But we have agreed with the council person's office to limit the term of this with this variance with a proviso of three years, as well as to agree that there will be no outdoor music of any kind.
So the council person's office, we believe, is in support of this.
We believe that the issue with parking and some of the congestion may have gone a little beyond what we had thought since we are an existing restaurant with existing patrons, but at the same meeting, the neighborhood was entertaining a brand new type of...
but at a similar at the same meeting the neighborhood was entertaining a brand new
type of establishment that would bring in a lot more volume um so i think the the concerns of
the evening while while right um are misapplied to an existing business where the music will
likely not generate more traffic um so uh that is the general presentation and what we're looking
for in the space. Again, this is the Alpex here. And I can, if I can, I'd ask that Earl Johnson
be promoted to adopt my testimony. Mr. Earl Johnson, if you are in the audience,
please raise your, okay, here he is. Mr. Johnson has been allowed to speak. Mr. Johnson, state
your name and spell it for the court reporter? It's Earl Johnson, E-A-R-L-J-O-H-N-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes. Proceed. Thank you. Mr. Johnson, have you had an opportunity to hear my testimony to the
board today? Yes. And would you agree that the statements I've made are true and correct to the
best of your knowledge yes and would you adopt my testimony as if it was your own yes and i would
like to ask if you have anything that you'd like to add and i know you're available for questions
but if there's anything you'd like to add at this time uh no it's not like that not right now
questions from the board uh yes mr chairman what is the trash counselor what is the trash
removal plan there is commercial trash pickup um and my notes say that it happens uh either a daily
or or multiple times a week as to the frequency of it i can let mr johnson join in but it is
commercial trash trash get picked up twice a week recycled once a week thank you any other questions
from the board? Hello, Mr. Chair. Thank you. Question or comments from the virtual audience?
I'm Mr. Chair. I have Ms. Hilary Emerson with her hand raised. I will allow her to speak at this time.
Good morning, Mr. Chair, members of the board. Hilary Emerson on behalf of Councilwoman Sherelle
parker h-i-l-a-r-y last name emerson e-m-e-r-s-o-n you swear affirm to tell the truth the whole
truth and nothing but the truth i do proceed i thank you um so the councilwoman's position is
one of um non-opposition with the provisos that mr quirk mentioned um this this was a uh this case
is a balancing act for us because we hear from the residents of their concerns on a number of
issues. We also want to ensure that our small businesses are getting the support and the
opportunity that they need to thrive. As Mr. Quick mentioned, this is a business on a commercial
corridor, but it is surrounded by residences, as you did see in the photo, both behind and across
the street as well as businesses. So at the RCO meeting the neighbors were in opposition. Two of
the biggest issues that were mentioned were the parking situation as well as outdoor music which
there were events held outdoors in the outdoor seating area because events could not be held
indoors due to the pandemic um but some neighbors were um were not happy about that um we did talk
with um the north fifth street revitalization project that provides services to the different
businesses on the corridors as kind of a corridor manager um and they they did not um they had not
received um any significant complaints from residences or businesses about this business
but they did think that keeping the music indoors would be better than having any outdoor music,
which is one of the provisos. And we checked with the 35th Police District about violent crime in
the area, and the numbers were very, very low, and there haven't been any major incidences in this
area in about two years. I mean, like, in this very immediate area at this address. So just to
reiterate the provisos that were agreed to. We'd like the music limited to the interior of the
building and a temporary variance that would expire May 1st, 2025. Thank you.
Any other comments from the virtual audience?
There we have a Mr. Robert Trum with his hand raised.
Sir, we have a Mr. Robert Trum with his hand raised. I can allow him to speak at this time.
Why, could you state your name and spell for the court reporter?
Robert Trum, R-O-B-E-R-T-T-R-A-U-M.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Proceed.
Yes, I'm representing a few of the neighbors on my side of the block. I live across the street from this.
proposed
restaurant
whatever you would like to call it
the parking is atrocious
we have nowhere
to park once this place opens
every Friday
Thursday, Friday, Saturday night
there is nowhere to park
you cannot leave your house
and expect to come back to a parking spot
and this is before
the proposed
club venue whatever they're going to call that a block north of this this is just for our block
right here on 5905th street and on widener as well because there's another woman that i speak
to regularly on wider street that the people are just parking right in in the driveway blocking
our driveway we have no parking anywhere and what we can't even get into our driveways once
this place is open they say they're going to do something but they haven't done anything yet
sir yes is that the end of your testimony yes thank you very much for calling in we appreciate
your input. Any other comments from the virtual audience? Sir, Ms. Kathleen Karen with her hand
raised. I have allowed her to speak. Would you please state your name and spell for the court
reporter? Yes, thank you, Mr. Chairman. My name is Kathleen Karen, K-A-T-H-L-E-E-N-K-E-R-I-N. I am
the pastor at St. Paul's Evangelical Lutheran Church, which is within the block of this
establishment. I am here to speak. Just one moment, Pastor. Do you swear or affirm to tell
the truth, the whole truth, nothing but the truth? I do, sir. Thank you. Proceed. I'm here to speak
on behalf of the residents. I was not, unfortunately, able to attend that Q&A meeting
with the residents. However, one of my parishioners did come and chat with me for quite some time
afterwards, and she did attend. She is also on Widener. She has had some very awful situations.
Yes? I'm sorry, Chair. I just wanted to make sure that the witness is speaking in her behalf,
not someone else's. Only an attorney can do that. I am speaking on my behalf. I am actually
speaking on behalf of St. Paul's Lutheran Church. I'm the pastor, so I would think that would be
all right. I am just simply, I guess, agreeing with the gentleman ahead of me with those same
concerns. There was a question raised, I believe, from the board about trash. The trash is a
difficult situation and especially at the church uh the fifth street revitalization team um i do
i am aware of them work with them they have some wonderful people who come and clean
further down the block towards the library we do have some assistance but i will tell you the
trash situation in our even on my own property um is greatly increased by those evenings when
the people who come out of the lounge come and sit, which we are totally happy to have them sit
on our property. Unfortunately, they leave what they eat behind whatever trash is there. So in
the pickups, you know, it didn't seem to be that the gentleman was too sure when they were. It would
be good if they could be increased. You know, I'm not going to go through every single list, but
as you did see there where everyone in that meeting was opposed to the increase in this
organization. Music, I understand they were soundproof. So, you know, I would like to see
no music outside, which that also seemed a little unclear in the lawyer's presentation.
I would just like to voice my disagreement and agreement with the community and disagreement
with this going forward they already have a venue um it's disappointing to me that um the the homes
It's disappointing to me that the homes are very, very close, and the parking is very, very difficult.
are very very close
And this makes it much more difficult for the people who live in this community.
I appreciate your time, sir.
Thank you. Thank you, Pastor. We appreciate you calling in.
Is there anyone else in the virtual audience?
I see no other hands, Mr. Chair.
Planning Commission.
we're on bed in our city planning this property is indicated for commercially mixed use on the
city plan our adopted comprehensive plan recommends no change to the existing zoning
at this location the proposed use is not permitted in cmx 2.5 the applicant has not demonstrated
evidence of physical hardship that would prevent them from using the property as per the zoning
code. The Planning Commission, therefore the Planning Commission recommends that the Board
deny the variance. MI 2021-002633-5929 North 5th, I vote no. My vote is no.
Thomas Holliman, my vote is yes.
James Snell, my vote is no.
Ishmael Shahidi, my vote is no.
Thank you.
MI 2021-001633, 5928 Walnut Street, Leo Movahill, Attorney.
Mr. Mulvihill has been promoted to panelist.
Mr. Mulvihill, state your name and spell it for the court reporter.
Certainly.
It's Leo Mulvihill.
That's M-U-L, V as in Victor, I-H-I-L-L.
Address, 937 East Westmoreland, Philadelphia, 19134.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and talk about their relationship with this property?
Yes, my client is Alan Borowich, who's on the line. He is the principal of the LLC that owns, which is City Block Acquisition 7.
Okay, and our vice chair has a few questions.
Hi, Mr. Melba Hill. Do you agree to write the reading of the refusal and stipulate to its accuracy?
Have you mailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or 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?
Materials were given. We had met with the RCO. We just received letters recently. They have been forwarded separately to the RCO, but I have appended them to my presentation today.
Okay. Well, you still may proceed.
all right thank you uh good afternoon member or leo mulvihill here for city block acquisition 7 llc
you can see my title page right now i have refusal appeal project information form at one
area zoning maps at eight deed at ten commercial activity license at 18 tax clearance at 19 zoning
notification at 20. i have two rco letters uh which i'll review we just received those earlier
today and i believe one yesterday photos of the property and then plans so members of the board
originally this was proposed to be a multi-family unit for six dwelling units we're going to ask for
a proviso to amend that and i'll get to that in a moment for slightly fewer units and that's after
lengthy discussion with the rco this is a shot of the area so you can see we have a big mix of rsa3
which is our parcel. CMX3, CMX2RM1. So there's a lot of multifamily already in this area with
the exception of this little pocket here. And I'll let the board know that there are several vacant
lots in our current location. You can see them indicated here on page nine of my presentation.
Now we're just talking about the one of them. This is my client's deed at page 10.
client's activity license at 18 tax info at 19 there's our zoning letter at page 20
indicating that we did hold a meeting oh my in july of 21 and that's how long we've been
working with the community to try to come to some sort of resolution that would be amenable
to them there's a copy of my notice of mailing this is the most important you can see there's
no page number on this like i said we just received it it's dated april 4th and this is
a letter of support from west philadelphia economic development council so basically upon
hearing the concerns of the neighbors we receive support for the following three two bedroom two
hearing the concerns of the neighbors, we received support for the following three two-bedroom,
two-bath units, two one-bedroom, one-bath units, instead of the original proposal of six one-bedroom,
one-bath units. So a reduction of a number of units and some of the units became larger.
Next page, a letter that I received April 6, which was sent in, I believe, to the board as well,
indicating that Achievability supports this development of 5928 Walnut Street as amended.
I'm going to get some photos of the property. Here we go.
And there have been multiple postings of this property, members of the board, so
you can see we have a church across the way, largely a residential area. Walnut Street on
this block is very heavily trafficked. We have these two empty lots that are here that we're
going to develop the one. Here's our proposal. We're going to have a brick front door here.
This is going to be a side alley to allow for access, which we can all see in the overhead
site plan here. The building is a little bit larger than the neighboring structure, but not
overly so. Here we go. So going to the next page, we can see that unit one and unit two are both
by level uh two bed um two bath units as discussed in the proviso letter from west philadelphia
economic development council then we have level three better than the front i mean unit the front
unit in the back and they're all color coded to make it easier to see and then unit two pardon me
i was kind of reading these backwards isn't much is a significantly larger unit bedroom to the front
bedroom to the rear. So rather than having six smaller units, we increase the size after lengthy
discussion with the neighbors. That's just a side elevation of the property as well.
So members of the board, considering the fact that this is a small area of RSA 3 tucked within a
large mixed-use area, specifically RM1, CMX3, and others, and the fact that we have revised the plan
as such, and as a result of this revision, have the support of two RCOs. We would respectfully
request that this board grant the zoning variance, as this lot is very large, and there's a hardship
in developing a single-family home by right in that it would be economically not feasible to do
so, considering the size of the lot. We're happy to take any questions at this time. I would ask
alan if you're still there to unmute uh pardon me raise your hand and then once you recognize
the mute and you'll be sworn in
alan are you there yes okay chair who's going to square you in
can you state your name and spell for the court reporter please
yes alan borovitch um a-l-l-e-n last name b-o-r-o-b-o-r-o-v-i-c-h
do you swear for him to tell the truth the whole truth and nothing but the truth
proceed all right so alan you've heard my testimony today yes and in addition to my
testimony you've had individual conversations with these rcos
to come to this agreement with them correct
we went back and forth we devised the plan
and met with your neighbor and
is there anything you'd like to add to my presentation today other than what
you've said and do you accept my testimony as true
and accurate and otherwise adopt it as your own
thank you the board may have some questions for you what questions from the board no mr chairman
mr mobile did i see right that you're only building on one lot yes it's just one lot
but there are i believe there's at least two there okay questions or comments from the um
um virtual audience
i see no further hands mr chair planning commission ron bednar city planning this
property is indicated for residential on the city plan based on amended plans we