civus
Hearing video

ZBA Hearing - November 2, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 2, 20214h 17m

context, here's an aerial, excuse me, here's a frontage photo of the property. If you're standing

Similar wording

on the corner of park and dolphin this is the property in question here

Similar wording

right on the corner and this is if you're standing along dolphin um and you look at the profile of

Similar wording

the property you can see the elevation as you can see it's a fairly large single family home

Similar wording

um and you can see that it extends back and it has this rear garage addition um

Similar wording

that will be part of the entrance upon redesign. Here's a better shot of the rear addition to the

Similar wording

property that's in existence that we want to redesign for entrance into the salon that's being

Similar wording

proposed. Now due to the size and location of this property, it's not uncommon in this area

Similar wording

for there to be commercial uses on the ground level. In fact, across Dauphin and across

Similar wording

excuse me, park there, there were historically commercial uses on the ground floors and into

Similar wording

the basement levels. What you're looking at now is our is the zoning plan that kind of shows the

Similar wording

site plan, you'll see that we upon renovation of that space, we will be removing the existing curb

Similar wording

cut that's there. I would see adding a legal street back onto the street, which we believe

Similar wording

is a benefit. Rehabbing the existing space so it can be an entrance into the basement salon space.

Similar wording

As you can see, signage is not part of this application currently, but you can see sort

Similar wording

of the branding going on for what is intended with the space. Now, I'm pleased to say because

Similar wording

this is a family home, Ms. McNeil was able to obviously be able to engage at a higher level

Similar wording

with the community members that live in the immediate area. I'm happy to say that, excuse

Similar wording

me, let me zoom back in here. I'm happy to say that we obtained signatures of support

Similar wording

um signatures of support by the immediate neighbors on the block as you can see um we have

Similar wording

by the immediate neighbors on the block.

Similar wording

signatures up and down park avenue including the immediate adjacent neighbors um i believe she has

Similar wording

about 20 18 or 20 signatures in addition to that we did meet with the community group the uptown

Similar wording

entertainment and development corporation i'm pleased to report that we have a letter of support

Similar wording

from the community group as well, recognizing Mrs. McNeil's intention to keep this family,

Similar wording

excuse me, to keep this property in the family and find a productive use for a basement that is

Similar wording

suited for some sort of commercial use, as was historically across the street on both sides of

Similar wording

the property. And so with that, with the support of the near neighbors, with the support of the

Similar wording

community group. We believe that this is a variance that is appropriate for the site,

Similar wording

does not take away from the character of the neighborhood. In fact, because the intention

Similar wording

is to be a community salon that's geared towards the immediate neighbors. And in addition to that,

Similar wording

how some sort of programming and mentoring services that Ms. McNeil can speak to more

Similar wording

specifically towards young people in the neighborhood who wants its jobs, we believe

Similar wording

that this is will be de minimis nature and have little to no adverse effect on the community.

Similar wording

And with that, unless the board has any specific questions for me, I'll ask if Miss McNeil

Similar wording

could raise a hand and be recognized to adopt and affirm my testimony and provide any anything

Similar wording

added.

Similar wording

Okay.

Similar wording

Ms. McNeil, you can unmute yourself and please wait for the chair.

Similar wording

okay miss mcneil good afternoon please identify yourself for the records by your first and last

Similar wording

name good afternoon my name is samira mcneil s-a-m-e-e-r-a-h-m-c-n-e-i-l-l

Similar wording

you swear if i'm going to tell the truth the whole truth for nothing but the truth

Similar wording

yes thank you please proceed thank you mr chair miss mcneil did you hear the testimony that i

Similar wording

just provided to the board this afternoon? Yes. Do you affirm the truth of the testimony and adopt

Similar wording

it as your own? Yes. Was there anything that you would like to add to the board?

Similar wording

Just that this is a dream of mine. This is a neighborhood in which I was actually born and

Similar wording

raised. This house was given to me by my grandmother. This house has been in my family

Similar wording

for almost 100 years, and I just want to keep the legacy going

Similar wording

and be able to open up a small business

Similar wording

and be able to attain my dream.

Similar wording

Thank you, Mr. Chair.

Similar wording

That concludes our primary presentation.

Similar wording

Does the board have any questions?

Similar wording

No, Mr. Chair.

Similar wording

Okay.

Similar wording

Is there anyone else that would like to speak in this matter?

Similar wording

Chair, we have Sean Whaley.

Similar wording

Thank you.

Similar wording

Yes, Chairman.

Similar wording

I don't know if you can hear me at this point.

Similar wording

I actually had a question on the prior case.

Similar wording

I was kicked off the hearing.

Similar wording

So I'm not speaking about this matter.

Similar wording

I just.

Similar wording

Okay.

Similar wording

Anyone else?

Similar wording

I see no handshare.

Similar wording

Thank you. Planning Commission.

Similar wording

Good afternoon.

Similar wording

My name is Greg Waldman for Planning Commission staff.

Similar wording

This property is indicated for residential multifamily use on the city plan.

Similar wording

Our adopted district plan recommended no change to existing residential multifamily zoning

Similar wording

at this location.

Similar wording

This parcel is not dissimilar to nearby corner properties, so in commercial mixed use.

Similar wording

Do not believe that the proposed use would alter the essential character of the neighborhood.

Similar wording

accordingly we recommend that the requested variances be granted thank you calendar number

Similar wording

mi 2021-002205 2265 north park avenue uh my vote is yes thomas holliman my vote is yes

Similar wording

James Snell, my vote is yes.

Similar wording

Thank you very much.

Similar wording

Calendar number MI 2021-002-634-326, Rocksboro Avenue.

Similar wording

Ms. Pritzker is coming back in as a panelist.

Similar wording

Thank you, Ms. Pritzker.

Similar wording

Good afternoon.

Similar wording

Please identify yourself for the record.

Similar wording

Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia PA-19103.

Similar wording

Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K.

Similar wording

Thank you. You agree to waive. Was you here this morning?

Similar wording

I was, but just for a continuance.

Similar wording

Okay. You swore a friend to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

And do you agree to waive the reading of its refusal or stipulate to attackers?

Similar wording

Yes.

Similar wording

And have you emailed an exhibit packet with the required documents, proof of ownership,

Similar wording

proof of tax compliance, copy of the refusal or referral, folders and plans five days prior

Similar wording

to this hearing?

Similar wording

Yes.

Similar wording

And have you met with the RCO and have a letter?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

Thank you.

Similar wording

I'm going to share my screen.

Similar wording

Can you see my screen?

Similar wording

Yes.

Similar wording

Okay, so this is 326 Roxborough Avenue.

Similar wording

As the board can see, this is an application for the extension of an existing sit-down restaurant to the second floor for an accessory office on the third floor of an existing structure.

Similar wording

All of these refusals were generated because the property, although it's been a restaurant since at least 1936,

Similar wording

um it is zoned rsa3 so as a result any extension um to the use would trigger a variance as the

Similar wording

board's well aware rsa3 is a very restrictive residential zoning classification and all this

Similar wording

is a long-standing corner property that has been a restaurant for decades um it has not been

Similar wording

remapped uh adequately and so um we are just trying to extend the existing restaurant to

Similar wording

accommodate additional seating, change the apartment use above to an office space, which

Similar wording

will be a less impactful use than apartments, and just to provide additional space for this

Similar wording

restaurant to continue operating, especially during the current climate. I'm just going to go

Similar wording

through tax clearance deed. So as the board can see on my screen, this is a large corner property

Similar wording

on Roxborough Avenue and Larson Street. And again, it's been a longstanding restaurant

Similar wording

since 1936. The city has archives for. A variance was also granted legalizing all the uses on the

Similar wording

property by the Zoning Board of Adjustment in 1960. So nothing really changing except just expanding

Similar wording

this existing use to utilize the additional space in the building and provide for an office space.

Similar wording

This is the building as you can see. We obviously have a hardship in that anytime you want to expand

Similar wording

anything and the base zoning is RSA 3 or any restrictive zoning classification that doesn't

Similar wording

align with the actual use of the building, you trigger a variance if you're to exceed more than

Similar wording

10%. So in this case, that would maybe allow us to expand into another bathroom, but nothing

Similar wording

enough to provide additional seating and an office space. Additionally, compliance with the zoning

Similar wording

code would require a demolition of the entire interior of this building to build a single

Similar wording

family home, which would eliminate this amenity in the neighborhood. And especially now when

Similar wording

restaurants are especially trying to survive, would not be ideal for a number of reasons.

Similar wording

This is just the outside of it. Side view.

Similar wording

This is the interior of the space. Just to show what we're converting above, as you can see,

Similar wording

was apartment spaces. And again, just going to convert this to an office and additional space

Similar wording

for the restaurant. This is just showing that the building has been an existing restaurant

Similar wording

and has been legalized by the city. There was an addition to the property. And so again,

Similar wording

the use registration that you see under it shows that this is an existing sit-down restaurant and

Similar wording

again, can't expand more than 10% without a variance. Again, older permits that you have

Similar wording

in your packet. We met with the Central Roxburgh Civic Association back in August. We also met

Similar wording

with the near neighbors a couple of times. More recently, closer to the prior hearing

Similar wording

on this case that was continued given technical difficulties. And the RCO letter that they

Similar wording

provided, there was 110 attendees. If you scroll down to the vote of the letter.

Similar wording

If you scroll down to the vote of the letter, basically it says there was 44 in support and 17 against.

Similar wording

So obviously there was a large majority of support for the project.

Similar wording

Many people believe that this was, you know, has been a good use in the neighborhood.

Similar wording

A lot of people visit this restaurant. And again, it's been a restaurant for a very long time.

Similar wording

The other concerns that were mentioned by the RCO were really just related to the directly adjacent near neighbors, three of which we met with and proposed this list after that meeting, proposed this list of provisos that we would be willing to have or things that we would be willing to enforce in order to address any concerns around noise.

Similar wording

Again, it's been an existing bar and restaurant for decades, and so most of these folks were aware of that when they purchased their home or moved back into these homes, but we did want to be good neighbors and try to provide some ways in order to help address their concerns, such as closing windows at 8 p.m.

Similar wording

nightly, removing sofas and picnic tables on the Roxborough Avenue side permanently so that

Similar wording

none of that noise carries as much, stop seating customers outside at 9 p.m. Sunday through

Similar wording

Wednesday, stop seating at 10 p.m. Thursday to Saturday, canceling karaoke because some of the

Similar wording

music was a concern, setting the jukebox volume to limit raising music and set it. We obviously

Similar wording

they've already done this once, but again, we'll set a meeting with the entire staff to go over

Similar wording

all the neighborhood concerns so that the staff can be really well aware of it and do anything

Similar wording

to minimize the issues in the future. Again, I just want to make it obviously known that at the

Similar wording

end, despite this long-winded letter and asking for a continuance last, which they were ultimately

Similar wording

able to obtain because I couldn't get on my computer, there were 44 votes in support of this.

Similar wording

Um, so that's a vast majority.

Similar wording

Um, and again, we did meet with the directly adjacent near neighbors.

Similar wording

I even emailed them a number of times since went back and forth.

Similar wording

And I have not heard from the head of the RCO, um, or received any additional letter,

Similar wording

but I think that this does a good job stating kind of the position of the community.

Similar wording

Um, I'm going to stop sharing my screen.

Similar wording

Um, if I could bring on my client chairman, um, to swear in my testimony,

Similar wording

that would be Khalil Meir. He should be able to raise his hand.

Similar wording

Mr. Meir, please identify yourself for the records by your first and last name.

Similar wording

Yes, hi. Khalil Meir, K-A-H-L-I-L. Last name is Meir, M-I-R.

Similar wording

You sure are firm to tell the truth, the whole truth, for nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Thank you. Please proceed.

Similar wording

Khalil, have you heard my testimony today in front of the board?

Similar wording

Yes, I have.

Similar wording

Do you believe it to be true and accurate to the best of your knowledge, and do you adopt it as your own?

Similar wording

Yes, I do.

Similar wording

Feel free to share anything else you'd like with the board.

Similar wording

Keep it brief if you can.

Similar wording

And I don't know if you had other folks on the call to testify, but they would need to raise their hand at this point.

Similar wording

One of the neighbors is on the Zoom call, Mike.

Similar wording

uh as far as as far as what i have to say yeah we're just we're trying to get an office space

Similar wording

which we do not have um we would like to you know have more space for private parties we've

Similar wording

been in the neighborhood for over seven years now um and uh we've had never had any real real

Similar wording

issues there's two neighbors that you know aren't happy with us for whatever reason but we've we've

Similar wording

Tried to, you know, make them happy with, you know, different things and doesn't seem to work.

Similar wording

But all in all, like we just had a block party a couple of months ago and the entire neighborhood came out.

Similar wording

So, you know, we try we were there to make the neighbors happy and have them have a place to enjoy.

Similar wording

And that's it. Mike is on the line. Thanks, Khalil. Yep.

Similar wording

Thank you. Is there anyone else that would like to testify on this matter?

Similar wording

yeah hi i've raised my hand this is mike smayhal

Similar wording

for yourself by your first and last name please michael smayhal m-i-c-h-a-e-l s-m-a-h-o-l

Similar wording

i'm a resident on the loriston side at 4336 loriston street um i've worked with roger and

Similar wording

Khalil on organizing firm to tell the truth the whole truth for nothing but the truth I do

Similar wording

thank you um yeah I've I've been on the street for nine years at 43 36

Similar wording

Yeah, I've been on the street for nine years at 4336 Lauriston. I saw the place that was there before that. And Roger and Khalil have done a great job kind of expanding the property and bringing an amenity to the neighborhood.

Similar wording

I know that almost all the neighbors on the street on my side of the street are happy and frequent the establishment, you know, multiple times a week.

Similar wording

It's a it's a good community spot for gathering and having meetings and things like that.

Similar wording

As Khalil mentioned, we had a block party and Hiltown was very generous with helping us organize the block party.

Similar wording

They paid for one of the bounce houses. We had multiple bounce houses on the street.

Similar wording

It was really a great day for the kids in the community.

Similar wording

They helped us with letting us order food through Restaurant Depot.

Similar wording

And I've personally seen the efforts of closing the windows and doors at 8 p.m. instead of 10 p.m. per the noise ordinance.

Similar wording

And anytime we've ever had any issue on the street, they've been willing to help.

Similar wording

So I see no real issue with them expanding into an office space.

Similar wording

The space is kind of crunched as it is right now.

Similar wording

So giving them the ability to kind of prep food upstairs and have an office space would be beneficial for them as they do a good business down the street.

Similar wording