civus
Hearing video

ZBA Hearing - September 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20224h 24m

so everything you're saying is part of the record but to be considered in this additional

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trial yes well that's not a trial we're not calling this a trial yes hearing said we have

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because what's being said now is not addressing that and um so i just want to make sure that that

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continue to be heard by the board okay yeah and thank you very much for calling in yeah do we

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have anyone else how about if i wait okay i'll talk done is there anyone else in the virtual

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audience yes chair we have betty bufort hi could you state your name please and spell for the court

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reporter. Hi, my name is Betty Buford, Betty, B-E-T-T-Y, Buford, B-E-A-U-F-O-R-T. Right. Do you

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swear, affirm, to tell the truth, the whole truth, nothing but the truth? Affirm. And you live in the

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neighborhood? Yes, I do. Proceed. Yes. First of all, I want to talk about the attendance of that

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meeting that night. One of the board members stated the fact that there was over 30 people

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there but she made a point to let them know if they're realtors they could not vote so that's

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the that's the issue right there she let people know there was people in the audience that could

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could if they were there they couldn't vote so that's okay so anyway i'm calling on the concern

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we want this uh 2017 i'm getting confused 1701 south 25th street to stay commercial we need

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commercial we have enough houses on point breeze because there's other things to do in point we

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decide to build houses because there are other people that live in Point Brees we wanted to

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remain commercial like commercial like commercial not residential okay I I hear you and and thanks

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for calling in we appreciate your comments is there anyone else in the virtual audience

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sorry chair we have Melanie last name begin with a g okay

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hello this is melanie graywell m-e-l-a-n-i-e g-r-e-w-a-l right do you swear for him to

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tell the truth the whole truth nothing but the truth yes proceed okay i am a resident in the

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Okay, I am a resident in the community and I am in support of additional residential space on that block as opposed to industrial. I would feel better from a safety perspective, having more people around right now.

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community and I am in support of

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it's, you know, it's somewhat desolate, particularly off hours. There is a lot of

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crime in the area, and I think that creating more space where there will not be inhabitants

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is going to, you know, welcome a more dangerous element as opposed to a safer community-like

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environment. All right, well, thank you very much for calling in. We appreciate your input. Is there

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anyone else? Chair, we have a call-in user. Call-in user, can you please unmute yourself

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and wait for the chair? Hi, could you please state your name and spell for the court reporter?

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Hello? I'm sorry. I'm sorry. Can you hear me? It appears as though things are messing up on the

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screen. Okay, we have it now.

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Kai, could you state your name, please,

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and spell for the court reporter?

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Hello, can you hear me?

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I can. Could you state your name,

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please, and spell? Oh, hi.

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Tiffany Green, Concerned Citizens

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of Point Breed. Okay. Hi,

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everyone. Wait one minute.

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Yes. Do you swear

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for him to tell the truth, the whole truth, nothing but

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the truth? Yes, I do.

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Proceed. I'm sorry.

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I'm sorry, Tiffany.

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can you spell your name for us please c-i-f-f-a-n-y g-r-e-e-n thank you so much

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proceed tiffany okay i'm requesting the board a little time because i do want to lay out the

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community's case here uh because i i do feel like ella um that mr knockoff is not well well tiffany

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do me for tiffany do me a favor could you please give us some things that's that's different i

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I mean, we've heard from a lot of people, and I don't think we need the whole case laid out.

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Try to give us something that hasn't been said.

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I am, but I think that the community deserves an opportunity to lay out their case, the same as Mr. Anakos, and he was given almost eight to ten minutes.

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And I think we deserve the same type of, you know, understanding and patience.

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Well, what I'm saying is I want you to try to concentrate on things that we have.

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question um my point of it is is that he was he was granted a reconsideration and uh it's always

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been taught to us or stated to us that a reconsideration is based on an error of some kind

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either on from an rco standpoint or maybe zba to just lower the the houses from 18 to 12

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is still a residential a residential uh project and in order to get a variance okay the applicant

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And we feel have not met his burden to obtain a variance because of the following.

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One is that this is not an unnecessary hardship, okay, where the unnecessary hardship has to be,

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where the necessity is substantial and compelling, okay, not for mere financial gain

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or the fact that they want to put something different in an already strict zoning code.

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so we feel that this is self-created and self-imposed the property owner knew when he

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went to see the property that it was a block of almost over eight to ten businesses i went around

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to each one and spoke with them they didn't even know really about the project at the time

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i'm gonna object i have your objection i understand i tend to differ with mr knockerson

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OK, and so we submitted in two page petition to the ZBA, two pages of nearby neighbors on the 1700 block of Taylor and 1600 block, as well as Ringo Street.

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All right. I'm going to answer that as well, because I never I can't answer that because I never received a copy.

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I understand. I understand. Right. Thank you.

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The thing about it is, and I never received a summary letter, so I didn't see it.

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The thing about it is that the businesses, I think, one or two sent in, I think,

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Tile Mar and Urban Collision, which takes up almost six, seven properties on the same side as the project.

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And they both said they were going to testify.

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I think they may be on the phone.

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And the block captain for South Taylor Street is on the phone.

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She says he's on there waiting.

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So, my point is that, so it's quite a few businesses on here, industrial.

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So it's quite a few businesses on here, industrial.

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The other blocks is down on the 1500 block.

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And although they were granted, none of those blocks had seven industrial businesses comprised of almost seven, five or six automotive shops.

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One is a tile shop, construction, JP construction.

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And this block is very full of small businesses who depend on this for their livelihood.

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and they have employees who depend on them

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for their livelihood and they had a real

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concern about residential because

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they do not feel that what their business

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does is pertaining to

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the residential area

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okay

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the 2035 plan calls

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for this area to remain

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residential

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the bridge right at

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25th and Mars is extremely

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crumbling

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Tiffany wait a minute didn't you testify to that

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the last time

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Wait a minute, I'm going to make a...

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I'm not cutting you off, I'm trying to get to the point where...

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Wait a minute, Mr. Nockerson testified exactly what he said in January.

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No, I don't, I don't, wait a minute, I don't think that's true.

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All I'm saying is, everything you said about the bridge, we have all your testimony, and we specifically start off by saying we have the testimony, and it's all part of the record.

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So please...

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I will tell you, let me finish up my point.

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Because I'm trying to make my argument, sir, because if the fact, if this goes further, we have the right to lay our argument out in the testimony that may be used on the next level.

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And so I think we should be given that opportunity to lay out our testimony because that is what would be judged on it.

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What I'm saying, proceed.

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Lay your argument out.

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Okay, thank you.

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So I'm saying that the property has no, in terms of, he did not prove that the property's unique physical characteristics limits his development.

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in accordance with the zoning code.

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Also, he has over 20 different options besides a storage unit.

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He can put a dry cleaner there, a shoe repair.

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He can put personal grooming.

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He can do equipment supplies, building supplies, wholesale distribution.

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He can do industrial supplies, urban architecture.

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So it's not necessarily that it's a 10-foot property at this particular point.

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I also want to say that the councilman's office has been already stated

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that the council's office will be taking CSLs to court for the Crumbling Bridge to be fixed.

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So that is also in this process, which means that that area right there is extremely,

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25th and March is extremely weak right there.

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I know. We understand that, Tiffany.

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Planning Commission?

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Oh, Mr. Chair, can I just speak?

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Before the planning, go ahead.

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Yeah, so the first thing is, I think that's the issue with the vote count.

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Someone mentioned in the version to testify that the Cornell RCO refused to allow realtors to vote.

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Just because you're a realtor doesn't mean you're not, you can't, you shouldn't be able to vote if you're a resident of that neighborhood.

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I don't know if they intentionally did that, but that raises questions as to the voting procedure.

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if realtors can't vote my understanding is that there were few members even in the virtual audience

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who attended who are realtors who but live in the neighborhoods one of which i know lives on the

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1500 block of of south uh excuse me 1700 or 1500 block fish area of south 25th street like a block

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and a half away they're they're being affected by this project and they should be able to not

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only testify but vote if they attend a community meeting um as far as miss green um i i would ask

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the board striker testimony she provided documentation directly to the board and you

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know i'm required as an officer of the court and as a representative the applicant to provide all

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my documents five days in advance you know it is what it is i understand i understand so i think

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it's it's unfair and unjust for her to be able to send documentation directly to this board

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to try to sway this board unfairly so i think her testimony should be stricken

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and there there should be procedures in place when people intentionally uh do not follow rules

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of the zba which are pretty straightforward it's not gonna work yeah i understand yeah and then

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i think we will wait we will wait at testimony the way it should be weighed yeah and then as

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far as, you know, Ms. Green stating, well, Mr. Chair, Mr. Chair, I believe Mrs. Green gave some

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additional information that was needed for us as the board, the board commissioners to be able to

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take this information and we'll, we will make the right decision. I got it. I got it. I got it.

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today go on proceed mr knock if the money finish up yeah and and as far as the effect uh that this

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project would have on you know south teller street i think it would have more of an impact to have

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the icmx use um to continue on or to be reinvigorated onto our property rather than

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residential um and as far as the safety of that bridge or that overpass um whether it's and i

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don't you know we obviously want to build in a safe part of town um but you know they're they're

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trying to push the fact that there are small businesses there if the situation is as bad as

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it says well there's you know having small businesses and pushing small you know customers

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there it's a lot worse than having you know again this residential use that we're asking for either

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way it's if it's really bad and safe then we have a serious situation as a city that needs to be

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directly taken care of but that argument did not make sense but i do appreciate your time and i

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all right okay thank you very much uh planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change in the industrial commercial mixed use zoning for

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this property which has been intentionally applied here as a buffer between the industrial and

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residential uses along an active elevated freight line this is one of several contiguous blocks of

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25th street that have been maintained in their character as light industrial corridor we have

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heard the applicant claiming that the intent of the proposal is to extend the neighborhood's

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residential character we argue this is not the applicant's nor the board's role in making

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determinations about extending neighborhood character the correct venue for this is through

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zoning legislation. The proposed variance will adversely and substantially affect the implementation

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of the comprehensive plan. As for the degree of variance being requested, this is a 10,000 square

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foot lot. If the lot was zoned RSA 5, the most common residential zoning in this area, then the

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applicant would only be allowed 10 units by right. In summary, we believe this application constitutes

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a de facto rezoning of industrial land to residential and far in excess of the minimum

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unnecessary variance to overcome limitations associated with physical conditions of the

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property. While we have no objection to the dimensional variances, we recommend the board

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deny the requested use variances. Thank you, Peter. Mr. Nachamson, and for anyone else who's

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Give us another week. We'll look at this next week, but we need to take this back and sit and

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talk about it after a lengthy meeting like this. Thank you very much for your time, and thank you

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to everyone else who took the time to call in. We're going to move on to the next case. Thank you.

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Number 15, MI-2022-003-458-4002-22 Ridge Avenue.

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Carrie Nass Pouse is the attorney.

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Letter of support from Ridge Allegheny Hunting Park Civic Association.

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RCO meeting was held.

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Chair, Ms. Paust is coming back in as a panelist now.

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Thank you.

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Good afternoon, Chair.

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Can you hear me?

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Hi.

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Could you please state your name and spell for the court reporter?

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Sure.

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Good afternoon.

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My name is Carrie Nace Paust.

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I'm an attorney with the law firm of Fox Rothschild.

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Address is 2800 Kelly Road, Suite 200, Warrington, PA, 18914.

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Right.

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Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Could you identify your client and relationship to this property?

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Yes, my client is the owner of the property.

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Could you identify the client?

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Yes, I'm sorry.

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I have it right here.

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That's okay.

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Oh, I'm sorry. Wait one second. The name. We don't have special entity names, so I have a lot of tries for that. Let me get the name pulled up here. It's 4002-22 Ridge Ave Roman numeral 2 LLC, Pennsylvania Limited Liability Company.

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All right. Thank you. Our vice chair has a few questions.

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