can share your screen and proceed with your case thank you may I have access to
screen share here we go
Mr chairman and members of the board we have had the privilege of appearing before this zoning board of adjustment several times in the past, although I recognize that several current board members were not here when we were last before the board.
north bowl uh is located on second street in northern liberties and i think it's fair to say
that it's a beloved institution an integral part of the fabric of the community you can see
in this aerial photograph on the screen where my cursor is that there is a structure that's set
back and in the front is an open area that open area has been the site of seasonal outdoor
activities primarily from april to october and those outdoor activities have been in conjunction
with the organized community it has been part of second street festivals we've worked with
the Coordinating RCO, Northern Liberty Neighbors Association, and with others. And as we were
sitting here this morning, Arone mentioned to me that North Bowl will be celebrating its 20th
anniversary in the neighborhood this year. So it really is an important part of the community.
Why are we here? We have had a series of temporary variances for the outdoor activities,
which we would like to make permanent and we've worked closely with the coordinating RCO on that
which I'll get to momentarily but the outdoor activities themselves it's relevant to mention
predate the pandemic when many of us became aware of the importance of both indoor and outdoor and
uh livening up the streetscape for many reasons being active participants in the community
so i i wanted to share that somewhat lengthy background with you uh regarding what brings
us here today here you can see some photographs for context on the right you can see just behind
the trees uh the the letters b-o-w-l for north ball and to the left the black and white stripes
is the chess cafe banquet hall that some of you may have been at since that has also become a
Philadelphia institution completely unrelated you can see that on the left here's a photograph
sort of bird's eye I would say from our structure looking down on the outdoor area and across the
street to give you some additional context and uh here is a photograph from a pedestrian's viewpoint
walking along the sidewalk in front of north bull
to the right here is uh one of the uh seasonal um uh structures of uh so in in cold weather like
this it would not be used but in warm weather it opens up and it becomes a place for drinks
and snacks in addition to the games that take place in the outdoor area
and one more photograph of streetscape
the existing zoning approval the last one that was approved by this board dates to 2023
and again we're not here for the existing north bowl use the indoor use which is bowling and
food and entertainment that's been there for a long time although we're happy to talk about it
We're really focusing on the outdoor. And this zoning board, through a decision that resulted in this permit dated March 22nd, 2023, provided for a three-year temporary permit expiring this coming April 1st for the outdoor use with some provisos that we have honored.
And in fact, in what's before you today, in working with Northern Liberty Neighbors Association, to, I would say, to balance the residential and the commercial, the provisos, the conditions that we have agreed to, regardless of what this board determines, become slightly more restrictive, actually.
And I need to also note that slightly more restrictive, not regarding any incidents that have taken place, but really based on the partnership that Iran has with the community and doing the right thing.
but really based on the partnership that aron has with the community and doing the right thing into
the future making sure that there's comfort on the part of the organized community to anticipate
to the best of its ability the unanticipated into the future so there are the old records and the
old refusal and and now i'd like to move if i may to conceptual renderings the application before
The board calls to permanently approve the prior Zba approval, including the erection of a tourist outdoor patio area, a pavilion and shading canopy.
So on the left, you can see that when we talk about the pavilion, it is open.
you see it when you're walking by you're invited in it's not a closed space it's it's what we're
all longing for right now in terms of warm outdoor weather but uh it's it's the vibrancy
of uh second street but within the property line and here you can see uh a uh aerial uh rendering
of what hopefully I've described for you to give you a sense of the different spaces there.
So as previously presented to the board, the outdoor areas have been used for several years
during warm weather months for outdoor bocce, dining, the seasonal bar, and that was what I
had shown you closed up. It's actually a shipping container. It's a creative use of a shipping
container on the right you can see it in the in the green in this concept um and this had previously
been going back years now a parking area um and this this is embraced by the community so what
had once been six parking spaces plus a handicap parking space pre-covered is now uh used um
and we believe more of a highest and best use uh that has has been embraced in a really creative
way the project as i mentioned has been supported by a northern liberty neighbors association
uh council member mark squilla has also submitted to the zoning board i confirmed with ms emerson
uh the council members uh position of non-opposition which effectively supports
the organized community and the nlna letter uh has certain agreed upon conditions that the outdoor
occupancy uh would be for 50 people whereas last it was 60. uh far more would be permitted uh
But there is an agreement that has been honored in place, and that is for regular events.
Now, Second Street Festival, there are, I don't want to get into the nitty-gritty unless the board wishes, but Second Street Festival, for example, which is an annual festival, there's a carve-out, which actually NLNA would like to have.
I mentioned that the use of the outdoor space would be April to October, which is in keeping with prior ZBA granting of temporary relief. Games would stop at 8.30, outdoor music to end at 10 p.m. Sunday through Thursday, 11 p.m. Friday and Saturday.
And any outdoor speakers will be positioned towards the existing structure, towards the existing north bulb.
Six outdoor performances are contemplated as a maximum per year.
And then also, in an additional effort to address the interests of the nearest of neighbors, indoor music within the long-existing North Pole would end at midnight with soundproofing.
Also, Aron has committed to on-site security.
the notice of refusal that the board has in its file addresses the extension of the previously
approved assembly and entertainment use which is prohibited under the North Delaware Avenue
overlay district the existing assembly entertainment has this 20-year reputation
which we mentioned and the request before the board for the extension is in response
to neighborhood requests, and I would say an unofficial partnership for this outdoor component.
Also, LNI has identified the necessity of the occupied area variants being 88% proposed
versus 75% permitted for the open structures that I shared with you in the conceptual plans,
and i can share with you momentarily in more detailed zoning plans i would i would submit that
more detailed zoning plans i would i would submit that this is technical in nature and concerns the
this is
placement of the bar structure in the former parking lot also there is the parking refusal
as there had been before to document and confirm the permanent removal of the prior accessory
parking the documents that are in the file show the prior temporary approvals that uh
were deemed appropriate for the desired outdoor community building use this has been extensively
reviewed at the community level here we have the zoning site plan and i'll show you elevations
on the left you can see and i know it's difficult to see with the broad overview but just for a
moment on the left is the proposed site plan and on the right is the existing we're only talking
about those open structures in the front and actually it's really quite similar in almost
every aspect because we're taking temporary making it permanent with some minor i would say
modifications based on knowing how the property has been used here you can see elevations which
are really showing the compliant fencing being reinstalled and you can see the shading area and
the pavilions for example this is not the technical zoning site plan but a almost like a floor plan
it's showing you an outdoor layout of tables and chair areas and again we have committed to the 50
maximum so you're seeing in terms of actual bodies but there is room to move around
communal tables and things will have flexibility for games for tables and chairs and benches to
be moved you won't have as much flexibility with over here with the bar area and of course the
shaded coverings but actually under the shaded coverings you do have flexibility to move around
as well. Mr. Chairman and members of the board we believe that the authorization of variance relief
will not alter the character of the neighborhood or district or be detrimental to the public
welfare the documentation and confirmation of these uses and structures actually preserve
the character that has been built of this neighborhood and district a mixed-use nature of
vibrant second street the proposal fits into the surrounding neighborhood as evidenced by
the support of record and this speaks to the granted of relief being of benefit to the public
within the spirit of the zoning code the proposed variants would represent the minimum variance
that would afford relief and will represent the least modification possible of the regulation at
issue the zoning code which predates covid19 of course and the emergence of communal
ideas of general welfare healthy living and use of communal space indoor outdoor really speak to
this perhaps being a model for mixed-use communities the grant of variance relief will
not substantially increase congestion in the public streets increase the danger of fire
or otherwise endanger the public health safety or general welfare the agreed upon
conditions further support those statements. This will not adversely affect transportation
or unduly burdened water, sewer school park, or other public facilities. There are no
environmental issues. Mr. Daskal is here, and I would be happy to go over anything that we put
on the record. So why don't you state your name and spell it for the sonographer? Sure. My name
is Aron Daskal, first name O-R-O-N, last name D-Lake David, A-S-K-A-L. Right. Do you swear or affirm
to tell the truth, the whole truth, nothing but the truth? I do. Counsel? Mr. Daskal, you've been
present during the entirety of this proceeding before the Zoning Board of Adjustment. Would you
adopt and affirm the testimony that I've offered as your own? I do. Thank you. Questions from the
board. Yes, I'd like to hear your take on the community's concerns. Sure, Mr. Johns. We know
this community very well, and both I and Mr. Daskal know it well. I should note that Aron and
his growing family, his wife and children, live in the neighborhood.
growing family his wife and children live in the neighborhood and he is
completely accessible Larry Friedman who is one of the zoning co-chairs of NLNA
has really worked closely with us on on this matter and in past hearings before
the board on the temporary uh request uh there was some concern from nlna regarding what could
happen in the future what the unknowns would be mr jones and this time we sat down because there
really haven't been uh incidents uh at the at the property it's really a concern of what the future
can could hold and so we sat down together and i suggested that no matter what this board chooses
to do we could enter into a private binding agreement and we um that that really was the
best thing for the community and it was uh a easy discussion to have because that gave the assurances
that felt uncomfortable in terms of really forecasting the future.
Does that help to answer?
Well, to a certain degree, I guess I want to understand
what were their sort of major concerns about these future potential issues?
Potential noise, the music.
music some congestion and that was addressed right off the bat in the occupancy being 50
whereas the last zoning board approval was 60 and LNI occupancy loads could likely allow more
so on occupancy we believe we have uh addressed that concern and on music uh mr jones there was
little concern about the small number of annual events such as the second street festival
because most everyone believes that that is a benefit for the neighborhood and there's going
to be noise they're separate and apart from north bowl for that one time or a few times per year
that there are these special events but because it is a mixed-use neighborhood and there are people
who live in closer proximity how do we be good neighbors and a part of that is to very
specifically limit not only music ending, but the positioning of speakers and even games
outside, which might sound like that is not as big of an issue. But if you're a neighbor,
voices travel and things like that. I should also note in terms of coexisting in a mixed-use
community i did not specifically address the rear of this property there's potential access onto a
residential street long ago aron spoke to his neighbors and said we will not use that rear
street we recognize that second street is more of the commercial street and we are not looking to
interrupt the residential fabric and have, for example, deliveries coming in or employees taking
a break out there. So this is a property that fronts on two streets, but really is only using
a second street because of his partnership, if I may use that word, with his neighbors.
Thank you.
Thank you.
Other questions?
um yeah so my question is the the rco did have a lot of uh provisos um and you are agreeable uh to
the provisos um given the months of operation for the outdoor space is that something you're
agreeable to yeah we spent plenty of time working together okay and you willing to give up the
beloved Jenga. I didn't understand that one. I think what it is is games are okay, but sometimes
a cheer happens, and it's that cheer. We learned that we had bocce at one point, that we learned
that when five people cheer at one step, those were problems. So we eliminated those games,
and we said all right if we have to end games at nine o'clock it's really it we realize we're
within a community and like i said i walk my dog by by the business i'm there every day i see the
like i said i walk my dog by by the business i'm there every day i see the neighbors
NEIGHBORS.
um i want to keep the peace okay and i'm just curious um where where do you store your trash
in your in there um for your establishment because you're not using the rear for pickup
where does like where's your on the front so it will be in this parking lot as well yeah
sorry sorry um you want to pull up the site map and i can show you guys
it's hidden so if you look um on the top right corner uh yeah adam a little lower where the uh
transformer is there we have an area there with dumpsters and totes and that's behind
the fence with drainage and everything thank you other questions
questions from our attorney hillary emerson not at this time mr chair questions or comments from
the virtual audience for the audience here no hands at this time chair planning commission
thank you chairman and good morning david facto f-e-c-t-e-a-u with the city planning commission
do you swear or firm to tell the truth the whole truth nothing but the truth yes sir i do
So please proceed. Thank you, sir. And sir, I came with a question for clarification, if that's okay. Sure. Um, uh, so Mr. Laver, um, the site plan shows the demolition of, uh, of a wheelchair ramp. Um, but it wasn't 100% clear where that's going to be replaced.
I'm going to pull up the plan for a moment. Sure.
yes please Mr Daskal um so the existing ramp there's some level issues here uh on the site
and if you look on the left hand side along with Chess Cafe there all in the land that's where the
new ramp is put in and connects to the uh existing ADA ramp nice thank you sir I appreciate that
um so chairman and board members the comprehensive plan recommends no change to the CMX3 commercial
mixed-use zoning at this location the city rezoned this neighborhood in 2014 in accord with
recommendations in the comprehensive plan the proposed variances largely reflect existing
conditions the city planning commission recommends that the board grant the proposed use variance for
assembly entertainment the variance for not providing accessory off-street parking and the
proposed dimensional variance for maximum occupied area. Thank you. So MI 2025 004 391 909 to 15
North 2nd Street. I vote yes and the provisos that our council believes to be enforceable.
Use of outdoor space from April to October only. Maximum six outdoor music performance per calendar
year and indoor live music must end by 12 a.m johnson my vote is yes with provisos
cheryl gaston my vote is yes with provisos tanetta graham my vote is yes with provisos
ryan mcadams my vote is yes with provisos my vote is yes with provisos thank you mr chairman
and members of the board just one uh statement to anyone listening from the community uh please
know that Mr. Daskal will abide by all of the commitments that he has made with NLNA. Thank you
all. Thank you. Thank you. Thank you. Number 10, MI 2025 004255, 5601 Hunter Street. Vern Anastasio
is the attorney. They're being promoted to panelists. Thank you.
morning mr chair good morning counsel you've already been sworn in could you just state your
name for the record yeah it's verne anastasio on behalf of mr ralph bonhomme right our vice
chair has a few questions thank you good at good morning um have you submitted your documents and
exhibits five days in advance of this hearing yes i have and do you waive the reading of the
refusal and stipulate to its accuracy i do okay thank you you can share your screen and proceed
with your case
okay should be up yes sir excellent all right so we have a 41 page
Yes, sir. Excellent. All right. So we have a 41 page exhibit packet, 5601 Hunter Street is zoned RSA 5, but it is a long history since 1963 of a residential mixed use.
It's always been 2 units and we'll show you the, as you can see here.