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Hearing video

ZBA Hearing - December 4, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 4, 20246h 44m

We're good.

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Yep.

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Yep.

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Okay.

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This is the application that was mailed.

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So all pertinent neighbors, as you can see, it's a very unique property.

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I2 is the classification.

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They're looking to do junk and metal car, automobile sorts of uses here.

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We met with all of the four RCOs.

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And let me, the second floor space is 1,632 square feet.

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The first floor space, as you'll see here, consists of several garages, storage building, a truck scale.

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So this family, Ms. Morales and her husband, has been doing this sort of scrap metal work in the neighborhood for 12 years or so with absolutely no incident, no L&I violations on Lansdowne Avenue.

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and they would like to be able to continue to use this particular space for that use as well.

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Here are photos of the site in question. It's adjacent to SEPTA-owned property.

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We do have members of SEPTA here today in full support of this use, as well as the RCO support for the use, as it is, if there ever was a space, as the RCO leader said last night, Mr. Ross, for this type of industrial auto-related scrap metal use, this would be it.

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We had a Zoning Board of Adjustment hearing invitation that went out, and then we had an RCO meeting last night.

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You should have a letter of support from the RCO.

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Here are the addresses that were mailed.

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We have proof of mailing.

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7, 8, 7, 8, 7, 8.

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Vern, could you, you mentioned Lansdale Avenue.

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So you're saying they were at Lansdale Avenue and they're moving to this place?

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I'm sorry, Lindbergh Avenue.

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They're in Lindbergh Avenue.

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Lindbergh Avenue, okay.

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Right in the immediate neighborhood.

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And they're moving to Grays.

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Yep, they're moving to Grays.

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So the neighborhood knows these folks.

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They, you know, Lindbergh Avenue has never had any incident whatsoever.

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No violations, nothing at all.

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They just want to be able to move to a particular site that makes a better sense for them.

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Could you tell me how SEPTA plays?

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How does SEPTA play into this?

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They own the property adjacent.

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And I believe Wendy Green Harvey or John Pinto, there are members of SEPTA here today to testify.

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they actually attended the RCO meeting

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and testified in support of the variants.

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But it says SEPTA acquired the current location.

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So SEPTA has the Lindbergh Avenue now?

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I'm not sure that SEPTA has the Lindbergh Avenue property.

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I'll call Ms. Morales.

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onto the stand so that

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she can clarify

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You might want to show some photos

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again too so we understand what we're looking

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at. Yeah, sure.

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Can you see the photos?

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Can you see the photos that I'm showing here?

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Yeah, pretty much.

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It's a little light.

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Yeah, I don't know why it's so light all of a sudden.

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So the triangular kind of spear-shaped thing, you're going to do it there, right?

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This is the property in question right here.

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and if Ms. Morales

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can raise her hand

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her virtual hand

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we can talk to her about

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SEPTA's relationship with

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the Southwest

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Ms. Morales please

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what's her full name Mr. Anastasia

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Sandra Morales

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and on behalf of

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SEPTA we have

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Moni Hodge

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Fred Marshall, Logan Axelson, John Pinto, Robert Troop.

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So we have several folks from SEPTA as well.

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And I'm not sure why the pictures are getting faded.

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Chair, I don't see Ms. Morales in the audience, but we do have some with the phone number ending at 3015.

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Sure. Let's bring them on, whoever it is. Thank you.

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Caller, with the phone number ending at 3015,

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you have been unmuted.

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Could you please state your name and spell for the stenographer?

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Caller, please unmute yourself.

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Follow with the number ending at 3-0-1-5.

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Please unmute yourself.

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Star-9 to unmute.

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I'm sorry, star-6 to unmute.

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And please understand, Mr. Chair,

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that this is a referral, not a refusal.

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I understand. No, I understand.

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Can you hear me now?

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I can.

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Could you please state your name as Pell for the stenographer?

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This is John Pinto, J-O-H-N-P-I-N-T-O.

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I represent SEPTA's real estate department.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Please proceed.

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I do.

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Thank you.

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Counsel?

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Mr. Pinto, could you please explain to the board your position on this particular proposal

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and SEPTA's relationship to this property?

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I have represented SEPTA in the acquisition of three large properties at the confluence of Grays Avenue and Lindbergh Boulevard for a planned major trolley maintenance facility and the upgrading of SEPTA's trolley system.

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One of the properties involved is at 3600 Lindbergh Boulevard, which is currently occupied by Southwest Middles as a tenant. We have notified them at the time we acquired the property that they would have to be relocated.

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SEPT has assisted them in this effort to relocate, and they've explored several sites.

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To the best of my knowledge, this particular site was determined ideally suitable for what

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their intended use is.

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So we strongly support this acquisition of this new location and the approval of its

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use.

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And Mr. Pinto, just to be clear, my client, in their 12 years of operating where they

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are have been uh upmostly professional uh uh proficient and without any sort of controversy

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or uh issues or violations with the city of philadelphia is that right

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to the best of my knowledge oh that would be anecdotal to me uh since septa has only

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uh acquired the property approximately 18 months ago but thank you in discussing with these people

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But we verified the veracity of what they told us on their history.

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Thank you.

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And, Mr. Chair, for those reasons, I do believe that the referral, the special exception in this particular case, would be conducive to being granted.

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So, Vern, could you show us the building?

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Because you showed us before, like, hand-drawn pictures of buildings, first and second floor.

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What did that have to do with it right there?

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What is that?

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Yeah, okay. This is the structure that would be used. Hold on for one second. Right here.

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This is the structure that would be used for the weighing of the materials, the housing of the scrap metal, and the opportunity for people to sell metal from the community, which they often do on Lindbergh, from neighbors who bring the metal in.

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This is the structure that would be used for the weighing of that.

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The RCO supports you and the council person supports you.

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100%, yes.

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Could you try to bring your client on to adopt your testimony?

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Sandra Morales, if you could please raise your virtual hand.

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Sandra Morales has been obedient.

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Could you please state your name and spell for the stenographer?

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Sandra Morales, S-A-N-D-R-A, last name Morales, M-O-R-A-L-E-S.

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Fair or firm, to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed, counsel.

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Thank you, Mr. Chair.

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Ms. Morales, did you hear everything I presented to the board today?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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Do you adopt it as your own testimony?

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Yes.

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Thank you.

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I'm going to ask you a couple of follow-ups that we have not gone over, but I know you know the answers to these.

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Have you been operating in this neighborhood as a scrap metal yard for 12 years or more?

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Yes.

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Have you been doing so without any incident, issue, violation, or problem with the city of Philadelphia?

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Yes.

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And have you continued to operate and proposed to operate with the unanimous support of the neighbors who gathered to hear our presentation?

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Yes.

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Thank you. Questions from the board?

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Questions or comments from our attorney Hilary Emerson? Not at this time, Mr. Chair.

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Mr. Chair, I'm sorry. Sure, sure. No, that's fine. I was trying to disrupt anything. Anyway,

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Right. So question. This new facility, it's not near like residential properties.

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None whatsoever.

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Okay. So it's located somewhere near maybe the auto mall part of things or is it like, I'm not sure where.

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can you can you talk about exactly the proximity of where the property is i'm going to bring up

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the the aerial photos again and again i'm sorry they're very light it's hard i don't know why

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they're so light now they were not like uh last night when we had the rco meeting yeah and even

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the legend up top

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with the

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commands and things

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is light. I don't

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know why. Yeah, my apologies

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for that. That's a tactical issue.

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But here,

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again, the property

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is here, this weird

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triangle

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section.

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And

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if Ms. Morales wants to talk

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briefly about

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yes i'm here can you hear me yeah yes so 5543 here's a better uh that that might be better for

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us to see thank you go ahead so we are not near any um residential properties we're actually

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farther away from the residential properties there's actually we're kind of like underneath a

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what is that bridge it's like we're kind of like underneath the bridge far from the residence

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there's actually two other yards not bridge i'm sorry like um we're just nowhere near the

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residence there's two other yards not that far away from us so we're we're nothing is going to

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complicate the residence or anything that we have to do with our with the job as described metal

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yard or anything we are nothing is going to affect the residents in any way possible yeah i think if

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if i can direct your attention to this photo again this is just by the overpass here uh where my

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cursor is and all the uh the train tracks here to the left and if i go down here to the actual

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zoning map you'll see it is all industrial gotcha but for but for over and across the underpass

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overpass, then the highway, then you get into some RM1s. But that's, you know, well across

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this very wide stretch here. Yes, it's an overpass. My apologies. Okay. Gotcha. Okay.

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Yes, it's an overpass.

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My apologies.

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Okay.

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Gotcha.

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Okay.

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All right.

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Thank you.

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You're welcome.

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The questions from the board.

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Questions or comments from the virtual audience?

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I see no heads.

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Planning commission.

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Amy Boyd with the planning commission.

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The comprehensive plan recommends no change to the existing I-2 industrial

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zoning at this location, the proposed use will not cause such eventual impacts to the

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neighborhood beyond what would normally be expected.

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Further, relocating the activity from Lindbergh Avenue to the subject property on Grays Avenue

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will allow SEPTA to locate vital facilities for SEPTA trolley modernization on the Grays

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Avenue site.

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Sorry, the Lindbergh Avenue site.

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The Citywide Vision recommends 4.1 calls for transit support and land use decisions.

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Relocating the activity to the subject property will allow subject to locate their facilities for trolley modernization.

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The City Planning Commission recommends that the Board grant the special exemption for junk and salvage yard.

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