And then this here behind the fence is that warehouse that I was describing.
So as you'll see, as soon as Mr. Cruz received the violations, all work has stopped.
All work has ceased at the property since the violation was issued.
And the undertaking of this zoning permit has been commenced.
So these are all existing condition sites.
the addition itself is built this is a view from the front porch of the property what you'll see is
that the property if i can go here is actually already somewhat raised
That the property, if I can go here, is actually already somewhat raised.
So that porch is actually off of this level, that second level there, which is significantly above the street level because the property itself, as you can see here, already starts above grade.
This is the front portion of the property.
This is the warehouse space.
So the property basically has has a residential neighbor on one side and then an industrial zone neighbor on the other side.
If you walk out of the front door of the property and turn right, this is the wall that you would see.
So, you know, the hope was to give a little bit more outdoor space to the property,
since even sitting on the front porch or being out on the steps of the property just puts you looking into a brick wall to your right.
An example of a similar, not exactly similar, but also a second floor deck that's located nearby.
And this is just a view of the basement, which houses just mechanicals and water boiler and stuff.
So this is an existing view of the property.
What you'll see is, you know, Mr. Cruz undertook to make it look in conformity with the neighboring properties.
there are about three houses right next to one another that are the same size and then
further down the block headed towards the 4400 block the houses get a little larger and a little
deeper photos of the zoning posters
and then this is prior to this is a view of the property prior to any undertaking of any
renovations so you can see it's in quite dilapidated condition and this was a you know
a really an active love to restore it to hopefully use it themselves a view down penn street to the
right a view down penn street to the left and this is what i was describing so this is the
subject property here or a previous picture of it. And then these two houses are basically
congruent to the subject property, which you can see they're all raised up and their first floor
begins, you know, I wouldn't say a full floor above grade, but at least four feet or so above
grade. And then the remainder of the block is a typical single family house, which one starts
closer to the sidewalk itself. The first floor of that property is either at grade or maybe just a
a few steps above grade, like you would see here.
And those properties extend their full
and sometimes more than their full,
a lot of depth into the lot.
So this is a site plan for the property.
The gray area here was the existing structure.
This first white box labeled number three is the addition that was built.
And then you can see that the minimum yard setback is still in effect and proper.
And then this here, number four, this area that I'm now highlighting, that is the deck in question.
And then a side elevation.
So once again, this portion is the addition.
And then this is the proposed deck.
So, you'll see that the area itself is a mix of residential and industrial commercial uses.
So, as I was describing, this is the subject property and then the entirety of this neighbor
is a, I believe, again, a roofing supply warehouse.
So, you know, not really impacting this neighbor in any way.
And then what I'd like to share with the board at the end of this is Mr. Cruz did, in fact, speak to his closest neighbor on the other side, who did sign a letter of support for this application.
So we are hoping that the board takes that into consideration in granting this as well.
Our application for appeal.
Our project information form.
We met with the community on August 8th.
It was, you know, everyone seemed to be very supportive of the application and everyone understood that it's an existing condition and that, you know, it was a very unfortunate situation that Mr. and Mrs. Cruz got a little taken advantage of by a contractor who will certainly not be the contractor doing any future work on this property once the appropriate permits are pulled and hopefully the appropriate permits are pulled with the allowance for the existing deck.
the allowance for the existing deck. We notice 76 nearby neighbors.
We notice 76.
Once again, there's pictures of the zoning posters in the window.
The tax clearance certificate. And then a letter of, I'm not sure how to call it because they
right we are approving their request but i i would imagine that's somewhat analogous to a letter of
support from the frankfurt neighbors advisory committee um with that if i may i'd like to
bring on mr cruz just to adopt my testimony mr cruz please state your name as spelled for the
stenographer mr cruz please raise your virtual hand
we see him
Mr. Cruz
his hand was just up chair but it disappeared
there he is his hand is back up again
Mr. Cruz please unmute yourself
and wait for the chair
Mr. Cruz could you say your name and spell
for the courts
Jeffrey Cruz
J-E-F-F-R-E-Y-C-R-U-Z
do you swear or affirm to tell the truth
the whole truth nothing but the truth
yes I do
Proceed, counsel.
Thank you, Mr. Chair.
Mr. Cruz, have you been on this call listening to my testimony today?
I have, yes.
And is everything I said true and correct?
And would you adopt my testimony as your own?
Yes, I do.
Okay, thank you very much, Mr. Cruz.
Nothing further from me, Mr. Chair, would be happy to answer any questions from the board.
Sure, questions from the board.
questions or comments from our attorney hillary emerson
oh i apologize before before that if i may just put on the screen my apologies mr chair
um so as i stated your neighbor yeah here are two letters of support one's a little further down but
this is the the neighbor the nearest residential neighbor thank you thank you hillary emerson
no questions at this time mr chair questions or comments from the virtual audience
i see no hands at the side chair planning commission
amy boyd with the planning commission the comprehensive plan recommends no change to
the existing single-family residential RSA 5
location. The appellant has shown that there are unique
physical circumstances or conditions that would prevent
the property from being used in performance with the zoning code
and that the proposal is in spirit with the code and will not
injure the use of surrounding properties. The pending commission
recommends that the board grant the variance for
roof deck above rear yard. Thank you.
MI 2024-003-857
4355 north penn street i vote yes michael johns my vote is yes cheryl gaston my vote is yes
tanetta graham my vote is yes hi owen my vote is yes james snell my vote is yes
ishmael shaheed my vote is yes thank you council thank you very much members of the board i hope
everyone has a nice uh holiday coming up and i'll see you in a few weeks all right thank you take
care number nine number nine mi 2024-003-919-729 north 39th street alan knockamson is the attorney
um there's a recommendation of support from the matchwood civic association
mr knockamson please raise your virtual hand
here i see his hand but he's not raising his hand i don't know if he stepped away or not
okay let's let's come back to it then
number 11 mi 2024 003 971 100 to 32 chestnut street rachel pritzker is the attorney
unanimous
non-opposition from
the Washington Square West Civic Association
a letter of non-opposition from
Councilmember Squillin
Chair Rachel Pritzker is coming back in
as a panelist now
Good afternoon
Good afternoon Council
Alan we'll get right back to you
Alan, we'll get right back to you, okay?
Rachel?
Hi. Could you state your name and spell it, please, for the court stenographer?
Yep. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client and relationship to the property?
My client is JP Chestnut LLC, with the owner being John Betts. They're the tenant for this property.
And our vice chair has just a few questions.
Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?
Yes, it's a referral, and yes.
Understood. Have you emailed them all the required documents and exhibits that's needed to proceed with this case, properties, in advance of this hearing?
yes thank you council please proceed and share your screen thank you can we promote um brian
uh log a laug as well just these are architectures for efficiency purposes
they have been allowed to speak all right sir could you please state your name and spell for
the stenographer he's coming back in as a panelist here okay
for him to get sworn in and then i'll begin sir could you please state your name and spell for
this phonographer sure it's brian laug b-r-i-a-n last name l-a-u-g you swear or firm to tell the
truth the whole truth nothing but the truth yes please proceed counsel great so um as you can see
on my screen this is 1000-32 chestnut street this is where thomas jefferson university is
again we represent the owner john betts of the tenant space his entity jp chestnut llc
we have a property that's owned cmx5 it's at the corner of 11th and chestnut and is currently a
vacant, prominent commercial corner that houses Jefferson University, Thomas Jefferson University.
The proposal is for the use of the existing ground floor space as eating and drinking
establishment, sit-down restaurant in an existing building.
This generated a special exception or referral just for the proposed use of eating and drinking
establishment, sit-down restaurant, which requires a special exception, an adjustment
from the Chestnut and Walnut Street zoning control districts.
There are no signs on this current application.
Just going to jump to the aerial zoning map.
As you can see, the partial zone CMX5.
The applicant is leasing 4,065 square feet of an existing space at the property.
This is an aerial view.
So zoning posters gives you a better sense of the location.
For an eating and drinking establishment, a sit-down restaurant, again, which is prohibited by the Walnut Chestnut Street zoning control overlay.
This presents a hardship.
It's a CMX 5 building.
Most uses are permitted, especially sit-down restaurant, by right in CMX-5, except given this outdated overlay.
The use will comply with all the dimensional standards and will not impose any detrimental impacts like congestion on the streets,
as there's adequate locations for delivery and public transportation, which we can go through on the floor plan.
It will also not overcrowd the land as it's an existing building that's vacant on the ground floor.
It also will not impair light and air or burden the surrounding properties, water, sewer, public facilities, or injure or impair any public health or safety.
It will only add eyes to the street, provide a public amenity, and include lighting, which will increase public safety.
Also consistent with the city's 2035 comprehensive plan, as it provides an in-character commercial use in an existing commercial mixed-use corridor.
This project also supports union construction, job growth, and is an important medical institution at Thomas Jefferson University.
As mentioned, before Brian goes through the floor plans, I'm just going to go through.
We had a community meeting with the Washington Square West Civic Organization, as mentioned.
We sent out the mailers as required, and we had 12 votes in non-opposition.
We also have a letter of non-opposition from Councilman Mark Swilla's office as well.
I'm going to have Brian share the screen and go through the floor plans.
uh brian share the screen and go through the floor plans and then i will bring on my client as well
okay can you guys see my screen we can okay so quickly as she said this is on the ground floor
of the jefferson gibbons building hospital so it has two points of entry for customers one is is
through the main entrance of the hospital. You would enter into the facility at this location
before the security desk. So there's no reason for any people to go through security. And then people
within the hospital can access it this way. It also has another entryway. Sorry, this is the
match line here. A separate vestibule that comes off of the street entrance. So patrons can come
in this way as well. And in addition to that, there's a separate overhead door here that will
allow for deliveries and so forth into the coffee shop here into the back of house. So go back to
the first floor. So again, as you enter, this is the seating area out in here. This is the
express line here for the coffee. There's two restrooms that we're adding and then just the
general back-of-house support for the coffee shop itself. Thank you.
Chairman, are there any questions for the architect before I ask my client to come on?
I don't believe I heard it yet, but if we have to, we'll bring back. Why don't you bring your client
on okay um by the way a starbucks am i correct yes this is a starbucks okay
it's going to be the largest starbucks um in center city in philadelphia so very exciting
investment for our city is there a john betts that can be promoted please john betts if you're
the virtual audience please raise your hand john betts please unmute yourself and wait for the chair
sir could you please state your name and spell for the course sonography
yes sir john betts j-o-h-n-b-e-t-z do you swear or affirm to tell the truth the whole truth is
nothing but the truth i do sir to you counsel thank you uh john can you um did you hear my
testimony today in front of the board do you believe it to be true and accurate and do you
adopt it as your own yes i do um if there's anything else you uh would like to say john
now would be the time thank you rachel um as the owner of this starbucks i am extremely excited
about this investment into the city of philadelphia as well as the jobs this will create