civus
Hearing video

ZBA Hearing - August 31, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 31, 20227h 0m

All right, thank you, Mr. Chairman. Have a great night, everyone.

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Number six, MI-2022-002-541-1400 East Mount Pleasant.

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Michael Hanley is the attorney.

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Letter of support from the 50th Ward RCO.

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Mr. Hanley is coming back in now as a panelist, Sheriff.

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Thank you.

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Hi, Mr. Handley. Could you state your name and spell for the court reporter?

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Yes. Good evening. Michael Handley, M-I-C-H-A-E-L-H-A-N-D-L-E-Y.

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

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I do.

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Could you identify your client in a relationship to the property?

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Yes. My client is the owner of the property, Andrew Neville.

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Okay. Our vice chair has a few questions.

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Mr. Hanley, do you read away the reading of the refusal and stipulate to its accuracy?

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Yes.

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

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photos under plans of the property five days in advance of this hearing, and have you met

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with the RCO?

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And do you have a letter?

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Yes, to all of those.

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Okay, great.

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You may proceed and begin with sharing your screen.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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So good evening, Council.

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Thank you for hearing us so late this evening.

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Hopefully we can be quick.

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First, I'd like to bring up the receipts for mailing of the notice to the community members.

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You can see all those here.

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They were all stamped out.

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Next, I'd just like to show you the photos of the posting.

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You can see here postings in the front yard.

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Council, Council, there's nothing up.

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It's not coming up?

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No, you've got to share your screen.

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I did hit share screen.

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It's coming up now, but now you've got to get your list out.

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Can you see it now?

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I think you've got to go into the email now.

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We now have your postal.

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Okay, that's what you can see?

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We see that.

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Okay, great.

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So this is just the, these are the proof of mail and the notices out to all of the 180

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some neighbors.

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Next, we have the photos of the posting of the property, front yard and side yard.

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I next have the zoning permit refusal.

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And if you'll notice here where the cursor is, the property was previously granted a

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variants to allow for two family dwellings and a doctor's office on the lower level.

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I have here the tax certificate issued August 18th.

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We have here the RCO opinion in support of the variants requested.

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and i have here some photos of the property you know to go through these quickly um and just for

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some background what we're looking to do here is basically convert the the lower level doctor's

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office into a third apartment and have this unit be uh grant of airings to have three residential

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units as opposed to the two residential units and the doctor's office that it was previously

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You can see here on the photos, the front door here to the middle floor and top floor apartment.

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You can see over the right here, this is the door to the lower level apartment.

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The next photograph here is from the rear of the property.

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You can see here is a back door to the lower level apartment.

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These are windows going into a shared living room and kitchen space.

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There's also a parking spot back here for the resident of the lower level apartment.

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Again you can see here this is from the side of the building. This is another door to the

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lower level apartment as well as a window to the bedroom and a window to the kitchen.

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You can see here in the interior here is the lower level kitchen window we saw on the outside

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which provides plenty of natural light to the kitchen. You can see here in this photo to the

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right you can see the light coming in and that's from the other window at the back of the lower

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level unit this is the window you could see on the outside on the side of the unit

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window allowing light in this is the bedroom and this is the separate entrance to the bedroom

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this is just some other pictures here and here's a picture of the interior looking in looking out

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of the front door so this is the front door here the door to the middle floor apartment is here to

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the left and up these two sets of stairs the door to the top floor apartment the property from what

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we can tell has has at least since 1990 been three separate units when my client purchased the

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property you can see here there's three water heaters in the basement one for each unit

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there's three separate heating units this is the heating unit for the the lower level and then the

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top floor and the middle floor had their own separate heating they run off boilers this is

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a brand new boiler that my uh the applicant just put in and those are the photographs of the

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property um you know basically we're looking to like i said have this property uh variance granted

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so that we can turn it into three apartments the building is already set up as three separate units

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It would cost a lot of money, and basically you'd have to gut the whole building if we wanted to change it back to a single-family residential area, a residential building.

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It's going to have – it's going to lessen traffic in the area as the prior use of the lower level was a business as opposed to now would be a residential apartment.

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It's also going to bring less people into the neighborhood.

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It's a residential neighborhood.

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The doctor's office that was in the lower level was one of the only businesses in a few

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The doctor's office that was in the lower level was one of the only businesses in, you know, in a few block radius there.

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And certainly on that block, it will not be detrimental at all to any of the neighbors.

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There's a long term tenant that lives upstairs on the top floor.

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He's been there for 20 plus years.

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He spoke very kindly of the current owner and he was at the RCO hearing.

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And in his opinion, I'll bring that back up.

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um you know he testified that the new owner is a good landlord who takes care of any issues if

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and when they arise um you know my client has already put thousands of dollars into this

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property as you saw he put in a new boiler um he has been working on redoing the basement there

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was some water damage in the basement after the doctor moved out so he has had to uh you know

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more or less redo the entire basement all new appliances all new floors all new paint new doors

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everything was ruined by water damage we had to redo all that uh so basically is your client

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here available to take your adapt your testimony yes he is here why don't we have him sworn and

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take let him do your testimony sure andrew are you here

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mr neville please unmute yourself and wait for the chair

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hi could you state your name and spell it for the court reporter please

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certainly chair my name is andrew neville a-n-d-r-e-w then n-e-v-i-l-l-e you swear

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for him to tell the truth the whole truth and nothing but the truth i do proceed and andrew

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did you hear my testimony this evening i did yes was my testimony true and correct it was yes would

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you adopt my testimony as if it were your own i would yes thank you uh sure that's all i have for

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you all right thank you questions from the board no mr chairman no mr chairman questions or comments

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from the virtual audience there we have dylan mahoney with his hand up mr mahoney you can

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Now, mute yourself and wait for the chair.

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Hi, Mr. Mahoney.

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You've been sworn before.

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Just state your name, please.

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Dylan Mahoney.

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I'm the Office of Councilwoman Parker.

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Proceed.

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Thank you, Mr. Chair.

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We've received a letter of support from the 50th Ward Democratic RCO,

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and we have no opposition to the granting of the variance.

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Thank you.

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Thank you very much.

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Anyone else in the virtual audience?

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There's no other hands at this time.

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Any commission?

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Ron Bednar city planning property is indicated for residential use on a city plan our adopted

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district plan recommends no change to the existing residential single family zoning at this location

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the applicant's hardship is not supported with evidence of unique physical circumstances or

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conditions of the property that would prevent it from being used in conformity with the code

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this application represents an inappropriate overuse therefore we recommend the request

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to advance not be granted. MI 2022-002-541-1400 East Mount Pleasant Avenue. I vote yes.

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Harold Teneri my vote is yes. Thomas Solomon my vote is yes.

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James Snell my vote is yes.

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thank you thank you council number seven have a good evening mi-2022-002-225-7430 state road

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sean ward is the attorney letter of non-opposition from the holmesburg civic association

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mr ward is coming back in as a panelist now chair

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good morning mr chairman is it is it thursday yet

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

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yeah sean ward s-h-a-w-n last name ward w-a-r-d uh here as applicant's attorney

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My address is 331 E Street Road, Trevos, PA 19053.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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And could you identify your client and relationship to the property?

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I represent Zalzman, that's Z-A-L-Z-M-A-N, Properties LLC, the owner of the property,

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as well as the tenant, Lee Zimmerman, Z-I-M-M-E-R-M-A-N, who is the tenant for the proposed

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tenant space, subject of the application, and he is the operator of Counter-Strike.

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And he is the operator of Counter-Strike, it's a physical therapy or, I mean, a physical fitness operation.

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Our vice chair has a few questions.

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Hi, Mr. Ward.

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Do you agree to wave through any 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, refusal, referral, photos, plans, five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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Yes, to all of the above.

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Okay, great.

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You may proceed and your screen's up.

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So that's good.

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Awesome.

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Mr. Chair, members of the board, I've submitted my typical exhibit packet, which is displayed on the screen.

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Let me blow it up.

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I represent Salzman, Properties, LLC, which is the owner.

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We were here on an application for them.

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They were relocating the gun range from Northern Liberties up to the Helmsburg section.

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The board was gracious enough to grant that application with the support of Helmsburg

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Civic last year or the year before.

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And they have a tenant space within the building that Lee Zimmerman, operating as Counter-Strike,

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is the tenant. The property is a 7430 State Road. And A1 is the notice of refusal. The application

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was a permit for personal services, which is a fitness gym. There was one refusal. Personal

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services are not permitted in the district, and therefore a use variance is required.

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a2 is the zba application of appeal a3 project information form a4 is the deed a5 proof of tax

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clearance a6 is the site plan a7 is the key plan a8 are photographs of the subject property aerial

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view street views as well as posting a9 is the rco letter should say non-opposition sorry from

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Holmesburg Civic. A-10, if submitted, I would ask that Councilman Driscoll's letter be marked as

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A-10. I don't know if they submitted one. A-11, as far as the relevant zoning history, again,

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in 2020, we came to the board with an application for a firearms training facility and retail sales

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gun shop. That application was branded with the supporter non-opposition of Holmesburg Civic.

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Prior to that, the use in the property was a document shredding and construction warehouse

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and storage with accessory offices. And dating back to 1936, it was a lacquer and stain

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manufacturing facility. A-12 is a zoning map. A-13 is an aerial photograph.

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So not to belabor the board's time, we have the deed.

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We have the tax clearance.

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We'll reduce these.

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As you can see, all taxes are paid.

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On the site plan, you'll see this was used in the previous application.

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We provide 45 parking spaces off-site, which is well in excess by 15 spaces.

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that which we're required to provide with regard to the uh the site plan or floor plan

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uh this basically square area here that you see uh is uh currently basically a storage garage

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which would be converted into the counter strikes uh fitness center it is serviced by an overhead

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door plus a pedestrian door right next to it the rest of the first floor as you can see

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in this section is occupied by the gun range currently still under under renovation and

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progress with regard to the photographs this is a copy of the posting on the fence a close-up shot

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The property is located on State Road with the CRX tracks to the upper left in the photograph

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and 95 to the lower right.

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It's located just below the Cotman Avenue exit of I-95.

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You come up Blythe Street to State Road and the property is right here.

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If the board recalls, we were here last week in support of a neighbor's application.

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for Sweet Lucy's, which is located directly next door.

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Here's just another aerial shot.

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This is a dated photo from Google Earth, obviously, when it was more of an industrial site.

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But the location of the fitness center would be right around this location here, right

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under the red dot.

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This is a picture of the front of the building from State Road. This, if I was standing in

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This is a picture of the front of the building from State Road.

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