move into the space quickly.
However, that application was indefinitely held as the owner at that point continued
his efforts to find a tenant, one ideally that would actually meet the definition of
a fresh food grocer.
In fact, as you'll notice in the letter from Fishtown Neighbors Association, they even
assisted us in making some connections to area grocers who might have interest in expanding,
but ultimately none of these efforts panned out. And again,
But ultimately, none of these efforts panned out.
And again, as I mentioned, you'll see that reference in Fishtown's letter at Exhibit 14,
actually opining that the lack of parking for this particular site and the relatively small space were not conducive to locating a fresh food market type of tenant.
Eventually, Leo Figs was identified, which quite frankly could not be a more serendipitous use, not only because the use so closely aligns with the intent of the fresh food market, but also because it is being pursued by a member of the Fishtown community.
Although we submit and expect that the board will see today that LeoFigs meets the spirit and intent of what the fresh food grocer bonus was seeking to achieve in terms of use, which is a position shared by the coordinating RCO, the LeoFigs use ultimately more closely meets the definition of alternative zoning code use categories that do require today's relief.
Justice is here and can answer any specific questions you have about the use, but I'll give you a basic overview.
At Exhibit 7 up on your screen, I've provided floor plans of the full commercial space.
This first page here shows the layout of the existing basement level, which includes a portion of the commercial space which connects to the first floor.
The rest of the basement is for the residential use.
The next page, which I'll bring up here, shows the existing open commercial space at the first
floor, measuring a total of 4,815 square feet. I'll move into the floor plans that show the
proposal. In the basement space, Justice will primarily be operating his urban winery and
brewing space where he will make wine, cider, kombucha, and wine coolers for sale on and off
premises. I'll note that this aspect of his use is already permitted and approved and I have
included that zoning permit at exhibit six showing the zoning authorizing the artisan industrial use
of this basement space and you can see the walk-in cooler here as well. Leo Figgs has already been
approved for a winery license with the PLCB. Justice himself is currently pursuing his Masters
of Wine, and once completed, this will be one of only three wineries across the entire country
that is curated by an operator with a Masters of Wine. On the first floor, on this next page here,
you'll see the combination restaurant, retail, and education space. In this first floor view,
you will see that the revised proposal before the board reduced the number of commercial spaces
from three to two, with a small vacant commercial space still being left in the building for a
future tenant. And you can see that small space here at the northern end of this orientation
here on Frankfurt. Leo Figgs will occupy a vast majority of this commercial space.
We did also, for reference, include the first floor life safety plan.
Now, when I show you the next rendering, I want you to keep in mind that the space is most certainly not going to be all white.
We did, for the board's reference, include the design inspiration for the space on the next page,
so you'll have to use your imagination and combine these colors and materials into this space.
we did also include a very detailed packet of information at exhibit eight here
describing leofigs the inspiration the people and the goals but just to summarize for you
this space is going to have a boutique grocery selling cheese charcuterie and other pennsylvania
agricultural products additionally there'll be a tasting bar because you certainly could not have
a wine brewery without the ability to have customers taste the product. Food will also be
sold with both dine-in and take-out options, but will mostly be small plates that do not require
industrial kitchen equipment or exhaust. Leo Figgs also plans to have educational classes
where community members can come and learn about wine and other culinary topics, including cooking
classes. In Leo Figg's words, they aspire to be the cherished home away from home for a community
of passionate food and drink enthusiasts. To start, they will operate Wednesday through Saturday from
4 to 11 p.m. They'll have commercial trash pickup three to four times a week, which can be
facilitated from East Susquehanna Avenue. There is also currently a loading zone in front of the
There is also currently a loading zone in front of the building on Frankfurt Avenue, so that will facilitate impact-free deliveries.
building on Frankfurt Avenue.
Now, regarding the refusal and the referral at Exhibit 1, this proposal received two referrals and one refusal.
Starting first with the refusal.
As I mentioned, the original owner and developer of the building took advantage of the now defunct fresh food grocer bonus for additional height.
Although Leo Figgs encompasses aspects that would align with the fresh food grocer use,
it does require a more carefully curated use palette that ultimately eliminates the actual
fresh food grocer category. Instead, the use described to the board today is captured as an
eating and drinking establishment, including both eat-in and take-out, as well as a prepared food
shop. Because the proposed use eliminates the fresh food grocer bonus, a refusal is issued
because the building itself is now taller than the code would allow without the benefit of the
bonus. Unfortunately, the River Words Market at 2200 East Norris Street likely foreclosed any
possibility of this building being able to attract a tenant that would have a competitive use to an
already established grocer. And it's situations like this that ultimately led to this bonus being
removed from the code. The applicant submits to a hardship given that unambiguously, it would be a
considerable, unreasonable, and unachievable hardship to reduce the height of the already
constructed building. Alternatively, absent relief from this board today, the space would have to
remain entirely vacant until a user appeared that would precisely constitute a fresh food grocer,
which doesn't have a definition in the current code anymore. As the board has seen, the additional
15 feet of height of the building, particularly within the commercial space itself, has attracted
a tenant, the caliber of which is Leofigs, that is going to create a community-centered and highly
beneficial use for the local Fishtown community. As a reminder, my original client purchased the
property while it was already under construction, and my current client is the tenant. So neither
of my clients in this case should bear any blame for the failure of this bonus, and this is
unequivocally not a self-created hardship on their part. Furthermore, as we've established,
this use is truly the least minimum deviation from the code to provide relief,
given that this use likely does constitute at least a portion of what the fresh food market was seeking to achieve.
Even if the fresh food use remained and was expanded to include the alternative categories before the board today,
the refusal still would have resulted.
In terms of the referrals, this application received two referrals, as eating and drinking establishments of all kinds require special exception in the NCA North Delaware Avenue overlay.
Additionally, takeout restaurants require special exception in the CMX2 zoning district.
Here, we've included the takeout restaurant use, as Leo Figs will likely operate in such a way that the takeout use is an independent use from the sit-down restaurant itself.
Of course, with a sit-down restaurant, you can eat in and take food home.
That would not require the separate use.
However, as Leo Figgs expands and grows, it's conceivable that there will be an independent takeout aspect of the use that is not permitted just by having a sit-down restaurant.
Furthermore, the prepared food shop use, which also requires a special exception, will ensure that the fresh food and retail aspect of the use is also independently permitted, separate from the restaurant itself.
As described throughout the presentation, we submit that all of the aforementioned uses
constitute uses permitted under the zoning code by special exception.
We submit the proposal will not increase congestion, harm neighbors' properties, or impair
light and air. Since a commercial use was already contemplated here, this proposal merely seeks
to expand the list of permitted uses. As described, the operator has a defined plan to manage
deliveries, trash, and customer traffic, and this is the exact type of use that is ideal
to invigorate the commercial corridor. This is a pedestrian-oriented commercial corridor and is
consistent with the type of use one would expect to find in this location. Certainly,
Certainly, Leo Figgs will cause no more impact than one might expect to find from a similar type of eating and drinking establishment.
leofigs will cause no more impact than one might expect.
This property is surrounded by other commercial and residential uses that will benefit from this use.
In terms of the height, the height of this building would have been appropriate regardless of the bonus.
In fact, the building just diagonal to this one at 2042 Frankfurt Avenue was granted a variance in 2014 to accommodate a higher building than the code would allow.
More detailed analysis on each of the legal standards establishing this applicant's entitlement to both variance relief and the grant of the special exception is provided in the memo of law submitted to the board at Exhibit 11.
At this point, I would ask for the administrator to locate Justice Figueres in the audience to adopt my testimony.
They have been allowed to speak.
Good morning, sir. Could you please state your name as spelled for the sonographer?
Hello, my name is Justice Figueres, F-I-G-U-E-R-A-S.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you. Justice, you are authorized to speak on behalf of Leo Figgs, LLC. Is that correct?
Correct.
And have you heard all of the testimony and evidence that was offered in front of the board today?
Would you agree that that testimony was true and accurate and would you adopt it as if you had given it yourself?
Is there anything else you'd like to add?
Not at this moment.
We're happy to answer any questions.
Questions from the board.
okay uh meredith i'm trying to get an idea of timing so uh i do know that the what is that
that fresh what is it a fresh food bonus right well that was eliminated at some point so are you
saying that you got approval of right to have this project with the additional height
when that bonus was in effect that is correct the the original owner of the property got the
approval so this zoning permit's dated 2020 but it was actually 2019 that the original permit was
issued they converted it once eclipse came into place so that is absolutely correct in 2019 the
original owner filed the application sought approval for the building bonus ultimately went
and built the building and then sold it and that's kind of where i got involved okay at that and i'm
not sure when that fresh food bonus was um eliminated but presumably it was between the
time sometime after this property was built i think that's correct i don't recall i may have
actually included it in here let me see um i don't i don't recall i believe it was eliminated
in 2021 i and i'm sure that planning could correct me if i'm wrong but i believe it was 2021 so i
think it was probably you know about a year after the zoning permits were issued in for this building
okay yeah but when this was being constructed
we're not sure whether this bonus had been eliminated or what the story was or was it
built while the bonus was in effect and then once i moved with the new owner you're being asked to
basically get a variance for the additional height is that am i so i believe and i'm just trying to
confirm i i believe that the building was so the building was still under construction when my
when my original client for this application purchased it he purchased it I included the deed
he purchased it in March of 2023 the property had not even received a CO at that point
so the bonus would have been eliminated you know probably the beginning of construction or at some
point during construction but I mean by the time my original client purchased it it had long since
been eliminated okay all right just just try to get an idea of time and whether there might have
been some adjustments made while uh yeah i i think that construction had likely long since started
by the time that bonus was eliminated okay all right thank you other questions for the board
all right thank you other questions for the board the only the only question i has is uh
if is the um proposed uses do they um take up the uh square footage that would have been
the fresh grocery they don't they do not uh mr johns and that's actually that's actually part
of the reason why i mentioned that even if we had left the definition of fresh food grocer
on the permit and just added these uses, the refusal still would have been eliminated.
So if you look here, the open commercial space, the entire commercial space was 4,815 square feet.
So once you subdivide that, you can see here that Justice's space is in total about 4,000 square feet,
but that also includes the basement. So I believe, and Justice could correct me if I'm wrong,
I believe that the first floor portion of that, which is the only portion relevant to the bonus
itself, is about $3,000 and change. So that's a long-winded way to say, no, the new use would not
have encompassed enough space for the bonus. But with the additional space in the basement,
it kind of makes up for, I would think. Okay. Again, I mean, the fresh food grocer was
somewhat vague in terms of what would actually constitute a fresh food grocer. So, you know,
again, you kind of envision a use like this really does meet the intent. Would it have actually met
that definition right you know it's why it was eliminated i understand yeah thanks the questions
from the board well just an editorial comment the idea was to try and fight food deserts you know
in these areas but the uh in practice it didn't really work very well because most people would
not go to these little places when they have supermarkets which are available so that they
could actually get uh their food you know in a way that was more um economical uh
so well that's why that's why we submitted that this is kind of the best of both worlds in terms
of a use you know this does really encompass a lot of different aspects that exactly that meet
that intent so yes questions or comments from our attorney hillary emerson not at this time
mr chair questions or comments from the virtual audience yes chair i have a hand up by the name
of strawberry mansion concern they have been allowed to speak that's not them strawberry
mansion this is definitely not strawberry mansion any other anyone else in the virtual audience
yes i have a name up by the name of robert everett they have been allowed to speak
sure good morning mr everett could you please state your name as spelled for the sonographer
yes good morning everyone my first name is robert last name everett e-v-e-r-e-t-t
you swear or affirm to tell the truth told truth nothing but the truth
i love to swear yes all right good please proceed just here to acknowledge our community meeting
outlined in the rco letter and our hearty support of the proposed plan
thank you very much mr effort for taking the time to call us is there anyone else in the virtual
audience i see no more hands at this time any commission
thank you chair bergman sarah bomb with the philadelphia city planning commission
the comprehensive plan recommends a zoning map change to cmx 2.5 the proposed use of eating and
drinking establishment sit down as well as take out will not cause detrimental impacts to the
neighborhood beyond what might normally be expected although the building height of 55
feet is no longer in compliance due to the fresh food bonus no longer being available
The height is permitted in the recommended zoning of CMX 2.5.
The City Planning Commission recommends that the Zoning Board grant the variances and special exception.
MI 2023, 002-992-22 on Frankfurt Avenue, I vote yes with proviso per amended refusal dated 9-9-24.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with Proviso.
Cheryl Gaston, my vote is yes with proviso.
Tynetta Graham, my vote is yes with Proviso.
Iowan, my vote is yes with Proviso.
Ishmael Shahid, my vote is yes with Proviso.
Thank you, counsel. You have your votes.
Number five, MI 2024-004-194-2130 Catherine Street.
Henry Clinton is the attorney.
There's a letter of support from South of South Neighborhood Association
and a letter of opposition from North of Washington Coalition.
Applicant also has a petition signed by 29 people,
mostly from the 2100 block of Catherine N. Webster Streets.
Henry Clinton will be rejoining us as a panelist.
Morning, Mr. Chair, members of the board.
Morning, Mr. Clinton.
Could you please state your name and spell for the court stenographer?
My name is Henry Clinton, H-E-N-R-Y Clinton, C-L-I-N-T-O-N.
You swear or affirm to tell the truth, the whole truth and nothing but the truth.