civus
Hearing video

ZBA Hearing - September 23, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20267h 31m

washington avenue west abroad and uh we are looking forward to uh to uh bringing a new life

Similar wording

to this space because of the unanimous, nearly unanimous support we've got from the RCO,

Similar wording

the support from the council member, and because our operation is going to be run by folks

Similar wording

who know food service, we respectfully request the granting of the special exception. With

Similar wording

that, I have to call my client, Rafi Litch, to the stand to adopt my testimony. Thank

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

Yes.

Similar wording

Raphael Licht has been promoted to panelists.

Similar wording

Good evening.

Similar wording

Hi.

Similar wording

Could you please state and spell your name for the stenographer?

Similar wording

Raphael Licht, R-A-P-H-A-E-L-L-I-C-H-T.

Similar wording

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

Similar wording

sir sorry i uh it when i hit the panel button uh it skipped the last question or the last

Similar wording

do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes i do counsel thank you mr chair rafi did you hear my presentation to the board today

Similar wording

i did is it true and accurate to the best of your knowledge yes it is you adopt it as your

Similar wording

own testimony yes i did i thank you very much i have nothing for a quick question where do we

Similar wording

stand with taxes uh well uh it's my understanding that taxes are taken care of uh you know obviously

Similar wording

my my client is a tenant we're okay we're okay yeah yeah all right i just got a head shake

Similar wording

all right i just got a head shake the only thing i asked mr chair if the board could

Similar wording

the only thing i asked mr chair if the board could

Similar wording

specify if if if you know if in fact the special exception will be granted

Similar wording

special

Similar wording

is that the space is identified as a proviso is 237 chestnut street

Similar wording

but l and i i think it's identified as a different address though like

Similar wording

it's a much larger property and this is one section of that property

Similar wording

The OPA for the property is 2430 South Bank Street, but it's a much larger property.

Similar wording

This is like a unit in what would be, you know, strip mall that we've done, you know, in all other different places.

Similar wording

It would be, yes, with proviso specific to 237 Chestnut, that unit.

Similar wording

our council is checking right now I know yeah thank you back to you in two minutes

Similar wording

no problem we've waited this long we can wait longer can we can we clarify like a unit just

Similar wording

because Ellen I like I said before identified it as the bank street address do you have yeah

Similar wording

And that is the legal address of the entire property that runs at Chestnut East and then down bank.

Similar wording

The unit would be 237 Chestnut.

Similar wording

Retail.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

Are you saying 237 Chestnut is the unit number?

Similar wording

That's correct.

Similar wording

That's how the application was submitted.

Similar wording

We'll do that as a provider.

Similar wording

We've got to pass first.

Similar wording

along with if you want to do proviso we're going to limit it to first floor and basement

Similar wording

that's correct thank you that's how the application was initially submitted

Similar wording

um questions or comments for the virtual audience are we asking the board first

Similar wording

nobody said anything oh i didn't hear the question sorry i was no i've got a question

Similar wording

i have many oh you're only at this time of night you're only allowed you're only allowed one right

Similar wording

okay mr john and i are on the same page so my main question verne is like i understand what

Similar wording

we're trying to do here but where is the actual like if i'm a pedestrian coming to this place

Similar wording

how am i getting to the water i stand it's not it's a cafe you would if you i don't are you

Similar wording

familiar with the american revolutionary history museum on chestnut street this is directly across

Similar wording

the street and there is a separate entrance on the street into the retail space at 237 chestnut

Similar wording

yeah 237 chestnut is uh sort of like adjacent to the independence independence uh hotel which

Similar wording

is right there uh and and and that's that's where it is on the the the front the frontage is on

Similar wording

chestnut got it okay so we're gonna go in the doors on chestnut and the basement is mostly

Similar wording

going to be used for your staff and storage only for the staff and storage they're going to go into

Similar wording

they're going to go into 237 chestnut and they're going to see uh right here there are restrooms in

Similar wording

the basement um there's an ada restroom on the ground floor and additional restrooms in the

Similar wording

basement but other than that the basement is storage lock-in refrigeration uh utilities you

Similar wording

walk in here you'll see a counter you'll see the coffee and the coffee section i saw all of that

Similar wording

um that part i was i was good with okay i was just trying to figure out because it looked like there

Similar wording

was no separate door between the hotel and the next building no there there certainly is yep

Similar wording

there's like i see for city i see the hotel where's this door yep and the only uh we're here

Similar wording

because we're doing takeout we're going to be doing grab and go sort of stuff as well so okay

Similar wording

and then it's it's a full cafe and it's are you doing cooking on site no no heavy cooking no no

Similar wording

not whatsoever everything will be uh pre-made or sandwiches you know things like that got it okay

Similar wording

questions from anyone else questions actually i have an update

Similar wording

um it was suggested that we say for the proviso that the use is limited to the commercial unit

Similar wording

on chestnut on the chestnut street frontage 237 chestnut to be exact yes i don't know if 237

Similar wording

but we say that again this is what hillary recommended that we say use limited to commercial

Similar wording

unit on chestnut street frontage that's perfectly fine for our for our purposes yes but do we have

Similar wording

That's perfectly fine for our purposes, yes.

Similar wording

But do we have to do first floor, second floor, too?

Similar wording

First floor, basement, too?

Similar wording

Correct.

Similar wording

First floor, basement.

Similar wording

That's all I need.

Similar wording

That's all we need here.

Similar wording

All right.

Similar wording

237 doesn't exist.

Similar wording

Okay.

Similar wording

All right.

Similar wording

So anyone else in the virtual audience?

Similar wording

Not at this time, Chair.

Similar wording

Planning Commission.

Similar wording

Madison Matera, Planning Commission staff.

Similar wording

The comprehensive plan recommends no change the existing CMX 3 commercial mixed use zoning at this location. The appellant has shown that the proposed takeout restaurant will have no detrimental impact beyond what might be reasonably expected. City planning commission recommends the board grant the proposed special exception for a takeout restaurant.

Similar wording

MI 2026, 003, 334, 24 to 30, Bank Street.

Similar wording

I vote yes with proviso.

Similar wording

First floor and basement only.

Similar wording

And then hold on one second.

Similar wording

There's typing.

Similar wording

Hold on.

Similar wording

Oh, she stopped.

Similar wording

Okay.

Similar wording

Use limited to commercial unit on Chestnut Street frontage.

Similar wording

Okay.

Similar wording

That's it.

Similar wording

Michael Johns, my vote is yes with proviso.

Similar wording

Cheryl gets the my body chefs with proviso to net a Graham. My vote is just with proviso Ryan McAdams. My vote is yes with proviso. When my vote is yes with proviso.

Similar wording

Is there anyone in the, uh, thank you. Thank you. All right. Thank you for anyone in the audience. Who's a 2 PM case has not been called.

Similar wording

I see no hands here. We're going to take a 5 minute break and come back into the 330 list.

Similar wording

anybody's not here hey everybody's here good afternoon everyone my name is bill

Similar wording

bergman and i will be chairing this uh zba hearing with me is our vice chair tenetta

Similar wording

graham president mr chairman board secretary cheryl l gaston is it mr chairman board member

Similar wording

michael johns president mr chairman i win that's it mr chairman mcadams mr chairman also here is

Similar wording

lynn reuter uber our attorney our executive director ian haggerty and our board administrator

Similar wording

lakeisha dandy this hearing is being recorded and will be posted on the zba website by participating

Similar wording

you consent to be recorded this is an in-person meeting with remote participation whether in

Similar wording

person or on zoom if you are called to speak please state and spell your name and then wait

Similar wording

to be sworn in after you're sworn in please start your testimony by stating your name each time you

Similar wording

testify 200 appearance indicate the property address on the zoom webinar speak with a staff

Similar wording

member call the zba office by the close of business tomorrow please call 215-686-2429

Similar wording

and provide your name email and the address of the property remote participation raise your

Similar wording

virtual hand when directed so that we can call on you to speak when we call on you please click

Similar wording

the join as a panelist but use a q a only for procedural questions not anything to do with the

Similar wording

case and if you're joining by phone press star nine to raise your hand and star six to unmute

Similar wording

so let's go to our our um our list for the evening

Similar wording

number three mi 2025 007 615 3612 north 5th street um this is the second listing we have

Similar wording

no exhibits um justin johnson is the listed owner and michael choi is the listed applicant

Similar wording

see no hands chair no hands

Similar wording

did you say no hands no no hands here thank you so mi2025 007 615 3615 north

Similar wording

fifth street i vote to dismiss michael johns my vote is to dismiss mr chairman i think we talked

Similar wording

about waiver going to waive the two-year rule and then we will waive the two-year rule

Similar wording

do i need to say that also no just proviso okay with proviso

Similar wording

cheryl gaston my vote is to dismiss with proviso senator graham my vote is to dismiss with proviso

Similar wording

Ryan McAdams, my vote is to dismiss with proviso.

Similar wording

I am Wynn, my vote is to dismiss with proviso.

Similar wording

Number five, MI 2026 003 961 6517 Ray Street. This case has been continued to 217 27 at 3.30 PM.

Similar wording

Number five, MI 2026-00.

Similar wording

I'm going to go to number one, go to our first case, MI-2025-002-467-5861 Willows Avenue.

Similar wording

Gabriel Fellis is the attorney.

Similar wording

Gabriel Fellis has been promoted to panel.

Similar wording

good evening gabriel good afternoon everyone uh good evening what would have been sworn

Similar wording

once today could you please just state your name and spell it sure it's uh gabriel fellas

Similar wording

g-a-b-r-i-e-l last name is fellas f is in prank e-d-l-l-u-s all right could you identify

Similar wording

your client the relationship to the property sure my client is enid breckneridge she's the

Similar wording

property owner all right our vice chair has a few questions for you sir good evening you submitted

Similar wording

your documents and exhibits 14 days in advance of this hearing i submitted most of them 14 weeks i

Similar wording

submitted one extra exhibit um i believe the end of last week or beginning of this week

Similar wording

all right thank you and do you weigh the read know your refusal and stipulate to its accuracy

Similar wording

see yes all right thank you you can show your screen and proceed and you also have a letter

Similar wording

of non-opposition from the third war executive committee

Similar wording

i'm so sorry my uh the zoom originally kicked me out earlier from trying to get on to the desktop

Similar wording

i apologize

Similar wording

gabriel i have two other cases do you want me to come back uh yeah i'm so sorry that it looks

Similar wording

that's not a problem we'll be back in probably about two hours a little humor for the staff

Similar wording

okay we'll be back in 10 minutes can you see my screen now here you guard look at that it scared

Similar wording

you i said two hours yeah i'm trying to get out here just like you guys i'm sorry about that

Similar wording

all right you guys can see my screen now what your screen your screen is up great

Similar wording

all right so we're here today seeking um so let me pull this up

Similar wording

just want to make sure we actually see your email yeah it's a lot of emails emails can you see the

Similar wording

table of contents now no no let me come back to you okay all right sounds back shortly sounds good

Similar wording

number two mi 2025 005 346 58 58 south 2nd street mark feinman is the attorney

Similar wording

mark has been allowed to speak all right mr feinman could you please state your name and

Similar wording

spell for this stenographer? Yes. Good evening. My name is Mark Feynman, M-A-R-K, F as in Frank,

Similar wording

E-I-N as in Nicholas, M-A-N. Do you swear we're affirmed to tell the truth, the whole truth,

Similar wording

nothing but the truth? Yes, I do. Mr. Feynman, could you identify your client,

Similar wording

the relationship to this property? Yes. My client's name is Sam. Last name is Obiah,

Similar wording

O-B-I-A-H, and he is the tenant.

Similar wording

He has a lease to operate what we are proposing, which is a restaurant on the first floor.

Similar wording

Okay.

Similar wording

Our vice chair has a few questions.

Similar wording

Good evening.

Similar wording

Have you submitted your documents and exhibits 14 days in advance of this hearing?

Similar wording

Yes.

Similar wording

And this is a referral, so do you wait to know your referral?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

You can share your screen up again.

Similar wording

my apology if i could request there um there is another uh laptop that we're using for the

Similar wording

sharing of the screen and that would appear as hamza alia dia you'll see that he'll raise his

Similar wording

hand if if we can allow that but you're going to do the testimony right that's correct that's correct

Similar wording

okay yes all right bring that gentleman on

Similar wording

All right. Bring that gentleman on.

Similar wording

Mr. Chairman, can I ask a question that involves standing right now?

Similar wording

Involved who?

Similar wording

Standing?

Similar wording

Sure.

Similar wording

Okay. Mr. Feynman, this is Lynn Riedelhuber, Board Counsel.

Similar wording

I know you just identified Sam Obaya.

Similar wording

Obaya. What is his relationship to Rittenhouse Grill and Juice Bar?

Similar wording

Oh, he's-

Similar wording

I can indicate what it is.

Similar wording

okay i beg your pardon he he would be the owner and operator of that business

Similar wording

okay because he signed the lease then so he signed in as the mooner okay i wanted to clarify that

Similar wording

with regard to the lease that would have the standing okay thank you great greatly appreciate

Similar wording

that thank you you're coming up now yep i see that there okay go ahead sir if i may this is

Similar wording

an application it's a request actually it's quite similar to the one you just heard um and it's

Similar wording

It's right around the corner from the property on Chestnut Street where you just heard some testimony.

Similar wording

It's for a special exception to operate a restaurant in the current building.

Similar wording

This building has served as a restaurant for the past two decades.

Similar wording

The granting would not affect and harm the general public or the community.

Similar wording

The building was already configured for a restaurant.

Similar wording

The use of that restaurant had ceased right after the pandemic.

Similar wording

It's a multi-use building.

Similar wording