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Hearing video

ZBA Hearing - April 22, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 22, 20267h 16m

I think one of the features that the project manager explained to me is that this currently drains into, you know, past the boundary.

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OK, and they're going to correct that in conjunction with this.

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So for Proviso, it would be that the, you know, the surface drainage would be controlled.

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And that's part of the project that's been submitted. They're going to be controlling the surface drainage.

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So they're actually going to improve the surface drainage from the impervious coverage.

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So there's only one small section of added impervious coverage up here, and there would be no impact to the water course.

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So that's the conclusion of my presentation.

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I would like to admit as a panelist, the project manager, because he has the most detailed information and can answer your questions.

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his name is donald raucott i believe donald should be in the audience sure thank you

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so hillary we're not approving a building we're approving the water that has to be corrected

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before the buildings so so the location of the building is with everyone right um yeah it was

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within the the waterfront yep so i don't i don't know if the parking because it says

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it has to do with development but it's the i think it's the building that they're adding that's um

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and possibly the building is set back more than 50 feet do me a favor please state your name

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first it's uh donald raucott spelled d-o-n-a-l-d r-a-u-c-h-u-t do you swear or affirm to tell

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the truth the whole truth nothing but the truth i do so why don't you give us a quick overview what's

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what what's going on and what you're sorry mr chair it's the expanded parking lot that's causing

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the issue not the the building but the addition um is is part of what's being requested along

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with a lot consolidation and expanded parking right correct um is there a way that i can show

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share my screen as well i'll stop sharing mine and you can go ahead okay

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uh donald did you hear the testimony in support of the request for variance

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and do you agree that it was true and correct i did would you adopt it as your own testimony i do

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okay uh am i sharing i'm trying to share here um we see you but we don't

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Am I sharing?

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I'm trying to share here.

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I see you, but we don't see your document.

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How's this?

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It should come right up.

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How's that?

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It's up.

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Okay.

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So this is the existing conditions plan right here that was submitted to the zoning.

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This is the area that currently I will show you a picture of.

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That's this elevated area here in the back that will be cut down and turned into the truck turnaround.

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over here to the side is where the current uh parking lot stops and it's exactly the same

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location where the proposed parking lot will stop we're just going to take where these parking

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bumpers are and add a curb line and stormwater inlets in order to take the stormwater runoff

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into an underground basin and manage it as we've been proposing to this uh water department

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and that will take all the runoff that's currently going into this it's actually a drainage right

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of way so i can show you here's the city drawing of that drainage right away that there's the same

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head wall down here that it leads into so we're the top of bank is really the estimated part of

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this drainage right of way and like i said we're unclear of where the water course really is so

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that's what we have to go on. You take it through some more

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pictures here to show you the overview as well. Like I said,

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this parking lot is just being expanded in this area. And again,

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all the runoff is being captured and treated in underground

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retention and infiltration basins.

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Back to drawing here, here's this is that a right away here,

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you can see 70 foot wide right away reserved for drainage. And

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currently the storm water runs into this basin here and then is overflow into the drainage right

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of way and all the water from the parking lot drains into this right away and then at the end

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it just ties into the city storm water system is the end of it the only thing you could see

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in the drainage right away there is an overflow that ties back into another head wall that also

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ties into the city right away so this is the end of the line despite um

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for the drainage part obviously the water course is shown to have uh

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here's a here's a picture of the water course map that shows blade uh uh black lake run that

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runs right by the property this is the property here so you can kind of see it on this map

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that goes here and then it continues across the street over in this area over here so

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I think there's both things exist the drainage right away and the Black Lake run but the

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Black Lake run at that area as Jeff has said is appears to be uh underground um and Jeff

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showed you this plan it's pretty much the gist of it I don't know if anybody has any questions

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okay questions from the board

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questions or comments from our attorney

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not at this time mr the comments from the virtual audience

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yes chair we have alice yukovic yes and she's coming back in as a panel

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good afternoon again chairman members you've already been sworn just state your name and

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you can start your testimony alice udovich u-d-o-v-i-c-h on behalf of councilman brian o'neill

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okay please proceed the councilman has no objection to the grinding of the variance

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to this location thank you very much is there anyone else in the virtual audience

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i see no hands chair planning commission

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amy boyd with the planning commission the comprehensive plan recommends no change in zoning

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to the existing i1 light industrial the waterfront setback requirement at this location black creek

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run is in place to stabilize the stream rank and reduce and control stormwater water runoff

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in order to restore and maintain the city's water resources

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along this tributary and downstream in the lower Park Besson Creek.

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The appellant has not demonstrated that there are unique physical conditions

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or circumstances of the property that would prevent it from being used

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in conformance of the zoning code, observing the full 50-foot setback

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from the top of the stream bank for the expansion of the parking lot.

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The Planning Commission recommends that the board

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deny the requested variance for waterfront setback.

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um as we talked about we're going to hold the vote on this until there's a

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corrected refusal do we have an idea of a date hillary we we could schedule the vote for next

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corrected refusal do we have an idea of a date hillary we we can schedule the vote for next week

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week it should be pretty quick and then we'll close the record except for that this is closed

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we'll look to do this uh we'll talk about an executive session and vote at 2 p.m yes thank

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you council thank you that concludes my business may be excused thank you most certainly so we're

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this morning eight

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mi2025

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007

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7257

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2

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4115

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Montgomery Drive

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this is city owned property

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Lee

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S. Lee

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S.E. is the attorney.

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Mr. Lee has been promoted to panelists.

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Thank you.

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Good morning, Mr. Board Chair and members of the board.

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Could you please state your name as bill for the sonographer, sir?

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Sure. My name is Lee Elsie, L-E-E-E-L-S-E-Y.

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all right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do could you identify your client a relationship to the property

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yes my my client is a non-profit corporation uh work to ride they are a tenant with a lease

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from the park commission of the city of philadelphia right and you also have unanimous

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support from windfill heights community organization and there's also a letter here from the city rec

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our vice chair has a few questions good afternoon um have you submitted your documents and exhibits

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five days in advance of this hearing yes i have and do you waive the reading of the refusal

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and stipulate to its accuracy i do okay all right thank you you can share your screen and proceed

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with your case thank you i believe it's visible um good job one thing i'll do right away just to

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clarify a little bit because we're within fairmount park and uh every step along this process the

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address uh has been sort of confusing uh our refusal is is tied to 4115 montgomery drive which

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if you look on a map is not the location of the shimoni equestrian center um 98 shimoni drive is

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and i'll i'll make that clear um through our aerials in a moment but i just wanted to get

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that out of the way right up front so yeah mr elsey i was just going to say for the record i

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know when um we have things in in fairmount park like i think an address kind of gets assigned to

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it um by ellen i because there aren't specific addresses um that go with some of these with

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these parcels in the park so um yeah so we're we're fine and if there's any adjusting that

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needs to be made later ellen i will take care of that so um great just wanted to reassure you yeah

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we're we're aware of the difficulties so thank you thank you i appreciate that uh my my client

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is Work to Ride, a non-profit 501c3 that was founded in 1994. I know Mr. Kareem Rosser is

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available to be called up on behalf of the tenant and possibly Ms. Leslie Heiner. I'm not sure if

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she's on or not. I also have Alex Rice from Archer and Buchanan Architecture able to join

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as well to answer some questions if need be. The refusal we're here to deal with, essentially

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we've got a community center use that's been active since 1994 and we're seeking permission

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legalize a caretaker's dwelling unit within the building. This is a use that was in the building

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from 1994 through 2024 when the building was renovated and added to. At that point, they

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realized they didn't have appropriate zoning, they stopped the use, and now we're taking steps

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to legalize that previous use, bring the building into compliance.

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Here's our aerial view via atlas.

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You can see the equestrian center with the green location tag.

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We drew a sort of a direct line to the closest residential property,

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which is this condominium building.

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It's more than 750 feet away.

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it's more than 750 feet away.

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So this was one where we didn't.

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So this was one where we didn't have

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a lot of immediate neighbors.

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We did notify quite a few of them,

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we'll address that later,

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but we've got sort of a buffer within Fairmount Park,

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which gives the equestrian center sort of a,

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you know, a lack of impact on the surrounding areas.

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So here is on the left side,

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the prior to the renovations,

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the historic stable on the right side you can see they've added this this

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writing center and they've updated the building mr. rice can address additional

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questions if needed I'll just note that if you can see where my hand is here the

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area we're talking about is the second story of this building all the way in

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the front in this historic gabled part of the stable. It's still there. I've got pictures of

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it just for a moment. So here are street view pictures. Again, on the left is prior to the

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addition. On the right, kind of same view after the addition. From the street, it doesn't look

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like a whole lot's changed because that main riding area kind of set back from Shimoni Drive.

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This is sort of a dead end, so no one else is really coming down here unless you're coming

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to the stables or turning around here's a a view from february when i visited the stables

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another view of the entrance

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some of the horses they've got 35 horses always in the stables

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here's the new riding center which was recently completed

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And this is the existing state of the previously occupied caretaker quarters on the second story.

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Has not been occupied again since October of 2024.

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We're here seeking zoning relief to bring an occupant back into here.

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And as you can see, I think one thing that's already been added, they've already run sprinklers through here.

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but until they go through the full building permitting and code compliance review it will

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not be occupied obviously this is the first step along that process it's a one unit apartment i'll

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pull up plans in just a minute but i'm showing you essentially this space it's got a kitchen

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it's got sort of a double level living area it's got a full bathroom it's got tied to the fire

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alarms again it's got sprinklers it's got a laundry it's sort of a standalone 740 square foot unit

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here's a posting of our zoning appeal poster two additional photographs of it

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uh this is the lease it's an agreement of lease dated june 22nd 1994 between the city of philadelphia

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the Fairmount Park Commission and work to ride it's a sort of long-term lease

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continues on year to year within here we can address any questions if there are

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there are some performance and operating requirements and none of which we've

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identified are relevant to the we're discussing as I mean the caretakers you

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unit we're proposing. Here is the zoning plans that were submitted. Again, we're looking at an

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aerial view. This is the large added riding area. This kind of vertical long roof we're seeing is

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the historic stables with the caretakers unit in this top part, if you can see my hand moving.

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this dashed line I can zoom in if anyone really wants to see it we do have close-up plans that

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show it in detail these are just the zoning drawings show that the area that we're talking

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about at the moment this zoning application was specifically for the legalization of this one

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use on the second floor. Elevations. Okay, now here's our caretaker apartment

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floor plan. 740 square feet. As you saw before, bi-level living area for bedroom

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and living space, bathroom, laundry. Now the use of this unit, the way they've

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used this previously the way they've always used this is for a head riding

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instructor to be there at nighttime so they're responsible essentially for a

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night check to make sure everything is good with the horses around 10 p.m. they're

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responsible for adding water and hay as needed they're there to address any

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unusual behaviors exhibited by the horses that may lead to distress or

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distress or sudden illness they administer additional medications that may be necessary

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sudden illness. They administer additional medications.

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they notify leadership of any problems and with with 35 horses underneath a roof you can imagine

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you know there can be sort of a draw for kids with fireworks or other types of things that

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can be extremely dangerous when you have that that sort of condition having someone

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on site has always been their policy.

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Let me talk just one moment about the work to ride nonprofit center.

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It's a nationally recognized work to ride program.

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It's a community based prevention program that aids under resourced urban youth through

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constructive activity centered on horsemanship, equine sports and education.

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So they offer horseback riding lessons, summer camp, and I think their primary pride is their polo program, which I've come to understand is really something special.

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