civus
Hearing video

ZBA Hearing - February 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 28, 20247h 19m

Chair, we have Alex Udovich. They have been unmuted and allowed to speak.

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Good morning.

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Good afternoon, Vice Chair.

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Members of the board, Alice Udovich, A-L-I-C-E-U-D-O-V-I-C-H, on behalf of Councilman Brian O'Neill.

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

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I do.

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Please proceed.

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Councilman O'Neill has no objection to the granting of the variance at this location.

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Thank you.

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Thank you very much.

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Anyone else out in the virtual audience?

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vice chair i see no hands at this time planning commission thank you vice chair and good morning

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david effecto with the city planning commission vice chair and board members the comprehensive

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

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appears to have built a non-compliant fence without the benefit of permits the city planning

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commission recommends that the board deny the proposed variance for a non-compliant fence

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okay uh mi-2023-005-710-1405 oakmont street my vote is yes

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thomas holloman my vote is yes james now my vote is yes

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all right congratulations sir is there anyone else out there the case has not been heard

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for the 9 30 list oh thank you everyone i'm sorry

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i see no hands at this time vice chair thank you all and look forward to seeing everybody at two

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o'clock. All right, baby. Ready to eat? All right.

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Chair, we have currently five attendees. You can proceed as you wish.

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good afternoon my name is ishmael shaheed and i will be chairing this two o'clock board meeting

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with me is uh barton board member thomas holliman present mr vice chairman also board member james

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now. Present, Mr. Vice Chairman. And we also have LeBaron Leonard Palmer with us from Department

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of Development Services. Also present with us is our Attorney Hillary Emerson and our Executive

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Director Tanya Sunken. Here's our virtual format. Please be advised, proceedings are being recorded

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and a video will be available by contacting Tanya Sunctit.

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Benefits to our, the benefit of our court's cinematographer,

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we ask that the witnesses identify themselves before testifying.

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And if you are participating by phone and you wish to testify,

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please press star nine to raise your hand and star six to unmute.

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to enter an appearance statement and call 267-270-5548 and leave an email leave leave a

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message or you can email the address of the property in question questions and answers

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questions in the answer box for the screen is testified for all comments should be directed

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should be directed to our executive director tying something moving on to our continuances

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to our executive director, Tyneson.

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Moving on to...

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for the two o'clock list

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mi-2023-004624 2628 south street it's going to be continued

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number 13 mi2023-0057692026 that's a duplicate so let's move on to that one

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mr chair there are two separate appeals in that case so please read that continuance into the

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record okay uh number 13 mi-2023-005769 2628 south street this is being continued as well

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number 14 mi-2023-006919 2301 north 29th street is being continued

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are there any other continuances in the virtual audience that I have not called

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good afternoon vice chair this is Yvette Benton I'll be your co-host for the day

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we have Stephanie Magana with their hand up they have been unmuted and allowed to speak

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good afternoon

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uh my name is stephanie mcgania here i'm just not here on behalf of 2628 south street um i know the

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rco um record please for continuance the letter of deferral i just wanted to note for the record

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that as the applicant we have no objection and we look forward to working with them in advance to

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the next hearing all right uh if you want to put that on the record you're going to have to state

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your name and spell it for the record so we can get that on the phone. Stephanie Magana, M-A-G-A-G-N-A.

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All right. And do you swear to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do. All right. So would you like to restate your statement again for the record?

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Absolutely. So I'm here on behalf of the applicant for the new development application and the

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signage application for 2628 South Street. The RCO requested a deferral so that we could

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continued discussions. I just wanted to note for the record that we have no objection and we look

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forward to working with them in advance in the next hearing. Thank you very much. Are there any

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other hands in the virtual audience that need continuances? Vice Chair, we have Carmen Avila

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with their heads up. They have been unmuted and allowed to speak. Good afternoon. Good afternoon.

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My name is Carmen Avila. I'm a constituent from here in the area. We just want our voices heard

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today? Sure.

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Can you please state your name and spell it for the

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record? And what property are you calling for?

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24-5 North Newkirk.

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We're calling about the parking lot. It's supposed to be

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a parking garage going on in the garage, in the

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parking lot. Okay.

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We haven't gotten to that case yet.

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I don't even see that.

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Excuse me, Mr. Reshirt.

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Ms. Avila, can you please state

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that case again? I'm not

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sure that that's on our list for today.

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Yeah.

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you said what was the address on new kirk street

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miss avila please unmute yourself yes ma'am yes what is what is the address of the property that

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you're calling about um it's at 29th and york is actually a parking lot that that case got

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continue that's the one that was on 29th okay thank you all right all right anyone virtual

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audience that needs the case that needs to be continued vice chair we have keisha usher barton

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they have been abuted and allowed to speak good afternoon how may we how may we help you

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can you state your name and spell it for the record

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yes that is k-e-i-s-h-a last name is hyphenated it's usher like the singer

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u-s-h-p-r hyphen martin m-a-r-t-i-n do you swear to tell the truth the whole truth and

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nothing but the truth i do please proceed which the property

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Yes, so I'm calling about 26, 28 to 30 South Street.

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Okay, that property is being continued.

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Correct.

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I would just like to get on record, if possible, that I am on the zoning committee for SOSNA as well.

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that I am on the zoning committee for SOSNA as well, and we did submit a letter of deferral,

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And we did submit...

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but we did so because we were unable to get in touch with, get a response from the applicant's

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attorney, and so we submitted the deferral, and late Friday is when we received word that this

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would be continued, so I'm just putting on record that had they worked with us earlier in the week,

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we would have probably requested a continuance as well.

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Thank you for your comments.

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Anyone else in the virtual audience

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that needs a case that has to be continued?

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Vice Chair, we have Stephanie Bagaglia

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with her hand up again.

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They have been abuted and allowed to speak.

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Good afternoon.

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Good afternoon.

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I'm here now on behalf of the applicant

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for 1200 South Broad Street.

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I see that case is lifted for a continuance.

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We are not requesting a continuance

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and we do intend to proceed.

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What's the address again?

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1200 South Broad Street.

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Yes, that should not be listed as a continuance.

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We've received exhibits for that case.

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I don't have that as continued.

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Okay, great.

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All right, we'll call it short.

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Thank you.

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Anyone else in the virtual audience?

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Vice Chair, I see no hands at this time.

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All right, moving on to our withdrawals.

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We don't have any withdrawals.

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and

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let me see here

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we have no add-ons

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so we're going to go ahead and

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call number two

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we're going to call number two and number seven at the same time

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MI-2023-006-509-176

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counter row street and number seven mi-2023-006945163 counter row street

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david orfaniti is the attorney

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mr orphanese if you're the virtual audience there he is he's coming back in as a panelist now vice

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chair thank you good afternoon council

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good afternoon sir uh please please state your name and spell it for the court reporter

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definitely my name is david orphanetes the last name is spelled o-r-p-h-a-n-i-d-e-s

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uh do you swear to tell the truth the whole truth and nothing but the truth thank you sir

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uh what's your relationship to your client i am the attorney representing the owner of the property

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american living concepts of mani yonk llc both properties thank you um our board member mr

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holliman has a few questions to ask you good afternoon counsel do you agree to waive the

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reading of the refusal and stipulate to his accuracy i waive the reading i do not stipulate

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to its accuracy either for either one did you email all of the exhibits and documents as required

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five days in advance to this hearing yes thank you please proceed and share your screen

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can you all see my screen yes okay so um we're present these are two separate cases

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um on opposite sides of the 100 block of conorow street um it's part it's proposed signage a

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freestanding sign in front of each of the two properties uh 163 conorow 176 conorow i have

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up on the screen right now, a rendering, an evening rendering of the proposed freestanding

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sign that will be at 176 Connor Road Street. But I'm going to present these both together

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because they are part of a, they work together because the properties that are located on

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the opposite sides of Connor Road Street, not only are they located on the opposite sides of

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Connery Street, but they're part of a larger complex or campus that used to be known. It was

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the St. Mary of the Assumption campus, church campus, and eventually I think became the St.

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John the Baptist, became part of that parish church. So back in 2018, there was an ordinance

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that was passed to take what had been, I think, 16 individual lots to relocate lot lines and to

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take this church that had closed, been open from 1849, but this campus that had been open

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since the mid-1800s until about 2015, and to adaptively reuse the existing.

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and to adaptively reuse the existing church and rectory and the school building.

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176, as you'll see, is the existing church or the pre-existing church and rectory.

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And then across the street is 163, which is the school.

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176 is historically designated.

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You can see here in the aerials the two properties in question, the one I'm circling right now,

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That is 176. And then across the street, as you can see, is 163. What I circled in red is the rest

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of the complex that was permitted through L&I for a total of between these two buildings at 176 and

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163, we have 35 residential dwelling units. And then over the rest of the property, you have

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21 single-family homes, off-street parking. Part of the original ground that my client purchased

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in 2018 was actually transferred as part of this overall project to the Northlight Community

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Group, which is located right abutting or across the street from our property up on Carson.

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um but uh there was an ordinance that was passed to create uh the saint mary's um overlay and that

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was in 2018 and here you go and it was originally ordinance 180101 you can see here because it's a

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very large group of uh the overall lot area for all the lots together total i think around 69 000

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square feet just over that, which is about 1.6 acres. So going back to the aerials, as you can

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see, not far off of Main Street in Maniunk, not far off of Green Lane, but I mean, it's a group

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of parcels that has dominated this community in the sense of its size for a very long period of

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time. Again, my client is adaptively reusing and restoring meticulously the school at 163 and the

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church and rectory at 176. And then with the other open area, again, a number of 21 tasteful townhomes

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and off-street parking. Also, there's going to be part of the, for the ground that was transferred

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over to North White, I think they'll be provided with 16 off-street parking spaces. Again, this

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all went through city council. I believe at the time it was extremely well vetted. There was

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testimony to that in front of city council. Our application today is, again, simply two

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freestanding signs, one at 163 and one at 176. So this is 163 in the church building, I mean,

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the school building. And these are revised plans. We had original plans that had the signs located

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in the fencing in the front of the existing structures located in slightly different

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places. And based upon the input we received at the community meeting with the Manioc

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Neighborhood Council in early January, we took some of those comments and we revised the plans

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to essentially for both properties create kind of widen the public space in front of our properties

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each of the buildings by pulling the fencing back and in the case of 176 actually pulling the sign

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back you can see here is a close-up in the bottom corner for 163 you can see here's the front of

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the building here's the proposed fence line we're pulling the fence line back with the gate here was

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the original plan for 176. And you can see where the fencing is up here and we have the signage

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over here. So to flip back and forth between them, you can see that we've made us change

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to create more public space in the area of the properties at 176 or 163. At 176, the original

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plan had the fence kind of tucked well in front of but in tucked in front of a jog fencing

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replacement fencing here and you can see in the revised plan based upon comments we received

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we took the fencing straight across we actually moved the signage back I think it was

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six feet and it's gone back to eight and a half feet so we've made some changes based upon what

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we received the comments we received at the community here on the plans you can see the

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signage each freestanding sign is seven feet by tall by three and three feet wide double-sided

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internally illuminated we don't have signage that is shining from an external source onto the sign

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from an external source onto the sign, creating a lot of glare. As you can see from this night

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creating a lot of glaze.

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rendering, it just has a nice type of halo or glow to it to direct people that either,

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