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Hearing video

ZBA Hearing - July 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 20, 20212h 56m

Philadelphia. Okay, do you swear or affirm to tell the truth, the whole truth, and nothing but the

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truth? Yes, I swear, sir. Do you agree to waive the reading of the refusal and stipulate to its

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accuracy? Yes. Also, have you emailed an exhibit packet with the required documents, proof of

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ownership, proof of tax compliance, copy of the refusal or referral, and plans and photographs

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five days prior to this hearing? Yes. And finally, have you met with the RCO and do you have a

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letter? Yes. Okay. Thank you. Please proceed. Mr. James, let me ask something. I asked for

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the translators. Did you guys have it? If you're not, I got my daughter and with me,

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he can talk. I was unaware of that. Lakeisha, do we know anything about a translator?

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No, we do not.

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So.

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Okay, sir, I'm sorry about that.

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Maybe a mix up there, but you say you have your daughter present?

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Yeah, my daughter, he can translate it to me, whatever I explain to you.

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Okay, that's good.

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Excuse me, this is Sharon.

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Do you believe that you can, you will be able to understand and participate because otherwise

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you will be able to understand and participate

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because otherwise we would need a court certified interpreter.

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otherwise we would need.

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Yes.

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Okay.

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If it's not my wife, Maricela,

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she's in the owner for the house too.

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She can tell later for me.

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Yes.

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She is also on the deed, so that's fine.

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All right.

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Okay.

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Could your, excuse me,

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could your wife, if she's going to be partake in this,

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translate, could she give her a name and address for the record? Yes, my name is Maricela Barberena.

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I live in 3871 Jasper Street, 19124. Okay, and do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth? Yes. Okay, thank you very much. Okay, proceed.

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Buenos dias a todos, primeramente. Good morning to everyone.

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The reason why we tried to make this meeting

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is because we are trying to do a parking lot in our space.

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When we had the RCO meeting,

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they didn't approve of our meeting.

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our plans, but they told us that they didn't want to get

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involved in this.

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That's the reason why we're here.

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We did our best of getting everything you asked for

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in order for us to be approved to our plans.

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Okay.

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I'm going to show you on the computer pictures.

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This is the part in front of our house.

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3871 Jasper Street.

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Our plans are to do our parking lot in our space.

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As you can see, that's the front of our house.

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and that uh where you see the garden that will be the space where we wanted to use to do the

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parking lot these are the plans this is our property that's the front view

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that's the part we want to make the parking lot we have like 26 feet

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as you can see

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give me one second please

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La otra parte del plan, donde se puede notar cómo el auto entraría en este espacio.

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That's the plan that it shows you that the car will go through with no problems.

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Y si ustedes pueden ver, el espacio que queremos hacer no va a interferir con el sidewalk.

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There's no interference with the sidewalk.

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Y esa es la razón por la que queremos el permiso, porque se tiene que hacer una rampa para que el carro pueda entrar.

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The reason why we're asking for your permission is because we need to do a ramp so the car can go through the street lamp.

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Y para eso nosotros hemos pedido permiso no solamente a ustedes sino también a los neighbors.

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uh we ask not only for your permission or the rbc but our neighbors let me show the list for the

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people

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okay this is the list of our neighbors that

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sign as a proof that they have no problems with us making the parking lot in our space.

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in our space in every meeting we have sent this list to to you

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because we want to make sure that they agree and um you as you can see they all sign up this list

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nobody has um reject our plans and nobody thinks that it's going to affect uh our community or our

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area. Mrs. Moreno, may I, since you are not a court, you're not a certified court reporter,

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but you are an owner of the property, could you just confirm that you adopt all of the

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statements you have made on your husband's behalf as your own testimony? Yes. Thank you.

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Could you go back to the, I believe, the first picture that you had shown of your

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front lawn there, the front of your house? Sure.

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Here's one. Okay. Yeah, that's it. Thank you. Okay.

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so my you know just looking at the picture one of my concerns would be

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you know the car hanging over onto the sidewalk at all

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is your is the street uh one way or or is it both directions yes both directions both directions is

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there parking on the opposite side of the street do cars park on that side uh yes they do they do

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on the street on the street right on the street yes yes

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let me show you again the the plan uh the reason why we show the plans to um the construction is

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because we wanted you to see that there is no way it's going to interfere with that's coming

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out and inside the parking lot see that will be the way we'll go in

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yeah and in front of our house there is a

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like a business so there are no houses in front of our house like dealer car yeah so we don't

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interview for nothing are there any other uh homes on your on your block on the street that have

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something similar to this?

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No.

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No, we're the first

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to solicit this

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because the other neighbors

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don't have the space to make it.

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So we have the space to

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we got the space to make this.

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But the reason for doing this

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is because in the last year

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the city is not safe.

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We got, we sang in the document

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the picture, the car is vandalous.

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you know and now it's not safely so that way we try to make this permit to make the parking in the

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house is there anyone else uh in the audience that wants to comment about this case please raise your

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hand? Yes, Agustina? Yes, Chichir, the applicant. Agustina, you can unmute yourself. Yeah, I'm here.

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okay and the applicant i support this okay please state your name and address for the record

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agustina moreno 31 38 71 jasper jasper street philadelphia pa 19124

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and and you said did i hear you say you are the applicant

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and and you said did i hear you say you are the applicant i'm the applicant yes

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i'm sorry but the applicant is always considered to be the property owner right

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would you like to say anything on this matter

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no i support those because i see the house i see the play and i see everything as well for

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the parking lot because they have enough space um he shows me the photo when the

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when the car was vandalized we go when the architect to do the playing i i support to

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to take the measurement and everything um i check and i think i i don't know how the city

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no approval i think everything is worth for the for people the the parking lot from the house

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okay thank you

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is there anyone else i'd like to make a comment about this case

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no more hands no more hands thank you lakisha uh does the board have any questions

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yeah no i have two questions uh do you have any uh photographs of the rear of your house

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with you

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um i can't show let me show you i have one but i don't know if i can help you too much

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let me see i guess what i'm trying to figure out is there's an alley behind your house

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yes we have it in the back in the back we had the alley because the other okay let me try to

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And I guess I could ask, you don't have to spend a lot of time looking for it, but is

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there?

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I know.

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I'm sorry.

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Yeah.

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It's okay.

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Is there parking in that alley?

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We do have the space to make it in the back, but there is a light pad that it's preventing

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us to put a driveway in the back from the city.

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okay the alley would not look like a public right-of-way but um they you know could have

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been at one point yes um and my other question is whether or not you have streets approval

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because there's a zoning aspect to parking on property but the streets department approves

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curb cuts to allow essentially the dip in the curb to drive over it for a business or

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a residence or for whatever.

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And so I'm wondering if you have had any conversations with the streets department?

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No, not when the street department, we got some company, you know, when we got some professional

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people to make the, because we know, you know, that's what we have to make the permits.

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We can do by ourselves.

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so we got some company he's coming to see the project he know what is the pie you know for

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the water pie for the gas pie and we check everything you know but we don't talk it when

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the department okay i don't have any other questions okay tom any questions no okay

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it. All right, let's go to the Planning Commission. Ron. Ron Bednar, City Planning.

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This property is indicated for residential use on a city plan. The applicant's hardship is not

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supported with evidence of unique physical circumstances or conditions of the site.

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Our adopted district plan does not support front-loaded parking without access to a rear

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yard. In this particular case, we believe that there is ability to do that. Therefore, we

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recommend that the requested variance not be granted. Okay. Calendar number MI-2021-000-376-3871

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on Jasper Street.

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My vote is no.

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My vote is no.

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My vote is no.

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OK, thank you.

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Thank you.

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uh excuse me this is sharon i did um i called mr lambert's office he is trying right now to

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Excuse me, this is Sharon.

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I called Mr. Lambert's office.

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log on he was getting a message saying that they were waiting for the host to let him in

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if there is another case remaining and that you could call before his okay no that's fine sharon

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we'll we'll go on i believe we might have uh one more case left and then we can go back to

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Mr. Lambert. Okay. All right. Let's go down to number nine. Calendar number MI-2020-003521

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400 to 418 North 5th Street.

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Is there anyone here from North 5th Street? Morning. Good morning. How are you?

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Good. Catherine Missimer, M-I-S-S-I-M-E-R, 1835 Market Street, Suite 1400, 19103.

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Okay. Thanks, Catherine. Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth? I do.

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All right. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do. I'll just make one note. We believe that L&I should have additionally issued a refusal

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for signage above the second floor. So we did notice that in our RCO notice, and we advised

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the RCO as well that we would be seeking relief for that as well. Okay. All right. Also, have you

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emailed an exhibit packet with the required documents, proof of ownership, proof of tax

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compliance, and the copy of the refusal or referral and plans and photographs five days prior to the

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hearing? Yes, I have. Okay. And finally, have you met with the RCO and do you have a letter?

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We've met with the RCO. I'm not sure whether the board received a letter. We weren't copied on a

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formal letter. Right. I don't believe we received an RCO letter. We did meet with them in two full

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public community meetings. We also had several committee meetings thereafter. We've been working

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with the rco on this since september of 2019 who who is the rco northern liberties okay excuse me

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this is sharon we did not receive the rco letter directly but we do have um a letter from councilman

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squilla in opposition that refers to the rco opposition letter i don't have a copy of it

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we weren't copied either so but i do have sort of a timeline of all of our interactions with

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RCO I can share with the board. I did submit that in advance as well. Okay, thank you. All right,

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please proceed. Thank you. If you allow me to, I will go ahead and share my screen.

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Can you see our exhibits? Yep, yes we can. Okay, great. So as I mentioned, I'm here on behalf of

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the property owner YSI2 LLC and CubeSmart self-storage. With me today are Ryan Dougherty

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of CubeSmart, as well as George Marks and Eric Gehring, our project architect, and Chris

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Danoulis, our project engineer. Just to briefly orient everyone, this is an existing CubeSmart

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self-storage location fronting on Callow Hill Street between 5th and 6th Streets. And as you

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can see we are south of the Target Center on Spring Garden and directly adjacent to the Vine

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Street Expressway. This application is for the construction of a new addition to accommodate

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the expansion of the existing self-storage operation. The current property owner purchased

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the property about 20 years ago with the existing self-storage building located and operating

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there on. The current building is at 90% lease rate, and we're anticipating that the demand in

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this neighborhood for self-storage is only going to continue to grow, and that's really what's

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driving this proposal to expand our footprint here. The proposed addition would be situated

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on the current vacant parking lot. As you can see here, that would activate 6th Street. Right now,

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that's just blank parking, and here's our zoning plan to sort of give you a closer view of what

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we're proposing. We would accommodate in this new building, we would be able to relocate

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our existing leasing office from the existing building to the new building. We'd also be

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able to bring our loading to the interior, our loading and unloading for cars, box trucks

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of customers, etc. We'd also be able to move the current trash storage on site interior

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to the building, which I think will really improve the landscape and the walkability

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