civus
Hearing video

ZBA Hearing - November 17, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20205h 18m

And we did receive a letter of support from the RCO, Point Brace CDC.

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And we also have the support of the immediate nearby neighbor at 2141 Titan Street,

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as well as other neighbors within this block. And this is just our proof of mailing.

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so with that i'd be happy to answer any questions that the board may have

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questions from the board

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no no would anyone else like to testify in this case if so please raise your hand

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and miss pietra gamble has raised her hand do i uh make her a panelist or allow her to speak

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allow her to speak okay good deal I want to talk right now Mr. Chair

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Ms. Gamble yes good morning Ms. Gamble please identify yourself with the record I'll swear

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you in good morning my name is Petra Gamble I'm part of the coordinating RCL

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from to tell the truth the whole truth nothing but the truth yes I do thank you please proceed

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Yes, I'm from Point Breeze, CDC, and I just wanted to go on record saying that we do approve, we do, we are

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Point Bree CDC, and I just wanted to go on record saying that we are in support of this property, I'm sorry, with the provisals as mentioned.

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And what are the provisors?

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The provisals are to remove the second floor deck and add cameras to the front, side, and rear of the property.

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Ms. Amazon, are those reflected in the plan?

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Yes, I have them on the screen right here, and they are reflected on the plan as well.

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It's not a revised plan, is it?

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It is.

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It is?

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Yes.

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I'm sorry.

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So how many pages?

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It's just one page.

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One page.

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Okay.

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Thank you, Ms. Gamble.

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You're welcome.

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Thank you.

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Planning Commission?

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Oh, I believe my client's also on the line, if I could just have him.

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Sorry about that.

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Okay.

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Thank you.

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Sean McLaughlin, if he's on the line.

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CMI, we'll go home to talk right now.

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Mr. McLaughlin, are you present?

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ms amazon as a officer of the court will uh stipulate that your client would adopt your

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testimony thank you thank you planning commission good morning david effecto f e c t e a u with the

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philadelphia city planning commission and do you swear and affirm to tell the truth the whole truth

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nothing but the truth yes sir i do thank you mr chairman and members of the board this property

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is indicated for single-family use in the city's comprehensive plan this is a primarily single

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family block we have no objection to granting these variances thank you very much mi2020-000699

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2143 titan street my vote is yes with the proviso revised plan one page approved today

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yes with proviso yes with proviso yes with proviso

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thank you excuse me this is sharon salata can i ask that we take a um

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one to two minute break in order for me to speak with the board

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we'll be back in five minutes

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calendar number mi 2020 000233 2241 north 15th street

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um this is sharon saletta i do not have exhibits for this and we have a um

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we have a letter from the rco requesting that it be continued or dismissed or denied

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because there has been no meeting

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right and no hands were raised for that madam chair so perhaps announce it is continued

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as opposed to dismissed yes calendar number mi 2020 000233 2241 north 15th street this case is

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continued. Calendar number MI2020-001590. Strike that. These cases are being held to the end.

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and we are at case number 10 calendar number mi 2020 001 092 1931 south broad street

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i believe the attorney is michael molloy

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Mr. Michael Molloy, he is present, his hand is raised, and I will promote him to our panelists immediately.

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Thank you.

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Please wait to be sworn in, Mr. Molloy.

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Good morning, Mr. Malloy. Are you present?

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Good morning, Mr. Mangoy, are you present?

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Good morning. I'm sorry. I had to unmute myself. Good morning. Mike Malloy with Obermeyer,

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Redmond Maxwell, Hipple for the applicant, TrueMark Financial Federal Credit Union.

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Okay. Sir, do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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And do you also agree to waive and stip?

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I do. Thank you.

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Did you put the address on the record of Obermeyer?

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the address of Obermeyer? Yeah. No, but I can. It's 1-4 Falls. I'm sorry. I'm giving you my

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Concha Hocken address. Hold on. Let me get the Philadelphia. Just get the Philadelphia address.

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Sorry. I'll just give it. It's 1-4 Falls Road, Suite 625, Concha Hocken, Pennsylvania. I'll just

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give you that. Thank you. Thank you. You may proceed. And if I could just say, I don't see

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him on the list, but I believe my witness, Kevin Murphy, the Vice President of Facilities for

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True Mark Financial, should be on the line. And if he's not, I'll text him during my presentation

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and see what's going on. If I could share my screen, please. Okay.

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And before he speaks, he'll have to be sworn in. Yes, thank you.

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so uh true mark uh is is at the corner essentially of broad and east past yonk avenue and

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at 1931 um they've experienced a high volume of homelessness and um drug use that they've

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observed on their property um and so they have sought uh to install a security fence around the

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property. The use itself of a fence is actually permitted up to four feet. So what's before the

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board is a variance from section 147044A.1 to allow for the additional height of now what is

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proposed at six feet, seven inches. And basically the fence would extend around the perimeter of

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the parking lot at True Mark and would, you know, provide them the security that they need.

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And what I'm showing you has been marked as exhibit C in the exhibit packet. And it's

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basically showing the height of the fence relative to, you know, a five foot eight person there. And

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And the community, the South Broad Street Neighborhood Association and the applicant

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met several times about the design of the fence.

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The fence has gone from being eight foot high with a curvature to a six foot high fence

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with a straight fence.

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And as you see on the renderings, they're still attached as exhibit C in the packet.

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we've also incorporated as the community group wanted some philadelphia themes um into uh the

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fence and they'll be affixed to the fence uh you see the city the liberty bell uh that sort of

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thing so the need is there i think this is kind of categorized as a dimensional variance um true

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mark has by the way worked with both city council and worked with uh the area police district

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uh endlessly and they they you know if kevin were to testify he would testify that they have

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you know tried every every avenue except the fence and if the need for the fence ever went away they

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would certainly uh not need it um part of the conditions and the provisors is as you're seeing

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there's a uh an old mural that sits on east pass yonk and true mark has agreed to um to restore

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that mural and maintain that mural for the duration of the time certainly that they own

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the property and accepts it as a proviso to the zoning application you can see the mural

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it's in pretty good shape and the community group gave us some ideas of who was responsible for

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installing it there's also a proviso in in the and I'll go back to exhibit a which is the letter

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from support from the RCO, sorry, that we restore the mural, replant, and maintain an existing tree

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pit at the sidewalk, and the proposed height and lack of curvature, and that we agreed to repair

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and maintain the fence, including the removal of graffiti. So that's all the testimony that we

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would offer in support of it. You know, it's a dimensional variance. I'm not here to make

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you know necessarily make new law today but i believe that you know what we're seeing is a

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I believe that, you know, what we're seeing is a financial hardship.

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financial hardship it's a

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It's a hardship for TrueMark to continue to have security and remove people every day.

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It's a hardship for their customers.

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It's a hardship for their employees who are scared and, you know, want to work with the

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community and want to interact with the community, but at the same time need the security, you

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know uh during the day you know to keep people out and congregating at night so it's a dimensional

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variance for the additional two feet seven inches and uh um with that i i did not text kevin i'm not

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sure if he's on if he could raise his hand um if not i just asked the zba to um uh indulge me and

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that the testimony that I gave is true and accurate.

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And you do have support from Anthony Brutiniti

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with, I think, South Broad Street.

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That's right.

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And that's exhibit A under the proviso list.

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Anthony is supportive of the zoning variance for the FAS.

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Yes.

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Under the proviso that I explained.

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Sorry, I'm sorry.

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Ms. Lelettic, can we accept all four of those provisos?

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No.

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You can't. I believe is the height of the fence actually being revised or is it proposed at six feet, seven inches proposed at six feet, seven inches.

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But I mean, I believe that's a revision from the original height of eight feet, which we which we asked for originally, maybe.

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So they could provide it could be added stating maximum height, six feet, seven inches.

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And that's all. That's it.

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and that would be on Pashonk Avenue and Broad Street

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yes

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wow

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we show the different elevations

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it's Broad Street

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right

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corner

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East Passium

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okay

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does the board have any questions

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no planning commission good morning david fecto city planning commission

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madam vice chair and members of the board this property is indicated for commercial and

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residential mixed use on the comprehensive plan we have no objection to granting this variance

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thank you i'm sorry madam chair yes i'm not sure if you were going to but um the community

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um might want to weigh in okay great is that the rco or individual community members

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um i was just thinking if we can request anyone who wishes to um put testimony on about this case

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they'd be allowed to raise their hand it sounds good i have a kevin murphy whose um hand is raised

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if you want me to go home to talk yes and kevin is our witness he's the vice president of

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facilities for truemark good morning can you hear me yes mr murphy do you swear or affirm to tell

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the whole truth and nothing but the truth yes i do can you put your name and address on the record

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please yes kevin murphy uh 72 28 charles street philadelphia pa 19152

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okay you may proceed yes kevin if i could just ask you some questions i did you hear

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the testimony that i gave today yes and was it accurate yes it was then would you adopt it as

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your own yes thank you I mean I'll let Kevin add whatever he wants but I think that's that's all

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we have to offer right now including our exhibits which we'd ask to move into to the record okay

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Ms. Sunkett is there anyone else who would like to weigh in on this I see Ms. Amy Boyd with her

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hand raised. I can let her speak. Great. Miss Boyd. Hi, can everyone hear me? Yes. Can you put your name and address on the record, please? Amy Boyd, A-M-Y-B-O-Y-D. My address is 832 South Street, 3R19147. I'm an intern at the

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passion avenue realization corporation okay do you spare a firm to tell the whole truth and

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nothing but the truth i do okay you may continue um my boss submitted a written testimony

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I'm Brian Fenstermaker, and I'm just making sure that that was received on behalf of the RCO.

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um brian fenstermaker and i'm just making sure that that was received

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Do we have that?

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We did receive a letter from the RCO.

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Is that what you're referring to?

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Yeah, it's from Passchunk Avenue Revitalization Corporation.

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It wasn't the hearing RCO, but it is a public space organization that has jurisdiction over

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this neighborhood.

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So we submitted our testimony written.

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Was that received?

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Does that RCO support this?

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We submitted that the zoning board should not approve.

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Do you want to summarize your position, please?

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yeah sure may i read the letter it's only a few paragraphs that would be fine thank you

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um please find this letter regarding true mark's zoning appeal for the erection of offense

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at 1931 south broad street passion avenue revitalization corporation hereby submits

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our opinion that the zoning board should not approve the variance request as a non-profit

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real development and public space maintenance and enhancement organization park has a responsibility

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to encourage that the public realm serves the community in the best way possible. Such offense

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would damage this mission. We are submitting our opinion at this stage because we were not

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notified of the zoning appeal through the mail, nor were aware that the RCO meeting was taking

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place and its subsequent negotiations. As owners of the adjoining property at 1934 East Pashank

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Avenue, it was Trumark's responsibility under the city code to have done so. We would have also

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hope that the applicant had reached out to us as a community organization serving the neighborhood

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and one that cleans their sidewalks six days a week and removes weeds from their tree pits.

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Over the last decade, our organization has worked to create a neighborhood that residents and

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businesses enjoy and want to invest in. Despite our long history of managing commercial property

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in the neighborhood, no other property owner has made such a request, erecting a large fence,

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especially on such a visible property on South Broad Street, sends a message to the community

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and visitors that there are safety concerns on East Pashyunk Avenue. Maintaining the property's

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visual harmony with the neighborhood would send a message of inclusiveness and worthiness of

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investment. The true marked property is key in the vibrance of East Pashyunk. It sits across from

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a public plaza which was renovated to support public life. The plaza draws pedestrians who

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relax and utilize the indigo bike chair while serving as eyes on the street and activate our

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public space creating a vibrant neighborhood this activity is much more comprehensive

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equitable productive way to promote security that true mark seeks if true mark were able to

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separate themselves from the neighborhood it would spark fear and property owners to do the same

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further walling off for community we therefore ask that the zoning board deny true mark's

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Request to Erected Fence at 1934 South Broad Street and signed Brian Fenstermaker, who is the Executive Director of PARC.

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