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Hearing audio

ZBA Hearing - April 8, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 8, 20266h 12m

Where are they doing their laundry?

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All right, Colby, if you can maybe help me while I'm looking through the drawings.

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Yeah, each department has their own washer and dryer in it.

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Yeah, let me take a look.

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By the kitchen.

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all right um i went through it quickly so maybe i just yeah i'm having problems like let me just

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All right.

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I went through it quickly, so maybe I just.

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Yeah, I'm having problems.

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get through the drawing let me just going through my uh presentation materials trying to find

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i think secondarily then what's the trash plan also uh so like the two things that i

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maybe because we went really quickly and i was focused on a different part of the house when you

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were on the plans uh both didn't necessarily see vintage trash rooms or the washer dryer so i just

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wanted to be yeah there's an area specifically for for trash i pointed out on unit number three i

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said quickly i said oh the trash area and i said it's also there for unit number two i didn't go

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back up there but they're they're mirror images the unit three and unit two um but let me find

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the washer and dryer i did not point that out um let's just see all right let's see oh here it is

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let me just i'm just going to show unit two they're the same but it's all in this little

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closet area right here here's the washer and dryer

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are you you're sharing i don't see anything it's not oh that's me that's me sorry i was like i see

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it um hold on hillary do you have any comments while we're waiting not at this time thank you

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it's right here

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in unit 2 and unit 3

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sorry my throat is killing me today

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I have a question

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how are they going to access the washer

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dryer

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just based on that like you've got an air

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handler in there you've got the trash sitting

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right in front of like is the idea that you're going to move the

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trash can every time you have to do

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laundry

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when I just looked at it

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it's a very bizarre setup that i that why is that why you is that why you turned it off real quick

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no i didn't he's quick on that way it's quick and then he won't be able to get back on

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what's going on no no honestly i missed it when i looked at it

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i'll be honest you guys don't usually ask about the washer and dryer so like i know

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well i usually focus on the things like you know in terms of how far are we out of the ground and

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and stuff like that i i do cover that pretty well i i well because i know that question's

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going to be there but i i honestly there was no ill intent here's us like i think you got

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cleaned some of the plan stuff that's right i i think so i think it's a it's a architect that's

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new to philadelphia there's many of those and yeah so anyway but we'll uh we'll definitely

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clean that up all right any other questions for mr knockamson

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you got your partner giggling in the back too i'm just telling it right now you mean or or

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soon to be new if it's right i mean he's he's been with you a long time now i mean well it's

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a co-op lost law clerk but he'll be doing questions from the virtual audience chair

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we have a hand up from strawberry mansion community concern okay

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Good morning.

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Good morning.

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We share.

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can you hear me i can now could you okay i was muted i'm sorry hi my name is bonita cummings

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uh b-o-n-i-t-a cummings c-u-m-m-i-n-g-s all right uh sharae mansion community concern

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okay all right hold on do you swear or affirm the tell the truth the whole truth and nothing

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about the truth i do um please proceed hi i just um wanted to comment um as you know we held the

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meeting um the community is of course not responsible for all of the nti uh you know

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uh demolition that has taken place and created these conditions um but the process of trying to

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be accountable to the community as it relates to these units are going up as new builds not as

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apartment buildings so it was brought to us as four units and we said we would you know we weren't

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as four units and we said we would,

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we weren't trying to support four units because these are really just houses.

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trying to

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The footprint of them were pretty much single-family units.

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But we just wanted to make sure that,

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of course, we're not opposing,

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but we wanted clearly on the record that no basement kitchen,

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no basement living space and no way for this to turn into additional units later.

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And the reason that's important is because you end up with four units anyway, if you're not careful in how these provisos are recorded to the record.

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And also, it's a lot of moving parts here.

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There's no real, you know, the changes are not on those records.

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So I don't know, should they be changed first?

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uh what is l and i working from in terms of these actual drawings these architectural drawings say

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one thing it's said one thing here and then it's the drawing say something else i just wanted to

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be clear about that thank you thank you very much for calling we appreciate is there anyone else in

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the audience no hands at this time chair or any commission chair i'm sorry a hand just went up

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from a justin coleman okay yeah justin's our architect um oh we're fine we're fine we're fine

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planning commission thank you chair and good morning david fecto with the city planning

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commission chairman and board members the comprehensive plan recommends no change to the

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RSA 5 residential single-family zoning at this location. The city rezoned this neighborhood in

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2014 in accord with recommendations in the comprehensive plan. This block face contains

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a mix of single-family and multifamily dwelling units. The City Planning Commission recommends

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the board grant a proposed use and dimensional variances. Thank you. Hillary, does the revised

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plans cover the change in the basement well so the the give me one second the well the revised plans

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are a site plan but they do have the section that shows the different units on the side

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oh yeah it does oh well you may have to clean it yeah it's better to take that app because if you

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need to make changes to the floor plans in the process you're not locked in i didn't realize

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that yeah you want to have those changes made then we'll vote next week is that right or or

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can we just vote and then obviously eliminate those floor it's inappropriate to have floor

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plans on them right whatever section he didn't just take it up i assume the exterior changes that

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um miss cummings was referring to were reflected on the plan i i saw changes but i wasn't sure

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what exactly the only thing we changed was the color deciding okay that which is not a zoning

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related thing but we promised obviously that right right so okay and then there was a little cut like

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a a light wall that was all the way down right they may have been on the original i mean no no

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not on it it was on the newest newer ones the the newer ones had the light well all the way down and

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that yeah that was the other change that i noted so can i request that can request can i request

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the hold okay yeah that's what you said why don't we just hold it i'll i'll provide an updated yeah

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you know uh site plan just get rid of the floor floors on there and hillary can we put somewhere

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on there too just a half a half bathroom in the basement i mean that would i don't know if we can

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enforce that but that's more of a building code issue no i'm just saying like so that you can't

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you're not going to build a whole apartment right no i understand from miss cummings you know

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perspective like if we built a fourth unit we would have to come back here all right okay all

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right all right so we're going to have something by next week yeah yeah we'll vote on this next

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week okay okay and so and just to be clear the record is closed except for the revised revised

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plans thank you yeah okay okay thank you thank you number 15 mi 2026 00315 2501 wharton street

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david orphanetes is the attorney um

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you know we haven't had more than three people with all the rcob

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They're being promoted to panel.

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You can't share.

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Yes, Mr.

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Orkhanides.

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Good morning, Mr. Chairman. Could you please state your name and spell for the stenographer? Certainly. My name is David Orphanides. Last name is spelled O-R-P-H-A-N-I-D-E-S.

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Good morning, Mr. Chairman.

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

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Right. Do you swear or affirm that tell the truth, the whole truth, nothing but the truth? I do.

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Could you identify your client in relationship to the property?

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Yes. My client is Sean Ellis and Sean Ellis Elites LLC. And Sean should be on with us this morning.

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there's a letter of support from the grace very coalition of neighbors and our chair our vice

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chair has a few questions good morning have you submitted your documents and exhibits five days

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in advance of this hearing I did and do you waive the read and other refusals and stipulate to their

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accuracy I do okay thank you you can share your screen proceed with your keys sure and I just

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wanted to make sure i they um the gfcn sent an updated uh letter of support uh just this morning

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um it's not very different from the one the original one they had submitted the original

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letter reference to support and that would we would be entering into a cba and the updated

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letter indicates that we my client and um the community had entered into a cba so um and i do

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have that uh right here that letter right here um the updated letter with uh with our with our

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package so just wanted to make clear so um the the property in question is 2501 wharton street um i

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will show you uh an aerial image uh 2501 let me get rid of this here okay and you can see here

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of my exhibit b1 nereal uh 2501 and i've outlined the property uh it's an extremely large

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irregularly shaped lot on south 25th street it's bordered by uh the south 25th street to the east

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this is below washington avenue oakford street to the north wharton street to the south and south 26

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street to the west so it takes up large part almost all of the of the block um the my client

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has leased building or unit Q, which I've shown here outlined in green. The property is outlined

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clouded in red. Outlined in green is the unit that my client has rented. That unit, as you can

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see from the cover, fronts on Oakford Street. There's a man door, a person door, and then a

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large garage door. This unit, I included zoning archives for the property. This unit has been

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used in the past as woodworking for woodworking purposes which is general industrial it's been

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used for warehousing and accessory business offices it was vacant for a little bit of time

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when my client came along and entered into the lease for the space last july sean ellis who

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i will introduce a little bit is a former phillies draft pick pitcher for the phillies

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played in the majors for quite some time in the minors and has started a baseball training

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facility and this will be his first permanent home other than one he has one has had one up

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in Kensington a smaller location this will be a full-sized facility to accommodate the large

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number of kids in in the city that come to sean and his staff for training and i'll provide you

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a little more information on that the issue is is that he and then he and his wife entered nicole

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who they run the business together entered into the lease for this property last july uh went to

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submit for a co we're told you need a zoning permit submitted for his earning zoning permit and

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And nobody had mentioned, they've never done this before.

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Nobody told them that they needed a variance because the property is owned I-2 and I-2

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does not allow personal services as a matter of rate.

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So they've been subjected to the lease or party to the lease on the hook for the lease

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since July.

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It's been a little tough to keep things going since then.

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um sean's been making do using other facilities um field house on spring garden street spst to

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the just to the south here um and we're grateful that we finally uh have made it here to uh the

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zoning board today um and as indicated uh again the property is zoned i2 uh i2 does not allow um

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personal services as a matter of right um as as a training facility um we've also included in our

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application and you can see it on the notice of refusal at tab d1 uh dated 12 12 2025 which i

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hope is a notice of refusal that you have um there was an earlier one issue that i had to have

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corrected um but we added in addition to the personal services for the baseball training

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we added the retail sales of wearing apparel and accessories you know swag t-shirts

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um and accessories um you know swag um t-shirts hats sweatshirts things of that nature uh possibly

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some uh other types of uh of clothing related to their uh their operations and then also the retail

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sales of food beverage and groceries um and that's mostly like snacks and sports drinks and water and

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things of that nature um it's nothing that they're they plan to have at the present time but we don't

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want to have to come back for that as those two uses also require variance. I bring that up in

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part because going back to the letter from GFCN, which was designated as the coordinating RCO

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by the Planning Commission and Council President Johnson's office, is that one of the things that

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came out of our meeting, and I don't know how we would do this in terms of, I think the board can

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do this as a proviso, but they asked that the retail sales have to be accessory or incidental

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to the personal services. They don't want them to be a principal use. As applied, they were not

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indicated to be accessory or incidental. And so I think the same rules apply to accessory uses in

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terms of uses. You can't have a permitted use and an accessory use that's not permit as a matter of

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right to be permitted by right. You would have to still go for a variance for the accessory use. So

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I believe this modification is one that the zoning board can be by proviso. But that is one that we

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didn't have a problem with. It was always anticipated to be that way. It wasn't worded that

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way but we don't have an issue with that so i would ask the board to consider that

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um again looking at the aerial um you have the viaduct that extends above south 25th street to

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the east of us this neighborhood was at one time very industrial with housing located around

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industrial properties and uses to house a lot of the workers that the neighborhood like many of

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these industrial neighborhoods have evolved very much so in recent years, particularly in the

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north of Washington Avenue, and then just south of Washington Avenue, which this property is

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located just a couple blocks of south of Washington. So if we go to the zoning map,

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you can see that not only is our property zoning classified I2, and let me just go here to the

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background. And here's our property with building queue outline. You can see the property on the

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northwest corner of Oakford and South 25th is also zoning classified I-2. That's important to know.

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I believe Mr. Fecto will indicate that on the 2035 plan, I believe that property is flagged to be

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converted to ICA change to ICMX or IRMX, but he can speak to that. It's really hard to see on the

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2035 plan because south 25th street is the dividing line so it's hard to see when the maps change as

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to see what the plan is for the properties i believe our property is still slated to remain

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i2 probably because it's such a large property you can see ca1 to the south of us you can see

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icmx to the east of us to the northeast of us i2 um and then across the street south um south 26

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on the west side of South 26. You have CMX2, RM1, and then you have RM1 across the street from us

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on both Oakford Street on the north side and on the south side of Wharton Street.

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And I bring this up. First of all, the property on the northwest corner, which is 2501 Oakford,

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that was granted variances very recently by the zoning board. Those variances included a number,

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a very large number of uses not permitted in I2, including 54 residential units, but also

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personal services and retail sales of food, beverages, and groceries. It did not include

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a variance for the retail sale of wearing apparel and accessories. I also bring that up because the

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CA1 property that's located across from us on the south side of Wharton Street, on the 2500 block of

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Wharton Street, allows all three of the uses that we've proposed here as a matter of rate,

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as do the ICMX properties that are located across the South 25th Street on the east side.

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