And in replacing it, we will be replacing it in the same size and location.
The owner purchased the property back in March of 2019 and is proposing to use the property as a restaurant.
We submitted a zoning permit application for the renovations to the existing building.
We did receive the zoning permit as well as the building permit.
In front of you here is just a copy of the zoning plan that was submitted and approved.
So this photograph shows the existing facade, or what was previously the existing facade,
and right here is the existing sign that was used for the Academy of Social Dance.
When we started doing the renovations of the property, we always intended that this existing sign would remain intact as is, and we would simply reface the sign.
However, as part of the renovations of this building, it was determined that certain areas of the front facade needed to be repaired and replaced.
In order to do that, we needed to take the sign down.
When we took the sign down, it became evident that the framework of the sign was actually rusted and in bad condition, and so it was the applicant's decision to move forward and replace the entire sign structure.
But again, the intent in moving forward was always that we would keep this sign as is.
When we went in to get the zoning permit for the sign, L&I flagged it as not being compliant with the zoning code.
In fact, they issued a refusal indicating that the projected sign is prohibited, that it was not permitted to extend over the public right-of-way.
The allowable area was four feet. We're at six feet.
maximum sign area allowable with 66.66 square feet we're proposing 151
and signs are not permitted to project above a second floor window
what we're proposing is actually to replace the existing sign
with the exact same dimensions so it'll be the exact same height exact same width
and the exact same thickness as you will call it.
And again, simply just replacing the sign panel,
as you will, to reference the name
of the proposed restaurant.
Just scrolling down here.
These are the, again, just dimensions
of the proposed sign.
The sign will be illuminated.
Let me see if I can rotate this for you.
It will have neon lighting in the sign that was previously there from the prior user, even before the Academy of Social Dance.
Because we are replacing the sign in kind in terms of size and location, we believe that it was permitted to remain as an existing nonconformity.
We believe the prior sign was legally permitted in accordance with a zoning permit that was issued back in 1982.
However, Ellen and I did not agree with our interpretation that this was an existing non-conforming sign,
and in fact determined that we would need to get the variances that we're here for today.
We did review, here's just again a comparison.
This is the existing sign, this is the proposed sign.
you'll see they're the same in terms of size we did uh review the proposed sign with the uh both
the historic commission as well as the art commission um you'll see here is a letter that
we received from the um sorry this is the approval from the historic commission
the, sorry, this is the approval from the Historic Commission that we received back in January
of 2021. And then we also did receive approval from the Historic Commission as well.
Do want to point out that it was indicated in the approval from the Art Commission that they
stated that the signed committee was extremely supportive of this proposal and was also approved
by Philadelphia Historic Commission.
Ms. Nasehouse, I think you could summarize what would be helpful.
Wendy, we got a good picture of what you're looking to do here.
So we did meet with the RCO, which is the Center City Residents Association, twice over the summer.
We met with them.
We were able to address their concerns.
They did issue the letter of non-opposition dated July 28th, which was also submitted to you.
It was subject to a few conditions.
You'll see here, one is that the sign must retain all the dimensions and shape of the sign it's replacing,
that it may be illuminated within certain levels that we discussed at that meeting,
and that it would only be lit between dusk and 10 p.m.
My client did agree to those conditions and is willing to comply with those.
So we are, again, here this afternoon requesting relief for the variances.
We believe that there is hardship here just due to the condition of the property and replacing the existing condition of the existing sign.
So if I may just quickly call Eric Rothwarf on the line to accept the testimony.
Sure. And, sir, when you get on, please spell your full name and I'll swear you in.
Mr. Rothworth, can you please raise your hand?
Mr. Rothworth, you can unmute yourself and wait for the chair.
Hello.
Hi, good afternoon sir. Please spell your full name and I'll swear you in.
Eric, E-R-I-C, Rothworth, R-O-T-H-W-A-R-F.
Do you swear if I'm going to tell the truth, the whole truth, nothing but the truth?
Thank you, Ms. Powell.
Thank you.
Mr. Rothworth, were you here this afternoon during the presentation I had just given?
And do you believe that the statements that I had made are true and correct?
and would you agree to accept the statements I made as your own testimony had you testified
yourself? Yes. I have no further questions at this time. Thank you. Any questions from the board?
No, Mr. Chairman. No. Anyone else would like to testify in this case? If so, please raise your
hand. Chair, we have a Wade Albert. Mr. Albert, you can unmute yourself and wait for the chair.
Thank you. Mr. Albert, please spell your full name, and I'll swear you in.
A-L-B-E-R-T.
First name?
First name is Wade, W-A-D-E.
Thank you. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?
Thank you, sir. Please proceed.
Thank you. My name is Wade Albert. I am counsel with law firm Stevens & Lee, and I represent the coordinating RCO, the Center City Residents Association.
So I just wanted to point out, I know that the applicant stated that the applicant came to CCRA, and we reached an agreement, non-opposition with some provisos, and just wanted to put into the record that CCRA generally just favors projecting signs that project to the public right of way.
um and if the applicant had sought to erect a similar sign under the current zoning code um
notwithstanding any pre-existing sign we likely would have um objected to it um but because it
is a replacement of of a of an existing sign uh we non-oppose with with certain provisos that have
already been read into the record and which are contained in our letter so i therefore would
respectfully request that the uh that the zba uh if you vote to grant the variance uh include the
provisos in the license thank you thank you thank you anyone else to testify in this case
there are no hands at this time chair planning commission
thank you chairman duchico ian hegarty for the philadelphia city planning commission
members of the board the proposed sign as you've seen is a reconstruction of a previously approved
members of the board the proposed sign as you've seen is a reconstruction of a previously approved
sign the design has been approved by historical commission and the art commission so the city
planning commission recommends that the board grant the variance thank you before we vote on it
sharon um as it relates to those provisos yes chair i have them in front of me the first
other than okay you finish yeah i'm sorry um as far as the dimensions and shape not be being
changed that's already a given because they would have to take any change back to lni
for the illumination levels i don't know enough about the technology to say what level could be
added as a proviso the final proviso can be added but it'd only be lit from dusk until um 9 p.m i'm
sorry 10 p.m 10 p.m okay yeah i thought so i just wanted to check with you all right thank you um
MI 2021-002183-2009-11 Sanson Street.
My vote is yes with the proviso.
Signed to be lit between dusk and 10 p.m.
Professor Plaza, yes with proviso.
James Snell, yes with proviso.
Thomas Holloman, yes with proviso.
Thank you.
So I'm at number five on our list, MI 2021-002-089-2128 North Darien Street.
Mr. DeMarco, I believe, is the attorney of record.
Mr. DeMarco is coming back in as a panelist now, Chair.
Thank you.
Mr. Chairman, can you hear me?
Yes, we can. Please identify yourself, and I'll swear you in.
Richard DeMarco, attorney for applicant, 2005 Market Street, 16th floor, Philadelphia PA, 19103.
And his name is spelled D-E, uppercase M as a Michael, A-R-C-O.
Do you swear or affirm to tell the truth? The whole truth, nothing but the truth.
Mr. Plaza has some questions for you.
Good afternoon, Mr. DeMarco.
Will you agree to waive the reading of its refusal and stipulate to its accuracy?
Yes, I can.
And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral folders and plans five days prior to this hearing?
Yes, I did.
And have you met with the RCO and have a letter?
Yes, we have a letter of non-opposition from APN.
Thank you.
So I'll share my screen.
I'll go through the exhibits.
Mr. DeMarco, if I can interrupt for one minute.
Chair, there's a note in the summaries that I was unable to open the attachment.
Mr. DeMarco has since sent them as a PDF attachment.
You were just going to ask that.
Thank you.
Yeah, sorry about the snafu with that.
I did send it via email.
I'm not sure what happened.
I resend it.
Sorry about that.
Mr. Chairman, the refusal, this is a RM1 property.
This is a rehab of an existing duplex dwelling.
As you can see from the refusal in front of the living room.
There is a dimensional issue with regard to the second unit.
It is an RM1 property.
This entire area is RM1.
So we're just a little bit off on the lot size for the second unit.
um and then i'll show you the floor plan
we have trash storage in the rear yard for both units i'm going to show you a photo in a month
in a moment the property is unusually small which is why we need the um dimensional variance for
the second unit it's a very small street although it is zoned rm1 therefore we should be permitted
to operate a multifamily dwelling with a small dimension variance.
Show you the photo so you can see this is an unusual property.
And all of the properties are similar, by the way.
And I do want to point out to the board, this board granted a variance very similar to this one a few doors away.
These lots are unusually small and consistent throughout the block.
this is the interesting rotate so you can see this it is a easement
i'm sorry um this is my picking up yeah am i picking up background i thought it was mr
demarco but it sounds like there's my excuse me for interrupting you tanya
sounds like there's some chatter we're picking up in the background is that what you want to say
sounds like there's some chatter we're picking up in the background is that what you want to say
no it's actually mr demarco is fading in and out okay yeah i don't know i'm sorry i don't know why
that happens um i'm alone in my office there's no one talking it's just i guess i'll move a little
bit closer to my mic as close as you can to the mic and just try to keep your voice at the same
angle so it doesn't fade back and forth i see okay thanks mr demarco yes sorry thank you tanya
Thank you. All right. Thanks for pointing that out, Mr. Chairman. You can see here there's a there's an unusual easement that runs to the rear.
So that provides both tenants trash storage access. You can see it again right here.
And there's multiple vacant lots on this block, Mr. Chairman. I'll have my client speak in a moment.
but clearly the investment would need to be made for multifamily. As you can see,
there's new construction, which is also multifamily in my exhibit packet, is evidence of this board's
prior variances and the predominance of the multifamily on this block. The client,
you see from these photos, the property is in poor condition. The client needs the two units
to justify the investment.
We did meet with APMRCO.
Sorry, I'm fading away again.
We met with APMRCO.
One person attended, no opposition,
and the councilman's office agreed not to take a position.
I'd like Raj Soen to be granted panelist status
so he can adopt my testimony.
And then that will be it.
This is the RCO notice.
Raj Soin should be on the call
Mr. Soin can you please raise your hand
Mr. Soin you can unmute yourself and wait for the chair
Thank you
Sir please spell your first and last name and I'll swear you in
Yes it's Raj R-A-J
last name Soin, S-O-I-N. Do you swear for him to tell the truth, the whole truth,
nothing but the truth? I do. Thank you. Mr. DeMarco?
Raj, Soin, did you hear my testimony and factual statements before the zoning board today?
Yes, I did. You adopt them as your own testimony and as true and accurate?
I do. And you were granted the same variance for another property on the block by this zoning
board, correct? That's right, correct. And you would be unable to develop a single-family home
at this location under circumstances with all the vacancies and a difficulty in that area, correct?
Need the two units in order to justify your investment in this property, correct?
Yes. The property was in extremely poor condition. You already have some
significant money into this property in order to bring it up to speed, is that correct?