civus
Hearing video

ZBA Hearing - November 3, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20206h 16m

Spell your first and last name and provide us with your address.

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Donnell Ebron, D-O-N-N-E-L-L, last name E-B-R-O-N,

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1001 North 46th Street, Philadelphia, PA, 19131.

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Do you swear in a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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And you are the owner of this property?

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Yes.

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You're not an LLC?

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No.

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No, okay.

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Before we begin, I'm going to begin by asking you, have you emailed an exhibit packet with the required documents?

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Yes.

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Proof of ownership?

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Yes.

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Proof of tax clearance?

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Yes.

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compliance rather a copy of the refusal or referral and photos and or plans of the property

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five days in advance of this hearing i did and you agree uh to stipulate yes thank you uh please

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proceed um i'm sorry we didn't ask if he met with the community and i don't have any record of

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um i'm sorry we didn't ask if he met with the community and i don't have any record of having

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having received

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received a letter from the rco i left that out i'm sorry have you met with the rco uh we said we

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send them uh email they uh emailed us back stating that they're super swamped and they can't get us in

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in time for a hearing but they i have their their email that they sent me back

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but they didn't take a position right they just told you that they can't get to it yes

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yeah i'm sorry if i do recall uh mr ebron have you been sending me emails saying yet you've

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been trying and trying to get in touch yes i do recall this case and typically with cases like

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this chair um sharon and i discuss and usually tell the applicant to be prepared to go forward

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it's always your call but they've made a good faith effort to reach out to the rcos thank you

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for that clarification we will proceed with this case thank you thank you mr abron yes just give

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us a brief description as you can as to what you're requesting of the board well uh basically

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it's it's uh a water ice stand for the uh for the neighborhood i'm always been involved with

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the neighborhood and my wife and I we have a storefront in our home and we want to just put a

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little mom-and-pop water ice there you know I'm sorry for interrupting I apologize do you happen

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to have any photographs or any drawings uh yes I submitted that with the package are you able to

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share them with us electronically uh give me my son is helping me I'm not yeah yeah so you're

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like me boss I can't figure this out either okay can you see that yes okay yes that's the

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interesting it's a it's a take out only it's it uh you'll serve the water ice through the

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side have two side windows right there right there yes those two sides and this is the front door

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where you would enter and it has it's designed for a bathroom and this would be our little storage

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area and it has exit uh exit door and it's everything is on the first level okay do you

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happen to have a photograph by any chance of the property uh if not it's not no problem if you have

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one fine i think it's pretty no i don't okay no no worries no worries all right um any questions

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from the board no okay um anyone else would like to testify in this case if so please raise your hand

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no hands at this time thank you planning commission

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hello this is mason austin speaking for the planning commission thank you

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please spell your name for the record m a s o n a u s t i n you swear in the firm to tell the

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truth the whole truth nothing but the truth i do thank you please proceed thank you mr chairman

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uh this property is indicated for neighborhood commercial mixed use in the city plan

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given the site's history and context we have no objection to the granting of the special exception

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thank you my man's doing some fist pumps back there okay mi2020-000650 1001 north 46th street

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my vote is yes my vote is yes my vote is yes i'll see you in the summer thank you thank you guys

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all right good luck which one we're doing next number two number two mi 2020 dash

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zero zero zero nine eight seven eighteen hundred dash eighteen north fourth street

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here i'm promoting augusta o'neill attorney okay good evening can everyone hear me

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good evening ms o'neill please identify yourself spell your first and last name

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Sure.

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Augusta O'Neill.

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My first name is A-U-G-U-S-T-A.

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Last name is O-N-E-I-L-L.

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And do you swear to the firm to tell the truth, the whole truth, nothing but the truth?

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And do you swear to the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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I do.

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Do you agree to waive the reading of the refusal and stipulate to attack your seat?

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I do.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal, photos and plans five days prior to this hearing?

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I did.

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Have you met with the RCO and have a letter?

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I did, and one was sent in on Friday.

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Thank you. If I could, I'm just going to pull up my exhibits.

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Good evening, members of the board. I'm here with a proposal to subdivide and relocate

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lot lines on the property located at 1800 to 18 North 4th Street to create 10 lots with

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one residential dwelling on each lot. The property is bounded by Kedwalder Street to the west

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and North 4th Street to the east. Presently, the property is an empty lot, as you can see from

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these pictures. This project received a refusal on September 11th of this year on three separate

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bases. The first refusal that this project was received was for the lot size for each

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home, as this RSA 5 zoning district requires a minimum lot size area of 1,440 square feet.

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And as you can see, we were just about under 100 square feet off on each lot. The other

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two refusals that this project received were for the height of each of the homes and also

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for the parking garages that we had been proposing under each of the houses. We met with the

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coordinating RCO for this project, South Kensington Community Partners, on four separate occasions.

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The first time that we met with the RCO's committee members, we had renderings which

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showed the parking garages under each of the houses, as you can see from this rendering.

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The feedback that we received from the RCO's committee was that they typically don't support

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projects that have those front-loading garages. So in response to the comments, our project architect

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Ryan Donahue went back and removed those garages and also lowered the heights of each homes.

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So as a result of those changes, we are now only seeking one dimensional variance for

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the lot size of each of the homes, and we were able to eliminate the other two refusals

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that we received.

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So we went back before the RCO for a final meeting on October 28th, with the renderings

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that you can see at this page, my exhibit packet, just zoom out a bit.

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The feedback that we received from the RCO and from neighbors was that they like this

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project and they want to see it come into their neighborhood.

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Marco Guarini of South Kensington Community Partners did provide a letter of support to

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the board, which was emailed in on October 30th.

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In the letter, he explained what the RCO's initial concerns had been and what we had

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done to change our project in response to their concerns.

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So, as I said before, we're now only seeking approval for the de minimis dimensional variances

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for the lot size for each home, a copy of our proviso plans and the proviso plan forms

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were included with our application materials.

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If the board has any questions, both my client and his in-house architects are on today's

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call and available to answer any questions.

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And with that being said, I would just like to call Joseph Burnup so that he can adopt

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my testimony.

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I'm sorry, did someone raise their hand?

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Joe, could you raise your hand?

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Okay, Chair, he can be sworn in.

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please provide us with your name spell your first and last name yes joseph byrne uh j-o-s-e-p-h

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b-y-r-n-e you're swearing to firm to tell the truth the whole truth and nothing but the truth

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yes i do and your interest in this uh application uh i am the owner of record thank you please

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proceed joe did you hear my testimony this evening i did was it true and accurate

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it? It was. And would you adopt it as your own? I would. Thank you. Thank you. Ms. O'Neill,

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do you have revised plans? I do, and I sent a link with some revised plans to Sharon.

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I do and I sent a link with some revised plans to share in this afternoon.

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How many pages? Yes I have those three pages. Pages okay. Questions from the board? No.

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No. Anyone else would like to testify in this case if so please raise your hand.

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chair we have sloan folks good evening again mr folks please identify yourself for the record

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you're still on the roof good evening chairman chico zba board sloan folks office of councilwoman

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maria quinona sanchez room 508 city hall the applicant having met with the coordinating rco

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and receiving a letter of support the councilwoman offers her non-opposition to this request thank

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thank you thank you anyone else would like to testify in this case if so please raise your hand

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that's all chair you can proceed thank you planning commission uh this is mason austin

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from the planning commission the property is indicated for residential use in the city plan

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given the existing character of the block and the support of the rco staff has no objection to the

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variance for minimum lot size provided that the project plans are amended such that parking is

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not accessed from 4th street and that no variance is required for height. Thank you. MI 2020-000987

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1800-18 North 4th street. My vote is yes with the proviso revised plan. Three pages approved today.

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yes proviso yes with proviso yes with proviso okay that we're in mr ward's case number five

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thank you so much thank you the number five yeah uh am i what i'm sorry confessor um mr ward did

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send me a letter of a copy of the rco letter and is that letter and uh what what's the result of

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letter. I'm sorry, it's a letter in opposition. Opposition? Okay, thank you. Mr. Ward, please proceed.

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MI 2020-000221-3510, K Street. Good evening, Mr. Chair, members of the board. Sean Ward, on behalf

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of the applicant my address is 331 east street road trevos pennsylvania 19053 i believe you're

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under oath already thank you mr you agree to waive the reading of its refusal and stipulate to its

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accuracy yes i do also have you emailed an exhibit packet with the required documents proof of

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ownership proof of tax compliance photos and plans uh five days prior to this hearing yes i

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I did.

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Have you met with the RCO and have a letter?

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I believe so.

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You may proceed.

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Yeah, as previously discussed, I just emailed a copy of that letter to Sharon Suleta.

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It is a letter of opposition, which I will address.

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But in the meantime, can everybody see my screen share?

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Yes.

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I just refreshed my memory.

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When we started to hear this case, was there concern about requesting a continuance?

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or no there was a request for a continuance by the councilwoman's office uh allegedly as we had

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not met with the rco okay however we did in fact meet with the rco harrogate civic association

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and i just sent that letter to sharon and i have a copy uh for screen share uh for the board's

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information thank you all right mr chairman members of the board i include my exhibit

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packet, my customary exhibit packet. Housekeeping A1 is the notice of refusal. It's a permit for

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a non-accessory surface parking lot. Resulting one refusal, non-accessory surface parking is

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not permitted in RM1. Therefore, we seek a use variance today. A2 is the ZBA application. A3

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is the project information form. A4, proof of ownership. And A5 is proof of tax clearance.

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very quickly. I'll show you those. There's the refusal, application for appeal, project information

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form, and a copy of the deed. The deed is dated September 30, 2016, and the property is owned by

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1352 Wagner Avenue, LLC, a Pennsylvania LLC. It is my recurring client, George Menosis, who is

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It is my recurring client, George Minosis, who is generally represented by George Groves.

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general

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However, George had, I believe, a hip surgery or knee replacement, something to that effect.

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So he is unavailable at this point.

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I do have on the line today our project engineer, Ian Smith, who the board is well familiar with, as he appears before you quite often.

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And he will verify and adopt my my representations to the board today.

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Here is the tax compliance proof showing that taxes are paid through 2020.

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Basically, what you have here is.

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I can get it up. There you go. Basically, this property is situate.

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K Street runs north south to the east of the property.

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It does front out onto Tioga, and it is located at basically the intersection of K Street, Tioga, and Kensington Avenue, directly across the street or attached to abutting the Tioga-Market-Frankford elevated line station.

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The applicant seeks approval today for a variance to provide surface parking on this lot.

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As you can see in the photographs, let me blow this up.

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Again, here is the Tioga train station.

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The parking lot comes in from Tioga, I mean from K Street.

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It's a one-way circulation coming in through K Street out towards Tioga.

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These are dated photos from Google Earth showing that this was a rubble-strewn lot that was, at one point or another, used as garages of some sort.

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Again, looking at the lot coming in from K Street, you can see that it comes in and turns left out the Tioga.

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My client also owns, through another entity, what is now a renovated triplex.

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Those individual tenants in that triplex utilize the off-street parking, as well as, if you look, again, this is the renovated triplex adjacent to 3510.

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This is known as 3512-14 K Street, again, renovated, permitted as a triplex, as a matter of right, because the property is owned RM1, as you can see by the permit.

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They also are the owners of 3500 Kensington Avenue, which is located around the corner.

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That is a permitted personal services.

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It's a nail salon on the first floor with two residential dwellings above.

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It's an odd-shaped triangular piece, which is typical in the Kensington-Harrogate area,

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especially properties abutting on Kensington Avenue.

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You've got many of those triangular properties.

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But as you can see, Mr. Minosis made some painstaking renovations and restorations of that property,

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And it is now currently occupied. Those folks, again, utilize the parking at 3510 K Street in conjunction with those uses.

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As far as the property itself, again, you'll see this here is 3500 Kensington Avenue, and this property here is 3510 K Street.

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When you look at the photographs of the before and after, you can see that it was a surface, you know, concrete surfaced a lot at one point in time.

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And then this is looking in from the Tioga Street side.

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Again, you can see the hard surface with the fenced in lot.

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My client took painstaking efforts to replace all the concrete along Tioga Street.

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You have nice detailed ornamental fencing with you'll notice the the lighting on top of the posts provides a security lighting for not only for the sidewalk, but for inside and the parking area as well.

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As far as zoning history, the only thing we could find on this was an old zoning card.

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And the last registered use in that file was from 1954.

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It was a processing and distribution of frozen foods, so there was some sort of commercial use on this property dating well back.

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So there was some sort of commercial use on this property dating well back before our times.

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With regard to the Harrogate Civic letter, I would point out to the board that their position, I believe, is retributory in that the only reason they're opposing it is because he paved it without prior approval from the city of Philadelphia.

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However, my client, believing that it was a hard surface lot and he improved it, was permitted to do so by Wright.

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