Yes, of course. Clementa, Amazon, C-L-E-M-E-N-T-A. Last name is A-M-A-Z-A-N. Address is 123, South Broad Street, Suite 1600.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Mr. Folks has requested a continuance for Hancock Street.
Yes, we'd like to make that a joint request. We'd like to have, excuse me, continued conversation with the community.
Thank you.
Cases continued.
Thank you.
Are there any other requests for continuances?
No hands.
Chair, we have a phone number ending in 8-1-1-8.
Okay, let it up.
Caller, you have to unmute yourself.
Mr. Chairman, my name is Joe McCarthy, calling in reference to 78 East Penn Street.
Hold on one minute. Could you state your name and spell for the court reporter?
Joseph McCarthy, M-C-C-A-R-T-H-Y.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Penn Street?
78 East Penn Street oh okay so that's the 330 the 330 meaning and that case well that's okay
that case will be continued good thank you very much I didn't hear anyone speak up so
well it's because it's just the 330 session yes I didn't understand that thank you very
that's fine that's fine right any other cases
any withdrawals no no more handshare okay so first before we start i want to call case 10
mi 2022 001137 5000 north 12th street with the owner of the property please raise your hand
if you're here for that case can you please raise your hand 5000 north 12th street
no hands at this time chair um we have a charlene samuels okay
okay because they have an older version i would have to promote them to panelists
because they have a
so they're coming back in as a panelist okay
yes good evening afternoon hi how are you all i am state your name and spell for the court reporter
please? Yes. Charlene Samuels, C-H-A-R-L-E-N-E, Samuels, S-A-M-U-E-L-S. Do you swear or affirm
to tell the truth, the whole truth, and nothing but the truth? Yes. Is your case 5,000 North 12th?
So it's not my case. We're Logan. I'm representing the Logan Civic Association,
and we heard about that this case was coming up for like a, I guess, a re-evaluation.
Okay. I'm trying to get the honor on the right now. So I know your position. I see it here.
All right. Thank you. All right. Thank you.
No hands.
chair we have a caller from using a galaxy excuse me a galaxy s8 i'm gonna allow them to speak
okay hi yes my name is stephanie murphy i live at uh 50 i'm sorry i'm sorry ma'am ma'am could
you state your name and spell for the court reporter sure stephanie murphy s-t-e-p-h-a-n-i-e
murphy m-u-r p-h-y and i'm the block captain on um the 5,000 block
ma'am ma'am i'm sorry we're not there yet i'm looking for the owner all righty right
there are no other hands here the owner for 5,000 north 12
Okay. The reconsideration and rehearing for this case is dismissed.
Thomas Holloman, dismissed.
James Snell, dismissed.
Thank you. Thank you, everyone.
Case number one, MI 2021-00-4907-1117-23 Frankfurt Avenue.
RCO Fishtown Neighbors, letter of support.
RCO Fishtown County and the Area Business Improvement, letter of support.
David Aphrodites.
good evening or good afternoon mr chairman members of the board your name is spelled for
the court reporter please sir certainly david orphanetes from orphanetes and toner llp
to penn center 1500 john f kennedy boulevard suite 800 philadelphia pennsylvania 19102.
do you swear for him to tell the truth the whole truth and nothing but the truth
i do and my last name is called o-r-p-h-a-n-i-d-e-s all right our board member thomas holliman has a
a few questions for you.
Certainly.
Good afternoon, counselor.
Do you agree to waive the reading of the refusal
and stipulate to its accuracy?
It's a referral and the answer is yes and yes
to both of the questions.
Okay, according to our records,
you have submitted all of the required documents.
Is that correct?
That's correct.
Please proceed.
Okay, may I share my screen?
hopefully you can all see that um good afternoon everybody again david orphanetes on behalf of
1317 bagel llc uh they are the tenant of the ground floor and cellar of this property you're
seeing in front of you located on the southeast corner of frankfort avenue and mercer street
um the above the units of the floors above the second third floor are residential
As you'll see later on in our exhibit book, the property was previously approved for a sit-down
restaurant at the ground floor and other eating establishments, food establishments. Those permits
had lapsed by the time my clients leased the space, so we're back here again today. And as I
indicated, this is a referral matter because we're in the North Delaware Avenue overlay. The property
you'll see is zone cmx2 which typically permits as you know sit down restaurants however again
because of location on property in the north Delaware avenue overlay you need to come before
the zoning board before that having gone to the community for relief for the special exception
we do have a letter of support from the fishtown neighbors association
unfortunately when it got added into my book it got a little jumbled up
Unfortunately, when it got added into my book, it got a little jumbled up, but you can see the community was supportive.
You can see here, it says the community was supportive of the following elements of the plan.
They wanted to know how trash was going to be stored, which we showed them in our plans, which you'll see below.
We also received a letter of support from the Fishtown.
By the way, the Fishtown Neighbors Association was the coordinating RCO for the project,
but another RCO was the Fishtown Kensington area business improvement district we met with them as
well back in December and and we also have a letter of support from them at tab two of our
exhibit book as indicated initially this is a referral matter at exhibit three of our book is
our November 15 2021 a dated notice of referral from the department of licenses and inspections
again confirming the CMX2 zoning classification for the property and the reason that we're
having to go through this process is that we are in a North Delaware Avenue overlay where eating
and drinking establishments are only permitted following the issuance or the granting of a
special exception by the zoning board. Exhibit 4 is our application for special exception in our
project information form, which you can take a look at if you'd like, setting forth the things
that we'll be discussing today. Zoning map for the property confirming the location of the property
is a CMX2. You can see it right here located at the corner of Frankfort Avenue as you're
heading northbound on Frankfort Avenue. It's on the right just at the corner of Mercer Street.
Here is the the atlas page for the property again confirming the CMX2 classification
and the North Delaware Avenue overlay. Zoning archives I mean zoning the zoning table use
table from the zoning code indicates here that in cmx2 a sit-down restaurant would be permitted as
a matter of right and then the delaware avenue or related provisions from 145038 are also included
at exhibit 5 of our exhibit book again confirming that a special exception is required i think this
board is very familiar with the criteria the requirements the standard of review for the
granting of special exceptions. We do meet all the specific requirements or criteria that apply
to a sit-down restaurant. And as you can expect, given the location of this property, we do satisfy
this, do meet the threshold, the initial burden of proof for addressing the specific detrimental
impacts on the neighborhood, both in terms of congestion in the public streets, the overcrowding
of land there will be neither associated with this it's going to be a small bagel shop there
will be no impairment on the adequate supply of light and air to adjacent properties we're not
proposing any increase to the size or area of the building we with our operations we will not be
burdening water sewer school park or other public facilities again it's a bagel shop we will not be
impairing or permanently injuring the use of adjacent confirming properties conforming
properties again it's a bagel shop and as you'll see in our exhibits there and as many of you
surely know there are restaurants up and down frankfort avenue it's become quite a restaurant
corridor there there's nothing about this bagel shop that will be endangering the public health
or safety by fire or other means and nothing about our application is inconsistent with the
comprehensive plan of the city again you can see on the zoning map where we are located here's an
aerial image of the property located on the southeast corner. Exhibit 6 includes a number
of other aerial images of the property from different vantage points in 2D and 3D. You can
get a full sense of our property and where it's located, again, right along the Frankfurt Avenue
business corridor. As I indicated, there are restaurants up and down, sit-down restaurants,
takeout restaurants prepared food restaurants up and down frankfort avenue here's our property
right here labeled as site but as you can see um and as you know there are restaurants all up and
down frankfort avenue above for art avenue photographs of our property are included at
exhibit eight um we started out with this one at the beginning of our package
if you scroll around you can see up and down frankfort avenue business corridor retail
businesses other restaurants across the street up and down the block all in close proximity to our
own business mercer street is a smaller residential street you can see it's very narrow that extends
away from our property away from frankfort avenue there's a vacant uh vacant lot to the uh behind
us on mercer street this is the rear of the property here at the bottom of page 11 of exhibit 8.
uh the interior of the property as i mentioned uh this is the current
The interior of the property, as I mentioned, this is the current condition.
It was last used for an eating establishment.
It was not a sit-down restaurant, but a lot of the equipment is still, as you can see,
is still in the interior downstairs is unfinished at the present time.
Here are our floor plans.
We're planning to have seating along the front windows that you saw in the photographs, and
And then fixed seating along the Mercer Street side and then on the opposite side to their service counter where people will come up and get service.
We're a sit-down restaurant.
We don't meet the requirements, the criteria for a takeout restaurant or prepared food because of the number of seats that we have.
And as such, we are here for, again, a sit-down restaurant as opposed to prepared food, which is what a bagel restaurant often would be.
but we wanted to provide more seating than is permitted to be deemed a prepared food.
My clients own a number of other restaurants, both on Frankfurt Avenue and nearby in Northern
Liberties. 1832 Frankfurt, they own and operate as a Kaia by Yanaga. And then down at the Piazza,
Piazza. They have Figo. They have Set No Libs. They have their first Bagels & Company. This
is going to be the second Bagels & Co. operation that they're going to be having here in the
city, but their first one is there at the Piazza at 1001 North 2nd Street. You'll see
we don't have signage as part of this application, but the proposed signage is going to be the
same as what you see here above the door and then they also have inejo it went also at the piazza
so they're established in this community both in in uh up in fishtown and in northern liberties
and here's the signage that we're proposing for the location but again not part of this application
as i indicated there were there are as you can see from the photos that i showed as long as well as
the zoning archives the property this ground floor and cellar has been used for eating establishments
in the past we're here because those permits have expired i do include exhibit 15 the deed for the
subject property showing 1317 frankfort lp as the owner our lease with that entity is at tab 16
showing our right to be here and right to utilize the property.
Copy of the zoning notice for today's hearing is included at tab 18.
Photographs of the posting of that notice and the notice of referral at tab 19 on Bow Street frontages,
Frankfort Avenue, and on Mercer Street as required by the zoning code.
And then at exhibit 20, confirmation from the Planning Commission at Fishtown Neighbors Association
was designated as the coordinating RCO for this matter,
a copy of the addresses to which we mailed,
a copy of our 14.303 notice,
which included the information for today's zoning board hearing.
Originally, we sent an original notice
without information regarding the Fishtown Neighbors meeting
because we were required under the zoning code
to do that within 20 days of the designation
by the Planning Commission at that time.
We did not have the information.
the specific information for the Fishtown meeting so then we subsequently sent another notice which
did have the information uh for the Fishtown meeting oh there we go um and uh with that I
would rest uh with the opportunity to for any rebuttal and to answer any questions by the board
counsel do you want to have your the owner adopt your question that would be great and then I'll
move my exhibits into uh into the record uh is derrick gibbons or and or tim lou on their names
would be identified and or as a glue glu hi guys how are you hey could you could you state your
name and spell for the court reporter yes sir derrick gibbons d-e-r-e-k g-i-b-b-o-n-s right
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Pristine counsel.
Derek, you are with 1317 Bagel LLC, correct?
Yes, sir.
And that's a tenant of the subject property?
Correct.
And did you hear the statements I made to the board this afternoon?
Yes, sir, I did.
And are they true and correct to the best of your knowledge?
Yes, sir, they are.
And would you adopt them as your own?
Thank you.
And with that, I will move the exhibits in my exhibits into the record.
Thank you.
Questions from the board?
no mr chairman questions from the virtual audience