ZBA Hearing - March 4, 2026

floor you have you got a couple you know you have two small bedrooms and a tight living eating area

in both those units which the bedrooms are all a proper size it's it is that tight living eating

area that you're speaking to so the plan does uh show that um i guess i'm concerned about the

uh the rear where there's no windows at all so um is there any well

well at least in the rear there um where um there's the whole question of habitable

kind of rooms here where um you have um not a lot of light and air in these spaces beside them being

um as i uh as other board members have said a little overcrowding particularly with the two

bedroom unit and i do hear you well the first floor has three windows on the on the bedroom

it has in the kitchen two windows so there's plenty of light in all of these all the pictures

i took was in the dark that you saw that was all lit by sun so there's there's there's sun here

there's and there's an egress window on the third floor to the second floor roof so i i don't i

don't think there's a issue of light in the top floors it's completely well lit the the front

bedroom of the second floor has three windows and the egress windows sorry on the third floor

on the third no it's not an egress window that's what you just said yeah it's oh you're saying

egress I thought you said there's a grass through the window yeah okay oh yeah it's it's it's in a

window where a person could exit through in an emergency but I mean that's technically an egress

window within with no access to the first floor so that's not an egress window right correct you're

you're correct you're correct but I was I was more responding to the light issue um and so there is

I'm sorry go ahead go ahead go ahead well and I guess one of the issues it's a fire issue it's

not really ours but I mean in terms of having ingress and egress if there's any kind of emergency

I'm not sure how anybody gets out of this place whether it's the particularly with respect to the

second and third floor units so that's a concern all right questions from our attorney

not at this time questions or comments from the virtual audience

planning position at this time chair

from the planning commission the comprehensive plan recommends no change in the rsa5 residential

single-family zoning at this location the city rezoned this neighborhood in 1980 in a

Council supported map change. The conversion from one to three family was done without the

benefit of permits. There is no unique physical condition or circumstance of the property that

There is no unique physical condition or circumstance of the property that would prevent it from being used in strict conformity with the zoning code. The city planning commission recommends the board deny the requested variance for multifamily residential use.

would

Thank you. Sherman, we're going to vote on this next month, Wednesday. I want to have a chance to get everybody's opinion on where we stand with this. Okay. So we'll vote Wednesday and we'll announce it at 930 AM.

Okay. Thank you. Thank you very much.

Thank you.

Number six, MI 2025-001-561-1925-27, East Clearfield Street.

Vern Anastasio is the attorney.

There is a letter of support from Harrogate Civic Association with what looks like one proviso.

A non-opposition from Council Member Squilla.

vern anastasio will be coming back in as a panelist good morning good morning counsel you've

already been sworn just for the record state your name vern anastasio right could you identify your

client a relationship to the property yes i'm ms naomi stein the owner of the property all right

thank you very much and our vice chair has just a few questions sir thank you good morning morning

um have you submitted your documents and exhibits five days in advance of this hearing

i have and do you waive the reading of the refusal and stipulate to its accuracy

i do okay thank you you can share your screen and proceed with your case

just for the record i want to move uh the letter from harrog harrogate rco and the letter from

um council member squilla into the record yes sir thank you because they did not make my exhibit

packet which is 33 pages 1925 27 east clearfield property is zoned rsa 5 however history uh that

i'm also submitting uh shows that it's never been a single family home uh this has always been uh

sort of a warehouse situation, and that's what we're asking for, a warehouse in an existing

structure, which is expressly prohibited because the property is now RSA 5.

My clients make, create custom-made furniture by hand, and they wouldn't be making it there,

but they need a place to store it, and this is the storage space that they would use.

We're going to have trash storage on the interior as well.

And it's just one large sort of garage space.

As you can see here.

And here's the interior.

There's the letter that went out to all the immediate neighbors. We met back in November.

123 individual households were mailed. Here are all the addresses.

We've got proof of taxes being up to date, as well as the deed, moving that into evidence.

and let's see what else i have then it all went blank but the history of the property is that

it's been everything from a candy sort of factory to all sorts of different commercial uses

and i'm moving all of all of my materials into evidence to show that i'm sure the planning

commission when they make their recommendation will reference the history of the property as well

it's not open to the public it'll be exclusively for the use of my client

there will be twice a day more more often just once a day

pick up and drop off with a regular truck I have nothing further my client is not with us today

all right you're an officer the court will take your testimony questions from the board

Yes. Given that there's a residential unit right next to it, and this is now going to be sort of an active, you know, space for them to move things, what's the plan for any sound attenuation between the units?

Well, there's no activity going on other than picking up and dropping off of furniture, which would be during the day, not in the evening.

The RCO did ask, and I believe the immediate neighbor was present at the meeting.

It was very well attended.

They did ask for some provisos, all of which are in their letter and also in Councilman Squilla's letter, which we agree to 100%.

They did ask for some provisos, all of which are in their letter and also in Councilman's school.

Other questions?

Questions or comments from our attorney, Hillary Emerson?

Not at this time, Mr. Chair.

Questions or comments from the virtual audience?

I see no hands, Chair.

Planning position.

all right from the planning commission the comprehensive plan recommends no change to the

existing rsa5 residential single family attached zoning at this location the city rezoned this

neighborhood in 2017 in accord with recommendations in the comprehensive plan the this property has a

documented history of wholesale food distribution use dating to 2004 this block is home to a number

of residentially zoned properties operating as warehouses including one next door with a zoning

variance having been granted for limited industrial use the city planning commission therefore

recommends the board grant the requested variance for warehouse use but with a recommended proviso

to limit hours of operation um okay all right the neighbors didn't ask for any of that right okay

but but we're okay with all the provisors that they didn't ask for well the ones they asked for

law and enforceable right right but you agreed to it we agreed to the law on the record of course

all right so mi 2025 001 561 1925 to 27 east clairefield street i vote yes michael johns my

vote is yes cheryl gaston voted yes tenetta graham my vote is yes ryan mcadams my vote is yes

thank you thank you council number seven mi 2025 001 578 2605 germantown avenue clemente amazon is

the attorney. There's recommendation of unanimous support from the 37th Ward RCO and a letter

of non-opposition from Council Member Young. Clementa Amazon will be rejoining us as a

good afternoon chairman council how are you um i've already sworn you in if i remember correctly

right yes you did would you just state your name for the record of course clementa amazon that's

spelled C-L-E-M-E-N-T-A, last name is A-M-A-Z-A-N, and I do have tax clearance now for the payment.

Could you identify your client?

Of course.

My client is Antoine Bela, he should be on the call right now.

Did you say the tax is straight now, you said?

Yes, it is, and I have a screenshot verifying saying.

Okay, we'll get a copy of it, right?

Don't worry.

I have incorporated into my presentations I will also thank you very much our

vice chair has your questions thank you good morning have you submitted your

documents and exhibits five days in advance of this hearing yes with the

exceptions that's done so we have now obtained but after five days yep thank

you for that and do you wear the written of the refusal and stipulate to its

accuracy yes I do all right thank you can share your screen and proceed with

case of course thank you

can everyone see my screen we can perfect so

again, my name is Clemente Amazon. Today, I'll be representing the Apple Plant and Spawn Bullet.

This project is in regards to Sweet Treat Hut, as you'll see in my presentation. This property

is zoned CMX2, so what we're looking to add is a roof deck, which is not permitted unless it is

for residential use. The property is currently commercial. It is closed. You'll see photos of

the property as well. What we're looking to do is add a roof deck, and it's going to be a G shop

on the first floor as well as the second floor with the addition of some office space but the

refusal that we have is limited to just the bootstuck itself we did meet with the community

and they provided a letter of support it was unanimous they're very excited about this

being placed on the corridor and the healthier options that would now be available to residents of that area.

place on the corridor and the healthier options that would now be available to residents of that

area. And here we just have a summary of Antoine's business. He has various locations throughout

Philadelphia. I also incorporated the menu. It's all healthy foods ranging from breakfast to

vegan lunch options, just to give the board a sense of what would be made available at this

property. The use of the property as a commercial juice shop is by right. However, as you can see,

this is a photo of the front of the property. This is the property right here. This was prior

to the posting. I also have a photo of the posting, but it is along Germantown Avenue that

we see here. The food options here are pretty limited. It's primarily takeout locations and

convenience stores, so we're really looking to add a healthier option that would be available to

residents. Here we have a photo of the posting of the property. And this is a full coverage

lot. This is the photo of the rear of the property along Cadwallader Street. And we

did also post that rear area. And here we have the floor plan. So the idea that we have

here is that we would like to use the roof deck as a green space, as a space for people

to enjoy the drinks along this roof deck. And I can zoom in here. So here's the new roofing plan

that we have here along with the pilot house. We would make sure that it is limited in the number

of occupants that would be permitted on this roof deck. We anticipate that it would be between 20

or 30 people at most. And we would also make sure that we have quiet hours that are in effect to

to make sure that there's no issues with residents

or other commercial neighbors being impacted

by the roof deck use here.

We're spending zoom out.

And here we have, sorry about that.

Let me just take a step back here.

There we go.

And here we just have the floor plans for the second floor.

I'm sorry, I have to make this a little bit smaller.

There we go.

So we have the second floor floor plans as well.

Again, the use for the property as a commercial juice shop is permitted by right, but we are looking to renovate it.

The property was previously a takeout location or a chicken shop, and we're just looking to renovate it and give it a better interior to be more appealing to residents and people coming in to enjoy the juice shop.

As I mentioned, we would have that office space as well as storage in the rear.

This is a pretty significant building.

it is a full coverage lot full coverage building so we don't have the option of having that green

space in the rear of the property and so we were looking to incorporate that more so on the roof

deck here and here let's make things a bit bigger for the board this is a first floor so there is

some work that has been done along the first floor just to get it renovated get it operational

so that we can use it for that juice shop that we mentioned previously

zoom out a little bit here so it won't be cut off and again another photo of the first floor

along with the stairs going up into the second floor and here we have photos of the second floor

as well so as you can see obviously this property is not open to the public as of yet we are still

doing the renovation work we are looking to just add the roof depth to the property

and here we have photos of the surrounding area just along germantown avenue

Again, as I mentioned, there aren't that many healthy options along this corridor,

so we're looking to add a better option to this neighborhood.

Here we have the application for appeal that was submitted along with our project,

the zoning permit that was included within our notice information, the project information form.

We did send out notice to the community for the community meeting. Unfortunately,

we did have to request a continuance of our initial ZVA hearing date because it fell on

the same day as our community hearing. So we did notify the community of that and we

did reach out to let them know when we did get a second hearing date. So we have the

refusal that was added, a list of the properties that we notified of the community meeting,

and our certificate of mailing showing that we did send that notice out on September 3rd

the September 17th meeting. And this is a letter that we sent for our original continuance request.

A deed showing that Sweet Treat HUD owns the property. This is the LLC that will be running

the juice shop. Antoine Bullock is a sole member. And as I mentioned, we did obtain tax clearance.

This is for the property. The $350 balance is specific to the tax year for 2026,

as you can see here and i will also email this to the board

um so with that if i can have anton burke i believe he's calling in um let me just make

sure i have the last four digits if he could have raised his hand towards my testimony

The last four digits, if he could have raised his hands without my testimony.

The last four digits of his number is 4449.

I see no one in the audience with the last four digits of the phone number.

Okay.

Is the other one raising their hand?

Not at the moment.

What's your client's name?

Antoine Bowers.

Okay.

I have two people I'm going to promote both to panelists.

Okay.

Both of those names decline to be promoted to panelists.

Counsel, you're an officer of the court.

We will take your testimony.

Thank you.

I appreciate that.

Questions from the board.

uh yes um is the roof deck um primarily what are the hours for the roof deck and will

music be played up at the roof deck there would be no music that would be played on the roof deck

um the hours for the property are from 6 30 a.m to 5 p.m every day