Do you swear for him to tell the whole truth and nothing but the truth?
Yes, I do.
And a representative of the LLC is also, he might only be on the phone, but I know he's available.
Could you ask some questions for him?
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or 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?
five days in advance of this hearing and have you met with the RCO and do you have a letter?
Yes. You may proceed. Thank you. Sure.
If I may share my screen. Yep. Sure.
Okay. Do you guys see my screen? Yes. Okay. Thank you.
So this, I think, is a fairly simple application. This property, 1438 McCain Street, has, my
understanding, has always been used as a single family home. The reason why we're here today is
that my client was doing renovation work. They purchased it. They were looking to fix it up and
resell it as they move through the process. Because it's zoned CMX2, the zoning code requires
commercial use on the first floor. Since the house has always been used for single-family home,
they wish to maintain that use. So the purpose we're here today is to establish the legal
non-conformity of the single-family home in what is a CMX2 district.
Okay, and this is a photo of the subject property. You could see it looks like a single-family
family home, there's no commercial use present. And the, okay, and then my client has also had
prepared these interior alteration plans. And these are what were submitted to L&I. As you can
see, you know, it's a single family home with bedrooms. With respect to the South Broad Street
neighborhood association uh we did meet with them uh via zoom they did belatedly issue uh this uh
letter which mr butanti did um copy the zoning board uh email address on the submission but i
do have the letter here if the board doesn't have it i can submit it again as you can see
uh there's a non-opposition vote so they're essentially in favor of the application
And if need be, I can have Muneer Bataway sworn in and he can, he's the LLC representative.
He can give you an overview of the property when it was purchased and then the renovation process.
Sure. Bring him on.
was there an individual sir uh well it should be meneer badaway or it might be monpier if not
if he's not on the zoom i think he if he had technical problems he might be on his phone
which is a 703-930 number
okay he's been about to speak
okay uh mounir are you can you hear me are you on i can i can hear you and i've been
following the the hearing so far okay well could could you state your name and spell it for the
court reporter? Yes, it is Mounir Badawi, M-O-U-N-I-R. Badawi is B-A-D-A-W-Y.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Okay, Mr. Badawi, were you present when I was discussing the application before the zoning
hearing board today yes and if i would ask you all the questions in which i provided responses
to the zoning board would you adopt the same as if you presented that testimony yourself
yes okay thank you and um you know to support what i've already said um i'd like you to
you know basically discuss the property and then also discuss the renovation process so
I have the photo on the screen share right now, and then when you're ready, I can go to the renovation plan.
Thank you.
So I cannot see anything, but I can talk about the project and about the building.
The building was purchased, I want to say, about seven, eight months ago.
and when it was purchased, it was represented to us that it was a residential
and it was, in fact, a residential building.
There is a kitchen.
there is a kitchen, a bathroom, and a living room on the main floor
with two bedrooms and a bathroom on the second floor
and a bedroom and a bathroom on the third floor.
And the work that is being done on the property
is purely renovation and remodeling.
Nothing is being added.
Nothing is being removed in terms of rooms.
but the appliances are being upgraded.
The bathrooms are being upgraded, retiled.
New sheetrock is being put in
and the place will be painted
and new flooring put in place.
That's basically the extent of the work being done
and the nature of the property
is remaining the same as it has been
for the last 20 years.
okay and mr batta we are there any renovations occurring to the outside of the property
the only thing that will occur to the outside of the property would be a power wash of the facade
okay so then uh right now on the screen i understand you know you can't see it but i
i have a picture of the the front of 1438 mccain that you know shows the posting notices and so
So just to the best of your information, knowledge, and belief, has this property ever been used for commercial use?
No, it has not been, and it was always, for 20-plus years at least, it was a residential.
Okay, and then the front facade that shows just the front door and, you know, a small window there, that's always been present on the first floor?
Yes, it has been.
Okay. And I do want to note for the board, I think I'm still within the 21 days for the posting, but the metadata on the photos I submitted shows a November 10th, 2021, 1019 a.m. date.
But I want to just note for the record that my client had emailed me these documents on November 9th around 6 o'clock.
So I think either way, we're still within the 21 days prior to the hearing.
I just wanted to note that I wasn't sure why there was a discrepancy in the metadata,
but I just, I didn't alter anything.
I just submitted to the board the information I have.
And with that, I have no further questions for Mr. Battaway.
Thank you.
Questions from the board?
No, Mr. Chairman.
Are there other people in the virtual audience who would want to make comments?
You know that's Mr. Chair. Planning Commission please. Hi Mr. Chair and members of the board
this is Mason Austin speaking for the Planning Commission. This property is designated for
commercial mixed use in the comprehensive plan and its zoning matches that designation. While
there's no clear hardship a commercial space would be out of character within this otherwise
consistently residential block of row houses it would not likely be successful consequently staff
of the planning commission have no objection to the granting of the requested variance
MI 2021-003536-1438 McCain Street I vote yes Carol Tennerin my vote is yes
Professor Plaza, yes
James Snell, my vote is yes
Thomas Holloman, my vote is yes
Thank you
Great, thank you, we appreciate it
Have a good day
MI 2021
003556
Frankford Avenue
Fishtown, Kensington, and Aries
business improvement letter of support no letter from the fishtown neighbors association council
is melanie lacy sir mr michael phillips at his hand race i promoted him to panama okay sure
good afternoon uh chairman bergman members of the board michael phillips
This is Claire Harrison, 1835 Market Street, Suite 1400, Philadelphia PA, 19103.
Carol, you want to ask some questions?
Wait a minute.
Yes, I do.
Let me read first.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Carol?
Do you agree to wave the reading of the refusal and stipulate to its accuracy?
And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCL, and do you have a letter?
Yes, to all those questions. And also, Fishtown Neighbors Association has sent a letter of support with provisos that will be in the exhibit packet that I'll share.
Yes to all those questions, and also Fishtown Neighbors Association.
Okay, great. You may proceed.
Thank you. I will share my screen.
All right. Can everyone see?
Yeah. All right. So again, I am here representing Van Leeuw in Philadelphia,
Frankfurt Ave, LLC. I'm seeking a special exception approval for an ice cream shop at 1601
Frankfurt Ave, which is right in the Frankfurt Ave commercial corridor. We received a referral
due to the use as a takeout restaurant, which requires special exception approval in the CMX2
zoning district. Also, we are in the North Delaware overlay, and so we would also need
special exception approval for that. I do want to just note that while the application was for
a takeout restaurant, we're kind of on the cusp of a takeout restaurant versus a prepared food
shop the distinction is whether or not we have four or more or more than three seats right now
we're proposing two which qualifies us as a takeout restaurant however if we added two more seats we
would be classified as prepared food shop so for that reason I will be asking for a proviso
requesting either prepared food shop or takeout restaurant however I'll go into the plans and
And also note, Fishtown Neighbor Association is requesting a proviso limiting the use to an ice cream shop.
Here is a letter of support from Fishtown Neighbor Association.
You'll note their provisos requesting limitation to an ice cream shop.
Again, while I personally might not think that that is the greatest idea on behalf of my client, that is an ice cream shop.
No objection to limiting it to that use because that's what my client does.
We have also no objection to limiting the hours to 11 p.m. on Sunday through Thursday and midnight
on Friday and Saturday. With respect to the final proviso, I don't believe that's something
within the purview of the zoning board, but we have agreed to apply for a sidewalk cafe license
to permit bench seating. We also have a letter of support from Fishtown Kensington
Area Business Improvement District, who I think adamantly supported this project.
So I'll just briefly walk you through the plans and tell you a little bit of background
about Van Leeuwen.
Van Leeuwen was based out of New York.
They started out of a food truck in 2008 and have now expanded to a little over two dozen
ice cream shops across the nation, predominantly with 17 in New York. This would be their second
location in Philadelphia. They have one at 13th and Chestnut that has had great success so far.
They are also very committed to working with the community and becoming
just another destination on Frankfurt Ave. They will be engaging in a lot of community outreach
and have some Philadelphia-specific plans.
When they opened their 13th and Chestnut location, for example,
they partnered with Federal Donuts and introduced a special ice cream flavor
that I believe was strawberry lavender donut ice cream.
So this is the existing location right now,
but it is under a building permit that it will demolish it,
and there will be two tenant spaces. The tenant space is where my, that will be located is where
my cursor is right now. It's on the corner of Frankfurt and Oxford. See a little better here
and zoned CMX2. It's just a little bit of background about the company. Again, starting
it out with a food truck. They'll both have ice cream that you can order for takeout, but they'll
also have a refrigerator with pints that can be purchased on the go. I'll take you just through
some of the floor plans. So here is the basic floor plan. Walk in, there will be a trash container
here, two stool seats along the window, counter to order, ice cream will all be right lined up for
uh you know lined up for you to look at public restroom and then this is a you know backup staff
you to look at, public restroom, and
with uh backup house um there will be additional trash uh cans back there um we're proposing trash
collection uh it'll be six times a week there's a dumpster that is located behind a fence um two
doors up at 1605 frankfort avenue um so there'll be commercial trash collection there six uh six
times a week. We also have submitted a litter cleanup plan that I will show briefly. This is
just some exterior renderings of the building. This is what it's proposed to look like for the
facade. Here is our trash plan that notes that we will be monitoring and regularly
maintaining the premises, cleaning out of any trash, and also that will apply to the exterior
within this area that's been delineated in yellow.
So we've agreed to go a little bit beyond the property lines
and just monitor every couple of hours the outside,
make sure that there's no trash being disposed of.
And then just here's our posting and our mailing.
I have Corey Siegel, who is the Chief Operating Officer of Van Leeuwen,
who is on the line and able to answer any questions
that the board may have and to adopt my testimony.
Please state your name and spell for the court reporter, please.
Please raise your virtual hand so you may be sworn in.
you're allowed to speak hi can you hear me now yes okay please state your name and spell for
the court reporter sure cory siegel c-o-r-e-y and s-e-g-a-l do you swear for him to tell the
truth the whole truth and nothing but the truth yes good afternoon cory uh you heard my testimony
a moment ago yep and would you agree that everything i stated is true and accurate
yes and you agreed to dot my testimony as if it were your own yes nothing further
questions from the board no no
anyone in the virtual audience would like to make a comment
Do you know who hands at this time, sir?