civus
Hearing video

ZBA Hearing - September 30, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 30, 20266h 10m

is that which is i'm trying to understand yes on samson on samson street correct correct yeah so

Similar wording

although the the the main sort of thoroughfare is 52nd and chestnut your actual front entrance

Similar wording

to the supermarket is on sansom street which is like a back street sort of correct correct yes

Similar wording

yeah and that's why what we did was we added glazing on both sides um so it is um

Similar wording

it it looks and so gotcha so so the pedestrian yeah oh yeah and so the pedestrian so the

Similar wording

pedestrian walkway go back to your plan again i'm just trying to understand this thing yeah so if

Similar wording

If you're on the corner and you're walking, so you have to walk across the traffic, go to, so you've got this walkway that's here.

Similar wording

Where are you?

Similar wording

It kind of goes through the site, right?

Similar wording

Where are you right now?

Similar wording

Where I put their line, right?

Similar wording

But that's really the back of the building.

Similar wording

So you can't enter from this side at all, you're saying.

Similar wording

Correct.

Similar wording

Yes.

Similar wording

Oh, wow.

Similar wording

That's messed up.

Similar wording

Yeah.

Similar wording

that is that's that's that's kind of it's kind of messed up because it makes that whole side

Similar wording

that fronts on chestnut street that sort of back end of the the building yeah so um and the other

Similar wording

question was did you ever consider going up i've gone to a number of mcdonald's and other cities

Similar wording

where they they're they kind of are more urban and and and and have more than one story seems

Similar wording

it seems a waste of space to some degree did was that i mean you worked on it for a long time was

Similar wording

that ever ever a consideration um to be honest with you it's a two-story building is not it's

Similar wording

not something that's that's good for mcdonald's it typically it's not good for operations or for

Similar wording

your the customers um so we don't typically do two-story buildings that's a last i don't say

Similar wording

it's it's like a last resort but it kind of is um i i know we have a few but it is it isn't common

Similar wording

so no we never approached this from a two-story perspective gotcha real quick question so

Similar wording

i noticed on the road enormous tractor trailers for mcdonald's well how do you handle that there

Similar wording

uh we we did have a truck turn um exhibit done uh with our tomorrow as our service i i think justin

Similar wording

you so I can touch on that the accesses are maintaining exactly in the same location as

Similar wording

they currently are today right here on on 52nd and on on chestnut that truck is making the same

Similar wording

turn into the site through through uh from 52nd and and we've we've run a truck showing that it

Similar wording

can make that turn in and around the site and exiting onto chestnut as it does okay I you know

Similar wording

I think in summary here, the challenge that we, yeah.

Similar wording

Why don't you wait to see if anybody else has a question?

Similar wording

I just wanted to miss you.

Similar wording

Do you have a question?

Similar wording

So just the last comment, I would say,

Similar wording

I would encourage you all as you move forward,

Similar wording

if you are granted, I guess if you're not granted,

Similar wording

because you've still got the site,

Similar wording

to reach out to the Enterprise Center, CDC.

Similar wording

They are the corridor manager for 52nd Street,

Similar wording

which is different than the RCO,

Similar wording

because I think they might be able to work with you all

Similar wording

around tactical urbanism opportunities and things that like there's a lot of city programs that

Similar wording

might address some of the things and with funding outside of uh the site yeah mcdonald's does a

Similar wording

tremendous amount in the community yeah no i was just gonna i was gonna say hey the challenge here

Similar wording

is you know the code says that we're supposed to that that you know they're required to be up on

Similar wording

justin street on 52nd we have usually that's one primary frontage um but city planning said we had

Similar wording

two primary frontages so we had to do it on both sides and we we know if that's the if that's where

Similar wording

the restaurant has to be then the drive-through has to be basically where it is now and that's

Similar wording

really ultimately this this conundrum this hardship that we faced here is the drive-through if it's

Similar wording

going to be where it is now. It just, it just doesn't work. And it hasn't worked for many

Similar wording

years. And we tried to put a bandaid on it. But, you know, we're now at a point where

Similar wording

we, we looked at this over and over. And, you know, we made all these other changes

Similar wording

and we're trying to balance between the pedestrian between between the vehicles between the drive

Similar wording

through this is a major thoroughfare. There was a tremendous, you know, there are people

Similar wording

coming in and out uh all all all day and um so it's it's not you know where i was here on 16th

Similar wording

and chestnut we've been here in multiple locations where it's an inline store and we understand

Similar wording

but this is a this is a this is a different location it's a it's really a hybrid location

Similar wording

but this is a this is a this is a different location it's a it's really a hybrid location

Similar wording

between

Similar wording

between the community but also um you know a history of vehicular here and um we we did

Similar wording

everything we could do the community you know acknowledged that we really did everything we

Similar wording

can do here and um i think at the end of the day if it is approved um with the landscaping um this

Similar wording

is going to be looked at as a really a vote of confidence in the community so and i think it'll

Similar wording

looked at as a very very positive development and that the the variance that was granted and the

Similar wording

relief um you know i think this is a an exceptional exceptional situation here um there aren't a lot

Similar wording

of other situations on 52nd street so i know the precedent issue you you raised i get it

Similar wording

i get it here but we know what we know what diazza right looks like and it just isn't good

Similar wording

okay questions from our attorney um when i mentioned earlier about the amended refusal

Similar wording

that's only with regard to number 10 which you don't know number 10 it's the actual building

Similar wording

itself not to the signs excuse me remember i mentioned that you need to get amended refusal

Similar wording

that's just to the building with regard to the drive-through you have two appeals i just want

Similar wording

you to know not to design one and again i make sure i didn't think we needed an amended refusal

Similar wording

because there there isn't there isn't a requirement that we have any that we have any um parking here

Similar wording

we we're providing parking yeah we're going to do it that's fine that's fine that's fine

Similar wording

it's funny to know it was to them yeah it's not it's not it's not to the signs and i think we

Similar wording

explained you know the need for this such a sign comments from the virtual audience

Similar wording

i see no hands planning commission good afternoon liz fusely on behalf of the philadelphia planning

Similar wording

commission this property was remapped in 2022 to cmx 2.5 or neighborhood commercial mixed use

Similar wording

to promote pedestrian friendly mixed-use development within the toc or transit oriented

Similar wording

communities overlay of the 52nd station area code section 14-513 toc or transit oriented communities

Similar wording

overlay district prohibits drive-throughs due to potential pedestrian conflicts and the pedestrian

Similar wording

nature of the corridor and other desired land uses the appellant has not demonstrated that

Similar wording

there are unique physical circumstances or conditions that would prevent the property

Similar wording

from being used in conformance with the zoning code.

Similar wording

The Planning Commission recommends the board deny the requested variance for the building's setback.

Similar wording

So I think you're going to have to get an amendment, right?

Similar wording

So give me a timeline.

Similar wording

We can do either next week or the next week after.

Similar wording

We have a lot of stuff for the next week.

Similar wording

Why don't we do the next week?

Similar wording

That would be the 14th.

Similar wording

the 14th okay um and i'm going to close it except if you guys come back and say we want to do

Similar wording

something else you've heard a lot of stories today right right well we it's closed except

Similar wording

for the amended refusal yeah right but when i'm the point i'm making is they can come back and

Similar wording

say i want to reopen it and take a look you're saying if there was some additional right there

Similar wording

was something that you heard today you think you have to do then i think you've got to come back

Similar wording

I can say one in Rio for another hearing, for another, for another hearing or for closed, except for the amended refusal. And we'll do that on the 14th. If we don't hear. Okay. All right. Thank you. Excuse me. Um, Miss Wim, can you, if you don't mind, you just please tell me that, um, organization that you recommended. Yeah. The enterprise center, CDC, they're going to be your, your coordinated CDC, and they're going to be the manager of the, um, corridor. You want to talk to the corridor manager. Yeah.

Similar wording

Thank you. Thank you. Thank you. Mr. chair. I'm part of the interruption. This is Ian. Was that held disposition for both cases? Then, uh, number 10 and number 11, both foreclosed, right? I think he made his presentation for the second one, but, but still both foreclosed. Yeah. Other than if we hear from him on either one that he wants to be open.

Similar wording

Okay.

Similar wording

yes thank you chair time and consideration thank you all right and for the amended refusal correct

Similar wording

chair yes correct all right so i'm going to move on and chair i'm sorry to interrupt pardon i'm

Similar wording

sorry to interrupt again uh we have a portuguese interpreter on the line uh for case number three

Similar wording

on the 3 30 p.m list 6058 castor avenue um could you please uh briefly call that case and dispose

Similar wording

of it um so we can get that interpreter in and out okay thank you mi2025-007-961-6058 castor avenue

Similar wording

Is the interpreter present?

Similar wording

Yes, Chair.

Similar wording

Yes, Chair. The interpreter is Giovanna Braga, and she's just been promoted.

Similar wording

The interpreter is Giovanna.

Similar wording

Sure.

Similar wording

Good afternoon. Can you hear me?

Similar wording

Yes, I can. Could you please state and spell your name for the stenographer?

Similar wording

Of course. My name is Giovanna. It's spelled G-I-O-V-A, double N as in L-C-A. I will be the Portuguese interpreter.

Similar wording

right do you swear or affirm that you intend you will interpret accurately um completely and then

Similar wording

partially from Portuguese to English and from English to Portuguese I swear okay so we're on

Similar wording

number three and i'd like to call um qb r a pennsylvania corporation qb r link and the name is um

Similar wording

s o b e y d a v e l e z could you please call that person for me

Similar wording

I'm sorry can you repeat the spelling so that the name is first name is s-o-b-e-y-d-a and v-e-l-e-z

Similar wording

I don't see anyone with that name chair okay so

Similar wording

So MI 2025-007-961-6058, Caster Avenue.

Similar wording

This is the second listing.

Similar wording

We have no exhibits.

Similar wording

I vote to dismiss.

Similar wording

Michael Johns, my vote is to dismiss.

Similar wording

Cheryl Gaston, my vote is to dismiss.

Similar wording

Tanetta Graham, my vote is to dismiss.

Similar wording

Ryan Gadams, my vote is to dismiss.

Similar wording

Tia Nguyen, my vote is to dismiss.

Similar wording

Layla Beebe, my vote is to dismiss.

Similar wording

All right, so number 12.

Similar wording

and share if we could just have that uh disposition interpreted by the interpreter

Similar wording

and then we can move on to the rest of the cases on the two pm all right interpreter

Similar wording

thank you interpreter thank you very much thank you have a great day all right you too

Similar wording

Number 12, MI 2026-003-248-1225-29, North 7th Street.

Similar wording

Rachel Pritzker is the attorney.

Similar wording

Rachel Pritzker is coming in now.

Similar wording

Okay.

Similar wording

Good evening.

Similar wording

I think we got the Rachel correct this time.

Similar wording

Yeah, thank you.

Similar wording

Please state your name and spell for the stenographer.

Similar wording

It's Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

Similar wording

You swear a firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes.

Similar wording

Did you identify your client, a relationship to the property?

Similar wording

Yeah, so my client is Craig Deutsch and Rustin Oler on behalf of 7th Street Properties East LLC.

Similar wording

They are the owner of the property.

Similar wording

Vice Chair has a few questions.

Similar wording

Good afternoon.

Similar wording

Good evening.

Similar wording

Have you submitted your documents?

Similar wording

and exhibits 14 days in advance of this hearing yes do you waive the veto of your refusal and

Similar wording

stipulate to its accuracy yes okay thank you you can show your screen and proceed with your case

Similar wording

thank you you have a letter of support from the popular community organization yes

Similar wording

okay so can you see my screen we can okay

Similar wording

okay so here is the refusal this is for 12 25 to 29 north 7th street this is the proposal

Similar wording

for all uses permitted in cmx2 in in the existing first floor and basement commercial space

Similar wording

We have one use refusal, the property is zoned RM1, and so we have a use refusal for use

Similar wording

of all uses permitted in CMX2, which is not permitted in RM1.

Similar wording

It's worth noting that, and I'll go through this a little bit, that the current setup

Similar wording

is as a commercial space.

Similar wording

the property was previously zoned up until 2017 as cmx2 and then was changed to rm1 but it is

Similar wording

a complete commercial space that has been used for commercial this is just a quick guide and

Similar wording

we have the chart for all the commercial uses, the RCO and

Similar wording

um for all the commercial uses um the rco and uh and us agreed on one proviso which i'll i'll go

Similar wording

through that we have no issues with just our application project information form

Similar wording

tax clearance deed for the property okay here's the zoning chart or sorry the zoning maps

Similar wording

for the property. This is a single refusal for 1225 to 29. There was a consolidation of these

Similar wording

lots that occurred. And again, the only use refusal relates to the fact that we

Similar wording

are proposing to continue the commercial space, but open it up to other commercial

Similar wording

options in RM1. Aerial views. This is an aerial view of the building.

Similar wording

Front view, so you can see the commercial space.

Similar wording

Just showing some of the visuals of the property and sort of the unique physical characteristics

Similar wording

of this existing building.

Similar wording

Also, just showing the zoning posters, they were posted on both sides of the property.

Similar wording

Again, it was the current, I guess it was the former current home of Harman-Deutsch

Similar wording

Architecture that used the first floor and basement for architectural offices.

Similar wording

some interior photos of the site the property again was originally built I think around 2017

Similar wording

the lots were consolidated and vacant lot and a three-story building was built under permit

Similar wording

number 780911 approving the building with offices on part of part of the first floor

Similar wording

a basement and there's 15 units and nine bike spaces as well both permits prior permits show

Similar wording

that the site was on cmx2 at the time and so this was built uh based on the city approval

Similar wording

the site was then down zoned to rm1 which obviously kept the existing non-conforming

Similar wording

use but now the space is just limited to office use and so the hardship was not created by

Similar wording

the owners. It was created by a down zoning of an existing CMX2 property that had been

Similar wording

long-standing since 2017. Again, some interior photos, beautiful space.

Similar wording

Given the down zoning to RM1, the only use that can be had is office space, which makes it a

Similar wording

bit hard on north 7th street getting different tenants that might be a good fit for this location

Similar wording

so you well know rm1 is a residential multi-family one so it doesn't allow for

Similar wording

commercial services almost all these categories are no and uses like that are approved here like

Similar wording

a community garden or a market or community supported farm just are not reasonable for

Similar wording

this location. We met with the RCO on Thursday, July 9th, and as mentioned, we have a letter of

Similar wording

support from them. We sent out all the mailers to the neighbors and got a letter of support

Similar wording

from them with a Proviso no-smoke vape or cigar store, which we are fine with.

Similar wording

Just shows the vote sheet, 6 in support of the 7 attendees and a near neighbor, 18 total

Similar wording

attendees.

Similar wording