civus
Hearing video

ZBA Hearing - April 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20217h 7m

Thank you.

Similar wording

Yes.

Similar wording

Yes.

Similar wording

Sherman Toppin, S-H-E-R-M-A-N-T-O-P-P-I-N, and our address is 1800 JFK Boulevard, Suite 300.

Similar wording

Okay.

Similar wording

You're already under oath, but do you agree to await the reading of the refusal and stipulate to its accuracy?

Similar wording

That's correct.

Similar wording

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?

Similar wording

And have you met with the RCO? And do you have a letter?

Similar wording

Yes, we do. Yes, I have. Yes, we do.

Similar wording

Thank you. You may proceed.

Similar wording

I should be joined on our presentation with Mr. Malik Jones. He is the owner of the property. Perhaps he can raise his hand at this time.

Similar wording

Mr. Jones, can you put your name and address on the record and spell your last name?

Similar wording

Malik Jones, that's M-A-L-I-K, last name Jones, J-O-N-E-S.

Similar wording

And do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Mr. Toppin, you may proceed.

Similar wording

Okay, I am opening up the documents as we and I'll share my screen in one moment.

Similar wording

And the 13th Ward sent a letter of support.

Similar wording

Yes, so I can share my screen. I'll be working on that right now.

Similar wording

Is my screen visible to everyone?

Similar wording

Yes, we have it, Mr. Topkins, but we have your Zoom on the screen.

Similar wording

Okay, let me go ahead and shift the, are we in the right place now?

Similar wording

No, we're building forward with confidence, though.

Similar wording

yeah i think i think you might want to um open up your document and then unshare

Similar wording

yeah i have that i let me go ahead and just go back to

Similar wording

is that now share no you okay yeah now we have it okay yeah i have like too much open i'm sorry

Similar wording

about that okay so we're here today for um the property located at 46 10 to 12 north broad street

Similar wording

this is a property that is uh zone cmx 2.5 as you can see in my cover picture here this is the

Similar wording

exterior to the property facing north broad street the property has a rear side that will also be

Similar wording

visible and i'll move down to our pictures in just a few minutes um here's our exhibits we're going

Similar wording

to be sort of walking through these exhibits very quickly for the board um some of it has already

Similar wording

been presented as far as the refusal we actually there's a referral in this particular case so we

Similar wording

have that there um our second exhibit just our zoning registration how we got here uh third we

Similar wording

have our project information sheet which is already there of record um our application for

Similar wording

special exception is our next exhibit um here's our deed a little crunched up but we do have a

Similar wording

deed for the subject property which is here and as we move down we've got um tax certificate for

Similar wording

Mr. Millick Jones. It is good as of this moment and through the course of its ballot through 519,

Similar wording

2021, as you can see. And exhibit number six, this is the bird's eye layout of the property.

Similar wording

I want to take some time to sort of talk about this and the pictures that will follow.

Similar wording

So the property is a one-story structure. The structure sort of takes on a, has a little elbow

Similar wording

there north broad is facing this this side so you enter the property from north broad you would be

Similar wording

in there's this wide open empty space in this area here the visual is i can let me turn it around

Similar wording

okay so if you're coming in north broad you'd be coming into what's called restaurant seating area

Similar wording

it's about 18 feet wide by 42 feet long and then it takes an angle a short angle and this is the

Similar wording

proposed back side of the property so just to give you a sense of what is proposed here

Similar wording

as it exists today if you're on the beltville side this is the entrance there's a large commercial

Similar wording

kitchen that is existing already it just needs to be refurbished basically as you move through this

Similar wording

door there's a bathroom that needs to be refurbished and then there's the wide open area so there's not

Similar wording

and then there's the wide open area. So there's not much to the inside. The only thing needed

Similar wording

much to the inside

Similar wording

here is interior finishings, and we'll see some pictures in just a few minutes. What we're seeking

Similar wording

to do with this particular zoning application is for there to be in this restaurant

Similar wording

seating area. We're looking for, of course it's a different matter, but this is going to be

Similar wording

a catering scenario where the commercial kitchen will serve the folks that will be seated in this

Similar wording

area. The business, Mr. Malik Jones, operates currently a, you know, he's a vendor that

Similar wording

operates a chicken and rib establishment that will, I guess, a kiosk and grill outside in this

Similar wording

area already and has been doing so. And then so this family is now moving the operation indoors

Similar wording

and that's what's going to be accommodated by this zoning application. And so this is the

Similar wording

picture of the zoning notice that's posted on the property currently on the front and back. Now this

Similar wording

is what the inside, okay, this picture is upside down, let me turn it around. This is the inside of

Similar wording

the restaurant seating space. This is what it looks like right now. As you move down, this is

Similar wording

that elbow that turns around as it moves, so it takes an angle. This is that hallway as it angles

Similar wording

over. This is all in as it's conditioned right now. This is the bathroom, one bathroom that's

Similar wording

there, and this is the commercial kitchen that is existing. As you can see, everything kind of

Similar wording

needs an upgrade, and that's what the family would like to do upon getting zoned to proceed.

Similar wording

Here's another picture of that hallway. You can see that the bathroom is in this door that's in

Similar wording

the front and then this is the little pathway to the open seating area that i just showed you

Similar wording

and then this is the side of the establishment that faces belfield right here and so the family

Similar wording

was known as you know they served out of this out of this load historically there's no indoor seating

Similar wording

in this space they just cook here and basically have a vending of food outside so what is and

Similar wording

this is the north broad side so the two entrances depending on which side of the street you're on

Similar wording

you're looking at this side entrance or this entrance the north broad so basically in the

Similar wording

north broad this is where the family will have new signage new door entry completely prefurbished

Similar wording

and they'll go into the establishment and have seating for however many the the fire code permits

Similar wording

and that that's something that the fire code has up in their fire marshal and ellen i will be

Similar wording

determining when they have their their plans for whatever interior build out they're going to do

Similar wording

there but there will be no effect nothing but cosmetic increases to the outside of it and the

Similar wording

inside itself and so when we was there a question yeah if you could summarize it would be helpful

Similar wording

Oh, sure, sure. So at this point, we've had an RCO meeting. In that RCO meeting, we presented this to the RCOs and to the members of the community who are present.

Similar wording

All the members of the community unanimously approved this. This is our notice list.

Similar wording

They unanimously approved this particular zoning application.

Similar wording

Mr. Karn, who is the head of the RCO on the 13th Ward, provided a letter of support.

Similar wording

This establishment is right next to a very well-known other, you know, Mr. Sid Booker's establishment.

Similar wording

Everyone, very many people are familiar with that corner and that establishment.

Similar wording

And this is his neighbor.

Similar wording

We have support from everyone around.

Similar wording

And I simply would like to have Mr. Jones on at this time just to confirm what we've talked about as of this moment in time.

Similar wording

So, Mr. Jones?

Similar wording

Mr. Jones, please identify.

Similar wording

I think you already identified yourself.

Similar wording

I'm sorry.

Similar wording

You're already sworn in.

Similar wording

So, Mr. Jones, you've been listening to what I've been talking about

Similar wording

and describing the use of the property and the presentation of the property

Similar wording

as it exists today.

Similar wording

And do you agree that the things that I've been saying about this particular

Similar wording

property and this loan application are true and correct?

Similar wording

Yes.

Similar wording

Would you like to add anything that I haven't mentioned or make any amendments

Similar wording

to anything that I've said?

Similar wording

No, I believe you kind of summed everything up.

Similar wording

Okay.

Similar wording

And would you like at this time for the board to adopt what I've testified to as your testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

And that said, if there's any questions, we'd like to entertain those.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

Anyone else would like to testify in this case, please raise your hand.

Similar wording

Please raise your hand.

Similar wording

Mr. Chair, Mr. Charles Richardson has his hand up. I will allow him to speak right now.

Similar wording

Good afternoon, Mr. Richardson. You're still under oath. Please identify yourself.

Similar wording

Thank you, Mr. Chair. Charles Richardson from the Office of Councilwoman Cindy Bass Room, 312 City Hall.

Similar wording

I have on the line Charles Karn who was having a hard time getting in so he's on on my phone

Similar wording

right now he has some questions and so I guess you can swear him in. Mr. Karn could you hear me?

Similar wording

Yes sir. Okay spell your last name please.

Similar wording

Charles Karn. C-A-R-N. Okay first name is Charles. Do you swear or affirm to tell the truth the whole

Similar wording

truth nothing but the truth yes sir thank you sir please proceed sir um we did we did share the

Similar wording

meeting for the um 4610 uh north broad street uh we looked over the plans one of our concerns was

Similar wording

to the um owner and to the rep was if you look at the property next door is sit bookers and to the

Similar wording

north of it is a daycare center we asked what was the capacity to be included um in his plan

Similar wording

there wasn't there was no capacity the owner and the representative was supposed to contact

Similar wording

the 13th Ford RCO so we could discuss what was the fire coup for that building

Similar wording

That never happened. The last conversation we had was that they wanted to continue the last ZBA hearing, and this is the first I've heard that the meeting was going to be today.

Similar wording

Well, two things, Mr. Karn.

Similar wording

There's a letter of support from your ward.

Similar wording

Yes, sir.

Similar wording

And the capacity, that'll be determined by L&I and the fire marshal.

Similar wording

And that's not, we as a board can't, we can't make those decisions.

Similar wording

It'll have to be done by the fire marshal and L&I.

Similar wording

Yes, sir.

Similar wording

Okay.

Similar wording

But that was one of our concerns, and we were under the belief, as a courtesy, that we would have been involved because of the last email that I received from the lawyer, I mean, from the representative, that they would give back to us, and we were assuming prior to the CBA meeting.

Similar wording

Mr. Topkin?

Similar wording

Yes.

Similar wording

Yeah, in our packet of information, I do appreciate Mr. Karn. Mr. Karn is correct. We did get back to Mr. Karn. I emailed him in, I guess, our Exhibit 12. Our Exhibit 12 was an email to Mr. Karn in which I mentioned to him that L&I is not coming out to visit the property to determine its zoning until the use is approved.

Similar wording

And we actually, Mr. Karn, requested a proviso, which I included in that email, and the proviso was that the maximum capacity for the proposed use shall be determined by L&I and or the Philadelphia Fire Marshal's Office based upon the square feet of the premises, its configuration and use, and shall be posted accordingly on the inside of the premises.

Similar wording

So this was agreeable to Mr. Karn, and because we were not able to, you know, get a predetermined capacity from L&I.

Similar wording

And so I apologize if there was more, if there was other communication expected from Mr. Karn, but I did believe that we made that effort, and we did cross this bridge and discuss it.

Similar wording

Yeah, and that's the way, Mr. Karn, I mean, it's part of the testimony, but it's also the way occupancy gets approved, as I said, and it's been in Mr. Toppin's testimony.

Similar wording

That'll all be determined by L&I and the fire marshal.

Similar wording

Chairman, okay.

Similar wording

Okay.

Similar wording

We can definitely agree with that.

Similar wording

We do want development in the 13th Ward.

Similar wording

that was our conversation and Mr. Toppin did say right that we were looking for further

Similar wording

conversation towards that however we do support the variant. Okay well thank you for your time

Similar wording

Mr. Richardson do you have anything else uh yes Mr. Chair the council has no opposition

Similar wording

thank you very much planning commission

Similar wording

good afternoon board Peter Bernard for the planning commission

Similar wording

uh please identify yourself spell your first and last name pete

Similar wording

Please identify yourselves by your first and last name.

Similar wording

P-E-T-E-R.

Similar wording

Barnard.

Similar wording

B as in boy.

Similar wording

A as in apple.

Similar wording

R as in Roger.

Similar wording

N as in Nancy.

Similar wording

A as in apple.

Similar wording

R as in Roger.

Similar wording

D as in dog.

Similar wording

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

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

The comprehensive plan recommends no change at the existing CMX 2.5 at this location.

Similar wording

the proposed special exemption will not cause detrimental impacts to the neighborhood beyond

Similar wording

what normally might be expected for this use the planning commission recommends that the

Similar wording

zoning board grant the special exemption thank you mi 2020-002-568-4610 north broad street my

Similar wording

vote is yes my vote is yes my vote is yes my vote is yes my vote is yes all right carol 13

Similar wording

Calendar number 1171, 541 East Worcester Street. The attorney listed is Sean Whelan.

Similar wording

Mr. Whelan, can you put your name and address on the record and spell your last name, please?

Similar wording

please? Certainly. Sean, S-E-A-N, last name Whalen, W-H-A-L-E-N, here from Vintage Law on behalf of

Similar wording

the owner and applicant. Address is 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19003.

Similar wording

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

Similar wording

Yes, I do. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

And have you emailed an exhibit packet with proof of the ownership tax compliance, refusal, referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes, yes, and yes.

Similar wording

Thank you, thank you, thank you. You may proceed.

Similar wording

Thank you very much.

Similar wording

My name is Sean Whalen.

Similar wording

I'm here on behalf of the owner and applicant for 541 East Worcester Street.

Similar wording

I'm going to share my screen.

Similar wording

Given the hour and the length and complexity of this case, I'm going to do my best to try

Similar wording

to be brief, but summarize things for you in a way that I think clarifies everything.

Similar wording

So I can't see what's on your screen. Can you guys see an aerial map from the city?

Similar wording

Yes.

Similar wording

Okay. So what I'm showing you is an aerial map. This is the LaSalle neighborhood, the larger LaSalle neighborhood.

Similar wording

You can see all the LaSalle buildings here. This is sort of the heart of part of their neighborhood.

Similar wording

And I just thought it appropriate. This is kind of zooming in.

Similar wording

This is a LaSalle apartment building. Our project is actually just right here, so you'll be able to see it, but I thought contextually it would help here.

Similar wording

So this is a very large industrial property right here. It is currently vacant and I presume ripe for redevelopment, which would likely involve heavy residential use.

Similar wording

This is a large LaSalle apartment building that received a variance just shy of 10 years ago.

Similar wording

This is a large apartment building, and there's another large apartment building right here,

Similar wording

all that received variances in the last 10 years to do multifamily.

Similar wording