civus
Hearing video

ZBA Hearing - June 14, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jun 14, 20235h 49m

here separately received it was issued yesterday by david salini forwarded to the board council

Similar wording

today is our new refusal which i know some community members were curious about as well

Similar wording

so we received as i said our refusal for a bakery on the ground floor with two family

Similar wording

households living above we had requested this reconsideration due to this new tenant

Similar wording

and due to the fact that we had received numerous signatures in support

Similar wording

of this project in terms of reconsideration from other members in the immediate area as well

Similar wording

a reconsideration request was granted on may 9th this is on page 7 of my packet

Similar wording

and then we requested leave to amend our refusal

Similar wording

on that same day at page 8 of my packet like i said we only received that refusal today

Similar wording

here's what our latest proposal is members of the board because there were concerns about

Similar wording

what sort of tenant would be going in dotty's donuts is going to be our tenant members of the

Similar wording

board which is a local donut shop and i believe they may be vegan which has several locations

Similar wording

throughout the city and it's going to be a takeout shop they're only going to be serving coffee

Similar wording

donuts bagels they'll have a little bit of seating in the interior of the property but

Similar wording

that's about it we do have one of the rest of the principles of dottie's donuts on the line today

Similar wording

i hope they're still on at least only because the this presentation uh is running a little late

Similar wording

later than usual uh some concerns about the property uh initially were whether the

Similar wording

hours of operation would be open too late i believe passion square civic association was

Similar wording

concerned that the property not be open any later than 9 p.m uh considering this is a donut shop

Similar wording

they're going to start baking earlier in the morning initially at this property they're not

Similar wording

planning to begin baking here they're going to be bringing everything in from their west

Similar wording

philadelphia location but they will eventually hope to start baking here at this location which

Similar wording

will begin around 4 30 a.m retail store is going to be starting to open around 7 a.m and they'll

Similar wording

closing at 3 a.m monday through friday and 8 a.m to 3 p.m on saturday and sunday

Similar wording

we're hoping that this is going to be primarily foot traffic at this location

Similar wording

considering its location on 13th street and breed it's most of the other locations that the are

Similar wording

that exist in the city are also being serviced by foot traffic as well

Similar wording

this is my client's tax clearance certificate

Similar wording

This is a reposted zoning notices you'll note that we don't have the reposted new refusal in this instance members of the board and that's because, again, we received that earlier today, but we can see this is the corner property just to refresh the board's recollection. This did previously used to be a veterinary clinic on the ground story, and I believe it was either one or two units above

Similar wording

We have Faraghali's Bakery directly across the street at 13th and Reed.

Similar wording

We have commercial use. I'm not sure if this is a daycare or something else at this point, members of the board. There have been previous applications put in, but this is residential units of Bob and commercial use on the ground story.

Similar wording

And then we have the park directly caddy corner. So this is going to be a perfect location for a takeout donut shop for folks who want to take the dog for a walk, have a nice time in the park, go to the dog park afterwards, grab a cup of coffee on their way to the subway, anything along those lines as well.

Similar wording

The proposal for trash storage is going to be in the rear of the property.

Similar wording

What I have here, members of the board, is the original zoning packet that we submitted back at the first zoning hearing, and I'm happy to review all that as well.

Similar wording

I just want to remind the board of a few things without belaboring the points.

Similar wording

without belaboring the points this is the area zoning map this is page 33 of 102

Similar wording

This is the area zoning map. This is page 30.

Similar wording

of our original of our zoning packet here so we have our park here

Similar wording

the bakery directly across the street is owned cmx2 um i believe the daycare with the

Similar wording

with the residential units above caddy corner to us is on cmx2 we have the park here

Similar wording

and then this is our subject property along 13th street

Similar wording

And just to further orient us, yellow here, this is Broad Street, so we're located in between the Acme and Broad Street.

Similar wording

My client's deed. And these are all the other materials that were previously submitted. Now, members of the board, what I'll do as well is I'll get to the proposed layouts as we were looking.

Similar wording

So the commercial space at this point is kind of a blank box.

Similar wording

We don't have the entirety of the interior layout completely sketched out yet.

Similar wording

We had some previous suggestions that were put together by our architect, but those weren't necessarily to be put in stone at this point.

Similar wording

But we intend to have a service counter.

Similar wording

You go in, you pick up, you order your donuts or coffee or your bagel, you grab it, you go, you're on your way.

Similar wording

Above that is going to be two units.

Similar wording

On the second story, we're going to have unit one,

Similar wording

which is a 645 square foot two bedroom unit.

Similar wording

We can see the layout here, bedroom at the front,

Similar wording

bedroom at the rear, bedroom bathroom,

Similar wording

kitchen living in the middle.

Similar wording

And then on the third story, unit number two,

Similar wording

it's gonna be 530 square feet.

Similar wording

And that's a one bedroom unit,

Similar wording

so it's slightly smaller than the two bedroom unit.

Similar wording

Now, why are we asking to have this at this location? Well, it's due to the peculiar setup of the property and the fact that it was previously used for quite some time as a veterinary members of the board, particularly as well.

Similar wording

This location, as close as it is to Broad Street, it makes perfect sense to have some sort of takeout restaurant or some sort of food establishment on the ground story.

Similar wording

um if i may simply reference the letter that was sent by

Similar wording

pardon me for one second members of the board i seem to have lost passion squares uh letter but

Similar wording

it is in our file uh but just to reference passion squares uh initial letter that was

Similar wording

sent out which was non-opposition um they were not in they were not opposed to our application

Similar wording

so long as we had something similar to a takeout restaurant whereas when we previously filed this

Similar wording

application it was for a vacant commercial use and after which there was a different

Similar wording

tenant that was proposed now we have a proposed tenant that is dotty's donuts that has several

Similar wording

locations throughout philadelphia and i hope that alleviates neighbors concerns about things

Similar wording

like trash storage which will be in the rear of the property um neighbors had other concerns as

Similar wording

well that we'd be happy to address i don't want to take up more time but i understand there may be

Similar wording

significant number of neighbors still on the call that i'd like to be able to address their concerns

Similar wording

and turn as they bring them up with my client and with a representative of bodies donuts if they're

Similar wording

still on the line now patrick are you still available and if you are please raise your hand

Similar wording

been allowed to speak. Mr. Duffy, state your name and spell please for the court stenographer.

Similar wording

Good evening. Patrick Duffy, P-A-T-R-I-C-K-D-U-F-F-Y. Right. Do you swear or affirm to tell

Similar wording

the truth, the whole truth and nothing but the truth? Yes, I do. Proceed, counsel. Okay. Now,

Similar wording

Patrick, I wasn't present at the initial community meeting with respect to this parcel,

Similar wording

But have I essentially gone through the community's concerns to the best of your knowledge, information, and recollection?

Similar wording

Yes, you have.

Similar wording

Okay. Are you aware whether the representative of Dottie's Donuts is still on the line at this point?

Similar wording

Yes, the two owners are currently on the line.

Similar wording

Fantastic. Now, Patrick, previously in this location, what were you proposing to have as your tenant?

Similar wording

It was another takeout restaurant. However, the hours were slightly different.

Similar wording

they were more of a lunch dinner uh type of establishment whereas this one would be

Similar wording

breakfast lunch and then close at 3 pm all right is there anything else you'd like to add at this

Similar wording

time patrick um not too much i'd just like to state that i am a neighbor i live a block away

Similar wording

from this location and um i own another building that's very similar to this proposal that we have

Similar wording

And I own another building that's very similar to this proposal that we have.

Similar wording

And many of the neighbors are familiar with the other building where Reanimate or Coffee currently is.

Similar wording

And I think many of them are happy with how that building turned out.

Similar wording

And I'd like to do something similar here.

Similar wording

Great. Thank you, Patrick.

Similar wording

The board may have more questions for you.

Similar wording

Oh, pardon me.

Similar wording

With respect to my testimony today, do you adopt it as your own?

Similar wording

Yes, I do all right. Thank you very much members of the board. If you have any questions for questions, questions from the board.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience.

Similar wording

I'm sorry. Mr. Steve Fabiani has his hand raised.

Similar wording

so we'll allow him to speak

Similar wording

sir could you state your name

Similar wording

please and spell for the court stenographer

Similar wording

S-E-V

Similar wording

F like Frank

Similar wording

A-B-I-A-N

Similar wording

do it one more time

Similar wording

you were breaking up a lot

Similar wording

yeah I'm sorry about that

Similar wording

I hear some

Similar wording

maybe somebody needs to mute

Similar wording

S-T-E-V-E

Similar wording

as in frank a b i a and i right do you swear or affirm to tell the truth the whole truth and

Similar wording

nothing but the truth i do are you a neighbor i am mr chair my property is about 45 feet away

Similar wording

from the subject property i'm here in opposition to this variance also opposition to reconsideration

Similar wording

at all i've submitted a letter that argues against the claims made by counsel's reasons

Similar wording

for reconsideration and would ask the board accept that letter as testimony um thank you

Similar wording

okay uh this is another case of a single family property that for a time had a doctor's office

Similar wording

as part of the doctor's home council's arguing that this represents oppressive use which is

Similar wording

absolutely false does not reflect the long history of the property or the neighborhood

Similar wording

also of note substantial concern about traffic and parking which is already problematic in it

Similar wording

we cannot afford to lose more parking spaces to private driveways or loading zones and finally

Similar wording

I'd like to note for the record that there have been some veiled personal insults on social media

Similar wording

this week against those neighbors who are opposed to the granting of the variance including by one

Similar wording

individual who claims to have I object to this testimony so Mr Fabiano I we we understand that

Similar wording

but let let's just concentrate on where you stand right now I I stand in opposition to the to the

Similar wording

variance I believe this should be a single family home as it has always been um and as the as the

Similar wording

city as the Philadelphia City Planning Commission hearing matter that's all okay Mr. Fabiano thank

Similar wording

you thank you very much thank you are there other hands up Jason yes sir I have a hand up from

Similar wording

Ms. Jennifer Gallo.

Similar wording

Hi, could you state your name, please, and spell for the court sonographer?

Similar wording

Yes, my name is Jennifer, J-E-N-N-I-F-G-A-L-L-O.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

Are you a neighbor?

Similar wording

I am a near neighbor, yes.

Similar wording

Okay, and if possible, could you, you know, what we're trying to do with this so people can have their say,

Similar wording

but try to concentrate on something different than what's already been said. I think Mr. Fabiano

Similar wording

laid out a thing. So please see what you can give us that's. Sure. Yes. Yes. I am also in strong

Similar wording

opposition to this, the request for variance and reconsideration, not only for the reasons that

Similar wording

Mr. Fabiani laid out, but also with regard to this particular corner being a very, I am at 1401,

Similar wording

south sorry 1402 south 13th street so directly across from the property in question it is a very

Similar wording

busy corner there is already a lot of foot traffic a lot of car traffic a lot of bike traffic people

Similar wording

walking to and from dogs and babies the park the daycare going about their business um adding

Similar wording

another commercial property in a location that is historically zoned single family is a bad idea

Similar wording

for any neighborhood. It is also a potential safety concern given the amount of congestion

Similar wording

it is going to add to this particular corner. The idea that another food establishment is needed

Similar wording

in this immediate area is hard to believe. There are multiple takeouts.

Similar wording

hard to believe. There are multiple take-out and sit-down breakfast, lunch, dinner, coffee

Similar wording

establishments within two blocks of this corner. This proposal adds nothing to the neighborhood.

Similar wording

It also, the variance does not correct any hardship imposed by the existing zoning of the property.

Similar wording

thank you thank you for you taking the time to call in is there anyone else in the virtual

Similar wording

audience jason yes sir laurie mazer i've let him speak okay hi could you state your name please

Similar wording

and spell for the court stenographer yeah my name is laurie l-a-u-r-i-e mazer m-a-z-e-r

Similar wording

you swear or firm to tell the truth told truth nothing but the truth i do are you a neighbor

Similar wording

Yes, I live at 1426 South 13th.

Similar wording

So are you in favor of this or opposed?

Similar wording

I'm very in favor.

Similar wording

And I walk frequently with my children

Similar wording

and love the foot traffic and live

Similar wording

and think our block is incredibly thriving.

Similar wording

And we encourage foot traffic

Similar wording

by having citywide block parties for Halloween

Similar wording

and things like that.

Similar wording

So I think this is an amazing addition

Similar wording

and would benefit, yeah, the whole neighborhood.

Similar wording

And I'm enthusiastically in support.

Similar wording

Thank you for taking the time to call in.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, sir.

Similar wording

Jeffrey McMahon.

Similar wording

I've allowed him to speak.

Similar wording

Hi.

Similar wording

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

Similar wording

Jeffrey McMahon, J-E-F-F-R-E-Y-M-C-M-A-H-O-N.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

Are you a neighbor, sir?

Similar wording

I am.

Similar wording

I live on the same block down Reed Street.

Similar wording

Are you in favor of this or against?

Similar wording

I'm in favor of it.

Similar wording

Okay, thank you very much.

Similar wording

Could you give us a quick reason why, if it's different, especially the last person?

Similar wording

Yeah, I think the one context that I think hasn't been elaborated on is the fact that all corners of the park have commercial.

Similar wording

This is a dynamic and growing neighborhood and commercial area in terms of the park.

Similar wording

It activates the way that individuals use the park.

Similar wording

and have services that reflect that.

Similar wording

Dottie's Donuts is an excellent candidate for coming in

Similar wording

and not increasing driving and parking issues,

Similar wording

but rather providing services that people who are already there need.

Similar wording

And I completely support the application.

Similar wording

Thank you for taking the time to call us.

Similar wording

Is there anyone else?

Similar wording

Yes, Lisa Hallowell.

Similar wording

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

Similar wording

lisa hallowell l-i-s-a hallowell h-a-l-l-o-w-e-l-l right do you swear or firm to tell

Similar wording

the truth the whole truth nothing but the truth i do are you a neighbor i am okay are you for this

Similar wording

or against it against okay and if i we will we're going to take note that you're against it

Similar wording