civus
Hearing video

ZBA Hearing - April 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 10, 20246h 50m

this is our subdivision plan.

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This is our zoning site plan.

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and in blue here you can see this is academy road where my cursor is indicating ryan drive

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into the site this is the existing four-story building where my cursor is indicating with the

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third with the three-story building addition where my cursor is indicating and you can see in blue

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the proposed parcel drawing prepared to show the west east and south building elevations

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our turning plan, and our landscape plan. Exhibit A-6 is our application to this board

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Exhibit A6 is our application to this board together with the notice of refusal and the project information form.

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together with the notice of

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Exhibit A7 here is proof of posting. This is our posting along Academy Road.

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You can see where my cursor is indicating the friary building.

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This is Ryan Drive here with the high school where my cursor is indicating to the left.

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The property also has frontage along Chalfont Drive, and this is the posting along that frontage as well.

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Exhibit A8 is an atlas printout to show the board the configuration of the site.

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Here is the frontage along Chalfont Drive that I was just referencing.

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Academy Road here, which is the main frontage for the building.

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And below it is just a printout from Google where you can get a better sense of the layout of the site.

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Where my cursor is indicating is the existing friary building.

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And then the high school on the larger ground here. And again, as I mentioned, no change is proposed to the high school.

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Exhibit A9 for the board's reference are street perspective photographs. This is looking northbound on Academy Road, the top photograph.

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The existing Friary building here, where my cursor is indicating to the right, this is a perspective from Ryan Drive into the site.

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And then looking southbound on Academy Road with the high school here to the left of the picture, looking downward on Academy Road.

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exhibit a 10 these are photographs of the existing friday rebuilding the board's perspective

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and a view from the rear where the addition would go

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exhibit a 11 are drawings prepared by cbp architects here you can see the existing

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building with the new addition our parking landscaping and again archbishop bryan here

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to the right where no changes are proposed this is a perspective view of the building addition

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and i should note that the uh the building addition would would house 21

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one-bedroom apartments the four-story building will house 27 one-bedroom apartments and as i

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indicated uh the addition and the 21 units therein are necessary in order for the litec financing

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and thus for the project to succeed this is an aerial view so you can see the scale and

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perspective, especially against the school here, the existing friary building here, our proposed

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building addition here, where my cursor is indicating our landscaping and the parking.

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CIPA Day 12 is our proof of mailing, a meeting notice. We met to the neighbor's. We notified

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236 near neighbors. And as I'm scrolling on the side here, you can see the proofs of mailing

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to the 236 properties that were required to receive a notice. Exhibit A13 is a letter from

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Millbrook Civic Association. We met with Millbrook on March 26th, and the majority of those in

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attendance were in favor of the application, 17 in favor, 13 against. Exhibit A14 is a letter from

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Councilman Brian O'Neill stating his non-opposition to the project. Exhibits A15 and A16 are the

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respective CVs of our design professionals. Mr. Chairman, before I ask my witnesses to be

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promoted to adopt my factual testimony to the board today, I would like to offer some legal

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arguments to the board for the record. As I mentioned a number of times, the building,

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the Friary building sits vacant today. The building is unsuited for any reasonable reuse,

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no longer needed for housing for the Franciscan priest who, as I mentioned earlier, were reassigned

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approximately 16 years ago. Case law supports the grant of the variance for the multifamily use.

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Under cases such as the Commonwealth Court's decision in Wagner versus the City of Erie's

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hearing board, a building can be the premise for a grant of a variance, and that is entitled

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to be used in a manner that does not involve demolition or extensive reconstruction. So,

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while this board is most commonly familiar with hardship cases being presented as physical

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characteristics of the land, in instances such as the matter before the board today, our matter,

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the Commonwealth Court has held that hardship can relate to the building itself.

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Here, the RSA-4 allows single-family household by right. Group living for personal care is a

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special exception. Single-room residences are not permitted, and even if they were,

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that type of a living for priests or nuns is no longer necessary.

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So the hardship justifying the grant of the variance for the multifamily use is founded in the fact that the most reasonable use, which is practical today, is multifamily apartments.

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And to that end, because the building is not large enough to permit financing under the LIHTC program, the building addition is necessary.

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As it relates to the dimensional variance for the extra three feet in height, the location of the existing floor.

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I can see if I have a

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Let's see if I have a better image here for the board.

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The location of the existing floor elevations are set, and we are trying to marry the second

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and third floors of the new additions to the upper levels of the existing buildings, again,

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without having stairs for the seniors who will inhabit the building. The roof structure

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of the addition is deeper than the existing roof structure for the existing building,

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which is comprised of concrete and metal joists, thus making the roof higher, hence the need for

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the additional three feet. And as I mentioned, the 38 feet would otherwise be compliant with

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the underlying zoning if it wasn't for the restriction of the overlay district.

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And as this board is aware, it is permitted by the zoning code to consider the detriments of

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the applicant in refusing a dimensional variance. Here, the additional three feet is necessary to

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achieve the building addition to provide the requisite number of apartments to achieve the

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LIHTC financing as the existing building is not large enough. And without the LIHTC financing,

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the project would not be successful. Accordingly, this is the minimum variance necessary to afford

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the reasonable reuse of the building. In terms of conflicts and traffic congestions,

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there will not be a substantial increase in traffic congestion. I note that Ryan's enrollment

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is down from its historical figures. At its height, the enrollment of the high school was

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approximately 4,600 students in 1975. The projected enrollment for next year is 880 students.

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The building's capacity is far greater than its current population, and therefore,

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granting the relief here would not cause a substantial increase in traffic congestion.

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There will also be no detriment to the public health, safety, and welfare from the granted

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relief here. We're bringing a low-impact but vibrant use to a vacant building. So, Mr. Chairman,

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And with that said, could I please ask Suzanne O'Grady-Larito of Catholic Housing to raise her hand and be promoted as a panelist to adopt my testimony?

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Yes.

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Suzanne has been allowed to speak.

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

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Suzanne O'Grady-Larito, S-U-Z-A-N-N-E, O'Grady, O-G-R-A-D-Y, Larito, L-A-U-R-I-T-O.

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

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I do.

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Please proceed, counsel.

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Thank you, Mr. Chairman.

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Suzanne, could you just tell the board your position with Catholic Housing and Community Services?

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I'm the Director of Catholic Housing and Community Services.

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and Suzanne did you hear my testimony to the board today I did and would you adopt and

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affirm that testimony as if your own I do thank you no further questions for Ms. Suzanne if I

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could ask Nora Bergsten to raise her hand and be promoted she's part of the group too

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Ms. Bergsten's our architect on the project okay

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no i'm allowed to speak i could you please state your name and spell for this stenographer

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sure it's nora n-o-r-a last name bergston b-e-r-g-s-t-e-n do you swear or affirm to tell

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the truth the whole truth nothing but the truth i do please proceed counsel nor you are the project

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architect for the development yes and did you hear my testimony to the board today i did and

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would you adopt and affirm that testimony? Is it your own? I do. Thank you. Could I have one more

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witness, Mr. Bergman? Sure. Sure. We see a hand. Hi, could you please state your name and spell

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for the stenographer? Hi, my name is Leslie Cunningham, L-E-S-L-I-E-C-U-N-N-I-N-G-H-A-M.

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

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I do.

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Please proceed, counsel.

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Thank you.

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Leslie, you are the civil engineer for the development?

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Correct.

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And the drawings that I showed today were prepared by you or under your supervision?

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Yes.

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Did you hear my testimony to the board today?

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Yes.

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And would you adopt and affirm that testimony as if it were your own?

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Yes.

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No further questions, Mr. Chairman?

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair, we have Alex Udovich with their hand raised first.

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They have been allowed to speak.

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Good morning, Alex.

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Good afternoon, Chairman.

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You were already sworn to state your name for the record.

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Certainly, Alice Udovich, U-D-O-V-I-C-H, on behalf of Councilman Brian O'Neill.

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the councilman supports the granting of the variance at this location.

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Thank you for calling. We appreciate it.

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Thank you.

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Anyone else in the virtual audience?

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yes chair we have two hands and nicole has been allowed to speak first

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Yes, Chair, we have two hands.

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hi could you please state your name and spell for the stenographer my name is nicole krepel

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n-i-c-o-l-e-k-r-i-p-p as in peter e-l right do you swear do you swear or firm to tell the truth

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the whole truth and nothing but the truth yes i do i have a question well okay are you for first

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one more thing. Are you a neighbor? Yes, I am. Okay, please proceed. I live on the 3500 block

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of Brookview Road, if that's helpful. Okay. Yes, thank you. Great. I'd like to know whether or not

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you have made application for the LIHTC tax credits, and if you've made them on a 4% or 9%

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basis, if you're able to answer that at this time. Is Ms. Grady Lurito still a panelist with me today?

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I know the application has been made. The second part of our question, I don't know if we have any information to be able to answer that today, but I'll let my client confirm that.

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Yes, the application was made and it was for 9% tax credits.

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Okay, thank you very much. That's all.

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Thank you.

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Anyone else in the virtual audience?

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Lorraine has been allowed to speak.

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i could just state your name for the record please yes my name is lorraine mueller

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okay uh if i understand i swore you in earlier this morning didn't i

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yes yes okay please proceed are you a neighbor yes i am a neighbor who lives around the corner

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from this. Okay, please proceed. Okay, well, are they, first of all, is this hearing about the

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entire lot? Because when I read the zoning notice, it said lot A, lot B, like, are they going to chop

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up more of it? It's a beautiful addition to the neighborhood, but I grant it, it's an empty

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building and can be put to better use. But is this, are we talking about the entire lot from

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where the semi-divided homes end, where the fence is, over to the driveway of Archbishop

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Bryan High School.

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Counsel, you want to answer that or no?

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Sure.

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Ms. Mueller, we are only proposing to subdivide, to adjust the lot line, to create two lots

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here.

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And I can, if you can see my screen.

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I can.

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And you're also proposing to have the driveway shared with the high school.

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Correct.

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Yes?

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yes okay well a lot of the students use the back of the high school that driveway is in

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use quite often and i also have a problem with not only students and housing residents sharing a

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driveway but the number of parking spaces allowed like so is the flow over going to go to archbishop

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bryan high school i mean yeah neighborhood is crowded enough i mean the people on the 30

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um yeah on the 1100 block of academy road are parking across the street and they have driveways

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and some have garages or are we expecting these seniors such as myself not to have cars by the

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way i do i'm sorry um chair this is tanya um miss muller you're only here to give your opinion

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uh whether you agree or disagree in the project not to ask questions thank you very kindly ma'am

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well well miss muller it looks like i'm outnumbered no you're not outnumbered the

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questions are you know i mean before i agree or disagree i would like to i listen to the whole

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thing but the i'm very familiar with this neighborhood after 38 years but the drawings

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the blueprints went by rather quickly i couldn't but but there was a meeting earlier too at the

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millbrook civic association okay well i was not aware of that and i live in modena park not millbrook

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all right well thank you for your if you don't want to take a position then thank you

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Anyone else?

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I see no hands.

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Planning Commission.

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Thank you, Chair Bergman, Sarah Bond with the Philadelphia City Planning Commission.

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In 2021, the zoning map was amended to RSA 4 at this location in accord with recommendations from the comprehensive plan.

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The proposed use will not cause detrimental impacts to the neighborhood beyond what might normally be expected.

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Additionally, the City Planning Commission recently provided a letter of support for the associated grant.

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Additionally, the City Planning Commission recently provided a letter of support for the associated grant to provide affordable senior housing at this location.

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We therefore recommend that the Zoning Board grants the variance.

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Thank you. MI 2024-000422-11101 Academy Road, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thank you. You have your votes.

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Thank you, Mr. Chairman, members of the board.

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Number 11, MI 2024-000-426-2200 Weefsheet Lane.

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David Tustody is the attorney.

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There's a letter of support from the Harrogate Civic Association,

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a letter of support from Councilmember Driscoll,

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and a letter of non-opposition from Councilmember Squall's office.

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Counsel, could you please state your name and spell for the course tonight?

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Sure. It's David Schutte, silent T, and that's spelled T-S-H-U-D-Y.

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I'm with Troutman Pepper Hamilton Sanders LLP, and our address is 2 Logan Square, Suite 3000, Philadelphia.

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