or is the anticipation that they're going to find street parking because they own the park a lot
next door why do you put that up yeah let me let me let me go back to that let me go back to that
picture so there's a yeah it is uh and it's exclusive to this right there this is the parking
line got it okay where the blue dot is is the is the driveway there's a driveway and our and
miss scott owns all of this so again this was a this was a dance studio fully fully active six
days a week and street parking and neighborhood parking was used and not this driveway and so
and not this and and this is not a new use um so the absorption of visitors to this site
and it's a small site though you know has already been crossed that bridge has been crossed that
that's already been proven that even without this parking lot it's sufficient with the additional
separate buildings on the larger parcel and we're talking about the just the one story
yes yes this is the this is that driveway is just with so the the subject parcel ends with this
driveway my client owns all of this so this is another 20 parking spaces here in addition to all
the street that's around so understood so what's the use in the building that's adjacent to the
parking lot currently it is vacant right now it's it's it's single it's basically single family
but it's vacant right now that's the house but i'm saying that the structure that is parallel to the
parking lot oh the structure here she also owns oh no that's that that is the house this she owns
this whole section so this is the white building that's behind it is not part of the subject
property this building here no go back to the parking lot okay here just above where your
cursor is so yeah this is the client this is oh no oh thank you no this is a totally separate
site this is a totally separate site oh it doesn't have nothing to do with you nothing to do with
it it's just the house the parking lot yes it's just it's just this and the parking lot is going
to be allowed for parking there as well i understand and then for people to sort of get
into where where's the main entrance because right here looking at the plans right now
let me go back to our pictures right here i saw the photos but like how are people getting from
the parking lot to the front entrance right here the parking lot is where this car is
they're just walking around let me just come down the driveway is there any protection that's going
to be put up to separate the parking lot from the loading dock and the driveway there will
no new construct no construction to the site it is as it is people are just going to park and
walk in this door right here that is they could use the other door there's one side door here
there's actually four ways to get in so that door there the front door and there are two
go can you go down to go down to the other ones in the back right here and they could they could
go right into these doors as well because that
door enters into the
main ballroom and then that door
enters into the other room.
They have actually four different
ways to get into the first level.
And then are you
planning for commercial trash
pickup?
I'll do whatever the city requires
right now. They require me to pay
the city
trash fee and my trash is
picked up by the city.
whatever that I have to do to remain in compliance I'm fine with
I'm just pretty much doing what they tell me I have to do
so I pay the fee and they instruct me to put my trash out with the regular city trash
if there's a different requirement that I need to meet
I have absolutely no problem with it. It would basically be in this area
here. But they told me based on the address
that my trash goes out with everybody else. They don't
commercial space any different i just have to pay the fee every year yeah i mean if you're
going to have people catering and bringing food and people leaving food in bags in the back you're
going to need independent pickup but i think just i would do want to second some of the things that
uh that board member gaston brought up so i think like that yes like you can rent this out as is
but i think because this is a use like you need a use permit from zoning and a lot of this will
be regulated by lni or the city but just from a use standpoint the way this is currently sort of
it is not in the best of the use so for us to come in and like evaluate use right now the way
it's set up is not sort of like the best way to i guess i guess i don't i don't under i don't
understand what what else would be needed as i've been in a lot of event spaces that had
What else would be needed? As I've been in a lot of event spaces that have a lot of restrictions, I don't have any of those things.
They don't have any stairs. They don't have any blockage. They can go straight from the parking lot to the front door.
It's very easy for people that may be elderly. I don't see it.
I don't see any blockage or any difficulty for anyone to enter or exit the building.
And it's like I said, there's no stairs, there's no far travel.
The parking lot is right there.
The street parking is right there.
I'm a little confused about.
Well, Ms. Scott, you've been clear on your vision.
And clearly this dance studio had significant a number of events for years before.
So I think the perspective of you doing this as new, it's not new.
They have been doing events in this space as it is for children and the dance studio
four years. Have they been serving food, though? They have been serving food, birthday parties,
kids' parties. No hand-washing stations. Everything is brought in. There's two bathrooms
there. So as far as hand-washing, there's two bathrooms servicing that main hall.
So that's... I think we have... Sherman, Sherman, I think that the client is in disagreement with
majority of the board, we're talking about
the board believes that
there should be a way to keep things
warm, keep things cool
and a place to wash your hands
with a sink. So I
think what we need to do is to
move on and we'll take all that into consideration
and we'll figure out
where we stand. Okay? Okay.
Questions from our attorney?
No, Mr. Chair.
Questions or comments
from the virtual audience?
um yes chair i have a hand up from d dukes i've allowed them to speak okay
good morning could you please state your name and spell for the court tonight
okay hi this is d dukes d-e-e-d-u-k-e-s right do you swear or affirm to tell the truth the
whole truth nothing but the truth yes are you a neighbor i am not a neighbor
Okay. Could you please start your testimony?
Sure. I just wanted to concur with what I believe board member Gaskin was asking.
There is that I can see no kitchen area.
I rent an event space and the event spaces have a smaller kitchen area with a sink separate from the bathroom sink.
for safety reasons, for hygienic reasons, there should be an area where businesses can come in,
hi, Dr. Witt, businesses can come in, rent that space with that area available. If it's not there,
this is not an acceptable use of an entertainment space for those purposes.
Mr. Toppin, do you have any questions? Yes, Ms. Chair. I don't, Ms. Dukes,
You said you are or are not a near neighbor.
I am not a near neighbor, but what I am, well, you want to-
Where do you reside, Ms. Dukes, and why are you here to pose?
So I am here to, they ask from the virtual audience, so I am, and I also represent RCOs within the city of Philadelphia.
Well, Mr. Chair, I don't think Ms. Dukes' testimony is applicable to our case at all.
I don't know why she has been.
Are you not a member?
Mr. Toppin, I will take what you say into consideration.
And Ms. Dukes, thank you for your testimony.
Anybody else in the virtual audience?
Yes, Mr. Chair.
Mr. Stantz.
Oh, he's saying it was ways, but he's not put it down now.
So wait, wait, wait. It's back up again. Okay. He's up. Stan Chawinski.
Stan, could you please state your name and spell for the court stenographer?
My name is Stan Chawinski, S-T-A-N-C-Y-W-I-N-S-K-I. I am the zoning director for the Sixth Council District.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, Mr. Chawinski.
The 6th Council District does not support the application for assembly and entertainment.
Thank you.
Thank you for your comments.
Anyone else in the virtual audience?
No further hands, Mr. Chair.
Planning Commission.
Thank you, Chairman, and good morning, David Fecto with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends no change to the...
Chairman and board members, the comprehensive plan recommends no change to the CMX1 commercial mixed-use zoning at this location.
The appellant should have applied for an event assembly facility rather than assembly and entertainment.
Either way, both types of uses are allowed with a special exception in CMX2, but not allowed in CMX1.
There is no unique physical condition of this property that would prevent it from being used in conformance with the zoning code.
The City Planning Commission recommends that the board deny the proposed use variants for assembly and entertainment.
Mr. Toppin, as I told you earlier, I will meet with the board next week.
We will vote on this next Wednesday at 930 a.m.
Can I ask one last question, Mr. Chair?
There seems to be here. I seem to hear an unwillingness to consider a kitchen or a place to wash, to have a refrigerator.
There seems to be an unwillingness for that. And I don't understand that. I don't understand that.
I don't think there's an unwillingness, Mr. Johnson. We are willing. We are willing to modify it.
Could there be a commitment to do that, to have a real kitchen where somebody can come and wash plates and whatever, you know, if you're catering something, you're bringing something in pans and something falls on the floor, you don't want to have somebody run to the bathroom, clean it off, wait for somebody to get off the toilet, clean it off and bring it back out and stick it in somebody's food.
There seems to be this unwillingness to consider that.
So I think Michael and I think Sherman, I think everybody on the board had a question about that.
And I don't think your client, I think your client thinks the way it is, is the way she wants it.
And it's perfect.
So I think that's why I'm going to hold this and let every board member, although they've all had something to say, but we'll vote on this next Wednesday at 930.
Thank you.
Thank you, Mr. Board.
Thank you, Mr. Board.
Thank you, Mr. Board.
Thank you, Mr. Board.
Thank you.
Thank you.
All right, let's see here. Number 14, MI 2024-003-533-4153 Mantua Avenue.
Meredith Ferliger is the attorney. There was no RCO in this case. Council Member Gauthier's office handled that. Their office acted as the coordinating RCO and facilitated a required community meeting. No one showed up, and they are not in opposition to this application.
Meredith Ferliger should be coming back in as a panelist for me, Mr. Chair.
Good morning, counsel. Could you please state your name and spell for the court's stenographer?
Meredith Ferliger, F-E-R-L-E-G-E-R.
Are you a firm to tell the truth, the whole truth, and nothing but the truth?
Would you identify your client in a relationship to the property?
Sure. My client is Mascoff, LLC, the owner of the property, and that's represented today by Serge Maslanikov.
Vice Chair has a few questions.
Good morning, Counsel. Do you agree to wait the reading of the refusal or stipulate to its accuracy?
have you emailed in all the required documents and exhibits that's needed to proceed with this case
five days in advance of this hearing uh yes i did thank you council please proceed you've already
shared your screen wonderful well good morning mr chairman members of the board again meredith
ferliger of delworth paxton the request before the board today concerns 4153 mantua avenue
You have an exhibit packet in front of you that contains 16 exhibits, which we will request be moved into evidence at the conclusion of the presentation today.
To briefly summarize the basis for today's request, my client purchased this property in September of 2023.
During his due diligence process leading up to that September sheriff sale, my client discovered the vacant parcel at 4153 Mantua Avenue that was zoned RM1, which would have permitted the development before you today.
Given the dense multifamily uses surrounding this property, he jumped on the opportunity, having no idea that a rezoning had recently been effectuated.
As the board may know, there is unfortunately no efficient way to search whether a rezoning is pending for any particular property at any given time.
As the board may know, there is unfortunately no efficient way to search.
The sheriff's office did not deliver his deed until January of 2024.
When he was finally in a position to move the application forward, he only then discovered that the maps had finally been updated to reflect that the rezoning had occurred in the most unfortunate timing.
With that brief background in mind, let me first orient you to the location of this property.
As always, the deed from the Sheriff's Office is included at Exhibit 2, and you can see again
that that was not recorded until January of 2024, and tax clearance is at Exhibit 2.
As you can see on the aerials, let me zoom out just a little bit. As you can see on the aerials
that I've shown at Exhibit 8. This property sits on a very long stretch of Mantua Avenue between
North 41st Street and North 42nd Street. These aerials are slightly outdated, as you will see
in street-level photographs, as you can only see two of the variety of new construction that has
actually been built on this block. The block is largely made up of a mix of single-family homes
to the east and new multi-family developments to the west. From the southeast view, you'll see the
rail lines that border all of these properties along Mantua Avenue, just to the rear of all
these homes. As you'll see in the presentation today, my client did take the proximity of the
rail lines into consideration when he designed this project.
Turning to the photographs at Exhibit 16, you'll see the existing vacant lot that is subject of
today's request that sits between existing three-story brick structures, and you can see
that on either side here. These photos also reveal a closer look at the varied character of this
particular block, with some of the newer construction identified in this photograph. And
again, you would have noticed earlier in the aerials that they were not yet reflected in that
aerial overhead, but they are now constructed, and you can see that here. Turning towards North
41st Street, you'll see that the character of this block shifts about mid-block to two-story,
mostly single-family homes, with the exception of a new four-unit development that you can see
just a couple of structures in here. And you can also notice that there's actually a natural