Last name Bednar, B-E-D-N-A-R.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
While this property is currently indicated for residential under city plan, given documented use history, I recommend the request for variance for granted.
Thank you. MI 2022-001-771-2641 York Street. I vote yes with proviso. Interior trash storage, commercial trash pickup, no outdoor seating, hours of operation Monday to Saturday, 10 a.m. to 6 p.m.
closed on Sunday, no household living.
Thomas Holloman, my vote is yes with provisos.
James Snell, my vote is yes with provisos.
Thank you, Mr. Masters.
Thank you so much.
Number one, MI 2022-005.
Excuse me, Mr. Chair, just one second.
I just wanted to note for the record that our alternate board member had to leave,
So just just so everybody is aware. Thank you. Thank you very much.
Number one, MI 2022-005-740-115 West Lehigh Avenue. John Taylor is the attorney. There's a letter of support from HACE and a letter of non-opposition from Council Member Lozada.
There's also the applicant has submitted a petition in support signed by numerous neighbors.
Mr. Taylor.
John Taylor, can you raise your virtual hand?
I did see him, Chair.
I'll promote him now.
Mr. Taylor?
Mr. Taylor?
He's muted, Chair.
He's been promoted.
John Taylor, can you unmute yourself, please?
He's unmuted.
Mr. Taylor?
Looks like he's having technical difficulties.
There he is.
Hi, Mr. Taylor.
Mr. Taylor, could you?
We can't hear you.
Could you hear me?
Yeah, I hear you now.
Could you please state your name and spell for the court stenographer?
Good afternoon.
John Taylor, J-O-N-T-A-Y-L-O-R for the applicant.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client in a relationship to this property?
My client, Mr. Delorbe, is to the right of me.
He is the principal of the owner of the property, Delorbe and Sons Incorporated.
And Mr. Holloman has a few questions for you, sir.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I do, only with the one reservation that this property has been historically used as a takeout sit-down restaurant for many years, almost 40 years at this point.
okay did you email all the exhibits and documents as required five days in advance to this hearing
yes i did thank you please proceed and share your screen
all right excellent
all right excellent is the board able to see my screen we can excellent all right so this is the
rco presentation for 115 west lehigh avenue philadelphia pennsylvania to begin i'd like to
show the refusal basically this was an application for a sit-down restaurant and for a proposed
warehouse space specifically on the second floor this was in the legalization of an existing use
that has been going on since 1989. this restaurant is located on the commercial corridor of lehigh
avenue across the street from episcopal hospital i'd like to show you the application for appeal
which was submitted prior to my representation here's a copy of the initial poster
photograph of the initial poster
was posted on all sides of the building it's a corner building on lehigh avenue
this is the reposting for today's hearing
again it's on the front of the building as well as the side of the building
this is the deed of the property demonstrating that my client is the owner of the property
the lower bay and sons incorporated has been the owner since 2021 he actually was also operating
the business before that date now this is an aerial map I'd like to show a picture of Lehigh
avenue it's a main thoroughfare well known in the city of philadelphia i'm circling the restaurant
right now did you turn that is it possible you could turn it yeah let me do my let me let me
try to do that
All right. We see it. We see it. We see it.
Again, this is down the street from the restaurant. That's Episcopal Hospital.
Many customers visit the restaurant from Episcopal Hospital during the working hours.
This is the zoning map. If you see this X marks the spot.
This is where the restaurant's located. It's across the street from CMX2.
And next to a CMX-1, if you notice the purple spot, there's actually a gas station right there.
Again, here's the restaurant.
Here's the side of the restaurant.
This is behind the restaurant.
There's actually an automobile garage.
This is the adjacent property.
It's the residential property.
Further down the street, there's a supermarket called Finefair Supermarket.
Right next to the restaurant is actually this gas station, a Liberty gas station.
Across the street are some commercial buildings.
Should be noted that there's a great deal of parking across the street, and there's parking in front of the as well.
Here are some interior photographs of the first floor.
It's about 1,200 to 1,300 square feet.
Very nice establishment.
I actually ate there myself.
Good food.
there's another picture of the interior of the building
this is the back where there's some seating
there's a restroom now i'm showing you pictures of the second floor
second floor is used for storage here are some of the storage
items that are stored in the second floor here's the basement
it is also used for storage you notice there's a very big freezer
and another freezer
x marks the spot that's where the restaurant's located but if you notice there's many many
restaurants in this area another restaurant uh freddie and tony's is located there it's got
two locations this is actually a mecca for um latino food from the caribbean these are the
floor plans i want to go a little bit closer to these floor plans here
shows the layout of the structure here's the front serving area sit-down area bathrooms
and here's the kitchen where the food is prepared
again here's another floor plan it shows the basement
there's a cold room freezers upstairs serving area for the kitchen seating room
seating room you have one two three four four tops and the kitchen multiple sinks stove
You have one, two, three, four, four tops.
and the second floor which is used solely for storage nobody lives on the second floor
nobody's intended to live on the second floor
this is an interesting it shows the history of the property it shows that there are prior
and existing food prep permits assigned to this property here's an active one for scales and
scanners this is to my client de l'orbe and sons incorporated back in 2010 there was another food
prep and serving permit issued by the city of philadelphia ironically to my client this was
before my client was the record owner but when my client operated the restaurant again a restaurant
been operating here since the late 80s
2004 again look another food prep and servicing license okay this is the prior owner
miss milagros back in 2004.
and here's again here's the dumpster license again it's inactive but it's showing that this property
back in 2004.
Mr. Taylor, I think you've made your point.
Here's a tax certificate.
My client's taxes are up to date.
It's February 9th, 2024.
RCO notices.
I wasn't retained at this time,
but RCO notices were sent out.
And here's confirmations
that they were mailed out.
so you also have support from the RCO am I right we have support from the RCO there was
five votes in support
and zero votes against
and zero abstaining votes.
We have a neighbor's petition.
This is a
that conforms with
Lehigh Avenue. It's been a use
that's been over 40 years.
It will not impact
light in any way.
it will not impact congestion in any way again it's across a commercial corridor there's multiple
restaurants within that area it is next to a gas station is across from a commercial space
it is down the street from a hospital and is next to a supermarket it is a appropriate use
and um it should be the variance should be granted uh so why don't why don't you bring
your client on to adopt your testimony sure i would like you to introduce you to my client
Mr. DeLorbe?
Sir, could you state your name, please, and spell for the court's stenography?
Carlos DeLorbe, C-A-R-L-O-S, DeLorbe, D-E-L-O-R-B-E.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Mr. DeLorbe, did you hear the testimony or the statements that I made today to the Zoning Board of Adjustment?
Are the statements or testimony that I made today to the Zoning Board of Adjustments true and accurate?
Do you adopt my statements or testimony, what I said today, to the Zoning Board of Adjustment as your own?
Thank you.
Questions from the Board?
No, Mr. Chairman.
no chair questions or comments from our attorney hillary emerson
mr chair i just wanted to note that we also received a letter of non-opposition from
council member lazada yeah yeah um questions or comments from the virtual audience
no hands chair planning commission so ron bednar city planning while the property is currently
indicated for all residential on the city plan given the documented use history and physical
condition of the site we recommend the request from parents be granted provided that the second
floor not be approved for warehouse use only um okay so mi 2022 005 740 115 west lehigh avenue
I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
James Snell, my vote is yes.
Thank you, counsel. You have your votes.
Thank you, man. Be excused.
Yes, you can.
Number five, MI 2023-005-132-5234 Locust Street.
Michael Gumbel is the attorney.
So your council member Gautier has taken a position of support.
There's also a letter of support from House Speaker Joanna McClinton.
Michael Gumbel has been promoted.
Hi, Mr. Gumbel.
Could you please state your name and spell for the court stenographer?
Mike or Michael, M-I-C-H-A-E-L, Gumbel, G-U-M-B-E-L.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to this property?
Redemption Housing Incorporated, which is the owner of 5234 Locust Street.
And Mr. Holloman has a few questions for you.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?