civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

application and we would ask you to enter a proviso today that specifies that the use

Similar wording

enter a proviso today that specifies that the use pertains only to space B or suite B.

Similar wording

We did ask L&I to put that on the referral. They did not. But I think that kind of proviso would

Similar wording

just reduce confusion going forward. And this shows the location of the suite in the context

Similar wording

of the whole shopping center. That's the photo you've already seen of the storefront. Here's

Similar wording

what it looks like on the inside. So actually, I'll skip to the next one. This is the customer

Similar wording

ordering area. Nice big space, lots of natural light, no seating. So you basically place your

Similar wording

order. It's mostly soft pretzels with a couple other items like pretzel dogs and pretzel pizza.

Similar wording

And no customers are allowed beyond the counter. So this is a working kitchen. They actually bake

Similar wording

a lot of their pretzels here each day starting bright and early in the morning. So pretty simple

Similar wording

layout uh here are some photos showing our notice posters so we put one set in the window

Similar wording

which is shown here and then to make sure that we comply with the code which requires that these

Similar wording

signs be visible from the street we put a second set on a post in these hedges right on the city

Similar wording

have sidewalk um just want to address really quickly the fact that um as the chairman mentioned

Similar wording

we obtained a when i say we i should be clear um joe purchased this business from a prior tenant so

Similar wording

the we who obtained that special exception in 2019 was a different person with a different lawyer um

Similar wording

but same exact business it was a philly pretzel factory then as it still is

Similar wording

um and you can see here according to this file page on li.phila.gov

Similar wording

a uh it again says variance it should be special exception but a five-year temporary was granted

Similar wording

in 2019 to expire june 1st 2024 um and this um is a copy of um joe's uh food prep and serving

Similar wording

license. So when people that own, say, apartment buildings come before the board, if there's

Similar wording

already tenants in the building, they're supposed to have a rental license, as you know. So sort of

Similar wording

the equivalent of that, sort of, for this kind of food business is a food prep license. That's

Similar wording

the type of business license that L&I requires a business to have. And Joe has that license.

Similar wording

He got it right after purchasing the business. So you'll see his name there, Joseph Mater. And

Similar wording

there's a business name, Tear Enterprises, and here's where it says it's active. So just to say

Similar wording

from a business licensing standpoint and from a land use permitting standpoint, we have all of

Similar wording

our I's dotted and T's crossed, and we are here basically just to continue that forward since

Similar wording

one of these items happens to expire in June. I will quickly show this map that I made. I hope you

Similar wording

agree with me that I'm quite the artist. So the code actually requires a special exception

Similar wording

applicant for a takeout restaurant used to include this in their exhibits. It shows a couple things.

Similar wording

One is the blue box, again, is Joe's Space. That's the Philly Pretzel Factory and its kitchen.

Similar wording

This blue box highlights the parking area that's part of our property. So we are sort of committing

Similar wording

on this map as the code requires to keep both of those areas clean, basically our indoors and our

Similar wording

outdoors. The red dot indicates where the trash cans are that service this shopping center. They

Similar wording

line up in an alley between the two buildings, but they're not like dumpsters. I believe they're

Similar wording

plastic trash cans. And the one that's sort of the front most can is easily available to customers

Similar wording

to sort of walk by and throw something into.

Similar wording

So just to say that we have opportunities

Similar wording

for people to throw away little papers

Similar wording

or take out containers to assure you

Similar wording

that we're not sort of generating litter

Similar wording

for the neighborhood.

Similar wording

And we're also committing here on this map

Similar wording

to monitor even the rest of the shopping center

Similar wording

and the sidewalk,

Similar wording

which are not technically a part of our property.

Similar wording

Some of it's owned by the city,

Similar wording

some of it's owned by our landlords separately,

Similar wording

But the point is, we're calling that our off-premises cleanup area.

Similar wording

So we're assuring that we're going to participate in this entire little strip mall being kept clean.

Similar wording

I will not walk through it, but in the back pages of our application for our special exception,

Similar wording

by which we reserved this hearing, that's where I answered sort of all of the code questions

Similar wording

all of the code questions about, do we deserve a special exception under the law?

Similar wording

about do we deserve

Similar wording

And I'll just summarize by saying the gist of those questions is that one must prove that you

Similar wording

will not harm the public in a manner that goes beyond what would be expected from a takeout

Similar wording

restaurant. And that map is sort of one piece of illustration. We feel confidently that we will

Similar wording

cause no such harms. And that's more fully explained in our application. The last thing

Similar wording

I'll highlight is that I've included in our packet the lease from the landlord to the original tenant

Similar wording

and then Joe's business's formal assumption of that lease, which the landlord consented to.

Similar wording

If I scroll down, here's Joe's signature. Here is the original tenant's signature. Here's the

Similar wording

landlord's signature. This lease gives Joe with extension rights that are guaranteed the ability

Similar wording

to have a business here until 2037. So while we appreciate the RCO's concerns and had nothing but

Similar wording

sort of a friendly dialogue with them, you know, I would note that this is already the second time

Similar wording

this business has been through this process. It's very time consuming and expensive for a small

Similar wording

business operator. And we would certainly welcome the opportunity for this time, the special

Similar wording

exception to be permanent or at least longer than five years, given that this business under this

Similar wording

lease will be there longer than that, most likely. And it's Joe's intention to be the one operating

Similar wording

it himself. So why don't you bring your client on and go after your test? Okay. Joseph Mater or

Similar wording

Joe Mater should be in the audience. And please raise your hand, Joe. They've been about to speak.

Similar wording

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

Similar wording

Joseph Mater, J-O-S-E-P-H-M-A-T-T-A-I-R. Do you swear or affirm to tell the truth,

Similar wording

the whole truth, nothing but the truth? I do. Please proceed, counsel. Thank you, Mr. Chairman.

Similar wording

Hey, Joe. So firstly, are you authorized to speak on behalf of Terra Enterprises, LLC?

Similar wording

I am. And that's your business, correct? It is. And that business operates the Philly

Similar wording

Pretzel Factory in Suite B of this property? It does. Okay. Did you hear the full extent of

Similar wording

my testimony in your zoning case this afternoon? I did. Was it true and accurate to the best of

Similar wording

your knowledge, information, and belief? It was. And would you therefore adopt it as if it had

Similar wording

been your own testimony? I would. Okay, thank you. Questions from the board? No, Mr. Chairman.

Similar wording

Questions or comments from our attorney? No, Mr. Chair. Questions or comments from the virtual

Similar wording

audience i don't see any further hands mr chair sure planning commission

Similar wording

good afternoon chair peter bernard for the planning commission

Similar wording

the comprehensive plan recommends no change to the existing cmx 2.5 commercial mixed use

Similar wording

at this location we feel the proposed will have no more impact than what can reasonably be expected

Similar wording

accordingly the planning commission recommends the board grant the special exemption

Similar wording

thank you MI 2024 000 261 50 22 to 24 city avenue I vote yes proviso use limited to space b

Similar wording

Thomas Holloman my vote is yes with proviso

Similar wording

James Snell, my vote is yes, with proviso.

Similar wording

Ishmael Shahid, my vote is yes, with proviso.

Similar wording

Thank you. Thank you, counsel.

Similar wording

Thank you very much.

Similar wording

All right. So, number 12, MI 2024, 000373, 1949 West Norris Street. Henry Clinton is the attorney.

Similar wording

um there was we do not an r file yet have an rco letter there was a meeting held on the 28th of

Similar wording

february mr clinton you've already been sworn just for the record could you state your name

Similar wording

sure henry clinton h-a-n-r-y clinton c-l-i-n-t-o-n and could you identify your client

Similar wording

and their relationship to this property?

Similar wording

Sure. My client is Curtis Coates, C-U-R-T-I-S, Coates, C-O-A-T-E-S.

Similar wording

He is the owner of the property, and he is on the call.

Similar wording

Our vice chair has just a few questions.

Similar wording

Good afternoon, Counselor.

Similar wording

Good afternoon, Counselor. Do you agree to waive the reading of the refusal or stipulate to attack for sir?

Similar wording

Do you agree to waive the reading of the refusal or stipulate to attack for sir?

Similar wording

I do.

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibit that is needed to proceed with this case?

Similar wording

Except we got two letters of support, one earlier today and one a couple hours ago, which I've now put inside my booklet.

Similar wording

Okay, please send them over to our counsel as well.

Similar wording

Please proceed.

Similar wording

Mr. Clinton, do we have a tax compliance?

Similar wording

Yeah, we have proof that the real estate taxes are paid.

Similar wording

Okay. Thank you.

Similar wording

Hi. Good afternoon, Mr. Chairman, members of the board.

Similar wording

I'm here concerning 1949 West Nara Street.

Similar wording

My client, Curtis Coates, is the owner of the property, and he is on the call.

Similar wording

The table of contents contains Exhibits A1 through A10, as well as some past zoning records indicating prior use as a candy store in two-family, ice cream store in two-family, and a food establishment.

Similar wording

Refusal.

Similar wording

The request is for a takeout restaurant in this CMX1 zoning district, so it's a use refusal.

Similar wording

And I'll show you that the past history has been a store restaurant with two apartments above.

Similar wording

So we have two letters of support.

Similar wording

One is from St. Elizabeth's Registered Community Organization, basically six to zero in support of the project.

Similar wording

And this letter from Heritage Community Development Corporation, which we just received, like I said, a couple hours ago, indicating that they certainly support Curtis for his diligent work.

Similar wording

And this location actually was abandoned for many years.

Similar wording

But prior, like in the 70s and 80s, it was used by Curtis's grandfather as a corner store where sandwiches and candy were sold.

Similar wording

So Curtis is going to duplicate this.

Similar wording

He's going to have basically a sandwich store selling cheesesteaks, hoagies, french fries, and drinks on a takeout basis.

Similar wording

Photographs of the corner property right here, 1949 West Norris Street.

Similar wording

It's almost 100% lot coverage.

Similar wording

It is 100% lot coverage.

Similar wording

This is what the building looks like now after Curtis renovated the exterior of the property.

Similar wording

We were before the board several years ago to get approval for this property as a vacant commercial on the first floor with two apartments above.

Similar wording

So Curtis moved forward and renovated the second and third floor and then hoping to get a variance for the first floor.

Similar wording

This is what it used to look like, obviously in very, very great disrepair.

Similar wording

Curtis, using a lot of his own sweat equity, fixed it up and this is what it looks like today.

Similar wording

view of the back, stucco in the rear, front entrance, side entrance, proof of zoning notices.

Similar wording

Here's the plans. So this is the front of the building, and I'll try to blow that up a little

Similar wording

bit. This is the front of the building that you would enter here, counter areas here. Everything

Similar wording

Everything is going to be brand new from ground up.

Similar wording

It's going to have air intake ductwork here going outside.

Similar wording

He has his wash areas, sink areas.

Similar wording

In the rear of the property, handicapped bath.

Similar wording

Also, here's the entrance to the apartments on the second and third floor.

Similar wording

There really will be no seating or minimal seating.

Similar wording

It's really a takeout area where you can come in, get your sandwich, and take it home, take it outside.

Similar wording

The rest of the plans are the kitchen hood detail.

Similar wording

I don't think the board is interested in that, but this is all required for Curtis to move forward with his dream of basically recreating a sandwich shop that his grandfather had there many moons ago.

Similar wording

This is our application for appeal.

Similar wording

the rest of the documents are the pro forma documents you would see in a presentation

Similar wording

like this here's the tax information indicating that zero real estate taxes are due again they're

Similar wording

not due until march 31st but we thought in the interest of uh being ahead of it we would pay

Similar wording

the taxes in advance and prove that to the board here's a receipt indicating that they were paid

Similar wording

on march 21st uh two thousand dollars and change

Similar wording

zoney map indicating a cmx1 you can see it's a rather large lot again i said it was almost 100

Similar wording

lot coverage this is the deed to the property and what's interesting you can see that since 1976

Similar wording

this property has been in the coats family uh so again it fell into disrepair

Similar wording

This property has been in the Coates family.

Similar wording

So again, it fell into disrepair.

Similar wording

And that's why the neighbors were pretty energetic about Curtis taking over.

Similar wording

They knew his grandparents.

Similar wording

They knew his parents.

Similar wording

And to come back to your neighborhood and recreate what was there many moons ago is a real feather in, I believe, Curtis's hat.

Similar wording

Certification of mailing, all the notices that went out to the neighbors.

Similar wording

And then I just want to go briefly over the zoning records from the past. This is a zoning record from 1967, indicating this is a two-family retail candy store zoning permit for food establishment, which has since gone inactive, obviously, because the building is vacant.

Similar wording

but that was in play in 1996. And as I said, in several years ago, in 2017, Curtis and I appeared

Similar wording

before the same board, and we asked for approval for a vacant commercial on the first floor

Similar wording

with the two family dwelling, one on the second and one on the third. And fortunately, that was

Similar wording

granted then. So in summary, we're asking to basically rekindle a use of a property

Similar wording

that was in Curtis's family since 1976.

Similar wording

He's going to have a sandwich shop here,

Similar wording

have about four or five employees.

Similar wording

His hours of operation on the weeknights

Similar wording

will be about 10 to 10.

Similar wording

On the weekends, a little bit later,

Similar wording

10 to beyond midnight.

Similar wording

And just hoping to recreate

Similar wording

what was there at one point.

Similar wording

He's in harmony with the prior uses.

Similar wording

The uses in harmony

Similar wording

with what went on there in the past.

Similar wording

The neighborhood is really excited about it.

Similar wording

He actually had a tour conducted for people in the neighborhood to come by, go through the property, and get a glimpse of it.

Similar wording

So with that, Mr. Coates, can you raise your hand and unmute yourself?

Similar wording

They have been out to speak.

Similar wording

Hi, Mr. Coates, could you state your name and spell for the court sonographer?

Similar wording

yes my name is curtis coates c-u-r-t-i-s c-o-a-t-e-s right do you swear or affirm to tell

Similar wording

the truth the whole truth and nothing but the truth yes sir please proceed counsel uh mr coach

Similar wording

you were on the call this zoom call when i presented your project yes sir and i know this

Similar wording

project is a labor of love for you and if you had the opportunity to testify would you adopt

Similar wording

my testimony as your own and as true and correct yes sir thank you mr coach appreciate it

Similar wording

questions from the board no mr chairman no chair no chair questions or comments from our attorney

Similar wording

ryan mcsherry no mr chair questions or comments from the virtual audience

Similar wording

chair i have a hand raised by a ruth birchard i have allowed them to speak at this time

Similar wording

could you please state your name and spell for the court stenographer

Similar wording

yes my name is ruth i burchett b-i-r-c-h-e-t-t right do you swear or affirm to tell the truth

Similar wording

the whole truth and nothing but the truth i do i we've we've your letter has been read to us

Similar wording

Ms. Burchette. Thank you. I'm very excited about this. And on behalf of our neighbors who

Similar wording

aren't in the virtual sphere, I really wanted to come on personally and just say

Similar wording

how very thrilled we are about this project and the diligence of this young man.

Similar wording

And being from a family that's been on that block for 73 years, who knew not only his grandfather, but also his mother, his uncles, his great grandfather as well.

Similar wording

We've known them to be just an upstanding, one of the best families in our community.

Similar wording