is that which is i'm trying to understand yes on samson on samson street correct correct yeah so
although the the the main sort of thoroughfare is 52nd and chestnut your actual front entrance
to the supermarket is on sansom street which is like a back street sort of correct correct yes
yeah and that's why what we did was we added glazing on both sides um so it is um
it it looks and so gotcha so so the pedestrian yeah oh yeah and so the pedestrian so the
pedestrian walkway go back to your plan again i'm just trying to understand this thing yeah so if
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.
Where are you?
It kind of goes through the site, right?
Where are you right now?
Where I put their line, right?
But that's really the back of the building.
So you can't enter from this side at all, you're saying.
Correct.
Oh, wow.
That's messed up.
that is that's that's that's kind of it's kind of messed up because it makes that whole side
that fronts on chestnut street that sort of back end of the the building yeah so um and the other
question was did you ever consider going up i've gone to a number of mcdonald's and other cities
where they they're they kind of are more urban and and and and have more than one story seems
it seems a waste of space to some degree did was that i mean you worked on it for a long time was
that ever ever a consideration um to be honest with you it's a two-story building is not it's
not something that's that's good for mcdonald's it typically it's not good for operations or for
your the customers um so we don't typically do two-story buildings that's a last i don't say
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
so no we never approached this from a two-story perspective gotcha real quick question so
i noticed on the road enormous tractor trailers for mcdonald's well how do you handle that there
uh we we did have a truck turn um exhibit done uh with our tomorrow as our service i i think justin
you so I can touch on that the accesses are maintaining exactly in the same location as
they currently are today right here on on 52nd and on on chestnut that truck is making the same
turn into the site through through uh from 52nd and and we've we've run a truck showing that it
can make that turn in and around the site and exiting onto chestnut as it does okay I you know
I think in summary here, the challenge that we, yeah.
Why don't you wait to see if anybody else has a question?
I just wanted to miss you.
Do you have a question?
So just the last comment, I would say,
I would encourage you all as you move forward,
if you are granted, I guess if you're not granted,
because you've still got the site,
to reach out to the Enterprise Center, CDC.
They are the corridor manager for 52nd Street,
which is different than the RCO,
because I think they might be able to work with you all
around tactical urbanism opportunities and things that like there's a lot of city programs that
might address some of the things and with funding outside of uh the site yeah mcdonald's does a
tremendous amount in the community yeah no i was just gonna i was gonna say hey the challenge here
is you know the code says that we're supposed to that that you know they're required to be up on
justin street on 52nd we have usually that's one primary frontage um but city planning said we had
two primary frontages so we had to do it on both sides and we we know if that's the if that's where
the restaurant has to be then the drive-through has to be basically where it is now and that's
really ultimately this this conundrum this hardship that we faced here is the drive-through if it's
going to be where it is now. It just, it just doesn't work. And it hasn't worked for many
years. And we tried to put a bandaid on it. But, you know, we're now at a point where
we, we looked at this over and over. And, you know, we made all these other changes
and we're trying to balance between the pedestrian between between the vehicles between the drive
through this is a major thoroughfare. There was a tremendous, you know, there are people
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
and chestnut we've been here in multiple locations where it's an inline store and we understand
but this is a this is a this is a different location it's a it's really a hybrid location
but this is a this is a this is a different location it's a it's really a hybrid location
between
between the community but also um you know a history of vehicular here and um we we did
everything we could do the community you know acknowledged that we really did everything we
can do here and um i think at the end of the day if it is approved um with the landscaping um this
is going to be looked at as a really a vote of confidence in the community so and i think it'll
looked at as a very very positive development and that the the variance that was granted and the
relief um you know i think this is a an exceptional exceptional situation here um there aren't a lot
of other situations on 52nd street so i know the precedent issue you you raised i get it
i get it here but we know what we know what diazza right looks like and it just isn't good
okay questions from our attorney um when i mentioned earlier about the amended refusal
that's only with regard to number 10 which you don't know number 10 it's the actual building
itself not to the signs excuse me remember i mentioned that you need to get amended refusal
that's just to the building with regard to the drive-through you have two appeals i just want
you to know not to design one and again i make sure i didn't think we needed an amended refusal
because there there isn't there isn't a requirement that we have any that we have any um parking here
we we're providing parking yeah we're going to do it that's fine that's fine that's fine
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
explained you know the need for this such a sign comments from the virtual audience
i see no hands planning commission good afternoon liz fusely on behalf of the philadelphia planning
commission this property was remapped in 2022 to cmx 2.5 or neighborhood commercial mixed use
to promote pedestrian friendly mixed-use development within the toc or transit oriented
communities overlay of the 52nd station area code section 14-513 toc or transit oriented communities
overlay district prohibits drive-throughs due to potential pedestrian conflicts and the pedestrian
nature of the corridor and other desired land uses the appellant has not demonstrated that
there are unique physical circumstances or conditions that would prevent the property
from being used in conformance with the zoning code.
The Planning Commission recommends the board deny the requested variance for the building's setback.
So I think you're going to have to get an amendment, right?
So give me a timeline.
We can do either next week or the next week after.
We have a lot of stuff for the next week.
Why don't we do the next week?
That would be the 14th.
the 14th okay um and i'm going to close it except if you guys come back and say we want to do
something else you've heard a lot of stories today right right well we it's closed except
for the amended refusal yeah right but when i'm the point i'm making is they can come back and
say i want to reopen it and take a look you're saying if there was some additional right there
was something that you heard today you think you have to do then i think you've got to come back
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.
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.
yes thank you chair time and consideration thank you all right and for the amended refusal correct
chair yes correct all right so i'm going to move on and chair i'm sorry to interrupt pardon i'm
sorry to interrupt again uh we have a portuguese interpreter on the line uh for case number three
on the 3 30 p.m list 6058 castor avenue um could you please uh briefly call that case and dispose
of it um so we can get that interpreter in and out okay thank you mi2025-007-961-6058 castor avenue
Is the interpreter present?
Yes, Chair.
Yes, Chair. The interpreter is Giovanna Braga, and she's just been promoted.
The interpreter is Giovanna.
Good afternoon. Can you hear me?
Yes, I can. Could you please state and spell your name for the stenographer?
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.
right do you swear or affirm that you intend you will interpret accurately um completely and then
partially from Portuguese to English and from English to Portuguese I swear okay so we're on
number three and i'd like to call um qb r a pennsylvania corporation qb r link and the name is um
s o b e y d a v e l e z could you please call that person for me
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
I don't see anyone with that name chair okay so
So MI 2025-007-961-6058, Caster Avenue.
This is the second listing.
We have no exhibits.
I vote to dismiss.
Michael Johns, my vote is to dismiss.
Cheryl Gaston, my vote is to dismiss.
Tanetta Graham, my vote is to dismiss.
Ryan Gadams, my vote is to dismiss.
Tia Nguyen, my vote is to dismiss.
Layla Beebe, my vote is to dismiss.
All right, so number 12.
and share if we could just have that uh disposition interpreted by the interpreter
and then we can move on to the rest of the cases on the two pm all right interpreter
thank you interpreter thank you very much thank you have a great day all right you too
Number 12, MI 2026-003-248-1225-29, North 7th Street.
Rachel Pritzker is the attorney.
Rachel Pritzker is coming in now.
Good evening.
I think we got the Rachel correct this time.
Yeah, thank you.
Please state your name and spell for the stenographer.
It's Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.
You swear a firm to tell the truth, the whole truth, nothing but the truth?
Did you identify your client, a relationship to the property?
Yeah, so my client is Craig Deutsch and Rustin Oler on behalf of 7th Street Properties East LLC.
They are the owner of the property.
Vice Chair has a few questions.
Good afternoon.
Good evening.
Have you submitted your documents?
and exhibits 14 days in advance of this hearing yes do you waive the veto of your refusal and
stipulate to its accuracy yes okay thank you you can show your screen and proceed with your case
thank you you have a letter of support from the popular community organization yes
okay so can you see my screen we can okay
okay so here is the refusal this is for 12 25 to 29 north 7th street this is the proposal
for all uses permitted in cmx2 in in the existing first floor and basement commercial space
We have one use refusal, the property is zoned RM1, and so we have a use refusal for use
of all uses permitted in CMX2, which is not permitted in RM1.
It's worth noting that, and I'll go through this a little bit, that the current setup
is as a commercial space.
the property was previously zoned up until 2017 as cmx2 and then was changed to rm1 but it is
a complete commercial space that has been used for commercial this is just a quick guide and
we have the chart for all the commercial uses, the RCO and
um for all the commercial uses um the rco and uh and us agreed on one proviso which i'll i'll go
through that we have no issues with just our application project information form
tax clearance deed for the property okay here's the zoning chart or sorry the zoning maps
for the property. This is a single refusal for 1225 to 29. There was a consolidation of these
lots that occurred. And again, the only use refusal relates to the fact that we
are proposing to continue the commercial space, but open it up to other commercial
options in RM1. Aerial views. This is an aerial view of the building.
Front view, so you can see the commercial space.
Just showing some of the visuals of the property and sort of the unique physical characteristics
of this existing building.
Also, just showing the zoning posters, they were posted on both sides of the property.
Again, it was the current, I guess it was the former current home of Harman-Deutsch
Architecture that used the first floor and basement for architectural offices.
some interior photos of the site the property again was originally built I think around 2017
the lots were consolidated and vacant lot and a three-story building was built under permit
number 780911 approving the building with offices on part of part of the first floor
a basement and there's 15 units and nine bike spaces as well both permits prior permits show
that the site was on cmx2 at the time and so this was built uh based on the city approval
the site was then down zoned to rm1 which obviously kept the existing non-conforming
use but now the space is just limited to office use and so the hardship was not created by
the owners. It was created by a down zoning of an existing CMX2 property that had been
long-standing since 2017. Again, some interior photos, beautiful space.
Given the down zoning to RM1, the only use that can be had is office space, which makes it a
bit hard on north 7th street getting different tenants that might be a good fit for this location
so you well know rm1 is a residential multi-family one so it doesn't allow for
commercial services almost all these categories are no and uses like that are approved here like
a community garden or a market or community supported farm just are not reasonable for
this location. We met with the RCO on Thursday, July 9th, and as mentioned, we have a letter of
support from them. We sent out all the mailers to the neighbors and got a letter of support
from them with a Proviso no-smoke vape or cigar store, which we are fine with.
Just shows the vote sheet, 6 in support of the 7 attendees and a near neighbor, 18 total
attendees.