civus
Hearing video

ZBA Hearing - November 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 13, 20247h 40m

Thank you very much. We appreciate your time. Is there anyone else left, Jason?

Similar wording

Yes, one more hand. Lisa Traum, I've allowed her to speak.

Similar wording

Hi, could you please state your name and spell for the stenographer?

Similar wording

Hello, my name is Lisa Traumann, T-R-L-I-S-A-T-R-E-I-L-M-A-N.

Similar wording

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

Similar wording

Yes.

Similar wording

Do you live in a neighborhood?

Similar wording

I do. I live on the 1300 block of Cree Street as well.

Similar wording

Are you in favor of this project or against?

Similar wording

Very much in favor.

Similar wording

Thank you so much for taking your time to cause.

Similar wording

Planning Commission.

Similar wording

Anyway, I'm bored with the Planning Commission.

Similar wording

This testimony will be for 1211 and 1213 Cree Street.

Similar wording

The comprehensive plan recommends no change in zoning application

Similar wording

from the existing single-family residential RSA 5.

Similar wording

The appellant has not shown that there are unique physical conditions

Similar wording

or circumstances that would prevent the property from being used in

Similar wording

conformance with the zoning code. The Planning Commission recommends that the

Similar wording

board deny the requested variance for child care center.

Similar wording

I'm going to do both at the same time.

Similar wording

MI 2024-005-512-1330

Similar wording

13 Cree Street, and MI 2024-005-612-1211 Cree Street, I vote yes for both.

Similar wording

Michael Johns, my vote is yes for both.

Similar wording

Cheryl Gaston, my vote is yes for both.

Similar wording

Tana Graham, my vote is yes for both.

Similar wording

Aya Nguyen, my vote is yes for both.

Similar wording

Ishmael Shahid, my vote is yes for both.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

All right, we're going to move on to number 12, MI 2024-005-520-912-28 Walnut Street.

Similar wording

Michael Phillips is the attorney.

Similar wording

Recommendation of unanimous non-opposition from Washington Square West.

Similar wording

A letter of non-opposition also from Council Member Squilla.

Similar wording

Hey, counsel, you've already been sworn. Just for the record, state your name.

Similar wording

Good afternoon. Michael Phillips, Claire Harrison, 1835 Market Street,

Similar wording

Creek 1400, Philadelphia PA, 19103. Here on behalf of Sweet Green Philadelphia, LLC.

Similar wording

And our vice chair has a few questions for you, sir.

Similar wording

Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulate towards accuracy?

Similar wording

I do. Have you emailed them all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing. Thank you. Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

So, good afternoon. I will try to keep this one as brief as possible. I know I have a tendency to be loquacious, so I'm going to do my best here.

Similar wording

So, good afternoon. I will try to keep this one as brief as possible. I know I.

Similar wording

This is an application to expand an existing sweet green at 10th and Walnut from its existing 1,269 square feet to 2050 square feet.

Similar wording

Essentially, Sweetgreen is taking over a former dry cleaner that's next door right here, Expert Cleaners and Tailors.

Similar wording

So this is currently Sweetgreen.

Similar wording

They're just expanding their operations.

Similar wording

This is the existing business.

Similar wording

Again, the location received special exception approval for takeout restaurant use in 2005.

Similar wording

And this is the proposed new area. There will be a water station, some additional seats, and there's no signage that's part of this. This is the new area all to the left.

Similar wording

This is the existing area. There is not going to be any change in hours of operation, staffing levels, menu offerings.

Similar wording

It you know, the business will continue to operate during the course of the improvements that are made further there.

Similar wording

And I'm just going to pull up a letter that we have in here from Sweetgreen that I think lays out right here.

Similar wording

You know, there will be no significant changes to existing refuse load, pickup schedule, loading, unloading.

Similar wording

The trash plan that was submitted in 2005 will remain the same.

Similar wording

Again, there's no change here.

Similar wording

We're simply expanding the use.

Similar wording

It's a special exception, not a variant.

Similar wording

So there will not be any additional detrimental impacts by virtue of expanding the use.

Similar wording

I'd just like to ask Pamela Haver, if she's here, on behalf of Sweet Green, if she could be promoted to panelists to adopt my testimony.

Similar wording

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

Similar wording

Please wait for your virtual hand to wait to be sworn in.

Similar wording

And if Pamela Haber is not available, I would ask Erin Flatter if she can be promoted.

Similar wording

Which one is available?

Similar wording

Do we see a hand?

Similar wording

Yes, Pamela Haber.

Similar wording

Okay, sure.

Similar wording

Hi, could you please state your name and spell for the stenographer?

Similar wording

Hi.

Similar wording

Yes, it's Pamela, P-A-M-E-L-A.

Similar wording

Last name Haber, H-A

Similar wording

B as in the boy, E-R

Similar wording

Where or if I'm to tell the truth

Similar wording

The whole truth, nothing but truth

Similar wording

Yes

Similar wording

Please proceed, counsel

Similar wording

Ms. Haber, did you hear my testimony a moment ago?

Similar wording

I did

Similar wording

Okay, and do you agree

Similar wording

That everything that I stated is true and accurate

Similar wording

To the best of your knowledge, information, and belief?

Similar wording

I did

Similar wording

And do you agree to adopt my testimony

Similar wording

As if it were your own?

Similar wording

I do.

Similar wording

I have no further questions for Ms. Haber and would offer ourselves available for any questions.

Similar wording

Questions for the board.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Only a note for the board that we did receive the fully executed copy, the lease that we requested, so this matter is ready for a vote. Thank you.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I do not see any further answer, Mr. Chair.

Similar wording

Planning Commission.

Similar wording

Amy Boyd with the Planning Commission.

Similar wording

The comprehensive plan recommends no change in zoning at this location from the existing commercial mixed-use CMX-5.

Similar wording

The appellant has shown that the proposed takeout restaurant would not cause detrimental impacts beyond what would normally be expected.

Similar wording

The Planning Commission recommends the Board grant the requested special exemption for takeout restaurants.

Similar wording

Thank you. MI 2024-005-520-912-18 Walnut Street. I vote yes.

Similar wording

Michael Johns, my vote is yes.

Similar wording

Cheryl Gaston, my vote is yes.

Similar wording

Tanetta Graham, my vote is yes.

Similar wording

Iowan, my vote is yes.

Similar wording

Ishmael Shahid, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you very much.

Similar wording

Number 14, MI 2024-005-554-522 South 17th Street.

Similar wording

Henry Clinton is the attorney.

Similar wording

There's a letter of opposition from Center City Residents Association.

Similar wording

There's a letter of opposition from Center City Residence Association.

Similar wording

No explanation.

Similar wording

No explanation.

Similar wording

Applicant did provide a support with 28 signatures, five from the block.

Similar wording

Back in the other hand.

Similar wording

Good afternoon, Mr. Chairman.

Similar wording

Good evening.

Similar wording

Good evening.

Similar wording

Sir, you have already been sworn once today, because just for the record, could you state your name?

Similar wording

Sure.

Similar wording

Henry Clinton, A-T-N-R-Y, C-L-I-N-T-O-N.

Similar wording

Could you identify your client in relationship to this property?

Similar wording

Sure.

Similar wording

My client is Waybar, LLC, and the principal of which Robin Barrera is on the call, B-A-R-U-A.

Similar wording

Vice Chair has a few questions, sir.

Similar wording

Good evening, Counselor.

Similar wording

Do you agree to wait to read another refusal or stipulate to his accuracy?

Similar wording

I do.

Similar wording

have you emailed them all the required documents and exhibit that's needed to proceed with this

Similar wording

case obviously in advance of this hearing i did but two days ago i sent in the streets approval

Similar wording

everything else was in timeline that's fair uh please proceed and share your screen

Similar wording

thank you mr sheeve thank you mr clinton

Similar wording

good afternoon mr chairman members of the board uh henry clinton on behalf of waybar llc

Similar wording

um table of contents a1 through a10 uh this is a straightforward request uh for a single family

Similar wording

house in an rsa5 zoning district uh and we had two refusals one had to do with open space which

Similar wording

we have cured so the only issue before the board is whether or not we're going to maintain the

Similar wording

status quo of keeping a curb cut that's been in place for 65 years has been recognized by the

Similar wording

city with a no parking zone sign in front of it, is supported by the neighbors on the block,

Similar wording

and there's other garages in the area. And I'll go through it step by step. So here's a refusal,

Similar wording

two refusals. As I said, there's an open space, occupied area refusal. We've cured that. We do

Similar wording

have a proviso form in my package if the board looks kindly upon this request. So now the maximum

Similar wording

occupied space is 75%. The second refusal has to do with the curb cut, as I said, that's been in

Similar wording

place since 1959, and I have a zoning record to support that. The RCO letter, just opposition,

Similar wording

as you say, there's no explanation, but I know the three reasons. The three reasons were the

Similar wording

open space refusal, which we've cured.

Similar wording

Second was they don't want a parking spot on 17th Street,

Similar wording

even though, again, it's been there 65 years.

Similar wording

And the third is they wanted a tree.

Similar wording

If we could fit a tree, we'll put a tree.

Similar wording

The soil is loose and granular per our geotechnical report.

Similar wording

And we'll put planters in front of the building

Similar wording

and I have photographs of what those planters

Similar wording

would look like.

Similar wording

here are our support signatures we have support signatures of as you say mr chairman five on the

Similar wording

block there's four on this page uh and one on the other page here it is 513 interesting the

Similar wording

the letters of support are these are 521 and 525 are directly across the street

Similar wording

and these two signatures 518 and 520 are on either side of the property

Similar wording

so here are the photographs here is 17th street

Similar wording

I'm just using my cursor from north to south this is a parking garage in place now there's

Similar wording

a curb cut here already I don't know if that curb cut is used by this garage I think the

Similar wording

cars actually ended on south street but here 601 and 603 south 17th street both have garages

Similar wording

So right now, this is a vacant lot.

Similar wording

And as I said, it's been vacant since 1959.

Similar wording

There's an existing curb cut.

Similar wording

There's a cyclone fence here.

Similar wording

There's two cars actually in the parking area right now.

Similar wording

And when you think about it, the garage that we're proposing is actually going to be less

Similar wording

onerous than what's here now.

Similar wording

When individuals are using this space, they have to take the cyclone fence, pull it out

Similar wording

on the sidewalk.

Similar wording

I don't know if they double park or park across the street, and then go into the space.

Similar wording

With the garage that we're proposing, it's going to open automatically, and a car will simply go in and out as needed.

Similar wording

Down the street, again, this is southbound.

Similar wording

South Street is right here where my cursor is, but southbound, the garage is here,

Similar wording

and the other garages on 17th Street are where my cursor is on the left-hand side.

Similar wording

this is the view looking towards center city again what i didn't point out was

Similar wording

Again, what I didn't point out was here's a no parking sign indicating no parking in front of the curb cut.

Similar wording

here's a no parking sign indicating no parking

Similar wording

So the city recognizes that there is a curb cut there.

Similar wording

And as I said, it's been in use for many, many years.

Similar wording

A close-up view.

Similar wording

Right now, two cars parking there.

Similar wording

We're proposing one car.

Similar wording

Here's our zoning notice.

Similar wording

These are some planners in the neighborhood of the type that we would suggest using in lieu of a tree.

Similar wording

We do have a proviso plan indicating that we did reduce the open space area to 75%,

Similar wording

and we will add a tree to the sidewalk to the property next door,

Similar wording

because my clients are also going to develop 520,

Similar wording

and we also will add a planner to the sidewalk pending Philadelphia Street's approval.

Similar wording

These are the plans.

Similar wording

a four-story property with the rooftop deck we're not you know not exceeding the rear yard space

Similar wording

requirements nor the height requirements a nice appointed garage door all brick

Similar wording

all the way up this is the rear of the property little balcony above the sliding glass doors on

Similar wording

the first floor there is no basement this is a slab on gray construction

Similar wording

uh metal siding on the rear of the property uh this is the zoning excuse me the turning radius

Similar wording

again i have streets approval at the end of the presentation and we've uh highlighted or circled

Similar wording

the areas of changes of the plans if we can get street approval for a street excuse me for a tree

Similar wording

next door we'll do it because my client owns that property uh and this is the

Similar wording

open space that we change in the rear. And then this is the planner if we're able to get

Similar wording

streets approval for that. Floor plans, I'll start from the left to the right. Again, as I said,

Similar wording

there'll be slab on grade, one car parking, bedroom on the first floor, ample rear yard,

Similar wording

second floor living room, kitchen area, a little deck in the rear, two bedrooms on the third floor

Similar wording

and two bedrooms on the fourth floor with access to a rooftop deck.

Similar wording