sworn in it's uh well my name is michael williams i'm an attorney i have a matter for 59 58 vine
street i i don't want to weigh in on this matter i want to make sure we're not we're not on that case
thanks tanya any any any other hands out there
That appears to be all, Chair. If I could just put a statement on record. If you have questions, please use the Q&A box for any and all questions. Thank you very kindly.
Planning Commission.
Mr. Chair and members of the board, this is Mason Austin representing the Planning Commission.
this property is designated for industrial commercial mixed use in the comprehensive plan
and its zoning was updated in 2018 to match this designation while the property is adjacent to
uses similar to the proposal it also is also in close proximity to penny pack creek therefore
while the planning commission supports the granting of the special exception it requests the addition
of a proviso that an impermeable barrier be constructed around any outdoor areas of the
site where work will be performed in order to ensure all chemicals and waste products are
retained on site and to prevent runoff into the nearby park and waterway.
Chair, excuse me, this is Sharon. I looked up the property and there is a significant tax balance,
so it will have to be held pending proof of tax compliance or of an agreement.
Okay, so Sharon, let me ask you that quick question. Did you hear the Planning Commission's
issues? I'm sorry. Could you state the proviso again? I apologize.
Sure, no problem. The request of proviso is just that if work is going to be done in any outdoor
areas, that an impermeable barrier be constructed around those areas to prevent runoff of chemicals
into the nearby Parking Creek. I really think that that is, with all due respect,
more of a building permit issue it's not really related to um what's proposed all right so
we're going to continue this until we have information relative to the taxes am i right
yes you will hold your vote pending receipt of tax compliance the record otherwise closed
fine thank you thank you counselor thank you have a good day all right maybe maybe excuse
yes thank you we have one more case from the two o'clock so it's mi 2021-003-533-6434
tarsdale avenue rco tacconi civic association have a letter of support and it's a melanie lacy is
counsel. Ms. Lacey has been promoted to panelists. Okay, thank you.
Good afternoon, members of the board. Melanie Lacey. I'm with Claire Harrison, Harbin,
Brandsburg, 1835 Market Street, Suite 1400, Philadelphia, Pennsylvania,
19130 on behalf of the applicant.
Tell your name for the court reporter, please.
M-E-L-A-N-I-E, last name L-A-C-E-Y.
Do you swear on or affirm to tell the truth, the whole truth, nothing but the truth?
Vice Chair will have a few questions.
counsel you agree to waive the reading of its refusal and stipulate to its accuracy
i do and have you emailed an exhibit packet with the required documents approval of ownership
approval test compliance copy of the refusal or referral photos and plans five days prior to this
hearing i did and have you met with the rco and have a letter yes thank you please proceed
Thank you.
Thank you.
Thank you, Professor.
I was muted.
You're welcome.
Thank you.
I'm sorry, Ms. Lacey, this is Tanya, the Zoning Board Administrator.
Would you be able to get closer to your mic or turn your volume up maybe a little?
turn your volume up maybe a little? Sure. Can you hear me now? Yes. It's still a little faint.
Can you hear me now?
Thank you.
I apologize. That is perfect. Thank you. Sure. Okay. So the subject property is a McDonald's
restaurant located at 6434 Torresdale Avenue. And it's at the corner of Torresdale Avenue and
Hellermann Street. So here we have some photos of the existing property.
And this is a fairly simple sign application. The applicant is seeking variances for two
proposed replacement menu board signs that would be digital, whereas the existing signs,
which you can see in this photo, use paper inserts. So the refusal letter,
the refusal letter refers to the digital aspect as animated sign illumination which isn't permitted
in the cmx 2.5 zoning district or within 150 feet of a residential district
as you can see on the zoning map this portion of torsdale avenue is comprised of commercial
properties surrounded by residential and mixed-use properties
So, as mentioned, the proposed signs would replace existing signs that were previously
approved on August 5, 2008, which you can see here in the zoning history.
But I'd like to underscore that despite the refusal language, there isn't any animation
or flashing lights involved with these signs.
We're proposing next generation signs that are static, which you can see in this photo,
but allow the restaurant to digitally display and update the menu without swapping out the
paper inserts. You can also see them in this photo and here as well. So the digital screens
will display the customer's order, allowing them to confirm the accuracy of the selections and
pricing. And the screens will be only visible to drivers who are directly in front of the menu
boards due to a security screen technology feature. And you can see in this picture,
which is actually a different location, not the subject property, but it has the boards that we're
referencing, that the boards aren't very bright when viewed from a distance. So lastly, the boards
will have an integrated speaker system, which we've identified in this photo, and that'll allow
the removal of the current, what they call tombstone speaker boxes that are separate and
freestanding. But overall, these menu boards will permit the restaurant to comply with the national
franchise branding. So here we have the zoning plan, and you can see the placement of the new
menu boards. The dimensions and placement are co-compliant, and the proposed signs remain in
their current locations, but they're actually slightly smaller, roughly half the size of the
the existing signs at 21.5 square feet instead of the original 43.3 square feet.
And as mentioned, we met with the RCO. The letters were mailed out on September 3, 2021.
and the Taconi Civic Association. We met with them on the 21st of September, and they
support the application, indicating that, you know, the restaurant has been there since
the early 1970s. They've kept a clean property, and they do not oppose what we're seeking to
accomplish. So that summarizes my testimony on this application of appeal for variances
concerning the digital aspect of the signs, the animated sign illumination. I'm accompanied by
Mary Batchard from Bowler Engineering, as well as Eileen Seberger, who is a representative of
the applicant. So I'll ask you to promote Eileen so that she can be sworn in.
She's been allowed to speak.
Good afternoon.
Hi, Eileen.
Could you state your name and spell for the court reporter?
Eileen, E-I-L-E-E-N, Seberger, S-E-E, Berger, B-U-R-G-E-R.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Thank you.
Hi, Eileen. Did you hear the testimony that I provided to the board this afternoon?
Yes, Melanie.
And do you affirm that my presentation was accurate?
And do you adopt the testimony as your own?
i do great thank you we'd be happy to address any questions that the questions from the board
Great. Thank you. We'd be happy to address any questions that the...
we have no no okay um questions for anybody in the in the audience virtual audience
i see no hands mr chair planning commission hi mr chair this is members of the board this
is mason austin representing the planning commission the property is designated for
commercial and mixed use in the comprehensive plan, and the zoning was updated to match that
designation in 2017. While the McDonald's is a legal non-conforming use, having been permitted
and built prior to the zoning change, these electronic signs would constitute an expansion
of that use and would impair the intended transition of this corridor to a walkable
commercial corridor. Consequently, and given the lack of hardship, staff of the planning committee
recommends against the rent this various. MI 2021-003-533-6434 Tarsdale Avenue. I vote yes.
Carol Tenere, my vote is yes. Confessor Plaza, yes. James Snell, yes.
Thank you. Thank you. Can we take a five-minute break please?
oh we can take a chair break okay how about a five minute break okay thanks sounds good
yes yes okay good afternoon my name is carol tenary and i'm the vice chair of the zoning
board of adjustment i'll be participating in today's hearing along with our chairman
Bill Bergman. Bill, I forgot your name. Board Secretary, Confessor Plaza, and board members
Thomas, strike that, and board member James Snell. Our board administrator today is Tanya Sunkett,
and board attorney is Sharon Saleta. They are in attendance. For those of you who haven't yet
participated in one of our virtual hearings, I'll go through some of the basics of what you can
expect. First, we will be administering oaths to individual participants prior to their testimony.
Second, we'd like to advise everyone that this proceeding is being recorded and that by
participating, you acknowledge your agreement to be recorded. This is available to the public by
contacting Tanya Sunkit at tanya.sunkit at philadelphia.gov. Third, for anyone participating
by phone, if you wish to testify, you must raise your hand by hitting star nine, then star six to
unmute yourself. That's star nine and then star six to unmute yourself. To enter an appearance
statement, call 267-270-5548. The number again is 267-270-5548 and leave your email address
and address of the property at issue. Fourth, if you're an LLC, an LLP, or a religious organization,
you must be represented by an attorney. And finally, fifth, the question and answer box
is not for testimony. Any comments are to be directed to Ms. Tanya Sunkett.
Are there any requests for continuances? Because we, I don't think we have any
on the 330 so Mr. Chairman I'll turn that over to you okay hi I'm sorry to interrupt this is
Tanya Sunkett um yes so if I could ask if we can go out of order we do have a Spanish speaking
applicant here today oh god fucking damn it oh oh god who's that
wow and we have um i'm sorry me off um we have an interpreter if we could ask if the interpreter
um could handle the case for fifth street which is number number five it's number five okay we'll
there first okay thank you for sure mi 2021 002888 4337 north 5th street
um nuevo espranza housing economic development meeting was held 11 16 rco letter has not yet
been received okay so chair i do have the interpreter interpreter are you there
she has to unmute herself thank you yes the interpreter is present
could you hold one moment please um chair if we could swear in the interpreter and then i have
francisco who needs to be sworn in as well yeah okay so could for the interpreter could you state
So for the interpreter, could you state your name and spell it for the court reporter?
your name and spell it for the
Thank you.
My name is Ingrid Perez, and I'm an interpreter from Global, a Spanish interpreter.
And spell it Ingrid, spell Y.
Can you see a name?
It's Y-N-G-R-I-D.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I swear.
Okay, so the owner of the property now will have him and she'll interpret for me for him?
Could you have him state his name and we'll spell for the court reporter?
Señor, estamos en, por favor, diga su nombre para el record de la corte.
Francisco Eustate.
asked him
does he swear or affirm
to tell the truth
the whole truth
and nothing but the truth
¿Usted jura decir la verdad
y nada más que la verdad?
Yes, I do
I'm sorry
if I could interrupt
just a moment
and just ask
for the spelling
of his full name
Por favor
estamos interrumpiendo
¿Podría decir
el nombre completo
deletrear su nombre?
Francisco
Francisco, F-R-A-N-S, de casa, I-S de sapo, S de casa, y una O, Francisco.
Francisco is spelled as F as in Frank, R as in Rome, A as in Alpha, N as in Nancy, Z as in Charlie, I as in India, S as in Sam, C as in Charlie, O as in Oscar.
El apellido.
And my last name is spelling.
Una E, una U, una S, una T, una A, una T, y una E.
Last name is started.
E as an elephant, S as in Sam, T as in Thomas, E as an Alpha, T as in Thomas, E as an elephant.
Okay. Could you ask him to start presenting his case about where he is and what he wants to do?
Me podría empezar presentando el caso. ¿Qué es lo que usted desea que suceda? ¿Qué nosotros hagamos?
Sí, yo necesito el permiso porque estoy estableciendo una barbería en esa propiedad que compré y la cual la estoy dejando igual.
okay can we pause for an interpretation yes um yes um i would like to establish in there
the barbershop it was a property at the first time it was i'm i'm leaving the first floor
was a um a local area that i'm leaving it in the same state that i found it
so so carol uh vice chair to be sure could you ask a few questions through the interpreter
to see what he has and where we stand um do you know what i do have to ask the about the exhibit
packet right okay um to the interpreter and then you'll ask him has he has he emailed the exhibit
packet with proof of ownership, proof of tax compliance, a copy of the refusal or referral.