ZBA Hearing - August 13, 2025

do you think it's more than 15 minutes it's not more than five not probably more than i have i

have one question for mr kelly uh just in terms of the photoshop please proceed okay

okay um mr kelly are you still with us yes he's here uh mr kelly uh did you have you been present

for uh miss mullering and miss mrs o'donner's uh renderings that they put up on the screen

showing what they believe to be the view of the pergola i did uh do you believe that those

renderings were accurate no i think they're exaggerated the height of it is exaggerated

they look like it's at um the pre-cut um post height which was at 10 feet okay thank you

is that it just real quickly for mrs katz

did you receive any support from any neighbors on delancey street i did and what address uh it's the

address between it's 110 112 which is the one between the two red dots that's

all may I just comment on that sure that new that neighbor has not lived there

since 2016 and that cop that property is under contract for sale to someone else

okay well okay questions from the board

questions or comments from our attorney not at this time mr chair questions or comments

from the audience here is there anyone who has any comments questions or comments

questions or comments from the virtual audience yes i raised my hand david wolfson hi could you

please spell your name for the stenographer. You bet. David Wolfson, D-A-V-I-D, W-O-L,

F as in Frank, S as in Sam, O-H-N as in Nancy. You swear or affirm to tell the truth,

the whole truth, nothing but the truth? I do. Are you a neighbor? Yes. Thank you,

Mr. Chairman. I'm a neighbor. I'm on Pine Street across the street

from the Katz's at 110, directly across the street. I've seen the plans. I've toured the

property. I've seen the posts. I've seen the work that has been done so far. It's beautiful.

It's carefully thought out, and it overall improves the look of the neighborhood.

I think it is unfortunate that this seems to have devolved into a kind of a personal issue rather than an issue of common sense and even an issue of aesthetics.

If you look at the pictures, looking out the windows from the property of the Protestant who testified and her neighbor, they look out on a flat roof with a skylight that is not, I don't think Ben Franklin had them in his time.

There's nothing particularly aesthetic about that view.

I also noticed that there's a shed in the back, which is a structure, which I don't think is permitted under the code.

I think there's a fundamental problem with the code, which Counselor Ms. Katz alluded to, which is that it lumps together as structures something like a pergola.

I don't think there'll be any significant difference or any real difference at all in terms of aesthetics in viewing the pergola that set back the existing code number of feet versus what has been proposed.

So the pergola allows in light.

It allows them to put plants and vines on it.

it will be a beautiful thing. And I wholeheartedly endorse their proposal and hope that the board

will overturn the decision of the committee. Thank you. Thank you. Anyone else in a virtual

audience? How do I do it? Yes. Can I join that way?

Um, how do I do it? Yes. Can, can I, can I join that way?

I don't know. Darn it. Now I'm out because it was, sorry.

Uh, yes. Uh, Alexandra Janou, my wife would like to speak.

Alexandra, could you please state your name and spell it for the stenographer?

Yes. Alexandra Janou, Alexandra, A-L-E-X-A-N-D-R-A, Janou, G-I-G-N-O-U-X.

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

I do. You've heard a lot of what your husband said. Please, if there's anything else you can

offer, but could you please tell us whether you're in favor of this project or against the project?

I'm very in favor, and I really respect the way they kept the trees, which I think is the most

important thing for this neighborhood. Thank you very much. Anyone else in the virtual audience?

No, Chair.

hands planning commission good afternoon chair michael gall with the philly zilfee city planning

commission the comprehensive plan recommends no change to the residential single family attached

zoning at this location the appellant has demonstrated that the proposal is unlikely to

cause impacts to the immediate neighborhood beyond what other might be otherwise expected therefore

the city planning commission recommends the board grant the requested variances for accessories

restructure rear setback and maximum area thank you um we've heard a lot of testimony today i

want to have an executive session with the board to see where we stand with this and we're going

to vote on this next wednesday at 2 p.m understood thank you thank you for your patience here take

this let me get my computer

number five mi 2025 001 890 15 to 21 south 11 street rachel pritzker is the attorney

there's unanimous non-opposition from washington square west civic

and a letter of non-opposition from council member squill

good afternoon

My counsel, could you please state your name and a spell for the stenographer?

Yep. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Yes.

Could you identify your client in a relationship to this property?

Yes. My client is Josh Rosenblum, who is the owner of JWN3 LLC, who owns the property.

Our board member, Tynetta Graham, has a few questions for you.

Sure.

Good afternoon. Have you submitted your documents five days in advance of this hearing?

Yes.

And do you waive the reading of the refusal and stipulate to its accuracy?

Yes.

Thank you. You may share your screen and proceed with your case.

Okay. Thank you.

Can you see my screen?

We can.

Okay.

Okay, so this is, sorry, I'm equally tired listening to that, 1521 South 11th Street, as mentioned.

This should be relatively brief of the two I have in front of you today.

Anyway, this is a CMX 5 property, and we are proposing the erection of a six-story addition with a roof deck for non-residential use,

accessed from a six-story over an existing five-story structure for use as a sit-down restaurant with all other uses in the same structure.

this is a referral this is a special exception and the only use referral that we have is that

it requires a special exception if you want to propose a roof deck for

non-residential uses and as mentioned this is going to be for a sit-down restaurant

this is our appeal the property which i'll show in a second is a cmx5 property

It has a ground floor of Honeygrow and also has locations with Milk Boy Philadelphia on 1100 Chestnut Street.

And the area is accustomed to a lot of non-residential uses.

The roof deck is going to function as just an extension of seating for patients that are already accommodated within the restaurant

and will not introduce any additional parking transportation demand that's disproportionate to what's typically required for a restaurant of this scale.

And that is sort of situated on a CMX 5 commercial corridor in our city.

There's also SEPTA and bus routes located 11th Street and Market Street.

So we don't anticipate this causing any major traffic issues or any noise or air quality.

It's just going to function as a non-residential use to support the existing building and the restaurants in the area.

area. This is a deed, tax information. Here's a zoning map of the property. Again, it's a corner

So

property, CMX 5 on South 11th Street, surrounded by almost all CMX 5 high-density commercial mixed

use projects and buildings. Just right off of Ludlow, Market Street, and then Chestnut Street

sits in between, and again on South 11th Street. This is sort of a very far away aerial view,

but it's around all the major high-rise buildings that we're familiar with on South 11th Street,

Market Street, and Chestnut Street, with the small street being Ludlow Street. This is the building,

if you're familiar with the area.

This is the Ludlow Street view.

It has a ground floor of Honeygro

and it's a mid-rise building

next to the Jefferson,

brand-new Jefferson Honigman Building.

Just the zoning posters that we posted

on all sides of the property.

Again, another view

just from the Ludlow Street side.

Another view. This is currently some of the exterior photos of the space.

The exit, mechanicals, some green space, I don't know why there's a picture of that

mat here's the inside showing the ventilation and again more photos as mentioned um so just

permits just showing the other uses in the building and for uh the takeout and restaurant

downstairs which is the honey grow this is where in the code we're seeking um a special exception

for as you can have roof decks for residential uses would be permitted by right but for some

reason for non-residential uses in CMX 3, 4, and 5 we would need a special exception so that's

what we're here for. We had a meeting with the Washington Square Civic Association on Tuesday,

May 27th and as mentioned they sent us a letter this is the notices we sent out and they sent us

a letter, 10 people in non-opposition of this project. We also have a letter of non-opposition

from Councilman Squilla's office, and we have Mark Wallace from Core Architecture who's

here as well to just quickly go through the plans and be able to answer any of the more

technical questions that the board may have. Is there a Mark Wallace in the virtual audience?

And he's coming in now as a panelist. Thank you.

Mark.

Hello, ladies and gentlemen of the board.

Can you please state your name and spell

for the stenographer mark wallace m-a-r-k w-a-l-l-a-c-e do you swear or affirm to tell

the truth the whole truth nothing but the truth i do please proceed counsel uh mark can you just

go through the plans for the board that i have on the screen please yeah so essentially um there are

three shades of gray on this uh on this site plan the darkest shade is the enclosed area that we plan

on building the bar structure. The medium gray area is the exterior deck, and the lightest gray

area is the footprint of the existing building. Essentially, our goal is to have a structure that

is mostly non-visible from the street, so we worked hand-in-hand with the historic department

to make sure that we set back our structure so that it is not visible from Market Street all

the way down 11th and then um we have a drastic setback on the ludlow side so you can't really

see anything on the ludlow street roughly we are enclosing the area of the existing roof deck

Roughly, we are enclosing the area of the existing roof deck, and we are expanding that roof deck then out past that about 18 feet in the Ludlow direction and about 7 feet in the 11th Street direction.

and these are just the site sections showing um the existing structure how the roof slopes

and how our enclosed structure will sit and how the deck the adjacent deck sits

one from um cutting through north south one cutting through east west

thanks mark yeah just worth noting that we did get this

approved through the historic commission um through staff level approval so um this has been

supported and approved by the historical commission at the staff level

um other than that if i could just bring on the owner josh uh rosenblum just to adopt my testimony

Mr. Rosenblum, we see his hand.

Yes, and he's coming in as a panelist.

Thank you.

So you're still coming in?

here we go. Can everyone hear me? Yeah. Mr. Rosenblum, could you please state your name

and spell for the stenographer? Sure. Josh Rosenblum, J-O-S-H-R-O-S-E-M as in Nancy,

B as in boy, L-O-O-M as in Mary. 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, Josh. Have you heard my testimony today? Do you believe it to be true and accurate,

and do you adopt it as your own thank you thank you questions from the board

yes for the access to this restaurant how will patrons get to the sixth floor so there is a

there's a lobby along the southern um party wall side that will be a main entrance in there they

will gather in the lobby and then come up to the space there's also um a currently it's a bagel

shop that the goal is to operate in tandem with um the the rooftop bar and eventually the uh

people will be queuing through that space the bagel shop has access as well it'll have access

to the lobby so so it'll it'll provide a way for people to come in and be um to have access to

their elevator okay and then what's the because it just because it's not included in this

permit what's the plan for signage and like wayfinding

um we don't have any signage as part of the application currently um when we come uh we

don't have an operator mr rosenblum is the owner of the building so our goal is to have the

structure um erected and then find a tenant that would occupy the space and at that point

applying for signed permits would be on the tenant.

Okay. And so the lobby that we're referring to is the doors to the right of the bagel shop?

Yes. So if you're looking at the lower right-hand corner of those four photos,

it is the main entrance to the commercial spaces above currently. And then again,

the goal is to find an operator that will take both those spaces.

And then what are the other commercial uses that are happening in the building on the existing floors?

So it's just the two. It's currently the bagel shop and the honey grow.

So the other four floors are currently...

I apologize. I thought you were asking just the first floor.

Yeah, there are offices throughout.

Okay.

Other questions?

Yes. When you said people would come into the lobby and then go up into the space,

So is that steps? Is there an elevator?

Elevator access would be the main.

There are two existing pilot houses that come up to the roof for emergency ERS off.

No patron hopefully will ever use them.

Hopefully it will only be the elevator access.

Okay. And there is, what about accessibility?

um uh what about accessibility yes so it's an accessible entrance along the 11th street side

Yes. So it's an accessible.

and you'll be able to um the elevators are along the accessible route and they open up into the

restaurant space which will also be fully accessible all right thank you questions

questions or comments more attorney actually one more question what's the anticipated occupancy

of the of the space that's now going to be on the sixth floor

um i believe we are around 200 patrons i believe but um all of the infrastructure um meets code

to support that i don't know the exact entrance because again it's going to it's going to come

down to who the operator is so um i mean the prescriptive method of the code i think we were

right around 180 but again seating can change and our permanent change based on that sure but you

guys still enclosed the space assuming that it was going to have some type of layout so i guess my

thought is like what because there's no plan right right now we're just looking at no we can bring

up brachel can you bring up the floor plan please we have plans and renderings okay give me one

One second.

And while we wait, I have a question.

How will you guys determine hours of operation?

Will it match what the existing restaurants are down at the bottom?