When we reported this spring on plans to open a comedy club in the basement of the two-story building at 1123 S. Broad St., we were optimistic that the project had a clear path to approval. The business was able to pull a zoning permit for a sit-down restaurant, but the inclusion of live performances triggered the need for a special exemption from the ZBA. Whereas the board has a lot of discretion about the decision to grant variances for projects, the criteria for special exceptions are more particular. From our perspective, the club was exceedingly likely to get the requested special exemption, having secured the support of the local RCO after the owners addressed noise concerns.

Well the joke’s on us, as the ZBA voted to deny the special exception last week. Technically the vote was tied 3-3, but under the ZBA rules that results in a rejection. Board members don’t typically explain their reasoning behind any of their votes, so the best we can do is make assumptions based on the sorts of questions asked during the hearing. The challenges of operating a club in the basement of an old building seemed like the paramount concern, particularly dealing with the low ceiling height. The viability of the business at this location was also questioned, as well as signage limitations for the new club.

Sure, a comedy club sharing a building with a pawn shop, checking clearing business, and a church does sort of sound like the set-up for a joke. But we’re not certain that those concerns really address the threshold set out by the zoning code. The applicant pointed out that a location on Broad Street has some real advantages, though the close proximity of the Ellsworth-Federal subway station won’t mean much for the night club if the trains stop running at 9pm. Maybe this new business would thrive in South Philly, or maybe it would immediately fail. But that’s a separate question as to whether “the proposed use is substantially likely to cause a detrimental impact on the health, safety, and welfare of the neighborhood exceeding that which normally might be expected from the proposed use.”

The zoning board may have dealt this proposal a serious body blow, but that doesn’t necessarily mean it’s DOA. In theory, the owners could apply for building permits to proceed with a restaurant and 86 the performance aspect of the plan, but that seems unlikely. As a first step, we would expect the owners to file a Motion for Reconsideration with the ZBA, hoping that the board, will, uh, reconsider their ruling. If that doesn’t work, it’s possible the owners could appeal to the Court of Common Pleas, where we suspect they would prevail under the law. At best, this might just cause an inconvenient delay of a few months. At worst, it might result in the entire project falling through. We’ll be crossing our fingers for the former, and will hope to be yukking it up on South Broad Street very soon.