civus
Hearing video

ZBA Hearing - December 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 11, 20247h 26m

In the front, it's a two-bedroom.

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What's the depth of the basement slab below grade?

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All right.

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It's right there if you zoom into the egress well.

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Yeah, I see it.

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It's like eight.

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Yeah, it's just two.

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you're you're eight feet below grave yes

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are the basement units only in the basement are they bi-level they're only in the basement

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so the living so the living units in the basement are eight feet below

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ground. Correct, but they have

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Yeah, I say they have egress wells, but they're in for the ground.

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They have egress wells, and

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egress well, egress well, egress well, egress well.

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So am I to understand that no one attended

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the community meeting? That is correct. Well, the people from the RCO

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did. But no residents on the block?

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neighbors? None of the nearby neighbors. Wow, that's interesting. And my other question is,

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like, has there been any kind of communication about replacing the mural that would be lost,

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or is there a gap? That will be lost, and that was not an issue raised by anybody

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at the RCO. I mean, we met with the RCO several times, had numerous correspondence with them,

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I worked with Councilmember Young's office as well extensively to come up with the project and, you know, what to do here.

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So we had several meetings with Common Crosley of the Councilmember's office.

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There were mailings? I mean, letters were mailed out and nobody came to the meeting?

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That is correct.

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Wow, okay. Thank you.

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We sent out, and there's our affidavit showing that they were sent.

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There's the list of every property it was sent to, and we sent them out.

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and we had one formal meeting and several informal meetings with the RCO.

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Bunda Tate, I believe, is the name of the chair of the group.

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I think my last question is, so what's the specific agreement, the final agreement that

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was made with the RCO? Is it just about the affordability and the number of affordable units?

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Yes, it's about the affordability, number of the units, unit sizes, specification, tenant eligibility, rent limits.

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Oops, sorry.

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Affordability, that's what they were interested in.

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That's what we worked with them on.

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And that's what we came up with in terms of a 50-year agreement with them.

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They have the specific right to enforce it.

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That's, you know, we spent a lot of time working with them on that.

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Has your client have any experience renting to tenants?

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Has your client have any experience renting to tenants that are below 80% AMI or marketing to tenants below 80% of AMI?

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They do. I don't want to speak for them, but yes, they do.

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And then has there been any thought about what the rents are going to be for those units and how those are going to be filled?

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We did speak to them about that and reviewed the income limits that are out by the planning commission and also spoke to the RCO about, you know, how to get tenants in there and what they want to see and how they want us to market in the community.

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So my question is, would your buy right option of 11 units, could you build possibly without having folks living in the basement, eight feet under the basement, in the basement?

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i mean i guess theoretically you could

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i don't know that they would but they could

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have the have the units that are going to be designated for low income or as affordable

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been identified like which ones they are on the floor plan we have not done that but we will meet

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with the rco and they will agree with us as to what units get what designation that's part of

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agreement with the rcl okay and then has i think that should include community members as well as

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rcl because there's no community there's no full community input in this project and that that

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concerns me understood and you know we did what we had to do and tried to get people out and send

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out all the notices i mean i can't make people show up either and then what are the target rents

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for these because it looks like it's it's six units so what do we know what the target rents

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are for the six affordable units i don't have the numbers but we have two at 50 percent ami one at

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60 percent ami and three at 80 percent ami i just don't have the specific numbers the specific

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numbers in front of me okay does they're published by the they're published by the planning commission

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and the guidance comes out every year sort of sort of but yeah okay you're using the city's

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guidance that was my yes yes yes other questions questions or comments for our attorney

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not at this time mr chair questions or comments from the virtual audience

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yes chair tyrone williams has been allowed to speak

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could you state your name please and spell for the stenographer yes reverend tyrone williams

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Okay. Well, you were already sworn once today, Reverend.

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I have a few questions about this project only because I'm concerned about the meetings that have taken place.

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And as an affected RCO in the community, I have heard nothing about this project.

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I'm also concerned about the rooftop decks and the egress wells, since we do have an overlay.

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I wanted to know when was this project approved?

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it doesn't seem to be a lot of community input and particularly from other RCOs

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and as affected RCO I would like to get all documents and I would like to get a copy of

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that agreement because this is the first time hearing this thank you there was only one RCO

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Mr. Chairman that we were told to notify and that was all in the family CDC there were no other RCOs

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And if you look on the City Planning Commission website, there is only one RCO for this property, and that is on the family CDC.

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If that is the case, then I understand.

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But I'm just saying if there were affected RCOs supposed to have been part of this process, including the benefit agreement, because it's a community benefit agreement, not just a benefit agreement, I would like to make sure that we are part of that process in the future.

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or if we are indeed one of the affected or affected RCO for this project.

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Again, Mr. Chairman, there was only one RCO that we were,

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and if you look on the website, that's all you will find is one RCO,

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and that's all in the family CDC.

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Other questions or comments from the virtual audience?

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Yes, Chair, I have a hand up by the name of Teresa Brown.

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They have been allowed to speak.

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

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Teresa Brown, please unmute yourself.

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Hello? Chair, Teresa Brown is still on mute.

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Or anyone else in the virtual audience?

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Anyone else in the virtual audience? There are no more hands at this time.

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There are no more hands at this time, too.

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Planning Commission.

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Amy, board with the Planning Commission.

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The comprehensive plan recommends no change in zoning at this location from the existing residential multifamily RM1.

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The Planning Commission supports affordable housing development.

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However, absent participation in a city, state, or federal program or city zoning initiative, such as a deed restriction, affordability mentioned the appellant's testimony cannot be enforced by any city agency.

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Therefore, the Planning Commission has no objection to the requested variance for 18 multifamily units.

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Mr. Mattione, I just want to take this back to executive session and have a conversation with the members of the board. We'll look to take action on this next Wednesday at 2 p.m.

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Thank you, Mr. Chairman.

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Okay, thank you.

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Thank you.

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All right. Number. Number nine, MI 2024, 004-238-225-73 Geiger Road. Sean Ward is the attorney.

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is it greater busselton civic league vote was 39 in support one in opposition

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letter of non-opposition from council member o'neill

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Mr. Ward?

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Do we see Mr. Ward?

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Yes, Chair.

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He's not in the audience.

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He's not?

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Mr. Ward has been promoted to penalist.

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It looks like he is talking, but we cannot hear him.

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Mr. Ward?

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We're having a hard time hearing you, Mr. Ward.

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My apologies, Chair.

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It appears that Zoom is moving slow for some participants.

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We're going to try to see if we can get Mr. Ward.

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Okay.

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Mr. Ward is coming back in as a panelist.

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Can you hear me now?

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We can hear you, Mr. Ward.

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Oh, can you see me?

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Yes, I can, Mr. Ward. Could you please state your name and spell for the court stenographer?

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I'd be more than happy to do so, Mr. Chair.

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My name is Sean Ward, S-H-A-W-N-W-A-R-D, attorney or applicant slash owner of the subject premises.

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

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I do.

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And Mr. Ward, could you identify your client, please?

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Yes. In this particular matter, I represent Al Stupowitz, that is S-U-P-O-W-I-T-Z, doing business as B&S Associates, which are the applicant and owner of the subject premises.

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And our vice chair has just a few questions for you, sir.

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Thank you.

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Good afternoon, Counselor. Do you agree to waive the reading of the refusal or stipulate to its agency?

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I will waive. I have a question about it, but I would submit that regardless, we need zoning relief.

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But I will address that as we go through.

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That's a fair statement. Have you emailed in all the required documents and exhibits that's needed and required to proceed with this case five days in advance of this hearing?

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While they weren't submitted five days in advance, everything has been received and accepted by Board Counsel and the Zoning Board of Adjustment.

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Thank you, Counsel. Please proceed and share your screen.

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Okay.

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Okay, let me...

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All right.

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um chair can we confirm that my screen is shared yeah your your screen's there you might just want

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to make it just a little bit larger a little a little bit of an eye testing that's that's fine

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Okay. Again, I represent Al Suplowitz, who is in the virtual audience. He is a principal with B&S Associates, owner of the property at 225-73 Geiger Road, scheduled for today at 2 o'clock.

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um this is an application uh my i've submitted my typical exhibit packet which includes

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includes the uh list of exhibits and a summary of relief a1 is the notice of refusal

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uh this is an application for adaptive reuse of industrial property uh for which there appears to

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be no further demand for such use.

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And it includes a rear addition as part of an existing detached structure for use as a

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pickleball sports complex.

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I'm sure everybody's aware that pickleball is the new craze.

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And so we are looking to convert a substantial portion of this property, including an addition for a 10-court pickleball facility.

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Obviously, it's not permitted in an I-2 industrial district.

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With regard to the refusal, if I can just jump to that.

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L&I is considering this assembly and entertainment.

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However, I would submit it's active recreation, but in any event, it requires a variance for

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this proposed use, whether it's considered assembly and entertainment or active recreation.

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So that's the only thing that I wanted to point out with regard to the refusal.

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But, you know, we acknowledge we need zoning board approval.

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So regardless of how they categorize the use, it's not permitted in I-2 and we need a variant.

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So A-2 is our application of appeal.

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A-3 is the project information form.

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our deed, proof of tax

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clearance. A6

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are our zoning site plans.

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I beg the board's pardon.

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I should

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have deleted

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typical floor plans because we have not

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drawn

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them up yet, pending approval.

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And we have our

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photographs, subject property, street

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views, aerial views, and I do

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have an additional screenshot

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of posting, should the board need to see it.

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Pardon me.

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A9 is the RCO meeting notice and the certificate of mailing.

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A10 is the letter from Greater Busselton.

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I believe Jack O'Hara may have stayed on board for this hearing, and he may chime in

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if needed.

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I spoke to Councilman O'Neill's representative, Alice Udovich, who indicated that she submitted or they submitted a letter of non-opposition with regard to this application.

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As far as relevant zoning history, going back to 2012, there was an auto repair shop and wholesale and distribution.

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I would point out to the board that half of the existing building is occupied by the auto repair and one or other wholesale distribution businesses, i.e. a landscaper.

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They are going to be exiting their occupancy.

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So that portion of the building, in addition to the addition, will be used for the subject pickleball facility.

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So at A13, we have the zoning map and A14 is the aerial photo.

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So as far as existing conditions go, there's...

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So as far as existing conditions go, there is a self-storage facility operated by the owners that is going to remain.

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The auto repair use and the landscaper use, they will be vacating the building.

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However, the landscaper will maintain some outdoor storage area, which does not affect this application one way or the other.

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At present, the days and hours of operation of the pickleball facility would be Monday through Friday, roughly from 8 a.m. to 10 p.m.

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Weekends, they haven't yet determined, but that would be forthcoming.

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They anticipate 10 full-time employees and part-time employees as needed moving on.

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Right now, they do include a juice bar, but that would be limited right now to vending machines, more or less self-serve.

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As time goes on, if the juice snack bar requires or suggests that we need some actual employees and more active use, we would go to that.

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So in my packet is the notice of refusal.

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Here I'm going to zoom out just so you can see the docs.

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The application of appeal.

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The project information form.

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My transmittal letter to the board.

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This is the deed indicating that my applicant is the owner.

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This is proof of tax clearance, all taxes are paid through the applicable tax period.

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This would be the zoning site plan that was submitted, as you can see by the red bubble

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outline.

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