civus
Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

i'm gonna share my screen but i'm gonna have my colleague brandon saverin um do the presentation

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for this so tanya if you can do you see brandon saverin or brandon can you raise your hand so

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that we can get you sworn in he's been promoted to panelists rachel thank you

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uh good morning chair and members of the board can you hear me okay

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yes fine

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mr chair um confessor secretary confessor can you swear brandon in please sure brandon you

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swear i found to tell the truth the whole truth and nothing but the truth yes i do thank you you

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may proceed. So I'm sorry, but Brandon, if you could state your full name for the record and

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spell it, please. So it's Brandon Saverin spelled B-R-A-N-D-O-N. Last name is S as in Sam, A,

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V as in Victor, R-A-N. I'm also with Pritzker Law Group representing the applicant.

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all right okay um so i'm gonna let yes um rachel is gonna uh control the screen here and i'm gonna

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be the narrator um so we are here to discuss 1407 r-09 west grange avenue i hate the interrupt

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up again I apologize but if you guys could maximize the screen for those who

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are in the webinar to see clearly maximize the screen thank you get to

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download it first yeah that'll work it's fine

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is that better very well thank you okay so we're here to discuss 1407 r-09 west

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grange avenue this is in north philadelphia about a block or two to the west of the only

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transportation center to give you an idea of where we are and the proposal is

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essentially to take this mid-block building which is a large

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Uh, this mid block building, which is a large, um, abandoned automobile storage and repair garage that is currently two stories and add, uh, rehabilitate the existing two stories and add four stories on top of it.

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The proposal would create 63 apartment units using the existing two stories as a parking garage deck.

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A portion of the garage would also be dedicated to bicycle parking.

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So we will end up with 77 car parking spaces, four of which would be handicap accessible, and 21 bicycle parking spaces.

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so plenty of parking. There's also room to create a 2,000-square-foot commercial space

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on the first floor of the garage. And as I mentioned, there will be 63 apartment units.

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The vast majority of those would be two-bedroom units. Some will be one-bedroom and some will be

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three-bedroom, but the vast majority are two. And the two-bedroom units would be about 800

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to a thousand square feet in size depending on which layout they are. So the project generated

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four refusals. The first one I'll address is the lack of a rear yard setback. If Rachel shows either

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an aerial or just the location again. This is a strange property in the sense that it's very large

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but it's mid block it has no direct frontage on any street thanks right yep perfect um so uh you

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know essentially there is no way to create a setback on any side without demolishing a part

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of the existing structure and this is sort of a you know hulking heavy thing um it's just not

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practical um we wanted to put the dollars into rehabilitating this rather than um you know

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modifying it in a way that we're not even sure would preserve its stability so we can't generate

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a a rear yard without you know taking a chunk of the existing building away um before i speak to

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all the other refusals um i'm gonna have rachel go to um uh that pdf packet i put together rachel

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with the the four images yep that's it okay uh the next refusal is uh for the uh manner which

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the parking garage on the bottom of the structure is accessed um there is a driveway to the south

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of the building that leads from a corner of the garage to grange avenue and the examiner

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gave us a refusal for accessing the garage using a unshared driveway that leads to the

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front street. But we believe this was issued in error because the driveway is in fact shared with

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the building's neighbor to the east. There is mention of a shared easement in our deed to this

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property and I believe the deed of the property to the east as well. This was found by the

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surveyor uh during his title examination and put on the plan as you can see highlighted there so

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we believe that uh parking access related refusal was issued an error um that's the second refusal

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um rachel you can go to the next page um so the the other two refusals have to do with essentially

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the number of units in the building um one the unit count and two the height um so before i go

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into that i just real quickly wanted to run through some pages in the upper north district plan

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the housing recommendations that are contained within the district plan speak specifically to

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dealing with this cluster of sort of large formerly warehousing and commercial lots

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that are around broad street by the olney transportation center so you'll see here

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housing recommendation seven says specifically that we need to allow redevelopment of these lots

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and provide zoning relief where necessary rakes you can go to the next page

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this is the introduction to the entire housing section and rachel yep perfect in that second

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paragraph there it basically says that instead of knocking down existing single family homes or

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consuming green space that development should be encouraged at major transit

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nodes which we're right next to where density can be accommodated without

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straining existing infrastructure in particular

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the large lots on both sides of broad street

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north of the OTC that's where we are could be redeveloped with housing

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north of the OTC, that's where we are, could be redeveloped with housing atop a retail base,

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which is exactly what we're proposing to do here. So redevelopment to create mixed use

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without the consumption of any open space or single family homes. Rachel, you want to go

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to the last slide there? Thanks. Okay. And to this point, the sort of recommended zoning map

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at the end of the district plan specifically recommends the upzoning of our parcel we're one

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of the red ones in zone k there to be either uh cmx uh it says 2.5 or 3. we're currently cmx 2.

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so the reason that's relevant is because if we were under cmx 2.5 or 3 these two refusals for

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height and unit count would be a non-issue even in cmx 2.5 given the area of the building there

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would have been 78 permitted units we're well under that at 63 um we are over the limit which

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i believe is 47 given the current designation of cmx2 that's all just to say the number of units

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is is uh you know not abusive it doesn't intend to blow out the the existing regulation it's

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actually an average of what the current zoning provides and what the up zoning to 2.5 would

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provide. It's right in the middle. Height, I think, is the same sort of issue. I'm going to get some

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numbers for you. We are creating six stories. If this was CMX 2.5, we would not have a height issue.

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I believe that, let's see.

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Thanks, Rachel.

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Yeah, see if you can get the measurement there.

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I thought I had written it down, but I think we're at 60 feet.

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The maximum is 38 in CMX2.

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If it was 2.5, I don't believe there would be a limit on this property.

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For CMX2, it would be 55, so we're still 5 feet over.

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but next three there would be we would be in the ballpark for hype okay thanks um so so that is

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that is essentially the concept here um we think that we're really proposing something that the

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upper north district plan um is intending to vote um and i think this would be a fabulous project

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to deal with a really large vacant uh industrial parcel i'll also just add before we take any

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questions from the board that the price point of these units is also within I believe the moderate

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income price point so it does help support the need for more affordable housing as well so and

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lastly just to address the community group we have the posters posted on the property I think part

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of the letter that they sent said that we had posted the posters 40 feet from the front but I

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I think that they didn't understand that this building is located in the center of the block.

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So this vacant lot here is actually not our property.

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So we couldn't post the zoning posters on this property,

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but we did post them on all corners of the existing warehouse.

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As you can see, again, it's in the middle of the block.

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You know, I think they had thought that this was maybe the site,

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but again, it's this middle site.

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And obviously we can't post, this is sort of our best street frontage.

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And it's, you know, I think also maybe they didn't understand that we no longer have to post those orange posters.

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They're these now white ones.

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So we'll be sure to clarify that when we get an opportunity.

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But just wanted to make that clear.

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And then I just wanted to, just for the record, provide all the outreach that we did starting August 19th to schedule a community meeting.

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So I reached out to the RCO the 19th.

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We also submitted the refusal and the plans on the 20th of August.

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We also reached out again on September 14th, September 15th, September 29th.

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Again, she asked us to forward the plans.

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We did that again on the 29th.

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As you can see, they're copied in this PDF.

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again on the 30th and then we reached out to the ZBA to let them know that we were having trouble

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getting a hold of the community group on the 15th of September after about like a month of efforts

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and asked if what could be done they asked us to submit our inquiry here we did and then they kind

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of let us know that this was the only rco in the area so if we could try

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calling or leaving a message with charles or tyrone which we did to make

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them aware these are the emails to tyrone and

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charles that were sent on the 15th after receiving that information

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Again, following up with them on the 29th of September, as we didn't hear from them.

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again following up with them on the 29th of september

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So we just wanted to show on record our outreach to both the RCO and the council office,

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as we're always happy to do our best to make sure that these meetings are, you know, scheduled.

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And again, happy to try and reach out.

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I think Miad from my teams, as we speak, reaching out again to the RCO to see if we can get something scheduled.

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but they do have all of our plans and just wanted to kind of provide the outreach so

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happy to take any questions um from the board and and good job brandon on your first uh presentation

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thank you

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frank we can't hear you buddy oh i'm sorry i actually didn't have anything to add i think

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oh he's saying he's saying to the chairman

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no frank you're gonna have to go out and come back in again

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We'll pause.

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How about now?

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Good.

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You hear me?

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Perfect.

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Yes.

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I don't know why it does that constantly to me.

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All right.

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I asked if any questions from the board?

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No.

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no is there anyone else who wishes to testify in this matter if so please raise your hand

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no hands at this time chair thank you excuse me this is sharon i believe mr richardson was going

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to sign on to testify is is he still here he's here his hand's not up

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okay yeah I thought so too but I don't see his name but I don't see

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well okay now he's here Mr. Richardson

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good morning again good morning still under oath sir I don't know if you heard at the opening

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statement we agreed to hear and and hold so if you have anything from your office you'd like to add

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please do so. That would be fine. We had finally reached the RCO chair and found out that there

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had been some health issues that had precluded them from being able to actually hear, do any

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hearings at that point in time. And so we have worked with her and that's why she's been now

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reaching out to all of the cases that might be a little bit backlogged as far as cases are

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concern for them uh and we're going to be working with them to try to make sure that everything

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moves moves forward including grain street uh as soon as possible thank you thank you um

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so uh the hearing will be resumed we have a date uh tanya

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i'm thinking

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we can do two weeks august 20th at 9 30. over 20th i'm sorry october 20. it's okay

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i wish summer was back i know me too okay uh at 9 30

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yes chair thank you so this hearing will be resumed on october the 20th at 9 30 a.m

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at which time we will consider any feedback related to the rco's position are we going to

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hear from planning commission now or yeah i was going to do that next okay all right planning

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commission good morning david fecto out of order i apologize yes okay good morning david fecto city

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planning commission uh mr chairman and members of the board this property is indicated for commercial

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and residential mixed use in the city's comprehensive plan this is a landlocked parcel

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not located on a public street we believe the proposed use represents an overuse of the property

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and is out of character with the surrounding area accordingly we recommend against granting these

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variances the overuse has to do with the number of units yes sir any recommendation on that

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uh we we do not all right thank you we'll take that up when we have the hearing on the 20th

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all right thank you we'll take that up when we have the hearing on the 20th

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okay all right thank you thank you

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so i i let me go back on the record i don't know if i read that in properly so

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So the hearing for MI-2020-001230-1407-09 West Grange Avenue is continued until October

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the 20th at 9.30 a.m., at which time we will hear any comments, any feedback from the RCO.

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okay next one is meeting item mi 2020-001270 address is 1800 master street and the attorney

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he is Leo Moblehill. All right. Good morning, chairman. Are you going to tell the truth,

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the whole truth, and nothing but the truth? I do. Do you agree to waive the reading of

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its refusal and stipulate to its accuracy? I do. Also, have you emailed an exhibit packet

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with the required documents, proof of ownership, proof of tax compliance, copy of the refusal

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or referral photos and plans five days in advance of this hearing yes and have you met with the rco

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and have a letter i have met with the rco we have not received a letter although i received a phone

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call from ms louise bondy yesterday indicating that i would be receiving one but i never did

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thank you can you please identify yourself for the record please certainly leo mulvihill that's m-u-l-v-i

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H-I-L-L, 2424 East York Street, Suite 111, Philadelphia 19125. I'm here on behalf of the

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applicant CRUD LLC for the property at 1800 Master Street. On the line with me this morning

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should be one of the principals of that company, Kevin Matheson. So members of the board, what I'm

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sharing right now on the screen is the exhibit packet that I emailed, including the refusal

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appeal and project information form at page one understanding this is an application for five

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residential units in an existing structure for some history to this property that i'll be going

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over in a few minutes as well the area zoning maps at page seven this is now zoned rsa5 although

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historically this has been a corner property that was previously a grocer with multiple apartment

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units above, but has since been remapped from CMX to RSA 5. The deed for the property is at page

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8. My client's commercial activity license is at page 16. Tax clearance is at 17. The zoning

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notification is at 18. As stated, I do not have an RCO letter. I have photos of the property beginning

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at page 21, and the plans for the property are at page 47. Members of the board, for purposes of

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some history for this project, going through the zoning archives and just taking judicial

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notice of these as public records. Back in 1959, there was a permit granted for commercial use on

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the grounds floor of this building as a grocery store with four apartments above. When my client

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obtained the property sometime around 2012, they filed an application for a four-story rear addition

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with cellar and roof deck for four units and vacant commercial space on the ground floor.

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um at some point some work was done for that property the addition had been constructed

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um there were some holdups and then it was never completed so then again another permit was filed

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and obtained back in 2016 this property was again zoned cmx2 that was a permit number 703589

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and that was a permit permit for vacant commercial on the ground floor with residential units above

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