He takes care. He would take care of any trash himself.
He would use some type of a national company to make sure that the people that come are properly vetted.
And you can't get a lot of people in this property because that's typically what I hear in the neighborhood, in the various neighborhoods, especially Grace Ferry, where my office is located, is that people will just hoard people into a home.
And then you have parking issues and you have noise and you have other things going on.
It's almost a physical impossibility to do it in this home because it's so small.
And again, I'll just show you that aerial photograph.
So that's really the presentation. I understand that the councilman has issued his letter, which typically would support the community group.
But I'm just hopeful that there are people on the call and had they today on this meeting and had they been at the community meeting, the vote would have been the other way around.
So with that, I just like to conclude that this use is not going to adversely impact any of the surrounding neighbors.
It's a very small property, two bedrooms.
It's not impacting anyone's light or air.
We're not altering the essential character of the neighborhood.
It's an RM1 zoning district.
Frankly, if it was a little bit deeper, he could put a duplex in here.
But that's not the route he's going.
He'd like to keep it small and tight.
And it's basically in harmony with the code.
It's residential, and it's in harmony with the rest of the block in the sense that they're all residential.
So with that, I'd ask my client to adopt my testimony, Mr. Chairman, if we want to go that route.
Sure. Why don't we do that?
Mr. Tim?
Do you want to swear?
Yes. Sir, could you state your name and spell it for the stenographer?
Yeah, my name is Harold Tim.
Just do the way I can.
It will be a property and legal need for the city.
It would be a property and legal need for the city.
Okay. It's spelled...
It's spelled H-O-N-G-T-H-I-E-M.
Do you swear to tell the truth, the whole truth, and nothing but the truth?
Do you swear to tell the truth, the whole truth, and nothing but the truth?
I would tell the truth.
I would tell the truth.
Mr. Todd, you were here when I just presented your project, correct?
And if you had the opportunity to talk to the board, would you say the same things I did?
And do you adopt what I said as your own and as true and correct?
Response was yes if you didn't hear it.
I heard it.
Questions from the board?
No, Chair.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
There are no hands, Chair.
Is there anybody?
Planning Commissioner?
Sorry, Ron Bednar, City Planning. The property is indicated for residential use on the City Plan or adopted district plan recommends no changes in zoning at this location. There's no unique physical circumstances or condition of the property being used in conforming with the zoning code.
City Planning Commission recommends the Board deny proposed use variance for visitor accommodations.
Thank you. I'll go back to the audience one more time, Henry, to make sure there's nobody there.
Yeah, my client indicates that there are several people who are texting him saying they can hear, but they can't get on.
Questions or comments from the virtual audience?
There are no hands up.
They have to raise their hands.
No, your friends.
There's one.
Daily Hugh will be allowed to speak.
Hi, could you state your name, please, and spell for the stenographer?
could you state your name and spell for the stenographer
person with the first name daily can you please unmute yourself
they're muted okay is there any other hands up no that was the only hand and mr chairman one
other thing at the very beginning of the uh the hearing the the 330 hearing there was a gentleman
from 20 i i heard that yeah 38 south 28th street he was supposed to be on this call okay thank you
so be it okay um so planning has taken their position henry i'm gonna i'm gonna take this
back to next wednesday at 2 p.m we'll vote then i just want to sit and talk to the other board
members about, you know, because this, you know, we have a lot of people asking for this type of
thing. And I just want to make sure we're all on the same page. Okay. I understand. I really
appreciate that consideration, Mr. Chairman. Thank you. Thank you. Okay. And by the way,
the case is closed. Other than that, everything's done and we'll just vote. Okay. Thank you. All
SMI 2023-007-188, 17 West Gerrard Avenue.
Sean Ward is the attorney.
Letter of support from Fishtown Neighbors
and a letter of support from Fishtown
Kensington Area Business Association.
Sean Ward is rejoining as a panelist.
I got back quick that time.
I did.
Mr. Ward, we've already sworn you in just for the record.
State your name.
Yeah, my name is Sean, S-H-A-W-N, Ward, W-A-R-D, Esquire,
counsel for the property owner,
as well as the proposed tenant applicant at 17 West Girard Avenue.
Could you identify those clients, please?
Let me pull my exhibit packet up.
Yeah, I represent KMSP LLC, which is the property owner for purposes of this hearing.
And I represent Insomnia Cookies Company, which is the tenant and applicant in this application.
Thank you. Our vice chair has a few questions.
Good afternoon, counsel. Do you agree to either read another refusal or stipulate to its accuracy?
both have you emailed in all the required documents and exhibits that is needed to
proceed with this case five days in advance of this hearing yes i have all exhibits have been
submitted and accepted by board council thank you council please proceed and you've already
shared your screen thank you very much uh mr chairman again i've submitted my typical exhibit
Thank you very much. Mr. Chairman, again, I've submitted my typical exhibit packet. A1 is the notice of refusal. I mean, a referral. I'm sorry, it's not a refusal, it's a referral. It's a permit for a takeout restaurant.
Insomnia Cookies is a chain that has multiple locations in Philadelphia and the surrounding counties, as well as other states.
The referral requires a special exception approval by the board.
Accordingly, we seek that here today.
A2 is the application of appeal.
A3, the project information form.
A4 is proof of ownership.
A5 is proof of tax clearance.
A6 are the zoning site and floor plans.
A7 are photographs of the posting, subject property, street views, aerial view.
A8 is the RCO meeting notices.
A9 is the letter of support from Fishtown Neighbors Association.
A10 is the letter of support from the participating RCO, the Fishtown Bid District.
A-11, I was informed by Sloan folks that a letter would be coming from the council person's office in support of the application.
With regard to the relevant zoning history at A-12, in February of 22, a zoning permit was issued for the complete demolition of an existing structure.
July of 2022, a zoning permit for the erection of a new structure consisting of four dwelling units and a vacant commercial space.
um ironically at december of 23 permits were granted for the signs for the accessory uh
accessory to the takeout restaurant however at that point in time we didn't have uh approval
for the takeout restaurant but in any in any shape uh way or form we're uh we're now trying
to get the horse back in front of the cart and uh that's why we're here today so a13 is the zoning
map. A14 is the aerial photograph. Very quickly, again, we have the notice of referral. Proposed
takeout restaurant requires a special exception in CMX 2.5. We have the petition of appeal
project information form, my transmittal letter, copy of the deed, proof of tax clearance for the
property. These are the plans. Let me get right to the, we'll use this one. As you can see, the
property is, it's the first floor of the structure. Patrons would be relegated pretty much to the
very front of the store where you would have a display case, ordering area, cashier's booth.
The back of the space would be used for the ovens, walk-in freezers. There is a unisex
accessible bathroom for the employees. There is a spiral stair to a second or a mezzanine level,
which would be used solely by the tenant for office space and there is a rear yard area which
could be used for the storage of trash uh there would be no patron service in the rear it's it's
fully enclosed and therefore would not be amenable to such a service or access okay
um here is an aerial photograph this is on gerrard avenue right near the bend
between Frankfort Avenue and Leopard Street.
The red dot indicates the subject location.
This is the new structure that was erected on site.
A modern-looking classic there.
A copy of the zoning notice in the front window at the door,
in front of the subject.
We have street views up and down Girard Avenue.
Diagonally across the street into McDonald's.
You've got Sherwin-Williams Paint, Wells Fargo Bank, et cetera.
And then the garage, that is a bar restaurant located at the opposing corner.
This is the rendering of the interior of the first floor, absent the fit-out by the tenant, which has not occurred yet.
Copy of the meeting notice to the neighbors from the Fishtown District.
That meeting was held first.
back in January of this year.
This is the meeting notice for First Town Neighbors.
That meeting was held May 7th via Zoom.
These are the addresses that both notices went out to.
these are the addresses that both notices went out to here is the zoning notification map
Here is the zoning.
a copy of fishtown neighbor's letter of support the vote was
41 41 to 1 with two abstentions
fishtown bid submitted a very nice letter indicating how the proposed use would fit
nicely in with the you know the the area we have copies of all the permits for the demolition
the erection of the new structure these are the signed plans you'll see there is a a blade sign
coming off the front of the building right there there is a a window sign on the right and
And here's the rendering of the blade sign.
There would be a open sign hanging in the window.
And that is basically the sum and subject of the application.
Given the fact that we have near unanimous support from everybody, we would ask that the board grant the subject relief for the special exception.
uh i believe i have one member from uh insomnia cookies in the audience if she could raise her
i think it's nicole if she could raise her virtual hand she can verify it adopt otherwise as an
officer of the court i would make that representation do we see your hand yes
nicole tana will be allowed to speak hi could you please state your name and spell for the
stenographer? Sure. Nicole, Tana, N-I-C-O-L-E, T as in Tom, A as in Alpha, N-A. Right. Do you
swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do. Please proceed,
counsel. Thank you. Nicole, you've heard my representations to the board today? Correct.
Are they true and correct, to the best of your knowledge, information, and belief?
they are and would you adopt them as your own testimony i would thank you um questions from the
board no questions or comments from our attorney hillary emerson um just uh just to clarify um
mr ward so this is going in the the proposed use is for the first floor and basement with the
existing um for apartments above to remain is that correct that is correct okay thank you you're
welcome wasn't wasn't an office too am i wrong i thought we had an office on the mezzanine or
something there's a yeah a small office space that would be used by the tenant on the mezzanine
it's it's it's not it's not open to the public it's just office space for the operation of the
the cookie shop okay all right good i believe there when i looked at the plans there were
two mezzanines there was like a small commercial mezzanine and then there's a mezzanine in the
residential area as well no i thought there was a mezzanine above the second floor
above the second floor no there i mean there's a roof deck roof deck for the uh residential uses
but that that's you know not part of this application this is just for the first floor
right right no i just that's why i didn't reference the met the mezzanine in in regards
to the commercial space yeah uh look i mean if you want me to reshare the pictures i can show
you the picture of the mezzanine we're fine we're fine questions or comments with virtual audience
yes chair robert everett will be allowed to speak i could you please state your name and
spell it for the court stenographer. Yes, good afternoon, everybody. Long day. First name is
Robert. Last name is Everett, E-V-E-R-E-T-T. Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth? Yes, I do. And the fact of the matter,
it's not a long day. We're going to get done a little bit earlier today.
please proceed first time all week uh yeah i just want to support uh mr warden insomnia cookies as
you could see from the community vote it's rare that the community is so well overwhelmingly in
support of a new business coming in thank you thank you very much mr ebert for taking the time
to close we appreciate it is there anyone else in the virtual audience is there anyone else in the
virtual audience? No, no more hands, Chair. Planning Commission. So, Ron Bednar, city planning
properties indicated for commercial mixed use on a city plan, given the physical circumstances of
Physical circumstances of the area, documented use, we recommend that the requested variance be granted.
the area, documented use.
Thank you.
MI 2023-007-188-17 West Gerrard Avenue, I vote yes with proviso.