And, and, and again, my recollection, albeit discussing several of the concerns with what generally plagues bars and restaurants is the crowds and so forth, not the nature of the business necessarily.
We were very, very attentive to those concerns and spoke well about those needs and what we can do with the neighborhood.
And again, we left there with a different feel than what that letter apparently says.
And we still see him?
Yes, Chair, although it doesn't seem like he's able to get his audio set.
get his audio set he looks like he's trying to make he's trying to call into the meeting on his phone
It looks like he's trying to call into the meeting on his phone.
okay good
Okay, still trying to get in, Ian?
He's nodding his head, yes.
Okay, all right.
Okay. So I think we're going to call an end to this. But what I want to do is I, you know, I see there's what the RCO had to say. They're against it. Right. I just want to meet with the board and have a conversation with them about it. Yes. And I will vote on this next. Oh, good. I'm sorry. I'm sorry. I know. Go ahead. Go ahead. Planning Commission wants to say something.
good evening liz fusely on behalf of the philadelphia planning commission
the comprehensive plan recommends no change in zoning at this location from the
current cmx2 neighborhood commercial mixed use
the appellant has not shown their unique physical
There's somebody on. Let's let's do that first. Peter. Yes. Could you please. I'm so sorry. No, it's fine. Could you please state and spell your name for the stenographer?
Yes, it is Peter Forstay, P-E-T-E-R-F-O-R-S-H-T-A-Y. Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I do. Peter, are you a neighbor? I am.
okay please proceed okay thank you all could you give i've lived in wissanoming
yes i've lived in the wissanoming neighborhood for 15 years i'm pastor of word of grace church
in wissanoming and i've served on the board of the wissanoming civic association
for about as long i'm calling uh to ask that you would deny this variance as a pastor and neighbor
I see children walking to and from school past this business, mothers walking their babies as
patrons walk in and out, and past security guards carrying assault-style firearms. At our September
29th civic meeting, with about 50 people present, residents raised concerns and issues of trash,
loud music, patron conduct, and double parking on Toursdale, Higby, and Van Dyke. The city
describes this request as an expansion of the adult cabaret, a regulated use, to the second
floor. Past approvals were for the first floor, where the second floor was approved only as an
apartment, as stated in the testimony. L&I still has open violations because that floor is already
being used without a use permit or certificate of occupation. Any hardship here was created by
the applicant. I recognize that the 2011 Court of Common Pleas reversal reversed the decision
of the zoning board to deny their extension of the cabaret license back in 2010. Even so,
code 14-603-13 still bars regulated use within a thousand feet of another regulated use.
Delia's gun store is within that area.
It is regulated use and well inside the stated distance within the code.
And this site is already within 500 feet of the residential district and a church.
Expanding the cabaret to the second floor would only deepen the conflict the code still prohibits.
The applicant has shown no hardship unique to the property.
So I ask that you would please deny the variance and keep the use to the first floor room.
Thank you.
All right.
Counsel, do you have any questions for Peter?
No questions for Peter.
I would like to rebut some of the comments, but yes.
Peter, thank you.
Is there anyone else in the audience?
Thank you.
I see no hands, Chair.
Let him comment, then she'll go, okay?
Go ahead.
So to the point of trash and noise, again, those are factors that were discussed at the
neighborhood meeting.
This bar has not been cited by the police for any of those matters.
I am looking at the ATLAS violations, and the use is a violation in part of why we're here, because that new use.
I am looking at the Atlas violations and the use.
And then I am indicating that there are, as of October 6th, so long after this application was filed, the other violations relate to that fire certification that needs to be confirmed once the upstairs is approved.
Now, to the extent that this is an application to extend that adult cabaret use, again, we are indicating that it is strictly for the business portion of that, to the extent that if there is a proviso that says no business services provided other than on the first floor, that this be just for the ancillary use of staff only, that is what we are seeking here.
As far as double parking and that sort of thing, again, we believe some of that is due
to the neighboring store, but to the extent that it's patrons of our business, Ms. Greer
has indicated to the neighborhood that she will do everything in her control to have
patrons not park in places they shouldn't.
As for her staff and security, I am not aware of any open carry, but her security is staffed
a company that is licensed. So I can understand the concern with people walking by, but the fact
that it is a bar and operates in the evening, I don't necessarily think it would be during school
hours. And I recognize that neighborhoods aren't always a fan of bars in their location. But again,
we're here strictly for that second floor and in order to operate the business properly.
and the configuration of the property does not currently promote an apartment on the second
floor as you can see from here the only entrance to that second floor without coming into the first
floor would be through the rear of the building it's not really set up for that nor has it been
for the last 15 years are there daytime hours um 5 p.m to 2 a.m oh that's out okay every day yes
Monday through Sunday.
Right.
And the locker room, what is that used for?
Employees, so it's entertainment, so they usually change into their outfits,
stuff like that, like sneakers.
They got to make sure they got the proper attire.
So they just go upstairs and change, and then they just keep everything in the locker room.
So the dancers who are part of the adult cabaret use the locker room?
Yes, they do use the locker room, but my dancers, I barely have dancers there.
The what?
I barely have dancers.
They come like Friday, Saturday, so they're not there every day of the week.
They only there like, you know, as requested, like say if it's a birthday party or can we have dancers.
I get a lot of requests, can we have dancers, but I don't usually, I don't promote dancers.
Thank you.
Planning Commissioner.
good evening liz fuselay on behalf of the philadelphia planning commission
the concept comprehensive plan recommends no change in zoning at this location
from the current cmx2 neighborhood commercial mixed use the appellant has not shown there
are unique physical circumstances or conditions that would prevent the property from being used
in conformance with the zoning code regarding use the planning commission recommends the board deny
requested variance for a change of use to the second floor to include office
storage locker room and restroom accessory to the existing adult cabaret
on the first floor which is an expansion of the existing adult cabaret use to the
second floor of an existing structure thank you we've heard a lot of people's
viewpoint well people's viewpoint on this whatever I want to sit and talk to
the board and we'll vote next uh tuesday the 4th right at the 2 p.m thank you very much okay and
thank you thank you for coming thank you you you fellas have anything at all you just came in for
the day education they were at the community meetings so they didn't know what exactly oh
okay all right well well thank you for sitting there all day and uh right we appreciate it i
hope you enjoyed it oh okay all right all right thank you uh council thank you uh and if we're
off the record members of the board it's been a while since i've been here in person good to see
they're like make sure
come back