ZBA Hearing - November 16, 2021

We did finally start corresponding within the last week or so, but still no date.

So I had asked if they would consent to me presenting the case and the board holding the vote.

And I also checked with Councilwoman Sanchez, and she agreed as well, only because if we postpone, of course, it will be three months until we have another date.

So with all agreeing, I was hoping that we could move forward with the hearing today.

So we'll proceed and we'll do a resumption hearing to get feedback from the RCO.

Perfect. Thank you.

So if I can proceed.

Should I proceed? Yes. Okay, thank you. So this case regards 5028

Frankfurt Avenue. It concerns a demolition of an existing building that was last used.

It concerns a demolition of an existing building that was last used as a 7-Eleven convenience store since 1999.

It closed in May of 2020.

What we're proposing to do is to construct a new commercial retail store,

having a Dunkin' Donuts and a vacant commercial space for Sonny Ho, who you may know as the Dunkin' Donuts king of Philadelphia.

Generally, the takeout use is permitted in the zoning district, which is CMX 3.

But also generally, we know that it has a drive-through and that drive-through sales

requires special exception approval from the board.

The property is depicted here.

It's located adjacent to the Area Health Frankfurt Hospital.

The lot is approximately 21,000 square feet.

Their sign is proposed with a pyrite, including reusing existing pylon and placing flat wall signs.

Again, the one-story building.

Go to the site plan here.

the left here is a proposed on good donuts the right is the tenant space which would probably

be a by right use um drive-through it's a new the new type of store that has been created

i guess with the pandemic age here it's a drive-through with walk-up only no indoor

seatings and also pre-order pickup by way of a by way of a you know a phone app

The police department has signed off on this different type of drive-through, which are two lanes that then converge into one.

The reason being that it would help prevent adverse impacts to street traffic and the like, considering the fact that this was a 24-hour convenience store.

this use is less intense anyway but these changes were made in order to um you know prevent any any

future adverse impacts from traffic to occur um you also have an enclosed trash storage area here

you just have to see in the upper left i mentioned about frankfurt nac that we're awaiting a date

for the meeting um and so you'll see that um based upon what you're going to hear that uh

the fact it was a 24-hour convenience store and this is a lesser use that this use would have

its drive-through use would have no adverse impacts on the public health safety offer on

traffic and we're also asking for a higher fence than is allowable to create a better separation

between the commercial and the residential uses so with that said if you could promote Sonny Ho

S-O-H-O, to confirm my presentation.

Sir, please identify yourself, spell your name, and I'll swear you in.

Hello.

Hi, please spell your name.

Yes, Sonny Ho, S-O-N-N-Y, last name Ho, H-O.

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

Yes, I do.

Thank you.

Mr. Patterson?

Hi, Sonny.

So you've heard my testimony.

Would you agree that it's true and accurate?

Yes, I do.

And you would agree to adopt it as if you were your own?

Yes.

And so a few questions.

This operates seven days a week, primarily right now from 5 a.m. to 9 p.m., is that correct?

Yes, correct.

And the number of employees, there's approximately eight employees per shift?

Yes.

Yes.

Okay.

and at this location you're not you're not actually cooking uh you're it's cooked off site

the food and you're you're reheating of course making coffee so there's no need for deep fryers

or venting of uh of uh smoke exhaust but you will have an exhaust that vents heat is that correct

that's correct okay um that's all i have for mr ho there's any questions

Do you have any indication when the RCA will be meeting?

I believe it might be a two-step process.

So I would say within, you know, I would hope within 30 days.

So what I'm asking is, I'm sure you want to wrap this up before the end of the year.

Yeah, yeah.

So I'm going to ask Tanya for a date.

We don't have any hearings the last week in December.

so uh what is the last date we have scheduled in december tanya and if so can we make that the date

for a resumption hearing only for information as it relates to the rco yeah unless

only for information as it relates to the RCO.

Yeah, unless we can do it by letter saying we met with the RCO,

we submit their letter and consent to it provided that we have the support.

Of course, if it's-

Mr. Patterson, they don't do that anymore.

They'll have to be presented at a hearing.

Sorry.

Okay.

I'm using the last possible date in December to give you enough space.

December 22nd at 3.30.

December 22nd at 3.30.

thank you okay so mi 2021-003-342-5028-34 frankfort avenue this hearing will be resumed

on december the 22nd at 3 30 tanya correct chair 3 30 p.m at which time the board will consider

any feedback from the rco okay thank you thank you uh i believe that concludes the uh hearings for

today uh have any as anyone fails or they've not been recognized please raise your hand

i see no handshare thank you any other further business

board tanya anyone all done as usual thank you again everyone and when i say thank you i want

the planning commission to understand that we're thanking you as well even though we may not always

agree thank you as well uh mr chair chair this is the corner i won't be on the call tomorrow so i