civus
Hearing video

ZBA Hearing - July 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20213h 38m

And again, I apologize

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This construction crew periodically begins to drill

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and makes a horrible noise.

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Mr. Monroe, are you present somewhere?

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He's coming back in as a panelist, Madam Chair.

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Thank you, Mr. Hand.

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Mr. Munro, can you put your name and address on the record and I will then swear you in.

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Good morning, Matt Munro, Munro Law, 2030 Pemberton Street, 19146.

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

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I do. And the board will give me a moment and I will share my screen.

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One second. Do you agree to weigh the reading of the refusal and stipulate to its accuracy?

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I do.

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And have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCL, and do you have a letter?

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Yes, to all, and this morning I sent an updated exhibit packet that included the tax certification and the support letter from the East Kensington Neighborhood Association, which we received last night.

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Okay, great. And we have a non-opposition letter from Councilman Scuola. You may proceed.

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Thank you, Chairwoman Tenere, members of the board. I'm pleased to be here today with my clients, Randy Cutler and her husband, Chris.

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We this is simply an application to legalize an existing perimeter fence and to change the use of a very small property to a to a dedicated parking space for Randy and her husband who live nearby around the corner on Susquehanna.

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Anna. Normally, I understand this would be a kind of an off the wall application, but we do have a support letter. And the reason is because the context of the, of the property and that it's extremely small. Here's my exhibit one is the deed.

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and I'm just going through some of the exhibits. Here we have the refusal and the application for

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appeal. As you can see, the lot, it's a CMX2 mid-block lot, extremely undersized at 392 square

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feet. So building and maintaining a by-right structure on a vacant lot with an open area

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occupying only 75% of the lot and maintaining a nine-foot rear yard according to the code is

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absolutely impossible. Any practical use of the space for a building would be impractical and

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my client would be, you know, no one could really bear the construction costs and have like this

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tiny building that you couldn't really use for much. My client did explore using other things

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for it, but ultimately because it is a vacant lot and immediately adjacent to other dedicated

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And immediately adjacent to other dedicated legal parking spaces on the immediate lot over, and I can show you from the photographs, the context specific, sorry, this is going a little bit slow.

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legal parking spaces.

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So the facts here are, effectively, we've got a dedicated parking space next door, and

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East Arizona is a small street at the rear.

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A few years ago, the zoning board granted a variance to convert this industrial IRMX

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property to a 52-unit apartment building that's, I'm sorry, right here, that spans East Arizona

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and East York Street.

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It's a very large property.

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Right here, you have this like a little standalone mid-block CMX2 property that is behind what is also a vacant lot.

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Most of these lots have been vacant for years.

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They've been unmaintained and effectively used for parking, you know, but just not on a regulated basis.

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And you can see in this aerial shot what it has looked like.

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by legalizing the parking use for this small lot 2143 east arizona you'll have an owner who's

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dedicated to maintaining upkeep and making use of the lot for these areas which like i said have

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been you can see there's a lot of abandoned vehicles on the adjacent property and this

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will be one little area that they can maintain clean up and keep together there's also here's

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just some context pictures of what the lot looks like over to the right is when the apartment

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building was under construction in here as you can see there's a one-story dedicated parking

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and this is also from a couple of years ago here they've taken over the property they've cleaned it

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up there's the existing fence here and um from the submission to lni uh you can see that they're

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planning on uh adding a uh adding curb cut along with the um a parking pad uh that they'll be

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putting here and um with that i know the board's working through um its calendar list and here's

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the tax cert that we got this morning, $0 balance on the property taxes. If the board has any

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questions, because I didn't anticipate any opposition, we do have support. The hardship

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is clear because it's this completely undersized lot and it's impracticable to build here.

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And the parking here is adjacent to existing and dedicated legal parking. This is an appropriate

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place for a dedicated parking space does the board have any questions no is there anyone in

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the virtual audience my clients are here and if uh uh can they adopt your testimony

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yes if you could raise your virtual hand please

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hey good morning uh randy are you are you with us i am

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hey oh how do i start the video miss cutler do you swear for him to tell the whole truth

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and nothing about the truth um i do yeah okay and um and miss cutler uh uh are you uh are you

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there with uh with chris i am hello i do as well okay great yeah and so yeah and sorry do you um

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Did you hear the factual statements that I made on the record?

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Yes.

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Yes.

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And were they accurate?

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Yes.

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You adopted them as your testimony?

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Yes.

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Okay.

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No further questions.

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Thank you.

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Thank you.

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Planning Commission.

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Thank you, Madam Chair.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Comprehensive plan recommends no change to the existing CMX2 zoning at this location.

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There are two refusals here. The use is a special exception. So with regard to the use refusal,

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we don't believe that the special exception will cause detrimental impacts to the neighborhood

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beyond what would normally be expected for the use. And so we recommend that the

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board grant that special exception. Thank you. Calendar number 1410-2143.

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three. Yes, Tanya. I hate to interrupt. Did we get the community? I might have missed it.

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I thought I asked if there was anyone else out there. Okay, no problem. Thank you. I'm a little

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confused today, but thank you. I think everybody is. Calendar number. Let me find the calendar number.

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Calendar number, let me find the calendar number, 1410-2143 East Arizona Street, my vote is yes.

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One four one zero.

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Confessor Plaza, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holloman, yes.

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Thank you, Mr. Monroe.

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Thank you, may I be excused?

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Yes, you may.

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All right, have a great day.

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Thank you.

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You too.

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Calendar number 2267-533 West Montgomery Avenue. The attorney is Leo Mulvihill.

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Madam Chair, this is Sharon Saleta. Since sending you the summaries, we have received a letter in opposition from Councilwoman Sanchez.

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Okay, and we also have, hello, Mr. Mulvihill, can you put your name and address on the record and spell your last name?

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Certainly, Leo Mulvihill, M as in Michael, UL, V as in Victor, I-H-I-L-L, address 315 Green Street, 1st floor, Philadelphia, 19123.

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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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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes.

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Thank you. You may proceed.

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Good morning, Chair and members of the Board.

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I'm here today for 533 West Montgomery Avenue.

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We have my client, Diaz and Bravo, S, as in Sam, K, PH Realty, LLC.

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add the refusal appeal and project information form at page one area zoning maps at page seven

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deed at nine commercial activity license at 17 tax clearance at 18 by zoning notifications at 20

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with a letter from south kensington community partners at 22 photos of property at 25 and

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revised plans at 57 so members of the board what we're here for today is for a two-family dwelling

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in a single-family district this would be a new two single-family dwelling and this has revised

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plans what we did overall initially we had a much smaller rear yard and we decided to increase that

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to the 25 required open area for this zoning district in our revised plan what i'm showing

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now is page three of 61 which is our refusal our parcel is indicated on page seven of the packet

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now on your screens in this blue area it is zoned rsa5 it is in a mixed area with rm1 icmx cmx2

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and other variations on zoning.

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So it's not all single family.

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In fact, directly across the street

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in that RM1 is new condominiums.

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Down the block at the corner of Montgomery and Reese

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is a multi-unit building as well.

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So while this is a request for two family

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in a single family district,

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it is not unprecedented in this neighborhood

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to have multifamily or two family dwellings.

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Currently, it is a vacant parking lot.

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It is fenced in partially

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and members of the communities

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where we can see the fact that it is currently being used as a parking lot page 25

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to the left of page 28 you can see the new multi-family dwelling that i was discussing

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you have new single family

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new multi-family on the corner which i was discussing as well with the graffiti on the side

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this is looking outward towards germantown avenue

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And now we'll see this multifamily dwelling in various stages of construction as we go through the other postings.

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This is the most recent posting.

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Now on page 57, we have our revised proviso plan form.

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This is ultimately showing the site plan and elevation of the property.

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the property itself is not to exceed 38 feet as required in the rsa 5 zoning district we have 25

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Thank you Chair Tanari. My video has been disabled, but this is Ian Hegarty from the Philadelphia City Planning Commission.

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In 2016, the neighborhood was remapped in accord with recommendations from the comprehensive plan.

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This block was intentionally kept at RSA 5, which reflected a legislative intent to maintain single-family use on this block.

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the applicant's hardship claim is not supported with evidence of unique physical conditions as

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this is a vacant cleared lot ready for development the ability to build a two-family home despite

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single-family zoning does not constitute a hardship city planning commission would recommend

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that the board deny the variance thank you calendar number 2267 533 west montgomery avenue my vote is

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no. Confessor Plaza, my vote is no. James Snell, my vote is no. Thomas Holloman, my vote is no.

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I apologize for that noise. Thank you, members of the board. Have a good morning.

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Thank you. You as well, Leo. Calendar number 1415610-12 South 6th Street. The attorney is Dan Raleigh.

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Madam Chair, this is Sharon. A clarification on this one. The applicant is submitting revised plans. They made a change at the request of the RCO, changing a residential unit, a proposed residential unit to a commercial unit.

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um i would like to get clarification from lni as to whether this requires an amended application

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and if it does um that the applicants submit the amended application in either case because this

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has been presented to the community there's no problem with going forward today but if you could

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hold the vote okay great thank you you're welcome sorry for the long explanation that's okay it's

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been a different day. It certainly has. Mr. Raleigh, are you present?

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Mr. Raleigh has been allowed to speak at this time, ma'am. Yes, good evening. This is Dan Raleigh.

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I'm here. Can you see me or just hear me? I can just hear you. So can you put your name and

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address on the record and spell your last name and I'll swear you in. Sure. My name is Daniel

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Rowley. Rowley spelled R-O-W-L-E-Y. I'm with the law firm of Kaplan Stewart and the address is 910

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Harvest Drive in Bluebell, PA. Do you swear if I'm to tell the whole truth and I'll think about

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the truth i do do you agree to wave the reading of the refusal and stipulate to its accuracy

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i do and have you emailed the exhibit packet with the required documents consisting of proof

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of ownership tax compliance refusal referral photos and or plans of the property five days

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in advance of this hearing and have you met with the rco and do you have a letter uh yes to all of

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above okay you may proceed i'm sorry madam chair this is tanya may we call one second to allow

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jason to promote the attorney to a panel that's already been done the socket

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we'll be rejoining as a panelist okay and now you can see me and i'll share my screen

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So good morning. As I stated, my name is Dan Rowley. I represent Rosecap Holdings and Ambit Architecture, the equitable owner and the applicant in the ZBA application for 610 to 612 South 6th Street.

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The deed, the redacted agreement of sale, and the letter of authorization, and the tax compliance certification can be found at Exhibit A1 through A4 of our exhibit package, which was emailed to the board.

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I'll just quickly scroll through those.

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uh the property is located at the corner of south 6th street and cater street it's just one

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building off of south street aerial and street view photos of the property can be found at exhibit

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a five. The property is located within the CMX2 commercial district. The property has been under

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the same ownership for approximately 60 years and has not undergone much renovation, if any.

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and has not undergone much renovation, if any, during that time. And as a result, the property

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is in poor condition currently. The property has an existing commercial space on the first floor.

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You can see that here in the photo. Maybe I'll rotate it quickly. So this is an existing

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commercial law office that the current owner of the property occupies. The rest of the building

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is six residential dwelling units. The applicants who are local to the area are proposing to make

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a substantial investment into the property in order to update and improve the building,

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including a complete renovation of the interior and exterior of the building and a construction

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of a fourth floor on the building. The refusal, our appeal to the board, and the project information

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form can be found at Exhibits A6 through A8, which I'll quickly go through. So, Refusal,

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our Appeal, and our Project Information Form.

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um okay i was i now i'm unmuted we have a letter of non-opposition from bella vista

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and we also have a letter of non-opposition from councilman squilla but we're going to

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hold the vote on this we need more clarification is that correct miss zoletta well i um i'm sorry

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to interrupt i i still have a few things i want to get to i apologize okay you can that's fine

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yeah so i just wanted to make sure that was on the record well i i think we'd like to you know

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push back a little bit and um see if we could get a vote here today uh like i said this is an

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existing commercial use on the first floor and it has been for many years the property owner

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operates a law office out of the first floor um the the revised plans essentially are keeping the

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commercial space um as is obviously it will be renovated but we don't see that there is a change

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of use there um so if we could have a vote today we would appreciate that um but just getting back

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to my presentation the the photos demonstrating that the property was posted with notice can be

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found at exhibit a9 um just a note on this quickly um the property is required to be posted 21 days

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prior to the hearing which was july 7th which um was a wednesday we did not receive the required

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posters prior to july 7th from the zba and we followed up with the zba staff we were informed

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that the posters were not properly sent to us in time to post. And then they were subsequently

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emailed to us on July 9th. After we received the posters on July 9th, the property was

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subsequently posted. So I just wanted to note this for the board that we were unable to comply

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