civus
Hearing audio

ZBA Hearing - February 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 4, 20264h 28m

Commercial trash pickup, just as has always been the case for the commercial operators along Fairmount Avenue, but with some very defined.

Similar wording

operators along fairmount avenue but with some very defined strictures in place storage of trash

Similar wording

out of the public view in sealed pest-free containers with restricted hours on pickup

Similar wording

through a community benefits agreement that is more extensive than what i'm mentioning to the board

Similar wording

there are good neighbor commitments in place for example although we don't anticipate heavy cooking

Similar wording

because that's in the restaurant next door, there is a new exhaust system proposed with venting

Similar wording

through the roof. The menu itself is very much as I had described, the Greek delicacies,

Similar wording

the special coffees, spinach pies, and special sweets, some easily takeout types of egg sandwiches

Similar wording

that are particular to the Greek culture.

Similar wording

I can come back to this if members are more interested.

Similar wording

And here is Council Member Young's letter of non-opposition,

Similar wording

the coordinating RCO's letter of non-opposition,

Similar wording

noting that the commercial first floor was previously owned

Similar wording

and occupied by the chiropractor, housing his practice for many years.

Similar wording

and in relevant part noting quote we believe that the proposed greek bakery and coffee business will

Similar wording

be an asset for the neighborhood and for the fairmont avenue commercial corridor

Similar wording

end quote quote the proposed use will not result in adverse effects for nearby residents or the

Similar wording

community and in addition we have shared only just a few minutes ago some nearby neighbor letters of

Similar wording

support that are more specific that i won't get into in the interest of time mr chairman and

Similar wording

members of the board the authorization of variance relief will not alter the character of the

Similar wording

neighborhood or district or be detrimental to the public welfare the proposal fits into the

Similar wording

surrounding area uh in the interest of time nick is here to adopt and affirm and we're

Similar wording

happy to answer any questions could you please state your name and spell for the stenographer

Similar wording

Nikolaos Kravartis, N-I-K-O-L-A-O-S, K-R-A-V-V-A-R-I-T-I-S.

Similar wording

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

Similar wording

I do.

Similar wording

Counsel?

Similar wording

Good morning, Nick.

Similar wording

You've been present for the entirety of this hearing before the Philadelphia Zoning Board of Adjustment.

Similar wording

Would you adopt and affirm the testimony that I've offered as your own?

Similar wording

Yes.

Similar wording

Thank you, sir.

Similar wording

Questions from the board?

Similar wording

Yes, I have a question.

Similar wording

You mentioned that the trash will be stored in bins out of sight.

Similar wording

Will that be in the rear yard?

Similar wording

It's proposed, Mr. Johns, with community input in the alley out of the public eye in very specific plastic bins with wheels and only to be taken out at hours that are really when people would not be sleeping normally.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Are there any plans to take down the fence between the two properties and combine the backyards or use the backyards as a shared space?

Similar wording

There are not. And per the request of the coordinating RCO, we have agreed that should that what I've just said change, that we would have to meet with them and have their consent not to be unreasonably withheld, etc.

Similar wording

And then is the plan to manage the the upstairs property yourself?

Similar wording

The upstairs property? The apartment.

Similar wording

Self-managing is my understanding, Nick. Yes, yes, yes.

Similar wording

Just for clarity for me. So this is a separate business.

Similar wording

This is not an extension of your business currently.

Similar wording

Separate, yes. So we'll have a separate name and just be a separate entity.

Similar wording

yes okay thank you other questions yes question and it's not so much about but this is

Similar wording

spring garden was the civic association not fairmount civic yes uh although fairmount civic

Similar wording

is an rco that could have weighed in and uh but but the district council member selected

Similar wording

Spring Garden Civic Association as the coordinator. Fairmont Avenue. Wow. I'm not going to opine,

Similar wording

and I'm quite sure we're grateful for the involvement and the input of any civic that

Similar wording

is interested. I believe that Spring Garden Civic is participating virtually as we speak.

Similar wording

All right. Okay. And no disrespect to Spring Garden Civic, just saying where this is located

Similar wording

I'm a little surprised at that. So my other thing is, now you said that there's going to be very

Similar wording

limited seating here. So is the plan to

Similar wording

seating here so is the plan to at some point have outdoor seating like they have at Zorba's

Similar wording

there's no plan for that right now Ms Gaston um it really is as I hope I had tried to describe

Similar wording

that that neighbors walk in they might see somebody that they know and then they go out

Similar wording

with their dog or if they're not a dog person they go out for their stroll along the the drive

Similar wording

things like that but this is this is a different type of establishment in that way okay and then

Similar wording

the agreement you have about the trash that's all to make sure that with all this strolling

Similar wording

we don't stroll and yeah it's it's it's real I didn't want to take up the board's time I'm happy

Similar wording

to get into it should you wish but it's a very tight agreement uh i've worked and probably many

Similar wording

board members know pat freeland uh with spring garden civic association pat pat drafts some some

Similar wording

of the tightest agreements that i've that i've ever seen to the credit of the community and the

Similar wording

organization okay all right thank you other questions questions for our attorney um not so

Similar wording

much a question just a comment since there's still going to be the apartment

Similar wording

above the board may want to consider a proviso just indicating that other

Similar wording

previously approved uses to remain since it the refusal didn't really have that

Similar wording

and just kind of just said take out I appreciate council's comment thank you

Similar wording

questions or comments from the virtual audience or the current audience here

Similar wording

Sure. I have a hand up for my Justino Navarro.

Similar wording

Sure. Spring Garden Civic Association.

Similar wording

Move them right now.

Similar wording

Good morning. Morning, sir. Could you please state your name and spell

Similar wording

for the stenographer? Yes. Excuse me. My name is Justino Navarro,

Similar wording

J-U-S-C-I-N-O

Similar wording

N-A-V-A-R-R-O

Similar wording

Alright, do you swear or affirm to tell the truth

Similar wording

the whole truth, nothing but the truth?

Similar wording

I do. Please proceed.

Similar wording

Thank you members of the board and Mr. Chair

Similar wording

Mr. Chairman, I'm in

Similar wording

I am in representation of the Spring Garden Civic

Similar wording

Association and the Zoning Committee

Similar wording

and for clarification purposes

Similar wording

and the benefit of the board, I'd like to

Similar wording

clarify that the block on which this

Similar wording

restaurant is located has

Similar wording

been in the geographic boundaries

Similar wording

of the Spring Garden Civic Association since its foundation in 1960.

Similar wording

In fact, the boundaries of the Civic Association go from Broad Street,

Similar wording

the west side of Broad Street, to Pennsylvania Avenue,

Similar wording

and from Fairmont Avenue to Spring Garden Street.

Similar wording

And it's also part of the Spring Garden Historic District,

Similar wording

a historic district recognized by the City of Philadelphia Historical Commission

Similar wording

for clarification purposes.

Similar wording

We were designated as the Coordinated RCO by the Councilman's Office,

Similar wording

and we appreciate that uh as is customary but i wanted to commend uh the counts count the uh

Similar wording

board the council uh adam neighbor and also mr gravaritis because we've entered into discussions

Similar wording

with neighbors that are right behind the property and uh they had some concerns and issues regarding

Similar wording

the operation of the proposed operation of this bakery and even of the zorba's restaurant and

Similar wording

to the property owner's credit and service owner credit we entered into a cba on both properties

Similar wording

2232 and 2228 and 2230 uh famine avenue and as council indicated it's a very um specific uh cba

Similar wording

that guards the interests of neighbors but also is intended to incent the expansion and viable use

Similar wording

and ensure that the property owner at Zorba's and the bakery thrives on the Ferman Avenue commercial corridor.

Similar wording

So, having said that, I would encourage the board to approve the application as submitted

Similar wording

to ensure the continued development of Ferman Avenue as a very vibrant commercial corridor.

Similar wording

Thank you, Mr. Chair.

Similar wording

Thank you for calling in. We appreciate it.

Similar wording

Anyone else in the virtual audience?

Similar wording

I do not see any hands with the chair any commission

Similar wording

good morning chairman and board members David Fecto with the city planning commission

Similar wording

chairman the comprehensive plan recommends no change to the RM1 residential multi-family

Similar wording

zoning at this location the city rezoned this neighborhood in 1974 and a council supported

Similar wording

map change this property has a documented history as ground floor commercial with residential use

Similar wording

above the city planning commission recommends that the board grant the proposed use variants

Similar wording

for a takeout restaurant thank you mi2025 004 753 22

Similar wording

Thank you. MI-2025-004-753-2232 Fairmount Avenue, I vote yes with proviso. All previously approvals to remain.

Similar wording

Michael Johns, my vote is yes with provisos.

Similar wording

Cheryl Gaston, my vote is yes with provisos.

Similar wording

Teneda Graham, my vote is yes with provisos.

Similar wording

Vivian McAdams, my vote is yes with proviso.

Similar wording

Iowan, nice and phono, which is me saying yes with provisos.

Similar wording

thank you mr chairman and members of the board you do have a great place by the way when i drive

Similar wording

when i drive by there and i see people sitting outside it looks so relaxing

Similar wording

okay um mi 2025 000 486 35 22 to 24 north a street nicole span

Similar wording

applicant three

Similar wording

oh good morning good morning um could you please state your name and spell for the stenographer

Similar wording

nicole span that's n-i-c-o-l-e span s-p is in paul a-n-n right do you swear or firmly tell

Similar wording

the truth told truth nothing but the truth are you going to use your computer or somebody's

Similar wording

doing it for you i didn't use my computer look she's going to use hers right

Similar wording

how do i do that though

Similar wording

thank you

Similar wording

why don't we do this why don't you what why don't we take you back there we'll get you straight

Similar wording

and then we'll come back and um let me jump around here a minute I'm going to go to number 11

Similar wording

MI-2025-001-863-1503-Crestwood Road.

Similar wording

Vernon Anastasio is the attorney.

Similar wording

I'll be coming back in as a pen of a short one, Mr. Chair.

Similar wording

Yeah, I just, yeah, I'll do 10-11 together, right?

Similar wording

i just wanted to make sure that i isolated was sitting there and i got this one we'll have

Similar wording

nobody left what we're done yep

Similar wording

is that why are we doing 10 11 together

Similar wording

okay so yeah so just a one yeah yeah i'm a little nervous there

Similar wording

burn yes sir uh burn you've already been sworn um um could you um state your name for the record

Similar wording

yep it's verna anastasio on behalf of claudia shooty the owner all right thank you our vice

Similar wording

Chair has a few questions for you. Thank you. Good morning. Morning. Have you submitted your

Similar wording

documents and exhibits five days in advance of this hearing? I have. And do you waive the reading

Similar wording

of the refusal and stipulate to its accuracy? I do. Okay, thank you. You can share your screen

Similar wording

and proceed with your case. Thanks. Mr. Chair, members of the board, we're here for this shed

Similar wording

here. My client started to build it thinking that they could do that by right, but he learned

Similar wording

subsequently that a shed of that size could only be, I'm going to pull that up, 130 square

Similar wording

feet. The shed as proposed and it's only because of the overhang. It's 379 square feet. It's being

Similar wording

used to house, you know, it's a pretty large property being used to house gardening equipment

Similar wording

and outdoor furniture. And the nearest home is literally 60 feet from the shed. So it's

Similar wording

It's not a bother to anyone, which is why it enjoyed overwhelming double-digit support with absolutely no one attending the RCO meeting in opposition, which is why the RCO sent a letter.

Similar wording

And which is why the RCO sent a letter of support, why the council office was also generous enough to send a letter of support.

Similar wording

And I believe you'll hear testimony today, not only from the council member O'Neill's office, but also Jack O'Hara of the greater busselton.

Similar wording

He's also present today to express overwhelming support for this, for the shed.

Similar wording

There were violations so that my client then went into action and tried to legalize.

Similar wording

And that's why we're here.

Similar wording

It took us some time to get here.

Similar wording

But, of course, this is an unfinished product.

Similar wording

But that's the shed.

Similar wording

These are the photos of it.

Similar wording

As you can see, it's a very large property.

Similar wording

it doesn't impact

Similar wording

adversely anyone at all

Similar wording

and

Similar wording

in fact many neighbors

Similar wording

expressed an interest in

Similar wording

getting bigger sheds themselves

Similar wording

just some

Similar wording

interior workmanship

Similar wording

shots that we have here for you

Similar wording

Byrne, do you have the letter of opposition?

Similar wording

There is no opposition that I know of.

Similar wording

Do you have a letter of opposition, Mr. Chair?

Similar wording

We do.

Similar wording

We have a letter of opposition from the adjacent neighbor.

Similar wording

Yeah, well, I'm just telling you, that's all.

Similar wording

I didn't know that there was a letter.

Similar wording

The adjacent neighbor has, you know, even those good fences make good neighbors.

Similar wording

there is some sort of history there

Similar wording

that has really nothing

Similar wording

to do with this shed

Similar wording

the neighbor was mailed

Similar wording

and here's your proof of mailing here I have

Similar wording

they were no show at the RCO meeting

Similar wording

but there was

Similar wording

significant

Similar wording

attendance

Similar wording

and they all voted in support

Similar wording

as this letter shows here

Similar wording

We've got nearly 30 people voting to support and 14 to oppose, no opposition.

Similar wording

And, you know, the dimensional variance, as far as I'm concerned, it really is negligible.

Similar wording

And the only reason why they count some of that is because of the overhang.

Similar wording

So, you know, because this doesn't impact adversely anyone, and because, you know, the nearest home is literally 60 feet away, and because of the overwhelming support by the RCO, the Greater Busselton, and the Council Office respectfully requesting the granting of the variance.

Similar wording

With that, I'd like Claudia Schutte to raise her virtual hand and be recognized.

Similar wording