I'm against it because I want businesses
I want it to be commercial
yes sir
All right. All right. Thank you. Is there anyone else in the virtual audience?
Yes, Chair Lynette Hill will be allowed to speak.
Hi, could you please state your name and spell for the court stenographer?
Hi, Lynette Hill. The spelling is L-E-A-N-N-E-T-T Hill. H-I-L-L.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you a neighbor?
I am a walk-in distance community member.
Are you against this project? I am. Thank you. Thank you. Thank you very much. Is there anyone else in the first audience? No more hands, Chair. Planning Commission. Mr. Chair, can I just respond? Sure.
So, first of all, again, we reviewed the record of the last time that Ms. Powell testified.
And according to the record, she lives as she put an address at 654 North 52nd Street.
I just want the board to know that, that she's not a nearby neighbor.
My client would not go through the effort of filing this zoning appeal, asking for reconsideration if it really was a necessity.
We're asking for the least modification possible under the Philadelphia Zoning Code by asking for a temporary variance of three years.
This is a commercial corridor that's in shambles.
that's in shambles like there there's so many open uh commercial spaces here um i just don't
Like there are so many open space.
get it but that's just me thank you planning commission uh ron bednar city planning or the
property is currently indicated for commercial mixed juice on the city plan ground for commercial
is not appropriate with existing block character therefore we recommend we have no objection to the
We're ending in the variance, requested variance.
MI 2024-003-28-6109 Market Street.
I vote yes, but a temporary variance, 321-27, it expires.
Thomas Holloman, my vote is yes with proviso.
james now my vote is yes with proviso ishmael shaheed my vote is no
thank you thank you have a great night all right hold on mr chair yeah um so we're gonna
so you and tom and ishmael were the votes on this case
so we have a two to one so we're mr snell is going to need to review the video of the prior
hearing and then we need to vote okay all right can you hear that alan no problem yep okay all
right we'll we'll have the answer for this next next wednesday at two
um we should be able to do that yes okay thank you thank you all right
let's see here south street where we at now
MI 2023 006 337 308 south street Sean Rex Road is the attorney there's a letter of support from
the South Street Head House and a letter of non-opposition from Councilmember Squiller.
Sean Rexrode has been promoted. Sir, could you please state your name and spell for the court
stenographer? Yes, my name is Sean Rexrode. I'm counsel for the applicant, which is Automatic
Dumpling South LLC. Could you spell your name just for the court stenographer, please? Certainly.
Sean, S-H-A-W-N, Rexroad, R-E-X-R-O-A-D.
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 the property?
Yes, my client is Automatic Dumpling South, LLC.
They are the tenant of this property.
Our vice chair has a few questions.
Good afternoon, counsel.
Do you agree to read the reading of the refusal or stipulate to its accuracy?
And he emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing.
I did.
Thank you. Please proceed and share your screen.
Green button on the bottom.
I got it.
Yeah, it's coming up.
Let's make sure.
Actually, I snatched the wrong thing.
Give me one second here.
can you see starting with the south street head house district can you see that uh why don't you
uh could you make it a little bit bigger i think hold on a second i can't see what you can say
give me one second here can you see this that's good we're good all right thank you i'll be brief
i know it's been a very long day um so i'm here on behalf of the applicant which is automatic
dumpling south we were authorized authorized by the owner to be here we have letters of authorization
which i'll get through in my packing here but just to be brief um we are requesting uh a variance
to permit a projecting sign that will go above the second floor but below the roof um i'll just
take you through here's a refusal notice uh this is a copy of our application for appeal
This is the PIF form.
Just so you can see, this is the vesting deed for the owner, which is 308 South Street.
Actually, give me one second.
Sorry, it's 308 South Street Owner, LLC.
This is the lease vesting us with the leasehold interest.
Just in a letter of authorization, just so you know, we're not – the owner affirms that we're not in breach under the lease.
The lease is still active.
And so so basically what we're looking for, let me just go through the let me go through the other.
And so –
So here we reached out to the near neighbors. Give me one second here.
You have a letter of support from the South Street. Correct. Letter of support. And also Council Member Squilla. And Council Member Squilla. Thank you. I'm sorry. I'm a bit out of order here.
Essentially, let me just present the plan to you. So the copy of the plan, first and foremost, my clients went to the art commission first, presented their plan to them.
They had a hearing for not the art commission, excuse me, but the but the give me one second here.
But the commission sign and steer streetery committee, my clients adopted every one of their recommendations.
Essentially, they're now just waiting for approval from the ZBA in order for them to go back to the art commission and submit that.
But here's the gist of what they're doing.
um they want to have a projecting sign um which is um this is what it's i'm sorry this is that
was their original plan uh but this is what it's going to look like yeah they're with me here
this is what it's going to look like it's going to be 18 feet off the ground um it's a it's a
small projecting sign. It is going to go above the second floor, but this is actually the
client's dining room. There's no residential there. And part of the reason why we're doing,
really the reason why we need to do this is because of branding. This Brooklyn Dumpling
Shop is a chain, started in East Village in New York, and it's now moving down here.
It's an automat. I'm not sure if you're familiar with that, but an automat is where
you order food and it then gets placed into an automat. You just pick it up. It's a really cool
concept. This certainly fits within the character of the neighborhood. These are also, I'm getting
through the pictures, but this shows our zoning signs are up. This is an exterior photo. This is
without the signs, what it looks like currently. But this is part of the problem here. This is
actually walking east down south street um my client's uh restaurant is right here and you
actually can't see the sign but you can see the other projecting signs uh so it's just you know
it's just a matter of them being in a sea of other signs and needing the sign themselves um this is
interior this shows the automat concept uh which is where you would order your food you'd pick it
up here this is this shows uh the kitchen uh and this is just a this is the dining room this is
actually what that sign would be looking at so this is this is just purely for commercial use
and for use in the uh for use by the restaurant there's nothing um there's nothing residential
there um this just goes to show you that there are plenty of other uh projecting signs that are
well above uh the second street or the second floor uh of course gyms everyone knows or gyms
everyone knows that snipes um next italian grill valente these are all within a block
um this just goes to show you sort of the branding of brooklyn dumpling shop this is
the original uh and we're asking for the same sign um and of course these are our letters to the
to the near neighbors uh we sent them out uh on time uh we had a pretty good showing at the rco
they were uh they were they were ecstatic about it actually i was uh it was a very good reception
uh particularly because my client is bringing something to that area that's a little um that
particular block there's not a lot going on our our our client my client has you know has revived
that area and i think that the businesses around are actually very appreciative of it um we are in
cmx2 this is my client um and at this time i'd like to bring on my client to adopt my testimony
do you have his name for us
sean they have his name oh yes i'm sorry alex flack i apologize okay sure
hi mr black it's a flack i'm sorry alex black mr flack
chair there's no one in the audience by that name okay um counsel uh you're an officer i actually
have him i could get him on my phone i think i think he got dropped for some reason oh sir sir
counsel listen to me you're an officer of the court yes we'll take your testimony
we'll take your testimony questions from the board questions on the board no mr chairman
Questions from the board?
Questions from the board?
No, Mr. Chairman.
No, Chair.
No, Chair.
Questions from our attorney, Hillary Emerson?
Just a quick comment.
I noticed on the refusal, it says it sounds like this is a new use,
but looking at prior history and other recent building permits,
It seems like this use is already established.
You may just want to, if this is approved and you go back to L&I for your permit, make sure they're not looking at this as a new use because they're limiting it to the first floor.
And from what I saw in the lease and other permits, it's more than just the first floor.
Yeah, it extends above the second floor, but below the roof.
yeah so i would so if this is approved um when you go back to to lni to get the permit just make
sure they're not reviewing this as a new use um it wasn't it was a little unclear the way it was
worded on the refusal and if it was a new use it shouldn't have a special exception as well
um for it so yeah so i just want to make sure that nothing yeah that nothing gets messed up there
no i appreciate that i didn't actually submit the initial application so that might be
But nevertheless, thank you.
Questions or comments from the virtual audience?
There are no hands, Chair.
Planning Commission.
This is Ron Bednar, City Planning.
The property is indicated for neighborhood commercial.
Mixed use on a city plan, projecting signs above second floor are in keeping with the character of the block.
Therefore, we have no objection to the grinding address.
MI 2023-0006337, 308 South Street, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you, counsel.
Thank you. Have a nice evening.
All right.
Number four, MI 2023-006-332-1227 West Tioga Street. Benjamin Garrick is the owner applicant. Letter of support from Nicetown Tioga Improvement Team with one enforceable proviso.
Benjamin Garrick has been promoted.
Mr. Garrick.
Hello.
Hi, Mr. Garrick.
Could you state your name for us and spell it for the court stenographer?
Benjamin Garrick, B-N-J-A-M-I-N, last name G-A-R-R-I-C-K.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
So this application is for two-family household living in an existing structure. The proposed use, two-family household living, is prohibited in the RSA-5 zoning district. Our vice chair has a few questions for you, okay?
Good afternoon, counsel. Do you agree to wait to read another refusal or stipulate to its accuracy?
excuse me yes have you emailed in all the required documents and exhibits that is needed
five days in advance of this hearing yes i apologize getting late please proceed and
please please proceed and share the screen one second
should be a green button at the bottom so share screen
One second, we're trying to figure it out.
We did it earlier.
We was practicing.
well here's what i could do i have a few i have a few more to do why don't i move on
and we'll come back for you and by then you no no you you got it okay go ahead
let me just do it now share screen
yeah you might just got to come back yeah whatever i'll do i'll come back don't worry
Yeah, you might just got to come back.
What am I going to do?
I'll come back.
Don't worry.
We'll be back, all right?
Sorry about that.
That's okay.
Number five, MI20230062842114Reed Street.
David Jennings is the owner.
David Jennings has been promoted, Chair.
Hi, Mr. Jennings. Could you come on, please, and state your name and spell it for the court stenographer?
Hi, Keith Harris.
Yes. Could you state your name, please, and spell it for the court stenographer?
David Jennings, D-A-V-I-D, last name Jennings, J-E-N-N-I-N-G-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Jennings, could you put your video on, please?
Yes, I can. Sorry about that, sir.
No, that's okay. No, no.
There we go.