yes of course yeah with with an adult i mean they'll be with an adult sure okay and i also
just want to add you know the property is set up where uh it's not a issue to go out of the front
and walk around the back area of course supervised to go into the back space so it is very flexible
we have multiple entrances uh to enter and leave the property so i i understand you're
you're concerned with what you're saying at the same time um i i don't believe it would be an issue
uh to accomplish the goal of you know kids going going to and from the bathroom um safely you know
and without incident where it would be a struggle or it would be you know they would be in danger
Children will be accompanied by adults as far as to and from the restroom, which is custom in every daycare I've done over 20 years.
And, of course, like every other daycare, after the zoning hearing, if a variant is approved, they'll be subject to the International Building Code and all the requirements before they can operate more than the family daycare, including the fire mitigation system, the panic button, the doors, and all the other requirements.
We're not going to be able to get around any of that.
the whole yeah all right and so to go through to the first floor are there steps leading up to the
to the front door yes well yeah these these steps right here okay front door there's
So there's steps to get in and then we have the steps to go down into the basement.
Absolutely. Yeah. OK. All right. Thank you.
Which is typical of most daycares that I've ever done and brought before the board.
Any other questions? Well, it's just odd to me that what was a three bedroom house.
you're going to change you're going to come you're going to double the amount of kids
and you're going to not use the second floor that was a three bedroom three bedrooms upstairs at
least i would assume in this house and just use it for that seems like a huge amount of storage
for 12 kids for this daycare and but you're doubling the kids in the same space that you
have currently that kind of doesn't kind of make sense to me um so it's odd that you would have
that much storage for this daycare and not utilize the second floor and is there any other reason
that you're that you don't want to increase the amount of usable space for the daycare because
you want to because you're increasing the number of kids well we're only increasing up to 12 right
Well, you're doubling it. You're doubling it. Over two floors.
You currently have six. Based on your pictures, you currently have the five or whatever on two floors.
Five over two floors.
Now you want to double that on the same two floors, but you have a whole second floor that was three bedrooms that you're saying that you're just going to use as a storage.
Just for management.
It just doesn't make sense. Logically, it doesn't make sense.
why are you if you're going to increase if logically if you want to increase the number
of kids ideally you'd like to increase the amount of usable space that they could have
Ideally, you'd like to increase the amount of usable space that they could have.
I understand that's his testimony.
Not unless it's required, right?
I mean, if the state doesn't require that second floor to be used.
I understand, but it seems to me you're increasing the number of children and not providing the opportunity for additional space to enhance the experience of the children.
That's all I'm saying.
I mean, you can do what you want.
i i guess i'm going to point this towards hillary and then burn you get a reply yeah if if you don't
make the second floor part of the zoning right can you use it for your bathroom for the the students
what i'm saying is like sure if you're saying that's not part of zoning the second floor can
you then say well you kids can go out there anyway and use the bathroom i'm i'm just hillary well
sure yeah you you would need to if if you're using it even just for a bathroom i would think
that you would be required to have a certificate of occupancy from the city in order to get the
license to have all those children um certificate certificate of occupancy that includes the second
floor yeah and i was just but we could still limit our use to the first and the first floor
and basement right the zoning permit could say no no recreation on the second floor well then i
think you'd have a problem getting a co for use of the bathroom on the second floor i think we
could get that administratively through uh through a building examiner though i don't because we
still wouldn't be using the second floor for uh children activity but i guess my question is how
will you accommodate the different ages you said the variety the ages of children would be up to
12 so is there separation of space between the ages of children that second floor could give that
separation of space too right well uh in a lower in a lower level the basement the new addition
we do have various rooms we do have various rooms separation of kids be in the various rooms
so i don't think that'd be an issue in the base and the basement is new that is not what the
Floor plan said it was a bash. I think what I want to do is move on with this. I'll see where we are with the virtual audience. Then we're going to take an under advisement. We'll vote next week. All right. Very good. Hillary. Do you have comments?
No, additional comments this time. All right questions or comments from the virtual audience.
I see no hands at this time to any commission.
good morning sarah bond philadelphia city planning commission s-a-r-a-h-b-a-n-h
she swear or affirm to tell the truth told truth nothing but the truth yes i do please proceed
the comprehensive plan recommends no change to the rsa 5 residential single-family zoning at
this location the opponent received a permit for family child care in 2024 therefore the proposed
use is consistent with documented prior use of this property the philadelphia city planning
commission recommends that the zoning board grant the variance okay um we're going to take this
under advisement we will vote next uh wednesday at 9 30 a.m sir thank you all right number four
Vern, I'm going to go straight through all yours, okay?
All right.
So number four, MI2025-001212, 1344 East Luzerne Street.
Vern, just for the record, state your name.
Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Hank Lay.
There is a letter of support from Council Member Lozada.
the council office states they have an rco letter we don't have it yet am i correct hillary
right and then there's also so mr chair we don't have we don't have the letter however we do have um
the excuse me um we do have a letter of support from council members data right that states that
rco for support right right so and then also um you gave us a petition with 124 signatures from
the neighbors and mr and i believe mr folks is here as well he'll be testifying our vice chair
has a few questions thank you good morning um have you submitted your documents and exhibits
five days in advance of this hearing i have and do you waive the reading of the refusal and stipulate
to his accuracy i do okay show your screen and see what this case thank you
Thank you.
Okay. 1344 East Luzerne is for a proposed use as a sit down restaurant in an existing space.
this is a there it goes this is a long a long regarded grocery store in the neighborhood
and they'd like to use and expand their operation to the second floor and in order to do that they're
going to need to get a variance are these pages blank to you as well yeah i don't know what that's
up what's going on today but please excuse me i have to
maybe time to come in a little more maybe
verne this is a grocery store are you sure well they also serve food on the first floor as well
they just want to expand upstairs for for seating and and for service right
They do serve cooked and dried foods.
Those refused on 24th, January 2025, and the application is for the sit down restaurant.
Here's a file, a copy of my appeal.
And here's the plan.
On the left is the 1st floor.
You can see a customer area point of sale and refrigeration.
Shelves, walk-in closet, walk-in cooler and additional shelving and refrigeration.
You have your meat slicer, your deli case, mostly sandwiches, bambis.
Upstairs is your dining area and storage, as well as restrooms and dining in the front
and dining in the rear.
There it is right now, as you can see, it's a deli, hoagies, sandwiches, interior.
We have 87 pages that make up the exhibit packet today.
as you can see there's good dry goods as well right and beverages
there's the letter that went out to the juniana park civic association and all the immediate
residents proof of mailing to 145 immediate neighbors a letter of support
All relevant documents, otherwise, there's a long history of commercial use in this property, all the certifications of the PALCB.
And, of course, we've already submitted signatures of support over 100 immediate residents, including those who live on Luzerne.
because of the overwhelming support of the neighbors,
because it's already a consistent and reliable business in the neighborhood.
And this is just expanding some seating for the existing use.
I'm respectfully requesting the granting of the variants.
And with that, I'd call my client, Mr. Hank Lay.
How long they've been in business there?
Oh, at least a half a dozen years, if not more.
And Hank could probably speak to when they first opened.
hank lay will be coming in as a penalist
good morning good morning sir could you please state your name and spell for this scenario my
Good morning, sir. Could you please state your name and spell over this scenario?
My name is Hank Lai, H-A-N-K, and last name L-A-I.
My name is Hank Lai.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes. Yes, I do.
Counsel?
Thank you. Mr. Lai, did you hear my presentation to the board?
Yes. I've been there over 20 years.
Over 20 years. Thank you. Yep.
By the way, I have, as part of the exhibit, page 46, a letter dated from Pat Rafferty, the former chief clerk of Philadelphia City Council, 10-20-2005, approving the beer permit.
So, yeah, it's been over two decades of use.
Hank, did you hear my presentation to the board today?
Yes, I do.
It's true and accurate to the best of your knowledge?
And you adopt it as your own testimony?
yes thank you i have nothing further mr chair questions from the board um question um so your
hours of operation uh for the store would they be the same as for the takeout restaurant upstairs
uh yes what would they be hank uh from uh from 10 10 to 10 uh and weekday like 10 to 9 30 and
weekend 10 to 10 other questions and the second floor is so you'll so the second floor is a sit
down restaurant is that what it is yes yeah and yes and alcohol will be served or is it is it beer
or whatever on the first floor you can grab a beer and a sandwich and then go upstairs and eat
okay which is what you can do now the only difference is you can't there's nowhere to sit
and is there table service currently on the second floor yes well there are tables on the
second floor there's there are no waitresses is that correct no right it's an eat-in restaurant
okay that's correct other questions so how does one second floor yes i'll bring it back to the
plan bathroom yeah that's that's bathroom yeah
there's a restroom on the first floor and a restroom on the second floor second yeah okay
um and how many seats is this that you're seeking to add so right now it's just takeout correct on
the first floor that's correct on the first floor so now you want to add seating upstairs how many
seats are we well there's 10 in the rear uh 10 in the rear and uh 6 12 18 in the front so that
total is 30 seat 30 yeah i see so so you go ahead thank you
other questions i think mr johns has a question john no just i was just no just so that was so
you you you have seating on the second floor now you're just expanding the amount of seats
on the second floor right i mean there are tables and chairs up there but right right
but there's right now expanding yeah we need to get this in order to do it yeah right so you get
this done okay gotcha questions from our attorney hillary emerson not at this time mr chair
questions or comments from the virtual audience yes chair i have a hand up by the name of sloan
FOLKS, I'M GOING TO PROMOTE THEM TO PANELISTS. GOOD MORNING, SLOAN.
GOOD MORNING, CHAIRMAN BERGMAN AND CBA BOARD. I'M IN TRANSIT RIGHT NOW. I RAN OUT OF
the ZBA
74 to grant something
to you. My name is Sloan. Sloan,
do me a favor. Give us your name and spell
for the sonographer.
My name is Sloan, folks. S-L-O-A-N-E
and Sapphire O-L-K-S.
Do you swear or affirm to tell
the truth, the whole truth, nothing but the truth?
I swear to you, sir.
Please proceed. Yes, sir.
Our office provided a letter of support
based on discussions
that we had with the RCO
back in October-November of 2025. The RCO at that time did not oppose the request,
but they had not filed a letter of support or support for the various requests.
We had hoped that the letter would come through and we are working with the RCO to get a letter for support non-opposition.
to get a letter for support non-oppositions for the project.
We reserve the right to have further discussions with the RCO moving forward,
but we anticipate that our letter of support or non-opposition will –
we have a letter of support of non-opposition, and we stand by that at this time.
Okay, very you broke. You broke up a lot. I think what you you basically said, you stand by your letter of support and the council person did say that there was a we. She thought that there was a letter of support coming from the RCO to we do. I don't know that we have a copy of that RCO, but we do have the councilwoman. Is that what you basically said? Because you broke up a lot.
yes all right thank you questions or comments other people in the virtual audience
i see no more hands at this time too any commission
thank you chair sarah bond philadelphia city planning commission
in 2018 the zoning map was amended to rsa 5 in accord with recommendations from the
comprehensive plan this property has a documented history as ground floor business space with
residential above the city planning commission recommends that the board grant the proposed use
variants for multiple principal uses and the proposed use variants for a sit-down restaurant
thank you MI 2025 001 212 1344 East Luzerne Street I vote yes Michael Johns my vote is yes
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Iowan, my vote is yes.
Thank you.
Thank you so much.
Thank you.
Vern, number 6, 14, and 16, right?
Yes, sir.
Number six is MI 2025-002-789-5820-Overbrook Avenue.