civus
Hearing video

ZBA Hearing - October 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 25, 20234h 25m

our vice chair has just a few questions for you sir good afternoon council do you agree to waive

Similar wording

the reading of the refusal and stipulate to its accuracy i don't have you emailed in all the

Similar wording

required documents that is needed to proceed with this case five days in advance of this hearing

Similar wording

uh yes i have thank you council please proceed and share your screen okay let me um

Similar wording

is my screen up yes great great um let me just do some quick introductions here

Similar wording

uh mr kenneth youngblood who is the franchise operator of this particular mcdonald's location

Similar wording

Eileen Seberger, who is the McDonald's Regional Development Director and is working with myself on this project, William Smith from Ballard Engineering, and our project architect, Kiernan Meehan.

Similar wording

SO I'LL GET RIGHT TO IT. WE PASSED UP EXHIBITS. IT'S NOW EXHIBITS 1 THROUGH 14 WHICH NOW INCLUDES

Similar wording

DISTRICT COUNCIL PERSON'S LETTER OF SUPPORT WITH LETTER OF SUPPORT FROM THE COMMUNITY TO 50TH WARD.

Similar wording

THIS IS AN EXISTING MCDONALD'S LOCATION. LET ME JUST GO RIGHT TO THE PICTURES.

Similar wording

This is an existing McDonald's location. Let me just go right to the pictures here. That's been there, I think, since 1988. Probably some of the board members will recognize the location and maybe patronize the location.

Similar wording

And McDonald's, as part of their ongoing continued efforts to increase, improve the efficiency of the operations, the efficiency of their drive-through is adding, I believe it's 290 square feet, which is basically they're adding a walk-in cooler box.

Similar wording

So there needs to be less truck deliveries of food to the location and adding a third drive in window to better improve the drive, the service times of the drive throughs.

Similar wording

A very, very minor increase in the size of the restaurant.

Similar wording

However, it's in a CA1, as you can see here, it's in a CA1 commercial district.

Similar wording

This is the location here in blue.

Similar wording

So any increases in the size of a takeout restaurant, even though it's been there for 40 years, and even though it's less than 300 square feet, triggers the need, in this case, for a special exception.

Similar wording

So I think as you'll hear, the relief is certainly warranted and consistent with the special exception criteria.

Similar wording

criteria. So just real quick, here is, here's the location nestled between Ogance Avenue and

Similar wording

Cheltenham Avenue. Access points off of Ogance, access points off of Cheltenham. Here's what the

Similar wording

restaurant looks like from Ogance. This was redone a couple years ago. This is the top of the line

Similar wording

McDonald's exterior treatment finish. There's pictures. That's the rear of it on Cheltenham

Similar wording

Avenue. Here's the Ogans entrance. This was the top of the line interior upgrades for the

Similar wording

restaurant itself. So that was all done recently. Here's more of the interior. So let me just,

Similar wording

as far as what we're actually doing here, it's almost impossible to see on the site plan.

Similar wording

Um, there are these little, I'll pull it down here. Um, this, this dark area here is the,

Similar wording

the walk-in cooler, the cooler boxes again. So we have more capacity for food. Uh, and then there

Similar wording

is this brown or darkened area right here and right here, uh, where we are adding a third

Similar wording

drive-through window. We actually prepared a specific exhibit just to show those areas.

Similar wording

Let me just show right here.

Similar wording

Just to show, to take all the layers off and just show that really de minimis increase in the size.

Similar wording

These are those darkened areas, the walk-in cooler box and then the addition of the third window.

Similar wording

So all this is being done to increase the time, to decrease the time that it takes for McDonald's to serve its customers in the drive-thru line, which has become increasingly important.

Similar wording

And there's increasing pressure on that.

Similar wording

Here is the existing drive-thru.

Similar wording

And here is the proposed just with those small little window changes on the side and the walk-in cooler box.

Similar wording

There's no change to where the trash is being stored or anything else like that.

Similar wording

As part of the new city landscaping requirements, we work with city planning to increase some landscaping in the rear.

Similar wording

I think I actually went by that picture, but we are increasing the landscaping in the rear.

Similar wording

Here's a photo simulation of the new landscaping that will be in the rear, some new bushes, some new trees.

Similar wording

uh so we're consistent with the new uh city planning landscaping um there's also some work

Similar wording

being done in the kitchen area all new with about um eight or nine hundred thousand dollars is being

Similar wording

spent in the kitchen to bring that all up to 2023 the most advanced um um kitchen equipment

Similar wording

that is possible so uh there is going to be um you know stores going to need to be closed for

Similar wording

some time but this is uh the commitment uh that mr youngblood and mcdonald's has made to this

Similar wording

neighborhood and to make sure that this location is state-of-the-art. As I mentioned earlier,

Similar wording

we have a letter of actually support. Here's the posting photos. We have a letter of support from

Similar wording

the community group. We had a pretty well-attended meeting, including some near neighbors. No

Similar wording

concerns or objections were raised to Mr. Youngblood, who's been operating this now for many

Similar wording

years. And then we also have a letter from the district council person. So I guess I'll just

Similar wording

So I guess I'll just stop with that. I would say the special exception criteria, this is a special exception case. We certainly do not negatively impact or have detrimental impacts on congestion in the public streets or transportation system where we're crowding the land.

Similar wording

stop with that. I would say the special experience.

Similar wording

everything we're doing is to increase and improve all those special exception criteria. So we think

Similar wording

we easily meet the special exception criteria. So with that, I guess I would turn it over. I could

Similar wording

certainly have the engineer and the architect. Why don't we have Mr. Youngblood come on and

Similar wording

adopt your testimony? Sure. Mr. Youngblood, are you out there in the virtual universe? Can you

Similar wording

say hello?

Similar wording

Maybe

Similar wording

I don't know how to speak.

Similar wording

Sir, could you state your name?

Similar wording

Can you hear me now? Yes, could you state your name

Similar wording

and spell for the court stenographer? My name is

Similar wording

Kenneth A. Youngblood

Similar wording

K-E-N-N-E-T-H

Similar wording

A. Youngblood

Similar wording

Y-O-U-N-G

Similar wording

B-L-O-O-D

Similar wording

Right. Do you swear or affirm

Similar wording

to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Please proceed, counsel.

Similar wording

Just real quickly, Mr. Youngblood, and Doug, good afternoon, and thanks for joining us.

Similar wording

You bet.

Similar wording

You have owned and operated this location for how many years?

Similar wording

About 35 years since May 1988.

Similar wording

Okay.

Similar wording

And you also have other locations in the city, correct?

Similar wording

Yes, sir.

Similar wording

Okay.

Similar wording

And you heard my testimony as far as what we were doing to the location, the upgrades in the kitchen,

Similar wording

the upgrades on the drive-thru and the landscaping, correct?

Similar wording

Yes, sir.

Similar wording

And are they true and accurate to the best of your knowledge?

Similar wording

Yeah, I agree. Yes, sir.

Similar wording

And do you adopt them as your own?

Similar wording

I promise I do.

Similar wording

Okay. And is there anything further you'd like to add?

Similar wording

I don't think so.

Similar wording

I'm proud to be an owner in that neighborhood, been there for 35 years,

Similar wording

and I promised them when I moved in that I would do everything in my power

Similar wording

to keep the standards up and add value to the neighborhood.

Similar wording

great great thank you so much thank you questions from the board questions from the board no mr

Similar wording

chairman no chair questions or comments from our attorney hillary emerson

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

i do not see any further hands mr chair planning commission

Similar wording

Good afternoon, Chair, members of the board. This is Greg Baldwin, Planning Commission staff.

Similar wording

The comprehensive plan recommends a zoning map change to commercial use. The proposed use will

Similar wording

not cause detrimental impacts to the neighborhood beyond what normally might be expected. The City

Similar wording

Planning Commission recommends that the zoning board grant the special exception. Thank you.

Similar wording

MI 2023-003-575-7911 to 17 Oguns Avenue.

Similar wording

I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Great.

Similar wording

Thank you.

Similar wording

As always, thank you for your time and consideration.

Similar wording

Okay, thank you, counsel.

Similar wording

Bye-bye.

Similar wording

Number 13, MI 2023, 004-374-5392 West Montgomery Avenue. Meredith Ferlicker is the attorney. There's a letter of non-opposition from Winfield Residents Association with unenforceable providers.

Similar wording

And there's a letter of non-opposition from Winfield Community Neighbors Association with support from also non-enforceable providers.

Similar wording

Good afternoon, Mr. Chairman.

Similar wording

Good afternoon. Could you state your name, please, and spell for the court's sonographer?

Similar wording

Sure. Meredith Ferliger, F-E-R-L-E-G-E-R, of Delworth Paxson, 1500 Market Street, Suite 3500E.

Similar wording

Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Could you identify your client and relationship to the property?

Similar wording

Certainly. My client here today is property owner Michael Fine, which is represented by management company Vica Technologies, LLC, with the representative Azuka Anyin.

Similar wording

And our vice chair has just a few questions.

Similar wording

Good afternoon, Councilor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

have you emailed on all the required documents that are needed to proceed with this case five

Similar wording

days in advance of this hearing i did thank you please proceed i see you have already shared your

Similar wording

screen thank you mr chairman members of the board as i mentioned i am here today on behalf of the

Similar wording

property owner we do have a deed with a letter of authorization authorizing the property management

Similar wording

vica to speak on mr thine's behalf both of those are included at exhibit three the request before the

Similar wording

both of those are included at exhibit three the request before the board today is really quite

Similar wording

minimal so i will keep this brief unless the board has additional questions at the end of the

Similar wording

presentation in your packet at tab 13 as as i believe mr chairman mentioned at the beginning

Similar wording

we do have two letters of non-opposition both from winfield residents association

Similar wording

and Winfield Community Neighborhood Association. To summarize, the request today proposes to change

Similar wording

a currently existing accessory office use into a non-accessory office use.

Similar wording

So the board has my exhibits, which contain 14 sets of documents. The zoning map, which I'll bring

Similar wording

up at Exhibit 6 shows that the property at 5392 West Montgomery Avenue is at the corner of West

Similar wording

Montgomery and North 54th Street. The property is zoned RSA 5 and is just south of where you'll

Similar wording

note the beginning of the commercial corridor on North 54th Street. The aerials that I've included

Similar wording

at Exhibit 6 should provide the board with some additional site context. So you'll notice that

Similar wording

this is a predominantly residential neighborhood, except for a couple of the corner properties.

Similar wording

And this is just a view towards the north, so this is really showing the back of the property.

Similar wording

This is a south view, so again, you can really get a sense of the residential structures

Similar wording

on West Montgomery. The view from the west, which I have up on the screen, this shows you better

Similar wording

context to the commercial block that does start just north of the property that's before you

Similar wording

today. And 5392 is marked with that little red teardrop. I have included site photographs at

Similar wording

Exhibit 14. From the front, you'll notice that this single-family home is accessed from the

Similar wording

West Montgomery Avenue frontage. And as we travel around the corner here, you'll begin to see that

Similar wording

the ground floor commercial use was previously existing and does have a separate access door

Similar wording

directly from North 54th Street. As I move through more, and just for context, this was an

Similar wording

existing SEPTA bus station stop. That has since been removed. As we move through more of the

Similar wording

photographs, you'll gather a little bit closer view of the property. This is from the rear.

Similar wording

And again, this is a better view of that commercial corridor that starts just across

Similar wording

the street from this property that's before you today.

Similar wording

If you look, again, this is just additional residential structures on West Montgomery.

Similar wording

And then if you look south, you'll notice that the corner property that is directly behind 5392 West Montgomery has a similar ground floor commercial use.

Similar wording

In that case, it's a takeout restaurant.

Similar wording

I did include a couple of interior photographs just to orient you to the space itself.

Similar wording

The space is currently vacant.

Similar wording

It is small, but it does have a separate entrance and has plenty of space to accommodate a small office user with limited customer traffic, which is consistent with how it's been used over the last several years.

Similar wording

Although not at issue today, I did include a couple of interior photos just of the single family home.

Similar wording

So at Exhibit 8, you'll note the last zoning permit that was issued for this property in May of 2021, which documented the use as a single family home with a home business and professional office use as an accessory use.

Similar wording

So this application is simply seeking to convert that previously approved office space to a non-accessory use, which just means that it can be rented to anyone and not just used by the owner of the property or the residential tenant that lives in the single-family home above.

Similar wording

So because the property is currently zoned RSA 5, we are required to seek a variance for the proposed non-accessory office use.

Similar wording

We are also required to seek a variance because the RSA 5 district would prohibit more than one principal use of the property.

Similar wording

We submit to several straightforward hardships, which I will summarize.

Similar wording

First, there is no recent history of this ground floor space being used for any residential use, nor would it be desirable or feasible to convert it into single family use.

Similar wording

nor would it be desirable or feasible to convert it into single-family use in conjunction with the

Similar wording

Let's get started.

Similar wording

single-family home above. The property has in fact been operating with an office use for several

Similar wording

years and this request will only change the designation of that use from accessory to

Similar wording

non-accessory. A commercial use within a basement or a first floor is a common condition of corner

Similar wording

properties in this neighborhood, many of which are currently zoned RSA 5, like this property.

Similar wording

And I did include examples of some of those similar mixed-use corner properties,

Similar wording

and I did summarize them for reference on my exhibit list. Some of those ground floor uses

Similar wording

that I referenced include a restaurant, retail, and other office uses, many of which were also

Similar wording

granted by variance at one point in time in fact the designated north 54th street commercial

Similar wording

corridor that's noted on city maps extends past this property despite the single family zoning

Similar wording

we submit that the proposed use is clearly the least minimum as it will not change the usage of

Similar wording

the space in any significant way since it has been operating as an office for the last several years

Similar wording

albeit as an accessory use. By converting the office to non-accessory use, there will be no

Similar wording

substantive change in the nature of the use of the space itself. Given the structural separation

Similar wording

between the single-family residence and this office space, continued use as an office is not

Similar wording

only most appropriate for the space, but requires the least amount of monetary investment and

Similar wording

physical modification to the property to enable reasonable use of the space. The proposal will

Similar wording

not increase congestion, endanger the public, or harm neighbors' use of their properties.

Similar wording

This request is very intentionally limited in scope to just a business and professional office

Similar wording

to limit the impact to the surrounding area. In approving this request, the only commercial use

Similar wording

that would be permitted for this space is a business and professional office use and no

Similar wording

other commercial use. And that was a fact that the community really appreciated when we presented

Similar wording

this request to them. As noted in our presentation to the community, this is an ideal transitional

Similar wording

commercial use from the denser commercial corridor just north into the residential neighborhood.

Similar wording

There's also ample public transportation access directly in front of the property.

Similar wording

There are no exterior physical changes to the property that are proposed. We would expect that there would need to be some minor updates to the interior in order to secure a certificate of occupancy pursuant to the building code.

Similar wording

We submit that the proposal and the requested variance complies in full with the requirements of the code. Full analysis is provided in my memorandum of law submitted to the board at Exhibit 10.

Similar wording

And Mr. Chairman, I do believe you referenced the list of provisos that the community included with their letter.

Similar wording

Just for the record, the applicant is perfectly happy with and had intended to comply with them regardless.

Similar wording

But we do understand they're not within the board's jurisdiction to oppose.

Similar wording

So if the administrator wouldn't mind locating Mr. Azuka and have him unmuted.

Similar wording

Sir, could you state your name and spell it, please, for the court stenographer?

Similar wording

My name is Azuka, A-Z-U-K-A, and I am A-N-Y-I-A-M.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Proceed, counsel.

Similar wording