ZBA Hearing - September 22, 2021

square feet as our refusal noted we're proposing 498 square feet

i will show you the refusal

so that's what we're proposing

So the property location and configuration and the juice creates a sign that's hardship

here.

The building has four sides, as you can see, they all have and need signs for identification

and for traffic safety visibility along Aramingo Avenue, yet the code for ICMX is actually

limiting the provision maybe unintentionally and that the allowable is not based upon the width

of the lot lines here it's actually based upon the length of the building that's fronting that

street so you calculate this building area of three feet times this area and this part which

sorry this part here facing Ontario yeah we have signs on all four sides and we don't get credit

for the other four sides. So you take the calculation of two sides and we're trying to

spread it all over four sides. So not all four sides of the building are fronting on

the street, so the rear and the side here. So that's where we get a detriment here. So

this is a detached building having four sides, yet calculated areas based on the two sides.

Otherwise, if they were based on the four sides, we would be within the allowable sign

area. With that said, I'd like to ask Mr. Coven some questions.

John, are you here?

Can we have him raise his hand?

he can

he can now unmute and wait for the chair to swear him in okay thank you

good afternoon sir please spell your full name and i'll swear you in

good afternoon john kogan j-o-h-n-c-o-g-a-n where from to tell the truth the whole truth

nothing but the truth yes thank you mr patterson thank you hi john could you tell the board your

connection to the development? We are CVS Pharmacy's developer for Commonwealth of

Pennsylvania. Okay, and so you're involved in the construction of the building, correct,

and the installation of the signs? That's correct. Okay, and you've heard my presentation and

testimony. Would you agree that it's true and accurate and you would adopt it as your own?

Yes. And so the amount of signage, is that typical of what is proposed on CVS?

Yes, it is.

And is it fair to say that it's needed for branding and for traffic safety, especially along Ironman Go Avenue?

Yes.

Thank you.

And we met with the Port Richmond on Patrol and Civic, ProPAC, back on June 2nd, correct?

And here is our letter of unanimous support for the signs.

Pretty much the discussion, which is not in the letter, is because of the highly commercial nature of that.

um street right there that's all i have any questions from the board no mr chairman

anyone else would like to testify in this case please raise your hand

we have no hands at this time chair thank you planning commission

thank you chair chico ian hegarty with the philadelphia city planning commission members

of the board comprehensive plan recommends ca2 zoning for this uh entire block and the proposed

sign size would be conforming under the proposed zoning district so therefore the city planning

commission would recommend that the board grant the variance thank you mi 2021 that's zero zero

two one nine five three four oh one aramingo avenue parcel b as in boy my vote is yes

james snell my vote is yes thomas holloman my vote is yes thank you mr plaza had to step away

for a moment thank you number nine on our list mi 2021 that's 002024 4309 main street

mr bill o'brien is the attorney of record there is a letter of support from m as a michael n as

nancy c i suspect that's manny yonk uh but i'll wait to be uh that to verify that with our

mr o'brien gives his testimony mr o'brien has come back in as a pen list now chair

thank you mr o'brien please spell your full name and i'll swear you in william o'brien o-b-r-i-e-n

manny yonk law office 4322 main street philadelphia 19127 you swear a firm to tell the

truth the whole truth nothing but the truth i do thank you um i will ask the questions mr plaza

stepped away uh do you agree to waive and stipulate to the accuracy and have you have you

read and emailed an exhibit packet with required documents including proof of ownership proof of

tax compliance a copy of the refusal or referral and photographs and their plans of the property

five days in advance of this hearing? Yes, to each of the questions. And have you met with the RCA

and do you have a letter? Yes, we have. Thank you. You may proceed. May I share my screen?

please do. On the screen is the refusal. I represent Somo Maniunk, a full-service sit-down

restaurant which is seeking to expand from the initial location at 4311 Main Street to the

adjacent building at 4309 Main Street. The zoning district allows a restaurant use,

CMX 2.5. However, about 24 years ago, a zoning overlay was introduced and was continued in the

2012 version of the zoning code, requiring parking for the expansion of an existing restaurant.

So the sole refusal is the fact that the proposed expansion does not have eight spaces for the

additional 32 inside restaurant spaces.

The next page in the packet is the unanimous letter of support

from the Manioc Neighborhood Council.

Their letter indicates that there were 22 members who attended the meeting, and there is no opposition.

Their letter indicates that there were 22 members

who attended the meeting.

The next is an image of the restaurant.

You can see on the left is a four-story building.

On the right is a three-story building, and below them shared is Somo Maniok.

Again, it shares both buildings.

There is a three-foot wide breach in the party wall to accommodate the flow of traffic between the two buildings.

The next page is the seating plan, which shows the 32 seats, a 88 bathroom, and a rear exit.

We do have an agreement with the Maniunk Neighborhood Council, the Maniunk Development Corporation, and both owners and the operator.

It's a standard agreement used in Maniunk.

It includes a parking plan, which is on the screen now, which requires the operator to have certain rules with their employees in terms of where they can park and can't park, to advertise Main Street's parking facilities on its website and marketing materials, and also to purchase three monthly parking spaces in a nearby parking lot.

The party wall breach documents are shown on pages 7 through 11.

The streetery docks, there's both a streetery, a sidewalk cafe, and a rear streetery,

all of which have been approved by the historic commission in L&I, and there's a building permit.

those plans are pages 12 through 20. The zoning notice and the certificates of delivery are on

pages 21 to 32. The tax clearance, the certificate came up non-compliant. The owner of 4309, it's a

single purpose entity. It has no employees. I did attach a copy of the revenues printout showing that

the real estate taxes are paid in full. And then finally, pages 35 to 40 is the deed.

If I could introduce James Morrissey, who's the

managing member of SOMO Maniunk, would you please introduce yourself?

My name is James Michael Morrissey.

Would you spell your name?

j-a-m-e-s uh middle initial m for michael morrissey m-o-r-r-i-s-s-e-y

mr chairman uh can he be sworn in uh mr yes sir pardon me um would you please identify i'm sorry

you identified yourself do you swear for him to tell the truth the whole truth nothing but the

truth i do uh mr morrissey did you did you hear my uh testimony yes uh was it truthful and accurate

Yes.

And do you adopt it as your own?

I do.

Thank you.

Mr. Chairman, I have nothing further.

Thank you.

Any questions from the board?

No, Mr. Chairman.

Thank you.

Anyone else would like to testify in this case?

Please raise your hand.

I see no hands at this time, Chair.

Thank you.

MI 2021-002092.

4890 Summerdale Avenue.

Carrie Nays-Pausse is the attorney of record.

35th Ward Democratic Executive Committee

sent a letter of non-opposition.

Mr. Chairman, I think that's on a different file.

I'm sorry, say that again?

I think that was on a different application.

Chair, on this one, we have a letter of support

from many neighborhood associate neighborhood councils we just voted that one didn't we

we're at 4309 main street i believe chair well we haven't voted the case yet

i apologize i i got distracted i'm sorry mi 2021.002024 4309 i'm sorry i'm interrupting

you again but did we get planning commission on this phone i didn't hear you probably not

my pal my wife just asked me what i want for dinner and interrupted my train of thought

that's a true story i'm sorry um

i want to know if i want to eat dinner yes i want to eat dinner um planning commission

thank you chairman to chico i hope you put in a good request for dinner uh members of the board

a comprehensive plan recommends no change to the existing cmx 2.5 zoning this refusal is

This refusal is related to a minor expansion of an existing use, and the City Planning Commission would recommend that the Board grant the variance.

related to a minor expansion of an existing use in the city planning commission would

Thank you very much.

MI 2021-002024, 4309 Main Street, my vote is yes.

James Snell, my vote is yes.

Tom you're muted

Mr. Holloman

maybe somebody's asking him if he wants dinner

Mr. Holloman

there you go Tom

yes I did

vote uh thomas how thomas yeah thomas alvin my vote is yes thank you again i apologize everyone

uh number 10 on our list mi 2021 that's zero zero two zero nine two four eight nine zero

summerdale avenue carrie nays house is the attorney of record chair this is sharon since i did the

summaries, Ms. Paust has submitted revised plans, three pages. Three pages? Yes. Thank you. Again,

as I said earlier, the 34th Ward Democrat Executive Committee sent a letter of non-opposition.

Ms. Paust, just please spell your full name again for the record, and you've already been sworn in.

Great. Good afternoon. Carrie Nace Paust, attorney with the law firm of Fox Rothschild,

C-A-R-R-I-E-N-A-S-E-P-O-U-S-T. Address is 2700 Kelly Road, Suite 300, Orrington, PA, 18976.

Thank you. Do you agree to waive the reading and stipulate to its accuracy?

And have you emailed an exhibit packet with the required documents?

I have.

Including proof of ownership, proof of tax compliance, a copy of the refusal or referral,

and photos and or plans of the property

five days in advance of this hearing?

Yes, I have.

And also, have you met with the RCO

and do you have a letter?

Yes, we do.

Thank you.

Please proceed.

Great.

And you can see my screen?

Yes, we can.

Thank you.

You're welcome.

Good afternoon.

I'm here this afternoon

on behalf of the applicant,

which is Safe Store Somerdale LLC with regard to property located at 4890 Somerdale Avenue.

The applicant is under agreement of sale to purchase this property. I have included in our

packet a deed to the property as well as portions of the agreement of sale confirming my clients

standing to bring this application. Also included in my packet is the notice that we sent to the

RCO and the surrounding neighbors regarding the hearing this afternoon as well as the

CDR review process. Also included is the certificate of mailing.

We have also included copies of the zoning notice that was posted on the property.

Here in front of you is an aerial showing the location of the property. It's located

here along Somerdale Avenue. Along here is Roosevelt Boulevard. We have townhouses and then

the Home Depot to the rear of the property. This property is currently comprised of two parcels.

What you see on your screen here to the left are the two parcels. We have one thin parcel here that

that is approximately one acre.

This parcel here is 3.7 acres.

We did receive approval from the Planning Commission

to consolidate these two parcels

and resubdivide it to create two new boundaries

to make a more usable land area.

The front portion here is approximately 2.78 acres

and will remain as is

with the existing industrial building.

The property that's before you this afternoon

is the rear portion along here, which is approximately two acres.

Exhibit 11 is just simply correspondence from Planning Commission approving the subdivision.

Exhibit 12 shows photographs of the existing conditions. So here is Langdon Street,

which is a private street. Here is the entrance that will go into the project site. Here are the

Here are the townhomes that I had referenced. This gives you a better view of the property.

townhomes that I had referenced. This gives you a better view of the

Again, this will be the entrance going in. This will be the redevelopment for the self-storage

facility, and these are the townhomes. Just another couple pictures here showing the existing

conditions of the property. In front of you here is a copy of the zoning plan that was submitted

to lni as i indicated we have the front portion rear portion is being developed for a three-story

self-storage facility comprised of approximately 104 000 square feet we are proposing 23 parking

spaces along with five loading spaces the proposed project this type of use in this zoning district

would require 53 parking spaces which is excessive for this type of use we believe this type of use

given that it's low impact really needs much less than that and in fact we believe the 23

is more than sufficient however we did receive a refusal due to the number of parking spaces

here's a copy of the site plan just to give you a little bit better context of what's being