civus
Hearing video

ZBA Hearing - February 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 17, 20215h 2m

because the residents strongly supported this particular project. Given the development that's

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happened in Mantua up to 36th Street, in fact, it made a lot of sense. When she said that lot

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has been vacant, we have just recently reviewed some data from the city that talks about 300 and

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some vacant lots in this particular community. So we have a lot of work ahead of us, and we

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strongly support this particular possible. I think we've worked with this particular developer on a

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number of occasions and understand the needs of this community. Yes, we did rezone Mantua. When

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you rezone large plots of land, quite often these little unique little issues don't

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plots of land, quite often these little unique little issues don't appear when you do a full

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community rezoning. And it was a big undertaking for us. And there were some things that we

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probably would have done differently when we went to remap Mantua in 2017. So clearly we're asking

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for your support and your approval of this particular project. I think it's something that

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That we as a community, the residents and the near neighbors, clearly support it.

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And when you look at what's across the street, it does align with the remaining part of the block.

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And I must say, the consideration of a multifamily dwelling of this size is something that we can support.

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Thank you.

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Let me ask this question to be clear.

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Your support is for a triplex or a duplex?

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We voted to support a triplex.

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Okay.

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okay anyone else mr chairman i would be happy to have my client adopt my testimony

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please bring them on thank you uh if if the administrator would look for brahim engladen

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uh if we're having a problem uh being an officer of court we'll stipulate that your

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client would have adopted your testimony certainly thank you um questions i asked questions on the

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board planning commission hold on for just one second i just need to get to the screen

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this is paula bremblo burns chairman and members of the board mantua went through a multi-year

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community remapping in 2015 to 2017 the property was not in the process of development at the time

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of the remapping so it did not justify the support of keeping it rm1 development we would like to

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add that if the city-based zoning solely on what is across the street, the entire city would be

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zoned CMX5, which has the most density for development. Zoning is not based on just it's

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across the street. We feel that the property across the street is also undeveloped for the CMX3 or

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underdeveloped for the CMX3 zoning and could be reduced in a future remapping. Accordingly,

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our recommendation that three units not be granted. And we certainly respect that position,

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but given the long-term vacancy of this property and the fact that though it's across the street,

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it is, these are small blocks and there's a character of particular blocks. And in this

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particular case, you have fairly high density that is on that same block. You also have existing

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a duplex just a few doors away and a mix of some, you know, vacant structures on this block. So I

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I think that that's why Gwen mentioned that the community was so supportive of this, because, you know, just given the varying character of this small block here, the rezoning really does not reflect, you know, the multiple different uses here.

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Sir Burns, is it the Planes Commission position that it remain a single family or is the issue with a triplex?

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Our first recommendation was for single-family only.

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It is up to the board if they choose to do a duplex.

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Okay, thank you.

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MI2020-000436650 North 36th Street.

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My vote is yes with the proviso of maximum two units.

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My vote is yes with the proviso.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Thank you.

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Calendar number 241174 Road.

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The attorney is Sean Ward.

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Excuse me, can I please interrupt?

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This is Pauline.

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I just want to make sure that Fatina's sound is working okay.

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Sure, thank you.

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Fatina, can you try saying something, please?

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I think you're going to have to log out and log back in.

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All right.

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Sorry.

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I'll announce in her place.

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All right.

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Thank you.

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No problem.

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uh mr hand you're going to handle yeah i'll handle that while she's on okay thank you carol

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Mr. Hand, you're going to handle it.

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Thank you.

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hey we're waiting yeah we're waiting for sean ward calendar number 2411 7430 state road there

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you are sean name and address for the record good afternoon mr chairman members of the board sean

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On board, SHAWN, WARD, 331, East Street Road, Three Vokes, PA, 19053.

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I believe you're still under oath.

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

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Yes, I do.

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Have you emailed the exhibit packet with all the required documents, which I'm sure you're familiar with?

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Yes, I have.

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Thank you.

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You may proceed.

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Okay.

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mr chairman members of the board i am here on behalf of the gun range llc which is the applicant

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and 7430 state road llc which is the owner of the subject property at 7430 state road

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i would point out that this property is under agreement of sale by the applicant pursuant to

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an agreement with the owner. It's been pending for quite some time due to COVID, and we're just

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happy to get before the board today. Attached at A1 is the notice of refusal. The application is

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for a permit for a gun shop, including an indoor gun range and firearm training facility

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with accessory offices and storage in an existing structure with existing 45 accessory surface

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parking spaces while the property is zoned i3 industrial and that use is permitted

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it is however prohibited by the industries and manufacturing overlay district

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so we seek a use variance from that overlay regulations today a2 is the zba application

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of appeal a3 the project information form a4 proof of ownership a5 is proof of tax clearance

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A6 is a site plan. A7 are photographs of posting subject property and aerial views.

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A8 is the RCO letter of non-opposition from Holmesburg Civic Association.

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I would point out that we had several meetings with them both at the existing site of the gun

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range on Percy Street off of Spring Garden to see the current operation and we had a site meeting at

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the state road location as well and then followed up with the actual virtual RCO meeting with the

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Civic Association. I thought I was getting a letter from Councilman Heenan but you know as

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the board as well where he only writes letters of opposition he generally doesn't write letters of

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support or non-opposition. A10 as far as the relevant zoning history goes which I have all the

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permits attached. It's currently used for a document shredding and a construction warehouse

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and storage with accessory offices. Historically, since 1936 up to about 2009, it was the names at

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that site. A11 for the board's file are our gun range design criteria issued by the Department

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of Energy, which my client, Yuri Zalsman, will use in designing and building out the gun range.

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A12 is the applicant's PowerPoint presentation, which he used at the RCO meeting, the virtual RCO

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meeting via Zoom. A12 is a zoning map and A13 are aerial photographs. So real quickly, as you can see,

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the property is located in the i3 zoning districts however the proposed gun shop is

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prohibited in the control district the industries and manufacturing area overlay

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so we filed the application of appeal and that included the project information forms

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we have a copy of the deed 7430 state road llc on the property since december of 2010

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again the uh the varnish and lacquer manufacturer having closed in 2009

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as you can see taxes are current through 2020 2021 is not due yet until march and we have a copy of

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the

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copy of the zoning poster located on the front fence of the structure

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There's an aerial photo from Google Earth.

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You can see the Conrail tracks are at the rear of the property and it fronts on State

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Road.

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Here's the front of the subject structure.

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here's the front of the subject structure this is

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This is a side view from the Sweet Lucy Smokehouse parking lot, which is located directly next

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door.

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I would point out that both adjoining property owners participated in the Zoom meeting.

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Any of their concerns were addressed at that time, and they have no opposition to the application.

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To my knowledge, put it that way.

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Here is another shot of the side of the building.

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Again, the Conrail tracks are located behind.

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Here's Sweet Lucy's Barbecue, located right next door.

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Across the street is the Easy Storage Facility.

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It's a very large, sprawling indoor and outdoor storage, public storage facility.

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This would be State Road facing southbound, State Road facing northbound.

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And then we have copies of all of the historical zoning permits for the lacquer and varnish company manufacturing use.

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This is the range design criteria from the Department of Energy.

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Again, URI intends to utilize them in the design and fit out of the gun range.

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That's quite a lengthy document.

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And it's there for your leisurely reading at any time.

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So, additionally, we get up to, Uri prepared a PowerPoint presentation.

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And I think the most important part of that is the upgrades he's going to do to the property.

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As you can see, we discussed this with Holmesburg Civic.

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So, the idea is to go the other way.

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Currently, the facade can use some love and attention, so Yuri's plan is to reface the structure, add landscaping and trees to the front, also to the side of the building.

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We entered into, I'm sorry, here's the zoning map.

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As you can see, it is in the I-3 zoning district, however, it's covered by the overlay.

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another aerial photograph 95 is to the bottom of the screen this is the storage facility it's got

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outdoor storage in the center of the building with the storage units wrapping around here's

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the subject property and these are the two other adjoining property owners that we met with

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at the meeting and we addressed our concerns

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um with regard to the rco i submitted this letter they submitted it directly and then i

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I provided another copy to Sharon yesterday, I believe, indicating that they do not oppose the application

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because we entered into a comprehensive community benefits agreement with the Holmesburg Civic Association.

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I provided a copy of that to Sharon as well.

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Whoops, wrong one.

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So here's the community benefits agreement.

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Is everybody seeing this?

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Yes.

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Okay, very good.

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So the hours of operation are consistent with what he does now.

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Monday through Saturday, 11 a.m. to 9 p.m., Sundays from 11 a.m. to 6 p.m.

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We discussed and made provisions for noise remediation.

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He will provide security cameras and lighting and register with the SafeCam program

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with the City of Philadelphia Police Department.

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We included the landscape and facade beautification, consistent with the photographs that we showed.

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He's going to look into stormwater management solutions with the water department.

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alternative energy options he agreed to apply for membership and maintain a yearly membership

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in holmesburg civic he also agreed to install and maintain a physical barrier either a concrete

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masonry or similarly similar material fence wall along the rear of the property for security

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purposes there was a lengthy discussion on the retail sale restrictions of what is commonly

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referred to as unfinished gun kits, also referred to as ghost guns, 80% receivers, 80% finished

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product, 80% complete and unfinished receiver items. I did have a discussion with Councilman

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Heenan on that, and he was happy to hear that URI would not be dealing in those items.

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We also agreed to provide Helmsburg any proposed floor plans. We haven't designed it yet because

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we were waiting for approval, but we will share the floor plans with them and take their input

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for the eventual final design. The agreement will be recorded with the Department of Records

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upon approval, and there are covenants running with the land, and we have enforceability provisions.

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Yeah, there are covenants running with the land, and we have enforceability provisions, notice provisions, and that was signed by both Tara Gontek from Homsburg Civic, she's the president, and Uri Zoltzman as the member of the Gun Range LLC.

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So, Uri, if you're on, could you please raise your hand so they can find you?

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there he is hi uh this is your results man yuri you heard my representations to the board

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i have sorry he's got to be sworn first i'm sorry he was sworn earlier that's right he was sworn in

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earlier yeah okay thank you uh yuri you've heard my representations to the board correct

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i have heard them yes and are they true and correct to the best of your knowledge information

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and belief they are and you adopt them as your own testimony i do thank you thank you thank you

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questions from the board no no anyone else like to testify in this case please raise your hand

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chair i have a david who i'm unmuting

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David you are free to speak please unmute yourself

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please identify yourself with the record first and last name and address

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this is David DeLugos I'm with the zoning chair of the Homesburg Civic Association

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would you please spell your last name yes d-l-u-g-o-s-z you swear in the firm to tell

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the truth the whole truth nothing but the truth yes please proceed yes um again i just wanted to

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you know piggyback on what sean had said i was so we've been in conversation with with yuri and

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sean for a while about this uh property uh there were a lot of concerns about what was going on

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there, and I think this CBA addresses a lot of those concerns that the near neighbors

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and others had about having, you know, potentially allowed, you know, nuisance placed near their

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property, you know, so Yuri has been very cooperative in trying to work and make agreements

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with the neighboring properties. Also, as I'm sure Sean pointed out that because this use is

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allowed in an I-3 zone. This is only a special exception. You know, I think the purpose of that

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special exception has been met by having us talk with them and work out the issues instead of just

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being by right. So we appreciate that. And, you know, given that as a special exception that,

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you know, we would ask that you grant that special exception. Thank you for your testimony. Anyone

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else would like to testify in this case, please raise your hand.

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I see no hands, Chair.

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Thank you. Planning Commission?

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Ms. Paula Brimbleau-Burns.

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This property is indicated for industrial use on the comprehensive plan.

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If there will be a new gun range in the city, we feel that locating it in an area without schools, homes, or parks is an appropriate match so as to not impact the residents of Philadelphia.

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Accordingly, we have no objection to the variance from the industrial overlay.

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Thank you.

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