And then we have our lease between my client, S&B Restaurant Group, one LLC,
and the deeded owner of the property, JJG Enterprises, Inc.
And again, my client leases all the building, which is a seller and three stories above.
As I indicated, the property is located on the southwest corner of West Girard and North Front Street, right along the west side of the L.
See, the building occupies 100% of the lot.
There is an alley behind the property on the south side that leads out onto North Front Street.
Exhibit 5, our zoning maps, our property is zoned CMX3.
As you can see, CMX3 on both sides of our block of North Front Street,
as well as both sides of our block of West Reward Avenue.
Caddy cornered from us, as you may know, is the BL stop.
Lots of public transportation up and down West Reward Avenue and then obviously BL.
We are located in the North Delaware Avenue overlay as well, which isn't reflected on the zoning map.
So historically, the property has been utilized as a bar and as a hotel.
You can see from the zoning archives there's a pre-code, pre-existing nonconforming use
that is recognized from October 20th of 1948 as a bar restaurant.
Here's a copy of that permit. It also mentions that it's a hotel, three stories, as it still stands today.
And that use, other than the hotel, has continued on through the present day.
We have historical photographs that my client provided to me showing that it has a bar, floor, bar since way back in 1938.
It's gone through some several different iterations.
Here's a photo of it as the bar, 1941.
When you see photographs, literally the building is exactly the same as it is today.
1948, 1951, 1967, 1969.
I'd like to have that car right now.
1970, 77, 84, 91, 2008, showing DJ, this is prior to my client opening his business and
operating his business, but there is evidence of there being live music assembly and entertainment
at this location prior to my client's ownership, and that's essentially what we are for the board
today. And here you can see as the Wonder Years bar in 2012, live entertainment, again,
unfortunately without permits. And that again is prior to my client. Opening his
business there. Our application is for a sit-down restaurant on the first and
second floor. It's presently a sit-down restaurant on the ground floor. So we
want to expand to the second floor presently as you'll see from the
photographs. The second and third floor is used for storage and for an office for
the business. Seller is also for storage. So you want to expand the sit-down
restaurant up to the second floor the bar and restaurant and then increase the
lawful occupancy and they want to have live music with the DJ and dancing in
in the in the building in the existing but there's no proposed change to the
height or area of the structure and you can see from our we have a refusal and a
referral again issue January 23rd 2020 you can see the reference to the CMX 3
zoning classification, which normally permits these uses. However, given the
location of the property in the North Delaware Avenue NCA, you can see below
that the assembly entertainment is not permitted in the North Delaware Avenue
The assembly entertainment is not permitted in the North Delaware Avenue overlay, and then eating and drinking establishments require special exception approval in the overlay.
overlay, and then
So we have a referral and we have a refusal here.
So we have a special exception and a variance.
Filed our application for appeal and referral in a timely fashion.
back before this was done electronically, back in the good old days of February of 2020.
And we went and we met with the coordinating RCO, which is the Northern Liberty Neighborhood
Neighbors Association. We pulled the list of addresses from the link that the Planning
Commission provides. We did send out the 14303 certified first class at the time
of the mailing of that. We did not know what the Zoning Board hearing date was,
so that meeting with Northern Liberties was August 31st. At 630 it was held
remotely, virtually, and then we just indicated that we would provide notice
subsequently once we had the date and time of the Zoning Board hearing, and then
and we did do that again by certified first class mail.
We did send a copy of the notice of refusal.
Here's the original certification,
and then here's the second notice we send out,
certified first class advising of today's hearing date.
As indicated, we did meet with Northern Liberties.
We do have a letter of support from them,
as you can see at tab 17, October 8th, 2020.
And you can see that it's presented as they support it with the provisos, with the conditions.
Essentially, they wanted to know about our security.
We provided them with information about security, security personnel being ramp certified, the hours of operation, noise control.
Part of the proposal, along with expanding to the second floor, is installing sound dampening.
throughout the property to deal with basically their operational concerns, which to some degree
have to do with the special exception and whether this particular use at this location is worse
than this use would otherwise be. We addressed loitering. We addressed outside promotions,
which there will not be, the presence of management on the property, and then what the
increase in occupancy will be. Right now, we'll go back to the plans. The total occupancy for the
building including the cellar including the storage and offices on the third
floor which are minimal second and two in this cellar and four on the third
floor is 189 we talked about maintaining the sidewalks abutting the sub subject
property if you'd like to hear about that my client can go into great length
about the efforts that he's made to maintain that corner in a respectable
fashion and how basically how since his business has been closed since the
beginning of the pandemic because of the restriction placed by the city in the
state how things have kind of slid a little bit at that corner without their
presence and their eyes on the street and their involvement in maintaining
that corner in an orderly fashion and again cue control on leading up to the
subject property and those were all included with their letter along with
our house alcohol policy and operational policies that we presented to them. And then a copy of the
plans, which I'll go back to now. I'm not sure if we need to go over the plans. I mean, unless the
board members feel that we need to see them. Okay. I mean, essentially, just real quickly,
the cellar on the first floor is going to stay the same. We just have this dance floor that's
being added in this open area, which is where they'll be dancing and live music. And then the
second floor as you see is now going to be utilized for seating bars and
seating and then the third floor renovated bed a little better into
offices and storage you didn't mention something David I don't mean to break
through your presentation but you mentioned something about provides those
hours of operation yeah they wanted to know they they wanted to know in that
letter, Larry Friedman had emailed me with a list of questions. So on the second page
of their letter, let me increase that. This was what came out of the meeting, our meeting
with them. This was an email I received that they sent. Group motion, thank you for your
presentation. Please return with policies related to the following security noise control
order, which is what I went through. It's a seven day a week operation. You know, they close by
operation um you know they they close by two o'clock people are out of the business by 205
um so it's not the situation where people are hanging out either inside or outside the property
okay there was just there weren't any they weren't asking for any specific hours no no okay that's
why i want to make sure okay no security okay okay we also have a letter of support from state
Representative Malcolm Kenyatta, and you can see in his letter he states that
over the past seven years, they, being St. Lazarus Bar, have worked hard to
improve the intersection of Front and Girard, provide a safe and culturally
diverse environment, and actively participate in the well-being of the
neighborhood. They have been exemplary business owners, active in the community
through charity, volunteer work, and civic engagement, and they are a valuable
asset to the area. I mean, I know zoning's not related to the users, but at TAB14,
there's a summary of Brendan Alkus, who's, again, the owner of the business, his longstanding
presence in the community, his family's presence in the community, the current involvement of both
Brendan and his wife in the, his partner in the community, as you can see there at TAB18.
But again, you know, we know that zoning has to do with the land and the building. We feel that given the conditions on North Front Street, given the presence of other bars and restaurants, given the somewhat problematic nature of this corner and the benefit that this business and the hours of operation, particularly into the evening, has for the community and maintaining that corner and that intersection in a better fashion.
and when they're not operating, that serves as a great basis for the granting of the variance
in this situation and the hardship if it's not granted.
Do you have any more photographs? We have photographs of the area. You can see businesses
up and down the block. Some of them are shuttered and closed. Again, this business has been closed
since the pandemic began, but they're optimistic that they'll soon be able to begin. And again,
And you're right next to the L, so you're kind of limited, kind of a noisy area just because of the presence of the L, but you're limited in the ability to attract businesses to this area.
Do you have any witnesses that you need to bring on?
Yeah, I have Brendan and Justin been unmuted.
Ms. Sunkit, I know that you were
working to get Mr. Snow on the line
Yes, they've been unmuted
So Brendan, can you please identify yourself
your name and address for the record
Brendan, maybe you're not unmuted
You have to unmute yourself
Oh, I'm sorry, good afternoon
Your name and address for the record, Brendan
Yeah, my name is Brendan Olkus, B-R-E-N-D-A-N-O-L-K-U-S.
My address is 1405 North 2nd Street, Philadelphia, PA, 19122.
Okay, and are you S-
Do you swear to the firm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
Thank you.
Brendan, you are S&B Restaurant Group 1, LLC?
Yes, I am.
Okay, and you're the tenant of the property?
Yes, sir.
And you're the owner of the business?
Okay, and you run the business?
Yes, sir.
And did you hear the statements that I made to the board this afternoon?
I did.
And are they true and correct to the best of your knowledge?
They are.
Would you adopt them as your own?
I would.
Thank you.
And then Justin Myers.
Justin, are you unmuted?
So, Justin, I don't know.
There's a couple of devices.
Hello, David. Oh, okay. Sorry. Yeah, I had it on my computer and on my phone. Sorry about that.
Yeah, you can't do that. Yep. Yep. Justin, your name and address for the record.
My name is Justin Myers, J-U-S-T-Y-N-M-Y-E-R-S. My address is 2837 West Oxford Street,
Philadelphia, 19121. Do you swear and affirm to tell the truth, the whole truth and nothing
about the truth? Yes. Thank you. Please proceed. And Justin, you prepared the plans that we
presented both to the community, Northern Liberty Neighbors Association, and that I showed to the
board at Exhibit 11? Correct. Okay. And did you hear the statements I made about those plans and
about the building and the property and the operations during today's hearing? Yes, I did.
And are they true and correct to the best of your knowledge? Yes, they are. And do you adopt
them as your own? Yes. And with that, I rest, Mr. Chairman.
And with that, I rest, Mr. Chairman.
Any questions from the board?
Anyone else like to testify in this case?
If so, please raise your hand.
No hands at this time.
Thank you.
Planning Commission?
Good afternoon, board.
Peter Bernard for the Planning Commission.
you're sworn in already peter yep this property is indicated for commercial mixed use in the
comprehensive plan the property has a long history of being used as a bar and nightclub
we do not feel the proposed expansion of the restaurant to the second floor would have a
negative impact on the surrounding community accordingly we have no objection to the granting
of the variance or the special exemption. Thank you. MI-2020-000124-102 West Girard Avenue. My vote
is yes. My vote is yes. Give me one second. Jim, you're going to push star six.
sorry about that guys my vote is yes thank you no problem jim uh i'll call the case
okay yeah i'm sorry about that frank something all of a sudden something happened to my server
the screen went blank that happens to me quite often so no problem all right uh mi-2020-000321
1317 South Broad Street I have Raymond Derizio Raymond you can share your
screen as you need to and unmute yourself and wait to be sworn in by the
you thank you mr dorizio please spell your full name for the stenographer yes good afternoon
chairman and members of the board raymond last name dorizio d-o-r-i-z-i-o addresses to penn
center suite 520 philadelphia pa 19102 and uh here representing i'm sorry okay you swear and
affirm to tell the truth the whole truth and nothing but the truth i do okay i'll have some
questions for you now. Sure. Have you emailed an exhibit packet with the required documents,
including proof of ownership, proof of tax compliance, a copy of the refusal or referral,
and photos and or plans of the property five days in advance of the hearing?
Yes, that has been sent. Also, have you met with the RCO? And if so, do you have a letter?
Yes, and I believe that was attached to the packet.
Thank you.
Mr. DeRazio, please proceed.
Thank you.
So I'm also here with Frank Rudy.