of this hearing?
Yes, Mr. Shahid.
Thank you. Thank you, counsel. Please proceed with sharing screen.
Thank you.
Mr. Chairman and members of the board, on the screen before you is the subject property,
commonly known as North Bowl. As I mentioned, the corporate entity is Spare Time Incorporated.
I'm here this afternoon with the principal owner of North Bowl, Oron Daskal, O-R-O-N-D-A-S-K-A-L.
And as I mentioned, the North Bowl takes up the entire subject property.
It really is a beloved institution in the Northern Liberties neighborhood.
It really is a beloved institution in the Northern Liberties.
You can see some photographs here.
It is a bowling alley restaurant located along North 2nd Street.
Just to the left is the Chess Cafe Catering Hall that many are familiar with as well.
That is a separate property.
On the screen now are existing approvals.
The last Zoning Use Registration Permit is dated June of 2019.
This permit provided for a three-year temporary permit, which expired on November 11, 2022.
This is why we are back before the Board today.
In our application, the present application, we sought to permanently approve the prior
Zoning Board of Adjustment approval.
The board, there is on the record a finding of hardship, particular to this property and particular to the very nature of this application.
Once again, though, there was a temporary approval, and that's why we're back again.
My client had sought to convert the temporary approval to a permanent approval.
However, the coordinating RCO, NLNA, requests that the approval be renewed for three years only as
temporary. And if the board is inclined to grant the requested relief, the applicant, Mr. Daskal,
does not object to the community's request that this remain temporary.
Here you can see some photographs regarding the outdoor area, which is the subject of the
application in warm weather months north north ball has previously obtained the temporary approval
to use the small accessory parking lot for outdoor bocce dining a seasonal bar etc and
the creative use of this space has has truly been embraced by the community at large
You can see some photographs of how the whole community has enjoyed this outdoor space,
which really became even more relevant through the worst periods of the pandemic.
The renewal of the existing approvals would allow North Bowl the full seasonal use of
the parking lot from April 1st through October 31st, the warm weather months.
There is a full package of support from the community with provisos, as I mentioned.
The project has been reviewed by Councilman Mark Squilla, by Northern Liberty's Neighbors
Association, Northern Liberty's Business Improvement District, and Near Neighbors.
The first letter up on the screen is the NLNA support for the three-year temporary variance
with provisos similar to what the Zoning Board had previously granted.
The second letter is from the Northern Liberties Business District, which has some very complementary language attesting to the reputation of North Ball in the community.
The third letter is from Council Member Squilla, which echoes the Coordinating RCOs letter.
And in addition, here is a letter from a near neighbor attesting to the support for the
continued seasonal use of the outdoor space.
Here Mr. Chairman and members of the board is a plan showing what has previously been
approved and what we're requesting be renewed if you will for use of the outdoor space during
warm weather.
the notice of refusal indicates that the north delaware avenue overlay requires zba approval
for extension of the assembly and entertainment use that's prohibited by the overlay and this
board has previously found hardship related to this very matter which we seek to renew for three
years the extension of assembly and entertainment would be otherwise prohibited the request before
the board is in response to neighborhood requests for outdoor component and that speaks to the
granting of relief being appropriate this is an existing use the operational information has
previously been on put on record with the board and with the rco there are no issues regarding
the operation the extensive extensive review with the coordinating rco and the support of neighbors
speaks to relief being appropriate in this instance. The variance sought will not alter
the character of the neighborhood or district or be detrimental to the public welfare.
The proposal fits into the surrounding neighborhood, as evidenced by the extensive
of support on record, and the variants would represent the minimum variants necessary.
and the variance would represent the minimum variance necessary to afford relief just for
this specific area in front of the subject property. The grant of variance relief will
not increase congestion in the public streets, danger of fire, health safety, or otherwise,
and will not unduly burden transportation, water, sewer, school park, or other public facilities.
Mr. Daskal is with us, and we would be happy to answer any questions the board may have.
Is he raising his hand?
Mr. Daskal, would you kindly raise your virtual hand so that Chairman Bergman may ask you some questions?
He's available, Mr. Chairman.
He's going to speak, sir.
Yeah, my name is Oron Daskal.
Could you spell it, please, for the court reporter?
Sure can.
that's O-R-O-N, last name D like David, A like Adam, S like Sam, K-A-L. Right. Do you swear or
affirm to tell the truth, the whole truth, and nothing but the truth? I do. Proceed, counsel.
Thank you. Good afternoon, Mr. Daskal. Have you been present for the entirety of this virtual
hearing before the Philadelphia Zoning Board of Adjustment? I have. And would you adopt and
affirm the testimony that I've offered as your own. Yes, I will. Thank you. Questions from the
board? No, Mr. Chairman. No, Chair. Questions or comments from the virtual audience?
I do not see any hands, Mr. Chair. My Planning Commission. Thank you, Chair Bergman. David
Decto with the City Planning Commission. The comprehensive plan recommends no change in the
commercial mixed-use zoning at this location. This is a continuation of a temporary use.
The City Planning Commission recommends that the Board approve the proposed variants for an
additional three-year period. Thank you. MI 2022-007-530-909-15 North 2nd Street. I vote yes
with proviso. Three-year temporary variance expires 4-1-26. Maximum of 60 people in outdoor space.
Outdoor space in use from April to October, only with games stopping at 10 p.m. Outdoor music
must end by 10 p.m. Sunday to Thursday and by 12 a.m. Friday and Saturday. Maximum of eight
outdoor music performances per calendar year and indoor live music must end by midnight.
Thomas Holloman, my vote is yes with proviso. James Snell, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso. Thank you counsel. Thank you Mr. Chairman,
members of the board have a good afternoon.
Okay, I think, let's see here, that was eight, nine, number 11, MI 2022-006-429-5777 East
Worcester Street, Alan Nocklinson is the attorney, letter of support from the Concerned Community
Association, the affected RCO, with proviso. Letter of support, Belleville Neighbors, with a proviso.
Letter of support from FAFE CDC, with proviso.
All right.
So, Noxon, you've already been sworn. Just state your name for the record.
Alan Nockmson, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O.
And can you, would you identify your client relationship to the property?
Yeah, my client is the owner of Record Quest Trust Company, and its representative is in the virtual audience, Angelo Adams.
Okay, our vice chair has just a few questions for you, sir.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Have you emailed all the required documents to proceed with this case
five days in advance of this hearing? I have. Thank you. Please proceed and share your screen.
Well, I would say we're going to go over 5777 East Worcester Street.
As you can see in the front of this presentation packet, there are four electrical meters here.
this existed prior to our purchase of this property so there's one for the common area
and one for each of the three existing units that we purchased with this property so we'll
that we purchased with this property so we'll review the notice of refusal and you'll see that
review the notice of refusal and you'll see that
the reason why we're here is because this is not an arm one property um if it was we we would not
need these proceedings you're fading out a little bit could you alan we're having a hard time hearing
you oh can you hear me now yeah yeah you're a little closer yeah please sit up closer can you
hear me now yeah we do all right great um so we're going to review the letter of support from the
faith community development corporation that was the coordinating rco there are some provisos i
would like to discuss um we did receive a letter i think it was last night from uh acca and i
believe mr chairman you stated that there was a third letter from one of the other rcos i'm not
in possession of that letter i don't fill their neighbors yeah i believe you said it was a letter
of support with provisos i'm not familiar with that letter than the provisos but we'll just
review the two letters both both letters that we just received i believe today are two units
each okay yeah we'll discuss that um then nearby rsa uh multi-family properties are mls listing
which actually was this property was advertised as a three unit it's currently configured as a
three unit our maps of the area photographs of the property in the surrounding area our plans
and drawings, RCO meeting notice. We've had a well-attended meeting with the unanimous support.
Applications for appeal or deed to the property showing Quest Trust Company as the owner. In the
virtual audience is Angela Adams, who will adopt my testimony at the conclusion of this presentation,
and then also our certificate of tax clearance. So this is an RSA 5 property, but it's rather
large it's almost 1400 square feet and what we're just trying to do is legalize uh this structure
when my client was um in the process of trying to obtain rental licenses and other permits he
was discovered that uh this use uh was not legal at the time so that's why we're here today we're
not changing the physical structure inside and out really we're updating but we're not changing the
building structure in any way uh we have a letter of support uh from the faith cdc uh there are
three provisos with respect to that so the first one is no basement living we have no issue with
that because no one has access to the basement um so we would agree to that proviso second proviso
is no roof deck installed well we're not changing the physical structure of this property and we're
not proposing to erect a roof deck access structure so we would have no issue with that proviso and
then the third proviso is trash to be stored on the outside of the property so the first floor
unit has access to rear they will store their trash outside the the units on the second and
third floors there are ventilated trash rooms or trash closets that's where we restore the trash
there but um you know that's our response to number three so we have no issues storing trash
in unit one in the rear of the property outside and have ventilated trash closets for units two
and three but as you can see uh there were you know unanimous support of this project
um eight people voted um some people um refrained from voting including obviously the ownership team
and clean myself. And I believe ACCA may not have voted either. Now, they did send a letter
last night about this. So, you know, we're across the street from a shopping mall. And, you know,
so it's a commercial corridor. So having multifamilies not have character for what you
would expect. And I think they would even agree to that. They're requesting to only have two units.
Again, it was advertised as three units. We're not changing the density of this property in any
way. And we would request that we allow to remain at three units because otherwise it'd be cost
prohibitive to completely change the layout inside this property. And then it's not of character to
have multifamily units nearby. So 5763 East Worcester Street is multifamily. 5749 East
Worcester Street is multifamily. And then it was advertised to us as three units. And as you can
see here, it said three kitchens. So this was a three-unit structure when we purchased it. It
was advertised as a three-unit structure. And unfortunately, my client wasn't as familiar with
the rules and regulations with respect to zoning. And that's unfortunately why we're here today.
And then the zoning map, as you can see where we are, it's an RSA5 property. There is R&1
across here and across the street is rsa5 but that is actually a church and a shopping center
and a shopping center as well so i think some of the zoning classification this neighborhood may
as well so i think some of the zoning classification in this neighborhood
be misclassified and then photographs of the property again as you can see we have four meters
here this wasn't installed by my client this existed at the time he purchased it one meter
is for the common area and one and then the other three meters are for each of the units themselves
and then this is the notice poster uh showing proof that we posted the property uh prior to
the hearing this is east worcester avenue to right of property east worcester avenue to the left of
the property and then our plans this is just a site plan again we're not changing the physical
structure at all we just wanted the board to see the site plan and then this is just our floor
plans. Again, no one has access to the lower level, the basement. So we have no issue having
a proviso, no living in basement. So if you come in here, first floor unit, first floor is unit
number one. You go up a flight of steps, that's unit number two. And then if you make a left,
and if you make a right, unit number three is a bi-level, which is, you know, right here,
It's the living room area and kitchen, and then there's a bedroom, two bedrooms on the third floor.
Again, we're not changing the physical structure at all.
We met on February 16th.
123 addresses were notified.
List of the addresses, proof of mailing to those addresses.
Our application for appeal showing that Quest Trust Company was the applicant.
or a deed to the property, showing Quest Trust Company as the owner.
And then there are Certificate of Tax Clearance.
The only thing is it's showing a balance of 21, 79, 49,
but that is because of 2023 taxes.
They're not due until March 31st.
I believe my client has since paid those taxes,
but not relevant to our discussions for my client's tax compliance,
at least as through March 31st of 2023.
With that being said, I would ask that my client, Angelo Adams, virtually raise his hand and be sworn in.
I'm allowed to speak.
Sir, could you state your name and spell it, please, for the court reporter?
Angelo Adams, spelled A-N-G-E-L-O. Adams is A-D-A-M-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir. Proceed, counsel. Mr. Adams, you've heard everything I had to say today about your zoning matter. Yes. Is it true and correct? Yes, it is. And do you adopt it as your own testimony? Yes. Thank you.
Questions from the board? No, Mr. Chairman. No, Chair. Questions or comments from the virtual audience?
yes sir i have mr charles richardson with his hand raised i have allowed him to speak at this
time mr richardson just state your name please sir charles richardson office of councilwoman
cindy bass from 508 city hall councilwoman has no objection to granting the variance
thank you very much is there anyone else in the virtual audience
um yes sir miss um inez love she has her hand raised i've allowed her to speak at this time
miss miss miss love you've already been sworn once today just state your name and you can start
testifying inez love uh faith community development corporation with coordinating rco for this
project. There was a discussion mention of two units, but we did not discuss or ask that those
units be reduced to two. The folks that were voting at the meeting, they agreed to the units
and they also approved it. The information that ACCA has given to you was a meeting that they
had individually after our coordinating meeting okay um thank you for uh taking the time to call