civus
Hearing video

ZBA Hearing - March 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 22, 20235h 37m

Thank you. And you have been, have you taken on many projects as with restaurants, interior layout, interior design?

Similar wording

Yes.

Similar wording

Okay, very good. Well, did you get an opportunity to look at this applicant's plans of the interior layout of the restaurant as it now currently exists and any associated photos?

Similar wording

Yes, I did.

Similar wording

Okay. And you understand that the applicant is here today because they would like to be using takeout service on the side of their building. You do understand that, is that right?

Similar wording

Yes.

Similar wording

Okay, and based on your expert opinion, as a designer of food service industry and restaurants and architect, could the applicant use the existing interior space to accomplish the very same goal that they have today?

Similar wording

Do you mean to have takeout in a different part of the restaurant?

Similar wording

Could they use the interior part of their restaurant for both sit-down and take-out service without having to use Fulton Street as prohibited by their proviso?

Similar wording

Yes, I believe so.

Similar wording

Okay, very well.

Similar wording

Would they be the only small restaurant in the area that you know of that does both take-out and sit-down from their main dining room?

Similar wording

I KNOW I MEAN MOST RESTAURANTS AREN'T ON CORNERS SO THEY ALL GO THROUGH THE FRONT IF THEY DON'T

Similar wording

HAVE A SIDE IF THEY MOST OF THEM DON'T EVEN HAVE AN OPTION FOR A SIDE EXIT SO MOST OF

Similar wording

THEM ARE USING THE FRONT FOR TAKE OUT UNDERSTOOD THANK YOU VERY MUCH MR. CHAIR I HAVE NOTHING

Similar wording

further. We do very short summations. I just want to see if Mike has any cross. Okay, Mike,

Similar wording

you have cross for that. Just one quick question for Mr. Toner. Sure. Wouldn't it be better as,

Similar wording

well, Mr. Toner, did you hear or see or read the testimony of Jonathan Deutch from the last

Similar wording

hearing, our restaurant industry expert? I read his report. I did not see a recording of his

Similar wording

testimony. And I read the report that he wrote as part of your exhibits from the previous

Similar wording

presentation. Thank you. And wouldn't it be better if you had the takeout restaurant portion right

Similar wording

by the kitchen where you have better storage and food service and food safety and everything else

Similar wording

rather than have to walk it all the way through the restaurant, as Dr. Dewich said in his testimony?

Similar wording

well i don't disagree that it's more convenient to do it that way um but it's not that it's

Similar wording

it's not impossible to do it other ways and most restaurants do no further questions mr chairman

Similar wording

thank you thank you you want to have public comment mr chairman before

Similar wording

summation? I'm going to do public comment, but I thought, well, all right, we can do it.

Similar wording

Questions from the, well, let's do questions. No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience? Mr. Chair, we have a Ms. Jane Merrines with her

Similar wording

hand raised. I have allowed her to speak at this time. Sure. Hello? Hi, could you state your name,

Similar wording

please and spell for the court reporter uh jane mary lee m-e-r-r-y-l-e-e-s like sam

Similar wording

mary lee all right do you swear from tell the truth the whole truth nothing but the truth

Similar wording

I do

Similar wording

Who's she?

Similar wording

Oh

Similar wording

The dreaded door

Similar wording

Has always been there

Similar wording

Alright

Similar wording

Just to make that clear

Similar wording

I live at 206 Fulton Street

Similar wording

Directly across the street

Similar wording

From

Similar wording

The restaurant

Similar wording

And

Similar wording

It has been used

Similar wording

recently but you know my windows are closed and so forth but what i wanted

Similar wording

you know, my windows are closed and so forth.

Similar wording

But what I wanted to really mention and to stress

Similar wording

is the fact that if the restaurant is granted the takeout,

Similar wording

then if they move, anybody can use it.

Similar wording

It goes with the property.

Similar wording

And that can't happen.

Similar wording

Thank you.

Similar wording

Another thing was, and it's escaped me for a minute, the chaos of the driving.

Similar wording

Last Friday, we couldn't get into the street because of a big white car.

Similar wording

I guess it was an Uber or something.

Similar wording

And that happens often enough to be irritating.

Similar wording

Other than that, I agree pretty much with Greg.

Similar wording

The restaurant is great.

Similar wording

It's the people that hang around are very loud and sometimes boisterous.

Similar wording

Okay, bye.

Similar wording

So Snow Nose, thank you for taking the time, Colin.

Similar wording

We appreciate your input.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, Mr. Chair.

Similar wording

I have Martha Morowitz with her hand raised.

Similar wording

I have a lot of her to speak.

Similar wording

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

Similar wording

My name is Martha Morowitz.

Similar wording

That's M-A-R-T-H-A-M-O-R-O-W-I-T-Z.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed.

Similar wording

I would just like to state that given the prior testimony,

Similar wording

it would appear that all of the neighbors are in opposition to the restaurant's take-out window.

Similar wording

The neighbors can speak for themselves.

Similar wording

She can't speak for them, Mr. Chairman. All right. So would you do, would you just give me your

Similar wording

comments, not other people's thoughts? So tell me. Well, I just wanted to let you know that that is

Similar wording

not a universal opinion. There are many people in close proximity. Mr. Chairman, she can't speak

Similar wording

about the other people. Okay. All right. Okay. I will, I will, I will limit my comments to myself.

Similar wording

Sure. You'll have to forgive me. I'm not a professional testifier. No, no, no. Just tell us what you think.

Similar wording

In any case, I live almost directly across the street from the restaurant in a historic building. And I was sorry when the pandemic hit that everybody had to shut down.

Similar wording

But I was thrilled when they opened up to do takeout because then we could continue to use them as a resource in the neighborhood.

Similar wording

And our fear, my husband and mine, is that if the restaurant is not allowed to use the takeout window,

Similar wording

that they will go back to their late night hours and everything that was happening prior to the pandemic

Similar wording

in order to make ends, not even make ends meet,

Similar wording

but make a profit as they should be able to.

Similar wording

So that is my comment.

Similar wording

I'm hoping that they will be able to continue

Similar wording

with the takeout window

Similar wording

and then operate under more reasonable hours

Similar wording

and continue to service the neighborhood.

Similar wording

Thank you for your call and your input.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, I have a Mr. Daniel Orr with his hand raised.

Similar wording

I have a lot of them to speak at this time.

Similar wording

Hi, could you state your name and spell it for the court reporter, please?

Similar wording

Sure. My name is Daniel Orr, last name O-R-R.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Are you a neighbor?

Similar wording

Yes, I live across the street from Royal Sushi. I'm a near neighbor.

Similar wording

All right, proceed.

Similar wording

So I would say it's a great restaurant. My wife and I ate there 36 times last year,

Similar wording

but their takeout window is a noise and traffic nightmare for the neighborhood.

Similar wording

And there's nothing that they've said that entitles them to a variance.

Similar wording

um you know the to obtain a variance the app cannot show unnecessary hardship and the variance

Similar wording

is in public interest and the singer versus philadelphia zoning board case is directly on

Similar wording

point here um it's so i would just urge the board to consider that case it's 29 a3d 144

Similar wording

the commonwealth court decision um i'd also just point out that you know that the near neighbors

Similar wording

the rco and you know council member esquila um have all come out in written opposition to this

Similar wording

So from what I can see, there's really no basis in fact or law to grant this variant.

Similar wording

Thank you for your input, and we appreciate you calling in.

Similar wording

Is there anyone else?

Similar wording

Yes, sir.

Similar wording

A Chutati Psunteranon with their hand raised.

Similar wording

I have allowed them to speak at this time.

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Hi, my name is Tutatipsun Taranon. I am the chef owner of Kaliyaki Restaurant.

Similar wording

Hi, my name is Chutati Psunteranon.

Similar wording

I am the chef.

Similar wording

Hold up, hold up, hold up. Could you spell your name for the court reporter, please?

Similar wording

My name is Tutatipsun Taranon. Let me spell it for you.

Similar wording

C for Charlie, H for Hotel, U for Uniform, T for Tango, A for Alpha, T for Tango, I for

Similar wording

India, P for Paul.

Similar wording

Family name, S for Sugar, U for Uniform, N for Nancy, T for Tango, A for Alpha, R for

Similar wording

Roger, A for Alpha, N for Nancy, O for Oscar, N for Nancy.

Similar wording

Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I am.

Similar wording

Are you a neighbor?

Similar wording

I am. I live in Queen Village. My address is 743 South 3rd Street.

Similar wording

Okay.

Similar wording

As a neighbor and a chef owner of a small business that serves the ethnic food, food of our culture,

Similar wording

and I survived the pandemic by the takeout,

Similar wording

and I have to pivot by have the separate takeout window to reduce the congestion of the customers

Similar wording

and prevent the spread of COVID-19, which is still around.

Similar wording

I am here to support the use of takeout window for Royal Isakaya.

Similar wording

As so many families in Queen Village, Royal Isakaya take a big part in our community,

Similar wording

providing high-quality food service since the day they opened.

Similar wording

restaurant is part of the community and should be able to find the way restaurant and neighbor

Similar wording

should be able to find a way to support each other and royal isakaya brought the diversity

Similar wording

to our neighborhood jesse ito is national recognized chef with his talents and the

Similar wording

way he uniquely presents the food of his culture takeout window will help decrease

Similar wording

the congestion in the dining room and create the flow of the service

Similar wording

As a chef and a restauranteur, I would strongly urge the board to be kind of consider approval of the permit.

Similar wording

Small restaurant has been heard deeply from the pandemic, and we should all be supportive to our neighbor and small business.

Similar wording

Thank you very much for taking the time to call in and your input.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, Chair, we have Breit.

Similar wording

What do you have?

Similar wording

Mr. Breit, you can unmute yourself.

Similar wording

Yeah, my name is Brett Feingerts.

Similar wording

Could you spell it, please, for the court reporter?

Similar wording

Yeah, Feingerts is F-E-I-N-G-E-R-T-S.

Similar wording

Do you swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Are you a neighbor?

Similar wording

Yes, I live at 235 Catherine Street, which backs up to 244 Fulton Street.

Similar wording

Goes block to block.

Similar wording

Are you in favor of the project?

Similar wording

uh i i am in favor of supporting royal izakaya's takeout window okay um i i live on fulton street

Similar wording

um is the street frequently blocked yes it's blocked all the time whether royal izakaya is

Similar wording

open or not um so i i i find it hard to to blame them for that i i think it's a combined contribution

Similar wording

of the majority of the people and businesses around there, Amazon deliveries, the postal

Similar wording

service mail, Uber drivers, construction projects, and sometimes just quick stops.

Similar wording

So you're in favor of the project, am I right?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Thank you for taking the time to call, and we appreciate it.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Chair, we have Eleanor Ingersoll.

Similar wording

Ms. Ingersoll, please unmute yourself and wait for the chair.

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Yes, it's Eleanor Ingersoll, E-L-E-A-N-O-R, Ingersoll, I-N-G-E-R-S-O-L-L.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Are you a neighbor?

Similar wording

Yes, I am.

Similar wording

Are you in favor of the project or against it?

Similar wording

In favor.

Similar wording

Okay.

Similar wording

Where do you live at?

Similar wording

I live at 311 Monroe Street.

Similar wording

Okay.

Similar wording

We appreciate you calling in.

Similar wording

Thank you very much.

Similar wording

I have been a resident of Queen Village for 24 years.

Similar wording

I ate at the previous restaurant, La Barola.

Similar wording

And when Royal Itzakaya opened, it was actually frustrating because you could not call in a takeout order.

Similar wording

You had to go into the bar, order there, wait for it, and take it away.

Similar wording

Like some of the other comments we've heard today, it was such a relief that they were

Similar wording

open, able to open so quickly after the pandemic started, and do so in order to

Similar wording

able to open so quickly after the pandemic started, and do so in an orderly fashion.

Similar wording

When you go to order, you get a timestamp that tells you exactly when to come and pick it up,

Similar wording

and it takes literally two seconds to arrive, get your order, and leave. Because by that time,

Similar wording

you've already paid, so there's no waiting there to do it. Everything is done online, again,

Similar wording

extremely orderly. And actually, I was late one time, and they were not happy with me.

Similar wording

So there's that. And the idea that the pandemic has forced businesses to create new business

Similar wording

plans to survive, and that includes food delivery and food pickup. And the idea, again,

Similar wording

also to echo what was previously said, that the idea that not allowing this window would stop

Similar wording