The Upper Holmesburg Civic Association has rejected a local landlord’s effort to legalize four auto body shops and four residential apartments on a half-acre industrial property.
During the civic group’s monthly meeting on Oct. 20, about 30 neighbors produced a unanimous “no” vote in response to Joseph Smith’s zoning application for 8575 Torresdale Ave. The vote was done by secret ballot, but members indicated through questions and comments that they don’t think it’s a good idea to let people live so close to as many as four auto painting booths. They also don’t like that the property has been cited 171 times in the last decade for code violations. Smith has owned the property throughout that time.
The Zoning Board of Adjustment was scheduled to hear testimony on the application on Tuesday and possibly issue a formal ruling.
Neighbors have been acutely familiar with the site for years. Masonry construction covers virtually the entire half-acre property. The two-story building has one commercial garage and a business office facing Torresdale Avenue, as well as three more garages facing Strahle Street. A second floor covers most of the commercial space.
Historically, the property has housed auto body shops and other commercial uses, neighbors say. A former owner may have lived upstairs. Smith bought the site in 2001.
City records show that in the last decade, inspectors have issued 171 code violations at the address for a myriad of issues including licensing, permits, electrical and fire safety. All but 19 of the violations have been marked as resolved, but some of the open violations involve hazardous material maintenance, welding activities, fire extinguishers and no smoking signage.
In addition to the litany of inspections and violations, city records document several zoning cases involving the property.
In 2009, Smith went to the zoning board to get approval for three second-floor apartments. Because the property is zoned for industrial use, he needed a zoning variance for the mixed residential use, and he got it. It isn’t clear from online records if Smith had converted existing rooms to create the apartments or if he had built a second-floor addition.
Last year, the owner again applied for zoning relief. His attorney, Shawn Ward, explained at last week’s civic meeting that Smith had converted the first-floor business office into a fourth apartment. But he needed another variance to make it legal.
At the time, UHCA members did not oppose Smith’s application on condition that there would be no auto body shops or spray painting allowed anywhere on the property. During an ensuing zoning board hearing, the panel granted Smith the variance and imposed the civic group’s requested stipulation.
But Smith never agreed to the stipulation, according to his attorney, and was unwilling to accept it. He didn’t want to evict two auto body shops that were already doing business in the building. In essence, he chose not to follow through on his own successful zoning appeal.
The city didn’t like that. When an inspector discovered that two auto body shops were still operating there, the city sued the landlord. According to Ward, Smith settled the case by agreeing not to rent out the first-floor apartment until further action by the zoning board.
In unrelated meeting business:
• The UHCA approved unanimously a local woman’s application for a child day care permit. Nakisha Lewis has been operating a daycare for up to 12 children at her home on Ashburner Street for the last eight years. At first, she had a three-year temporary permit. Then she got a five-year permit. She’s now seeking a permanent permit.
UHCA Zoning Chairman Paul DeFinis said he is unaware of any complaints from neighbors about the daycare. Lewis said she had no changes planned for the center.
• Nance Kerns of the Friends of Pennypack Park reported that police from the 8th district recently conducted targeted enforcement at the park entrance on Frankford Avenue near Ashburner Street. Police stopped dozens of people trying to take beer and other alcohol into the park.
Kerns encouraged neighbors to call 911 whenever they see something wrong in the park. Even if police don’t show up right away, they will log the call. Then police commanders can use the high volume of calls in the log to justify placing more resources in the area. ••
