civus
Hearing video

ZBA Hearing - September 2, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20267h 50m

Well, Mr. Chairman, you want him.

Similar wording

are you calling him

Similar wording

on the

Similar wording

There are no more hands.

Similar wording

Um, we could let.

Similar wording

Planning take a position yet planning, take a position.

Similar wording

Nina Salmonic with the planning commission.

Similar wording

the comprehensive plan recommends no change the existing rsa 5 residential single family attached

Similar wording

zoning at this location the proposed multi-family use is reasonable with the larger size of the

Similar wording

corner property however the planning commission recommends the board grant the requested use

Similar wording

variance for multi-family housing limited to two dwelling units and mr chair uh you know given that

Similar wording

coming back i would ask for the record to remain open i'll have my client provide measurements both

Similar wording

of the interior yeah of the unit and the exterior so we can always reopen it yeah what i'm saying

Similar wording

we're going to close it now right and you know what you have to bring relative to zoning and at

Similar wording

the same time we'll let him know the other council will know what we're coming back so in my mind

Similar wording

this is closed now but you're going to come back with some drawings and things like that that would

Similar wording

make sense we'll look at it and then we'll see where we stand on the 6th if we have to we'll

Similar wording

reopen all right yeah just knowing there could be a possibility yeah yeah yeah yeah to this

Similar wording

year standing and stuff well not only that i mean i would go to even showing my case for undue

Similar wording

hardship given that it's configured as three units we're not changing that configuration

Similar wording

the expense that's involved but i'll defer to the board in that respect right okay all right

Similar wording

thank you i think you have one more right yes um mi 2025 003 311 2725 west berks street mr

Similar wording

knockam says the attorney mr knockamson just for the record state your name alan knockamson right

Similar wording

and um could you identify your client a relationship to this property yeah my client is 2725 w berks

Similar wording

st llc in a virtual audience is one of his representatives shlomo levy right and i notice

Similar wording

also that strawberry mansion community concern has a rather letter support but it's a lot a long

Similar wording

letter here right um am i right yeah i don't know well we'll take a look i i i don't remember it

Similar wording

being i thought it was pretty straightforward but let's take a look am i am i right there's a

Similar wording

right yeah right yeah i mean it goes on a couple pages i i i i'll take a look i didn't notice it

Similar wording

being that long but okay i thought this was a straightforward one you say that you always say

Similar wording

that i hold it back for this one last one seemed to take a little turn they always do good afternoon

Similar wording

have you submitted your documents and exhibits five days in advance of this hearing i have and

Similar wording

you wave that we didn't know the refusal and simply to us i do all right thank you

Similar wording

you can proceed with your keys okay thank you oh where's my cursor kind of disappeared oh here it

Similar wording

is let's see if it works oh there it goes hi 2725 west berk street rsa 5 property we're seeking

Similar wording

single family use. This is a dimensional variance. This is undue hardship. We have 12 exhibits. At

Similar wording

the end, I'll ask Shlomo to virtually raise his hand. Very simply is this. You have, we are

Similar wording

required to have a rear yard depth of seven feet. We have five feet, five and three eighths, but

Similar wording

that's in name only. That's the smallest part of our rear yard. There's another part of our rear

Similar wording

yard that's over 25 feet in rear yard depth uh so it's a regular shape lot we're not trying to

Similar wording

cram any units in here we're just one single family unit um i honestly maybe i didn't look

Similar wording

at the letter because i was like well you know miss cummings talked to our client uh and mr

Similar wording

goldberg i won't be surprised she'll be on yeah i'm sure she will and i was like well i got support

Similar wording

from manning on neighbors council and i got this i was like wow and so it looks like he's unanimous

Similar wording

support yeah um i didn't really see anything else but i will leave it to her on that um but

Similar wording

yeah she mentions about i said i thought something about roof for roof deck access structure and but

Similar wording

it doesn't look like our plans show that but um we oh maybe this is why she asked us to remove

Similar wording

the bay window we did that by way of revised plans she told us to change the facade material

Similar wording

to brick we did that so maybe that's what the letter has to do oh here's it i know you have a

Similar wording

oh here's it i know you have a long list um here is our five and five and three eights

Similar wording

long list here.

Similar wording

here is our 24 and eight and a quarter so this is a regular shape lot this is the quintessential

Similar wording

undo hardship okay we can't change it um i'll just quickly go through the other stuff by the

Similar wording

way we're not out of character on the other side uh is also another building uh that kind of kind

Similar wording

is similar to us so you know that's what happens when you have irregular shaped properties um

Similar wording

you see here 2715 westberg's uh zoning map again single family

Similar wording

photographs it's baking lots been a baking lot for a lot long time orange notice poster

Similar wording

westberg's uh streets till right of the property to left of the property architectural plans and

Similar wording

drawings i have tony masso here if you need him but it's just a single family house we got rid

Similar wording

of the bay window we have a pronounced cornice line brick facade um lentils

Similar wording

you know a single family but i can quickly go through the floor plans you come in living room

Similar wording

kitchen uh bathroom uh you have a lower level which is a flex area and then second floor you have

Similar wording

uh two bedrooms here and a bathroom and then you have a primary suite there's no roof deck

Similar wording

access structure so we're not planning to do that you know and also respecting the fact that we're

Similar wording

in strawberry management as well yep that's it you know august bring your client yep let's do it

Similar wording

bring your client homo

Similar wording

slow mo levy has been promoted

Similar wording

hi everyone can you hear me we can could you please state your name is spelled for the

Similar wording

sonographer my name is shlomo levy s-h-l-o-m-o last name levy l-e-v-i were you on once before

Similar wording

today no okay do you swear we're referring to tell the truth the whole truth nothing but the truth

Similar wording

i do counsel shilomo you heard everything i had to state today about your zoning matter

Similar wording

yes i did including the provisos regarding the removal of the bay window and and adding some

Similar wording

brick to portions of the facade did you hear that say it again you heard are the revised plans

Similar wording

include removal of a bay window and to add some brick to some portions of the facade you heard

Similar wording

that right yes and is it true and correct what i stated yes and do you adopt it as your own

Similar wording

testimony yes thank you questions from the board questions for our attorney no questions at this

Similar wording

time questions or comments from the virtual audience yes one hand from strawberry mansion

Similar wording

community concern okay coming in now thank you good afternoon can you good afternoon i most

Similar wording

certainly can could you state your name please and spell for the stenographer good afternoon

Similar wording

Mr. Chairman and the board. My name is Bonita Cummings. It's B-O-N-I-T-A. Cummings, C-U-M-M-I-N-G-S.

Similar wording

All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

I just wanted to particularly acknowledge the responsiveness of the applicant and architect

Similar wording

um during our public community meeting um concerns were raised regarding natural light

Similar wording

and air circulation because of the unusual configuration of this property and rather

Similar wording

than dismissing those concerns the applicant listened and revised the plans by adding

Similar wording

additional windows while also addressing privacy for neighboring properties so this is an example

Similar wording

of how the rco and public community process can work positively when developers are willing to

Similar wording

listen to community concerns and make reasonable adjustments the process does not have to result

Similar wording

simply in support or opposition it can result in a better development we therefore ask the board

Similar wording

should it approve the application to give careful consideration to the provisos contained in our

Similar wording

decision letter particularly that the property remain a single family dwelling

Similar wording

um that the that the basement remain accessory to the dwelling and not become a separate unit

Similar wording

um that the that the basement remain accessory to the dwelling and not become

Similar wording

and that there be of course no rooftop deck and that the revised window design and other

Similar wording

commitments presented to the community be maintained and that trash and recycling

Similar wording

containers be stored inside the property or in the rear yard we indicated in the letter something

Similar wording

about screening but that was an error so we would you know hope that they would keep the

Similar wording

tread they have yard space um for the trash so we do give um this property 2725 westberg street not

Similar wording

just um normally we would say non-opposition but we do want to say we do support this project and

Similar wording

um it'll be a great addition to the properties that are single-family homes coming to the 1800

Similar wording

block of edding street as well that'll turn the key so first of all i want to thank miss

Similar wording

cummings for constructive dialogue and i do want to say though because this is a for sale by owner

Similar wording

property single family use typically um i i defer to the board about the trash storage i want the

Similar wording

owner to decide like you know whether they want to store it outside or they want to store it indoors

Similar wording

that's really an owner's decision this is not a multi-family structure um i think they can decide

Similar wording

on their own okay um anyone else in the audience there are no more hands planning commission

Similar wording

ina solomonic with the planning commission in 2014 the property was remapped from rm1 residential

Similar wording

multi-family to rsa5 residential single family attached the appellant's property is an irregularly

Similar wording

shaped triangle which impacts the rear yard setback planning commission recommends board

Similar wording

grant the requested dimensional variance mi-2026-003-311-2725 west burke street i vote yes

Similar wording

with proviso revised plans one page stamped by cba on september 2nd 2026. michael johns my vote is

Similar wording

yes with proviso cheryl gaston my vote is yes with proviso tennetta graham my vote is yes with proviso

Similar wording

ryan mcadams my vote is yes with proviso ayewen my vote is yes with proviso layla baby my vote

Similar wording

is yes with proviso thank you thank you so we have one more case left on this list and then we're

Similar wording

going to switch to the 330 list even though it's 521 but besides that point all right so number

Similar wording

8 mi 2026 002 531 2206 fairmount avenue rachel pritzker is the attorney

Similar wording

pies the pies are coming

Similar wording

good evening

Similar wording

counsel could you please state your name it's belford stenographer yes it's rachel r-a-c-h-a-e-l

Similar wording

pritzker p-r-i-t-z-k-e-r do you swear or affirm to tell the truth the whole truth nothing but

Similar wording

the truth yes uh could you identify your client the relationship to the property yes um my client

Similar wording

is um little susie's um coffee shop which is the tenant for the property um we're going to go

Similar wording

toward your our vice chair has a few questions for you but i want to tell you when this came

Similar wording

up everybody said the same thing here come the pies if you're interested good good afternoon

Similar wording

have you submitted your documents and exhibits five days in advance of this

Similar wording

hearing yes and do you waive the reading of the refusal and stipulate to its

Similar wording

accuracy yes thank you all right thank you can show your screen to begin yes

Similar wording

support from Spring Garden and also Councilman Young yeah so speaking of

Similar wording

pies I have to bring this on the screen for anyone who's not familiar with

Similar wording

Little Susie's. This is a local staple and they've been expanding. They were founded in Port

Similar wording

Richmond in 2019 and have been expanding since then. And so this proposed Fairmount shop at 2206

Similar wording

Fairmount Avenue will be their fifth Philadelphia location. As mentioned, they specialize in

Similar wording

handmade sweet and savory pies, coffee, espresso, and other non-alcoholic beverages

Similar wording

in a small primary walk-up and takeout format.

Similar wording

In front of you, we have the refusal.

Similar wording

The property is zoned RM1,

Similar wording

although it has a longstanding use for commercial.

Similar wording

And the application is for use

Similar wording

for eating and drinking establishment takeout restaurant

Similar wording

in an existing attached structure

Similar wording

with all of the uses as previously approved.

Similar wording

And per RM1, the eating and drinking establishment

Similar wording

for takeout restaurant is not permitted in RM1.

Similar wording

Let's go down to tax clearance.

Similar wording

go down to

Similar wording

This is the copy of the lease.

Similar wording

Here is the zoning map for the property, the property is on Fairmont Avenue, and as mentioned,

Similar wording

it's zoned RM1.

Similar wording

aerial photo of the property on Fairmont Avenue, more aerials.

Similar wording

Okay. So this is the front view of the property. So you can see,

Similar wording

this is an existing mixed-use building with two residential units above in an

Similar wording

approximately 475 square foot ground floor commercial storefront um so this requested

Similar wording

relief is limited to just one variance to permit the existing food um eating and drinking

Similar wording

establishment takeout restaurant which isn't permitted in our um rm1 um there'll be no

Similar wording

customer seating public restroom alcohol entertainment expansion of the building or

Similar wording

dimensional relief um so this operation just includes no commercial cooking or equipment

Similar wording

requiring an exhaust and as you can see really small previously existed for many many years

Similar wording

commercial front to this building in the I think for the last 80 years it has been used for

Similar wording

commercial purposes including an electrical appliance store a dry cleaner and most recently

Similar wording

an insurance office which was authorized by the ZBA in 2017 so sort of the long-standing function

Similar wording

here has been neighborhood serving commercial storefront rather than you know trying to

Similar wording

break this down and make it a residential use this very sort of passive but exciting use sort

Similar wording

of fits the commercial character of the neighborhood and as mentioned there's support

Similar wording

from the RCO and the council office this is the zoning posters on the property

Similar wording

let's see the space

Similar wording

this is just an interior view of the space again like 475 square feet so

Similar wording

really small no room for an exhaust

Similar wording

just some of the other locations all most of the locations are again small commercial storefronts

Similar wording

and again it's sort of a neighborhood based neighborhood serving staple

Similar wording

this is where in the code we don't comply as you can see for arm one eating and drinking

Similar wording

establishment for takeout requires a variance we met with the rco fairmount or sorry spring garden

Similar wording

civic association back in may 26 and they sent zero notices of mailing and they sent us a letter

Similar wording

support they wanted us to have this meeting sooner i know we all tried everyone was very

Similar wording

excited about this uh expansion um and they uh most of this letter is about how good the pies are

Similar wording

but it also does talk about you know the fact that this is great for the the corridor and it fits in

Similar wording

and it will attract additional foot traffic and all good things on fairmount avenue so um

Similar wording

the community group is in support of this project and we appreciate working with them on this we

Similar wording

also again have a letter of support from councilman jeff young's office as well

Similar wording

just to go through the floor plans um as mentioned it's really small 475 square feet

Similar wording

of this space um similar to most other takeout spaces um where there's not you know public

Similar wording

bathrooms there's not seating it's really meant to come order grab and go and most of the space

Similar wording

is used for you know food prep and the minimal equipment um that there is so

Similar wording

um and that's sort of it on our presentation um obviously the hardship is that it's an existing

Similar wording

commercial it's been commercial and this is sort of a similar use as has been there and also is

Similar wording

complemented to the neighborhood all right why don't you bring someone on to adopt your testimony

Similar wording

sure um daniel martino should be in the audience okay

Similar wording

yes daniel should be coming in shortly thank you you're welcome

Similar wording

you're welcome

Similar wording

hello hi could you please state your name and spell for the stenographer

Similar wording

yes my name is dan martino that's d-a-n-m-a-r-t-i-n-o do you swear or affirm to tell the

Similar wording

truth the whole truth and nothing but the truth i do counsel uh hey dan um have you heard my

Similar wording

testimony today do you believe it to be true and accurate and do you adopt it as your own

Similar wording

i have and i do thank you questions from the board um is there any plan to use the basement for

Similar wording

this um business not at all okay thank you okay so how do you bake these pies or are you baking

Similar wording

the pies on site or so they're produced we make them at our commissary uh bakery on lehigh avenue

Similar wording

um and then we deliver frozen to each of our locations oh okay and then they warm them up

Similar wording

there they warm them up on site yeah okay so you're because i heard no venting so i'm just

Similar wording

trying to figure out how that's how there's ovens correct dan you have an oven but if you think

Similar wording