ZBA Hearing - April 28, 2026

since probably the 1990s. It was and is, in fact, used as a church, which due to low membership

at this point is looking for conversion of the building into something more useful and viable.

As the owner of the property, my client originally had thought about a daycare,

but decided ultimately that a restaurant at this location would better serve the community

meeting with the community they have also agreed that such a use would be

welcomed in that location what's interesting about the location is that while it's rsa3

three, it's neighboring properties on the one side are all commercial on the first floor.

it's neighboring properties on the one side are all commercial on the first floor with some

residential further down the block there are purely residential uses but across the street

it's also what is almost like a small shopping center so it is not out of character with what

is in the area and the use because of the way the building is situated and because the building is

commercial building would make the most sense as the best use for this property

so as the board can see it does have its own private driveway uh right now there's no

renovations done yet so it is still set up essentially with offices and uh bathrooms

and everything laid out in that format my client has not formally presented a plan of the restaurant

because he wanted to know that the restaurant use at this location would be possible before putting

into specific architectural designs. This being a one-story building, naturally any venting would

go out to the roof. The layout would probably change where the kitchen areas would be towards

the back area with the entrance and also dining areas in the front. This will be primarily a

family-style sit-down restaurant serving haitian-style food and again it has its own

driveway and some parking available so that uh as far as that impact it will be minimal to the

community so with that and with the community's support uh we asked the board's a favorable

consideration in a variance for this location uh for from its current use to a eating and drinking

establishment my client should be here to verify my testimony and i'm certainly happy to answer

any questions you say the current use is eating and drinking no no it's at the church oh okay

all right yes all right all right questions from the board um where would the trash be stored on

the um compound it has again a large uh back area that's fenced in so trash can be stored in its own

private dumpster area that could be put into the back area. Would that be enclosed? It would be

enclosed, yes. Okay, thank you. Are there any plans for on-site parking for patrons of the restaurant?

Yes, again, the church had some parking. You know, there's a driveway. There's actually,

the driveway goes all the way around, and then there's enough width actually to have some parking

spaces put in. It'll mostly be lined up along the side of the building, but yes, there are parking

availability even when it was used as a church when uh congregants came they were using the

driveway and parking in the back is the plan to get separate approval for the parking at a later

date yes because right now we they're not sure how the parking would be best laid out okay

about how many yes about how many seats do you think they would have in this restaurant

so the the restaurant space is rather large um however the the actual seating probably looking

at i would say based on the 4 000 square foot my client's probably looking at about 35 40 seats um

as a design operating hours uh so it will be operating based on what was discussed in the

community letter so it'll be from 11 a.m to 10 p.m from monday through saturday

and there'll be a takeout component with this as well it'll be primarily a family style sit-down

restaurant but yes there if people want to take out the food they would be permitted to yeah all

Okay. Thank you. Thank you. Questions or comments from our attorney?

Yes. Thank you for the answering the question about the parking, because this is an RSA 3, so it does require parking.

So it should have been noted on the refusal, but you'll you will be it sounds like addressing that later.

The other question I had is there's there's a simultaneous appeal for this property regarding a personal care home.

is that still being considered for this property as well no okay all right so then we just requested

that that be withdrawn um so absolutely off our docket thank you hilary the uh non-alcohol

that's not a proviso we can do no no all right we cannot regulate it by the by the state yep

questions or comments from the virtual audience i see no hands at this time chair planning commission

Addison Matera, Planning Commission staff.

The comprehensive plan recommends a change in zoning at this location from the current

the comprehensive plan recommends a change in zoning at this location from the current rsa3

RSA.

residential single family to cmx2 commercial mixed use the proposed use would be allowed by right

under the recommended zoning the planning commission recommends the board grant the

requested variance for sit-down restaurant mi2025-006-777-5236 rising sun avenue i vote yes

do we want to provide you the hours it's up to the board we can we can do that okay we're fine

thank you cheryl gaston my boot is yes tenetta graham my vote is yes tyo in my vote is yes

thank you thank you council number four all right

We're going to go to number four. MI 2025 004-976-3960 Parry Street.

Meredith Ferliger is the attorney. This is a resumptive hearing.

Meredith will be joining us as a panelist.

Thank you.

good morning my council could you please state your name and spell it for the sonographer

meredith ferlger f-e-r-l-e-g-e-r right um do you swear or affirm to tell the truth the whole truth

and nothing but the truth yes i do so council we're going to uh you will update us on um the

changes that you want to present there will be questions from the board there will be um

public testimony limited to what you say today and then planning will take a position okay

understood thank you uh good morning mr chairman members of the board as you know this is a

resumption hearing concerning 3960 parish street just to refresh your memory during the hearing in

January, following some of the board's questions and discussions. I believe we had just about

reached a reasonable compromise in terms of the request, and then we unfortunately ran out of

time. So I will be able to keep this quite short. I'm going to share the changes that have been made,

and then I'll defer to the board in terms of any other refreshers or reminders that are needed in

in terms of the hardships that we presented that are facing this property to justify grant

of the proposed relief.

So again, just to refresh your memory on this particular property, this property sits, let

me bring up the aerials, this property sits on Parrish Street just east of North 40th

Street.

The board heard and granted two other cases on this block recently, and there's now another

case pending on this exact same block to be heard in September. Although the property

immediately next door was heard and granted for six units, the other mid-block approvals

have been for three units, which I believe is also the case for the one that's pending

in September the proposal that was before the board on this case in January was for four units

but did receive some criticism from the board due to the layout so as a result the applicant

has now revised the project for triplex which will bring it in line with the approval for 3956

parish street which you can see see if I have a photo of that one right here which at this point

is probably close to nearing construction, and then also the one that is sought for 3954.

Just for reference, the original floor plans that were before the board in January are at

Exhibit 6, which requested one unit on each of the second and third floors,

and then there were two bi-level units proposed on the first and lower level.

Now, as revised, and you'll take note that another major difference here is that there's only going to be a partial excavation of a basement, so it's not even going to be a full basement level based on these changes.

So you can see that here.

So you'll see again that the rear portion of the property is no longer going to be excavated due to the slope.

And then the change in the design is to create a large two bedroom unit that will occupy the first floor with just a little bit of extra living space on that lower level as well.

The building itself has also been slightly redesigned.

has also been slightly redesigned.

you can see that the staircases

You can see that the staircase itself

has been now relocated based on these changes.

And our architect Logan Dry is on the line

and can answer any further questions

on these interior changes.

But again, the main change here is to eliminate

the two bi-level units on this first floor and basement.

And instead, it is now just one large 1,500 square foot unit on the first floor and a

portion of the lower level.

We did submit a revised plan proviso form and revised plans, again, only to reflect the

fact that it is a triplex and just to reflect the change in the grade of the property itself.

So again, as I mentioned, we believe that these changes directly respond to the board's

concerns from January and now also further align the project with a clear transition

of this block to multi-family, particularly the mid-block developments, which are at this

point now moving predominantly towards three family dwellings.

So again, we're happy to answer any additional questions on this or go through any of the

legal arguments that we presented in January.

questions from the board um was there any changes with the trash um storage and removal

um i don't believe i don't believe there have been any changes um can i have my client come on

they also own the property next door so he can address sure the trash storage we could look for

for Alex Mazendez.

Alex Mazendez will be promoted to panelists.

Thank you.

Hello?

Hi, could you please state your name and spell for the sonographer?

alexander mozens a-l-e-k-s-a-n-d-r-m-o-s-e-n-d-z do you swear or affirm to tell the truth told

truth nothing but the truth yes council thanks uh alex can you address board member graham's

question regarding trash storage and disposal and just talk about how that will work for this

property yes so we have a private area that's enclosed it has trash bins for each unit and

that will be through a private trash company that we have contracted with multiple properties in the

area other questions wait a minute and that storage is in the rear right not in the front

of the building it's in the rear of the building correct okay thank you other questions questions

from our attorney not at this time i share comments from the virtual audience i see no

hands at this time chair planning commission madison matera planning commission staff

comprehensive plan recommends no change to the rsa 5 residential single-family zoning at this

location the city rezoned this neighborhood in 2017 in accord with recommendations in the

comprehensive plan since the 2017 mount change the zoning board has approved two use variances

for multiple dwelling units on the south side of the 3900 block of parish street the remaining

lots are vacant the homes on the north side of the block face appear to be solidly single family

there is no unique physical condition or circumstance of the property that would

prevent it from being used in conformance with the zoning code the city planning commission

recommends that the board deny the proposed use variance for three dwelling units thank you mi

20 25 004 976 3960 Power Street I vote yes with proviso revised plans one page stamped by CBA

on April 28th 2026 and maximum three dwelling units Cheryl Gaston my vote is yes with proviso

Tynetta Graham my vote is yes with proviso Taya Nguyen my vote is yes with proviso

thank you counsel thank you all right number six mi 2025 006 149 3411 baring street paul

boney is the attorney and rachel pritzker also represents the owner and we also have

a city council here i'm not city our council not a city councilman all right i didn't promote

I haven't coached you yet.

Mr. Kelly, why don't you go first? Could you please state your name and spell for the stenographer?

Jim Kelly, K-E-L-L-Y, on behalf of the City.

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

I do.

Mr. Bonnie, take your time, sir. Good morning. Could you please state your name and spell for the stenographer?

Yes, my name is Paul Bonnie, B-O-N-I.

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

yes I do and I'm the counsel for the appellate yep counsel Pritzker

Rachel is coming in as a penalist thank you

good morning good morning could you please state your name and spell for the stenographer

yes rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r do you swear or affirm to tell the

truth the whole truth and nothing but the truth yes um so i believe the property owner will become

and tell me if i'm wrong property owner will be coming on rachel you're going to bring your

property owner on yeah i believe he's here okay and um and then we'll have cross of him and then

there'll be questions from the board and then closing statements is that right hillary yes and

miss prescript i believe there was legal arguments you wanted to put on the record that we didn't get

to last time is that correct yeah i just want to make sure that the law is actually on the record

okay so do you want to go first with that and then we'll bring your client on

is that okay paul well mr chair uh so i was planning to cross i do the property owner

and then I have a closing argument

that's less than 10 minutes

that's when I would address

Rachel you want to put your

legal issues on

as a comment

and then we'll bring your person on

Paul can go first

I think

but the issue is

so he finished his presentation

and Mr. Kelly brought on

the witness and made the comments

that he intended to make as i understand it correct so just you finish your presentation

um and bring on your your client and then he'll be cross-exam and then we'll be done with all

the presentations okay okay i'm going to share my screen all right what's your client's name jayden

chen okay why don't we bring mr chen one

hi mr chairman i'm here okay could you please state your name as bell for the stenographer

jayden chen j-a-y-d-e-n i think c-h-e-n all right do you swear or affirm to tell the truth

the whole truth and nothing but the truth i do rachel yeah sorry there's a lot of uh

okay so i just want to go through um make this larger

okay so um this is for 3411 bearing street and obviously as the board knows this appeal against

lni for this property um this has been a long-standing four-unit residential use

i know that the appellant is claiming it was abandoned but this claim fails

as a matter of philadelphia zoning code as well as binding pennsylvania case law that requires

both actual cessation, stopping of the use, and actual intent to abandon. I think it's really

important that we focus on the law here. And while I appreciate a lot of the neighbors' testimony

from the last couple hearings, none of these neighbors are experts in land use, land development.

None of them are attorneys. None of them are experts in constitutional law. And so I think

while i understand some of the desires around this property the board has to vote and focus on

the law that's here um this property has been a long-standing four-unit multi-family dwelling

since at least the 1960s per the city's records it was purchased by the current owner my client

jaden chen as of may 19 2025 and was issued the permit that's subject to this appeal uh prior