civus
Hearing video

ZBA Hearing - October 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20224h 18m

Number one, 2022-003-506-2013 Germantown Avenue, Parcel A.

Similar wording

And also, number six, MI-2022-003-511, 2013 Germantown Avenue, Parcelain B.

Similar wording

Both these cases are continued.

Similar wording

And also, number two, MI-2022-004-899-2236, Mount Vernon Street.

Similar wording

This case is continued.

Similar wording

And number four, MI 2022-003-316-5700 Wayne Avenue, that case is continued.

Similar wording

Number seven, MI 2022-003-505-1500 West Tioga Street, that case is continued.

Similar wording

And our last case to be continued is number 13. MI 2022-003-311-1023-27 Susquehanna Avenue. That case is continued.

Similar wording

to 27 Susquehanna Avenue, that case is continued.

Similar wording

Is there anyone has any comments

Similar wording

about the cases that have been continued?

Similar wording

Good afternoon, Mr. Chair.

Similar wording

This is Jason Hand.

Similar wording

I do not see any hands raised at this time.

Similar wording

Thank you.

Similar wording

Is there any other requests for continuances?

Similar wording

Once again, sir, no hands at this time.

Similar wording

Thank you.

Similar wording

And case number five, we have no exhibits. That case number is MI 2022-002-766-5843 North 2nd Street.

Similar wording

Helphus Perez is the listed applicant. This is no exhibits, third listing.

Similar wording

i do not see any hands for that uh person thank you mi 2022 002 766 5843 north 2nd street i voted

Similar wording

dismiss. Carol, you're muted. I always am. Carol Tenere, I vote to dismiss. Thomas Holloman,

Similar wording

I vote to dismiss. James Snell, dismiss. Ishmael Shaheed, dismiss.

Similar wording

Thank you. Is there any requests for withdrawals?

Similar wording

again i see no hands at this time we're going to go to the add one list

Similar wording

um carol you need to certify first i do um i believe i'm the tiebreaker on this this is

Similar wording

a very memorable address bill can you read the um the mi numbers and the address into the record

Similar wording

first then carol can certify thank you okay okay mi mi 2022 002 809 800 to 38 market street

Similar wording

and number two is mi 2022 002 808 800 to 38 market street both cases are being heard together

Similar wording

or voted on together.

Similar wording

Carol?

Similar wording

Yes, I can certify on the record

Similar wording

that I've watched the video

Similar wording

from September 14th, 2022.

Similar wording

And it's a no-brainer.

Similar wording

My vote is yes.

Similar wording

This is a very memorable address.

Similar wording

I have to put it on first.

Similar wording

So I vote yes with proviso.

Similar wording

Temporary variance to expire 11-1-23 for both cases.

Similar wording

Well, then my vote is yes for both cases with proviso.

Similar wording

Thomas Holloman, my vote is yes for both cases with provisos.

Similar wording

James Snell, my vote is yes on both cases with provisos.

Similar wording

James Snell Shaheen, my vote is yes on both cases with provisos.

Similar wording

Thank you.

Similar wording

Number three on our add-on list. MI 2021-004-665-5832-Old York Road. Let's see. I need Thomas Holliman and James Snell to certify.

Similar wording

Yes, I did watch the video.

Similar wording

Thank you, Thomas.

Similar wording

James Snell. I can certify that I did watch the video pertaining to the Old York Road case.

Similar wording

Thank you. Okay.

Similar wording

So for this, here we go here. I'll be right with you.

Similar wording

Did you all vote all over?

Similar wording

MI 2021 004-665-5832 Old York Road. I vote no.

Similar wording

no carol tenary my vote is no thomas halliman my vote is yes james snell my vote is no

Similar wording

thank you we're going to go to our regular list i'll be back in five minutes that's okay thank

Similar wording

Thank you. Number three, MI-2022-003-367-3016 in Richmond Street.

Similar wording

Matthew Lay Lee is the attorney.

Similar wording

There's a recommendation of support from the Southport Richmond Civic Association.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

I also want to note that we received a letter of non-opposition from Council Member Squilla.

Similar wording

oh that's great thank you sorry mr lindley has to promote it to panelists there yes

Similar wording

Sorry, Mr. Linley has been promoted to panelists. There he is.

Similar wording

good afternoon mr

Similar wording

Good afternoon, Mr. Chairman. My name is Matthew Liley, M-A-T-T-H-E-W-L-E-I-L-I.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client and relationship to the property?

Similar wording

Yes, I represent Jillian Schlesinger, who is a tenant at 3016 Richmond Street and the applicant.

Similar wording

Okay. Have you, all of your materials, deed, et cetera, photos, plans, have you sent them in five days in advance?

Similar wording

I have.

Similar wording

Proceed and start to share your screen.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Okay. As I stated, I represent the tenant at 3016 Richmond Street.

Similar wording

We're here today just to seek a referral, or I'm sorry, a special exception for a tattoo studio that they're trying to open.

Similar wording

I have submitted the following exhibits, the real estate tax balance, excuse me, the notice of referral, an RCO letter of support, the floor plans for the property, photographs of the interior and surrounding neighborhood,

Similar wording

the application for special exception, the affidavit of service, and also the lease.

Similar wording

So to start with the referral again, as I stated, this is a referral for a special exception.

Similar wording

In the CMX2 district, a body art service is not permitted by ride. It requires a special exception

Similar wording

from the zoning board. We did meet with the Southport Richmond Civic Association. They

Similar wording

voted overwhelmingly in favor of the project. The vote was 45 in support with eight opposed.

Similar wording

I'll show you the floor plans for the studio. The use is just contained to the first floor of the

Similar wording

property that's actually the back that's on the screen here so we can see from the front

Similar wording

there's a reception area toward the front of the property

Similar wording

and then there's four stations this is four areas where tattoos could possibly be done

Similar wording

and the owner has a business partner and it's just the two of them that are doing

Similar wording

tattoos in this space. So really, there's only going to be about two customers at a time

Similar wording

with, you know, maybe a couple in the waiting room. It's not a very high impact use.

Similar wording

There's also a restroom and then a sort of break area for artists, for the tattoo artists in the

Similar wording

rear. There's a backyard and that is where the trash cans will be stored. I'll go ahead to

Similar wording

the pictures of the interior of the space they're obviously not open for business yet they're still

Similar wording

obviously pending approvals of zoning and other uses but the interior space has been redone it's

Similar wording

very clean very modern very up to date it's very well done it's a good space for clients to come in

Similar wording

it's going to be well taken care of. And just to show you the neighborhood,

Similar wording

this is the building here, 3016 Richmond Street with T rows up above the window there.

Similar wording

It has a history of commercial use and there are other commercial uses on the block as well.

Similar wording

There's the trolley that goes right down Richmond Street. You can see the tracks there for

Similar wording

There's parking out front. There's also additional parking that's been added under I-95, which is just a block or two away from the property.

Similar wording

Parking really is no concern, especially, again, considering that there's only going to be a couple of clients in here at a time.

Similar wording

Again, just more commercial and semi-industrial uses that are present on the block, as well as traditional residential uses.

Similar wording

um and this property does have two apartments above the first floor that are retaining their

Similar wording

residential use um the orange posters have been posted excuse me and the application i don't

Similar wording

think i need to take you through all of that but it is included in the um materials that were

Similar wording

submitted. Affidavit of service again, mailings to the neighborhoods about the RCO meeting and

Similar wording

the zoning board hearing and the lease agreement between my tenant and the property owner John

Similar wording

and the lease agreement between my tenant and the property owner, John McDonald.

Similar wording

mcdonald's

Similar wording

Just to touch briefly on the nature of the business,

Similar wording

the plan is for it to be open approximately 12 p.m. to 8 p.m. from Monday through Saturday.

Similar wording

Like I said before, there is parking under 95 that's been recently added.

Similar wording

There's really no concern about on-street parking.

Similar wording

um you know a lot of guests will come either by foot or by public transportation as well

Similar wording

with trolley running nearby matthew is your client here they are um why don't you have

Similar wording

your testimony adopted sure that's fine uh jillian schlesinger um please raise your hand

Similar wording

question good if you're in the virtual audience please raise your virtual hand

Similar wording

matthew you're an officer of the court we will

Similar wording

but we have a um jay nagel with their hand raised that that might be that's fine that's fine i believe

Similar wording

that's her business partner hi could you hi could you state state your name and spell it for the

Similar wording

court reporter please i um jillian m schlesinger g-i-l-l-i-a-n-s-c-h-l-e-s-i-n-g-e-r right do you

Similar wording

swear for him to tell the truth the whole truth and nothing but the truth i do proceed counsel

Similar wording

jillian did you hear all of my statements today yes are they true and correct to the best of your

Similar wording

knowledge? Yes. Yes. And do you adopt them as your own testimony? Yes. Yes. Okay. Thank you.

Similar wording

Thank you. Questions from the board? No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I do not see any hands at this time, sir.

Similar wording

Planning Commission. Good afternoon, Chair Bergman and members of the board. David Fecteau, F-E-C-T-E-A-U with the City Planning Commission. David, do you swear a firm to tell the truth, the whole truth, and nothing but the truth? Yes, sir, I do. Proceed. Thank you, sir. Mr. Chairman and members of the board, the comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

Similar wording

the applicant has shown that the proposed body art services will have no more of an impact than

Similar wording

body art services would be expected to have and so the city planning commission recommends the

Similar wording

board grant the special exception thank you mi 2022 003 367 3016 richmond street i vote yes

Similar wording

carl tenary my vote is yes thomas holliman my vote is yes james snell my vote is yes

Similar wording

thank you counsel thank you number eight mi 2022 003 850 850 7801 state road

Similar wording

leonard reuter is the attorney along with mary costello

Similar wording

uh we're waiting on a letter from the holmesburg civic association

Similar wording

And there's a letter of support from Council Member Mike Driscoll.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

We did receive the letter from Holmesburg Civic this morning.

Similar wording

It is a letter of non-opposition regarding the use refusals, and they were deferring to the Planning Commission and or Parks and Rec regarding the heritage tree special exception,

Similar wording

as they had not had an opportunity

Similar wording

to look at the tree themselves

Similar wording

or get a report from an arborist about its condition.

Similar wording

Thank you, Hillary.

Similar wording

Thank you, Mr. Chairman.

Similar wording

You've already been sworn?

Similar wording

Thank you, yes.

Similar wording

Well, I was sworn earlier this morning

Similar wording

on a different matter,

Similar wording

but I think that would carry over.

Similar wording

We're good with that.

Similar wording

Is there anybody with you?

Similar wording

You're alone?

Similar wording

Yeah. No, I'm here again with Mary Costello. And also, I would ask if you could promote Rustin Ehler and also Catherine Farrell and Mava Donnan.

Similar wording

OK. Is Mary Costello on yet?

Similar wording

Yes, Mary's here.

Similar wording

Hi, Mary. Could you state your name and spell for the court reporter?

Similar wording

Mary Costello, M-A-R-Y-C-O-S-T-E-L-L-O.

Similar wording

do you swear for him to tell the truth the whole truth nothing but the truth

Similar wording

i do thank you and i would also ask uh if katherine farrell could raise her hand if

Similar wording

Catherine Farrell could raise her hand if she's in the audience.

Similar wording

she's in the audience

Similar wording

She may be.

Similar wording

She's been promoted, sir.

Similar wording

Okay, great.

Similar wording

And Maeve Donnan, I don't think Maeve will be speaking, but she may want to be promoted as panelist as well.

Similar wording

Ms. Donnan and Ms. Farrell are both principals for the entity that will be operating the proposed facility on behalf of the city.

Similar wording

all right katherine could you state your name please and spell for the court reporter

Similar wording

yes um katherine farrell c-a-t-h-e-r-i-n-e farrell f-a-r-r-e-l-l you swear from tell

Similar wording

the truth the whole truth nothing but the truth i do and there's one more right mabel did i hear

Similar wording

that right? Yes. Mabel? Maiva. Maiva. Hi, yes, it's Maiva Donnan, M-A-Y-V-A Donnan, D-O-N-N-O-N.

Similar wording

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

Similar wording

I do. Thank you. Proceed. Mr. Chairman, I need to be sworn. Yes, I was about to say so. Thank you.

Similar wording

Okay. Could you state your name and spell for the court reporter?

Similar wording

Sure. Rustin Oller, R-U-S-T-I-N, last name Oller, O-H-L-E-R.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed.

Similar wording

Thank you. I want to just tee up the project briefly because it's a first for Philadelphia.

Similar wording

The proposal here is to take a portion of the property located at 7801 State Road, which is owned by the city, has been owned by the city of Philadelphia since roughly 1903 or thereabouts.

Similar wording

And we're going to use a portion of that property to construct 28 tiny homes.

Similar wording

And tiny homes is a term of art.

Similar wording

But these are very small residential units that can house a single person, will have a bed, there will be a microwave oven, a small amount of storage space.

Similar wording

And the intention of this project, which is called Sanctuary Village, is to take very vulnerable persons off the streets of Philadelphia, that is unhoused persons, and to provide a transitional safe space for them to feel safe and secure and to try to get back on their feet.

Similar wording

And after a period of time, they would then transition, hopefully, into a more permanent housing and living situation.

Similar wording

The property, the residents are going to be limited to single middle-aged women who are among, if not the most vulnerable unhoused population that we have.

Similar wording

so um without you know my going through uh all the specific details again i think the

Similar wording

the refusals we have uh one for parking uh we're not we're not challenging the refusal uh we but

Similar wording

that was that's simply the the we're using a portion of 7801 is a very large property there's

Similar wording

actually something like 500 spaces available on the property they just weren't shown uh we didn't

Similar wording

show the entire site on the plan but that's fine i mean we're not challenging refusal we're okay

Similar wording

with that um and then also again the remove the the use itself while um it is a it is technically

Similar wording

a new use this property historically uh has been used as a a site for persons who have

Similar wording

been somewhat deprived in life going back to the turn of the century this was the site of what

Similar wording

used to be called an almshouse uh and then for many years after that it was used as a home for

Similar wording

the for the aged and destitute and then it just became a home for the it was for the aged um and

Similar wording

that was again by that was most recently um at the riverside home for the aged which i think

Similar wording

dates back technically to 1984, although the use of the property for that purpose predates that by

Similar wording

some time. So, while- Leonard, do you have any documents you want to put up? I think what I'm

Similar wording

going to do at this point is we're going to pass it off to Mr. Oler, who's going to do a very quick

Similar wording

presentation, and then Ms. Farrell will then talk about the project itself. Okay, thank you. Thank you.

Similar wording

Hi, Mr. Chairman and board. I'll try and be brief, and then I can go back if you have any questions.

Similar wording

So again, Lauren went over the overview of the mission and what this is.

Similar wording

Because it's new and different, we have a presentation about kind of what the organization is, but I'll summarize and skip through that.

Similar wording