civus
Hearing video

ZBA Hearing - January 18, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 18, 20223h 23m

no hands at this time chair planning commission thank you chair bergman ian hegarty for the

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philadelphia city planning commission members of the board in 2018 this property was remapped from

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i2 general industrial to icmx industrial commercial mixed use in accord with a community

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plan. The intent of the reclassification at that time was to limit the negative impacts of medium

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industrial uses, including emissions of VOCs associated with the proposed painting use.

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City Planning Commission recommends that the board grant the variants, but we'd like to propose

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a proviso condition that the spraying exhaust be treated by an oxidizer that neutralizes the VOC

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emissions to the atmosphere. We have no objection to the special exception for general auto repair

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use. Mr. Chair, if I can address that, we would submit that we will comply with all applicable

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Philadelphia codes with regard to the paint booth and any emissions generated therefrom.

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and by 2021 zero zero four seven four one twenty seven hundred caster i vote yes with

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provisors from planning commission excuse me chair no we're going to have to make that much

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more specific um mr ward are you saying that the um the condition that mr haggerty described

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that that is already required by code um i'm just saying i i don't know if it's required by code

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and if it is not required by code then we should not be held to that standard uh given the you know

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so we will comply with all applicable codes regarding so sharon sharon just so you know

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my proviso was what mr haggerty said and and not what the what what the appellant said so

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what i'm saying is it has to be enforceable chair and that was much too general right okay

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we've had that proviso could we hold the decision so that i can get the language right

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sure thank you

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and sharon you'll share that you'll share that language with me prior to it

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i will yes thank you thank you mr chairman okay sure number seven mi 2021 005052

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3469 crystal street leo mobahill letter from councilwoman sanchez in non-opposition

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And he's coming in now as a panelist.

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There we go.

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there we go good morning chairman members of the board

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mr moldahill state your name and spell for the court reporter certainly it's leo l-e-o last

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name moldahill it's m and michael u-l v as in victor i h-i-l-l address 315 green street

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philadelphia 19123 all right do you swear for him to tell the truth the whole truth and nothing but

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the truth? I do. Vice Chair Tenere has a few questions. Hi, Mr. Melvin, do you agree to waive

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the reading of the refusal and stipulate to its accuracy? I do. Based on the notes I have in front

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of me, you have submitted everything required? Yes, that's correct. Unfortunately, what happened

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with this case, though, Madam Chair, pardon me, Madam Secretary, I was essentially hired late

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in the game and i only received my posters uh in mid middle of last week for the reposting of this

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hearing as there's already been a community meeting held and we have a letter of non-opposition i would

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ask that we continue and proceed with today's hearing irrespective you want it continued no

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continue with the hearing today rather than oh okay i'm sorry mr chairman there's also

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a petition and support from the near neighbor.

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This is Tanya. I did have a quick question

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for Mr. Mulvihill, if it's allowable, Chair.

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This was a continued case

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that you jumped in on?

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This case was originally dismissed

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because prior counsel failed to appear.

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I filed a petition

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to reopen the case.

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It was reopened,

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but I only received my posters

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for this for this rescheduled hearing today i believe wednesday or thursday last week

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miss sunkett this is sharon it's a hearing on reconsideration reconsideration was previously

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granted by the board but i was just questioning the posting it's your all's call

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well we were here let's move on to hear the case all right thank you members of the board so again

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Leo Mulvihill here today on behalf of IB as in Bravo Realty Services LLC for the following

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application. We have the refusal appeal and project information form at page one, area zoning maps at

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seven, the deed is at nine, client's commercial activity license at 14, tax clearance at 15,

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the letter from a council person is at 16, we have neighbor support petition signatures at 17,

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and they proceed through to page 31, and I have photographs of the property at page 32.

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so members of the board what essentially we're petitioning for today is for a grocery store

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in the existing structure it is zoned rsa5 but this is one of those corner properties

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which very clearly at some point in the past had been a some sort of commercial use on the ground

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floor it was since remapped so this use was refused um there's also uh proposing to have

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one apartment above which is existing so we received refusal for multiple principal uses

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on one zoning lot if this was on cmx2 this would essentially be a buy right proposal

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this property is more or less a cmx2 property my client's application for appeal in the project

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information form here's the area zoning map members of the board so you can see right here

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on the corner of tayoga crystal this is the subject property moving to page a to my presentation

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we can see one moment and i'll zoom in that along tayoga you have a number of other commercial uses

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on the street. Pizza shop, there's a Chinese store here as well. Down the block a little bit,

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there's a grocery and a deli. And these are all on corner properties, just like my clients.

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You have to forgive me, members of the board, some of these pages are a little strangely sized,

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so they might come up very large. This is the deed for the property, showing my client does own it.

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Most of my client's commercial activity license, which is valid.

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taxes for 2022 are due shortly but you can see that otherwise no taxes are outstanding on the

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property it's a letter from councilwoman sanchez's office oh pardon me indicating that we've met with

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the rco and garnered the letter of non-opposition and she also then submitted this letter of

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non-opposition i will just quickly page through the other properties in the area which signed a

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efficient in support. As I mentioned, there's quite a few of them, pages and pages. And then

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what we have here are pictures of the property that were taken. So you can see this was at some

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point, obviously a commercial storefront. There is one apartment above. We're actually, we're just

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asking to have that use reinstated more or less. You see the large windows with the roll downs.

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And then these are shots that were taken from Google Maps to show a little bit more of the

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property again. It's corner position, prominent on the block, more or less looking exactly like

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more or less looking exactly like what we might expect the CMX2 property or perhaps CMX1 to look

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what we might expect the CMX2 property, or perhaps CMX2.

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like. And you can see previously there actually was a market within the property, whether or not

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that was legally zoned, another matter altogether. We're seeking to have that taken care of today

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though. So members of the board, I'm completed with my presentation at this time. I'd be happy

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to take any questions. My client for this matter is only Spanish speaking. So unfortunately I will

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not be able to ask them to incorporate all of my testimony, but I can say as a member of the bar

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that everything is true and accurate to the best of my knowledge. Questions from the board? No,

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Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman. Question from the virtual

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audience or comments? No hands at this time, Chair. Okay. Planning Commission? Thank you,

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chair bergman ian hegarty for the philadelphia city planning commission members of the board

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comprehensive plan recommends no change to the existing residential zoning here however the

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proposed use is consistent with the prior use on this property and with the configuration of the

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structure city planning commission recommends that the board grant the variance mi 2021 005052

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3469 crystal street i vote yes carol tenary my vote is yes thomas holloman my vote is yes

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james snell my vote is yes ishmael shaheed my vote is yes thank you members of the board

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MI 2021-004738-6415, Harbison, James Murray Attorney, RCO letter in support.

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Mr. Murray, if you're in attendance, can you please raise your hand so you can be promoted to

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panelists and he's coming in now chair hey thank you mr murray you cannot mute yourself

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Sorry about that. Good morning, Mr. Chair, members of the board. James Murray, M-U-R-R-A-Y, from Litchfield, Cavo, L-I-T-C-H-F-I-E-L-D, space, C as in cat, A-V-O, 1515 Market Street, Suite 1220, Philadelphia, PA, 19102.

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and my email is mary at lichfieldcavo.com.

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It's about the same way.

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Do you swear a firm to tell the truth,

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the whole truth and nothing but the truth?

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I do.

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Our vice chair has a few questions for you.

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Okay.

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Good morning.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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I do.

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Have you exhibited the email packet

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with proof of ownership, tax compliance,

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refusal, referral,

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photos under plans of this property,

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five days in advance of the hearing,

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And we do have a letter of support from the RCO. So if you've done all of that, you may proceed.

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I have.

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Okay, thank you.

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Good morning, board. This application is to switch out the gas station pricing at the Speedway at 6401 Harbison.

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The picture, and this is not in color, so I have the Google Maps picture here.

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The current gas prices are backlit and changed by hand by our employees.

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This proposal is to swap out these two panels with LED numbers.

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You've probably seen throughout Philadelphia, 15 of these have already been changed.

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There are two remaining, this location and 1000 Erie Avenue, which I'll be in front of you tomorrow for.

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There's no additional structures being built.

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It's simply swapping out these two panels from the backlit numbers changed by hand to LED screens for gas prices only.

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The employee who changes by hand will be changing them by a number, a button behind the screen.

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No jobs will be lost.

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Their job will be easier and paid the same.

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That's pretty much it.

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Questions from the board?

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No, Mr. Chow.

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Questions from the virtual audience?

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no hands at this time chair planning commission

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thank you chair bergman ian hegarty for the philadelphia city planning commission

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members of the board the comprehensive plan recommends no change to the existing auto

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oriented commercial zoning at this location as this application represents a modification

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AS THIS APPLICATION REPRESENTS A MODIFICATION TO AN EXISTING STRUCTURE, WE HAVE NO OBJECTION TO

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to an existing structure we have no objection

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THE GRANTING OF THE VARIANCE. MI-2021-004738-6415 HARBISON AVENUE, I VOTE YES.

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CAROL TANERI, MY VOTE IS YES. THOMAS HALLIMON, MY VOTE IS YES.

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404 East Tioga Street, Movihill, Harrogate Civic Association, Letter of Opposition.

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Mr. Movihill.

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my apologies chair i was having some issues on muting sure okay you've already been sworn

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yeah the vice chair has a few questions for you hi do you agree to weigh the reading of the

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refusal and stipulate to its accuracy i do i'm assuming based on the notes i'm reading

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that you've submitted all of the required documents that's correct you may proceed

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all right thank you chairman members of the board let me just get my screen up properly

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i'm here today on behalf of carlos moronta who's the owner of 804 east tayoga street

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and essentially what we're looking to do today is combine multiple lots into one for an existing

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tire shop which had been previously approved on one lot but mr moronta expanded and the other

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lots are zoned rc5 we just need to get the approval expanded to reach those lots as well

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We have the refusal appeal and project information form at page one, area zoning maps at page seven, data page nine, tax clearance at 15, RCO letter at 16, neighbor support letters at 17, photos of property at 32, and site plans at 39.

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So here's a copy of our refusal. This is page one in my presentation packet, and we can see that we were refused because of previously approved use.

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zooming in there a bit at 8060s Tioga vehicle equipment supplies sales and rentals tire shop

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was originally approved on one lot but not the entire consolidated lot and you can see in the

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notes of the ZBA that previously a variance had been granted for a tire shop infrastructure

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like I said we're just seeking to expand that use across multiple lots

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moving on now to the area zoning map this is the property itself it's actually multiple

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properties once it's fully consolidated it is owned rsa5 but it's an existing shop it's

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immediately adjacent to commercial mixed use too and this is just an area zoning map again this is

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along tioga street so tioga has a significant amount of commercial usage corners middle of the

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blocks all over the place it's just not primarily it is a residential corridor but there's plenty

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of commercial uses in the water. This is a copy of my client's deed.

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This is my client's tax clearance for the property.

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We did have a letter from Harrogate Civic. It was in opposition, although we're not quite sure why,

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especially considering that the tire shop has been there for a number of years.

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The variance, I believe, was first granted back in 2008, and we're just seeking to expand that use.

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What I have now are multiple letters of support from members on the block of one, two, three, four, five, nine individual letters. For purposes of the record, we're talking pages, 17, pardon me, 19 through 27.

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seven and then what i have as well are multiple signatures on a petition for support we have one

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two three four five six pages of letters of petition support of course not all of them

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are filled in but you can see there's a significant number of support in the neighborhood for this

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property here's a posting of the zoning sign on the property itself

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that's a close-up copy of the zoning sign then i'm just going to get some pictures that were

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taken from google so we can get a better idea as to what this property looks like in the street

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so this is the proposed use for the lot this was originally what was approved

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now here we're just trying to seek to expand that

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looking down tioga street

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and this is from the opposite direction you can see the car lot on the corner which is

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on commercial excuse and we're directly next to that there's another shot from the corner

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and we're directly next to that there's another shot from the corner

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pardon me this is a copy of the site plan with the proposed lot consolidation plan here so

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previously we had this was the lots and we're seeking to do the consolidation here

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including the building as well i do have a copy of the legal description for that

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as well, but we don't necessarily need to include that. I just had it for purposes of completeness

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in my zoning packet today. So in essence, members of the board, we have an existing use that was

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previously approved by this board. We're just seeking to expand that use across a couple

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different parcels. And Mr. Moronta wasn't necessarily aware that he had to do that

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because we were previously approved for the tire shop. So here we are now trying to ensure that

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is legalized. I'm happy to take any questions at this time. Mr. Moronta, again, is Spanish speaking

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only. So I will avert that everything that I've said is true and correct to the best of my

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knowledge. Questions from the board? No, Mr. Chair. Questions from the virtual audience or statements?

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No hands at this time, Chair. Planning Commission? Thank you, Chair Bergman. Ian Hegarty for the

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Philadelphia City Planning Commission. Members of the board, comprehensive plan recommends no

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change to the existing residential zoning of these lots. ZBA granted specific tire shop use

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only on this lot in 2008, on the corner lot, excuse me. However, the full lot appears to be

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used for auto sales in addition to the tire shop presently. The proposed use includes storage of a

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