Carl Tenere, my vote is no. Thomas Holloman, my vote is no. James Snell, my vote is no.
Ishmael Shaheed, my vote is no.
Thank you.
Thank you.
Let's see here.
14 is continued.
All right.
Number 15, MI 2021, 4656 Worth Street, Leo Movahill.
No RCO letter at this point.
He's coming back in as a panelist.
there we go people already been sworn just state your name and then the vice chair has a few
questions certainly leo mulvihill m-u-l-v as in victor i h-i-l-l
hi lego do you agree to avoid the reading of the refusal and stipulate to its accuracy
I do. Have you emailed the exhibits consisting of proof of ownership, tax compliance, refusal or referral photos and plans five days in advance of this hearing? And have you met with the RCO and do you have a letter?
Yes, but we don't have an RCO letter yet, even though I believe that we were ultimately found in support of a community meeting.
Okay, you may proceed. Thank you.
Good morning, members of the board. This is again, Leo Mulvihill on behalf of Carlisa Smith for Tiny Town Academy. What I'm showing now on the screen is my zoning presentation packet for the property at 4656 Worth Street, refusal appeal and project information form at 1, area zoning maps at 7, deed at 9, commercial activity license at 15, tax clearance at 16, or zoning letter at 17.
i'm sorry i'm sorry leo this is tanya are you aware we're not seeing it
no i'm not let me see if i can thank you leo excellent thanks tanya i appreciate that
let's see what we got here it looks like zoom's causing some problems for me right now i'm gonna
duck out and then try to duck back in all right my apologies all right it's okay
Thank you.
all right members of the board i have returned let me see if i can get my screen to actually
share this time all right man yep yep i'm not going to repeat myself so i just have i think
i'll pick up where i left off photos of the property at 20 revised our zoning plans at 36
So members of the board, this is the existing house on the corner of Worth and Margaret. It's right down the street from Globe Dye Works. I was here the other day for another project there. And I know this board here's many projects at Globe Dye Works because it's a diverse multi-use structure.
So we're in the middle of essentially a residential neighborhood with a lot of business around, and my client simply wishes to open up a daycare in the property. She has a long-time history of child development experience, and this is really ultimately something that will benefit the neighborhood because it'll give the people at Globe or people in the neighborhood the ability to have someone take care of their kids while they need to go to work or anything along those lines.
Our single refusal was because we're not allowed to have a daycare in a residential district.
Looking to the zoning map at page 7, we're right here in the corner property, again, at Worth Street and Margaret.
Here's an overhead view of the property itself with the streets and satellite images all included.
Again, down here to the left, this is the Globe-Dioworks building just to orient everybody.
and you can see there's a number of other businesses in the area of a largely residential
character it's my client's deed page nine my client's commercial activity license at 15.
proof of tax payment through 22 page 16 page 17 is my letters through the community page 19 is
the proof of mailing showing we sent 122 pieces of mail and these are the photographs of the property
itself. So it's a two-story building that's stuccoed to the front yard and the side yard.
This is looking across the street at the corner of Margaret.
This is looking down the block towards road divers.
This is looking down the block towards Globe Diaries. Here are some interior photos of the
Here are some interior photos of the property.
problem.
It does need some renovation, which my client is going to do once we have the necessary permits in place for the daycare use.
What I have here, members of the board, are the plans that we have for the interior of the property.
The daycare itself is proposed to extend across both floors.
So we have daycare area one on the ground floor. This will be for younger infants and whatnot.
Daycare area two to the rear, food partition and bathroom, and food prep to the back of the property.
Going up the stairs, then we have other daycare areas. Oh, pardon me.
We have other areas for kids here in the front.
And then we have an additional bathroom in the back. And that's essentially it. That's all we seek to do.
Ultimately, feedback at our community group was positive.
I guess we just don't have our letter of support sent in from the community group for this project.
Carlisa, if you're on the line, if you wouldn't mind raising your hand so you can become promoted to a panelist and answer a couple questions for us.
there are no hands raised at this time
okay well i guess ms ms method unfortunately wasn't able to make it on or had to hop off
but in any case i can uh state with that's right you're fine as an officer of the court
thank you and leo this is a corner property yes somebody on
okay questions from the board
no mr chairman no mr chairman
questions from the virtual audience chair we have slung folks okay
good morning chairman bergman uh members of the zba board my name is sloan folks s-l-o-a-n-e
f-s in fire o-l-k-s representing the office of councilwoman maria quinones sanchez
7th district room 508 city hall uh do you swear for him to tell the truth the whole truth nothing
but the truth yes sir i do thank you uh the applicant having met with coordinating rco
and receiving a letter of non-opposition,
which I just have a copy of.
I forwarded to RCOZBA, Tanya Sunkett, and Sharon,
as well as you, Leo, about 30 seconds ago.
Thank you.
The councilman's office has no opposition
to this various request.
Thank you.
Thank you.
Thank you very much.
Anybody else in the virtual audience?
I see no hands, Chair.
Planning Commission?
Thank you, Chair Bergman.
Ian Hegarty for the Philadelphia City Planning Commission. Conference and plan recommends no
change to the existing single-family residential zoning at this location. The proposed use is
consistent with documented previous uses granted by the zoning board in 2017. City Planning Commission
recommends that the board grant the variance with the condition that the maximum number of
children to be served be limited to 24, consistent with the previously approved zoning permit.
counsel is that an enforceable proviso
I'm here I'm here um what is generally enforceable is a proviso consistent with the fire code
limit um and I think 24 if that is the case then that would number would be
would be acceptable we can certainly review that and I can advise the board
um afterwards all right okay mi 2021 001684 4656 worst street i vote yes with proviso relative to
numbers of uh children harold tenary my vote is yes proviso thomas hallowen my vote is yes
with proviso james snell yes with proviso ishmael shaheed yes with proviso
thank you thank you members of the board have a good day mi 2021 001224 708 samson street
no rco letter at this point revised proviso plans ron patterson kathleen muldoon
I see no hands at this time, Chair.
Are there any attorneys available to represent this case?
Are there any attorneys available to represent this case?
Please raise your hand if so.
There appears to be no attorneys for this case, Chair.
Continued must be tried.
I believe that's the end of our list.
Is there anybody in the audience on the line that still has a case pending?
No hands, Chair.
Continue to two o'clock.
Thank you.
Thank you.
Thank you all.
Thank you.
Thank you.
you can start when you like chair okay good good afternoon my name is bill bergman i will
be chairing this afternoon's eba hearings with me is carol tenere our vice chair
I see her. I see her. Present. Thank you. Ismael Shahid, our board secretary.
Here. Thomas Holliman, our board member. Present, Mr. Chairman. And James Snell,
our board member. Present, Mr. Chairman. Our board administrator, Tanya Sunkit,
and also our attorney, Sherman Toppin. Before we begin, here's our virtual format. One,
be advised these proceedings are being recorded. By participating, you acknowledge your agreement
to be recorded. The video will be available by contacting our board administrator
at tanyasunkett at phila.gov. For the benefit of our court sonographer,
we ask attorneys and witnesses to identify themselves before testifying.
Three, if you are participating by phone and if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email and your address to the property in question.
And lastly, please note the question and answer box is not intended for comments.
Should you have any comments, please contact Tanya Sunkett, our board administrator.
So I want to go over continuances that we have for this afternoon's meeting.
Number one, MI 2021-004361-101 Bethlehem, Pike.
2. MI 2021-004362-105 Bethlehem Pike
7. MI 2021-004356-18 Hilltop Road
Number 11, MI 2021-004044-6701-41 Callahill Street.
Number 13, MI 2021-004363-7928 Germantown Avenue.
number 14 MI 2021 004360 8137 Germantown Avenue and number 16 MI 2021 004359 8532 Germantown
Avenue. Does anyone in the audience have any comments about any of those continuances?
I see no handshare. Are there any other continuances?
I see no handshare. I also have two withdrawals. MI 2021 004
045 1419 West Erie Avenue. MI 2021 004058 1412 to 22 Lehigh Avenue. Both are withdrawals. Any
questions or any on the withdrawals? I see no hands, Chair. Thank you very much.
Thank you very much.
So we'll go to our first case.
so we'll go to our first
MI 2021-004-328-113 East Derod Avenue.
Melanie Lacey is the attorney.
We have letter support from Fishtown Neighbors with a proviso that we do not believe is enforceable.
And we have a RCO Fishtown Kenting area business improvement letter of support.
Ms. Lacey.
Hi, can you hear me?
Yes, I can.
Could you state your name and spell for the court reporter?
Good afternoon, Mr. Chairman and members of the board.
Melanie Lacey, M-E-L-A-N-I-E, last name L-A-C-E-Y, and I'm with Claire Harrison Harvey in Bransburg.
Our office is located at 1835 Market Street, Suite 1400, Philadelphia.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth.
Our vice chair has a few questions.
Carol, unmute.
Carol, unmute.
Carol, unmute.
you're unmuted i'm unmuted melanie can you hear me i can but it looks like my screen is frozen
yeah your screen is you're moving now melanie i can see you moving around okay
do you agree to wave the reading of the refusal and stipulate to its accuracy
i do based on the notes we have it appears that you've submitted all the necessary documents
is that correct that's correct okay you may proceed okay can you see my um exhibit package
starting to start it says it started we started to share your screen so
i did see it now it's gone okay um let me stop and restart it if you don't mind sure that's fine
okay you know what mr chairman she may have to go out and come i thought that's what she was
doing melanie you're gonna have to go out and come back on
okay um it's completely frozen melanie could you turn it turn it off and come back in uh yes i'll
try to do that okay here we go excuse me this is pauline from it if it's giving you problems you
can also turn off your video and then just share your screen okay let me try it one more time and
um if that's necessary then i'll do so okay it appears to be working is that we're good
Okay, wonderful. I apologize for the technical difficulties. It seems to be perpetually the case.
So proceeding with the case, I represent Kismet Bagels in this application for special exception
to open a takeout restaurant located at 113 East Girard Avenue. And I'm accompanied by Jacob and
Alex Cohen, who are the co-owners of Kismet Bagels. So just to give you a brief background
before I go into the application. This is a rapidly growing company that came into existence
in April of 2020 with the initial motivation of raising money for frontline workers. And due to
the immense popularity of their bagels, their informal home operations transitioned to a
wholesale bakery facility that produces goods that are carried in 50 stores around the city.
So now with this application, they're excited to venture into direct business with patrons
by way of this bagel shop. So Kismet Bagels received an amended referral letter on November
10th of 2021 due to the fact that all eating and drinking establishments in this area require
ZBA approval. So the original proposed use was a prepared food shop, but due to the size of the
unit, which is only 525 square feet, they saw it fit to avoid the seating requirement and a takeout
restaurant made more sense. So we received leave to amend the application on November 3rd, 2021,
and we made presentations for the takeout restaurant before the coordinating RCO, which
was Fishtown Neighbors Association on November 9th, and before the Fishtown Kensington Area
Business Improvement District. I might have scrolled past. Wait a second. Am I?
showing the right now no here we go sorry about that okay so yeah leave to amend
Okay, so leave to amend on the 3rd of November as stated. RCO letters here
and here. Okay, continuing. So the property is zoned CMX 2.5
and there are two overlay districts and
it falls squarely within essentially the business corridor. So they entered their
lease back in August and as stated they hope to open doors this spring. It actually was
previously approved as a prepared as a sandwich shop as you can see by this old permit.
So here are some photos of the site. Here is an aerial and here I've identified the specific unit.
You can see that it used to be
Core Studio and it's between a pizzeria as well as another restaurant.
Here are some images of Girard, the same side of the block or the opposite side
and additional photos, as well as the intersection of Shack or Maxon.