civus
Hearing video

ZBA Hearing - May 21, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20255h 4m

renovated it's already been this way for for years uh this is them trying to correct it because they

Similar wording

found out that the zoning was incorrect um so it's already constructed it's the inside when

Similar wording

you first walk into the door this is pictures of the back like kitchen area

Similar wording

these are additional pictures of the kitchen area so as mentioned this stuff has already been like

Similar wording

this for years if there's no um construction that's going to happen um because it's already

Similar wording

been this way for years they're just trying to correct the zoning um to make it proper

Similar wording

and here's again a close-up picture of the outside of the establishment

Similar wording

um concrete cafe um as mentioned these are posting of the of the notices i should have

Similar wording

some more some more pictures of the inside towards the bottom of the presentation i'll show

Similar wording

um a close-up picture of that notice um they were able to have an rco meeting

Similar wording

um and they got the support of the rco

Similar wording

so the rco emailed over this so it seems like there was some type of issue they didn't

Similar wording

do like a formal letter but they did email over their support um for the establishment

Similar wording

There were no, there were no opposition to, to the, to the establishments, as I mentioned, it's been a staple in the community for some time now.

Similar wording

And as council mentioned that, I guess the original, the original upload did not have a, like a, I guess it didn't zoom in on the picture of the posting. So here's a close up picture of the posting of the notice for the hearing.

Similar wording

And yeah, that concludes the presentation.

Similar wording

You want to bring your client on?

Similar wording

Yes, Ms. Bates, Ms. Bates, are you on the call?

Similar wording

here we come back in as a panel shortly thank you

Similar wording

Thank you.

Similar wording

I'm here. Can you hear me?

Similar wording

Hi, could you please state your name and spell for the stenographer?

Similar wording

Yes, Egypt, E-G-Y-P-T-B-A-T-E-S.

Similar wording

Do you swear or affirm

Similar wording

that tell the truth, the whole truth, nothing but

Similar wording

the truth? Yes.

Similar wording

Please proceed, counsel.

Similar wording

Hi, Ms. Beats. Did you hear my testimony?

Similar wording

Yes.

Similar wording

And was it true and accurate?

Similar wording

Yes. And would you adopt

Similar wording

my statements for the board?

Similar wording

Yes. Thank you.

Similar wording

Board, I get with that.

Similar wording

We're going to open it up for questions.

Similar wording

Devin, how long has it been in operation?

Similar wording

I'm going to

Similar wording

How long, I guess, Ms. Bates, how long has the business been in operation?

Similar wording

It was in operation from 2014 to 2021, if I'm not mistaken, it was that year, 21.

Similar wording

Okay, thank you.

Similar wording

Questions from the board?

Similar wording

Yes, so do you have the support of the neighbor that's adjacent to you?

Similar wording

Yes.

Similar wording

They actually came to the meeting and signed the paper.

Similar wording

okay and then just to be clear we're not doing any construction and we're simply just trying

Similar wording

to legalize the takeout portion so right this is a double lot yes okay and then where is the

Similar wording

trash currently being stored the trash is currently being stored um for the it's stored in a front in

Similar wording

the back of the store and then it's taken out on a side where we pay for a trash pickup is there

Similar wording

is there a picture of the side or just these two photos of the interior no it's no picture

Similar wording

dated i'm sorry i didn't know i needed a picture of the side i guess maybe you're talking about

Similar wording

right here maybe this beats does it come out of this side or is this the side over here yeah

Similar wording

that's where the trash comes out but you see the corner of charmers the train is like a whole

Similar wording

another corner it goes all the way around a corner okay and then how do you handle deliveries

Similar wording

um i never did okay we pick up our products um daily okay so you're going out you're picking

Similar wording

things up and bringing it in daily through i guess through the main door correct okay

Similar wording

and my other question is um are you okay with the hours to um or she requested uh hours from

Similar wording

11 a.m to 8 p.m is that something you agreeable to yes all right any other questions hillary let

Similar wording

me ask you a question i mean when this address we're using does that mean that whole property

Similar wording

i mean how do we just say that it's only for there i'm trying to so yeah i was just gonna

Similar wording

i was just gonna ask um because it does indicate on the refusal that this is in an existing

Similar wording

structure um with other existing uses um as previously approved um either mr ukta or miss

Similar wording

bates are you able to just give a little bit more information about what's at the property because

Similar wording

it looks like there's a whole nother house to it this is just a small portion of it yes um next

Similar wording

door to it is apartment building right okay that's but that's part of i mean it's part of that

Similar wording

address right yes correct all right um i mean so i'm mr sheriff something like i mean if we did the

Similar wording

whole building right put a restaurant in the building right no i mean i think um i mean we

Similar wording

don't have like a a key plan while we do a floor plan but um i mean you could um perhaps if the

Similar wording

board is inclined to grant to a proviso indicating that there'd be no you know no no expansion

Similar wording

of the use on the current footprint okay how many units are in the apartment building

Similar wording

five and are you you're one of the co-owners of the apartment building correct correct

Similar wording

is there a unit name like how where do you get your mail for the restaurant does it say

Similar wording

like rear or

Similar wording

R or... No, it says

Similar wording

office.

Similar wording

The mailing

Similar wording

address for the restaurant.

Similar wording

Yeah, it's 2823

Similar wording

West Somerset

Similar wording

through 2823 through 25 West Somerset

Similar wording

office. It goes directly

Similar wording

to the front door of the store.

Similar wording

Yeah, we got to do something. We got to put something

Similar wording

there to just...

Similar wording

I mean, should we say

Similar wording

Shall we say first floor extension?

Similar wording

first floor

Similar wording

extension? It's like

Similar wording

It's like a...

Similar wording

It's like a...

Similar wording

I mean, there is like a key plan.

Similar wording

Mr. Ucta, could you scroll back to the plan?

Similar wording

Want me to zoom in?

Similar wording

Yes, please. Thank you.

Similar wording

Because, I mean, it is like an accessory building on the first floor.

Similar wording

Is it attached to the main structure or is it detached?

Similar wording

Yes.

Similar wording

It's attached by one part, and you can probably see it in the front.

Similar wording

It's attached by the roof.

Similar wording

Okay.

Similar wording

I just want to note, too, there appears to be a refusal missing for multiple principal uses on this lot.

Similar wording

So I just wanted to make a note of that, assuming that has not been previously approved.

Similar wording

Are you able to zoom that in anymore?

Similar wording

I'm just trying to.

Similar wording

Sorry.

Similar wording

Okay.

Similar wording

that's it here right

Similar wording

yeah it would i mean it would be helpful if the i think if the the commercial area was like shaded

Similar wording

a circle it's like there's there's some common colors between the commercial area and the

Similar wording

residential area the green hatching so if the commercial area was all just shaded in one

Similar wording

particular way or denoted as space two or something like that then it would be a little

Similar wording

easier to you could stamp this and proviso um that the use is limited to the space indicated in the

Similar wording

key plan um devon you hear that yeah so i guess um maybe i can put a name on it like maybe like

Similar wording

apartment building versus store and when i upload it because i have to upload it anyway where she

Similar wording

has to upload it with that picture of the front and maybe the proviso says

Similar wording

i guess this references the restaurant portion because i mean i guess it's clear that one part

Similar wording

is a restaurant or one part is like um residential uh is there is there a way to to just get like

Similar wording

this portion of it here and just have just have the you know the architect or draftsman whoever

Similar wording

did this make it all rich just yeah just have them like outline the commercial area in red and

Similar wording

just write commercial and then the green can be residential say residential and then we can just

Similar wording

say that it's limited that way also just to be clear is the garage that's on the property

Similar wording

still standing

Similar wording

or was the garage

Similar wording

converted into the commercial

Similar wording

space? Correct. It was

Similar wording

converted. Yeah, because

Similar wording

there's a 2022 permanent from L&I

Similar wording

that says that they need to legalize

Similar wording

the four units and the combined

Similar wording

use of the either existing

Similar wording

vacant garage or they

Similar wording

need to redefine the garage as the commercial

Similar wording

space. It's called the rear garage, former rear garage.

Similar wording

Correct. That's where we

Similar wording

started. Oh, but the

Similar wording

garage is only part of the commercial

Similar wording

space is that correct i think the garage is the commercial so the garage is this used to be the

Similar wording

garage yes so the garage extends all the way from somerset almost to chalmers yes it's a very unique

Similar wording

property okay i mean we could limit it to the garage that might be your garage i wouldn't say

Similar wording

rear because it's right on the front um yeah we i mean we could um yeah i mean we could limit the

Similar wording

use to the former um former garage or i mean yeah it's not detached so i don't know that we could

Similar wording

say it's an accessory structure although if it's just attached by the roof and just for clarification

Similar wording

did you ever resolve your open

Similar wording

inspection and certification

Similar wording

of your fire suppression

Similar wording

system for the building

Similar wording

yes they actually came out

Similar wording

he has to upload

Similar wording

that was done through

Similar wording

I had to deal with L&I

Similar wording

just making sure

Similar wording

because it's yeah

Similar wording

okay

Similar wording

no one else in the audience

Similar wording

right there's one other hand Mr. Chair

Similar wording

for me there's another hand Mr. Chair

Similar wording

3-5-5-2

Similar wording

Ms. Fernandez

Similar wording

Okay

Similar wording

Hi Ms. Fernandez

Similar wording

Adrienne

Similar wording

Hello can you hear me okay

Similar wording

I can Adrienne

Similar wording

Please state your name as spelled for a stenographer

Similar wording

Yes

Similar wording

Adrienne Fernandez

Similar wording

My last name is spelled F-E-R-N-A-N

Similar wording

G-E-C

Similar wording

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

Similar wording

Do you swear or affirm to tell the truth

Similar wording

Thank you.

Similar wording

Yes.

Similar wording

Please proceed.

Similar wording

Okay.

Similar wording

Swampo to RCO submitted a letter of support with one proviso and also the meeting summary form, which I believe everyone should have both.

Similar wording

I understand that Brittany is an expecting mother and anything could have happened up until the date of the hearing to try to get it moved up.

Similar wording

But that never happened. So the only proviso we had was the hours, I believe daily from 11 to 8.

Similar wording

And this building is a architecturally unique structure in the entire swamp.

Similar wording

There's no other building like it. And kind of looks like a neighborhood hotel.

Similar wording

If you think of it, we're locked in the south, but in our neighborhood, that's the only one like that.

Similar wording

But we're very familiar with Egypt's business and understand she's legalizing certain parts of it now.

Similar wording

There's never been a problem with trash or any type of upkeep.

Similar wording

And also the front has a ramp, so it's completely ADA accessible.

Similar wording

Everything else is what we wrote in the letter, and that's everything.

Similar wording

Okay.

Similar wording

Adrian, thanks for your call.

Similar wording

We appreciate it.

Similar wording

Planning Commissioner.

Similar wording

Thank you.

Similar wording

sorry about that med cavana planning commission staff um given the misrefusal i would request to

Similar wording

hold testimony um we don't oh we're not requesting i meant it okay all right then i'll read uh the

Similar wording

comprehensive plan recommends no change the existing rsa5 residential single family zoning

Similar wording

at this location however the lot is large and uniquely shaped for the zoning district and there

Similar wording

is documented history of prior commercial use at this property dating to the 1940s the city

Similar wording

planning commission recommends that the board grant the requested variance for use as an eating

Similar wording

and drinking establishment thank you uh mi 2024 004 can i just i think just looking at just looking

Similar wording

at like the photos i think it's in order to specify the space i think it's just going to be

Similar wording

easier if we have a like a key plan that just outlines exactly where the space is okay so if

Similar wording

we can if we can just hold the vote um and devon if you can work with or miss baker uh bait sorry

Similar wording

um work with whoever did the other plan just if they can just clearly outline we just need to see

Similar wording

clearly where the commercial space is versus the residential space and then we can just stamp that

Similar wording