civus
Hearing video

ZBA Hearing - November 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20226h 28m

but also as a way to improve the health of workers and residents. We need to evolve our

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We need to evolve our thinking and approach urban life from a healthier and more sustainable

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thinking and approach urban life from a healthier

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perspective. I am speaking directly to you, city officials. You need to evolve your thinking.

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What if a parcel on Lambert Street became a community grain space and playground for the

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young residents of Sharswood? What if they installed brand new state-of-the-art equipment

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and spray grounds like Clemente Park at 18th and Wallace Street, which is where I currently have

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to walk to take my kids to a clean and updated public play area. According to an article from

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BMC Public Health, urban greening provides an abundance of benefits to those who have access to

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it. Quoting from the article, exposure to urban green spaces improves mental health and decreases

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rates of depression across levels of urbanization, socioeconomic status, and sexes. Outdoor greenery

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stimulates working memory, increases attention span in children and adults, and raises serotonin

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levels. Can someone here please explain to me the health benefits of a parking lot?

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I'll repeat that. Can someone here please explain to me?

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Listen, I think I understand your position, but we're not going to answer questions like that

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right now. I appreciate you calling in. I appreciate where you stand on this, but we're

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going to have to bring your statements to closure here. I'm almost finished. I only have a couple

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more things to say. The City of Philadelphia does not value the health of its residents,

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especially the members of marginalized communities. The construction taking place in Charlotte is a

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testament to the fact that the City of Philadelphia does not provide access to the health benefits of

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green space to its most vulnerable populations, and they expect nobody to say anything about it

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because it's business as usual. The decisions are already made. We're just waiting for the ink to dry.

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In closing, I call on the elected officials that represent the Shardswood community to answer to the systematic exclusion of the existing residents from the decision-making process.

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Daryl Clark, Donna Bullock, Sharif Street, these decisions affect our lives, the lives of our children, and the quality of life in our community.

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Overcrowding in parking lots do not strengthen the fabric of our community.

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We need resources, green spaces, clean air, and clean streets.

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We need places for our young people to play and learn and build relationships, and we need that as adults too.

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Sadly, I know that my words here today will not lead to any meaningful reconsideration of the plan of action.

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I know that the decisions are made and my voice does not matter.

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The city of Philadelphia can take my land and my tax money and detrimentally impact my family's quality of life, but it can't take away my right to say something about it.

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Thank you for your time and attention.

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Thank you for your time, and thank you for we understand where you stand.

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Is there any other questions or comments in the virtual audience?

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I see no hands, Chair.

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So, Planning Commission.

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Thank you, Chair.

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Sarah Vaughn.

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So, Sarah, here's what I would like to do is, as you do each one, I'm going to call for a vote.

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because we can't do them all together

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because there are some that have provisos.

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So why don't we start with you with five?

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And when you're done five, I'll call for a vote

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and then we'll move on, okay?

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Okay, Chair, which is your number five?

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Because I don't think it's the same numbering on my report.

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Okay, so number five is MI 2022-003-978-2253 Ingersoll Street.

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Okay, all right.

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So I'll just go in the order that you read them.

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I'll tell you exactly where we are, okay?

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Thank you, Chair.

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Okay.

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Okay, starting with 2253 Ingersoll Street.

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The irregular shape of the property supports hardship,

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and the City Planning Commission recommends that the Zoning Board grant the variance.

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Okay, so number five, MI 2022, 003978, 2253 Ingersoll Street.

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I vote yes.

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Carol Tenery, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thank you.

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So number six, Sarah, is MI 2022-004-692-2038 Ridge Avenue.

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Okay.

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Okay. The proposed variance does not conflict with the purpose and spirit of the zoning code.

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Therefore, the City Planning Commission recommends that the zoning board grant the variance.

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MI 2022-004-692-2038, Ridge Avenue, I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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Jim, we have three votes. So number seven is MI2022-004-845-2000 Ridge Avenue.

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Jim?

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Thank you.

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Oh, wait, is Ishmael here?

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He doesn't vote.

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He's recused himself.

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We're good.

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We have three.

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We have three.

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Okay.

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Okay.

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2000 Ridge Avenue.

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Yes.

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The proposed variance does not conflict with the purpose and spirit of the zoning code.

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Therefore, the City Planning Commission recommends that the zoning board grant the variance.

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Thank you.

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So, number seven, MI-2022-004845, 2000 Ridge Avenue.

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I vote yes.

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with proviso use registration for commercial space required prior to occupancy

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carol tenary my vote is yes with proviso thomas holliman my vote is yes with proviso

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james snell my vote is yes with proviso thank you jim so sarah number nine is mi2022 004 228

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2016 Ridge Avenue.

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Okay.

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The proposed dimensional variance for parking is minimal and does not conflict with the purpose and spirit of the zoning code.

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However, the lack of a proposal of a rear yard and rear yard depth and area is not necessary to enable viable economic use of the property.

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The City Planning Commission recommends that the Zoning Board grant the variance with a proviso to provide rear yard area as required by the zoning code.

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So, number nine, MI 2022-004-228-2016 Ridge Avenue.

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I vote yes with proviso.

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Use registration for commercial space required prior to occupancy.

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Carol Tenere, my vote is yes with proviso.

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Thomas Holloman, my vote is yes. We're for Biso.

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So that's three votes.

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We have three votes.

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Number 11, MI 2022-004-874-2414 Nassau Street.

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Okay, the proposed use variance, and I believe this is, let me just.

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Okay, so the use variance, and this is for parking.

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Yes, it is.

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Okay, all right.

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Will not cause detrimental impacts beyond what normally might be expected.

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Therefore, the Planning Commission recommends that the Zoning Board grant the variance.

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Thank you.

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So MI-2022-004-874-2414 Nassau Street, I vote yes, proviso.

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Revised plans, two pages, stamped by ZBA, November 9th, 2022.

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Carol Tenere, my vote is yes, with proviso.

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Thomas Holloman, my vote is yes, with proviso.

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So number 10, where am I? Number 15. Is that right? Yes. Mr. Chair, I think we may have skipped

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number 10 we skipped number 10 but we're going to all right guys okay all right okay so number 10

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mi 2022 004 649 2042 to 44 ridge avenue

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2042 to 44 ridge thank you chair

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Commercial space.

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Sorry, my Excel is going a little bit goofy, so let me just get back to where I can do that.

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Okay, all right, I found it.

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Okay, so I want to make sure I am reading this after, after Ms. Verliger explained what

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the refusal was about and how that was misunderstood.

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So I think I'm, so let me know if you need me to clarify.

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Okay, so the City Planning Commission recommends that the Zoning Board grant the variance with the proviso that commercial space is provided as required by the code.

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Okay, so the City Planning Commission recommends that the Zoning Board grant the variance with

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the Reviso.

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So, number 10, MI 2022-004, 649-2042-44 Ridge Avenue.

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I vote yes, proviso.

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Commercial space uses is permitted in the CMX2 zoning district.

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Use registration required prior to occupancy.

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my vote is yes with proviso thomas holliman my vote is yes with proviso

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okay that's three votes and i i have my which is my number 15 i believe the last one

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MI-2022-004-920-1409-North 21st Street.

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Okay, the proposed dimensional variance for parking is minimal and does not conflict with the purpose and spirit of the zoning code.

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The City Planning Commission recommends that the zoning board grant the variance.

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Thank you. So MI-2022-004-920-1409-North 21st Street, I vote yes.

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Harold Teneri, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thanks, everyone. Thanks, Sarah. Thank you.

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Thank you for your patience.

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Thank you. Bye, Darwin.

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win. Thank you. It's always a pleasure. Let's just get back to the right of the list. Number

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eight. Okay, let's go. NMI 2022, 003848, 405 South 17th Street. Brandon Savron is the attorney.

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Letter of non-opposition from Councilman Kenyatta Johnson. Letter of non-opposition

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from Center City Residence Association.

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Also, the applicant has 16 form letter support from neighbors.

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

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Thank you.

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State your name and spell for the court reporter, please.

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Sure.

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Sure. Brandon Saverin, B-R-A-N-D-O-N, S as in Sam, A, V as in Victor, R-A-N.

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Right. Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Could you identify your client in relationship to the property?

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Sure. My clients are Heather and Joseph DeGranse, who are a married couple who own the property.

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All right. Our vice chair has a few questions.

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Mr. Saverin, do you agree to wait the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,

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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, to all those questions.

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Okay, great. You may proceed and begin by sharing your screen.

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Okay. Thank you very much.

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Thank you.

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Okay. Good afternoon, members of the board. Thank you for your time today. I am here representing Heather and Joseph DeGrange, who are the owners of 405 South 17th Street.

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As you can see on the notice of refusal that's currently on your screen, we are here for a use variance to conduct the use of visitor accommodation in this existing structure.

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As I'll show you in a moment, this is a very small lot and a very small building on that lot that is on the historic register, the Philadelphia Register of Historic Places.

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The subject lot is only 234 square feet.

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I believe the structure has under 700 square feet of interior space, despite occupying most of that lot.

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So essentially, as I'll tell you in a moment, when my clients purchased this property, it was already being used as sort of like a one-unit hotel or a bed and breakfast, you might call it.

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But the prior owner did not have the proper permit to conduct that use.

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And we're here to obtain that zoning variance from you to get that permit for visitor accommodation.

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And we are in the CMX1 zoning district in Center City, near the corner of 17th and Pine.

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So as the chairman mentioned, we met with the Center City Residence Association.

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So as the chairman mentioned, we met with the Center City residents.

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After a vote was taken by their board members, they decided to take a stance of non-opposition to the legalization of this building and its use.

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Similarly, Councilman Johnson has also taken the position of non-opposition to our request for a variance.

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As I mentioned, we're just below the corner of 17th and Pine.

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And you'll see here this is an incredibly small lot that has sort of two neighbors of a similar size from whom we each have a letter of support, which I'll show you in a moment.

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And then to the south of us is a surface parking lot that is owned by a third party.

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Here's a photograph of the subject building, has a nice mural on its side.

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there's the beginning of that parking lot that I mentioned that my clients did not own. So this is

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what we would call in Philadelphia a historic trinity and a very, very narrow building,

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almost like a slice of cake. I'll show you the interior in a moment, but right here,

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starting where my cursor is and going to the edge of the building, this is the structure we're

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talking about. It's three stories. While I have this image up, I'm just going to tell you a little

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bit about my clients. So the DeGrands live in West Philadelphia, and they own and operate

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the Knockbox Cafe, which is on 45th Street near Osage. They obtained 16 letters of support

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in the process of preparing for the RCO meeting with CCRA. And they purchased this property

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on March 28, 2022. Not sure they knew what they were getting into from a permitting standpoint,

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but they were aware of what was going on in the building, that it was used as a bed and breakfast,

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and they wanted to continue that use. And they've done so, and CCRA is aware of this,

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they've continued to rent out the property while this case has been pending. Heather or Joe meet

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every person that stays in this unit in person in order to sort of give them a primer on the

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uniqueness of the property to make sure everybody who rents it is safe. And people tend to not

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necessarily just stay for a weekend. They've had some guests stay for several weeks at a time.

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It's a great place for a couple or a small family to stay. Although, as I'll explain in a moment,

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they do not allow young children to stay in the home. I also mentioned it's on the historic

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register. And now let me get into a few photos. And before I do that, I just want to mention that

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the hardship in this case is that the CMX1 zoning district permits certain retail uses,

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