and the exterior and interior photos okay so we don't have those do you have those with you
when did you submit them like five days before that's that uh it's Saturday you can't touch
Okay, so we are not going to be able to hear this matter today. Without the proof of posting, we really need to have that. And for purposes of, you know, us.
And for purposes of, you know, us being able to evaluate your request, we also need those pictures.
So the bigger thing is the posting.
So without that.
When you say, like I have.
Well, he's got it.
Yeah, the pictures of posting is right here.
Can you?
It hasn't been made part of the record.
if they have it in an envelope they haven't been submitted in advance we don't have them right
so the problem is you know yeah hands work with them i think
yes yes even working with them right in somebody's been working with them here maybe
Okay, so can we.
are we okay or okay well then uh never mind then um
So we have here, we do have pictures of the posting, so we're good. And we're also going to provide you with some staff assistance so you can help with putting on the case.
Then this application is for use as a prepared food shop within an existing structure.
And there were notes from the examiner that the application number 397227, calendar number 17954, was granted on 7-10-2012 for the use as a barbershop on the first floor of an existing semi-detached structure with vacant second and third floor.
provides a no sound on this application so there's one referral whereas the proposed used
prepared food shop requires special exception approval in the cmx1 zoning district and you
have a letter of unanimous support from the strawberry mansion cdc and there's a letter of
non-opposition from council member young so with that as the backdrop do you um wave the reading
well you've heard it of the referral and stipulate to its accuracy yes okay and uh so then you can uh
move forward with your case and you'll get staff assistance with respect to
uh your exhibits and what have you and um again
Excuse me, this is just board counsel again. I just want to note that ultimately the owner needs to present the case, but the tenant is allowed to speak. I believe that the applicant, you are the tenant of the property.
I'll swear him too.
Yes, yeah.
They should be sworn in as a witness.
Did I swear you in?
Could you please state your name as Belfort as a photographer?
Gerald Deitches, G-E-R-A-L-D.
Right. Deitches, D-Y-C-H-E-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Why don't we start? Tell us, basically, first start off by saying, what is it you're trying to do?
Trying to sell water ice and ice cream in the back of the shop.
Okay. All right. So, do, is yours, are you up when the, Ian, do we have a computer presentation?
Good morning, Chair. Yes, we do. I'm just organizing the documents that were just submitted to our paper this morning. So, I need just a minute for that. Thank you.
Yeah, sure.
All right.
He's trying to get your presentation will be up on the computer in a minute.
He'll be able to see it.
funny you went with the rco right the rco yes council members in favor of what you want to do
You went with the RCO.
yes you had experience doing this before no i may have been a cook all my life but
not running my own this is just going to be ice cream and ice cream water ice yes pretzels
okay are we ready to go yes it's up all right so you're leasing the property to him yes i'm
ready yes all right um is that right am i correct yeah you're releasing it to him yes right so um
um you didn't let him testify am i correct yeah so why don't you tell us like what you're doing
how you're fitting it out what hours of operation do you have want to do and things that well i was
operation is like from like 11 to like 7 during the week maybe a little later on the weekends
we haven't you know locked down that exact time but you know it's going to be like a
six day a week thing at least right clothes on Sundays right no prepared food no prepared food
no ice ice cream pretzels yes and do we can we move that that's the inside of the place yes okay
Yeah. And is this going to be eat-in, take-out? It's just take-out. No eat-in. Okay. And what are you going to do about trash? You don't want to get a service. Okay. For the outside? Yes. You mean? You're going to have. Okay. And then deliveries. What are you going to do about that?
Well, I haven't decided if I'm going to do deliveries yet.
That's not part of the plan right now, doing deliveries.
I mean, deliver the ice cream and water ice being delivered to you.
You're not making it there.
You're going to get it from somewhere.
So what are you doing about that, or what are your plans about that?
It's a few different companies in the neighborhood where I'll be buying it from.
And you've already made arrangements?
With respect to that.
All right.
Thank you.
any other questions yes so i know you said you're going to be selling water ice out the back this
looks to be the rear of the first floor property what's happening in the front of the first floor
nothing right now nothing so where are the patrons are they going to be coming to this blue door or
to the like wood right there right here and this is on susquehanna this is on the the side 29th
corner yes okay um and then how are you planning to heat because i know you said you're selling
pretzels are you doing just regular pretzels pizza pretzels regular pretzels okay so no okay
so you're just going to need like a electric warmer okay run the press just like electric
warmer that you just run the presses through if they want them heated are people coming into the
shop are you going to be selling through the window the window through this window also you
take the bars down and all that and install that okay um i don't think i have any other questions
questions from our attorney uh no chair just just wanted to note um you know if if there is
is is a grant of this request um just just to know if you'd like to limit the use as a proviso
to a specific portion of the building the portion of the building the rear yes correct like first
Yes, first of all, correct questions for comments when the virtual audience.
I see no hands at this time to any commission.
Morning chair members of the board, Michael Gall with the Philadelphia city planning commission M. I C. H. A. E. L. G. A. L. L. he swear or affirm to tell the truth. Told truth. Nothing but the truth. So, for.
please proceed sir the comprehensive plan recommends a change in zoning at this location
from the current cmx1 neighborhood commercial mixed use to rsa5 residential single family attached
the applicant has demonstrated that the proposed use will not have detrimental impacts beyond what
would reasonably be expected therefore the city planning commission recommends the board grant
the requested special exception for special for prepared food shop use mi-2025-002-860-2169
North 29th Street. I vote yes with proviso. Rear or first floor only? Michael Johns, my vote is yes
with proviso. Cheryl Gaston, my vote is yes with proviso. Ryan McGowan.
Cheryl Gaston, my vote is yes, with proviso.
Ryan McAdams, my vote is yes, with proviso.
Tywin, my vote is yes, with proviso.
Thank you. You have your votes.
Thank you. Thank you.
Okay. Number six.
MI-2025-003279-2519, North 7th Street.
Sori A. Majula is the attorney.
Chair, the attorney will be joining us as a panel.
Thank you.
Council?
All right, here we go. Good morning. Good morning. Council. Could you please your name is spelled for the stenographer?
will do uh chair uh salary me here uh first name s-a-u-r-y last name m-e-j-i-a you swear
we're referring to tell the truth the whole truth nothing but the truth uh yes counsel could you
identify your client their relationship to the property uh yes uh board uh chair um uh my client
is Berg 2519 North 7th Street, LLC. The property owner and the owner or sole member of the LLC is
Danilo A. Burgos. All right. And I see there's support from the 37th Ward RCO and non-opposition
from Councilmember Young. Our Vice Chair has a few questions for you. Sure. Good morning,
Council. Did you submit your exhibits and documents five days in advance of this hearing?
And do you waive the reading of the refusal and stipulate to its accuracy?
And you can proceed with your sharing of your screen and making your case.
Okay, let's see how we do this.
Okay, look at that.
All right, so we have all your documents. So if you, if you want, you could really just, you know.
Go ahead. Okay. Cover just your.
Perfect your main issue and then head into your.
Photos and plans. Okay, so again, good morning board.
So, today, we're seeking a use variance for visitor accommodations at 2519 North 7th Street.
A lot of refused application on March 21st of 2025 because the visitor accommodations are prohibited in RM1 District.
And you can see on Exhibit B, the refusal is there.
um so uh then I'll try to walk the board I'm sure everyone's well aware of uh each of the various
criteria is on the section 14. um do me counsel do me a favor could you get closer to your mic or
just raise the volume a little bit I want to make sure the reporter can get this sure sure that's
All right, and okay, so this property sits on arm 1, but it's directly adjacent to a CMX 2, wherever is the visitor accommodations are permitted. You can see that on the zoom map on an exhibit.
1, sorry, exhibit L page, I'm sorry, let me see L is.
So let me see here, L is final 13, so I'm sure I put page on this, let's see.
That's your posting there, right?
yes that is my posting uh so here exhibit l you can see cmx2 um it's right around the corner uh
the the the property is uh feet from the uh district where uh the use is allowed
um the property is also within uh two overlay districts uh um nis overlay and the vd oh fifth
district overlay um that's uh that's noted on the uh refusal in exhibit b so this is a
transitional block uh not like a quiet residential street um uh and so we believe that uh
the building it actually the building already has why don't you show us the building and the
yes so the uh let's go up to exhibit j uh so well i'll show you the post and this is the building
everyone can see that uh this is what it looked like before well on the right it's it's the rear
on the on the left is is the front of the property uh this is the the side view uh of the block um
Can I ask how many units are in that building?
Uh, 3, 3, 3 units and this request is all for all 3.
Yes, okay. Um, and then you can see the interior photos here.
Um, uh, and so this, this, this building is, is, is made the, the, the property is is made for.
were what we're physically and exactly exactly requesting um and uh we believe um enforcing the
RM1 prohibition against the property uh given this location it's on the edge of the commercial
district and this existing configuration would would uh provide unnecessary hardship to to the
owner um the the advocate himself uh he did not create the situation uh the property was purchased
in 2022 as an existing structure you can see this in uh exhibit e which is the deed go up here hopefully
the uh it's a little blurry but
this was purchased in 2022 um and the zoning classification overlays are already in place
um so uh the just the transitional character of the neighborhood is a pretty existing condition
we're not asking for any dimensional relief no change in the building height footprint
And nothing like that. The request is simply to change the use classification from multifamily residential to visitor accommodations within the same existing building that we had shown before.
Like I stated before, just three units. Occupancy stays the same or it's actually lower. If the board wants, they can impose any priorities.
We would accept reasonable conditions on unit count, occupancy limits, or management requirements.
Because it's just three units, this will generate less traffic than, let's say, a three-unit apartment building.
Typically, the people that will be staring here, they usually use public transportation or rideshare.
They're not daily commuting, adding cars to the block and taking up parking spots.
We don't predict any harm to the neighborhood or any increase in noise, nuisance, beyond what the residential neighborhood already produces.
These are short-term visitors. They generate less wear on the block than some tend.
um uh they generate uh less wear on the block um than than some tenants um you know they'll
they're responsible to take out the trash um it's it's and they you know they get rated for
the way they leave the the unit when when they do leave so if you know you're going to get a review
you most likely they're not so council want to explain how they intend to manage the place
Sure. So my client has a team they manage. There's cameras on the on the in the building. There's noise recording, not recording devices, but they record a decibel.
So once it goes above a certain decibel, the team, someone in the team gets alerted and then my client is on hands.
He'll call. There's been he has another property where there was a noise violation.
He's he noticed in the camera that are outside. They're not in the actual physical units.
They're just in the common areas outside. And he noticed a lot of individuals going into the units. He immediately went over and ended up having to call the police and disperse the crowd.
So that's one way. And this is actually on a Saturday or Sunday afternoon. So he's on this 24 hours a day. So I don't see any burden to the neighborhood or any burden to anyone in the area. Again, there's no new construction, no excavation, nothing like that.
so why don't you bring your client on and have that client adopt your testimony let me give me one
second sure
i'm just gonna view myself for a second here
Thank you.
You have your client's name so we can call you unmute, please. You've muted yourself.
Oh, boy.
Uh, his name is Daniel Burgos. Actually, he, um, is he on?
No, he actually is outside. I thought he was in the zoom, but he's actually here outside.
Oh, he's outside my office. Can I go and grab him?
Could you bring him in?
Thank you. Thank you. Let me just one sec.
And you're saying you can't run it, is that what you're saying?
It's a transitional block, transitional block.
Oh, boy.
So what we need is your client to say his name and spell it for the stenographer and everyone hear me actually.
Yeah, he just should get a little closer. Okay.
Good morning. My apologies. My name is Danilo A. Burgos. First name is D-A-N-I-L-O.
Middle initial is A. Last name is B-U-R-G-O-S.
Middle initial is A. Last name is B-U-R-G-O-S.
Do you swear?