civus
Hearing video

ZBA Hearing - March 6, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 6, 20246h 49m

um i think to be consistent

Similar wording

I think to be consistent with what we've been doing today, Mr. Chair, that we should just take Mr. Sokolov's testimony.

Similar wording

I think, you know, you're also the court. We'll gladly take your testimony. Okay.

Similar wording

Thank you. Thank you.

Similar wording

Questions from the board?

Similar wording

No, Chair.

Similar wording

No questions, 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 do not see any hands, Mr. Chair.

Similar wording

Mr. Sokoloff, is this a request for both properties?

Similar wording

It is, yes.

Similar wording

Questions or comments from the Planning Commission?

Similar wording

I'm sorry, I'm sorry.

Similar wording

May I just add one thing, Chair?

Similar wording

Pardon me?

Similar wording

May I just add one thing that I forgot to mention?

Similar wording

Sure.

Similar wording

Sure. We would also propose that this be granted on a temporary basis as a proviso for three years.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman, and good morning.

Similar wording

David Fecto with the City Planning Commission.

Similar wording

Chairman and board members, the comprehensive plan recommends no change to the residential multifamily zoning at this location.

Similar wording

There is no unique physical condition or circumstance of this property that would prevent it from being used in conformance with the zoning code.

Similar wording

The City Planning Commission recommends the board deny the proposed use variants for visitor accommodations.

Similar wording

Thank you.

Similar wording

MI 2023, 005-759-815 North 16th Street, I vote yes with proviso.

Similar wording

Temporary variants to expire 3627.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

lavera leonard palmer my vote is yes for proviso thank you counsel thank you and just just to

Similar wording

finish off miss emerson i will email that letter uh excuse me that email i received just just for

Similar wording

your records and i will also um to be fully buttoned up i will check back in with the rco

Similar wording

to to obtain the actual formal letter and forward that to you as well all right thank you so much i

Similar wording

appreciate it thank you all have a great day all right thank you so number 11 mi 2023 001 700

Similar wording

1223 belmont avenue tamika mccoy is the attorney there's a letter of support from centennial

Similar wording

parkside rco and council member gathier has written a letter

Similar wording

Our office supports the requested variants at 1223 Belmont.

Similar wording

Our understanding is that the block was remapped away from commercial, not because it wasn't believed to be an appropriate use, but because of the lack of market interest at the time.

Similar wording

We are pleased to see more commercial back to Belmont Avenue, as is the community, so we support the variants.

Similar wording

High Counsel, could you please state your name and spell for the court sonographer?

Similar wording

You're muted.

Similar wording

Thank you.

Similar wording

Could you please state your name and spell for the court stenographer?

Similar wording

Thank you.

Similar wording

Good morning to the panelists.

Similar wording

Tamika McCoy, MC, capital K-O-Y.

Similar wording

Right.

Similar wording

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

Similar wording

Yes.

Similar wording

Could you identify your client, their relationship to this property?

Similar wording

Sure.

Similar wording

I represent B&T Properties, who own this property.

Similar wording

On the webinar is also Ms. Mallory, who is the principal for the Pink Cafe, who is the occupant for 1223 Belmont Avenue.

Similar wording

And you represent both?

Similar wording

So, in this instance, yes.

Similar wording

Okay.

Similar wording

So, our vice chair has a few questions for you.

Similar wording

Sure.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to his

Similar wording

accuracy? Yes. Have you emailed in all the required documents and exhibits that is needed

Similar wording

to proceed with this case five days in advance of this hearing? Yes. Thank you. Please proceed

Similar wording

and share your screen.

Similar wording

Thank you. This is the application for 1818. I'm sorry.

Similar wording

You just bear one moment. You get the right one.

Similar wording

Here we are.

Similar wording

Okay, my apologies. So this is the application for the property located at 1223 Belmont Avenue.

Similar wording

Okay, my apologies.

Similar wording

The intended use is as a sit-down restaurant. It is on a commercial corridor. I have

Similar wording

with me previously submitted. And at this time, it shows that the requested zoning will not

Similar wording

increase any congestion in the area, nor will it endanger any of the public or cause any harm to

Similar wording

the use of the properties of any of the adjoining neighbors. There is no environmental damage that

Similar wording

that would be affected. The anticipated use is a sit-down restaurant. It occupies the first floor

Similar wording

of the premises. There is also four residential multifamily units above. None of that would have

Similar wording

to be impeded or altered in any way. There would be no obstruction to traffic or obstruction to

Similar wording

light or air neighbors nor would it impact any of the neighbors use of their uh property

Similar wording

attached with this petition we have the actual application

Similar wording

we have a copy of the deed together with the tax certification

Similar wording

we've also closed the certificate of tax clearance which again is previously

Similar wording

submitted to the board. There were notifications sent to 51 area residents who were all contacted

Similar wording

in mail. Those are proof of the address. There was a RCO meeting held on February 1st. The RCO

Similar wording

is represented by the Centennial Parkside Community Development Corporation. There was overwhelming

Similar wording

support for this project. In fact, the project essentially is a sit-down healthy option

Similar wording

restaurant where they are providing juice bars, salads, and light sandwiches to area residents.

Similar wording

There are no other restaurants that exist in the current corridor. And so that's why there's

Similar wording

such overwhelming support for the pink cafe uh this is a copy of the refusal i think important

Similar wording

to note is that the use of this premises previously had a variance for a sit-down restaurant and bar

Similar wording

um the problem the property essentially sat vacant for a substantial period of time

Similar wording

and so it reverted back to what the original use was um attached here is also photographs

Similar wording

of the structure. Again, there will be no impediment to any of the apartment units that

Similar wording

sits above, no impediments to any of the neighbors. There's ample parking. This is the right side of

Similar wording

the pink cafe. It actually sits so that you can see the left side. This is a street that looks

Similar wording

up Belmont Avenue. The next stoplight would be Girard Avenue. Again, it's a major commercial

Similar wording

corridor across the street directly. There is a repair shop for auto repair and body work

Similar wording

directly across. There's ample parking on Parkside Avenue. This looks down Parkside Avenue

Similar wording

westward toward Fairmont Park. There's actually a school a few doors down where children

Similar wording

can actually come and get smoothies and fruit juices. There was a posting of the zoning notice

Similar wording

affixed on the door as is required. We also have here the existing plan and structure. As I said,

Similar wording

there would be no economical hardship to anyone in using this premises as a sit-down dining

Similar wording

restaurant. The capacity is expected to be I believe it's 45 that is the capacity for the

Similar wording

premises. Attached here is the RCO letter that expressed support for the project and actually

Similar wording

is looking forward to welcoming them to the community. This is signed by Ms. Gomez, who is

Similar wording

the representative that submitted this letter.

Similar wording

At this time, I would like to present Ms. Mallory so that she could adopt the information that had been submitted.

Similar wording

At this time, I would like to present Ms. Mallory.

Similar wording

Ms. Mallory has been allowed to speak.

Similar wording

Hi, Ms. Mallory, could you please state your name and spell for the court stenographer?

Similar wording

Sure. My name is Leslie Mallory, L-E-S-L-I-E-M-A-L-L-O-R-Y.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Thank you. Good morning, Ms. Mallory. How are you today?

Similar wording

I'm well.

Similar wording

Did you hear the testimony that had been submitted in support of the application for 1223 Belmont Avenue?

Similar wording

Yes.

Similar wording

And would you adopt the testimony as if it was given by yourself?

Similar wording

Yes.

Similar wording

and um you attended the rco hearing um can you tell me some of the takeaways from the area

Similar wording

residents when you approach them about your plan to establish the uh pink cafe

Similar wording

um they were very excited and um they said they don't have any restaurants any sit-in restaurants

Similar wording

in the area and within walking distance that they can get to and um they think it would be good for

Similar wording

THEIR COMMUNITY AS WELL AS THE SCHOOLS IN THE AREA AND THE RESIDENTS OF THE AREA IS THERE ANYTHING

Similar wording

ELSE THAT YOU WOULD LIKE TO ADD FOR THE BOARD TO KNOW OR NO SOME OF THE NOPE THAT WAS IT OKAY I

Similar wording

WOULD SUBMIT ON THAT ALL RIGHT THANK YOU QUESTIONS FROM THE BOARD NO QUESTIONS CHAIR

Similar wording

QUESTIONS OR COMMENTS FROM THE VERT 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, Chair.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman, and good morning.

Similar wording

David Fecto with the City Planning Commission.

Similar wording

Chairman and board members, the comprehensive plan recommends no change

Similar wording

for the residential multifamily zoning at this location.

Similar wording

This property was rezoned in 2019 in a community requested map change.

Similar wording

This property has a documented history as a ground floor commercial use

Similar wording

with dwelling units above the city planning commission recommends the board grant their

Similar wording

proposed use variants for a sit-down restaurant thank you mi 2023 001 700 1223 belmont avenue i

Similar wording

vote yes ishmael shaheed my vote is yes lebaron leonard palmer my vote is yes

Similar wording

thank you counsel you have your votes thank you very much have a wonderful day all right okay

Similar wording

All right. Number 12, MI-2022-004-443-3445 Thiem Street. Darlene Threat is the attorney.

Similar wording

I believe we have letters, am I correct, Hillary, from the RCO and the local council person? Am I right?

Similar wording

Yes, Mr. Chair. We do have a letter of opposition from Impact CDC. We also have a letter of opposition from Councilmember Lozada. And I believe Ms. Threat will present that they do have a letter of support as well as a petition.

Similar wording

Thank you.

Similar wording

Good morning, Council. Could you please state your name and spell for the court stenographer?

Similar wording

Could you unmute first?

Similar wording

Thank you.

Similar wording

Good morning, Commissioner.

Similar wording

Darlene Threat on behalf of the applicants.

Similar wording

Just for the record, could you spell your name, please?

Similar wording

Darlene, D-A-R-L-E-N-E, Freight, T as in Thomas, H-R-E-A-T-T.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

My client is Ms. Zuni Donato, and I do believe she's on the line today.

Similar wording

Okay. Our vice chair has a few questions.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Have you 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.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Good morning, Commissioners. I'm Darlene Threatt, and I'm representing Zuni Donato for 3445 Kimes Street.

Similar wording

Commissioners, a package of exhibits were submitted, which I rearranged, and I have a listing of the exhibits here today.

Similar wording

First, we have the permit application, refusal, the appeal, the PIF, the deed, the tax information, plans, pictures, community letter.

Similar wording

PIF, the deed, the tax information, plans, pictures, community letter of non-support,

Similar wording

letter of support. And commissioners, I had a petition circulated with all the neighbors on

Similar wording

the block of Kimes Street. I believe I have 16 signatures in support, both neighbors on either

Similar wording

side of the property. Commissioners, we filed a use application permit to legalize.

Similar wording

I'm sorry.

Similar wording

Yes, we can't.

Similar wording

Yeah, the documents aren't sharing.

Similar wording

Thank you.

Similar wording

Oh, I'm sorry.

Similar wording

That's okay.

Similar wording

Let me go back.

Similar wording

Ooh.

Similar wording

Here it comes.

Similar wording

okay sorry about that uh so i did submit a package and i believe i outlined what was in my package

Similar wording

uh commissioners we applied we had a use application permit to legalize this existing

Similar wording

two-family dwelling on 3445 carm street uh we received a refusal uh the refusal is because the

Similar wording

two-family dwelling is not permitted in the RSA-5 zoning district.

Similar wording

There was also an application of appeal filed.

Similar wording

We presented a copy of the current deed.

Similar wording

And I'm going to jump to the plans here, commissioners.

Similar wording

I'm going to reduce them a little bit so we could see the whole plan here in the screen.

Similar wording

Can you see the screens, Commissioner?

Similar wording

Can you see the plan?

Similar wording

Yes.

Similar wording

Yep.

Similar wording

Great.

Similar wording

I'll just move this for a little bit.

Similar wording

Okay.

Similar wording

Here we go.

Similar wording

Commissioner, here's the site plan of the entire dwelling.

Similar wording

We propose to use it as a two-family dwelling, and here's a layout of the entire premises.

Similar wording

We don't plan to use the basement for anything.

Similar wording

The basement actually just had utilities in there, and you can see here are the two hot water tanks that are located below.

Similar wording

On the first floor plan, we have a one-bedroom apartment.

Similar wording

Here's the one-bedroom.

Similar wording

We have this other area here.

Similar wording

We have the bathroom, and we have what we have labeled the family area.

Similar wording