civus
Hearing video

ZBA Hearing - October 7, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 7, 20265h 59m

with the zoning district mandates the deed indicating ownership by mr mullen and his daughter

Similar wording

katie this is our notice letter that we've mailed to everyone every household with within 250 feet

Similar wording

of the subject property identifying the community meeting on September 17th as well as the meeting

Similar wording

today before the board. Certificate of mailing indicating 191 pieces of mail were distributed

Similar wording

to Myrtlewood Street, Hollywood Street, 29th Master Street, and some on Thompson Street.

Similar wording

That's the presentation Mr. Chairman and my client is here to adopt my testimony and will field any

Similar wording

questions yeah bring your client on mr mullen can you unmute yourself by raising your hand

Similar wording

mike that should be coming back in as a panel thank you

Similar wording

Mr. Mullen, if you're still in a virtual audience, please raise your hand.

Similar wording

Okay.

Similar wording

Mike, you have to unmute yourself. Raise your hand, please.

Similar wording

all right you know what i have him on my phone right here mike mike we're in the midst of the

Similar wording

zoning hearing and the chairman wants to uh square you in i can't hear you i can't get

Similar wording

i we're hard to hear him he can't get in mike uh henry yeah he said he can't get his microphone

Similar wording

working but he can hear you mr chairman okay um mike could you please state and spell your name for

Similar wording

Okay. Mike, could you please state and spell your name for the stenographer?

Similar wording

Michael Mullen, M-I-C-H-A-E-L-M-U-L-L-I-N.

Similar wording

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

Similar wording

I do.

Similar wording

Henry?

Similar wording

Mr. Mullen, were you on the call when I presented your project?

Similar wording

Yes, sir.

Similar wording

And did you hear my entire presentation?

Similar wording

yes sir and if you had the opportunity to testify would you adopt my testimony as your

Similar wording

own and as true and correct yes sir thank you mr mullen questions from the board

Similar wording

questions from our attorney no questions at this time questions from the virtual audience

Similar wording

do not see any further hands mr chair commission amy boy with the planning commission the

Similar wording

comprehensive plan recommends no change to the existing RSA 5 residential single

Similar wording

family zoning at this location the appellant has not demonstrated that

Similar wording

there are unique physical conditions or circumstances that would necessitate a

Similar wording

roof deck the requested deviation from the height requirements of the

Similar wording

that height requirements are de minimis the Planning Commission recommends that

Similar wording

the board deny the requested variance for roof deck and grant the requested

Similar wording

variance for height mi 2026 003 685 1254 north myrtle street i vote yes with proviso revised

Similar wording

plans two pages stamped by zba october 7th 2026 michael johns my vote is yes with proviso

Similar wording

Cheryl Gaston, my vote is yes, with Proviso.

Similar wording

Ryan McAdams, my vote is yes, with Proviso.

Similar wording

Tanya Wynn, my vote is yes, with Proviso.

Similar wording

Thank you, Mr. Clinton.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Is there anyone in the audience who his case has not been called from the 2 p.m. list?

Similar wording

I do not see any hands, Mr. Chair.

Similar wording

So I know there's a few people have to go to a working meeting after this.

Similar wording

Do you want to just move right on?

Similar wording

Okay.

Similar wording

So good afternoon, everyone.

Similar wording

my name is bill bergman i will be chairing the 3 30 meeting of the zoning board of adjustment with

Similar wording

me is our board secretary cheryl gaston present mr chairman board members michael johns present

Similar wording

mr chairman taiwan mr chairman ryan mcadams also here's our attorney lynn reuter uber

Similar wording

our executive director ian haggerty and our board administrator lakeisha dandy this hearing is being

Similar wording

recorded and will be posted on the zba website by participating you consent to be recorded

Similar wording

this is an in-person meeting with remote participation whether in person or on zoom

Similar wording

if you're called to speak please state and spell your name then wait to be sworn in after being

Similar wording

sworn in each time you testify start by stating your name to enter appearance indicate the pro

Similar wording

the property address on your zoom webinar speak with a staff member

Similar wording

call the zba office by the close of business tomorrow call 215-686-2429 and provide your name

Similar wording

your email and and the case address remote participation raise your virtual handwin

Similar wording

directed so that we call you to speak. Before speaking, make sure you click the join as a

Similar wording

panelist button. The Q&A is only for procedural questions, nothing to do with the individual cases.

Similar wording

If you're joining by phone, press star nine to raise your hand and star six to unmute.

Similar wording

Let's look at our schedule for this afternoon. Number one, MI 2026-002-395-2198.

Similar wording

Bennett Road. This case is continued until 3-3-27 at 3.30 p.m. Number two, MI 2026-002-461-101 East

Similar wording

Luzerne Street. This case is continued until 3-3-27 at 3.30 p.m.

Similar wording

we'll start with our cases number three mi 2026 002 381 1243 south a street roger perry is the

Similar wording

attorney i am here that's good i'm just seeing whether they have my video somewhere okay well

Similar wording

we hope you can find it well i'm okay i mean i'm up here

Similar wording

I mean, I'm up here. Normally, I have the video. It says at the bottom of the screen, but I don't see it.

Similar wording

normal

Similar wording

Well, Mr. Perry, why don't we do this? I have two other cases. I'll come back to you, okay?

Similar wording

No, there I am.

Similar wording

Okay, there you are. There you go.

Similar wording

Yeah, they had to hook me in.

Similar wording

Tell your name or the stenographer.

Similar wording

Thank you. My name is Roger Perry, P-E-R-R-Y. I'm the attorney for the appellant in this matter.

Similar wording

right do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do um mr perry could you identify your client a relationship to the property

Similar wording

yes my client is the owner on lee mr lee is a in the audience and can be

Similar wording

joined if he wishes sure and our board secretary has a few questions for you

Similar wording

good afternoon counsel did you submit your documents and exhibits 14 days in advance of

Similar wording

this hearing? Yes, all the documents have been submitted. Okay, and do you waive the reading of

Similar wording

the refusal and stipulate to us accuracy? Yes, we do. Then you can share your screen

Similar wording

and begin your presentation. Thank you. Okay, I wonder if I may share my screen.

Similar wording

oh yes sir i'm just looking to see

Similar wording

share screen yeah participant share there we are

Similar wording

okay can you see my screen yes sir okay uh may i start oh no i'm sorry i'm sorry but i'm sorry

Similar wording

I saw you is what I saw.

Similar wording

I don't see your screen.

Similar wording

I'm sorry.

Similar wording

Okay.

Similar wording

Let's see.

Similar wording

I see this.

Similar wording

Share screen.

Similar wording

System audio.

Similar wording

all right so council well here's what i'm going to do you trying to find your screen i'm going

Similar wording

to go into the next person i only have two other cases i'll be right back to you okay

Similar wording

thank you sure number four mi 2026 002 388 544 east gerard avenue attorney is eric carroll

Similar wording

mr chair this is jason handel be a ghost for the session eric carroll thank you

Similar wording

okay you can sit stay there and toy

Similar wording

you have to go back out

Similar wording

mr perry why don't you go out and come back in we'll call you

Similar wording

good afternoon mr chairman members of the board council could you please state and spell your

Similar wording

name for the stenographer yes eric carroll e-r-i-c-c-a-r-r-o-l-l and i are affirmed to

Similar wording

tell the truth the whole truth and nothing but the truth i do could you identify your client

Similar wording

a relationship to the property yes i represent keith rodimer he is the owner of impreso coffee

Similar wording

they're the applicant appellants in this matter and i see you have unanimous support from frankfurt

Similar wording

neighbors and non-opposition from council member squilla our board secretary has a few questions

Similar wording

sir uh good afternoon council did you submit your documents and exhibits 14 days in advance of this

Similar wording

hearing i did and do you waive the reading of the referral and stipulate to its accuracy

Similar wording

i do then you can share your screen and begin your presentation thank you thank you

Similar wording

okay we're here for 544 east gerrard avenue um which is a corner property in fishtown

Similar wording

It's at the southwest corner of Girard and Montgomery.

Similar wording

It's a three-story, 1,890-square-foot CMX2 building, two apartments on floors two and three.

Similar wording

My client rents the first-floor commercial space, and that business that he has in there is called Impresso Coffee.

Similar wording

Impresso Coffee is exactly what it sounds like, a coffee shop.

Similar wording

It opened in the summer of 2025.

Similar wording

At that time, my client obtained the food preparation and serving permits.

Similar wording

Several months later, at the end of the year in 2025, he realized that a new use permit was actually required.

Similar wording

So that's what brings us here today.

Similar wording

He applied for the use.

Similar wording

The Department of Licenses and Inspections issued this referral telling him that a special exception for his business is required in this.

Similar wording

Telling him that a special exception for his business is required in this North Delaware Avenue overlay district.

Similar wording

So, again, we're not here for a refusal, but a referral.

Similar wording

This is the building.

Similar wording

As you said, it's the corner of Montgomery and Girard.

Similar wording

My client is in the first floor.

Similar wording

This is the coffee shop as it looks today.

Similar wording

This is the entrance on Girard with some small advertising in the window to the right.

Similar wording

This is the view from Girard looking down Montgomery Avenue.

Similar wording

This is the same view from the opposite side of the end of the building on Montgomery.

Similar wording

This is the view from the corner looking down Girard Avenue.

Similar wording

Front door.

Similar wording

This is the inside.

Similar wording

It's a relatively small space.

Similar wording

There's no interior seating.

Similar wording

This is pretty much just an order your coffee, order your baked good or bagel, take it out kind of operation.

Similar wording

Counter in the front where the customers order.

Similar wording

There's a prep area in the back, as you can see.

Similar wording

There's to the left of this customer aisle, there's some coffee for sale, some other drinks in this refrigerator case.

Similar wording

This is coffee, you know, service area where you can add your milk and cream or whatever you like.

Similar wording

my client posted the notice of zoning appeal for today's hearing

Similar wording

this is the floor plan at the top here going from right to left the right side represents

Similar wording

the entrance on Jabbard Avenue and you can see the floor plan version of the same photos I just

Similar wording

showed you customer area the service station the prep area going all the way back and there's a

Similar wording

bathroom in the back for customers. There's also an entryway door along Montgomery Avenue.

Similar wording

And then if you go to the very back of the building, there's the staircase, which leads to

Similar wording

the second and third floors. And there is a rear yard. In the rear yard is where my client keeps

Similar wording

his trash cans. So what they do at the end of service or during the day as service necessitates

Similar wording

it, they will take the trash bags out from this Montgomery Avenue exit, walk it down Montgomery

Similar wording

avenue going into this rear area which is enclosed by a locked fence open the gate put it in the

Similar wording

trash cans currently they have trash pickup on tuesdays and fridays as well as a private compost

Similar wording

contract and that compost company comes every tuesday to pick that up that's that's meeting

Similar wording

the the trash service levels right now in the event they get busier and they need they need

Similar wording

increase they'll deal with it at that time

Similar wording

this is a mock-up of what the interior looks like just kind of a different

Similar wording

version of what you saw in the pictures

Similar wording

my additional documents that i provided were the least showing that

Similar wording

my client is the tennis tenant on the ground floor

Similar wording

approximately 500 square feet in that area

Similar wording

tax clearance certificate um we met with the fishtown neighbors back on june 2nd uh here's

Similar wording

a copy of the notice that was sent out along with the proof of mailing to all the affected neighbors

Similar wording

121 uh and this is the letter of support from mr ebert the chairman of the fishtown neighbors

Similar wording

association uh who took the the the meeting minutes their primary concerns as as often

Similar wording

is the case is the trash. They were satisfied with our explanation of how things are being handled.

Similar wording

Some of their other concerns were the handicapped accessibility. This is an old building,

Similar wording

but my client does have a ring for service ringer on the front. And if anyone that's unable to

Similar wording

access the step up into the service area, they can ring that doorbell. One of the baristas will

Similar wording

come out take their order and then bring it back out to them there was uh 46 votes in support and

Similar wording

zero votes in opposition so uh that concludes my presentation um i do have mr rotimer here um

Similar wording

bring your client on

Similar wording

keith could you please raise your hand

Similar wording

mr chair council that will be coming back in as a panel thank you very much you're welcome

Similar wording

hello i'm keith rodimer k-e-i-t-h-r-o-d-e-m-e-r do you swear or affirm to tell the truth the whole

Similar wording

truth and nothing but the truth i do counsel thank you mr rodimer you are the owner of impresso coffee

Similar wording

correct and did you hear my presentation to the board just now i did was everything i said

Similar wording

and did you hear my presentation to the board just now i did was everything i said truthful

Similar wording

and accurate yes if i were to call you to testify here today would you adopt my testimony as your

Similar wording

own yes questions from the board questions from our attorney no questions at this time

Similar wording

mr questions or comments from the virtual audience yes chair i have a hand up from uh

Similar wording

robert everett mr everett doesn't speak right now

Similar wording

mr everett just waiting to come on hi mr everett how are you sir i'm good uh please state your

Similar wording

name and spell for the stenographer yeah with apologies i can't get my camera on first name

Similar wording

is robert last name everett e-v-e-r-e-t-t do you swear we're referring to tell the truth the whole

Similar wording

truth and nothing but the truth i do please proceed mr everett i'll keep it short and sweet

Similar wording

this has been a long time coming everyone in the neighborhood really loves their store

Similar wording

their staff knows who i am because i'm in there almost every other day oh there you go there you

Similar wording

go so yes as usual thank you for always calling in we we appreciate your hard work anyone

Similar wording

else in the audience that's mr chair i have a hand up from a travis talbot i have allowed them to

Similar wording

speak sure hi i live a couple doors down and i'm a huge fan of this coffee shop everyone's friendly

Similar wording

hold up hold up could you please state and spell your name for the stenographer oh my name is

Similar wording

travis talbot and could you spell it please t-r-a-v-i-s-t-a-l-b-o-t you swear or affirm to

Similar wording

tell the truth the whole truth and nothing but the truth yes please proceed sir i i'm just a

Similar wording

community member here i live a couple doors down um it's a great coffee shop everyone's super

Similar wording

friendly i go there every other day and um it'd be uh sad not to have it around so just say my

Similar wording

two cents thank you so much for calling we appreciate it anyone else

Similar wording

no chair no further hands commission

Similar wording

i know i i she got to state her name good evening this is liz fuselay from the philadelphia city

Similar wording

planning commission you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do please proceed thank you the planning commission uh the comprehensive plan recommends

Similar wording

no change to the cmx2 commercial mixed use zoning of the parcel the appellant has shown

Similar wording

the proposed use will not cause detrimental impacts beyond what would reasonably be expected

Similar wording