not indicated for that so again it it is that's a decision and a determination that was made by
the city when they developed the comprehensive plan for the local lower school district um
so again we don't and and you know that's not part of the standard for uh obtaining a variance
anyway uh you know the fact that it might seem like a good idea to some people that's not the
basis for a variance what they need to establish here primarily in addition to other things is
they need to establish a hardship and they haven't done that again as Mr. Feynman indicated and we
agree it sounded like the only hardship that they had identified was the the city's
drainage and sewer easement which is a below ground easement which you know again would not
allow any kind of foundation uh any kind of structure that needed a foundation to be built
upon it but there are certainly uh tons of such easements throughout the city uh and it doesn't
necessarily stop all development uh and again we're not saying they have to adopt the same kind
of creative plan that mr fineman's client uh is apparently employing at their property but again
we don't believe that the existence of that easement uh creates a hardship that would
necessitate turning the property to a residential use i mean i don't see we don't see really what
difference it makes i mean if the easement is there and you can't build on it you can't build
a residential property on it you can't build an industrial property on it whatever you build has
to be built around it so why does that why is it any different uh just because it's an industrial
property that that part i don't think was established uh through this in this matter
So, again, I just want to wrap it up and just say that, you know, in terms of the harmful impacts, again, the board is required to consider whether a variance is going to conflict with the comprehensive plan.
And in this case, it clearly conflicts with the comprehensive plan, and we believe that it will also have a harmful impact on job creation and the city's intention and need to preserve industrial uses in areas where industrial uses have long been established.
So we don't want any erosion of those industrial sites.
So that's it for the city in closing.
Thank you.
Thank you.
Any members of the board, if I may respond to that.
What I'm showing now is, which was previously submitted as a CDR letter at page 37 through 39 of my packet.
we were actually praised by the civic design review committee for our design moreover we didn't
have the effect of any input of pidc during any community meetings or any cdr meetings
and from what i understand as a result while they took a look at our maybe took a look at our plans
we never had any sort of conversation with them whatsoever and i'm happy to allow if the board
would so grants the opportunity, my client, Mr. Clark, to speak as to that as well.
Mr. Chairman, I mean, we don't have any issues and we don't dispute that, you know, it's a nice
design. That's kind of not, the CDR makes a recommendation to the zoning board and those
recommendations primarily deal with things involving, you know, dimensional aspects, height,
massing, you know, how the property, the square footage, things like that. And they make
you know how the property the square footage things like that and they make recommendations
about whether or not they like the design and the board's required to to hear those recommendations
but the civic design review typically doesn't get into uses and what we're talking about is the use
of the property so I'm not here to suggest that we have any quibble with the design of the property
so I don't think it would be relevant to introduce any additional testimony on that I don't even
think mr fineman's uh raised any issue about the design of the property this is this is strictly
a uh our opposition at least is strictly based upon the use of the uh the proposed use not not
the design so i don't think we need to go and and that's why pidc wasn't involved in cdr it didn't
the design of the property it wasn't really relevant to them thank you thank you yeah mr
mobile i don't think we need to burn the record with that we appreciate the cdr and you went
through the process. You did all the right things as it relates to the application. Anyone else to
testify in this case? No hands at this time, Chair. Thank you. Planning Commission.
Thank you, Chairman DiCicco, members of the board, Ian Hegarty for the Philadelphia City Planning
Commission. The comprehensive plan recommends this property for industrial and commercial mixed use
has been established. This parcel is in the Lower Schuylkill Innovation District and this is
an industrial preservation district that's intended to create and preserve jobs for Philadelphians.
Our main objection here is that allowing residential development to encroach
on this industrial district will permanently impair appropriate industrial use of the
adjacent property. And this is one of the findings that are required to be heard for
use variances and we feel that this application clearly violates that finding it would also avoid
the comprehensive plan zoning recommendation to create a light industrial buffer in this location
between the existing row house neighborhoods and the existing manufacturing uses along the railroad
tracks and then finally the proposed variance is likely to expose residents of the proposed
residential development to the smoke dust and odors that are permitted as a matter of right
on uses in the adjacent industrial zoning district so we'd also like to note that while
the applicant has indicated that there will be affordable units on site these units are not part
of the mixed income housing bonus program and cannot be enforced by the city or guaranteed to
meet those requirements there will be nothing in the deeds of the property for example allowing
the city to enforce for affordable housing rent caps given all this we would recommend that the
board deny the requested variances. Thank you. MI 2020-010184, 1631 South 52nd Street, my vote is no.
Carl Tenere, my vote is no. Confessor Plaza, my vote is no.
James Snell, my vote is no. Thomas Holloman, my vote is no.
thank you uh case number cases there's three cases i'll read off now mi 2021 that's 000242
1720 north 22nd street mi 2021-000784 1744 north 22nd street and mi 2021-000242
1750 north 22nd street to my understanding that miss uh tenere was not present and i also believe
Mr. Holloman has a statement to make thank you Mr. Chairman I will now sign off because
I'm recusing from this these cases thank you thank you um chair um maybe I'm confused this
is Tanya these this wasn't going to go last
excuse me chair you're muted
muted you were but you're good now okay i have my apologies to everyone mr masters
no we're going to hold this to the end of the regular list which shouldn't be too much longer
oh thank you chair i'll get tom back yeah i have tom back my apologies um could i
could i just get a clarification i was logging in um as a panelist when mr holliman was speaking
i didn't hear what he said he was recusing himself so when we get to it uh he'll he'll
make his statement again and just to be clear chairman steve's not the applicant's attorney
applicant's attorney here he's the protestant's attorney here yes i understand thank you okay
here he's the protestant's attorney here yes i understand
all right thank you uh all right we'll go to the regular list i will now read off the
request for continuances uh for the 9 30 list case number four mi 2021-002-607
1938 North 24th Street is continued case number five MI 2021-002827
2132 North Darien Street is continued MI number case number six MI 2021-002
608-2235 South 7th Street is continued. Case number seven MI 2021-002-585-250 Byberry Road
is continued case number nine mi 2021-002-538-3549 sunnyside avenue is continued
excuse me sir you're muted again
oh please if anyone objects to those cases being continued please raise your hand at this time only
if you object to the cases i read into the record to be continued please raise your hand
no hands chair thank you is there anyone who would like to request a continuance or withdrawal
on the 930 list
no hair share thank you with that we'll proceed with case number one of the 930 list
mi-2021-002572-1025 arch street zen jin is the attorney of record philadelphia chinatown
development corporation sent a letter of non-opposition as did councilman mark squiller
and mr zen is coming in now as a panelist you
good morning good morning mr jen please identify yourself and i'll swear you in
Zen Jen, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.
We're referring to tell the truth, the whole truth, nothing but the truth?
Thank you.
Ms. Tenere has a few questions for you.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing?
And have you met with the RCO? And do you have a letter?
Yes, to all questions.
Okay, great. You may proceed.
Thank you. I'm going to go ahead and share with the board the exhibit package we have previously submitted.
As you can see, we have submitted the refusal, RCO letter, photos, plans, tax clearance, and related documentation.
In this particular case, what we're asking for before the board is located in Chinatown.
My client is a tenant at a CMX4 property where they have been operating as a karaoke lounge bar.
As the board might be aware that this is very popular within the Asian community.
what they are is they're small rooms where people come in, sit down, have food, drink, and they can
sing their hearts out in karaoke format. So there's no live performers, nor is there any kind
of live performances other than by the patrons themselves, if they choose to show off to other
people. So in this situation, it is, while it's being requested to be zoned as a nightclub private
club. It is not essentially a nightclub in operation. We explained this also to Philadelphia
Chinatown Development Corporation in our meeting with them. And based on the structure of the
property, they have a few provisals they requested as part of non-opposition, one of which is that
it's tied to the lease, which is a 10-year lease term. Secondarily, that the karaoke rooms will be
limited to 20 occupants and there's a bar lounge area that's limited to 60 occupants for singing
purposes for karaoke purposes um and and dancing will be limited uh as accessory to the karaoke
and dancing will be limited as accessory
to the karaoke performances.
So we have no issues with any of these requested provisals,
provided that the board finds that it is something
that it's enforceable through zoning.
We're happy to accept them.
Based on that, what the location is,
it's a tall building with residential above.
However, we're really talking about the first floor,
second floor and basement areas which are all part of the commercial business and again as you
can see it's a karaoke lounge and bar operation so while there is alcohol service and and there
is proper liquor licensing again the actual performances and saying everything will be
contained within mostly within private rooms. The the building itself has commercial trash pickup
You can see from the photographs the inside setup.
This is a teap area that's part of the overall building businesses.
Here's part of the restaurant area.
This is the bar lounge area that was mentioned.
This is one of the larger dining slash bar areas.
And then this is an example of one of the private rooms that is on the larger side.
So, again, everything within the building is self-contained into individual rooms where it is privately hired for the purpose of having dinner, some drinks, and, again, karaoke scene by the patrons, no live performances.
with the operation it is not unusual to have in Chinatown nor is it outside of what I believe
CMX Ford contemplates for business services based on the above we would ask the board's
favorable review of this matter and grant the request of variance with the stipulations and
provisals that the board may wish to include within any decision I'll be happy to show the
board. The floor plan, which is extensive and kind of hard to understand, but if the board wants me
to zoom into any particular aspect of that, I will be happy to do so. But again, this is an overall
karaoke business. Here are the individual rooms, again, on the plans and dining area here and
dining area here as well. So again, this is a pretty extensive sized restaurant karaoke operation.
uh again be happy to redirect to any particular exhibit the board would like to see in a
more up close would any board member like to have
regarding the floor plans
thank you getting feedback mr jen you have a client to adopt your testimony uh yes uh
billy wong should be with us um if billy if you could raise your hand on the zoom app to be
identified i have a william wong could it be him oh yes william wong yes that's correct
good morning mr wong please identify yourself spell your name
good morning chair uh my name is william last name is w-o-n-g
you swear or affirm to tell the truth the whole truth nothing but the truth
Yes, sir.
Thank you.
Mr. Jin?
Thank you.
Mr. Wong, you heard my testimony and saw my presentation to the zoning board?
Can you verify that what I've explained to the board and represented and testified are true and correct?
And you would adopt it as your own testimony?
Absolutely.
Thank you.
Any questions from the board?
No, Mr. Chairman.
Now, if anyone else would like to testify in this case, please raise your hand.
Yes, Chair, we have a person by the last name of Wu.
Hi, this is Chair Wu.
Hi, please spell your first and last name, ma'am.
First name Y-U-E, last name W-U.
You swear or affirm to tell the truth, the whole truth, nothing but the truth.
Yes, sir.
Thank you. Please proceed.
Hi, this is Yue Wu.
I'm representing Philadelphia Chinatown Development Corporation, the RCO for the case.
I just want to reiterate that PCDC opposes the granting of a permanent variance because we don't want to allow nightclub in Chinatown area.
But we understand that the business owner is operating a karaoke business and has been operating the business for several years and only recently was required to get a nightclub license.
required to get a nightclub license. So we want, we hope to, hope the board to issue a temporary
variance tied to the term of the lease and also we would like the applicant to restrict the
variance to current use, current business owner and current use.
we have no issue with a temporary variance running with the lease
what is the what are the terms of the lease the lease expires on march 31st 2029
it's a 10-year lease
march 30 march 1st march 31st 2029 wow okay i want to point out i believe there's also an
option to extend the lease but i think that's a pretty substantial period
already so all right anyone else to testify in this case
no hands at this time chair thank you planning commission thank you chairman de chico ian
hegarty with the philadelphia city planning commission in 2014 the zone the zoning map
was amended uh in this area in accord with recommendations from the comprehensive plan