civus
Hearing video

ZBA Hearing - August 30, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 30, 20233h 48m

community, he would know this. So there has been several meetings to pretty much improve the

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corridor, and we're going to continue to have those. In addition to that community meeting

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that Mr. Allen spoke about, we asked what did his advertising

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that Mr. Allen spoke about, we asked, what did his advertisement look like? Because they claimed

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they were struggling to rent this commercial space, yet we couldn't find any advertisement,

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you know? So we're all on a Zoom meeting, and we're looking for these advertisements. And when

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asked, well, who's doing the advertisement? We were told by the applicant that they hired a

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third party. The question was, okay, well, where's your third party advertising that you're renting

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the commercial space. They didn't know. They didn't know where the commercial space was being

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advertised. So how are you trying to rent a space? And we can't find anywhere where this space was

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advertised for rent. So with that being said, no, I am opposing to this as a lifelong community

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resident. 60th to 63rd and Market is a business, a commercial corridor, and that's how we want it

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to stay. We do not want it to be K&A. And again, as far as those petitions that he had done,

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they are questionable petitions. Because on that meeting at 6104, the residents that did

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send that a meeting, and it was about 15 to 16 of them, Achievability should have sent that also,

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we voted no. So during the community meeting that we had, the community said no. So he went ahead

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and got his petition um and again those those petitions are questionable they're not we don't

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know those people they're not verifiable so um again but the issue is you're against it you're

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saying um i'm i'm i'm i'm heavily against it okay thank you very much for taking the time to call

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in do you have a question can i briefly respond uh why don't we do this why don't we wait to see

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if there's anyone else in. Is there anyone else

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in the virtual audience?

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Yes, Bridget Powell

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with her hand raised. I have allowed them to speak

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at this time. Hi, could you state your name

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please and spell for the court

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stenographer?

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Before I continue,

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I have a gentleman

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who has a business

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on that commercial quarter.

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Hold on.

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Could you state your name and spell for the stenographer?

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her Bridget Powell b-r-i-d-g-e-t p-o-w-e-l-l thank you do you swear or affirm to tell the

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truth the whole truth and nothing but the truth I do are you a neighbor I am I live in a unit block

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okay proceed um I was also at the community meeting on zoom and yes we did not vote for

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approval of this variance. And yes, he did present the petitions. And I also emailed you

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petitions that I went and got on those same blocks that the owner has here. And I got all

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non-support. And I basically want to say is that for over 20 years, I've lived over here in the

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unit block. And we've seen the L and the construction. But at the same time, I use the L

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to get to work. I can get off and go to the supermarket. I can get off at 63rd Street and

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my children go to dance class there. And I can also get my hair done. There's daycares here.

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And he also mentioned, we asked him how much was he asking for the commercial building? And he said

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$1,200. And there was a gentleman on who chimed in. He says, well, when we asked, you told us

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$1,700. So to me, $500 is a big difference and can make or break whether someone wants to rent

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out your property. Okay. So you're against this proposal? I am against this proposal. And I'm in

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agreement with our councilman, Gaudier, who says that if this can't be provisional, then she's

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against it also. All right. Thank you very

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much for taking the time to call in. Is there anyone

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else in the virtual audience?

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I'm, yes, Chair. A person with the initial

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LH with their hand raised. I will

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allow them to speak at this time.

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Hi. Could you state your name and spell, please,

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for the court stenographer?

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Richard Milton.

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Say it again. Richard Milton.

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M-I-L-T-O-N. Okay.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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Yes, I do.

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Are you a neighbor?

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Yes.

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Are you for or, listen, hold on.

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Are you for or against the project?

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Against it.

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Okay.

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Do you have any other reasons than what's already been mentioned?

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Yes.

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I actually live right next door to the property and cross the street from the other one.

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And since he'd had them properties, I used to know the man that actually owned it.

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And it definitely was a business before that.

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And it definitely was a business before that.

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But the man got sick.

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But the man got sick.

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So what says that man?

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So since that man took over both of them properties, they don't took bodies out of the buildings.

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So I don't know what y'all are talking about.

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It's a good thing that he's doing because all he's doing is messing the neighborhood up because they've been putting bodies out of the building, both of them.

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And I'm going to tell you something else.

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If he don't watch what he's doing, he can bring another body out of the one next door to me, and it's going to be a baby.

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Do you hear that?

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And I'm telling y'all that can.

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Thank you.

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Thank you for your comment, sir.

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Is there anyone else in the virtual audience?

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I see no further hands, Mr. Chair.

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Mr. Knopkinson, do you want to respond?

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Yeah.

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So in terms of our petition, that's something we provided the community group at our community

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meeting.

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And I don't know, I don't think they took the vote in front of us, but we purposefully

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put contact information like phone numbers or email addresses.

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So it's verifiable.

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I can't speak to whether or not they did that, but, you know, we intentionally reach out to the community in that respect.

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So I can't tell you what the vote was for the people in person.

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It sounds like some of the people that were in at that community meeting who are against it are also hearing against it.

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But after hearing those individuals who are against it at the community meeting, the community group agreed to support this project without any provisional support.

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planning commission

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thank you chair bergman and good afternoon david effecto with the city planning commission

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the comprehensive plan recommends a change in zoning at this location from commercial

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mixed use two to commercial mixed use three the proposed zoning would not require ground

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floor commercial space and would allow additional units beyond what the current zoning permits

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the city planning commission recommends the board grant the proposed use variants from the commercial

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ground floor requirements in the zoning code and the dimensional variance to allow three

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dwelling units.

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Excuse me, Chair.

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I'm sorry to interrupt, but it was one more person that wanted to testify.

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Sure.

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Thank you.

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And, Miss, you can put the other person on.

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Yeah.

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Hello, this is...

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Could you state your name, please, and spell for the court stenographer?

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Name's Cleveland English.

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C-L-E-V-E-L-A-N-D, English, E-N-G-L-I-S-H.

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Right.

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

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I do.

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Are you a neighbor?

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Yes.

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Are you for or against the project?

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I live at 6101 Market Street and against it.

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Okay.

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Do you have any other reasons other than what's already been stated?

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Yeah. Yes. He says he couldn't rent the place and he had it rented out as a barbershop. And then after that, someone was just living in the place. It wasn't a barbershop anymore.

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So all we want is a business deal that doesn't matter what kind we want.

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When you stop in that block, you know that there will be different types of business and you don't have to change everything to keep a business district business.

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Just like in Chinatown, they don't want nothing changed down there, but they want to come in our neighborhood and change everything.

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Okay, well, we're just going to concentrate on the property, sir.

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Yeah, well, that's all I'm concentrating on.

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We don't want it.

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And if you already said that we did, definitely is not in communication with this neighborhood here.

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Okay, thank you very much for taking the time to call in.

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Mr. Nockmson, do you want to respond to that real quick, or are you okay?

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No, I think the Planning Commission's recommendation actually speaks volumes that this is proposed to be a CMX3 property, which would allow our use as a break.

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All right. So we've had a lot of testimony on this. What I'd like to really do is next Wednesday, vote at 2 p.m. on Wednesday. I want to take some time and talk to the group in an executive session about where we want to stand with this. Okay?

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Thank you.

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Thank you.

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Mr. Chair, this is Hillary. We do not have hearings.

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Yep. Yeah, we hear, yes. But we do not have hearings next week. So this would be voted Wednesday, September 13th at 2 p.m. Yes.

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Thank you. Thank you very much. Okay. Number four, MI-2023-002-233-9218 Frankfurt Avenue. David Orfanides is the attorney. Recommendation of non-opposition from the Upper Holmesburg Civic Association with a proviso.

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Order Proviso.

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Councilman Drish.

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Councilman Driscoll is also in non-opposition with Proviso.

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You're coming back in as a panelist, sir.

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Hi, Mr. Orphanides.

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Could you state your name, please, and spell for the court stenographer?

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Certainly.

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Good afternoon, Mr. Chairman.

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David Orphanides, last name is spelled O-R-P-H-A-N-I-D-E-S.

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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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Would you identify your client, the relationship to the property?

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Certainly.

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My client is the owner of the property, Pozell Partnership 2 LLC.

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Okay.

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And our vice chair has just a quick question, sir.

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Certainly.

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Good afternoon, counsel.

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

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Good afternoon, Mr. Shaheed.

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I do, and I do.

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Have you emailed in all the required documents and exhibits that are needed and required to proceed with this case five days in advance of this hearing?

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Yes, I did, Mr. Shahid.

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Thank you. Please proceed and share your screen.

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Thank you.

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Let's share.

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All right. It's confirming you can see my screen?

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We can, sir.

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All right. Great.

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So, again, my name is David Orfanides. I'm here on behalf of the Zelle Partnership 2 LLC, which is the current owner of the property, 9218 Frankfurt Avenue. You see a photograph of it up in front of you.

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um my client again is the owner of the property as you can see from the photograph which i took

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of the property from frankfurt avenue uh the property was available for lease um it was last

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occupied in uh march of 22 by citizens bank uh it has been vacant since that time my client has

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attempted to, is advertised, tempted to lease the property for uses that are permitted at the

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subject property based upon its zoning classification. I have a copy of a flyer

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that they have circulated to their network of regional brokers. They also advertised digitally

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on costar and loop net and um other than i think uh and i have somebody um from the uh from the

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client from the owner here um who can confirm my statements is that other than one or two smoke

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shops or convenience stores that look toward the property but it never went any further

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they had no interest in the property for a permitted use um that we have a tenant uh we

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have a lease that's signed. It's contingent upon the zoning, and that is religious assembly use.

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It's the Philadelphia Temple of the International Central Gospel Church. They're presently operating

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up on Grand Avenue at 1840 Grand Avenue. I have photos of that, and they wish to lease this

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property for more space than what they presently have for their church. It is not a use that's

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permitted. The property, interestingly enough, is zone CA1. That is, and I'll show you with the

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zoning map, that is a commercial area shopping center zoning district. You'll see from the

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aerials and the photos that there is a bit of a strip group of retail stores and operations

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to the left of the property here, but this isn't a shopping center parcel. I mean, it's really,

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And when you take a look at the photos of what's across the street, we're in zone CMX2.

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It's more of a local business type of property and where this use would be permitted.

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But again, it's zoning classified CA1.

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We do, as mentioned, you stated we have a letter of non-opposition from Councilman Driscoll.

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Here is a copy of that.

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It's at tab one.

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And then we have a letter of non-opposition from UHCA, the Upper Holmesburg Civic Association, dated August 23rd, 2023. Councilman Driscoll's office is also dated August 23rd, 2023.

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um they uh the community group well we had a meeting a community group meeting uh and just

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so you know originally there was a different community group um the northeast community council

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community alliance um northeast community civic alliance was originally identified

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