ZBA Hearing - August 18, 2021

Planning Commission? Thank you, Chairman DeChico, members of the board, Ian Hegarty for the Philadelphia

City Planning Commission. The comprehensive plan recommends no change to the existing residential

zoning at this location. However, the proposed use is consistent with documented previous uses

on the property and with the building itself. The City Planning Commission recommends that the

board grant the variance. Thank you. MI 2021, that's 001576, 2901 North Bonsall Street.

My vote is yes with a proviso trash to be stored indoors. Professor Plaza, yes with proviso. James

Snell, yes with proviso. Thomas Holloman, yes with proviso. Thank you all. I believe that completes

the 9 30 list has anyone been left out if so please raise your hand

i have a calling user chair uh okay let's see who it is oh no that was just who we had

right oh okay okay i'm sorry sorry no hands here all right no no worries thank you uh any

unfinished finished business tanya

i believe that's all chair okay see everyone back at two o'clock

thank you see you later bye-bye thanks everybody all right see you

we're recording

thank you um we'll give tanya and jason a few minutes you'll let us know when you're ready

we are ready now chair very good thank you good afternoon again everyone my name is frank

DiCicco. I'm the chair of the Zoning Board of Adjustment. I'll be participating in today's

hearing along with our board secretary, Confessor Plaza, and board members, Mr. Thomas Holloman

and Mr. James Snell. Board Administrator, Jason Hand, and our board attorney, Ms. Melissa Freeman,

are also in attendance along with our Zoning Board Administrator, Ms. Tanya Sunkett.

For those of you who haven't yet participated in one of our virtual hearings, I'll go through

some of the basics of what you can expect. First, we will be administering oaths to

First, we will be administering oaths to individual participants prior to their testimony.

individual participants prior to their testimony.

Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded and that the recording will be made available on the web, to the public on the web or otherwise.

For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

I'll repeat.

For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue. I will repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

and i'd like to remind everyone please do not attempt to testify in the chat any questions

comments or issues of concern please direct them to our board administrator mr jason hand

With that, I will read off on the two o'clock list. Case number eight, MI 2020-002036, 539 North 22nd Street is withdrawn.

Case number 9 MI 2021-000027-9201 Busselton Avenue is continued.

If anyone disagrees with the withdrawal and the continuance that I just read into the record, please raise your hand at this time.

Only if you object to the withdrawal and or the continuance that I just read into the record.

I see no hands, Mr. Chair.

Thank you.

I will now ask if anyone would like to request a continuance or

withdrawal to raise your hand at this time.

If you'd like to request a continuance or withdrawal on the 2 o'clock list,

please raise your hand at this time.

again no hands at this time sir thank you jason uh with that we will begin with case number one

mi 2020-001789 1213-19 walmart street the attorney of record is mr ron patterson

there's a letter of non-opposition

from Washington Square West

someone by the name of Thomas Jefferson

University by something has to hand

raised do I allow him to speak

it's Ron Patterson you can go ahead

and promote him

he's been promoted to panelists

good afternoon Mr. Patterson

Please identify yourself, spell your name, and I'll swear you away.

Okay, thank you.

I don't know why it listed me as Thomas Jefferson, but we have the new Ronald Patterson, Claire Harrison Law Firm, 1835 Market Street,

but LPPA 19103 on behalf of the applicant, owner, and tenant.

We're a firm to tell the truth, the whole truth, and nothing but the truth?

I do.

Please proceed.

I don't know if Mr. Thane, T-H-A-N-E, Wright is here as well.

We can promote him while I'm speaking.

So if I can share my screen.

This application regards the building at 1213 Walnut Street,

fairly new building, as you may know about.

It is a 20-story building that has a mix of uses,

residential and commercial 344 single family dwelling units mr patterson uh one second

sorry to interrupt are you uh proceeding with your case yes please confess sir okay i'm sorry

i thought you was gonna ask for a continuous uh do you agree to waive the reading of its refusal

and stipulate to its accuracy i do and have you emailed an exhibit packet with the required

documents proof of ownership proof of tax compliance copy of the refusal or referral

photos and planned spot days prior to this hearing? I have, yes. And have you met with the RCO and

have a letter? I do. Thank you. Please proceed. Sorry about that confession. Yeah, sorry about

sorry about that confession uh yeah sorry about that as well uh so uh and so this application

that as well. So

regards uh the vegan commercial space on the first floor depicting here um right here

give you some more viewpoints of it

There's a view from this little walkway that goes between Walnut Street and the street in the back.

So here's the side of it. So the application is for a restaurant takeout because the property is located on Walnut Street.

it's subject to the zoning codes special control overlay district that requires that all restaurants

on the street as well as chestnut and south broad street i need special exception approval from the

board and so that's why we're here today um is mr wright here or eric as whisks

can you raise your hand sir

hello what oh here he is yeah mr wright please spell your full name

t-h-a-n-e w-r-i-g-h-t the j should not be in there you swear affirm to tell the truth the

whole truth, nothing but the truth? I do. Mr. Patterson? Oh, thank you. Hi, Thane. How are you?

Good, buddy. So you've heard what I stated so far. Would you agree it's true and accurate

and you would adopt it as your own testimony? Everything you said. Okay, thank you. So if

briefly, if you could, you know, explain to the board the nature of your business here and how

it's related to your Bauer Cafe at 10th and Spruce Street, particularly about the podcast

and things like that, just to give a flavor for what's going on here.

Okay.

So we're doing coffee, obviously, tea, pastries.

There's a toast program and there's a cured meat program.

The cured meat and the toast are married.

um we also have smoothies other tasteful items for takeout or dine-in um we have a podcast booth

that is going front-facing to walnut street which basically is there to provide a voice

for um the public so i know a lot of friends who have businesses that have not succeeded

through um the pandemic or have switched over their businesses to wholesale or closed down

altogether and it's not just the food industry it's um there's some doctors there are some

musicians there are some hair salons there are um yeah just a lot of people have voices who do

podcasts at home who don't necessarily want to do them at home so i have a booth that will be

available for rent and we will have our own podcast um that will probably air once one to

two times a month um about you know your every day um so so this is more of like a you call it

a neighborhood gathering place um did you let the board know uh you know the custom or cool

things about your menu yeah well um what do you mean uh repeat that question again the meats and

and the okay so yeah we use cured meat which is um definitely not what you see every day

um we do coffee and cured meats i don't make the cured meats in-house we purchase them

i have a friend um who has a shop in new york who's currently being switched over to usda

um i will be using his product but for now i'm using a local product until he is finished

um we sell it by the pound there's a long list of cured meats mainly beef and pork

um that you can purchase or eat on the toasts um we met through doing pig roasts in new york city

And I wrote a business program that is infusing coffee and cured meats.

Essentially, it's very European, but to make it basic, it's just coffee and food.

Great. So what is the days and hours of operation here?

What is the days and hours of operation here?

Well, to start, we've made...

Well, to start, we may run similar hours, 7 to 5, Monday through Friday, and then 8 to 5, Saturday and Sunday.

But that may change quickly just because of the neighborhood and the building.

And how many employees total would you guess?

That also may change just based on the footprint and anticipating volume.

I could see, you know, five to six people on at a time.

So that would be 12 employees.

And finally, how many, how many chairs for occupants?

50.

Okay.

Thank you.

So as I mentioned, we did meet with the Washington West, or as it was mentioned,

Civic Association, and they have provided their letter of non-opposition, which I'm

putting on the screen now.

So if there's any other, anything else you'd like to add?

Any questions for the board?

Any questions from the board?

No, Mr. Chairman.

No.

Anyone else would like to testify in this case? If so, please raise your hand.

I see no hands at this time, Mr. Chair.

Thank you. Planning Commission?

Good afternoon, Chair. Peter Bernard for the Planning Commission.

do you swear for him to tell the truth the whole truth nothing but the truth

i do and for the record spell your last name for the court reporter please

my last name is spelled b as in boy a as in apple r as in roger n as in nancy as an apple

r as in roger d as in dog please proceed this property is indicated for commercial mixed use

on a comprehensive plan we feel the proposed use will not cause detrimental impacts for the

the neighborhood beyond which normally might be expected.

Accordingly, we support the granting

of the special exemption.

Thank you.

MI 2021-0017891213-19 Walnut Street.

My vote is yes.

Professor Plaza, my vote is yes.

Thomas Holloman, my vote is yes.

mi 2021-001 excuse me i'll start again mi 2021-001798 1324 mifflin street

rco letter of support i assume that's passion crossing i don't see it on my notes

but i'm familiar with the neighborhood and mr orphanetes is the attorney of record

Mr. Orphanides has been promoted to panelist.

Good afternoon, Mr. Orphanides, please identify yourself, spell your name, and I'll swear

you in.

And then after that, Mr. Plaza will have some questions for you.

certainly david orphanetes orphanetes and toner 1500 john f kennedy boulevard suite 800 philadelphia

pennsylvania 19102 you swear affirm to tell the truth the whole truth nothing about the truth

i do okay mr plaza orphanetes you agree to waive the regain of its refusal and stipulate to its

accuracy i do the refusal that is the amended corrected notice of refusal that is included

with our exhibit book, which was just uploaded, well, added to our exhibit materials yesterday

because we just received it yesterday.

Yes, dated 8-17.

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

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

to this, Aaron?

Everything was forwarded.

And again, the refusal has been swapped out as of yesterday because we just, again, received that corrected amended notice of refusal yesterday and it is dated 8-17.

So that change was made yesterday.

Okay.

Have you met with the RCO and have a letter?

We did meet with the RCO and it's our first exhibit in our exhibit package, which if I can share my screen, I can show you.

but we did have a meeting.

It was advertised in accordance with 1430312

with the zoning code.

We actually had a preliminary meeting

with the leadership of the community group

prior to our community meeting.

And as you'll see when I'm able to share my screen

that we garnered the full support,

unanimous support of those who were in attendance

for that remote or virtual community meeting.

Thank you, please proceed.

Okay, I'm going to share my screen, so I'll give you one minute.

I'm going to share my screen.

One second, I'm having a little bit of an issue.

Fortunately, it is not allowing me to share my screen.

Hold on one second.

I'm not sure what's happening here.

Here we go.

Okay.

So now we should be able to see if that.

Okay.

Can you see my screen?

Yes.

Okay.

Thank you.

Sorry about that.