to the basement that would include you know probably uh like one of those ramps so that
they can bring food and stuff in from that side entrance so they don't have to come through the
restaurant with it and also then to remove trash from that area um and then further back is the
staircase that accesses the residential units on the upper floors it's not a super big building
did you speak to the trash room yet and where it's accessible from and who uses it um yeah so
there's actually a trash room the on the far lower right hand corner of each floor on the first floor
there you can see it um there's a uh the staircase for the upper floor units with a trash room tucked
underneath of them um it should be big enough for four to six you know standard size trash cans for
the residential area and then for the commercial area there'd be room for three or four trash cans
um i believe when we were with meeting with the neighbors uh we said there we would probably have
trash pickup twice a week um and then um you know see how it goes regarding if it needs to be more
frequently or less frequently to uh you know keep from too many trash trucks on the street but then
also to not have stuff pile up on the property uh that's right thank you okay do you want to
bring your client on to the doctor i got them a text i didn't get a reply can we see is there
anybody named Nestor or Edison in the audience? I'd like to bring them in.
Well, you're an officer of the court. We have you. You've got me.
Well, and we have the architect, right? That's right.
So questions from the board? Yes. So it looks like there's currently a bill code door
on the street and that the new proposed handicap ramp is going to eliminate that.
what will be the access to the basement that's right uh michelle do you want to speak to this
yeah i was going to say if you can show back the the floor plan if you can zoom in on the first
floor okay uh shoot what is it there you go i'm in up a little bit so um you can see the trash room
in the trash area and commercial area there um the third door from the right there's actually
a old window or door opening in that wall that would then provide access to the basement so the
idea would be to come into that door and then have like one of those roller caster things so they can
load boxes into the basement and then you'd only be bringing it up you know a little bit at a time
to use it in the kitchen so carrying it back up wouldn't be difficult like the old uh like
the old pulley pulley elevators well no not not necessarily like a dumb waiter um
like the old roller skates yeah the old yeah yeah
like the old roller skates. Yeah, the old roller. Yeah, yeah. And like you see a lot of people with the Bilco doors that they put those in there too, so they can just set the box down and slide it into the basement. So it'd be the same idea. It would just be inside.
Okay. Yes. And where the trash room is being stored is where is that rear fire escape? That is the current garage.
That's right.
Right. Okay.
The garage will disappear.
It'll disappear.
And again, the owners are restaurateurs.
collaboration with the architect for this scheme so they understand the logistics of moving the
food in and i mean they do this every day and they're comfortable with the logistics of and
that they'd be able to handle it all right okay other questions are you assuming the deliveries
for the bar are going to be off of the door that's right at the back bar is that what's going to
happen bar deliveries are that's just the escape route for the bartender when something happens
i think it would probably just depend on like yeah how big of a delivery it is if it's something
that could go immediately to the bar then yeah it would come in that way if not it would go
in the same way as everything else and then redistribute from the staircases and this is
all eight and this is all eight and no take out yes
It is definitely an Eden restaurant. I, I thought every place probably was Eden and take out, but it's certainly an Eden restaurant.
What are we doing about venting?
Michelle.
so um i think the vent is going to come up in the back corner where that yard is and it would go all
the way up the back in our yard area and then turn back over the roof so that it was you know
well be up with you know proper distances beyond the property line in the back and and we did
discuss this with the community uh if we toggle back to the current street view there was that
there was an exhaust from this was a restaurant 20 or 30 years ago there's an exhaust at the main
level just shooting right out of the wall and the community wanted that to disappear and we agreed
so we're running it all the way up so that it doesn't bother the community and it's not an
eyesore okay thank you questions from our attorney um so we have a when i was looking through this
last night a little bit of an issue with the refusal um because the refusal just talks about
the restaurant it doesn't mention any residential uses and i went and looked at what was filed with
lni to see if it was something that was just missed by lni and the plans that lni has show
what the description that was given to lni was a restaurant on the first and second floor
with residential above what was in the plans today showed restaurant on the first floor
with residential on the second and third floor so i just wanted clarification on what's happening
and we're going to have to get a new refusal before we vote on this because the refusal
does not reflect what's being requested i think that there was a process uh a back and forth with
the community that yielded the change where we wanted to shrink the restaurant and have more
residential so that as part of this process of working with the community that's kind of where
we landed so we um will certainly get you the yes so so what you need to do so then so because
there is a change in the number of dwelling units um and the way this property is zoned you have to
a certain amount of lot area per dwelling unit so l and i have to look at that and determine
if that can occur by right or if that needs a variance as well so we will need you to submit
a letter requesting to amend the refusal to reflect that and have l and i review the the
new proposal so and then once we receive that we can vote on it we don't need to have a resumption
hearings we presented every everything's been presented today but we will need an amended
refusal um otherwise your client will not if this is a um if you're if this is granted your client
will not get what they're asking for based on the current we don't anticipate a problem for the
you what for square footage but uh i understand that but yeah ellen i'll have to review that yeah
questions from the virtual audience chair we have a hand up from bob everett he's being promoted to
panelists i'm mr everett yeah i'm here i knew you are you always there could you please state your
name and spell for the stenographer sure first name robert last name everett e-v-e-r-e-t-t
do you swear or affirm to tell the truth the whole truth nothing but the truth
i do please proceed obviously our letter we were in support of this project yep and if i recall
the original refusal only mentioned the rear yard and the maximum area and we noticed since it was
And we noticed since it was in the overlay, Elvin and I, as they seem to be doing in this area a lot, didn't include the special exception for eat-in dining.
in the overlay elvin i as they seem to be doing
So they had to go back and get it updated.
And that's what we're looking at now.
All right.
And you're totally in favor.
We appreciate you staying on the phone and getting on the line.
Thank you, sir.
Can I just add that Ms. Emerson or someone mentioned about takeout.
it's the same refusal as the eat and dining but on other refusals or referrals we've gotten they've
listed them both back to back online that if they're going to be looking and updating they
might want to add that in if it's if it's primarily sit down with like accessory takeout essentially
it doesn't need to have that on there but if the use if it really has two distinct uses then l and
i will sometimes put both sit down and take out on the refusal um but if this has if this has a
bunch of seating in it which i believe it from what i recall looking at this last night there's
a bunch of seating then the l and i probably would classify it as a sit down restaurant and there can
be accessory takeout it's not a problem all right thanks that helps you some other pieces planning
commission michael gall with the philadelphia city planning commission the comprehensive plan
recommends no change to the existing CMX2 commercial mixed-use zoning at this location.
The proposed use of this property as a sit-down restaurant is consistent with adjacent uses on
the same block face and would cause no undue detriment beyond what might otherwise be expected.
However, there is no unique circumstance or physical condition of the property that would
prevent it from being used in compliance with the zoning code's dimensional standards.
The proposal here would leave no rear yard space and would cover nearly the entire lot.
Therefore, the City Planning Commission recommends the board grant the special exception for sit-down
restaurant use in the nca overlay but recommends that the board deny the requested dimensional
variances for maximum occupied lot area and minimum rear yard depth go ahead chair if i may
we're not changing the footprint the the the lot coverage and the distance from the rear lot line
is the same today tomorrow 20 years ago we're simply adding an addition above the party exists
okay so we're going to hold the vote on this and hillary we're not going to set a date we'll wait
do we hear is that correct as soon as we get the amended refusal then we can vote we'll get a hold
of you and we'll vote on that okay um thank you very much for you put a lot long time in here
today we appreciate it um is there anyone in the audience whose case has not been called
no hands at this time chair and and i want to thank the staff for staying late we don't usually
stay this late but i didn't have the heart to tell you we're going to schedule you to 2 o'clock
I appreciate it.
Thanks.
Thank you.
good afternoon everyone my name is bill bergman and i will be chairing today's meeting of the
philadelphia zoning board of adjustment with me is our vice chair tenetta graham present mr
chairman our secretary shellel gaston president mr chairman board member michael johns president
mr chairman board member taiwan president mr chairman also here is our attorney hillary emerson
our zb zba director in haggerty and our board administrator lakeisha dandy this hearing has
been recorded and will be posted on the zba website by participating you agree to be recorded
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the main exit is through the doors at the rear the nearest stairwell is to the left
if we evacuate go to love park across art street please remain here so that we can
count forever so let's look at our schedule for this afternoon
number one mi 2025 006 261 1135 to 43 south broad street that case has been withdrawn
number three
MI-2025-007-792-6048 Baltimore Avenue.
That case is being continued until 7-29-26 at 2 p.m.
number seven
mi2026 0001986 242 2401 north dover street that case has continued until 7 29 26 at 2 p.m
And number eight, MI 2026-000200-2416 North Dover Street.
That case is continued until 7-29-26 at 2 p.m.
Are there any other requests for continuances?
we're going to go to our add-on list
oh thank you mi 2025 006 848 226 35 north 24 street
i vote yes with proviso maximum two dwelling units no household living in the basement
interior trash storage michael johns my vote is yes with proviso
cheryl gaston my vote is yes with provisos tenetta graham my vote is yes with provisos
thia winn my vote is yes we provide
we're going to go to our list here
number two mi 2025 006 372 434 dickison street isaac slepner is the attorney
good afternoon mr chairman take a seat thank you could you please state your name and spell for
the stenographer yes my name is isaac i is in india s is in sam double a is in alpha c is in
charlie my last name is slepner s is in sam l is in larry e is in elvis p is in peter n is in norman
e is in elvis r is in robert you swear or affirm to tell the truth the whole truth and nothing but
the truth yes i do could you identify your client a relationship to the property my clients are
joshua and emily punnings they are the property owners i am counsel of the property owners and
they are here to adopt my testimony eventually. Dickinson Square, RCO 10-8 in opposition,
and Councilman Squilla has written a letter of opposition. Vice Chair has a few questions for
you. Sure. Good afternoon. Have you submitted your documents and exhibits five days in advance of
this hearing? I have, other than a few that were just provided to me yesterday, but largely yes.
Largely, yes.
Okay. Thank you. And do you waive the reading of the refusal and stipulate to its accuracy?
Thank you.
And do you waive the read another refusal and stipulate to us accuracy?
Yes, I do.
Thank you.
You can share your screen and proceed with your case.
All right.
Here we go.
So, I'm going to share my screen.
Am I a panelist yet?
I think that's the first part.
Oh, there it is.
Thanks for your patience.
okay um thank you chair members of the board uh right now i'm presenting the table of contents of
um our exhibit and witness list uh that had been sent to the board prior to today um just kind of
underscoring that there's a bit more to this than would immediately meet the eye yeah we have all
your paperwork everything okay um exhibit two is our notice of refusal which we just stipulated
to exhibit three is the application of appeal that was prepared and filed by my client's original
counsel who is not me uh this actually is part of the hardship that they face in um leading up to
getting this uh zoning variance their initial counsel however did um very astutely point out
that the hardship at the property, they are seeking to a variance for a parking space at
the front of their property. They live at 434 Dickinson Street, which is a mid-block row.
And in RSA 5, parking is only allowed where it's accessed by a side or rear drive.
They purchased the house. The house does not have access from the side or rear. The very design of
the house is the hardship. However, when they purchased the house, they also purchased it
under assurance from a realtor that this would be a simple process. And in fact, you'll see in
my materials, there's a history of cars parking there prior to my clients. My clients do not park