

Similar wording

google maps as you can see the property is it's right here three

Similar wording

family again they're they're all um three-story properties single entrances

Similar wording

um and you can see look three trash cans here um so uh with that i guess um

Similar wording

i open it up for any questions bring your client on and adopt your testimony sure

Similar wording

uh again ernest peterkin is the client if we can uh bring them on

Similar wording

they've been allowed to speak

Similar wording

could you state your name and spell for the court stenographer

Similar wording

yes sir my name is ernest peterkin it is spelled e-r-n-e-s-t my last name is spelled p-e-t-e-r-k-i-n

Similar wording

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

Similar wording

yes sir i do please proceed counsel good afternoon mr peterkin did you have an

Similar wording

opportunity to uh listen to my presentation and my testimony yes i did uh would you uh agree to

Similar wording

its uh veracity and accuracy and adopt it as your own yes i do members thank you questions from the

Similar wording

board no mr chairman yes chair um council can you please clarify the relationship between

Similar wording

You, your client and PHA, please.

Similar wording

you, your client, and PHA, please.

Similar wording

I have no relationship with PHA and I don't think you said your client, your client, Mr.

Similar wording

Peter, can you have a relationship with PHA?

Similar wording

OK, I'm still here.

Similar wording

I rent primarily through PHA.

Similar wording

So low income houses.

Similar wording

Anytime I run out a building, we only accept we do our best to only accept clients with

Similar wording

vouchers.

Similar wording

So we do have a good working relationship with PHA. It's our goal to offer well-kept, remodeled, low-income housing through the PHA program.

Similar wording

Do this property have a current active lease arrangement?

Similar wording

With PHA? The first floor unit currently has a PHA tenant in place.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Chair, I'm going to recuse myself on this.

Similar wording

you're done is you going to recuse yourself or no yes okay all right um emily

Similar wording

no questions for me okay thank you um questions for our attorney hillary emerson

Similar wording

not at this time um questions or comments from the virtual audience

Similar wording

I do not see any hand

Similar wording

good afternoon chair members of the board this is Greg Walden planning commission staff

Similar wording

the comprehensive plan recommends no change to the existing residential multifamily zoning

Similar wording

the existing zoning supports two units in this 982 square foot lot two units had been permitted

Similar wording

for this property in 2012 however the proposed use is consistent with documented prior use of

Similar wording

the property and our I guess legalization and are consistent with nearby properties

Similar wording

the city planning commission recommends that the zoning board grant the variance

Similar wording

thank you Mr. Shahid will recuse himself from this vote Emily Persico will vote in his place

Similar wording

MI 2023-003-507-611 West Norris Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Emily Persico, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you. May be excused.

Similar wording

You most certainly can.

Similar wording

Have a great afternoon.

Similar wording

Number six, MI 2023. 003-509-4499 South Broad Street. Number T-71C-879660. Darwin Beauvais is the attorney. We do not have an RCO meeting. We don't have an RCO letter as of yet.

Similar wording

There's an issue also with a tax clearance.

Similar wording

Mr. Bovee.

Similar wording

Good afternoon, Mr. Chairman, members of the board.

Similar wording

Yes, what we do have is...

Similar wording

Just one minute.

Similar wording

My understanding is I swore you in once today, right?

Similar wording

Yes, yes.

Similar wording

You just identify yourself for the record?

Similar wording

Yes, Darwin Bovee, 1500 Market Street.

Similar wording

I represent the applicant of the Philadelphia Industrial Development Corporation.

Similar wording

And before you start, our vice chair just has a few questions for you, sir.

Similar wording

Mm-hmm.

Similar wording

Ish, you're on mute.

Similar wording

Ish?

Similar wording

Ish?

Similar wording

all right as soon as i get an unmute we're okay yeah in the meantime i do waive all right reading

Similar wording

of the uh refusal and stipulate to its accuracy okay fine proceed yes and i did submit my exhibits

Similar wording

within five days i'm sure you did okay so mr chairman members of the board um you you you

Similar wording

The board is astute to realize that there is a tax clearance issue.

Similar wording

When we went to file for the certificate and plug it in itself, it turned out that even though this is a quasi city agency that operates state authority, PAID, paid, which is the actual owner of the Navy Yard,

Similar wording

It turns out that that very strange tax issues came up.

Similar wording

If if if I could share my screen.

Similar wording

If I could share my screen, we go to the OPA.

Similar wording

And I want the board to notice that I'm on the OPA website and I want to do this exercise

Similar wording

in real time so that the board can see exactly what we are dealing with so as it comes out

Similar wording

it's $44.99 right yeah it's $44.99

Similar wording

as it stands it shows that we it shows that there's money owed even though the but from

Similar wording

2020 to 2018 no money was owed from 2017 money was owed 2016 and 2015 and all the while the owner has

Similar wording

been paid philadelphia authority for industrial development which is a state agency um when you

Similar wording

get to the description of the parcel. Let me see where we can get that.

Similar wording

Well, there are issues that actually describes the parcel as a religious institution,

Similar wording

that it's 5 million in square feet. There's a whole quagmire. So what I'm asking the

Similar wording

board to do is allow us to go forward and we'll submit a zero balance as as quickly as next week

Similar wording

let's hear the case okay thank you

Similar wording

so let me share my screen again and i would like to i would like to start off here

Similar wording

with the mat.

Similar wording

As you can see, this is the Navy Yard.

Similar wording

And this artery here is Broad Street.

Similar wording

And the subject of our hearing

Similar wording

is this inverted L jug handle,

Similar wording

which is the end of a key.

Similar wording

This is where we are.

Similar wording

um i don't know can everyone see my exhibit list yeah we can okay so what i'm submitting before

Similar wording

the board is a set of exhibits from 1 to 14 that includes our refusal i already explained the issue

Similar wording

of a tax certificate but the deed our application uh description of the end user as well as site

Similar wording

plans our memorandum of law uh our support letter from the civic and photos so with that said

Similar wording

we are our refusal is is for uh um having a marina related

Similar wording

uh uh industrial use in a cmx3 uh zoning classification

Similar wording

Now, if you can, let me see if I can do this differently. Now, the end user, let me go to page 34, is a towing company.

Similar wording

they have

Similar wording

they're looking to enter into a lease

Similar wording

they have fully negotiated

Similar wording

an arrangement with PIDC

Similar wording

and if you can notice

Similar wording

the inverted L

Similar wording

is a description of the marina

Similar wording

and it is

Similar wording

that portion

Similar wording

that is literally

Similar wording

beyond the land

Similar wording

beyond the Navy Yard

Similar wording

beyond the Navy Yard and actually sits in the water. And what we're looking to do,

Similar wording

and actually sits in the water

Similar wording

and what

Similar wording

or

Similar wording

they're looking to have enough docking for five tugboats. If you can look closely.

Similar wording

And there are 15 parking spaces along the north side, 14 parking spaces,

Similar wording

including two handicaps along the south side. There's landscaping along the dock as you enter

Similar wording

into the dock right before parking and this all in all is for the employees. So let's talk about

Similar wording

our end user. Moran Towing. They are, in essence, and you can, the board can read this along as part

Similar wording

of our exhibit, but in essence, they're an international towing company. They run tugboats

Similar wording

up and down the eastern seaboard, and I believe also in parts of the Gulf of Mexico. They've been

Similar wording

And they've been in this Philadelphia area for several years and have been operating on the Delaware.

Similar wording

But they've been renting out docking space docks both on the New Jersey and Pennsylvania side.

Similar wording

PIDC did convince them to make Philadelphia their own.

Similar wording

And this is what has taken place.

Similar wording

And ultimately, as you can see, at the bottom of this description, they'll have up to 32 employees, no more than 16 being on site for a typical day, but they will run a 24-7, 365-day operation.

Similar wording

There are a lot of boating activities on the border, and they find themselves to be a leader in the industry because they actually provide a service that few people can.

Similar wording

Again, so having said that, let's just look at where we are in terms of our zoning classification.

Similar wording

Again, here's our aerial, but the portion that I want the board to see, and again, I'm going to go on Atlas.

Similar wording

here so as you can see the the here's our dock right here this of course isn't this is still

Similar wording

part of the navy yard we were converted to cmx3 this is where pretty much a budding

Similar wording

I-3 industrial, this use, although the LNI does say that it goes beyond a CMX-3 classification,

Similar wording

I think we are close enough that we won't create such a negative impact amongst the other uses.

Similar wording

Lucky enough, it's the Navy Yard. The uses are pretty much limited more towards the interior.

Similar wording

There's not much in terms of commercial activity or industrial activity along the water directly, especially in terms of using the marina.

Similar wording

So what we are taking the position that we really don't have a negative impact when it comes to producing and any type of results from the activity.

Similar wording

And we actually met with the, with the, let me just pull this up again.

Similar wording

We met with the community.

Similar wording

Stadium neighbors.

Similar wording

Yes.

Similar wording

And I just want to show their letter.

Similar wording

and they decided to not oppose our application and this meeting was as recent as Monday

Similar wording

so Darwin could you make sure Hillary gets a copy of that yes yes

Similar wording

Yes, yes. And there's our notice, our certification of mailing, and part of our exhibits was to just look at the site going east.

Similar wording

and

Similar wording

So right now, the area is undeveloped, there is a gate, no entry, and it's right along industrial parcels, right along industrial parcels.

Similar wording

so another view and also the the activity will be taking beyond taking place beyond the gate

Similar wording

we'll be having the employees parking beyond there so we won't be crowding any other parking

Similar wording

parking or staging areas here's a view looking south here's a view of looking north and this

Similar wording

is our final view looking north along the gate so with that I will ask the board to

Similar wording

have Eileen Burak the general counsel to PIDC if she could be called up

Similar wording

oh it is past 2 30 i asked her to hold on so she may not be in the audience so uh i'm asking

Similar wording

the board to i am an office officer of the court and we are looking to asking the board to hold

Similar wording

their vote anyway because we're looking to produce

Similar wording

the tax information. Mr. Beauvais, we know you're an officer

Similar wording

of court. We'll accept your testimony. Questions from the board?

Similar wording

No, Mr. Chairman. Questions or comments

Similar wording

from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I do not see any hands, Mr. Chair.

Similar wording

planning commission good afternoon chair members of the board this is greg walden planning commission

Similar wording

staff the comprehensive plan um i'm sorry the comprehensive plan recommends no change to the

Similar wording

existing commercial mixed-use zoning this case is being refused for non-conforming uses in the

Similar wording

commercial or mixed-use zoning district however the proposed marine related uses are in line with

Similar wording

the documented use of the pier which is long long existing and traditionally used maritime

Similar wording

infrastructure that extends over the delaware river city planning commission recommends that

Similar wording

the zoning board grant the variance thank you mr bouvet we're going to hold the vote till we

Similar wording

straighten out the tax matter and we'll bring this back as soon as we can all right thank you thank

Similar wording

you the record is otherwise closed except for the tax uh documentation thank you that's correct

Similar wording

Thank you. Thank you, guys. All right. Number seven, MI 2023-001-536-6109 Market Street.

Similar wording

Alan Nockms is the attorney. There's letters of opposition and support from Achievability.

Similar wording

There's a letter of opposition from Councilman Jones, Councilmember Jones.

Similar wording

And the applicant did provide a petition signed by 25 people, 25 neighbors, I should say.

Similar wording

Good afternoon, Mr. Chair and members of this board.

Similar wording

Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

Similar wording

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

Similar wording

I do.

Similar wording

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

Similar wording

Yes, my client is Winfield Investments, LLC, and then in the virtual audience is Len Chang, its member.

Similar wording

Our vice chair has a few questions.

Similar wording

Good afternoon.

Similar wording

Good afternoon.

Similar wording