And number 13, MI 2023-006-339-1706 Walnut Street.
We have a letter of non-opposition from the Center City Residents Association with provisos.
Mr. Matt Dittioni. Mr. Chairman. Hi. Good afternoon. Counsel, could you state your name,
please, and spell for the court stenographer? Sure. Michael Matt Dittioni, M-A-T-T-I-O-N-I.
Great. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Could you identify your client, the relationship to the property?
Sure. It's 13 Howard LLC, and they are the tenant at the two properties.
And our vice chair has just a few questions, sir.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal or stipulate to its accuracy?
I agree.
Excuse me.
I agree to waive the reading.
However, the refusal for 1708, I believe, has an error.
You can stipulate that.
Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
Thank you.
Please proceed.
thank you thank you um
okay as i said um
is that up
black now okay so is it up it's up now it's up now yep thank you anyway sorry about that again um
I represent 13 Howard LLC, and our principal, Avram Hornick, is here today.
I just want to go down to the refusal.
The issue here is it says table 14502-2, sit-down restaurant is prohibited in the Chestnut and Walnut Street area.
Well, under the overlay, a sit-down restaurant is permitted as a special exception in the over.
We still have to come before the board, but instead of it being a refusal, it's a special exception.
So I discuss that with Hillary Emerson as well. So, again, 13 Howard 11 is attended at 1706 and 1708 to 10 Walnut Street, where it operates the Walnut Garden.
It's one of the several entities operated by FCM Hospitality, Avram Hornick's company.
Prior to opening the Walnut Garden, the properties here were vacant lots as a result of the fire that occurred in 2020.
and you have three basically vacant lots.
So we're seeking special exceptions and variances
to be able to continue to operate the Walnut Garden.
And as you can see on the screen,
we presented our tax payment information,
the referrals, the refusals,
the letter of non-opposition from CCRA,
site plans, the unity of use agreement for 1708 to 10,
so that that's considered as one lot,
but 1706 is separate.
A temporary use agreement that we have with the city
that allowed to operate last fall, a non-opposition letter from CCRA to the temporary use agreement
and the leases for the properties. 1311 is the operator. Avram also operates several other
establishments nearby like Rosie's Tacos, Harper's Garden, Noche, Concourse Bar, and the recently
opened Lucy's at 1720 Chestnut Street. Come down, you can see this is the Walnut Garden and how it
looks some additional photos and again we did have a temporary use permit for the fall
as children's play area the restrooms which are subject of one of the refusals
and the rear of the property again out on chancellor street as well so um began operation in
may and we had our temporary use permit which is attached here at exhibit six uh it'll operate
seven days a week beginning of 4 p.m monday to thursday noon on friday saturday and sunday
it'll operate during the warm weather it's right now closed because it's the winter
the kitchen would close at 10 p.m uh monday to thursday um and the garden itself will close at
midnight. Walnut Garden has taken upcycled discarded items such as shipping
Walnut Garden has taken upcycled, discarded items such as shipping containers, wooden pallets, and broken glass,
made them into magnificent works of art, creating this truly unique and stylish atmosphere.
In addition, they've added a wide array of fresh plants and trees, making an inviting garden experience.
The sit-down and take-out restaurant uses are permitted uses in the CMX5 class,
but under the supplemental use controls, they require special exception.
And also, because this is CMX 5, it contemplates that a building, a large building, will be utilized, and it makes it impossible to have a garden use without having a building, because we're required to have 65% of the Walnut Street frontage covered by a building, and because we're a garden, we do not.
This is a vast improvement of the previous vacant lots.
It's an inviting place.
It's an attractive reuse.
And as you can see from the site plan, this is 1706.
There's a children's garden in the front.
There's some food trucks, some sitting area, and the bathroom trailer there.
And 1708's got a much larger sitting area and a large tent for inclement weather.
The restaurant use will have disposable cutlery and utensils.
No music will be played outside of the Walnut Garden.
There will be incidental takeout sales.
And all deliveries will be from Chancellor Street.
Trash will be picked up on Chancellor Street after 8 a.m., Monday to Friday, after 9 a.m. on the weekends.
And deliveries, again, will be made on Chancellor Street after 8 a.m., Monday to Friday, and after 9 a.m. on the weekends.
The restaurant will be responsible alcohol management program certified by the PLCB.
Again, we're requesting a special exception, a conditionally permitted use for the restaurants.
Mr. Hornick's got a long history.
We believe that we meet the requirements for a special exception.
you know we're not going to cause congestion in the public streets this is a one-story
operation where a multi-story building could be built it's a commercial corridor we're not going
to overcrowd the land we're not really building anything on the land we're not going to impair
light and air we're not building anything that would bother the neighboring properties it doesn't
burden public facilities we're utilizing an otherwise vacant lot we're helping the neighboring
properties by adding eyes and ears to the community it doesn't endanger public health we're
again, taking away a vacant lot that otherwise could endanger public health. So we believe we
meet the requirements for the special exception. With respect to the variances, we need a variance
because we're supposed to have at least 65% building coverage up on the street. And when
you come down here, you can see we have at least 65% of the lot front is on Chestnut and Walnut
street area. Well, because we're a garden, we don't have any building coverage up on the street.
So we're required to have a variance because of that. It's the nature of the property. And then
also we have a side yard variance because back here where the restaurant, I'm sorry,
the restaurant, the restroom trailer is, we only have a three foot eight inch side yard on either
side. The lot at 1706 is 23 feet wide. The trailer is 15 feet, one inch wide. It's impossible to have
the trailer and have a side yard that meets the requirements. However, right next door to us is
1708, and that's part of the same beer garden. So there's no building next to us, so we don't
really need the five-foot side yard on that side. So it's the unique nature of the property.
When you look at this, all the variances are due solely to the unique nature of this premises and
its physical characteristics. Again, up on the street, we don't have buildings, so we don't
meet the requirements of the code to have building on 65% of the area. So in order to
make the Walnut Garden operate, we are requesting these variances and special exceptions. I do have
one issue with respect to the CCRA letter. If the board is inclined to grant the relief,
they ask that our special exception expire no later than three years from the date of the
decision. However, our lease expires on March 31st,
2028. So basically four years from today. So if you were
inclined to grant it, we would request that you give us a
relief until March 31st, 2028
when our lease expires. With that, I would like to call
on Avram Hornick.
They have been allowed to speak. Thank you.
I'm here.
Avram.
Mr. Chairman.
I don't see the chairman.
I'm available, Michael.
Please, Mr. Hornick, I'm sorry, could you state your name and spell for the court stenographer?
Sir, it's Avram, A, B as in Victor, R-A-M as in Mary, Hornick, H-O-R-N-I-K.
Sir, it's Avram A, B as in Victor, R-A-M as in Mary, Hornick, H-O-R-N-I.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you, Mr. Chairman.
And Avram, did you hear my presentation to the board?
I did.
Are my statements true and correct?
Do you adopt them as your testimony?
Thank you.
I have no further questions for Mr. Chairman.
Questions from the board?
No, Mr. Chairman.
No, Chair.
questions or comments from our attorney
Hillary Emerson
Mr. I just wanted to confirm
what Mr. Mattione said about
there being an error on
the refusal for 1708
that should be
instead of there being a variance
for the sit down restaurant use it should
be a special exception under the
overlay thank you
questions or comments
from the virtual audience
um yes mr chair i have a hand from wade albert i have allowed them to speak
hi mr albert could you please state your name and spell for the court stenographer sir
good afternoon wade albert uh last name is a l b e r t right do you swear or affirm to tell
the truth the whole truth nothing but the truth i do mr chair please proceed thank you so i am
counsel for the center city residents association which is the coordinating rco for this case
yep and um i just wanted to explain uh the the issues that are raised in our letter and
particularly i want to address the um the our request for a um basically a three-year sunset
on the variant special exception request um with regard to this property first off i want to say
that we were we were saddened to see that this building suffered a or that the the building that
was on this property suffered a significant fire in 2020. And on behalf of the community,
we are happy that it is being put to a temporary use. Otherwise, it would be a vacant lot.
But this property is located on the 1700 block of Walnut, which is, for those who I'm sure most
people are aware, is a very thriving part of the commercial corridor of Center City.
The CCRA would really like to see this property developed into a structure, into a building
that is put to good use and a building that would have commercial retail on the ground floor,
just like every other building on this block and on the surrounding blocks.
And for that reason, because we would like to see that happen as soon as possible,
that we have asked for a three-year sunset on the variance and special exception relief that's
sought here. We understand that the tenant has a four-year lease, but we would like to see the
development happened earlier as soon as possible. So with that, we respectfully ask for the three
year sunset and also ask for the other provisos that are requested in our letter, specifically
with regard to the trash will be stored in dumpsters at the rear of the property in accordance
with all applicable health and safety regulations and removed by a reputable trash hauler. So thank
Thank you. Thank you, Mr. Albert. Mr. Chairman, we do agree to the trash proviso. And listen, our lease is terminable by the owner of the property if, in fact, they're able to develop it sooner. They just entered into a four-year lease because they didn't see the window of opportunity prior to that.
Thank you. Is there anyone else in the virtual audience?
No, there are no further hits, Mr. Chair.
Planning Commissioner.
Thank you, Chair Bergman. And good afternoon, David Fecto with the City Planning Commission. Chair, we'll be giving our recommendation for both 1706 and 1708 Walnut Street.
The comprehensive plan recommends no change to the CMX 5 commercial mixed use zoning at this location. The appellant has shown that the proposed takeout restaurant will have no detrimental impacts beyond what might be expected.
The proposal represents a continuation of an existing temporary use.
The activation of a site, while permanent plans are developed, is preferable for the health, safety, and general welfare of residents and visitors.
Accordingly, the City Planning Commission recommends the board grant the special exception and dimensional variances, with a proviso limiting the special exception to four years.
Thank you.
Siri, let me know if I can help.
I'm going to vote them separately.
So number three, MI 2023-006-168-1708 Wallace Street, I vote yes, with proviso.
Temporary special exception expires 3-31-28, commercial trash pickup, trash stored at rear of property, deliveries on Chancellor Street only.
Thomas Holloman, my vote is yes, with provisos.
Excuse me, Mr. Chair. Sorry, there's one additional proviso per refusal dated 2-13-24 for this one.
Excuse me, Mr. Chair. Sorry, there's one additional proviso per refusal.
Oh, I'm sorry. You're right. All right. Per refusal dated 2-13-24. Thank you.
Thomas Holliman, my vote is yes with provisos.
Ishmael Shahid, my vote is yes with provisos.
Thank you. So, number 13, MI-2023-006-339-1706 Wellness Street. I vote yes with provisos. Temporary special exception expires 3-31-28. Commercial trash pickup, trash-shorted rear property, deliveries on Chancellor Street only per refusal dated 2-14-24.
Thomas Holloman, my vote is yes, with provisos.
Ishmael Shaheed, my vote is yes, with provisos.
Thank you, Mr. Chairman.
Thank you.
Number seven, MI 2023, 006-926-800 Market Street.
Ronald Patterson is the attorney.
Recommendation of non-opposition for the Washington Square West Civic Association
and letter of support from Council Member Squilla.