Wednesday, February 02, 2011

Zoning Decision 7309 Frankford Avenue

Tuesday, February 1, 2011

Ms. Lynette Brown-Sow


Zoning Board of Adjustment

Municipal Services Building

1401 John F. Kennedy Blvd.

Philadelphia, PA 19102

Re: Appeal for Use Variance at 7309 Frankford Avenue

Cal. No.: 14264 Appl. No.: 311926 Date & Time: Wed., Feb. 16th, 2011, 4:00 p.m.

Owner: 7309 Frankford Avenue, LLC Applicant: Eleanor H. Chen, Esq. Attorney Name: Genesis Services, Inc.

Dear Ms. Brown-Sow:

Please accept this letter on behalf of the Mayfair Civic Association (“MCA”) which represents the neighbors of the Mayfair Community. In reviewing the documentation related to this request, and following the Presentation by the Attorney and Applicant, we Request a Denial to the above application for a “Permit for a Check Cashing Agency, in the Same Space as an Existing Retail Grocery Store, with Bill Payment, Money Transfer in an Existing One-Story Structure.”

The use of this property, located at 7309 Frankford Avenue, is not permissible by § 14-1605, Regulated Uses, which states:

(1) Legislative Findings. The Council finds that:

(a) There has been a recent proliferation, concentrating in certain areas of the City, of certain uses;

(b) That the concentration of these uses causes a deleterious effect on the aesthetics and economics of the areas in which these uses are located;

(c) That the concentration of these uses causes the areas in which these uses have located to become a focus of crime;

(d) In order to prevent the further deterioration of communities and neighborhoods in the City of Philadelphia, and to provide for the orderly, planned future development of the City, that in addition to existing zoning regulations, certain additional special regulations are necessary to insure that these adverse effects will not continue to contribute to the blighting or downgrading of surrounding neighborhoods; and

(e) For the purpose of controlling the concentration of certain uses, special regulations relating to the location of these uses are necessary.

(f) Certain uses are particularly inappropriate in or around residential neighborhoods and residentially related uses, because of, for example, deleterious health, safety or environmental effects.

(2) Definitions.

(k) Check Cashing Establishment. An establishment which is not a bank or financial institution subject to federal and state regulation that charges either a flat fee or a fee based on a percentage of the face value of a check to be cashed or processed by such establishment and provides such services to the public.

(3) Application. The following uses are designated as regulated uses:

(j) Check Cashing Establishments;

(4) Prohibited Conduct. No regulated use shall be permitted:

(a) Within one thousand (1,000) feet of any other existing regulated use; and/or

(b) Within 500 feet of any residentially zoned district (regardless of the actual uses contained therein), Institutional Development District or any of the following residentially related uses:

(.1) Churches, monasteries, chapels, synagogues, convents, rectories, religious article, religious apparel stores, residential homes, or apartment buildings, hotels or Convention/Civic center;

(.2) Schools, up to and including the twelfth (12th) grade, and their adjunct play areas;

(.3) Public playgrounds, public swimming pools, public parks and public libraries;

(c) For the purposes of this Section, spacing distances shall be measured as follows:

(.1) From all property lines of any "regulated use" in section (3) above;

(.2) From the outward line of boundary of all residential zoning district or Institutional Development District;

(.3) From all property lines of any residentially related use in (4)(b)(.1) through (.3) above; and

(d) Within any commercially zoned district, except for "C-6" Commercial in which regulated uses shall be permitted, unless a Zoning Board of Adjustment certificate is obtained; and

(4.1) Additional prohibited conduct. Within the Sixth and Tenth Councilmanic Districts, no special regulated use shall be permitted:

(a) Within one thousand five hundred feet (1,500') of any residentially zoned district (regardless of the actual uses contained therein).

(6) Discontinuance of Operations. Should any of the regulated uses listed in (3)(a) through (i) above cease or discontinue operation for a period of ninety (90) or more consecutive days, it may not resume, nor be replaced by any other "regulated use" unless it complies with all the requirements set forth in Section 14-1605(4) and (5) above.

(7) Conflicting Regulations. When the provisions of § 14-1605 conflict with other provisions within this Title, the more restrictive provisions shall control.

(8) Severability. Each of the provisions of this ordinance is severable, and if any provision is held invalid, the remaining provisions shall not be affected, but shall remain in full force and effect.

If you have any questions, please do not hesitate to contact me at the number below.

Very Truly Yours,

Joe De Felice sig P McDermott Signature.jpg

Joseph J. DeFelice, Esq. Peter J. McDermott

President Secretary/Zoning Chairperson

(215) 292-3926

cc: Maurice J. Hartey, Mayfair Community Development Corporation

Michael Scotese, Mayfair Business Association

Linda Lawrence, Councilwoman Joan L. Krajewski

Eleanor H. Chen, Esq., Attorney for Applicant


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