civus
Hearing video

ZBA Hearing - September 1, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 1, 20215h 11m

I can't see my screen, so I can't tell you the date, but I'll identify it when I bring up my share my screen.

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this hearing?

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Yes, I do.

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Yes, I did. Thank you. Have you met with the RCO and have a letter?

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We did have a first meeting and I do have a letter.

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I'll address that.

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We're going to meet again before the end of the month.

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Thank you. Please proceed.

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Thank you very much. I'll share my screen at this time.

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It's good to share.

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All right. Can we confirm that my screen is being shared?

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Yes. Thank you. Mr. Chairman, members of the board, I've submitted my typical exhibit packet, which includes the notice of refusal.

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I would point out that the amended refusal or revised refusal was dated 8-12 of 2021.

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The original refusal, as you can see, was dated 12-4 of 2020.

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Due to a miscommunication, that application called for this use in building number two only.

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It was discovered thereafter that it was for buildings one and two, which was presented to the RCO.

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However, they did not take a vote because they wanted to see the amended refusal to be sure they were voting on the right application.

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So we did meet with them on July 14th and we will meet with them before the end of the month.

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So we agreed that we would proceed today and possibly either keep the record open for their letter or give it a resumption date, hopefully by October 6th, at which time we can just submit the letter and the board could vote the case.

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So in any event, my exhibit packet includes the notice of refusal, both of them, the original and the amended.

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It's an application for a moving and storage facility in existing buildings one and two.

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The use is prohibited in RM2. That was the only refusal, and accordingly, we seek a use variance.

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A2 is the application of appeal. A3, project information form. A4 is proof of ownership.

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A5 is proof of tax clearance, which only showed through 2020 since this matter was listed at a prior date.

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However, we do have a copy of the recent tax payment to satisfy 2021 taxes paid on 828 in the amount of $353.

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So I submit that we are tax compliant.

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I'm sorry.

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We have a site plan.

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We have photographs, my RCO meeting notice and certificate of mailing.

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I do have RCO letter from Somerton Civic.

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It's not in my packet, but it's separate.

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I did email a copy to the board, as did Mr. Bordelon, president of Somerton Civic.

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I was copied on that email as well.

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I have not heard from Councilman O'Neill's office.

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I don't know if Alice is on the line, but again, I just haven't heard from him.

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A10, if we do have a letter or comments from the councilman, I would ask that that be marked as A10.

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A-11 is the relevant zoning history. There was only one use at this property on file.

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Pre-1946, it was premier porch enclosure, which is

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Pre-1946, it was Premier Porch Enclosure, which is a millwork and manufacturing company.

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They were there from pre-1946 up until about 2018 when they, I'm not sure if they went out of business or if they just relocated out of the city.

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My client bought the property shortly after that.

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A-12 is the zoning map and A-13 are the aerial photographs.

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So very quickly, we have the refusal.

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We have the application of appeal, project information form, full copy of the deed, tax clearance.

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Again, the latest printout only had it cleared through 2020, but 2021 has since been paid.

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With regard to the site map, it's an almost triangular-shaped property on Bybury Road, just east of Philmont Avenue at the upper outer edge of the city of Philadelphia.

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There are two buildings on site.

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One building runs parallel with Bybury Road, that is building one.

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Building two runs perpendicular to Bybury Road, and they are all storage garages.

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This was a warehouse in Newark, and these were storage garages in building number two, all proposed for the present and existing use as a moving and storage company.

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So with regard to the photographs, as you can see, this is Bybury Road running along the bottom.

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Here's building one. Building number two runs, again, perpendicular to Bybury Road.

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To the left and right and across the street, there are multifamily condominiums and apartments.

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Again, this is a shot from the rear.

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As you can see, there's a large parking lot in the rear of the building.

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It's adjacent to the SEPTA regional rail tracks.

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And then real quickly, the front of the building along Bybury.

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Again, this is building number two, the perpendicular storage building.

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Another shot of that.

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This is the lunchroom and dispatch office.

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And again, you'll just see it's a storage of household items

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being ready to be moved to a new location.

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Very shots.

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And again, here's a shot of a moving van that would

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back into the building and it would be loaded and taken to the new location.

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Byberry Road looking eastbound.

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Byberry Road looking westbound towards Philmont Avenue.

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Our meeting notice, the meeting was held on July the 14th, included a copy of the original refusal, and then it went out to, as you can see, numerous addresses due to the fact that most of them are condominiums.

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239 mailings in all were sent out.

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Aerial photographs, Philmont Avenue at the upper extent,

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the regional rail lines crossing through the center

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and the red dot indicating the site.

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Photograph, I mean, a zoning map, it's zoned RM2.

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At the RCO meeting, basically, we gave them the full presentation

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location. This is a copy of my summary form that was handed out to the 120 plus people that showed

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up. We did indicate it was building number one and two. It's a use variance only. We described

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the location, the previous use, indicated that it's a non-conforming industrial building which

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cannot reasonably use as multifamily dwellings. It's a family-owned business. I have one of the

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owners here in my office with me. She's not on the call separately. I will move my camera to

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identify her so she can verify and adopt. But they specialize in long-haul moving and storage,

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no commercial or industrial moving. It's all household items, furniture stored until the

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new home is ready for delivery. There's ample off-street parking, as you can see in the

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photographs, 10 to 12 full-time employees. And the days and hours of operation are basically during

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the week, 6 a.m. to 7 p.m., occasionally on a Saturday, and they are closed on Sundays.

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uh somerton did submit this letter a copy has been provided to the board

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um i i can summarize it very quickly uh basically the same thing that i said

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we made a presentation in detail about the application uh but they agreed to

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have the board hold its vote pending a formal vote by the uh somerton civic once the uh the

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meeting is scheduled and they are presented with a copy of you know another mailing uh with a copy

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of the amended refusal and uh they would then uh make their vote and notify the board so if

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the board has no questions of me i'll identify my witness and have her verify and adopt

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my representations mr ward if we hold this uh do we have any idea when this next

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my representations mr ward if we hold this uh do we have any idea when this next meeting

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will be i've been assured it'd be before the end of the month and that uh they'd have their

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letter ready by october 6th all right get your client on and um okay i'm gonna have to stop

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screen sharing i'm sorry chair this is tanya sunk at the administrator may i ask a question

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yeah mr ward yes ma'am i i missed a little bit about your explanation of the tax balance

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did you say as of today it was paid up uh hang on tanya i'll bring that back up um where to go

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um the where is it uh when i did my printout from uh the revenue department it showed a balance of

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$353.93 for 2021. There's no liens, but there was a small balance due. And the owner of the

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property made payment through the city's revenue portal and paid that amount on 828. And this is

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a copy of the receipt saying that that payment was made for $353. Perfect. Thank you very kindly,

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mr wart you're welcome thank you and you'll get your client on

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okay uh with me today is leora israel that's l-i-o-r-a uh first name last name israel i-s-r-a-e-i-l

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she is the cfo and partner of uh pro tri-state movers llc so i would ask that she be sworn in

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ma'am do you swear for them to tell the truth the whole truth nothing but the truth

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Yes. Thank you, Mr. Ward. Okay, Leora, you've heard my representations to the board today?

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Yes. Are they true and correct, to the best of your knowledge and information and belief?

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Yes. And you adopt them as your own testimony? Yes. Thank you. And for the record, I also have

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in the room to the right of Leora Israel is the principal of Strategic Vantage LP,

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uh furcat kuzinov f-u-r-k-a-t furcat last name kuzinov k-h-u-s-e-n-o-v uh just in the event

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the board has any questions for the property on questions from the board no mr chairman no

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anyone else would like to testify in this case if so please raise your hand

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no answer this time mr chair thank you planning commission

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this is uh ron bednar city planning that's r-o-n-b-e-d-n-a-r you swear for him to tell

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the truth the whole truth nothing but the truth i do please proceed

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well this property is currently indicated for residential use on the city plan given

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in its documented history,

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we recommended the request of variance be granted.

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Thank you.

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All right, Mr. Chairman, so I defer to the board.

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I don't know if you want to schedule a resumption date

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or if you just want to leave the record open

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for Somerton's letter, again, they've indicated

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that they will hold that second meeting

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before the end of the month,

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probably the second or third week,

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I mean the third or fourth week of the month

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and that we could have that letter submitted

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by on or before the first Wednesday of October.

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Can we just hold this like that or do we have to share?

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I would respectfully request that we do a resumption just so that everybody involved can have the discussion.

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And then on September 26, if that's agreeable at three thirty, we can just allow a letter to be read into the record.

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yeah okay i thought you would say that just want to double check what what date was that

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december the 26th at 3 30 p.m uh september 20 i'm sorry september december listen to me

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september 22nd or 26 26 isn't that a yes sunday no mr ward the 22nd does that work with your

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meeting schedule uh they said that they would meet before the end of the month so if if they can't

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get it by the 22nd we might have a probably on the safe side maybe could we do something later

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tanya later in the month or beginning of october

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i mean october 20 i mean september 29th would be fine i think because they generally meet on

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monday nights so if we were to meet on the 27th i'm sure we can get a letter in before

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uh you know on tuesday and then have it ready for the board on wednesday

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okay we can do the 29th

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anytime anytime's fine tanya it doesn't matter okay so it's not your typical

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it doesn't matter okay so it's not your typical no we can still do 330 we can still do 330 ed

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no we can still do 330 we can still do three

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on september 29th okay awesome thank you all right thank you all right mi2020-003259

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250 by berry road this case will be resumed on september the 29th at 3 30 p.m at which time

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the board will consider any feedback related to the rco's position thank you very much i got the

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next i got the next case but i want to excuse my clients real quick if i could yeah i'm sorry

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chair could we just clarify that that is just to have a letter read into the record well i use

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feedback because that's what i would all right at which time the board will review any letter

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related to the rco's position thank you just to confirm that because we have gotten quite a few

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complaints about people not being able to speak at a resumption just for a letter okay understood

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thank you all right uh as mr ward is um concluding his business with his previous client mi 2020

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that's 003-249-3460-J

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like in the letter J as in John Street

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there is a letter from Impact CDC of support

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and Mr. Ward is back on

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I am back thank you

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Sean Ward on behalf of the applicant

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my address is 331 East Street Road

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Trevos PA 19053

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And you're still under oath, and Mr. Plaza has questions for you.

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Mr. Ward, you agree to waive the reading of its refusal and stipulate to attack IRC?

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Yes, I do.

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal, or referral, photos, and plans five days prior to this hearing?

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Yes, twice.

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Have you met with the RCO and have a letter?

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Yes, I do.

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okay thank you please proceed okay let me go to

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all right mr chairman can everybody see my screen

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yes very good uh i've submitted my typical exhibit packet

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uh i represent 3450 j street llc also on the uh zoom call today is george groves

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representative of 3450 J Street LLC, and Ian Smith, who is the design professional

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on this project. This was an application for the erection of a one-story addition,

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which would be a six-floor penthouse above the existing fifth floor, and the erection of an

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accessory roof deck resulted in four refusals. One is for the use. A new dwelling unit is prohibited

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in I-2. I would point out that the board previously granted a variance for the erection of this new

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building at J Street in Tioga. So we're looking to add one additional residential dwelling to this

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project. The addition of that one unit requires one parking space, which obviously no parking

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spaces are provided. We have a rear yard refusal, nine feet is required, whereas zero is proposed,

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but we can address that and the maximum height 60 feet is permitted versus 67 proposed accordingly

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we seek a variance we have the a2 is the zba application a3 project information form a4 proof

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of ownership a5 tax clearance a6 site plan a7 or photographs a8 is the rco meeting notice and

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certificate of mailing. A-9 is Impact CDC's RCO letter. I don't know if the council person

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submitted a letter or if they are on the call today. That's Councilwoman Sanchez's office.

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A-11, as far as the relevant zoning history, January of 2017, it was for the erection of an

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attached structure 60 feet high with 18 dwelling units. July of 2019, it was the relocation of

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lot lines to create two lots from one lot, 3450 and 3460 J Street.

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October of 2019, a permit was issued for 24 dwelling units and vacant commercial space at

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the first floor of this building. January of 21, a daycare center, first floor and basement

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permit was granted. And May of 2021, we provided a unity of use application for 3450 and 3460

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60 J Street, and that included 1046 East Tioga Street, and that was to address a

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and that included 1046 East Tioga Street, and that was to address a Board of Building Standards

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variance request. It had no change in the current or present or proposed uses of the property.

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So A12 is the zoning map and A13 are the photographs, I mean the aerial photographs.

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So again, we have the notice of refusal, the application of appeal, project information form,

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my transmittal letter, copy of the deed.

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And this was the plan attached to the deed, I'm sorry.

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