ZBA Hearing - February 1, 2023

Awesome. Thank you very much.

Questions from the board?

no Mr. Chairman no Mr. Chairman questions or comments from the virtual audience

I do not see any further hands Mr. Chairman I'm planning commission

it's Ron Bednar city planning the property is currently split zone for residential and

industrial use on the city plan the adopted comprehensive plan recommends a change in the

zoning for this property to industrial and commercial mixed use under that recommend recommended

zoning the proposed business and professional offices and personal services would be

would be permitted as of right therefore we recommend that the request of fairness be granted

thank you mi2022-002-549-3460 j street i vote yes thomas holliman my vote is yes

ishmael shaheed my vote is yes thank you thank you council stay i'm right here i 2022 005089

1100 east tayoga street mr ward again we also have a letter of support from impact and a letter

of non-opposition from council member lazada could you please identify your client and the

relationship to the property. Good afternoon, Mr. Chairman. Once again, for the record,

my name is Sean Ward, S-H-A-W-N, last name Ward, W-A-R-D, attorney for applicant. My address is

331 East Street Road, Trivos, PA19053. And present with me today is George Groves,

g-r-o-v-e-s representative of the property owner

our vice chair has just a few questions excellent

do you agree to waive the reading of the refusal and stipulate to his accuracy

yes i do mr vice chair thank you uh have you emailed all of the required exhibits into our

offices five days in advance to this hearing. Yes, I have.

Thank you. Please proceed and share your screen.

Before I do that, I am remiss. I did not congratulate you on

your elevation to vice chair last week. And I wish you all the

success.

Thank you.

Mr. Chairman and members of the board. Again, I share my

typical exhibit packet which you wait a minute am i sharing and can you see it that's that's a 1100

tioga yeah yeah we're good okay thank you you know remotely you never know

I thank you very much, Mr. Chair. Again, this is my typical exhibit packet always submitted to the board. I represent 1083 East Tioga LLC, which owns the property at 1100 East Tioga at today's calendar number.

However, we are here for a permit for a sit down restaurant in an existing structure.

Unfortunately, the property is zoned as RM1, multifamily residential, and therefore a variance is required.

A2 is the ZBA application of appeal.

A3 is the project information form.

A4 is the copy of Proof of Ownership, the deed.

We have proof of tax compliance.

A6 is a site map.

A7 is a floor plan.

A8 are photographs of the subject property, aerial views, street views.

Most importantly is the A9 RCO letter of support from Impact CDC.

I inadvertently labeled this as Councilman Squales District.

But I would ask that the district council letter that has been previously submitted to the board be marked as a tent.

With regard to relevant zoning history, I was involved in this property, not back in 1980, but there was a variance granted for a beard.

Not back in 1980, but there was a variance granted for a beer distributor at this site.

Back in 2013, I successfully brought an application to the board with the support of the community for a one story front addition to a beer distributor.

However, that use has vacated and my client has purchased the property.

understandably because he's got the

large development right across the street.

A-12 is the zoning map and A-13 is the

aerial photo.

So not to belabor the point, let me

just

again, tax clearance were paid through 2020.

There is a balance due for

2023, which is not due yet until March 31st.

The property

is located at the corner of East Tioga and Chase Street.

The aforementioned case, which we just presented, was directly across the street.

With regard to the floor plan, I am, Mr. Chair, going to revert this sideways.

because it's it'd be easier to

uh so basically a brazilian uh themed restaurant uh we have the front entry there is seating for

36 patrons there is a hostess and cashier counter located directly behind that and

And behind the seating area is the kitchen, obviously with the ranges and all the accessories.

There is a due to the construction of the building.

There is a small elevation up to where the office would be.

And in the rear, there is an employee restroom so as not to interfere with the patrons and

guests.

well sorry

this is the current front of the uh property uh the yellow paint has been since removed

and and covered with a gray primer until the uh owners and operators at a restaurant decide on

exterior accoutrements, as you would say.

Copy of our zoning poster for today's hearing.

This is a Google aerial

of the subject.

Again, it had been painted in the yellow paint.

This is my client's adjoining property across the street.

As you can see here, this is the front of the property from Google.

A view of the side from Google, again, referencing the gray primer just to get rid of the yellow color paint, which I believe some found garish.

this is the um impact rco uh zoning uh rco letter dated january 13th unanimous support

and our meeting was held on january 12th and then this would just be another uh aerial view

of the property again we own the property across the street across the street is scanlon playground

And that is all I have.

So why don't we have your testimony adopted again?

One more time.

All right, George, are you available?

Hello.

Yeah, George, you've already been sworn, so just you can testify.

Okay, thank you.

Thank you, Mr. Chairman.

All right, Mr. Groves, you've heard my representations to the board this afternoon?

Yes.

And you have thoroughly reviewed my exhibit packet and the plans as submitted, correct?

Yes.

Are you true and correct?

Yes.

Do you adopt them as your own testimony?

Yes, sir.

Very good.

Questions from the board?

No, Mr. Chairman.

No, Chair.

Questions or comments from the virtual audience?

Questions or comments from the virtual audience?

I see no other hands, Mr. Chair.

Planning Commission?

Sorry, Ron Bednar, City Planning.

While the property is currently indicated for residential,

on the city plan, given the documented use history,

we have no objection to the granting of the variance.

Thank you.

MI 2022-005-089-1100 East Tioga Street.

I vote yes.

Thomas Holloman, I vote yes.

Ishmael Shaheed, my vote is yes.

Thank you, counsel.

Thank you, Mr. Chair.

Members of the board, have a great evening.

Thank you.

Is there anyone in the virtual audience whose 330 case has not been heard?

I do not see any hands, Mr. Chair.

Thanks, everyone.

A lot of good work today.

Thank you.

I appreciate what everybody did.

have a good night all right good job good job thank you thank you good night everyone thank you

good night good night

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