civus
Hearing video

ZBA Hearing - December 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 20, 20237h 17m

And then this is just a map from a Google Maps perspective.

Similar wording

And then photographs of the property. As you can see, this is a one-story structure, existing curb cut with an existing front garage.

Similar wording

This was more of like commercial industrial use.

Similar wording

So, again, in the residential neighborhoods, this was probably not the most appropriate use.

Similar wording

But, again, everything was allowed as a right for years.

Similar wording

So this neighborhood transitioned over.

Similar wording

And, you know, because of that, we feel like it's more appropriate to have residential use of this sort.

Similar wording

And then this is East Larley Street to the right of the property, to the left of the property.

Similar wording

It looks like there's an apartment building right here, too.

Similar wording

And then our plans and drawings.

Similar wording

So, you know, Mass Architecture Studio, who we love, who we always work with, or we work with a lot.

Similar wording

Again, did an adaptive reuse of the property, cleaned up that first story there, repurposed, you know, the front of the garage area, and then added two stories above.

Similar wording

Again, we don't, we have a technical refusal from a dimensional standpoint because this is a non-conforming building from a rear yard setback point of view.

Similar wording

But otherwise, there are no other dimensional refusals.

Similar wording

And then you can see here we have the four parking stalls on the first floor.

Similar wording

We have a trash room right here. We have a mail room right here.

Similar wording

So we're trying to do responsible use of this property. There's no basement use.

Similar wording

And again, you know, the floor plans are pretty basic.

Similar wording

There's two units on the second floor, two units on the third floor, each or two bedroom, two and a half baths.

Similar wording

and then you know we met with the community on September 13th 129 addresses were notified of

Similar wording

the meeting the list of the addresses proof of mailing to those addresses our application for

Similar wording

appeal that Mr. James filed along with the notice of refusal and then the deed showing that he owns

Similar wording

the property and then finally uh our uh proof that we he owes no real estate taxes um in connection

Similar wording

with his property ownership again i would ask that mr uh james james uh virtually raise his hand

Similar wording

john james yes hello how are you hi mr james could you state your name please and spell for

Similar wording

court stenographer my name is john james j-o-h-n-j-a-m-e-s do you swear or affirm to tell

Similar wording

the truth the whole truth and nothing but the truth i do please proceed counsel uh yes mr james

Similar wording

you heard everything i had to state today about your zoning matter yes and is it true and correct

Similar wording

yes and do you adopt it as your own testimony yes thank you questions from the board

Similar wording

no chair no chair questions or comments from our attorney hillary emerson

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

i see no hands planning commission

Similar wording

thank you chair bergman sarah bomb with the philadelphia city planning commission

Similar wording

the comprehensive plan recommends no change to the existing residential single family zoning

Similar wording

Due to the unique physical circumstances and conditions of the property, the appellant has shown that the property cannot possibly be used in strict conformity with the zoning code and that a variance is therefore necessary to enable its viable economic use.

Similar wording

Regarding the proposal for accessory parking, the appellant has not supported their hardship claim.

Similar wording

The City Planning Commission recommends that the zoning board grant the variance with the following provisos, maximum two dwelling units and no accessory parking.

Similar wording

yes i'll shortly respond to that yeah i'll shortly respond to it again this is a rather

Similar wording

large lot of 3 000 uh square feet um and i think the use of four units is appropriate under

Similar wording

circumstances and you know we should always repurpose you know parking when we can um and

Similar wording

here there this is a you know a great adaptive reuse of this property so we're doing one curb

Similar wording

cut and we're creating four parking spots that's that's a great use of of the property okay thank

Similar wording

you mi 2023 003 133 1941 to 45 east letterly street i vote yes

Similar wording

james snell my vote is yes

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael said

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

We will be seeing you later today, I understand.

Similar wording

A little bit.

Similar wording

Right, okay, thank you.

Similar wording

Number three, MI 2023-003-092-638 Christian Street.

Similar wording

Bern Anastasio is the attorney.

Similar wording

Harry Cook may be filling in.

Similar wording

There's a letter of non-opposition from the Bella Vista Neighbors Association.

Similar wording

and a letter of non-opposition from Council Member Squilla.

Similar wording

Harry Cook has been promoted to panelists.

Similar wording

Good morning, Mr. Cook.

Similar wording

Could you please state your name as spelled for the court stenographer?

Similar wording

Good morning, Mr. Chairman.

Similar wording

Harry Cook, H-A-R-R-Y-C-O-O-K, Law Office of Vernon Anastasio.

Similar wording

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

Similar wording

I do, sir.

Similar wording

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

Similar wording

I can, sir. My client is Jackie Starker. She is Gerigato, and they are tenants at the property

Similar wording

and the applicant on this project. Okay. Our vice chair has a few questions for you, sir.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its

Similar wording

accuracy? I do waive the reading of the refusal. I stipulate to the facial accuracy of the refusal,

Similar wording

But I do reserve the right to argue a definition as it relates to boarding of animals.

Similar wording

I have emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing.

Similar wording

Yes, sir.

Similar wording

Thank you.

Similar wording

Also, please proceed and share your screen.

Similar wording

Sure. Pleasure.

Similar wording

can everyone see my screen we can sir okay so what we have here today is a project

Similar wording

that is at 638 christian street uh the property is already zoned and has a permit for a sit-down

Similar wording

restaurant in front and what we're proposing is a cat cafe these are kind of avant-garde

Similar wording

sort of uh projects um popular in japan getting more so popular here where folk can come have a

Similar wording

cafe have some food from local bakeries and through a glass window view cats uh we've partnered with

Similar wording

the pspca for adoption of these cats and um we're going to go further into that but i just wanted

Similar wording

to start with the referral and refusal. So what we're proposing in terms of the cat cafe that kind

Similar wording

of new avant-garde use generated a referral. So it's a conditional use. It's presumed legal

Similar wording

so long as the use isn't out of the ordinary of what one might imagine or expect from the type of

Similar wording

use. My client has Amelie Bakery Bake Shop in Passion Square. She's ran that for many years.

Similar wording

She's a seasoned business owner and manager. No complaints there. So we believe as we get further

Similar wording

down the line that the referral and the proposed use that generated the referral for the special

Similar wording

exception is not going to impact the community. Now, if you notice on the refusal, proposed

Similar wording

boarding and other services is prohibited in this zoning district. Now, when we contemplate boarding,

Similar wording

I think we have a very specific understanding of it, right? You're going away for Christmas break,

Similar wording

you need to take your animal and you go get it boarded. That's not what's happening here. These

Similar wording

are unhoused cats. Philadelphia has about 400,000 feral cats. It's a public health crisis.

Similar wording

They predate on native bird species. They can spread disease. So it's very important

Similar wording

to find homes for these cats, match people with the cats, so on and so forth. But in order to do

Similar wording

that, they have to remain in the property. Just as a veterinarian might keep animals overnight

Similar wording

for purposes of treatment, just as a pet store may have animals overnight for the purposes of sale,

Similar wording

that is more akin to what we're doing than boarding. No one's coming with their cat

Similar wording

and dropping them off. So that's just a little starter as it relates to

Similar wording

referral and variance. Without the variance, if the board agrees that it is boarding, this condition

Similar wording

If the board agrees that it is boarding, this conditional use that is presumed legal will not be able to go into effect.

Similar wording

This is where what the operation will look like.

Similar wording

So you come inside. You have the cafe in front. You have a hermetically sealed access area right here with HEPA filters, kind of like docking at the space station.

Similar wording

Right. There's an internal little chamber that you go so that there's no cross contamination that's required by the Philadelphia Board of Health.

Similar wording

It's by appointment only unless there's walk in.

Similar wording

We'll get into some of the numbers of how many cats and how many people as we go further down the line.

Similar wording

But essentially, you can come. You can gaze at the cats. You can meet the cats. You can adopt the cats.

Similar wording

here on the plans you'll see this first floor area is going to be cafe

Similar wording

cafe area here chamber through the chamber into the cat area the cats will be there overnight

Similar wording

again we're going to be using state-of-the-art HEPA filtration that was a concern

Similar wording

at the at the RCO meeting there were 26 people in attendance at the RCO meeting

Similar wording

only one vote was in opposition so nearly unanimous support or non-opposition to this project

Similar wording

here is the current condition at the property

Similar wording

here is a copy of the current permit for sit down eating drinking establishment

Similar wording

here is a copy of the lease from my tenant

Similar wording

and about the public policy behind it. So the mission is to save as many cats as possible in

Similar wording

Philadelphia. Again, there are about 400,000 feral cats. We have the largest, one of the largest

Similar wording

ratios of feral cat to people. Oftentimes, Philadelphians have to go outside of Philadelphia

Similar wording

County to go and adopt cats. We believe that this sort of cafe and adoption is important because

Similar wording

most people, 43%, prefer to rescue cats from shelters. So this gives another sort of flavor

Similar wording

to that. So you can visit the cafe for a drink. If there's walk-in available, you can go visit a cat

Similar wording

or you can make a reservation to see a cat.

Similar wording

You can then apply in person or online, again, in partnership with the PSPCA.

Similar wording

Applications are reviewed within 24 hours.

Similar wording

Provides a safe environment for encounters so that bond can be generated

Similar wording

between person and animal, which is so important.

Similar wording

And at any given time, there can be one cat per 18 square feet.

Similar wording

So we're probably looking at 17 cats and at most 22 people max in the cat lounge, which is the area that has the cats.

Similar wording

And children under 10 will be permitted under special kids events.

Similar wording

We also plan to have events, paint your cat, educational events, et cetera.

Similar wording

Awards of operation for the cafe on Monday through Friday or 7 a.m. to 7 p.m., Saturday and Sunday, 8 a.m. to 7 p.m.

Similar wording

The cat's visitation will begin around 10 a.m. on any given day, and they'll also get a little break period during the day so they aren't overstressed.

Similar wording

We believe it will offer a great community engagement for people to come, for book clubs, speed dating.

Similar wording

All of that is going to be generated in this very inclusive space.

Similar wording

Here again are some photos of the interior.

Similar wording

You have your coffee right here.

Similar wording

You see a kitty cat over here.

Similar wording

um blood pressure lowers uh as many medical studies have have shown uh so it's it's it's

Similar wording

a benefit for both the city in terms of removing feral cats from the street and finding that

Similar wording

partnership so um we met with the rco uh in october it was a well-attended meeting here

Similar wording

is a copy of the notice that was sent out. Again, 26 people were in attendance, including board

Similar wording

members. All board members voted in non-opposition. The council person is not opposed. And 19 members

Similar wording

of, excuse me, all members except one of those in attendance voted in favor. Some of the concerns

Similar wording

of the RCO were odor sequestration.

Similar wording

And, again, the bell chamber provides for odor sequestration between food service area and the cat viewing area and cat participation room.

Similar wording

And again, the bell chamber provides for odor sequestration.

Similar wording

We're using a special filter called Color Fill, which uses HEPA and carbon, which will be integrated into that chamber.

Similar wording

They will also be used standalone in the basement where trash and litter is stored.

Similar wording

There will be trash pickup at least once a week, twice a week, and more as needed if required by the RCO.

Similar wording

So I think we've mitigated against that main concern.

Similar wording

Also, there were questions about when trash pickup would take place, not too early in the morning.

Similar wording

So we're limiting trash pickup between 9 a.m. and 12 p.m. as well.

Similar wording

So, you know, the community, the RCO kind of sees this as a public benefit for the neighborhood and are excited for this to just get started.

Similar wording

Here's a proof of posting.

Similar wording

Here's posting on the outside.

Similar wording

And I do have my client here, Jackie Starter.

Similar wording

why don't you bring why don't you bring your client or adopt your testimony thank you miss

Similar wording

starker could you raise your hand they have been allowed to speak good morning could you please

Similar wording

state your name and spell for the court stenographer hi my name is jackie starker j-a-c-k-i-e-s-t-a-r-k-e-r

Similar wording

you swear or firm to tell the truth the whole truth and nothing but the truth

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Ms. Starker, good morning.

Similar wording

Did you hear and see my presentation today to the zoning board?

Similar wording

Yes.

Similar wording

Was it true and accurate to the best of your knowledge and understanding?

Similar wording

Yes.

Similar wording

Do you adopt it as your own testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Chair.

Similar wording

No, Chair.

Similar wording

Questions or comments 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 see no hands.

Similar wording

Harry, just one quick thing.

Similar wording

This use is limited to Suite A?

Similar wording

This use is limited exactly to the first floor and to the basement for storage and service.

Similar wording

That's correct.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

Hillary, is that okay?

Similar wording

as long as because the lease said suite a does that include both the basement and the first floor

Similar wording

um yes uh it does it is inclusive of the basement is that correct jackie

Similar wording

jackie is still there uh during my presentation to the rco it did include the basement that's

Similar wording

where trash will be stored uh and where additional hepa filters will be uh will be employed

Similar wording

yes it does include the basement okay thank you thank you um planning commission

Similar wording

thank you chair berkman sarah bond philadelphia city planning commission

Similar wording

in 2015 the zoning map was amended from cmx2 with this location in accord with recommendations from

Similar wording

the comprehensive plan the proposed use will not cause detrimental impacts to the neighborhood

Similar wording

beyond what might normally be expected.

Similar wording

The City Planning Commission recommends

Similar wording

that the Zoning Board grant the special exception.

Similar wording

Thank you.

Similar wording

MI 2023-003-092-638 Christian Street,

Similar wording

I vote yes with proviso,

Similar wording

use limited to first floor and basement.

Similar wording

Thank you, Mr. Chairman.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording