civus
Hearing video

ZBA Hearing - April 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 27, 20213h 0m

i don't i don't have it in my email i'm not able to look at it i'm not able to evaluate it and i've

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and i've asked for this literally for the last three weeks i've asked her to give me what her

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concerns are what her issues are if there's any provisos if there's any community benefits

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agreement we could work out we wanted to sit down and work this out but sending sending the board

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something 20 minutes before this hearing starts and not even sending me a copy of it when when

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she says that she has another letter that is that is the correct letter i'm not able i don't know

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what um what she wants me to do with this but i'm not able to come to any kind of a of a of a

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negotiation at this moment um the the other rco gave their gave their vote of support for a triplex

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without any of um conditions she sent me uh ms russell sent me an email on april 21st of full

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support for a triplex she's now saying that her position is different and gives me that position

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20 minutes before this hearing starts and that's why i said that's not that just doesn't um that

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doesn't comport with with a fair process um and um that's why uh while we want to work very closely

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with her rco and the other rco and we are committed to we committed to go to another meeting later

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this week mr masters we got you not to interrupt we got it yep all right

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is there anyone else here in this matter can i say one last thing please is that we

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yes we have a kiana i muted you for a reason thank you thank you we have kiana

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jason can you unmute him kiana it's just been unmuted man kiana you uh please identify yourself

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for the record? Yes, good afternoon or morning rather. My name is Kiana Shedrick. I'm a resident

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of the neighborhood. I live two blocks over. My name is Q-I-A-N-A, last name Shedrick, S-H-E-D-R-I-C-K.

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Thank you. You swore and affirmed to tell the truth, the whole truth for nothing but the truth?

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That is correct. Thank you. Please proceed. Yes, so I am a resident of the neighborhood and I was

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actually present on the day of the meeting. And so I just wanted to offer a few short points

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in regards to this case. I actually live in the neighborhood and walking distance of the subject

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lot. I do community cleanups in the neighborhood, just had one this weekend and actually clean near

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that lot. So I wanted to offer a few things. One being, regardless of how the pictures show,

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It is a commercial corridor. It's a bus route. And so there's traffic there frequently. So

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whereas it does bring density, it certainly wouldn't overpopulate the block. And as you can

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see, it's empty. So to revive the block would definitely be a positive thing. There is other

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proposed development coming on that block. And the developer did mention the church that's

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currently there and they're currently going um undergoing minor renovations as well so um it's a

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it's a construct construction is it's forthcoming on that block um and it's going to be a positive

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thing um it'll fill in the space so just to move on um from the developers um comments during the

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meeting they seem to be um in tune with the needs of the neighborhood in regards to the trash aspect

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and spoke up with some suggestions and positive ways to be an asset to the block and so I'm

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looking forward to that happening and I wanted to speak that up for the record because it was

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mentioned on the call and just wanted to thank you for giving community members an opportunity to

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be heard during the meeting members were muted and even though our votes were taken we weren't

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able to come forth with our opinions just because we didn't live on the block. And as you can see,

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um come forth with our opinions just because we didn't live on the block and as you can see

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it is boarding homes it is empty so if i live a block over and i walk there i should be able to

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have input um so just thank you for allowing that to to take place um and uh also i just wanted to

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note it for the record that an actual um property owner of the block was not allowed to vote during

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in the meeting. So again, just thank you for allowing community voices to be heard, whether

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they're for or whether they're against, just making the forum open. So thank you. Thank you.

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Thank you. Anyone else?

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Mr. Chair, we have Ms. Sheila Howard. I will allow her to speak right now. Thank you.

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yes good morning good morning can you please identify yourself for the record please

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name and address howard s-h-e-i-l-a last name h-o-w-a-r-d

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i just wanted to you sort of firm to tell the truth the whole truth and nothing but the truth

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I'm sorry. Yes, I do. Thank you. Please proceed. I just wanted to say I attended the last RCO meeting held and I did participate in the vote. It was a unanimous yes vote. And that vote did not entail anything about a reduction in the size of the units.

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So we voted on a triplex.

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It included the provision with the trash receptacle in the front.

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And I concur with the previous testimony that one of the residents of the block was asked to leave before the vote was taken, although he is a resident on the block.

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And I questioned that action and was told that the RCO determines who can do whatever.

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So I wanted to go on the record for that.

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And the church, which is Eagle Swings Ministries, which is pastored by Pastor Lola, she actually invited me to the call.

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And again, I live a block away, but I'm very active in the community.

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And so we are very much in support of more development on that block, a lot of vacant lots. We encourage the comeback of 17th Street. It is really important. And I just wanted to go on record as being one in support and a part of a unanimous vote. Yes.

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Thank you. Anyone else?

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No further hands at this time.

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Thank you. Does the board have any questions? No.

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Planning Commission? No. Thank you.

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I'm Paula Brumblow-Burns with the Planning Commission.

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I first want to address a comment that was made by the attorney.

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If you want to file a complaint against an RCO, you need

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to contact the RCO coordinator for the proper action and not necessarily harp or break keep

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bringing it up here the complaint needs to go through the planning commission not through

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the zoning board and our recommendation is the property is indicated for residential use on the

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city plan the north district plan recommended that this block be zoned rm1 given the plan

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recommendation we recommended that the requested variances be granted thank you okay

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Calendar number MI 2020-002709-3410.

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Excuse me, Mr. Paulson, I'm sorry to interrupt, but I'm afraid that I gave you the wrong information.

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The trash enclosure is shown on the revised plans.

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Thank you.

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Thank you.

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MI 2020-002709-3410, North 17th Street.

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my vote is yes with proviso revised plans three pages approved today my vote is yes with proviso

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yes with proviso yes with proviso good luck thank you very much members of the board thank you okay

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let's see bear with me one second

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All right.

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Okay.

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The final items on today's agendas are read MI 2021-00086.

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2021-000875. Also MI 2020-000876 and MI 2021-000904. It is 198 San Mayor Lane, right? Or

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It's both properties.

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It's 10090.

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Thank you.

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Is that it?

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Okay.

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These are an appeal

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against L&I.

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So we will ask

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all the attorneys for all parties

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including the city, please raise

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your hands and so that you can be promoted to panelists uh when called up please identify

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yourself and your clients for the record okay i want to also remind every uh every party involved

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that this is an appeal against l and i and uh stick to uh you know all your points be

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make sure it's uh it's to the appeal against l and i okay i uh we will we will allow

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mr plaus if i could suggest that each um attorney put their name on the record

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and um identify who they represent and also be sworn in yes okay who's up first

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First, David Orfanides from Orfanides and Toner. Paul Toner is also here with me, my partner. We represent the Busselton Civic League.

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Thank you, Mr. Orfanides. Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do. And then also, please, Mr. Toner as well.

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I do as well.

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Thank you.

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Next. Good morning, members of the board. My name is Joseph Cattuzzi of Stradley Ronan. I represent

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Sandmeyer Steel Company. Thank you. And do you swear on a firm to tell the truth, the whole truth,

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for nothing but the truth? Yes, I do. Thank you. Mr. Primavera, I believe you are up. Yes. Good

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morning. Carl Primavera. I'm representing Relteva LLC and its affiliate, Commercial Development

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Corporation, which is the owner of the property, and a tenant, UPS, and with me, who will be

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operating any technology, is my colleague, Stephanie Gray, as well. Thank you. And do you

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swear on the firm to tell the truth, the whole truth, for nothing but the truth? I do. Thank you.

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And now, I believe Mr. Reuter, and if he could identify the other attorneys from the law

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department who will be appearing in this matter yes thank you uh good morning members of the board

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leonard f reuter uh reuter senior attorney representing the uh city of philadelphia

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through the department of licenses and inspections i'm joined by my colleagues

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today maggie white uh who is here as a panelist and also elizabeth okapu who i do not see as a

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panelists so if you could promote her um we have two witnesses but i guess you don't real quick do

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you run a firm to tell the truth the whole truth and nothing but the truth i do thank you please

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proceed um and we do have uh two potential witnesses i believe um miss aleta may explain

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how we're going to go forward in this particular case today so um at the appropriate time i think

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that they can be sworn in at the point um okay okay i believe that we're beginning today with

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each an attorney for each party um summarizing very brief summary limited to five minutes

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of the points that you will be making summarize your arguments um we'll then move on to um a bit

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out of order mr reuter will be um presenting the city's case with regard to he'll be presenting

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the materials that were submitted to the examiner and he will be calling Ms. Chelle de Hall, the

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examiner, to testify. The other parties will then have an opportunity to cross-examine her

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and we'll go on from there to see what happens after that, whether we have additional time left.

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Thank you.

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um before we proceed i do not see shelly she was signed on earlier

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okay um i will try to reach her and

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Okay. I will try to reach her and make sure she gets back on.

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Because I did not know that she was not here because when we were, if you're not a panelist, you cannot see who the participants or the attendees are.

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So I would have contacted her.

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I'm sorry.

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I did check earlier.

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She was signed on.

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I promoted her to panelists, but I'm not sure what had happened.

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uh okay let me uh all right since each party will be given five minutes um mr orphanetes or

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mr toner which of you will be if one of you could start and then mr katuzzi i'll get started

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um good morning members of the board uh david orphanetes again for the greater bus specifically

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League. We are here on case – our particular appeal is HA-2021-000899, MI-2021-00065.

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We filed two appeals of two permits. One was Zoning Permit 2020-010545. The other one was

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zoning permit 2020-000653. My understanding is that both of those appeals are consolidated into

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our single appeal number and meeting ID case number. Again, I am here, or we are here,

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partner Paul Turner and I are here on behalf of the Greater Busselton Civic League. The Greater

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Busselton Civic League is a Pennsylvania nonprofit corporation with a registered business address

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of 9980 Haldeman Avenue in Philadelphia, Pennsylvania, 19115. The Greater Busselton

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Civic League is a registered community organization in accordance with Title 14,

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Section 1430311A of the Zoning Code. And per their – both their bylaws and the information

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that's been provided and approved to the Planning Commission, their border runs to the south side

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of Red Lion Road, which is directly across from the main property involved here, which

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is 1 Red Lion Road.

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Their constituents and their residents and their members live to the south, directly

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across the street to the south of the subject property.

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Along Red Lion Road, there are boundaries, I believe, run from the border with Montgomery

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Avenue over to Roosevelt Boulevard.

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um it's our position that uh you'll hear our argument you know in my opening and then our

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presentation of our case throughout the hearings in this matter that there are a significant number

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of members residents uh constituents of the greater busselton civic league that own property

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live work uh across the street from in close proximity to the subject premises and there

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they will be negatively impacted seriously materially by the proposed development of the

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subject property as approved. Excuse me, Mr. Irfanides, I'm sorry to interrupt, but rather

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than going into the standing arguments, you have three more minutes to summarize all of the

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substantive arguments. Not a problem. Thank you. Not a problem. I wanted to establish that part of

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it. So there, you know, our case is set forth in great detail in the appeals that were filed with

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the board. I'd ask that the board take the time to read them at some point if they have not already

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done so, because I can't get through it all in five minutes. But essentially, our position is

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that the applicants did not properly identify the proposal in their application. Their plans

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are defective. They did not completely follow the CDR process as required by the code.

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this project did have to go through cdr that part of the process of the permitting process was

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defective and in the end what was approved this property is zoned i2 and what was approved was

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not an i2 permitted use for either either of the two properties one red lion road or uh 198 sand

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Meyer Lane. The use is a use that is not permitted. You will hear it's not permitted in I-2.

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Fortunately, the examiner probably wouldn't have been able to figure that out from the materials

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that were submitted to her. And as a result, it's our position that, first of all, this permit

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should not have been, neither permit should have been granted by right by the Department of Licenses

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and Inspections. And in addition, it's our position that given the location of the subject

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property and the property surrounding it, this property is improperly zoned as an I2

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classified property, particularly if a use such as what is presently proposed and has been approved.

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particularly if a use such as what is presently proposed and has been approved by these permits

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is to be permitted at this property. And obviously that is a very, very brief synopsis of what our

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case is. Thank you. Mr. Cattuzzi. Good morning again, members of the board. My name is Joseph

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I represent Sandmeyer Steel Company. And briefly in five minutes, what we have here is Sandmeyer

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Steel is appealing the same zoning permits that Mr. Orphan-ED has described. To provide in a

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nutshell what's happening is we have a site and a project that's located along Redline Road. It's

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up in the far northeast district of Philadelphia, pretty much against the border of Philadelphia

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and Montgomery County. And we have two lots. You have on the one hand this one Redline Road lot.

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It's a large swath of land.

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It's nearly 130 acres inside, and it is located and sits directly on Redline Road.

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The road goes out into Montgomery County and down to Philadelphia.

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And then on the other hand, we have 198 Sam Meyer Lane.

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That sits at the end of the bulb of a cul-de-sac that goes up and around and behind the one

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Redline Road parcel.

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In comparison, it's substantially smaller.

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It's about one acre, 1.3 acres, 1.4 acres in size.

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So nearly 100 times smaller than one red line road.

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Sandmeyer Steel Company is located at the base of that cul-de-sac that the 198 Sandmeyer Lane property is located.

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Sandmeyer Steel has been there since the foundation, since the inception of the Sandmeyer Lane cul-de-sac.

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It has seen the development and the growth of the Sandmeyer Lane cul-de-sac, as well as the changes in the community over time.

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So again, we're appealing two permits.

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