and the retail sale of food beverages and groceries is on the second floor only
with all other uses in the same structure as previously approved thank you you really run
a great restaurant did the original owner go to everyone else we're we're hungry now so
i'm getting into the restaurant now go ahead michael johns my vote is yes with proviso
cheryl gaster my vote is yes with proviso ryan mcadams my vote is yes with proviso
iowen my vote is yes with proviso did your original owner go to jersey uh i believe so
I never met him. There's one over there. That's cool. Little fish. Oh, it's in, in, uh, Jersey. I was not. Oh, yeah. Yeah. I have to take him down. All right. Thank you. And by the way, you run a great restaurant.
Okay. All right. Um, who's, uh, who's number nine? You? Yeah. Okay.
okay mi2026-003-619-337 north front street um uh alex goldberg is the attorney mr goldberg could
you bless just state your name for the record alex goldberg could you also identify your client a
relationship to the property uh my client's carl geiger he's the owner and he's sitting to my left
we do not have an rco letter is that correct so the rco sent an email 20 minutes ago i submitted
it i also that was 14 days by go ahead i forwarded it yeah i just we just got it okay rco submitted
uh a letter of non-opposition okay and i it's in my i'll share it on my screen our board secretary
has a few questions okay good afternoon council did you submit your documents and exhibits 14 days
in advance of this hearing? I did. And do you waive the reading of the
refusal and stipulate to its accuracy? I do. You sure? Yeah, I just had to make sure, but I do.
you sure yeah i just had to make sure but i do yeah you can okay then you can share your screen
when we get the presentation okay so 337 north front street um has frontage on front and it also
has frontage on water street um there are three existing legal units on the front street side
we're not touching those there was a residential unit then a commercial unit
and then a fire on the water street side and the property is currently being repaired and we're
hoping to legalize convert that water street unit which has no access to the front street side into
a residential unit so for a fourth unit the variance is saying that we're asking for units
technically we are but there is a there are existing three units with a documented history
or three units and in fact carl went through the variance process in 2008 i believe for four units
he just never went through the uh co process so it sort of never formalized um we met with the rco
uh it was a positive meeting carl also lives on that block as does the leader of the rco their
neighbors with each other carl is a good neighbor he takes care of his property he takes care of
this property they know what he's been dealing with with this fire and they trust that you know
he's going to continue to manage it well the refusal we're asking for despite it being zoned
rm1 it's technically a pretty small lot even though it doesn't appear that way when you're
looking at the units so we're asking for you know relief for the additional units that are not
otherwise allowed due to our lot size i would just note that at the bottom of this refusal there is
reference to the history of the property that in 86 the zba refused four families in 88 there was
a helicopter company with a unit above and then three families in 2024 just because he wanted to
make sure that the three units he had facing front street were properly permitted here's that email
from the rco at the bottom he references that you know we have dedicated trash storage in each unit
which we do. And, you know, the front street trash situation will be unchanged, right? Because
those three units have always been there. They're not changing. The Water Street side
is adding one additional unit. Here's the property history in that permit from 2006
to increase from three to four family dwellings. It actually had, he had the four units there for
a short period of time and then his wife moved her home care office into this space on the water
street side which was operating there up until the fire which happened last summer and he just
decided i just want to make this residential again here's the oh here's the property from
a zoning map perspective zoned rm1 google my perspective right down by the river here's
photograph so this is the front of the property from the water street side there's the entry door
to the left and you'll see this on the plans goes directly into the unit that door on the right is
a separate entry point to the basement and has space for trash storage interior trash storage
for that water street unit and then this is from the front street side do i have it mixed do i have
it reverse i have it backwards this is the front street side this is the water street side
posting photos to the left and to the right on water it's a narrow cobblestone street
here's interior photos so these are carl correct me if i'm wrong well you're not sworn in yet but
these are the three residential units on the front street side nice units um has had good tenants
over the years okay zoom out real quick and i'll zoom in on the water street side first
so um two doors on the water street side like i mentioned the door on the right
is a uh you know non-residential door that leads to a basement with utilities and water service
and we'll have trash storage up here as well this apartment is is technically a studio although it
does have living space in the basement down here but it has a kitchen and a little dining area at
the front a bedroom at the back it has a bathroom all these units have in-unit laundry and then
there's a portion of the basement in the back is additional living space the whoops this the front
street side starts with this purple unit um bathroom right here
um front street side enters in this door uh to go to the upper units
the front street side enters in this door uh to go to the upper units the first floor
unit on the front street side which is existing enters on the left you have a one-bedroom apartment
going up that common stairwell and by the way this building is becoming fully sprinklered
the city has actually asked him to put a fire escape on the building structure
so that's happening the fifth floor and the fourth floor are a bi-level two-bedroom apartment with
a roof deck and there was a one bedroom apartment on the third floor as well so so on the front
street side in total you have two one bed one baths you have a two a two bed two and a half
bath and then on the water street side you have a studio how many floors all together
technically you have you have four floors correct carl you go from water street it's five okay
okay if you go from front street it's four right because it's on a slope yeah it's a big building
Again, we met with the RCO. We mailed notice. Here's the deed to the property. Carl has owned this property since 2005 and tax clearance. So with that, I'd like to call my client to adopt my testimony.
Sir, could you get close on the mic for us, please? Could you please state and spell your name?
Carl Geiger, C-A-R-L-G-E-I-G-E-I.
Right. Do you swear or affirm to tell the truth? The whole truth and nothing but the truth.
yes I do counsel Carl did you hear my testimony today I did was it true and
correct yes and you adopted as your own yes questions from the board I just
want clarity because I understand that there's a slope for the living space
that's in the basement that does not need to egress well because it's a
grade on the back of the building so so my understand I asked the arc at the
project architect this question about egress because my understanding was that you you know
i see the need like i thought you needed an egress well was there zoning plan um right
it's a it's a there's not a site plan just because this is only a use application but
what i was told by the architect is that the the secondary means of egress is satisfied by the
egress window on the first floor that's not true okay you know i i'm not i didn't want to tell him
i'm gonna say it's impossible i mean it's hard to say without a zoning plan okay because it would
depend on where the building is out of the ground in the rear and we can't see it but that technically
at base is not true okay yeah understood so that's my only like that would be my one concern
because without seeing a zoning plan it's unclear like it looks to me like this is a party wall
and that this is going property to property with the properties next to it or at least
property line to property line you mean on the sides okay and that that's that would be my my
concern right now okay it's also a tiny window so even if no i wasn't referring to that as an
egress window there's the same window on the first floor that's why i was right i was referencing a
wind the window at the front of the building structure on yeah but you need one at the rear
for the bedroom as well all bedrooms in Pennsylvania need illegal even if it's a studio
apartment and if it's studio apartment but I guess my question would be if it's a studio apartment
because I think it's about finds it what defines a bedroom in a studio apartment well I think your
problem is that there's it's about it's you cannot see the window from the bed so I mean
existence and ability to for a human being to see the light and
to the window that's fair i would say that look i mean listen the furniture is just drawn in there
yeah technically you could have the bed i i don't think it makes a ton of practical sense but it
might be required to have the bed at the front and the kitchen and at the back um that you could
technically do okay but if you don't mind um the where the steps are there's not a wall separating
that bed from you will be able to if the bed were there you would be able to see the window because
that's those are just steps with a grant with a glass railing anyway you would be able to see the
you would be able to see the uh window it's actually another set of doors okay i mean if
the bed has to be at the front then it has to be at the front of course that washes out of course
sorry or it turns down whatever i mean of course they're they're going to drag you to do what you
have to do oh 100 we're on board with that all right anybody else question yeah okay so you said
there was fire yes okay and you have to and you're my am i getting this correctly you're basically
just putting back what was already there so yes but making changes yeah I mean all the
Yeah. I mean, all the, still the same amount of apartments, but the bedroom might be here instead of here. Yeah. There's a bathroom might be here instead of there, but that bedroom wasn't approved before. Right. Um, it was, it was an apartment when it was approved in 2008. Uh, but he never got a certificate. Never, never. Yeah. And then. Right. And then used it as an office. Yeah. All right. Okay. All right. Because I thought that there was some, like, well,
still the same amount of apartments but
Maybe I'm getting into the weeds. I know that if you had a fire and it wasn't completely destroyed that you could rebuild back or whatever was already there.
Smoke and fire damage or smoke and water damage had to take it, got the whole thing.
Ah, okay. All right. Then I understand. Thank you.
You're welcome.
Questions from our attorney?
No questions at this time, Mr. Chairman.
Questions or comments from the virtual audience?
I do not see any hands, Mr. Chair.
so um mi 2020 oh i'm sorry
amy board with the planning commission the comprehensive plan recommends no change in
zoning to the existing r1 residential multi-family at this location the property has a documented
history of four family the planning commission recommends that the board grant the requested
variance for four points units thank you mi2026-003-619-337 north front street i vote yes
proviso certificate of occupancy to be obtained michael johns my vote is yes with proviso
cheryl gaston my vote is yes with proviso ryan mcadams my vote is yes with proviso
i win my vote is yes with proviso thank you thank you all right number 10 mi 2026
003 482 54 16 rising sun avenue david brooks is the attorney
mr brooks
they'll be rejoining as a panel thank you
mr brooks yes hello how are you i'm i'm really good could you please state and spell your name
for the stenographer sir david d-a-v-i-d brooks b-r-o-o-k-s all right do you swear or affirm
to tell the truth the whole truth and nothing but the truth i do our board secretary has a
few questions for you, sir. Good afternoon. Did you submit your documents
and exhibits 14 days in advance of this hearing? Yes, with a caveat. I submitted the majority
of them. There was some confusion because I thought they had to submit them five days
before the hearing, so I submitted some additional documents within that five-day window. And
so with that caveat yes okay um and do you waive the reading of the refusal and stipulate to its
accuracy yes then you can share your screen and begin your presentation thank you okay
hold on mr brooks hold on one minute yeah our council has a few words um hello this is lynn
Huber Board Counsel. Attorney Brooks, I believe you got an email indicating that you're here
representing Algin Holdings Company as the attorney. You are not here as the actual owner
of Algin Holdings Company, correct? That's correct. Okay, I just wanted to make sure you understood
what your role was here so you can't adopt your own testimony. Yes, I understand that. Okay.
thank you and so i'm sorry go ahead no i'm done on that issue thank you
please start your presentation mr brooks
thank you mr chairman good afternoon mr chairman and zoning board members um
i'm here today on behalf of the algen holding company and algen was named after my father
Allen and my mother Geneva in 2015 Algen purchased 5416 rising
2015 Algen purchased 5416 Rising Sun Avenue and that deed is an exhibit
number one at page pages 17 to 20 there's a deed right there okay now
After purchasing 5416, Algen obtained a zoning permit as of right to operate a child care center.
And after minor interior and exterior renovations, Algen created a three key stone start center with a capacity for 14 children.
Unfortunately, the center was too large, did not achieve full capacity, and never recovered from the impact of 2020's COVID-19 epidemic.
It closed in September of 2024.
On October 31st of 2024, Algen applied for and was granted a zoning use permit number 24-2024-009684 as of right to create a 1,872 square foot sit-down restaurant in the front of the building.
After some renovations and investment in furniture and equipment, the restaurant was licensed in March 2026.
refreshing 5416 and creating the restaurant was the first step to ensure its survival
now i need to just move a bar here i can't see my oh there we go okay exhibit four
okay i want to show you some exterior photographs here and this is a picture of 5416
northwest view there's a front door here that is now an emergency exit from the restaurant and it
sits the building sits on the corner of rising sun and lima street on the side right here there is
that's the new main entrance into the building
now here's a picture of the 300 block of East Lima Street and the side south side of the building
and this block here is always usually empty of any cars or pedestrian traffic
here's a side view the south side view and the main entrance is to the right here
And this is an access ramp that was installed when the child care center was created.
Here you can see in this picture the beginning of the ramp right at the gate to the parking lot.
Again, another side view of the main entrance and the beginning of the access ramp.
Here's a close-up of the main entrance and a posting that was placed on September 5th.
This is the north side of the building.
This door right here is an emergency exit from the restaurant, another emergency exit from the restaurant.
And this is an artificial turf side patio.
This is a view from the side patio looking at Rising Sun Avenue.
and this is a gate that can be used in the case of an emergency to go exit on to the 5400 block
of rising sun avenue and this is a gate from that patio that exits to the parking lot now this is
the parking lot at the rear of the building as you can see it has three exit doors here
and those exit doors you'll see a little bit later on in the presentation are
on it those exit doors are coming from the proposed use of the room that I
proposed to use at an event assembly facility over here to the left you see
these trash containers they're off of this pad here because it would be in
clean and that's where trash will be contained or placed for the entire
building here's another view of the parking lot that shows more depth of it
now excuse me just give me a second here okay and taking the second step Algen
applied for zoning use permit to freshen a 3,000 square foot room at the rear of
5416 to use as a banquet hall and here's a picture of that room
med space was a union meeting hall for 54 years
and classrooms from 2015 to 2024.
classrooms from 2015 to 2024 this is a view of the proposed event assembly
facility I'm going to call it an event space from now on event space they're
showing the stage at the front facing Lyman Street this is a view and you can
see some of the exit doors to the parking lot showing the rear of the
proposed event space with some storage rooms in the back and by the way I made
all that tile on the floor when I created the children's center this is a
another view of the event space and this is the view of the expense that the
event space facing West going and you can see the exits the three exits that I