civus
Hearing video

ZBA Hearing - January 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 20, 20215h 3m

but we got a large sense of opposition from the coordinating RCO neighbors that live on

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Manioc Avenue. The neighbor right behind us that fronts on Manioc Ave has windows in the side.

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They did not want us to build any closer than we were. They also didn't want another home

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connecting to Manioc Ave that close to the bridge because as you look across the bridge,

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there's another home that has a connection on both streets. There's the front door on Manioc Ave,

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and then they also have the garages and the space down bottom. So we were looking to do something

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similar, which is what Roxborough Civic had suggested. But the coordinating RCO, all the

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neighbors for the homes for the Manioc Ave homes right behind us had came out and did not want that.

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So that's why Hank says that left us between a rock and a hard place. So we can keep going back,

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but I'm still going to have neighbors behind us that don't want us to do that.

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Madam Chairman, could I ask that this is continued? I have concern.

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On behalf of our civic, could I ask that this is continued?

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I have concerns that are neighboring civic concerns on the steep slope.

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You know, we weren't heard enough from them, and I don't want any issues going forward on this project.

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I don't know if I'm willing to do a resumption hearing.

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Can the attorney weigh in on this?

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uh it's the attorney meaning sharon saletta oh okay the you mean the attorney the attorney

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right um this this is really the board's call whether to have a resumption hearing to allow

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further conversation um if you decide not to do that i would suggest that you hold the vote for

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week and voted after next week's executive session. Perhaps we can perhaps Madam Chairman

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Celeste, Joe and I and Rustin can have a conversation and within the next three, four days

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see if we can come to some resolution. If we can't we send a letter to you and tell you.

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Okay. Can I ask what Celeste Harding's position on this continuance is please?

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um we're i'm going to say that calendar number 0853 231 shares lane is going to be held for one

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week and you all may be able to get together and come to some sort of resolution but the case will

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be voted in one week okay and can i say um the record will be closed which would not preclude

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you from submitting a letter requesting a resumption hearing because you believe that

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there could be productive conversations with the RCO but as of now the record is closed and it will

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be voted next week. Thank you very much. Thank you. Thank you. Thank you, Madam Chair and members of

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the board sure calendar number zero two three nine twenty three forty nine north 20th street

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Is there anyone here on 2349 North 20th Street?

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Excuse me, this is Sharon Saleta.

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I have this case as withdrawn.

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Okay, and I have it as no exhibits.

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So 2349 North 20th Street, calendar number 0239 is withdrawn.

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And I apologize for that.

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I believe the request to withdraw didn't come in until today.

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that's okay calendar number zero zero two two three thousand one kensington avenue

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is there anyone here on this case it was listed before on october 14th there are also no exhibits

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calendar number zero zero two two three thousand one kensington avenue this case is dismissed

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calendar number zero two four six one north 16th street

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yes

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zen are you there oh hello um name and address for the record

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yes zen jin uh 16 7 z-h-e-n-j-i-n 1617 john f kennedy boulevard suite 1838 philadelphia pa

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19103 here on behalf of the applicant you've already been sworn in do you agree to waive

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the reading of the refusal and stipulate to its accuracy. I will agree to the reading of the

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referral and stipulate to its accuracy. Okay, I stand corrected. Have you emailed the exhibit

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packet with proof of ownership, tax compliance, refusal, referral, photos, plans, five days in

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advance of this hearing, and have you met with the RCO and have a letter? Yes, to all questions.

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Thank you. You may proceed. Thank you. This is an application I will share with the board the

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documentation first so it's easier to see. This is a referral that was for a takeout restaurant

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for a takeout restaurant in a zoning district that otherwise permits such use CMX2 commercial

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in a zoning district that permits otherwise permit

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district with no special overlay. As a special exception of course my client needs to establish

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that this would not cause a hardship beyond what is normally expected of such use. In this case

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the community is in support of the application. This is going to be in a portion of a building

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in the back half of what is an existing grocery store. And this will be a restaurant, basic

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American style and some, I don't want to say Spanish style foods for takeout. The operating

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hours will be approximately 7am to 9pm each day, seven days a week. My client expects to have maybe

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four to five employees at the location. The community likes the grocery store, which they

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also operate. Compliments are given on the cleanliness. So the one issue that normally

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is part of a restaurant use is going to be a non-issue because my client is someone who is

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good on trash and maintaining cleanliness of the property. So as a result, we have support from

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the community. And I believe without any further issues of trash and other items, my client would

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meet the requirements for a special exception and we would ask for the board's favorable

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ruling in this matter. I'm also going to just share the photos real quick. This is the back

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half of the space as you can see the posters were placed. This has not been renovated yet

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so please bear with me on the condition of the property but this will be fully renovated

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and fit it out as a restaurant based on the plans.

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So as you can see, the space does need work

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and my client will have everything ready to go.

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And this half here is the existing grocery,

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which is the front half that is already in operation

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and is well-liked by the neighborhood.

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The layout is shown right here.

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It is a simple takeout style restaurant

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with some bench ceiling and some table seating available,

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but primarily the business expect to be serving customers over the counter for takeout.

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Okay. And you've met with the RCO?

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Yes. The letter from Nicetown Tioga team is attached.

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Now, my client should be here with us, McGill.

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I don't know if he is able to confirm my testimony.

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Is anyone raising their hand?

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Yes.

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Miguel, I think you may have two devices active. Can you make sure only one is on? Otherwise,

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it'll echo badly. Okay. Yes. Can you hear me now? Yes. Thank you. Yes. Sir,

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can you put your name and address on the record? Yes. My name is Miguel Peralta Rodriguez.

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So, 522 Aspen Road, Cheltenham, Pennsylvania, 1912.

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Excuse me, can you spell your last name for me, please?

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Peralta is my last name.

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My two last names are Rodriguez.

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Peralta Rodriguez.

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Yes.

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P-E-R-A-L-T-A.

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I'm sorry.

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Yeah.

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P-E-R-A-L-T-A.

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Yeah.

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

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Yes.

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okay thank you um mr peralta you heard my testimony before the board and my representations

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can you verify that they're true and correct and adopted as your own yes i do thank you

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thank you does the board have any questions no planning commission

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good afternoon chairwoman members of the board ian litwin planning commission staff

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This property is indicated for commercial mixed use in the comprehensive plan.

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The proposed special exception meets the criteria for approval in the zoning code,

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and therefore Planning Commission staff has no opposition to granting a special exception.

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Thank you.

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Calendar number 0246-3401 North 16th Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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Thank you.

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Have a good evening.

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Thank you.

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Thank you very much.

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Calendar number 2496-4055 Richmond Street.

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We're waiting for Sean Ward.

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good afternoon madam chair members of the board sean ward on behalf of the applicant

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Good afternoon, Madam Chair.

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hi can you put your name and address on the record and then i'll swear you in

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no you're already sworn in just name and address yes john ward 331 east street road trevos pennsylvania

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19053 okay do you agree to wave and stip yes i do and have you emailed the exhibit packet with

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proof of ownership tax compliance refusal referral photos and or plans of the property five days in

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advance of this hearing and have you met with the rco and do you have a letter yes yes and yes

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thank you you may proceed

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okay we see my screen yes awesome uh madam chair i've had i've submitted my typical exhibit packet

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I am here on behalf of KTV, LLC, the owner of the property, and Woodstock Power Company, the proposed tenant at 4055 Richmond Street.

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In my exhibit packet, I have A1 as the ZBA application, A2, the notice of refusal.

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This is the permit for warehouse and storage in an existing building and yard.

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It was refused due to the Northeast Overlay District.

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The property is zoned ICMX, which would permit the proposed use.

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but we need a use variance from the northeast overlay district a3 is the zoning application

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a4 project information form a5 proof of ownership a6 tax compliance a7 is the site plan a8 are

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photographs hosting subject property and street views we have two letters of support one is from

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the 45th ward democrat rco and the other is from the port richmond on patrol and civic other known

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as otherwise known as PROPAC.

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If the council person, it's Bobby Heenan, so he doesn't submit letters,

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but if it was or if there is, I would ask that to be marked A11.

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We have Robin's zoning history.

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The last permit on file was for a warehouse and storage for a plumbing

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and heating company.

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Its most recent use from the photographs is a transportation company

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with yellow school buses and other types of private transportation.

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87 was a truck and trailer repair, auto body, fender, warehouse and storage.

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78, a private parking lot.

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77, again, truck and trailer, storage and leasing.

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69, truck repair and storage garage.

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68, garage and repair shop.

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And back in 1941, it was an auto sales lot.

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A13 and 14 are the zoning map and aerial photographs.

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So very quickly, we have the application of appeal.

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We have the notice of refusal.

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I stand corrected. It's ICMX. Yeah, ICMX. I might have said IRMX. It's ICMX.

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Now, I would point out that prior to this, it was zoned least restrictive industrial due to the remapping.

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I believe in 2012, possibly, it was remapped ICMX.

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And then most recently, the Northeast Overlay District regulations were adopted to preserve industrial and manufacturing parcels and properties.

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So then we have the project information form, a copy of KTV's deed, tax compliance, as you can see, taxes are due for 21.

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They're not due until March.

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It's just more or less a square-shaped building on the lot.

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We have the posting.

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Hold on a second.

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Okay.

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As you can see, the structure is a warehouse.

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It's got bay doors along Lewis Street.

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It's got bay doors on the interior of the lot.

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An aerial photograph.

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So it's a large lot consisting of 20, 40, 11 to 55 Richmond Street.

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Again, another aerial.

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This is Richmond Street facing north.

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Richmond Street facing south.

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The subject is on the corner of Lewis Street.

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This is a view from Lewis Street.

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Across Lewis Street is the Conrail tracks.

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Here is the letter from Harry Engasser, 45th Ward Leader for the 45th Ward Democratic RCO, indicating their support for the project after our meeting.

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Again, PROPAC reviewed the application with us, and they support the request, acknowledging that it used to be least restrictive zoned, and both indicating that the warehouse and storage use has been in place.

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and then copies of all the zoning permits,

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some of which you'll see indicate the...

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Hold on a second.

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i think we got it okay uh on the line i have uh roy rouvina uh he he should have raised his hand

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I think we got it.

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Okay.

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On the line, I have...

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uh roy if you're there raise your hand and unmute yourself once you're permitted areas

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i'm here okay roy put your name can you put your name and address on the record please

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Roy Ravini, R-O-H-I-R-E-U-V-E-N-I, 292 Montgomery Avenue, Bala Canwood, PA, 19004.

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Thank you.

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

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I do.

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Thank you.

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Roy, you've heard my representations to the board today?

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I did.

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And are they true and correct at the best of your knowledge, information, and belief?

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They are.

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And would you adopt them as your own testimony?

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I will.

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Thank you, Madam Chair.

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That's all we have.

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