Philly Pizza Faces Risk of Closure
DCRA Revokes Certificate of Occupancy, Appeals Process Underway
The D.C. Board of Zoning Adjustment will meet with the owner of Philly Pizza & Grill, Inc. today in response to the cancellation of the establishment’s certificate of occupancy on Oct. 14 by the D.C. Department of Consumer and Regulatory Affairs.
Mehmet Kocak, the owner of Philly Pizza & Grill, will seek a stay of enforcement at the meeting as he appeals the DCRA’s decision to revoke the establishment’s COO, according to Aaron Golds (COL ’11), the student representative for the Advisory Neighborhood Commission 2E.
“The appeals process may take months, and the stay will allow them to remain open during this time. If the BZA denies the stay, Philly P’s will have to close down until they win the appeals process, or win a special zoning exception to allow their continued operation at that location,” Golds said.
Depending on the outcome of the BZA’s decision tomorrow, Kocak will have several options regarding his business’s future. According to DCRA spokesperson Shana Kemp, if Philly Pizza is successful in its request for a stay of enforcement, the establishment can continue to exist in its current form. If it is unsuccessful, they can apply for a special exception approval from the Board of Zoning Adjustment in order to continue operating as it does currently.
“[They can also] close and move to another location or they can change the nature of their operation to be consistent with the definition of restaurant use,” Kemp said.
The establishment has been subject to grievances from Georgetown residents since the move of the establishment to Potomac Street from its original 35th Street location. Residents have complained of high noise levels, littering and disorderly behavior. According to Ron Lewis, chairman of the ANC 2E, DCRA plans are in line with the wishes of residents.
“They are a fast food place — not a restaurant — in a residential street, which is not allowed. This is a zoning issue. One of our commissioners, Bill Starrels, has written a letter to the BZA voicing the concerns of residents and sympathizing with the DCRA,” Lewis said.
“Any attempt by DCRA to enforce this fatally flawed Notice to Revoke would improperly shut down the Appellant’s operations and constitute a death sentence for this small, minority-owned and -operated business,” said John Patrick Brown Jr. and Kate Olson, representatives for Greenstein DeLorme & Luchs, P.C., the firm representing Philly Pizza & Grill in its request for stay of enforcement. It is not clear what the outcome of the meeting will be.
“I cannot tell you how likely [the success of the appeal is]. It is for the board to decide. I am not aware of any precedent and am not sure about the merits of this appeal,” said Sara Bardin, special assistant in the District of Columbia Government Office of Zoning.
According to Golds, the appeal is warranted, but the BZA has the right not to grant the stay of enforcement or ultimately the appeal.
“The zoning violations are very serious, and the BZA would be acting within their right to not grant the stay, which would shut down Philly P’s, but that is a decision that will be made by the BZA, not the ANC,” Golds said.
Philly Pizza & Grill, despite the concern of residents, is a popular late-night haunt for many Georgetown students.
“I know Philly P’s is important to the student body, but there is nothing that can be done from an ANC perspective to help the establishment. My hands are tied by the DCRA investigation and the BZA’s ruling tomorrow,” Golds said.
The meeting will occur at 1 p.m. on Tuesday, Nov. 17, at 1 Judiciary Square, 441 4th St. NW.
Nov 17 2009 at 9:37 a.m.
It's a shame to see the race card still being played in 2009: “Any attempt by DCRA to enforce this fatally flawed Notice to Revoke would improperly shut down the Appellant’s operations and constitute a death sentence for this small, minority-owned and -operated business,” said John Patrick Brown Jr. and Kate Olson, representatives for Greenstein DeLorme & Luchs, P.C., the firm representing Philly Pizza & Grill.
What's that supposed to mean, if the owners were white it would be fine to shut it down, but since they're minorities, they should get special treatment?
Nov 17 2009 at 11:51 a.m.
Any GULC alums or professors out there that can help out a neighbor. A little pro bono work on this case would surely get you invited to the Carroll Rounds.
Or even better, so undergrad prof should for once assign a paper topic that actually produces useful student analysis. Some MSB Biz Law students with some SFS brains, should be a piece of cake. Be men and women for people needing philly.
Nov 17 2009 at 12:05 p.m.
Anonymous:
That's what's called "not having a real argument." I loathe the neighborhood and its overly-strict policies and general griping about students. But Philly P messed this one up. They made a huge mistake by moving farther from campus and being at all dishonest in their paperwork.
Nov 17 2009 at 8:52 p.m.
As much as I love Philly Pizza---I have to say the neighbors have a compelling argument here when they say that Philly's is operating outside the bounds of an actual restaurant. I hope they get their act together. And no, pulling out the race card isn't the way to go about it.
Nov 17 2009 at 9:52 p.m.
The end of Philly P's already started when it moved locations. At this point it should just be put out of its misery. Or move back!
Nov 17 2009 at 11:16 p.m.
I almost don't care. This is what they deserve for moving locations.
Nov 18 2009 at 11:48 a.m.
I lived next to the old philly pizza as an undergrad and had my fare share of late-night encounters with unruly patrons. Granted, I was at times an unruly patron -- I also sympathize for the nearby residents --paying the big bucks to live in Georgetown, to have to put up with littering, inappropriate behavior, etc.
Plus the pizza sucks & the joint was rat infested.
Nov 18 2009 at 1:10 p.m.
Weren't they forced to move locations? I hardly see them being shut down because of that as fair. The ANC has been a whiny, anti-student thorn in Gtown's side for so long I feel absolutely no remorse that residents are being awakened by Philly P customers at 2am on Saturdays. Shoulda let us build more things on campus, bitches! Then maybe we'd give a damn about your Philly P complaints.