The Challenge
The client identified a commercial property in Queen Village but could not legally operate a bagel shop at the location without obtaining a zoning variance under the Philadelphia Zoning Code.
Because the viability of the business depended upon obtaining zoning approval, the lease negotiations also required protections allowing the client to terminate the lease if governmental approvals could not be secured.
The project additionally required community outreach addressing concerns relating to operations, deliveries, seating, waste disposal, and neighborhood impact.
The Solution
Nochumson P.C. negotiated the commercial lease on behalf of the client, focusing heavily on zoning contingency protections tied to the proposed restaurant use.
The firm secured lease terms allowing the client to terminate the agreement if the required zoning approvals were ultimately denied.
Nochumson P.C. then filed a zoning appeal with the Philadelphia Zoning Board of Adjustment and prepared the client for the community outreach process in Queen Village.
Prior to the community meeting, the firm worked closely with the client to prepare operational details, floor plans, renderings, and messaging explaining the proposed business and its compatibility with the surrounding neighborhood.
The presentation received overwhelming community support, and the Zoning Board of Adjustment ultimately approved the zoning appeal.
Zoning contingency provisions in commercial leases can protect restaurant operators when governmental approvals are required before opening a business.
The Results
Following approval of the zoning appeal, the client successfully moved forward with opening The Bagel Place.
The client was able to leave his prior employment and fully launch the restaurant business he had spent years preparing to build.
