civus
Hearing video

ZBA Hearing - December 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20206h 9m

i see no more handshare thank you um planning commission good morning

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David Fecto, City Planning Commission, Mr. Chairman and members of the board.

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These properties are indicated for residential single-family use in the comprehensive plan.

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The I-2 zoning here dates back to 1933.

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The applicant proposes to build two duplexes.

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We have no objection to granting these variances.

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Thank you.

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MI 2020-001564, 1010-12 West Kelowna Street.

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My vote is yes.

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my vote is yes my vote is yes my vote is yes my vote is yes thank you can we just stipulate that

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my client is present and would have adopted my testimony i'm sorry i got ahead of myself sorry

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about that yes thank you thank you have a good day thank you calendar number 1557 1400-38

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North Howard Street. Wait a while. What about number two? East Luzerne? I just didn't want to

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call it out. Sorry about that. Strike everything I said. Calendar number 1569, 1400 East Luzerne

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Street. The attorney is Sean Ward. Mr. Ward, you've been promoted to panelist.

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Mr. Ward, you've been promoted to panelist.

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Mr. Ward, please unmute yourself.

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Hi, Sean.

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Can you put your name and address on the record if you can hear me?

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I am getting there I see your graduation I'm not the only one having technical difficulties

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there you are uh good morning uh Mr. Chair

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uh good afternoon I mean good morning Mr. Chair members of the board Sean Ward on behalf of the

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applicant Elizabeth Morales my name is spelled S-H-A-W-N-W-A-R-D my address is 331 East Street

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Road, Trevos, PA 19053. Thank you. Do you swear or affirm to tell the whole truth and nothing but

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the truth? I do. Do you agree to weigh the reading of the refusal and stipulate to its accuracy?

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Yes. And have you mailed the exhibit packet with proof of ownership, tax compliance, refusal,

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referral, photos, and or plans of the property five days in advance of this hearing? Have you

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met with the RCO, and do you have a letter? Yes, to all. Thank you. You may proceed.

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Okay.

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Okay. At this time, I'm sharing my exhibit packet screen. If the board can confirm it,

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they can see it. Yes, we can. Thank you.

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I've submitted my typical exhibit packet on behalf of Elizabeth Morales.

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A1 is the notice of refusal.

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It's an application for personal services, i.e. a beauty salon at the first floor in the same building with an existing single family household living above.

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Resulted in two refusals.

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Personal services is not permitted in the district and multiple principal uses are not permitted in the district.

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Accordingly, we seek a use variance today.

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A2 is the application of appeal.

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A3 is the project information form.

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A4, proof of ownership, copy of the deed.

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A5 is tax compliance.

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A6 are the site floor and elevation plans.

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A7 are photographs of the posting, the subject property, and some aerial views.

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A8 is the RCO letter of support from Juniata Park Civic Association.

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If submitted, I would ask that the district council person's letter be marked as A-9.

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Usually Sloan folks participate verbally in these hearings, so I'll defer to him.

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A-10 is the relevant zoning history.

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Historically, this has been used as a luncheonette and a single family above.

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A-11 is the zoning map.

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A-12 is the aerial photograph.

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Just brief comments.

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The operation would entail the owner and one to two employees.

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days and hours of operation Monday through Saturday, 9 a.m. to 7 p.m., closed on Sundays,

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and it will be by appointment only. So moving through the exhibits, there's a copy of our

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refusal. You'll see the two refusals listed. We also have the project information form,

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copy of the application of appeal.

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the deed dated november november 25th 2019 property is owned by elizabeth morales and

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her mother filma akino um moving on uh tax compliance as you can see taxes are paid

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through 2020 21 is not due yet with regard to the plans uh basically what you have here is a

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corner property in Juniata at Luzerne, 1400 block of Luzerne Street, M and Luzerne. As you can see,

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it was a typical first floor commercial corner property with a dwelling above.

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My client proposes a new beauty salon to occupy the entire first floor.

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There is dedicated steps up to the apartment above. We have a small powder room in the rear

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for customers and employees and a mechanical room and storage. Again, the property, it's an

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existing two-story building at M and Luzerne. While no signs are proposed in this application,

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we did review with Juniata Park the proposed signage. It would be a wraparound type awning

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sign to which they had no objection, but that would need to be the subject of a separate

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application as we needed to get this application in uh in a timely fashion and assigned plans

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were not available so uh again some photographs you got the typical storefront there's a picture

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again some photographs you got the typical storefront there's a picture

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from the side the dedicated entrance to the apartment above there is ample

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storage room in the rear yard a view from the rear again these are Google

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photos these are not taken by me so they may not be as current as what the

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property is but it gives you an idea generally what the property is and it

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It had been long used as a commercial property on the first floor.

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We have a picture of a copy of the posting of the notice.

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The notice on the front, here's Juniata Park's letter.

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Generally, debate took place around the hours of operation, trash storage and pickup, lighting, and the types of services provided.

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It was then agreed on the hours of operation, again, Monday through Saturday, 9 to 7, and by appointment only,

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and that they would be closed on Sunday.

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There was also a condition we agreed to

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that the outer door would not be kept open

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during the summer to exclude music

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from being heard outside of the salon.

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Again, with the zoning history,

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dating back to 1968,

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you can see a luncheonette, one family.

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1963, candy store, luncheonette, one family.

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again uh and then back in 1934 it was a single family home the property is zoned rsa5 however

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is adjacent to a large icmx district right behind it and then we have the aerial photograph as you

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can see luzerne runs left to right along the picture and m street runs north and south

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and directly behind us is a save-a-lot grocery store and a Rite Aid as part of a shopping center

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on Erie Avenue. So based upon the foregoing and the non-opposition and support of Juniata Park

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Civic, bringing another business into the Juniata Park section of the city, they support the

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application and we would ask that the board grant the variance. My client has somewhat of a language

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barrier. However, I did review this packet with her through her family member translator. She is

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fully aware of what I am presenting today and I would ask the board to stipulate that she would

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adopt it as truthful to the best of her knowledge and belief and she would adopt it as her own

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testimony. Noted, thank you. Questions from the board? No. No. Anyone else like to testify in

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this case? If so, please raise your hand. There he is. Good morning, Chairman DiCicco and ZBA board

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and Sean Ward. My name is Sloan Foulkes, Office of Councilwoman Maria Keyones Sanchez,

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room 508 city hall the folks just please spell your name for us oh i apologize sloan s-l-o-a-n-e

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folks f-s in fire o-l-k-s you swear or affirm to tell the truth the whole truth nothing but the

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truth i do sir thank you um having met with uh the coordinating rco and receiving other support

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our office um the councilwoman uh does not have any opposition to this but she would like two

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provisos on behalf of the community um the first proviso is that the uh the the signage for the

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business if lit only stays on till midnight and the second proviso is that uh trash can be picked

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up by our commercial waste disposal thank you this is sharon saletta the signs aren't before you so

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right that's just gonna say okay thank you all right yeah that's a that's an application for

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another date possibly understood you got it okay all right anyone else would like to testify in this

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case i see no hands chair thank you planning commission good morning david effecto city

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planning commission mr chairman and members of the board this property is indicated for residential

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single-family use on the city's comprehensive plan. The zoning maps for this neighborhood

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date back to 2018. At that time, there was no sign of recent commercial use of this property.

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However, all four corners of this intersection appear to have once been commercial,

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so we have no objection if the applicant wants to return the building to commercial use.

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Thank you. MI 2020-001569, 1400 East Luzerne Street. My vote is yes with the following.

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1-4-0-0 East Luzerne Street.

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My vote is yes with the following provisos.

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Correct me if I'm wrong, Mr. Ward.

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Hours of operation Monday through Saturday, 9 a.m. to 7 p.m.

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Closed Sundays and commercial trash pickup.

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Correct. No objection.

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Thank you.

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My vote is yes with provisos.

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Yes with provisos.

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Yes with proviso.

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Yes with proviso.

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Thank you, Mr. Chairman. That concludes my business until the two o'clock list. Can I be excused?

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You may. See you at two.

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Thank you.

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Calendar number 1557, 1400-38 North Howard Street.

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I see no hands for this case.

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Wait a minute.

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Everyone present for 1400-38 North Howard Street.

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We have Hercules Grigos.

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Good morning, Mr. Grigos.

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Hi, Mr. Grigos.

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Can you please put your name and address on the record and spell your last name?

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Yes, thank you.

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And Hercules Grigos, G-R-I-G-O-S, 1835 Market Street, Philadelphia, PA.

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

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I do.

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And you wave and stip?

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I do.

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Also, have you emailed an exhibit packet with the required documents, including proof of ownership, tax compliance, a copy of the refusal or referral, photos and plans of the property five days in advance of this hearing?

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and have you met with the RCO and do you have a letter? Yes. You may proceed. Great and I think

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my client Craig Albach, A-U-L-E-B-A-C-H and or Tom Fitzgerald from Asana are on if they want to be

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promoted. I'm here today representing Asana Development and its affiliate 1400 North Howard

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LLC, owner of the property located at 1400 North Howard. We're here today with an application for

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the adaptive reuse with almost 80,000 square foot warehouse building in the South Kensington

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section. As I said, Craig Allback and Tom Fitzgerald are here representing the development

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team. If I may share my screen. I'll orient everybody. This is an existing approximately

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80 000 square foot uh former warehouse building in the city of south kensington section uh it's

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bounded by uh north howard um master street uh master i believe jefferson to the north

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we're proposing today to take this vacant building uh and do an adaptive reuse uh from

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and I believe it was a former furniture warehouse

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to essentially creative office and retail.

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And here's some overview to the West,

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just to give context across Masters, Hancock playground.

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And then there's a series of townhomes and multi around us.

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Just to give you some context to the street.

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Some existing loading bays that we intend on reusing just one of them.

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Procedurally, we met with South Kansas community partners, received support,

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and a lot of support from the near neighbors.

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We had two public meetings on this,

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and you'll note the letter of support in your packet.

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As I said, we're looking to do an adaptive reuse.

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The site is zoned RSA 5.

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Presumably that was,

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this property was approved maybe five to seven years ago

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for townhomes, but it was never developed.

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And we think that it's a great opportunity

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to reuse this building

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and bring what we think there's a need

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for some office space in the neighborhood.

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As the South Kensington neighborhood

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has been further developed with new residents

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in proximity to developments on Fishtown,

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my clients believe that there is a great opportunity

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for office space and some retail.

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So here's some proposed renderings.

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um here's some uh proposed renderings um and how we intend to reuse the building put a new skin on

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um and just um this is essentially uh some of the the pictures and the hope is that um we can include

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you know some some light neighborhood retail and maybe get a larger creative office tenant

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and here's just you know tenant entrances um potential for parking based on tenant needs

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um refusal because it's rsa5 um the uh the uses we propose in cmx2 are not permitted

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and uh meeting i think was attended by 100 people

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on Zoom at SKCP, and you can see the position was to support the project.

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And here's just our letter, et cetera.

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So as I said, we're here today because the site's zoned RSA 5.

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The requested variance is minimally, if necessary, will not alter the essential character of the neighborhood.

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In fact, it meets the mixed-use character of the neighborhood,

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will not impair appropriate uses of development or adequate light will not substantially increase

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congestion will not be detrimental to the neighborhood as evidenced by our letter of

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support i'm not sure if uh craig or tom fitzgerald are on but i would just ask them to uh affirm my

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testimony and i have any questions for the board thank you any uh the gentleman who uh mr griego

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just mentioned if either of you were available please uh raise your hand yes mr chairman affirm

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his testimony uh name it name please all right this is tom fitzgerald t-o-m-f-i-t-z-g-e-r

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tom have you heard my testimony you affirm it as your own

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