There was a, on the refusal, you can see that there are mentioned prior case, one of which
is the denial of a sit-down restaurant, which actually was to relocate lot lines.
it was trying to make a much bigger restaurant than this particular space, but it was included
as part of that application. And I think many of the neighbors and even the councilman's office
still has concern of future attempts to kind of slide in a full service sit-down restaurant.
Now, my client is looking to operate the bakery here long term. She only wants some seating
accessory to the bakery use certainly no intent to have a full sit-down restaurant of any sort
and we're open to any way the board wishes to restrict this because we did agree with the
councilman's office that if words come to words yes no seating being permitted inside would be
something my client would accept although i think even a takeout restaurant will allow up to four
seats accessory to a takeout restaurant type use. So that's the struggle here is to try to make
sure the community will not have any way to have a sit-down restaurant kind of backdoor into this
application. Let me ask this question, Mr. Jen, your client has a lease? Yes, my client does have
a lease. How many years? The lease right now, I believe, is for three or five years. I may want
to have my client verify that information. 25-month lease presently, but I believe there's
option to extend as well that's built into the renewal terms. And she's looking to operate
long term. I'm looking at expires February 28, 2022. So it's less than less than two years left.
The renewal term here that would apply under the option three
and would notice she can get option to extend the lease.
and and i think if i were to put her on her testimony would be that if unless the business
is failing her intent absolutely is to renew it um one of the suggestions from the community is that
uh the permit would run unless there's a change in the use away from bakery
i don't know if that's something that the board can possibly work with as a
Mr. Jin, would it be possible to state a specific number of seats and provide that they are accessory to the bakery use only?
We had told the community it would be no more than 15 seats and it would be accessory only to the bakery.
their concern is that of course i think i can i can understand the limitation on on the seats i
just don't know how you uh enforce bakery because a lot of things can be baked you can make baked
lasagna all right i'm not being first it's just bakery i'm not opposing i'm just saying
i don't know how you just bakery limited to pastries uh yeah i mean i don't i don't know
how you enforce that.
We can do the seats and do a temporary
as it relates to the lease.
Mr. Jin, is this going to require a significant amount
of interior renovation?
It is going to require interior renovation.
Right now, the level renovation is basically a framed out space.
Right now, the level renovation
is basically a framed out space.
So my client is putting a substantial investment into this.
I'm scrolling down to the interior photos.
As you can see, she's going to have to put substantial amount of investment in to make the space and put in the equipment for the baking, among other things.
So this is not, even though the lease is two years, because when you start a new business, no one can be sure and they don't want to face a 10-year lease amount of potential liability.
I think if she opens this bakery, this is not intended as just a two-year small.
So what was the start date of the lease, the current lease?
Starting date is January of 2020.
she's been you know you're almost a whole year almost gone all right so it was january 2020
and expires 20 february 22 i believe yes 25 month lease uh based on the lease but you already lost
a month that's what i'm saying i mean a year almost you almost lost a year she did yes okay
all right i didn't mean to interrupt i'm just trying to figure this out okay uh do you have
anything else to add? Again, I just want to point out the community voted overwhelmingly in favor
of the bakery. It's this particular issue of the sit-down restaurant possibility that's the
biggest concern, both from the councilman's office as well as from the community. Mr. Jin, would it
make a difference if there was a proviso stating no table service so that people would only be
able to go to the counter and get? Yeah, I think that would not make a difference to my client
because she believes that the customers will be getting it from the counter
and taking it just to have a place to sit.
That's really the intent, just to give them a place to sit,
not a full-service restaurant at all.
So if there's no table service,
that would prevent it from turning into a traditional sit-down restaurant?
I would agree.
I would certainly ask my client to also verify if she would agree with that.
But I think based on our prior conversations, and she is here with us.
Okay, so why don't we ask her?
Okay. Tanya, if you could look for Mr. Ms. Madeline Suarez.
She's available to be sworn in.
Okay, great.
Chair?
Are you there?
She's available to be sworn in.
Okay, ma'am. Please identify yourself with a record. Spell your full name.
i'm madeline suarez that's m-a-d-e-l-i-n-e-s-u-a-r-e-z you're swearing a firm to tell
the truth the whole truth nothing but the truth yes i do okay you've heard some of our questions
mr jen yes yes and mr jen you asking them can can i clarify um the lease agreement so the lease
started as of February the 1st of this year to 2020. The lease was going to be for two years
and this is a purchase lease to purchase agreement so after the two years I am planning to purchase
this building. Okay thank you. So Ms. Suarez we have discussed limiting the seating to not permit
it to be full service it would just be free to your bakery takeout business would that be something
that you can accept as a limitation under any decision from the zoning board ah yes and it
would be no more than 15 seats correct no more than 15 uh the intentions are just to have people
come into the counter and this is like a bake shop complete food service bake shop uh baking
breads pastries making sandwiches out of the breads that are baked and the seating purpose
was for people to come in and just have a seat if they want to drink a cup of coffee with their
pastry just eat that and then go okay so your current lease expires february of 2022 i believe
so it's two years all right so you've lost a year already okay
and there will be an option to purchase the property should you have a successful well
we're gonna we'll do a lease that'll give her enough time and give her the extra year
because with this pandemic things are changing quite rapidly in the food business so we'll give
her the extra year if she decides to purchase it before the end of the lease that we're putting in
then so be it okay um i'm sorry can i just ask a question uh chair yeah were you thinking of a
temporary yes okay so i was gonna ask sharon if you can jump in typically our agreement with lni is
Okay, so I was going to ask Sharon if you can jump in. Typically our agreement with L&I is not temporary as if it's extensive work that has to be done inside the property. So I just wanted to pick that out.
I know I thought of that, but I'm trying to be somewhat helpful here.
um chair there are i think there is an accepted definition of a bakery um that would limit it to
bread and pastries and service of coffee with i don't know limited seating and no table service
that would probably accomplish but again of course your call yeah i hear what you're saying i think
we're all on the same page here i was just trying to give a little bit of uh uh extra time for the
applicant in the event that you know again because of the pandemic a lot of this this stuff may get
shut down again hopefully not but we're heading in that direction so i think i'm getting the
understanding from sharon that if if it's not restricted in time if we're restricting it to
the bakery use with accessory seating only, no full service, we would accomplish the full
intent. The community wanted a restriction on time, mainly again because of the concern
with future sit-down restaurant. All right, why don't we do this? Okay, your client adopted
your testimony, I believe. Ms. Suarez, you heard my presentation to the board and the facts as
presented. Can you verify that they're true and correct and adopted as your own testimony?
Yes. Thank you. Thank you. So I'm going to ask the board if there are any questions.
No? No. And Sharon, if you could, I'm going to ask, does anyone else have any,
would like to speak on this case? Please raise your hand. Here I have Sandra. Sandra,
you can unmute yourself and wait to be sworn. Good afternoon, Ms. Sykes, I believe it is.
That's correct. Now, please spell your first and last name and provide us with your address.
My name is Sandra Sykes. My first name is S-A-N-D-R-A. My last name is Sykes, S-Y-K-E-S.
I live at 15013 Endicott Street. Are you swearing to tell the truth, the whole truth,
nothing but the truth? I do. Thank you. Please proceed. Hi. I was involved with the last
restaurant that was asking for a variance at this. This corner is located at Somerton Youth
Sports Field. It has a pizza place and it has a deli and it now has the two buildings that you
were talking about before were supposed to be merged together for a sit-down restaurant
which we came in front of the zoning board for and it was turned down because we do not have
the parking on this street. There is no parking lot, and this corner already has a parking issue.
So we did not want a sit-down restaurant because the additional pressure this would place on it.
To have somebody come in and pick up an item and leave is one thing, but to sit and have 15 people
sitting there. We already have a hairdresser that's there that gets hair straightening where
they can sit there for two hours, we have a pizza place, and we have a deli, and no parking.
And then Somerton Youth when the sports fields go on. So that's why we requested no sit-down
restaurant. I also personally have an issue concerning the light industrial, just because
I don't know what it would open that up to. And I don't understand why you can do a limited food
establishment that does not require a light industrial, I believe, it can actually be
done out of the home. So they're my concerns. Thank you. I'm sorry, I'm sorry. We also did
talk to, we were trying to get a meeting together to be able to talk about this
with Somerton Civic, with just the immediate residents, because we do get parked in
constantly into our driveways.
I'm a little confused.
You said you were trying to have another meeting.
There was already a community meeting, wasn't there?
There was an online.
And we were trying to see if we could get together
with just the immediate neighbors.
Mr. Jen, it sounds to me like
there might be some opportunity
to get some folks behind
some of the things we talked about?
So I think
So I think I think the issue here is part of the parking issue I understand was brought up.
the issue here is
part of the
I believe it was addressed also in the community letter. Again if so what it sounds like to me
ultimately again it's considered the light industrial we have explained to the community
multiple times that it is triggered because we're creating pastries on site. It triggers
that light industrial designation because you're making something. Even though it's not,
she would have ovens and flour because you're making it from raw materials. It triggers a
light industrial. But again, it will be limited purely to the bakery use. It's not a light
industrial that's going to allow in instantly other light industrial uses.
So we actually did have sets of questions that we responded to through the community.
I actually did a video presentation that was actually left on their site for I believe
over a week or two weeks for people to have feedback.
So it was actually pretty extensive discussions.
I understand Ms. Sykes' request is for an in-person meeting, which did come, I believe, just last week.
We were told by the council office's representative that that might be something.
And then the community RCO representative apparently felt that another round of questions may be able to resolve it.
That's why we're here today with both letters from the community as well as from the councilman's office.
right and again that letter from the councilman's office stated what no seating their main concerns
is seating correct and again if if that is um something that the board is also uh entertaining
if this would resolve the concerns for the neighbors i have spoken with my client i think
we can accept that to move this forward because she's again been delayed uh quite extensively so
far and you know given the current situation uh moving this forward is critical to her
success as a business in the future so no seating would be this is this is sharon again the i can
quote from the council councilman's letter it is quote indoor seating is removed and industrial use
be exclusive to baking okay okay anyone else like to testify no chair you can proceed
Planning Commission. Good afternoon, Board Peter Bernard for the Planning Commission.
This property is indicated for commercial mixed use in the comprehensive plan.
We do not feel the proposed use will have a negative impact on the surrounding community.
Accordingly, we have no objection to the granting of the variance.
Thank you. MI 2020-000302, 15002 Endicott Street. My vote is yes with the following proviso, and correct me if I misspeak. No, indoor seating is not permitted, and industrial use limited to bakery purposes only.
That's right.
okay to vote yes supervisor yes thank you thank you okay good luck next one up is mi2020-0015361322
2 Rockman Street.
Attorney is Henry Clinton.
Good evening, Mr. Clinton.
You're still under oath from earlier today.
Please identify yourself with a record.
Good afternoon, Mr. Chairman, members of the board, Henry Clinton, Queen Memorial Building,
1313 South 33rd Street, Philadelphia PA 1914.
course. I'm here today on behalf of the applicant. Mr. Clayton, you agree to waive the reading of
his refusal and stipulate towards accuracy? I do. Have you emailed an exhibit packet with the
required documents, proof of ownership, proof of tax compliance, copy of the refusal, photos,
and plans five days prior to this hearing? Yes, I have. Also, have you met with the RCO and have
a letter? Yes, I do. Thank you. Please proceed. Thank you, Mr. Chairman. I'm still under oath
from this morning. Yes, you are. Thank you. Ms. Sunke, can I share my screen?
Sorry, yes, Mr. Clinton.
Sorry. Yes, Mr. Clinton.
Thank you.
I'll just make it larger.
Mr. Chairman, members of the board, this property is at 1332 Robin Street.
I attach my presentation binder, exhibits AA through A11.
My appearance statement, the refusal.
Refusal concerns two issues.
One is, this is a request for parking in the front of a new single-family home on a lot that has been a two-car parking, just flat, open lot for at least 30 to 40 years.
The second refusal concerns are stairs from the rear yard to the second floor, and I will show you that on the plans.
uh this is my letter of non-opposition from washington square west civic we met with them
there was some concern about construction staging noise protection of adjacent properties