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Hearing video

ZBA Hearing - June 5, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 5, 20245h 26m

The event space across the street would be an assembly.

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As far as a community center, I personally have not seen anything community-wise going on there of the things that she listed.

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I am familiar with event spaces.

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Personally, I do not attend them in the city.

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Most calls assembly, as far as the driveway in the back, you could best believe that parking would take place there.

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It is not an issue so much of the parking, but the assembly that will take place with what she stated out of her words of armed guards at the facility.

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So this neighborhood, someone had the, I'm sorry, Miss Meredith had mentioned of it being multifamily.

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That is a residential neighborhood with corner properties being commercial.

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And most are homeowners.

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If you look to each street in each direction, north, south, east, and west, and just went two blocks, you would probably have about a few hundred houses. So 31 neighbors to say yes is a very small amount of whom's going to be affected.

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businesses that come into our neighborhood bring something or take something away

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i think that i personally feel that the using the word community center is is a smoke screen

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it's my honest opinion because it is these so-called event spaces that are popping up

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along uh philadelphia neighborhoods some and residential others and commercial so if they're

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on a commercial corridor, it doesn't affect the neighbors as much. This is strictly residential

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with a few commercial businesses that are on the corner. So I live here and I truthfully know that

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bringing another assembly spot to that place as an event space and not being straight up about

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telling the truth of how the armed guard story came along, I'm sorry. I think one thing false,

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all things false. Mr. Chairman, may I ask him a question, please? Sure. Mr. Felder, what is your

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specific address? 924 North 67th Street. Okay. And Mr. Felder, how far away is that from this

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property? It is one block north, which lands down Lebanon, and one block to the west. Okay. Would

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Would would would you would you agree if I stated that your property is about 900 feet away from the property and question?

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I don't know the actual footage, but I could tell you this.

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When a young man was murdered at that corner, I heard the gunshots.

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So I hear the gunshots from 66th Street. I pass by there every day.

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My wife catches the bus there. We walk by day and night.

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That is our community. You call it what you want. It's our community and we are affected by what happens by that many feet away. So that's, I am voicing my, my opinion to that.

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Are you done, Meredith?

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For now.

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Okay, thank you. Other questions or comments from the virtual audience?

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Yes, I have Pauline Rosenberg on the line. I've allowed them to speak.

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Okay.

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Hi, Ms. Rosenberg. Could you please state your name and spell for the court stenographer?

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I'm sorry, Mr. Chair. They put their hand down.

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Is there anyone else?

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Yeah, there's a Justin Green.

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Okay.

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I'll allow them to speak.

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Justin, could you please state your name and spell for the court stenographer?

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Sure. Justin Green, J-U-S-T-I-N-G-R-E-N.

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

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Yes.

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are you a neighbor yes please proceed sir the question in regards to the the armed guard um

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at the meeting when you presented that particular issue of the armed guard why would there need to

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be an armed guard at the event space if it's more about educational activities and things of that

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nature why would there need to be an armed guard that's you where you're not asking the question

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you're making a statement right well no i'm i'm no no no i'm i'm really asking why was there an

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idea of the i don't i don't i don't want you to you know you you make statements you don't ask

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questions please so your question is your question is you're curious why there would need need for

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an armed guard am i right correct yes thank you is there anything else you want to add

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so i do want to add that we we did we definitely do not need an event space in this neighborhood

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in this community at all we just do not need it as the gentleman mentioned earlier this is a

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residential neighborhood uh with facilities uh churches uh schools

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neighborhood, uh, with facilities, uh, churches, uh, schools, and we do not need any more assemblies

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that will impact the neighborhood in a negative way in this neighborhood. We do, we definitely

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do not need it. Um, I know that this young lady, I don't know, but this young lady is a business

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woman. So I appreciate her wanting to do business. Um, but this is not something that we want in our

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neighborhood and in our community as far as event space. Thank you. Myrna, do you have a comment?

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For him, no.

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All right.

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Thank you.

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Thank you very much, sir, for your comments.

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Is there anyone else in the virtual audience?

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No further hands, Mr. Chair.

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Planning Commission.

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It's Ryan Bednar, City Planning.

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Properties indicated for commercial mixed use.

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Our adopted comprehensive plan recommends no change to the zoning at this location.

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applicant has shown that the expanded private club use should have no detrimental impact to

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the neighborhood beyond what might be expected. Therefore, the City Planning Commission has

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no objection to the granting of the special exception. Mr. Chairman, if I might, just a few

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quick points. First and foremost, just on the law, the law about special exception could not be more

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clear that any objector has to present clear, documented, specific evidence that cannot be

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speculative. And what was said at an RCO meeting relative to armed guards, this applicant has been

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extraordinarily clear to this board that there are no armed guards proposed for this use. And that

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that was a discussion based on concerns the community had, believe it or not, for other

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uses that are in this particular community that are not in any way, shape or form related to this

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proposed use. And that is the exact kind of speculative testimony that many, many courts

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have said does not rise to the level sufficient to essentially overturn the applicant's burden

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that it has already met today. Whether the community needs something or not, with no

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disrespect to members of this community, that is also not relevant. The comprehensive plan

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specifically allows for this type of use. And in fact, given the fact that this is a brand new use

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in the code, that's even more evidence of the appropriateness of this use in CMX2 zoning.

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What we would suggest to the board as a compromise to the community, certainly understanding their concerns, Ms. Richardson's lease, I'll bring it up here, her lease is for three years.

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And we would suggest to the board, if the board would feel most comfortable, to impose a temporary approval that is consistent specifically with the timeframe of her lease.

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The community center use is certainly already permitted and already in operation for a couple months now. And this is just looking to ensure that that use can see its highest and best value in this particular space.

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So, again, the lease is for three years. So we would we would suggest that that would be a reasonable compromise, particularly in light of the challenge relative to the specific use.

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okay um so hillary i mean i'm going to hold this and we're going to take this to executive session

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next wednesday we'll vote it on at two o'clock and then hillary you can answer the question that

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was raised before that meredith mentioned but we're going to look at look at all sides of this

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and we'll vote on this next week at 2 p.m thank you very much sounds good and the record is closed

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okay all right thank you all right um is there anyone else in the virtual audience whose 330

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case has not been called chair i have a hand up by an ef i can have them to speak sure

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hi could you please state your name uh eric spencer sir okay could um could you spell

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for the court stenographer b-r-i-c-s-p-e-n-c-e-r right do you swear for him to tell the truth

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the whole truth nothing but the truth i do sir what case were you here for sir uh the one you

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were just talking about sir 66 in lansdowne are you a neighbor you want to testify to it yes sir

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okay so i i can't allow that because the attorney's already gone that's fine sir but my only real

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question was you said you were going to postpone this no i said no i didn't postpone i said we'll

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vote on it next week after we have a

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discussion. Will the public be

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Will the public be privy to the Zoom?

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privy to the

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The public can get on next

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The public can get on next, get on the,

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if I'm not correct, Tanya,

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they can get on and listen next week.

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Am I correct?

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Yes, most definitely.

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They can get on.

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Yep.

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The vote will take place next Wednesday at 2 p.m.

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But sir, there's no more public comment.

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That's fine, man.

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I'm not, I'm not, I'm not here for public comment.

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I just wanted to ask the question about,

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yep you can get on you can listen yeah excuse me chair just for the public audience if you have

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any questions or concerns please call our office i'll put it in the chat or you can visit our

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website at www.philodot.gov forward slash zba we'll be gladly we'll be glad to assist you with

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any of your concerns thank you miss thank you very much thank you thank you both uh is there

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anyone else in the virtual audience questions only related to cases that we have today thank you

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3 30 do not see any further all right okay thanks thanks everyone we're good thank you

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wonderful as always have a good night thank you all thank you

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good night everyone great job bye-bye good night

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Bye.

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