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Hearing video

ZBA Hearing - March 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 9, 20224h 56m

thank you chair bergman ian hegarty for the philadelphia city planning commission

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chair um if it's okay it would be okay to ask a clarifying question of the applicant

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you most certainly can thank you very much um miss pruitt is you mentioned that um two of the

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units i believe would be um designed to accommodate people with physical disabilities is that um

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Is the proposed use for to include care given to people living in this home or is this are these just general dwelling units, just general dwelling units.

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Okay, thank you. I appreciate that. Members of the board, the comprehensive plan recommends no change to the existing RSA three single family zoning at this location.

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typically for use variances as you know we're looking for evidence of some kind of unique

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physical circumstances of the property while nearby conforming buildings are a factor the

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predominant use we believe on this block remains single family as required by the existing zoning

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and so the city planning commission's recommendation is to deny the variance

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thank you mi 2021 004516 5707 ashton avenue i vote yes harold tenary my vote is yes

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thomas halliman my vote is no james snell my vote is yes

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ishmael shahid my vote is yes thank you ma'am

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thank you all good luck thank you good luck

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MI 2021-004-513-6414 Rising Sun Avenue, Long Crest Community Association, letter of non-opposition, Justin Crick, attorney.

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Mr. Crick is coming back in as a panelist now, Chair.

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good morning Mr. Crick could you state your name and spell for the court reporter please

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yes Justin Crick j-u-s-t-i-n-k-r-i-k right do you swear or affirm to tell the truth the

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whole truth and nothing but the truth yes uh our vice chair has a few questions

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hi Mr. Crick do you read away the reading of refusal and stipulate to its accuracy

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I do. Have you submitted all the required documents? Yes. Okay, you may proceed and share

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your screen. Thank you. Mr. Chair and members of the board, the property in question is 6414

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Rising Sun Avenue. The applicant is seeking, hold on, I don't, can you see the presentation?

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we can okay thank you uh the property is located in the longcrest section of philadelphia

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the applicant is the tenant of the property kgks doing

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The applicant is the tenant of the property, KGKS, doing business as Crush Lounge.

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They are seeking the ability to have assembly and entertainment in the form of a DJ in the bar and restaurant.

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It is an existing sit-down restaurant, and the only refusal that we've received is that that use for assembly and entertainment is prohibited in CMX1.

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Copy of the refusal for your reference.

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The property is situated between Levick Street and Passmore on a very heavily populated commercial corridor of Rising Sun Avenue, where the entire corridor for several blocks is of a commercial nature with several restaurants and so forth.

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The restaurant currently does have a liquor license. And again, this is solely for the approval of the music and entertainment. The property has been utilized as a bar and restaurant for approximately 20 years plus.

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the current operator has been there for seven years and has had very little to no issue with

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the neighborhood and has worked in coordination with the neighborhood. Just for a little bit more

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of geographic information, here's a satellite view. Again, commercial establishments all along

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at the very least, this block of Rising Sun Avenue. This is the location. We occupy the first

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floor of the building. Do not occupy as tenants of any sort the upstairs. Current layouts.

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This is the existing layout. It's the same on each of these diagrams. Just one is the emergency

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exit plan, an occupancy plan, and a floor plan. But as you can see, the intent is to have and

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keep the DJ in this area of the music, which is scheduled only on approximately three nights a

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week, Thursday, Friday, and Saturday evenings. The hours of operation will continue to be roughly

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5 p.m. to 2 a.m. daily, seven days a week. So at the moment, there is no lunch crowd or intent for

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the music at that time. Just some photographs of the interior of the property so that the board

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can, let me back up a little bit, can understand what we're talking about. This is where the DJ

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is to be situated and continue. So what we see is your front page. Oh, I'm sorry. Okay. Let me do

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that. Is this better? Yes. Okay. I'm sorry. So let me go back to the geographic just to show

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you a little bit. The commercial corridor between Passmore and Levick, the entire street of Rising

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Sun Avenue is a commercial corridor, but at the very least, this block is heavily populated with

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commercial establishments. And again, this bar has been in its existence as the first floor

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for over 20 years, this applicant operating for at least the last seven.

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um floor plans indicate again these are all the same plan just different purposes of the

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of each drawing but this is the the best indication of what we have going on um for sit-down

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restaurant primary use with the bar and the music to be located in this section of the of the

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establishment the photos that I'm showing you just for can indicate to you where we're looking

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to maintain the music. And as you can see, the property is well kept. We did have a meeting with

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the Long Crest Community Association, which was very well attended, approximately 50 people. And

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I will say this is a very involved community. And one of the first times that I have received

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such a large motion carried 45 to zero in non-opposition of the project.

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We believe we answered all their questions very, very truthfully and addressed any concerns they may have.

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The only provisor that they have is that this be a temporary two-year granting so that they can revisit it.

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And again, I believe that that is for the purposes of making sure that they can address any issues if some arise in the future.

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Again, no changes to anything else in the building or in the operations of the business just to allow and permit the DJ on those three evenings at this time.

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There is on-site security with cameras, commercial trash pickup, and we don't believe that this granting would cause any detriment to the neighbors.

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We have not had any complaints from neighbors in the past when there had been music in the building.

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we've communicated with them about the noise levels that are intended and um uh are participating

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this applicant participates regularly with the community and is available to them we don't

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We don't believe that this would increase any congestion in the public corridor because the hours of operations are after regular business hours.

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believe that this would increase any congestion in the public uh corridor because the hours of

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And again, this is a commercial corridor, so we anticipate no congestion.

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And since there's no change to the use of the business itself, we don't anticipate any additional congestion to the public utilities or burden on that.

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At this time, if and I do have the applicant as a tenant, I have the initial page of the lease.

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for for the board's view and we also have tax clearance certificate for the entity operating the crush lounge, as well as photos of the posting of the premises.

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And at this time, I'd like to bring call upon Alfred Fields, Jr. to adopt my testimony.

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Mr. Fields you can unmute yourself and wait for the chair

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Mr. Fields could you state your name and spell for the court reporter please

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yes my name is Alfred Fields a l f r e d f i e l d s right do you swear or affirm to tell the

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truth the whole truth and nothing but the truth yes I do proceed thank you Mr. Fields have you

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had an opportunity to hear my testimony to the board today? Yes. And were the statements that

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I made to the board true and correct to the best of your knowledge? Yes, they were. And if you had

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the opportunity to participate further, would you adopt my testimony as if it was your own?

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Yes, I would. Thank you. Thank you. Members of the board. Questions from the board? No,

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mr chairman no mr chairman chairman can we do two years um yes the use can be temporary

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um it seems that that is the provisor requested there the if the only the only question i would

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ask is during that time period is there anything is is is there anything that would cause this to

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come back into review before the board um so well i guess mr quick will have to bring his client

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back to extend this use at the end of that two years at the end of two years you're saying yes

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yes mr top and that is my understanding um i have in the past seen um uses uh on a temporary basis

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typically for economic purposes for the applicant to be extended something along the lines of a

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a little bit longer of a period so that the applicant is not considered consistently burdened

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with the expense of counsel and so forth. Um, we do though, however, recognize the intent

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of the temporary proviso, but we leave it to the board's discretion.

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And Mr. Craig, there's no construction needed for the, I guess, the DJ music area that would

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require additional time for permits. Is that correct? That's correct.

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yeah mr chair it would seem that a two-year temporary proviso

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would be enforceable and appropriate thank you questions from the virtual audience

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we have hillary emerson miss emerson you can unmute yourself and wait for the chair

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good morning good morning miss emerson could you state your name and spell for the court reporter

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yes hillary emerson on behalf of councilwoman parker hillary is h-i-l-a-r-y emerson is e-m-e-r-s-o-n

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all right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do proceed thank you mr chair um the councilwoman is not opposed um to the requested assembly and

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entertainment use at this establishment um she does support the committee's request for a two-year

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proviso for a temporary variance. This business is located in a commercial corridor, but it is

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surrounded by residential properties. And so there was concern certainly about, you know, noise,

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congestion, that sort of thing with the assembly entertainment use, but the community,

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you know, wanted to be supportive of the business. So they are supportive of the use,

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but wanted to have it on a trial basis initially for the two years.

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thank you thank you very much any other comments from the virtual audience

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chair there are no other hands at this time planning commission thank you chair bergman

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ian hegarty for the philadelphia study planning commission members of the board the comprehensive

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plan recommends no change to the existing cmx1 zoning at this location this proposed use is

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accessory to the existing conforming eating and drinking establishment and we don't feel

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and we don't feel that it significantly changes the effect of the principal use on the surrounding

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that it significantly changes the effect of the principal use on the surrounding properties.

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properties. So the City Planning Commission recommends that the board grant the variance

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with the condition that the use permit be subject to expiration after an appropriate

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amount of time at the discretion of the board. Thank you, Ann. MI 2021-004513-6414-Rising Sun

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add to I vote yes with a temporary two-year variance as a proviso. My vote is yes with proviso.

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Thomas Holliman, my vote is yes with proviso. James Snell, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso. Chair, this is Tanya. Sorry to interrupt. Could

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Could you put a date of the end of the temporary plea?

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We can.

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So today is the 9th, March 10th of 24.

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Is that right?

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That is perfect here.

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Thank you kindly.

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I don't know if it's perfect, but thank you.

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Thank you.

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Thank you very much.

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Tanya, I'm going to go back to number 10.

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Yes, he's ready for you.

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Thank you. MI 2021-002194-2621 West Allegheny Avenue, Leo Mulvihill. Letter of Opposition from the Community Action Group.

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Mr. Mulvihill is coming back in as a panelist now, Chair.

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morning Mr. Mulvihill please state your name and spell for the court reporter please

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certainly good morning members of the board Leo Mulvihill L-E-O last name M as in Michael U-L

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D as in Victor I-H-I-L-L right do you swear or affirm to tell the truth the whole truth and

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nothing but the truth I do okay our vice chair has a few questions yes I'm Mr. Mulvihill do you

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agree to wave the reading of refusal and stipulate to its accuracy I do it appears that you've

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submitted all the required documents is that correct yes okay you may proceed all right so

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good morning members of the board leo mulvihill today for community construction partners for

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the property of 2621 west allegheny avenue i have now on the screen being shared my presentation

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packet including the refusal and project information form at page one area zoning maps at five my

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client's lease at seven commercial activity license at 13 tax clearance at 14 zoning notification

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letter at 15, RCO letter at 18, photos of the property at 18, and then plans at 26.

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So members of the board going now to our refusal. Essentially what we're seeking is to have a two

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family dwelling in this zoning district. This particular property is zoned RSA 5, but it is

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along Allegheny Avenue, which the members of the board know is a relatively commercial corridor

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spanning basically the entire city. This is directly across the street from Acepta

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Depot and there's a number of other businesses on the street as well, as

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well as several mixed-use properties that have commercial dwelling units or

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pardon me, residential dwelling units in them. More or less what we're looking to

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do is rather than have this be treated as a CMX2 property, which we argue it ought

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to be, just not have any commercial space and keep the residential aspects of

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that property intact. By doing so, what we're going to do is allow for greater affordability

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in this specific neighborhood. The community letter itself does notice that it's their

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belief that this is a strictly single family neighborhood, but I think you'll see members

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of the board that the evidence simply doesn't bear that out.

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Here's the project information form. Here's the property in question. As I noticed, it

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is zoned, RSA5, we are indicated in the blue. We have CMX properties directly to the west

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of us. And although RSA5 continuing eastbound as well, when we get to the next map, which

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I pulled from Google, we'll see that there's a significant number of commercial properties

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with residential units above that are apartments, and there's a significant number of residential

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multifamily buildings on this block already. You can see directly across the street as

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well that this is the SEPTA Depot outlined in red, as that is a commercial mixed-use

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property. Here we go. Now getting into this map itself, I'm just going to zoom in a little bit.

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We can see that despite the community's suggestion that this is strictly residential,

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that's just not the case. We have a mosque, supermarket, pharmacy, additional corner store,

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another corner store down the block. We have a church, we have a UPS store, we have a hair salon,

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We have a hair salon, another grocery store down the block as well as rather the Allegheny

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another grocery store down the block as well as rather the Allegheny Depot.

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Depot as I mentioned earlier in my presentation.

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This is a copy of the lease that my client has.

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Essentially the client is leasing the property from another company and is seeking to do

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so to have two family dwelling in the property as well.

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I'll note that we originally were going for a three family dwelling but after further consideration

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we believe that that's simply an overuse of the property which is why we rethought this

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down to a two-unit dwelling. At page 13, this is our commercial activity license. 15 is our tax

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certificate. At page 15, here we go, is a property, is the, pardon me, the letter that went out

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to members of the community from my client. 16 is this meeting summary form. Ultimately,

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as I said, there was a number of folks that opposed this project. Seven were in support,

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18 were in opposition. And the reasons, again, being were several.

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More or less parking is one. However, Allegheny Avenue, as a relatively large commercial corridor,

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or is relatively well-serviced by public transit, and frankly, most of the new folks that are

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moving in, irrespective per-city planning data, don't tend to have vehicles, so we're hoping

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that these folks will be relying on public transit.

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The other issue would be that the neighborhood would prefer to add invested homeowners as

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opposed to apartment renters. That's not really a zoning issue, members of the board. And frankly,

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as a longtime renter myself, before I was finally able to purchase a property, there are a lot of

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people who can rent in a neighborhood and still be very invested in the neighborhood itself.

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Frankly, I ran the Old Richmond Civic Association zoning committee when I rented in that neighborhood

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for many years. So I understand the neighbor's concerns, but frankly, I don't think they

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necessarily relate to the zoning here in this instance, rather ancillary concerns of zoning

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matter itself.

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So at page 18, we have a photograph of the property.

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It's indicated with a yellow arrow, does have a built-in porch.

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Another picture of the property, page 19, and another at 20.

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This is directly across the street, that is at Septa Depot.

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A number of other properties down the block, and you can see that there's commercial uses

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on the ground floor of those properties, along with multifamily above.

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Same thing down the block, again, more commercial properties, ground floor, residential above.

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This is a picture of the posting of the zoning sign on the property.

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Another picture of the posting.

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