context, here's an aerial, excuse me, here's a frontage photo of the property. If you're standing
on the corner of park and dolphin this is the property in question here
right on the corner and this is if you're standing along dolphin um and you look at the profile of
the property you can see the elevation as you can see it's a fairly large single family home
um and you can see that it extends back and it has this rear garage addition um
that will be part of the entrance upon redesign. Here's a better shot of the rear addition to the
property that's in existence that we want to redesign for entrance into the salon that's being
proposed. Now due to the size and location of this property, it's not uncommon in this area
for there to be commercial uses on the ground level. In fact, across Dauphin and across
excuse me, park there, there were historically commercial uses on the ground floors and into
the basement levels. What you're looking at now is our is the zoning plan that kind of shows the
site plan, you'll see that we upon renovation of that space, we will be removing the existing curb
cut that's there. I would see adding a legal street back onto the street, which we believe
is a benefit. Rehabbing the existing space so it can be an entrance into the basement salon space.
As you can see, signage is not part of this application currently, but you can see sort
of the branding going on for what is intended with the space. Now, I'm pleased to say because
this is a family home, Ms. McNeil was able to obviously be able to engage at a higher level
with the community members that live in the immediate area. I'm happy to say that, excuse
me, let me zoom back in here. I'm happy to say that we obtained signatures of support
um signatures of support by the immediate neighbors on the block as you can see um we have
by the immediate neighbors on the block.
signatures up and down park avenue including the immediate adjacent neighbors um i believe she has
about 20 18 or 20 signatures in addition to that we did meet with the community group the uptown
entertainment and development corporation i'm pleased to report that we have a letter of support
from the community group as well, recognizing Mrs. McNeil's intention to keep this family,
excuse me, to keep this property in the family and find a productive use for a basement that is
suited for some sort of commercial use, as was historically across the street on both sides of
the property. And so with that, with the support of the near neighbors, with the support of the
community group. We believe that this is a variance that is appropriate for the site,
does not take away from the character of the neighborhood. In fact, because the intention
is to be a community salon that's geared towards the immediate neighbors. And in addition to that,
how some sort of programming and mentoring services that Ms. McNeil can speak to more
specifically towards young people in the neighborhood who wants its jobs, we believe
that this is will be de minimis nature and have little to no adverse effect on the community.
And with that, unless the board has any specific questions for me, I'll ask if Miss McNeil
could raise a hand and be recognized to adopt and affirm my testimony and provide any anything
added.
Ms. McNeil, you can unmute yourself and please wait for the chair.
okay miss mcneil good afternoon please identify yourself for the records by your first and last
name good afternoon my name is samira mcneil s-a-m-e-e-r-a-h-m-c-n-e-i-l-l
you swear if i'm going to tell the truth the whole truth for nothing but the truth
yes thank you please proceed thank you mr chair miss mcneil did you hear the testimony that i
just provided to the board this afternoon? Yes. Do you affirm the truth of the testimony and adopt
it as your own? Yes. Was there anything that you would like to add to the board?
Just that this is a dream of mine. This is a neighborhood in which I was actually born and
raised. This house was given to me by my grandmother. This house has been in my family
for almost 100 years, and I just want to keep the legacy going
and be able to open up a small business
and be able to attain my dream.
Thank you, Mr. Chair.
That concludes our primary presentation.
Does the board have any questions?
No, Mr. Chair.
Is there anyone else that would like to speak in this matter?
Chair, we have Sean Whaley.
Thank you.
Yes, Chairman.
I don't know if you can hear me at this point.
I actually had a question on the prior case.
I was kicked off the hearing.
So I'm not speaking about this matter.
I just.
Anyone else?
I see no handshare.
Thank you. Planning Commission.
Good afternoon.
My name is Greg Waldman for Planning Commission staff.
This property is indicated for residential multifamily use on the city plan.
Our adopted district plan recommended no change to existing residential multifamily zoning
at this location.
This parcel is not dissimilar to nearby corner properties, so in commercial mixed use.
Do not believe that the proposed use would alter the essential character of the neighborhood.
accordingly we recommend that the requested variances be granted thank you calendar number
mi 2021-002205 2265 north park avenue uh my vote is yes thomas holliman my vote is yes
James Snell, my vote is yes.
Thank you very much.
Calendar number MI 2021-002-634-326, Rocksboro Avenue.
Ms. Pritzker is coming back in as a panelist.
Thank you, Ms. Pritzker.
Good afternoon.
Please identify yourself for the record.
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.
Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K.
Thank you. You agree to waive. Was you here this morning?
I was, but just for a continuance.
Okay. You swore a friend to tell the truth, the whole truth, and nothing but the truth?
And do you agree to waive the reading of its refusal or stipulate to attackers?
And have you emailed an exhibit packet with the required documents, proof of ownership,
proof of tax compliance, copy of the refusal or referral, folders and plans five days prior
to this hearing?
And have you met with the RCO and have a letter?
Thank you.
Please proceed.
Thank you.
I'm going to share my screen.
Can you see my screen?
Okay, so this is 326 Roxborough Avenue.
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.
All of these refusals were generated because the property, although it's been a restaurant since at least 1936,
um it is zoned rsa3 so as a result any extension um to the use would trigger a variance as the
board's well aware rsa3 is a very restrictive residential zoning classification and all this
is a long-standing corner property that has been a restaurant for decades um it has not been
remapped uh adequately and so um we are just trying to extend the existing restaurant to
accommodate additional seating, change the apartment use above to an office space, which
will be a less impactful use than apartments, and just to provide additional space for this
restaurant to continue operating, especially during the current climate. I'm just going to go
through tax clearance deed. So as the board can see on my screen, this is a large corner property
on Roxborough Avenue and Larson Street. And again, it's been a longstanding restaurant
since 1936. The city has archives for. A variance was also granted legalizing all the uses on the
property by the Zoning Board of Adjustment in 1960. So nothing really changing except just expanding
this existing use to utilize the additional space in the building and provide for an office space.
This is the building as you can see. We obviously have a hardship in that anytime you want to expand
anything and the base zoning is RSA 3 or any restrictive zoning classification that doesn't
align with the actual use of the building, you trigger a variance if you're to exceed more than
10%. So in this case, that would maybe allow us to expand into another bathroom, but nothing
enough to provide additional seating and an office space. Additionally, compliance with the zoning
code would require a demolition of the entire interior of this building to build a single
family home, which would eliminate this amenity in the neighborhood. And especially now when
restaurants are especially trying to survive, would not be ideal for a number of reasons.
This is just the outside of it. Side view.
This is the interior of the space. Just to show what we're converting above, as you can see,
was apartment spaces. And again, just going to convert this to an office and additional space
for the restaurant. This is just showing that the building has been an existing restaurant
and has been legalized by the city. There was an addition to the property. And so again,
the use registration that you see under it shows that this is an existing sit-down restaurant and
again, can't expand more than 10% without a variance. Again, older permits that you have
in your packet. We met with the Central Roxburgh Civic Association back in August. We also met
with the near neighbors a couple of times. More recently, closer to the prior hearing
on this case that was continued given technical difficulties. And the RCO letter that they
provided, there was 110 attendees. If you scroll down to the vote of the letter.
If you scroll down to the vote of the letter, basically it says there was 44 in support and 17 against.
So obviously there was a large majority of support for the project.
Many people believe that this was, you know, has been a good use in the neighborhood.
A lot of people visit this restaurant. And again, it's been a restaurant for a very long time.
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.
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.
nightly, removing sofas and picnic tables on the Roxborough Avenue side permanently so that
none of that noise carries as much, stop seating customers outside at 9 p.m. Sunday through
Wednesday, stop seating at 10 p.m. Thursday to Saturday, canceling karaoke because some of the
music was a concern, setting the jukebox volume to limit raising music and set it. We obviously
they've already done this once, but again, we'll set a meeting with the entire staff to go over
all the neighborhood concerns so that the staff can be really well aware of it and do anything
to minimize the issues in the future. Again, I just want to make it obviously known that at the
end, despite this long-winded letter and asking for a continuance last, which they were ultimately
able to obtain because I couldn't get on my computer, there were 44 votes in support of this.
Um, so that's a vast majority.
Um, and again, we did meet with the directly adjacent near neighbors.
I even emailed them a number of times since went back and forth.
And I have not heard from the head of the RCO, um, or received any additional letter,
but I think that this does a good job stating kind of the position of the community.
Um, I'm going to stop sharing my screen.
Um, if I could bring on my client chairman, um, to swear in my testimony,
that would be Khalil Meir. He should be able to raise his hand.
Mr. Meir, please identify yourself for the records by your first and last name.
Yes, hi. Khalil Meir, K-A-H-L-I-L. Last name is Meir, M-I-R.
You sure are firm to tell the truth, the whole truth, for nothing but the truth?
Yes, I do.
Thank you. Please proceed.
Khalil, have you heard my testimony today in front of the board?
Yes, I have.
Do you believe it to be true and accurate to the best of your knowledge, and do you adopt it as your own?
Yes, I do.
Feel free to share anything else you'd like with the board.
Keep it brief if you can.
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.
One of the neighbors is on the Zoom call, Mike.
uh as far as as far as what i have to say yeah we're just we're trying to get an office space
which we do not have um we would like to you know have more space for private parties we've
been in the neighborhood for over seven years now um and uh we've had never had any real real
issues there's two neighbors that you know aren't happy with us for whatever reason but we've we've
Tried to, you know, make them happy with, you know, different things and doesn't seem to work.
But all in all, like we just had a block party a couple of months ago and the entire neighborhood came out.
So, you know, we try we were there to make the neighbors happy and have them have a place to enjoy.
And that's it. Mike is on the line. Thanks, Khalil. Yep.
Thank you. Is there anyone else that would like to testify on this matter?
yeah hi i've raised my hand this is mike smayhal
for yourself by your first and last name please michael smayhal m-i-c-h-a-e-l s-m-a-h-o-l
i'm a resident on the loriston side at 4336 loriston street um i've worked with roger and
Khalil on organizing firm to tell the truth the whole truth for nothing but the truth I do
thank you um yeah I've I've been on the street for nine years at 43 36
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.
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.
It's a it's a good community spot for gathering and having meetings and things like that.
As Khalil mentioned, we had a block party and Hiltown was very generous with helping us organize the block party.
They paid for one of the bounce houses. We had multiple bounce houses on the street.
It was really a great day for the kids in the community.
They helped us with letting us order food through Restaurant Depot.
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.
And anytime we've ever had any issue on the street, they've been willing to help.
So I see no real issue with them expanding into an office space.
The space is kind of crunched as it is right now.
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.