civus
Hearing video

ZBA Hearing - October 7, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 7, 20205h 6m

for the appellant uh if you're on and you agree with the continuance please let us know

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okay hands okay mi-2020-0002575327 locust street is continued

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here on number three on your list it has no date is i'm sorry no address is 2319 north 2nd street

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request for the continuance by the applicant and it's continuing a little bit i'm sorry

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is it okay now no i'm getting feedback i don't know if it's you or me

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I'm breaking up real bad to you.

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Go out and come back.

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how about now

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that's good thank you good thank you you were saying 2319 north second is a request for

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continuance yes that has been continued until january 13th at 3 30 okay so mi that's 2020

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does 000255 2319 north second street is continued and then we have a request on number 13 we

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received um an email from joe consol's office requesting um to withdraw this appeal

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pardon me mi-2020-0008292036 east madison street is withdrawn

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any other requests for continuances or withdrawals i'm sure i have here number 11 on your list

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request from the attorney of record olav sakalov to continue as the attorney moving party

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okay mi-2020-000828 3319 north 17th street

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there's a request for attorney moving party is there anyone who wants to speak on this case

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i have charles richardson charles richardson you're gonna meet yourself

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uh good afternoon mr richardson you're still under oath please identify yourself on the record

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please identify yourself for the record good afternoon mr chair uh charles from the office

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good afternoon mr chair uh charles richardson from the office of county

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of councilwoman bass um i was actually uh calling on behalf of 59 59 51 kimball which is another one

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but uh 3319 north 17th street uh we have no objection to it being continued

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attorney moving party uh okay the other one was kimball avenue kimball avenue 59 51 okay this is

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number 10 on your list. Number 10 on our list. And I have it marked as not having received any

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exhibits. That case will be continued. Well, they have not reached out to the RCO. I know

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Sandra Brodus is trying to get on and she said that no one has reached out to her and no one

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has reached out to our office. So would you like it continued or we would like to see it dismissed

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if they're not going to respond well in deference to everybody because of some of the challenges

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we're having and reaching out we've been giving everybody a little extra time so I think again in

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the interest of fairness we'll continue this case okay MI-2020-0001465951 Kemble K-E-M-B-L-E

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avenue is continued no more hands chair um but i do i don't know if it was mentioned number 16

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on your list but we call that one i don't think we did our attorney steve masters has requested

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a continuance to amend the application he's continued until january 13th at 9 30 okay mi-2020

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i'll repeat that number again mi-2020-000830 1344 north 5th street is continued what is that date

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january 13th at 9 30 a.m january till january 13th at 9 30 a.m thank you all right and chair have

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you already read number 18 into the record there was a continuance request from Alan

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Nockamson. No we did not but I'll do it now. MI-2020-000841-1041 South 53rd Street. It's

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continued. That's all on my end. Okay let me get my paperwork straight here again.

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I think I got it right.

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So number five, I think we read the 3248 North Carlisle.

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I'm sorry.

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I'm sorry.

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Scratch that.

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All right.

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Bob, with that, we can begin the first case, Mr. Viplaza.

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Okay. MI 2020-001212-9165, Rajav.

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uh chair we have michael malloy michael are you the attorney for this

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yes hi good evening good afternoon this is Michael Malloy of Obermeyer Redmond Maxwell

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Hipple for the applicant Michael are you swearing a firm to tell the truth the whole truth for

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nothing but the truth I do and do you agree to waive the reading of its refusal and stipulate

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to its accuracy? I do. Have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans

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five days in advance of this hearing? We have. Also, have you met with the RCO and have a letter?

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It is in the exhibit packet, yes. Thank you. You may proceed. Thank you very much. So we're here

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today on a relatively easy zoning variance application for 9165 Ridge Avenue. And 9165,

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if I could share my screen here, let me see. 9165 Ridge Avenue is an existing

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9165 Ridge Avenue is an existing police and fire credit union building located right on the border of Philadelphia and Montgomery County at Northwestern, on Ridge Avenue, between Northwestern Avenue and what's called Pep Boys Avenue.

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And I think that's what I'm saying.

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it's an existing police and fire credit union and the signage that you see in front of you

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this existing 20-foot police and fire credit union sign is already installed and we're here

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today to talk about the three by ten illuminated portion of that sign the illuminated portion of

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sign conflicts with the ordinance or the the code i'm sorry in a couple different ways first it's

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within 200 feet it's about 100 feet away from northwestern avenue and it's about 150 or it's

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about 125 or within 150 feet of the residential areas across the street from the police and fire

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credit union. So there are concerns about illumination. So we met with the RCO and the

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RCO agreed to support the application with some conditions and that would be that the

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illuminated portion of the sign or whatever message the bank intended to send would only

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change once every 30 minutes. And that was in deference to concerns that Ridge is a busier

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Street and we don't want to cause any sort of distraction for customers or potential drivers

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going along Ridge Avenue. Further, that it would dim at dusk. So as the day gets longer,

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the illumination will die down. And then finally, it will turn off between 10 p.m. and 6 a.m.

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So the community was in support of this. And as you can see, it's a relatively commercial area.

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that's the pep boys that you see at pep boys avenue um and then as we if i can scroll down

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here scroll down that's uh looking um toward the east uh up pep boys avenue um the residential uh

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is beyond that thick uh border of of trees so you have a significant buffering from the residential

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across the street and the proposed sign.

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And it's worth noting that the sign location

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makes the sign perpendicular

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and not facing the residential area.

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So there will be no glare.

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And then that's the view from the sign

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facing Northwestern Avenue.

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And that's about a hundred feet.

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So the community was in support of the variances.

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And that is the information.

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I have Jeff Carson, who is a representative of CitySign, and I'm sorry my dog has decided

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to howl a little bit of the background, is a representative of CitySign, who's here on

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behalf of the applicant, the Police and Fire Credit Union, and he can verify what I've

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said today is true.

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Would you please raise your hand so we can acknowledge you?

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Okay, as an officer, Court will take your word that your client would adopt your testimony.

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I apologize about that. I'm sorry. I thought Mr. Carson would be joining us.

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No problem. No problem. Questions from the board?

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No. No. No.

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I just want to make sure I have this straight, Mr. Malloy.

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He said illuminate the signage.

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The message will change once every 30 minutes.

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That is correct.

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and uh illumination uh from was that the illumination will be restricted uh dim at dusk

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yeah i'm not sure how we can do that i'll get that in but the other one was 10 10 p.m to 6 a.m

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that's correct sir is that completely off or is that just yeah yes yes they they felt it

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they wanted it off in the in the later part of the evening yes okay sharon do we have any issues with

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the dusk.

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I don't know if Sharon's on.

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i don't know if sharon's on yeah no i am on um i'd like it to be a little more specific could we just

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Yeah, no, I am on.

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I'd like it to be a little

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pick a time well you know it's my understanding that the the sign adjusts to the actual light

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during the day so uh so as the as the day gets um and and jeff jeff is has confirmed that he is

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on he may be on the phone um i don't know if we want to take a look or we can't if there's any

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way to take a look at who's on the phone joined us but but uh the the sign actually reacts

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electronically to the the lighting so it will automatically start to dim and adjust um and that

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depends you know i on the on the various times of the year because that can that can vary but the

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sign is programmed, I believe, to do that. So it sort of adjusts anyway.

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Can you repeat to me the exact language that you were requesting?

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The community group wrote,

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will begin dimming at dusk so i believe you could you could write it in in a sense that the um uh

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you could say the uh the illumination um will lower in accordance with the

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sunlight or the seasonal light

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it's sunlight you may have a cloudy day um i don't know i think it's just too ambiguous for

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us to do that one that's just they just don't want it they don't want it to be and so maybe

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maybe we're not i know what they want i'm just trying we're trying to figure out the correct

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language oh sure signs still be dimmed during evening hours will that work sure that's that's

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for me yes thank you sharon thank you all right uh anyone else wish to testify on this matter

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in this case please raise your hand

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no hands up thank you planning commission

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uh good afternoon chairman uh members of the board ian litwin with planning commission staff

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that's i-a-n l-i-t-w-i-n and ian do you swear to firm to tell the truth the whole truth nothing

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but the truth yes i do thank you please proceed uh the proposed sign with the negotiated provisos

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will not have a negative impact and will support the redevelopment of the commercial carter

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accordingly we have no opposition to granting the variance thank you mi-2020-001212

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9165 ridge avenue my vote is yes with the following provisos illumination uh to be

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turned off between 10 p.m and 6 a.m messaging will change once every 30 minutes

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and illumination will be lowered in uh during evening hours

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did i leave anything out yes we provide them yes yes we provide though yes we provide though

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okay next one up thank you mi 2020 dash 000 876 965 frankfurt avenue

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I have Adam Laver. Adam, you've been promoted to a panelist.

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Good afternoon, Mr. Chairman and members of the board.

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Mr. Laver, you swear on the firm to tell the truth, the whole truth, and nothing but the

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truth?

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Yes, Mr. Plaza, I do.

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You agree to waive the reading of his refusal and stipulate to its accuracy?

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I do.

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Okay also have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans five days in advance

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of this hearing? Yes I have and a copy of that electronic submission should be up on the screen

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for all to see right now. Thank you. Have you met with the RCO and have a letter? We have and we have

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two letters of support from the coordinating RCO and also from a thank

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you you may proceed thank you very much I okay I was sworn in Adam labor of

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blank room one Logan Square on behalf of Patrick Buckley and Vince's pizzeria

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tenants at the subject property 965 Frankford Avenue

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tenants at the subject property 965 frankfurt avenue the subject property and i have a photo

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up for you to see is an existing new construction uh multi-family apartment building with ground

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floor vacant retail commercial you can see that here along frankfurt and richmond the vacant

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retail commercial the property is located in the cmx 2.5 zoning district right across the street

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from the fillmore theater which i know is well known to members of the zoning board and i'm just

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going through a couple photos so that you can see that in context the proposal before you is to fit

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out a 2500 square foot ground floor space for a pizzeria with seating for approximately 75 people

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it's nice in the midst of this pandemic to represent a business like vincent's pizzeria

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which is a family-owned business with roots in philadelphia that go back to 1946

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they really have a stellar stellar reputation and uh have been serving philadelphians

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since that time and more recently throughout the pandemic. Patrick Buckley

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is here with us and Patrick is very excited to bring this family

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institution to Fishtown. In this instance variance relief is required for two

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reasons. Parking for the commercial use is required under the code and is not

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possible to due to the constraints of the existing site in addition the

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minimus relief is required as the existing commercial space falls just

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short of the required 30 feet in depth this property as you can see in the

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photographs is existing and I would submit members of the board that the 25

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feet and change I'm quite close to the 30 foot requirement and more importantly

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than that that the active use of this space along Frankfort Avenue absolutely

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meets the spirit of the zoning code and the actual intent beyond behind that

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requirement for 30 feet depth of commercial space regarding the parking

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it's important to note the presence of public parking associated with the

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Fillmore within feet of our property right across the street and Fishtown

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Neighbors Association in their letter of support specifically note the presence

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of parking. Parking is a huge issue in Fishtown and it speaks volumes, I would

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submit, that the coordinating RCO is stating that in this instance this is

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appropriate grounds for variance relief and that there are opportunities for

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parking for those who need it, particularly at times when the Fillmore

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is not in use. The project has been reviewed by Council President Clark's

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office. The proposal, as I stated at the outset, is supported by the Fishtown Neighbors Association

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as well as the Fishtown Kensington Area Business Improvement District. The proposed operations

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would be full service seven days per week, approximately 4 p.m. to 10 p.m., possibly until

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11 p.m. on the weekends. As part of this existing new construction building there is commercial

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trash storage on the interior and as a long-standing business in Philadelphia Patrick knows the

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importance of regular commercial trash pickup for a business such as this. It's nice in a time when

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jobs are so in demand that Vince's pizzeria will provide 15 to 20 jobs on site in the community.

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We would respectfully submit that the authorization of variance relief does not alter the

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character of the neighborhood or the district in a negative way, will not be detrimental to

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the public welfare, and will serve an important function. The proposal fits into the surrounding

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neighborhood as evidenced by the neighborhood support and speaks to being within the scope and

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spirit of the zoning code the variance is requested or the minimum necessary to afford relief

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as i stated mr buckley is here and at the appropriate time mr chairman

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is prepared to raise his virtual hand and uh hopefully adopt and affirm the testimony that

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is prepared to raise his virtual hand and hopefully adopt an affirm

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i've offered thank you if you'd like to bring them on now that'd be fine thank you mr buckley

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would you please raise your virtual uh hand so that you can i see you now and uh in a moment

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uh you should be able to be sworn in william patrick buckley

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