Could you go back a minute?
You also said that we can only consider the first floor now.
Is that right?
No, no, no.
I mean, the idea of assembly and entertainment is for the property itself.
We are in the process of obtaining a certificate of occupancy for the basement, though.
So we currently do only have the certificate of occupancy for the first floor.
Yeah, no, that's fine.
We're just looking at the use if they want this use to be in the basement.
They'll have to get a CO that says both first floor and basement, assuming we approve.
But, yeah, that's fine.
It's just they haven't completed that process with the restaurant yet.
So, and respectfully, even if for some reason the basement wasn't allowed to be used, and I just say that loosely and hypothetically,
we would still want the assembly and entertainment for that first floor space that you can see up here
that really is the primary space of this restaurant where people are coming in and enjoying themselves.
So this is where those quiz night or karaoke would be held unless there are more people than it would take it to the basement.
But again, because of the sprinkling necessity, the applicant is only seeking a limited occupancy of 49 people.
With that said, it's otherwise a pretty straightforward application.
We don't believe that this would impact or overcrowd the area because it is an existing
restaurant, so it can be frequented by this number of people already.
This wouldn't necessarily increase the number of people that could be allowed in the property,
nor do we believe that it would overburden any utilities, impair adjacent properties,
or endanger the health, safety, welfare of anyone.
And we do believe it's somewhat consistent with the comprehensive plan given its commercial
nature as a restaurant, and what naturally flows from gathering spaces like this.
With that said, I'm happy to bring Winnie Krofa on to the ...
Oh, and by the way, I'm sorry, I should mention that we do have ... Here's the exemplar copy
of the lease.
First page, this is the landlord TI investment.
We have no real estate taxes due.
The property was posted, and we did send this letter to the neighborhood, met with them on February 10th, received non-opposition from the RCO.
And then, as was indicated earlier, this is the lineup cafe who Winnie Krofa is one of the principals.
And this is an exemplar copy of the lease that shows that they started the lease in July of 23 and are basically taking it through 2028.
And if that's all right with you, I would like to bring Ms. Krofa on.
Please.
All right.
Winnie, if you are there, please raise your hand and put it as a panelist.
She's already elevated to a panelist.
Ah, thank you.
Thank you.
Ms. Krofa, could you please...
Oh, sorry, I'll let you do that.
Well, thanks.
I appreciate it.
Could you please state your name
and spell for the stenographer?
Winnie need to unmute Winifred Krofa my last name is spelled a-r-o-f-a-e do you swear or affirm to tell
the truth the whole truth nothing but the truth I do counsel thank you miss Krofa are are you a
principal of the lineup corporation yes thank you have you heard the statements
I made to the board today with respect to this property yes were the statements
I made true and correct to the best of your knowledge yes and would you adopt
my testimony as if it was your own to the board yes thank you very much any
questions from the board questions from the board yes what where is your trash
so I mean for the business it's in the back is it like dumpsters cans like we
have a trash can which is picked up by length waste company and is it stored in
the rear yard yes and it's just placed out when the commercial trash pickup
comes no they come and pick it up okay so you don't put it out they come on to the property
and get it yes and is this the rear yard area you can see on my screen yes and if i may that is
accessed through the rear door
at the back of the
restaurant? Yes. Right there.
Michael, you had a question?
Yeah, are all the units above occupied?
That whole row of residential, are they occupied?
We only know, I only know of this one, but I'll let
Winnie answer that question. I only know of that one.
I will say that all of the neighbors are sorry good I was going to say that they we did send
notices to these yeah to these addresses I you know I will be candid candid with the the panel
and I don't know whether tenants get each one but we send it to all the notices that were there and
this was posted outside so are you dealing with soundproofing because a restaurant sounds and
karaoke sounds and music sounds and party sounds are much different than a
restaurant are you dealing with soundproofing you want to explain what
you've done and you and the unit above what have you done we put us out what
are you soundproofing yeah some proven materials in the ceilings and on the
sides okay in between yeah okay
all right you have the questions from our board
questions from our attorney hillary emerson uh just to clarify so the use is
proposed in the first floor and basement
correct correct yes okay thank you
virtual orleans please no hand
amy boyp with the planning commission the comprehensive plan recommends no change in
zoning at this location from the existing cemex2 commercial mixed use the appellant has demonstrated
that the proposed use will not cause detrimental impacts ground was reasonably expected so long as
operation does not occur during late hours the planning commission recommends that the board
grant their requested special exception for assembly entertainment with proviso assembly
and entertainment use will not occur past 10 p.m sunday through thursday or past midnight on
fridays and saturdays okay um mi 2025 005 530 7803 frankfurt avenue i vote yes with proviso
Business will not operate past 10 p.m. on Sunday to Thursday or past midnight on Fridays and Saturdays.
Also, first floor and basement only.
May I ask a quick question there?
Is that the business won't operate or the assembly entertainment is not beyond those hours?
They have it for the assembly entertainment.
I just didn't know if the restaurant didn't have a music that night.
that i'm just saying what the rco wrote okay yes okay thank you yep
I'm just saying what the RCO wrote.
Okay, yes.
Thank you.
michael johnson my vote is yes with proviso
sarah gaston my vote is yes with proviso tenetta graham my vote is yes with proviso
i am mcadams my vote is yes with proviso
all right thank you thank you members of the board have a good evening sure we're going to jump to
number seven mi2025-005-572-3921 ridge avenue sean whalen is the attorney
there's a unanimous support from uh ridge at ridge allegheny hunting park civic association
31 votes to zero
Mr. Whalen
Good evening everybody
Long time no see
I don't think
I'm seeing you around here all day
I never swore you, did I?
I don't believe you did, no
Could you please state your name and spell for God
Sean Whalen
W-H-A-L-E-N
Do you swear or affirm to tell the truth
the whole truth nothing but the truth yes i do would you identify your client the relationship
to the property certainly uh i am representing the owner and the applicant s u g d e n s
r o w llc and our our vice chair has a few questions of course good evening have you
submitted your documents and exhibits five days in advance of this hearing yes i did okay and do
you waive the reading of the refusals and stipulate to the accuracy yes i do right you can share your
screen and proceed with your case thank you all right uh what you're seeing is the aerial map
This is 3921 Ridge Avenue. This is actually a vacant lot. I think the last vacant lot on this block of Ridge Avenue. It is immediately across. What you can see to the left there is Laurel Hill Cemetery.
So again, this is Ridge Avenue kind of running diagonally across the screen. Laurel Hill Cemetery is to the bottom. And this is West Allegheny is the closest cross street right there.
So we're talking about right in front of this white van that's parked there.
That's the vacant lot that we're describing.
And what will come into play is immediately next door to us is six units.
You can see multifamily eight units right there.
This is that whole strip of the block.
It's all zoned RSA 5.
And so we are seeking to build a new construction triplex.
As the board chairman said, RAH Civic Association called this a great addition to the community and voted in favor 31 to nothing.
So here is a current photo, this vacant lot right here, and then you can see we have multiple multifamily, much larger actually multifamily units going down along the street.
So again, everything, ironically, including Laurel Hill Cemetery, is also zoned RSA 5 here.
We have three refusals. One is for the use. Two is for a roof deck that will be accessed by the
third floor unit. And the third is because of their, I think I skipped over it. You can see here
there's a trapezoidal shape to the rear of the property. And because of that, the deck that
we're putting on the second floor for the second floor unit to have some outdoor access and outdoor
space encroaches upon the nine-foot rear yard depth. This is, you know, again, three units.
Walk you through. So again, here you can see, let me zoom.
So here you can see now Ridge Avenue is on the left.
The property goes back and you can see this kind of trapezoidal shape to the rear of the
property. Why is that not giving me the second page? All right, it's not giving me the second
All right, it's not giving me the second page for the, let me see if this works.
page for the
Okay, here's the RCO package. So you can see the current photos that I already walked through.
Here are the proposed floor plans, and I will zoom in.
so you have uh again three units the first unit is going the walking from the top you have a
triplex so the the top unit is the third floor um and my eyes don't work so
here's the third floor unit you come up the stairs uh ridge avenue is on the left here
The rear of the property is on the right. The third floor unit is a two-bedroom with access to the large roof deck. It's 1,362 square feet. You can see the way this is built. Also, we have a carve-out to allow for more light and air.
again that's the the roof deck plan right there showing the nice size of the outdoor space
going down a level onto the second floor you have one unit that is 1029 square feet it's a two
bedroom with a rear deck that's this rear deck that's in the back and again because of the way
the there's you know the angles in the rear of the property that generates one of the refusals
which is that we encroach on the nine foot setback. So then you have a first floor and
cellar level unit, bi-level unit that is 1980 square foot three bedroom and it actually has
a full rear patio so you can see again on the left you have Ridge Avenue. What you do is you
walk in from ridge you have this uh you know setback of the entire building to allow for more
light and air come in here through to the first floor and then you have two bedrooms to the left
full bathroom kitchen and living room here you actually then have an upper patio area that then
steps down to an open lower patio area that is accessible and then you can use in the basement
you can see there's another large living space and you have additional bedrooms and living space
in the cellar which makes that kind of large open area
first floor and basement unit. So with that, I would say that we have a hardship here.
The hardship is that, as this board knows, a sea change to a neighborhood, as in the types of uses
that are utilized there and in the, sorry, both at the property and here's the Arsione letter,
creates a hardship where, you know, we are zoned for a single family and single family is not
a reasonable use of this property when you have, again, much larger multifamily uses up and down
this block. We also have that kind of awkwardly shaped and triangular trapezoidal, whatever you
would call it, rear portion of the property that creates the additional use. The final refusal
We do believe none of these create any issue to the public health, safety or welfare.
And this is a minimal, you know, the least minimum variance where we're asking for only three units as opposed to the six to eight that are approved up and down the block.
And here, the final refusal that we are seeking relief from is the roof deck.
That is an overlay here, but that provides the outdoor space for the third floor unit.
And as you can see from the letter, the Civic Association resoundingly voted in favor unanimously to approve this project.
So with that, I would call my client.
Jesse Fritz, if you can raise your hand.
Mr. Fritz, I think Sean Whelan's name again, I'm thinking that might be the person, okay
i'm thinking that might be the person okay why don't we see if it's showing well hello hi uh
why don't we see if it's shown well.
sir could you please state your name and spell it for this photographer jesse fritz j-e-s-s-e
f-r-i-t-z do you swear or affirm to tell the truth told truth nothing with the truth
i do counsel thank you chairman uh mr fritz you are here on behalf of the owner and applicant
for this project correct yes and did you hear all the testimony that i already presented in
this matter yes and do you believe that that in that testimony was true and correct to the best
of your knowledge information and belief yes and would you adopt that testimony as your own
yes thank you very much mr fritz questions from the board
it's michael all right go ahead
oh you good yeah i'm good oh so a question so the uh the basement um there's a walk out
to the patio correct the the lower level patio let me bring that back up
so here's the basement um mr fritz maybe you could uh describe that for
uh the board member who just asked the patio is accessed off the first floor
goes down and then it actually steps down and is also is it also accessible from the basement level
It's a walkout, right?