So that is why we are back here trying to renew that variance.
So that's, here we go, the notice of division.
The proviso was again, the three-year temporary.
Zoning maps of the area, which we'll come back to. This is the overhead view. It's part of a large
former ammunition factory, but we're talking about less than a thousand square feet within that
property. So this is the photographs of my postings. This is, so let me just tell you before
we go further about the packet, there's photos and there's plans, but this is 2848 Chatham Street.
like I said, it's a large former ammunition factory. It's currently zoned I-2, and it runs
street to street between Cedar and Chatham Street on the block that's just north of Somerset
in Port Richmond. But we are talking about, these are photos of the interior of the space that will
be being used as an event space. So you can see it's not a large space. So this is the plans for
event hall and this is the entire first floor we're just talking about this little space right
here which is along the cedar street side of the property so um like i said this building uh trendy
hall is um our application is for a small event space our application says up to 100 people um
their typical event is probably going to be around 50 and i think that upon further evaluation
of the fire code, we're probably going to get an occupancy of no more than 75 people.
But the application was for 100 just because that was the maximum we could possibly conceive
would be in that place. So the typical event would be like a kid's birthday party, a baby shower,
maybe a wedding shower, and other sort of like family-oriented events. I know that they've done
like you know pictures with Santa type things in some of their other locations um the the hours are
rather limited it's going to be a Friday Saturday Sunday primary operation the latest any event would
go is 11 o'clock on Friday or Saturday with an additional cleanup hour Sunday any event would
have to end by eight um and and their experience has been that the type of people and events they
cater to tend to be during the day and be done much earlier than those hours. I wanted to also
note that the garbage will be stored in a dumpster along Cambria Street, which is here. It'll be
permitted and licensed with commercial trash pickup. There are no houses on Cambria. This is
a rec center, and this is one of the sides of the building, so you're not going to have a dumpster
facing anyone's home, which I think is really great location to take care of any trash issues.
which I think is really great location to take care of any trash issues. And also Michelle and
Jadelyn are going to be on site for all events. And they are experienced operators. They had
previously operated an event space smaller on Richmond Street in the same community
with great success. So they were looking for a bigger space and actually moved to this location
and operated in 2016. Unfortunately, there were some issues with code violations on the building
and that business had to be shut down as well as all of the issues, other businesses in that
building. All of those are up to date and repaired and there are no open violations on the building
at this time. And like I said, so after that they applied for variance and it was granted for the
same thing in 2019. So here we go. This is the, and they have a use permit. Um, and so now that
was a three-year temporary and they are looking to have a five-year temporary, um, for their new
lease period of five years. Um, I just did want to talk about zoning for a second. Like I said,
the community is in support of this. Um, overwhelmingly it's a, it's a business for
the community. It's not, uh, for sort of people to have things that they can't fit in their row
house. So this building, like I said, is zoned I-2, which is a medium industrial use. You can
see it. This is this building right here. An I-2 zoning district allows for manufacturing and
production of large equipment and also auto repair. It includes uses by rate of general
industrial uses, which by code can, because of the scale or method of operation, regularly produce
odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond
the property lines of the subject property. I just wanted to put on record that this is a
substantially less impactful use on the community than what would be allowed by Wright in an I2.
We will not have any noise, odors or vibrations extending beyond the walls of the property
and the history of use of this property
by the neighbors can attest to that.
I just want to also point out
because this property is zoned I-2.
It's not really suitable
for high-intensity industrial anymore
and it's because of how industry has progressed
from the time that this was an ammunition factory.
And you see along the Somerset-Lehigh corridor
how you have ITU as an intensive industry, and they're surrounded by ICMX, which is this lighter
purple color. If this building was zoned ICMX, which I would say is a more appropriate zoning,
this would be allowed by Wright. The ICMX zoning district is something that's intended to serve
uh a mix of low and in and uh a mix of low impact industrial and commercial spaces
um that are catered towards the neighborhood right and serve as a transitional area between
Jaden, would you please unmute yourself or wait for the chair?
Hi, could you state your name, please, and spell for the court reporter?
Michelle Sharp.
It's M-I-C-H-E-L-L-E.
Right.
Last name Sharp, S-H-A-R-P.
Right.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Michelle, you heard my testimony here today?
And you believe it to be truthful and accurate?
And you would adopt it as your own?
Thank you.
Thank you.
Anyone else in the virtual audience with comments?
Chair, I see no other hands at this side.
Planning Commission.
This is Ron Bednar, City Planning.
The property is split zone for industrial and residential, and the city plan recommended
another time-restricted temporary variance be permitted. Okay, thank you. So MI 2022-003-810-2884
Chatham Street, I vote yes, proviso. Temporary variance to expire 331-27 and assembly and
entertain entertainment use limited to space 1b carol scenario my vote is just with proviso
thank you counsel thank you so much have a good one all right you too number three mi2022
001 928 6830 ogans avenue sean ward is the attorney letter of support for the
10th Ward Democratic Committee. Good evening, Mr. Chairman. Sean Ward, S-H-A-W-N-W-A-R-D,
Esquire, Attorney for the Applicant, 331 East Street Road, Trevos, P.A. Do you swear or affirm
to tell the truth, the whole truth, nothing but the truth? I do. Could you identify your client
and the relationship to the property? My client is A. Bryce Broad. He is the principal or managing
member of East Hilton Properties LLC, which is the owner of the subject property. All right. And
our vice chair, Carrollton Airy, has a few questions. Yes. Hi, Mr. Ward. Do you agree
to waive the reading of the refusal and stipulate to its accuracy? Yes, I do. Okay. Have you emailed
proof of ownership, tax compliance, a copy of the refusal 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?
Yes, to all of the above. Okay, great. You may proceed and begin with what you've done,
sharing your screen. Thank you. Mr. Chairman, I've submitted my typical exhibit packet,
which includes A1 as the notice of refusal. This is an application to confirm the use as retail
sale of consumer goods in space two, an eat-in restaurant in space one, and an existing hair
weaving salon in space three, in an existing structure with previously approved four dwelling
units above. The application was refused as retail sales is prohibited in the district,
as is eat-in restaurant is prohibited in the district. Accordingly, we seek use variances
today. A2 is the ZBA application of appeal. A3 is the project information form. A4 is proof of
ownership. A5 is proof of tax clearance. A6 is a site location map. A7 is a site plan. A8 are
photographs of the posting, the subject property, aerial views, and street views. A9 is the RCO
letter of support from the 10th Ward RCO. A10, if submitted, I know Dylan Mahoney was on a previous
Copy of the deed. We have our tax clearance. Here is the site location map, as you'll see. This is located near the Five Point intersection of Ogons Avenue, North 90th Street, Haynes and Wincote Avenue.
So with regard to the floor plan, there is basically the three storefronts along the front of the property, unit one being the restaurant, unit two being the retail clothing store, and three being the retail hair salon.
This is a copy of the, a picture of the front of the building with the toning poster in the front door on unit two.
Here is a copy of the actual poster in that door.
Here is a Google street view of the subject premises.
As you can see, it's a well-established three-unit storefront with residential dwellings above.
This is a Google angle view of the subject property at the corner.
Oguns Avenue facing northbound, Oguns Avenue facing southbound.
This is the RCO meeting notice.
It had a copy of the refusal attached.
It was sent to the following addresses.
Our certificate of mailing went out to 74 separate properties on July 27th, notifying
them of that meeting.
We have all of the zoning permits.
Not to belabor that, I'll go right to the final two, which are the most important.
As you can see, in 2012, the very same uses were granted by a variance from the Zoning
board in 2009. And again, in 2014, before the zoning board, those same uses were granted.
Here is the zoning map. It is zoned RSA 5, another aerial view. And in summary,
the applicant owner is East Hilton Properties. They purchased the property in 2021.
It is zoned RSA 5. At the time they purchased it, it was an existing three commercial spaces
in the four apartments with the identified uses. The reason for the application, the previous
owner's rental license lapsed and expired. This is much, much similar to Alan Notkinson's last
application that he presented. The new owner applied for rental licenses. It was denied
as the uses were deemed abandoned or discontinued due to the fact that the
rental license expired. So we needed a new zoning permit required to obtain those licenses.
I submit there's been no change in the uses. It was never discontinued nor abandoned.
The uses date back to 1960, and most recently in 2012 and 2014, the Zoning Board granted variances for the very same uses we're here for today.
Accordingly, we ask that the Board confirm the variances previously approved for these existing uses.
Mr. Weisbrot is unavailable today, but as an officer of the court, I would verify or certify that he has reviewed the exhibit packet.
My representations to the board, he would verify that they were true and correct and he would adopt them as his own testimony.
Questions from the board?
No, Mr. Chair.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no hands, Chair.
High planning commission.
Excuse me, Chair.
dylan mahoney oh sure sure i'm mr mahoney just state your name you've already been sworn
good afternoon dylan mahoney all right proceed good afternoon mr chairman members of the board
um dylan mahoney from the office of council member anthony phillips um you know we have
received the letter um from the 10th ward rco um documenting the um the community meeting
regarding this project and the council member has no opposition to the branding of the variance.
Thank you. Thank you very much. Planning Commission. This is Ron Bednar, City Planning.
While this property is currently indicated for residential on a city plan given the site's
physical condition and its documented use history, we recommend the request for variance be granted.
Thank you. MI 2022, 001-928-6830, Oguns Avenue, I vote yes.
Carol Tineri, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you. Thank you, Councilman.
Thank you, Mr. Chairman.
Have a good evening.
Excuse me, Mr. Chair.
Sorry, this is Hillary.
I just have to interject and clear up one thing.
This was an error in my part.
number six that we continued um mi-2022-003829 right that's 629 north 40th street not south
40th street okay that was that was an error in my notes thank you all right thank you very much
okay so number four mi-2022-003-809-2039
MI 2022-003-809-2039 South Fish Street, letter of non-opposition from 7th Street Community Civic Association, letter of non-opposition from Council Member Squilla, Tracy Soller is the attorney.
good evening tracy soller t-r-a-c-y s as in sam a-u-l-e-r at 1019 south 8th street right
do you swear or affirm to tell the truth the whole truth nothing but the truth
i do could you identify your client in relationship to this property
Yes, I'm here with Tung Phan and Tam Phan, the owners of the building located at 2039 South 5th Street.
Thank you. So our vice chair just has a few questions.
Hi, do you agree to wait the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral, photos and or plans of the property five days in advance of this hearing?
and have you met with the RCO and do you have a letter? Yes to all with one exception. I'm still
waiting on one certificate of tax compliance for one of the owners. There was an issue that was
cleared up but the system hasn't updated yet to get us that verification. That can be submitted
to the board within I would say by Friday of this week within two days. Ms. Soller this is Hillary.
If that involves individual taxes, we don't need to see that.
The board only needs to see that the taxes on the property, the real estate taxes, are in compliance.
And I believe that information was submitted in your packet.
Okay, thank you.
You may proceed and begin by sharing your screen.
Thank you.
Thank you.
we're here today seeking the use variance for the property located at 2039 which is
on south 5th street but it's on the corner of snyder and 5th street in south philadelphia
there is currently a use permit for this property to be used as a sit-down restaurant
And I will go through and show that really quickly.
This was back in 2011.
There was a permit for the serving of hot and cold food as part of a takeout restaurant.
The property, I believe, was used as a sit-down restaurant for some time.
I couldn't say exactly how long, but the previous tenant at the property used the restaurant as takeout and sit down from at least 2018.
And then I believe the owner used it as a takeout and sit down as well prior to that.
They're seeking sit down with less than 30 seats for early day, early morning and closing early in the evening restaurant.