civus
Hearing video

ZBA Hearing - October 26, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 26, 20224h 56m

And after many discussions, after a high degree of cooperation with the developer, we finally were able to reach an agreement in terms of a CBA.

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And I think in the eighth iteration of plans, we finally reached a final agreement on elevations and construction plans for the project.

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So we are quite pleased to support the project.

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I want to commend Mr. Mosheyev for his cooperation during this entire process, something that's

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rarely seen in these types of negotiations, but we were pleasantly surprised with this

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developer.

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So the Spring Garden Civic Association fully supports this project as presented, and we

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would ask that the board approve such requests for appearances.

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Thank you, Mr. Navarro, and thank you for calling in your interest.

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Is there anyone else in the virtual audience?

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I see no hands, Chair.

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Planning Commission?

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Good afternoon, Chair and members of the board.

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This is Greg Waldman from Planning Commission staff.

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Greg, for the court reporter, could you spell your name, please?

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Certainly.

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My first name is Gregory Gregory, G-R-E-G-O-R-Y, last name Waldman, W-A-L-D,

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as in David, M-A-N as in man. Right. Do you swear for him to tell the truth, the whole truth,

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and nothing but the truth? I do. Proceed. The comprehensive plan recommends no change to the

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existing residential single-family zoning at this location. The appellant's property is an

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irregularly shaped 4,798 square foot vacant lot, creating a hardship for complying to some

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dimensional requirements in the code the proposed height which is a foot higher than is what what

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is permitted is the minimus as well as ingress and egress provisions since they are accessed

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from Pennsylvania Avenue and not the parkway if subdivided the 4,798 square foot lot will permit

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more than the proposed two units however front-loaded parking does not currently exist on

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the block northwest of Judson Street and there is no hardship for providing it on an existing vacant

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lot the city planning commission recommends the zoning board with granted variances with the

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following for um i'm sorry the following condition no front loaded parking okay thank you

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is there anyone else in the virtual audience

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mr ward do you want to respond at all well uh mr chair uh the the uh the the scale and scope of

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these residences, again, we could have shoehorned more units in there by right, but we want to

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build a quality product. And in order to attract the right buyer for this quality product,

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they expect off-street parking spaces. Given the fact that Spring Garden Street and the 25

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near neighbors that attended the meetings have no objection to the off-street parking,

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we would ask that the board approve it. And again, even the Planning Commission acknowledges

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that it's not on the parkway and that, you know, there is parking on the other side of Judson

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Street that is off-street parking. All right. All right. Thank you. MI 2022-003-670-2337-41

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Pennsylvania Avenue. I vote yes with the following provisos. One, per amended refusal dated 9-22-22

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and two, revised plans, two pages, stamped by ZBA, October 26, 2022.

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Carol Tenere, my vote is yes with provisos.

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Thomas Holloman, my vote is yes with provisos.

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James Snell, yes with provisos.

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Thank you, counsel.

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Thank you very much. I'll see you at 3.30.

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Number five, MI-2022-004-232-510-North Broad Street.

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Adam Laver is the attorney.

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There is a letter of support from Spring Garden Civic Association.

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Mr. Laver is coming back in as a panelist.

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Thank you.

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Good afternoon, Mr. Chairman, members of the board.

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Hi, Mr. Laver, could you identify yourself and spell your name for the court reporter, please?

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Yes, sir.

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Adam Laver, L-A-V as in Victor, E-R, blank Rome, 1 Logan Square, Philadelphia, 19103.

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Blank Rome, 1 Logan Square, Philadelphia, 19103.

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Right.

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

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Yes, I do.

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Could you identify your client in the relationship to the property?

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Yes. Blank Rome represents 510 Broad Partners, LLC, an Altera property group company,

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owner of the subject property at Broad and Spring Garden Street.

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Our vice chair has a few questions.

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Hi. Good afternoon, Mr. Labor. Do you agree to waive the reading of the refusal and stipulate

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to its accuracy? Good afternoon, Mrs. Tenere. Yes, I do. Have you emailed proof of ownership

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tax compliance, refusal referral, photos under plans of the property five days in advance of

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this hearing? And have you met with the RCO? And do you have a letter? Yes. Okay, great. You may

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proceed and begin sharing your screen. Thank you very much. As I mentioned, we are looking here at

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the relatively new development located at the northwest corner of Broad and Spring Garden

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streets in the Spring Garden neighborhood. In addition to representatives of the ownership,

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Nate Kranz, K-R-A-N-Z, of Planet Fitness is present for this hearing, as the hearing concerns

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the use registration of a second floor tenant space within the existing new building.

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The development itself, which is existing, as the board I'm sure is aware, is a full city block

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fronting on Spring Garden Street, which we can see at the forefront of this photo, running through

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or north towards Brandywine Street bounded by Broad and 15th Streets. In the photo up on the

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screen, we are looking along Broad Street facing southwardly. We have the residential entrance here

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before you. The zoning for the property is CMX4 zoning. However, the property is located within

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the broad street area north control district overlay which brings us before the board today

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the development that exists is seven stories it's mixed use there's a 50 000 square foot giant

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supermarket at the ground floor 410 residential apartments ample underground parking with

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a couple levels underground and other commercial uses the notice of refusal is up on the screen

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there's one use refusal. A Planet Fitness gym is proposed in a space on the second floor,

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and the Broad Street Area North controls prohibit personal services, of which a gym or a fitness

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center would be included, without zoning boy variance relief. We are very pleased that the

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coordinating RCO, the Spring Garden Civic Association, supports the new tenant use,

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noting in their letter we believe the fitness studio will be an attractive amenity for the

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residents of the new building and for the broader community as well with no potential adverse effects

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here mr chairman and members of the board are a couple interior photos

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to the left of the screen would be looking out along spring garden and the right in the distance

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15th Street. The proposed planet fitness would be located within an approximately 21,000 square

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foot space on the second floor. It's raw space, as you can see. It's the northeast corner of 15th

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and Spring Garden. One of the nice features of this space are the light-filled windows along

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both Spring Garden and 15th Street. Although this floor plan is a bit difficult to see because it

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has so much in it. The fitness facility may be entered through the underground parking garage

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or from the Spring Garden street pedestrian entrance by both residents, neighbors, and

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members of the general public alike. The gym would be proposed to be open seven days per week,

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which is a nice thing to have life as part of this new development and part of the community.

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It would employ 10 to 12 individuals with four to six employees present at any one time.

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And a nice feature from a traffic perspective is that validated complementary underground parking is included with the membership.

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The proposal fits into the surrounding neighborhood as evidenced by the support of the coordinating RCO.

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The variance would represent the minimum variance to afford relief and represent least modification

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possible of the regulation at issue with the overlay. The variance would not substantially

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increase congestion in the public streets, danger of fire, or otherwise endanger the

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or otherwise endanger the public health safety or general welfare with the new development already

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public health safety or general welfare with the new development

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in place this fits in and it fills a need that is uh anticipated this will not uh adversely affect

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transportation on dually bird and water sewer school park or other public facilities there are

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no environmental issues at the appropriate time mr kranz nate kranz of planet fitness the proposed

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tenant is here to adopt and affirm as our members of the Alterra Property Group team if there are

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questions. Thank you. Why don't we have the person for Planet Fitness adopt your testimony?

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Thank you. Mr. Kranz, would you kindly raise your virtual hand? There he is.

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I'm here. Hi, could you state your name, please, and spell for the court reporter?

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Sure. Nate Kranz, N-A-T-E-K-R-A-N-Z.

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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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Proceed, counsel.

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Thank you. Good afternoon, Mr. Kranz. Could you kindly state your position with Planet Fitness?

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Sure. I'm the vice president of real estate for the third largest franchisee in the Planet Fitness system.

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Thank you. And have you been present for the entirety of this virtual hearing this afternoon?

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I have. Would you adopt and affirm the testimony that I've offered as your own?

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I do. Thank you, sir. Questions from the board? No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair, Planning Commission. Good afternoon, Chair, members of the board. This is

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Greg Waldman, Planning Commission staff. The comprehensive plan recommends no change to the

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existing commercial mixed-use zoning and dislocation.

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The refusal for the proposed second floor conversion

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to a gym in a mixed-use building

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is triggered by the Broad Street area,

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North section within the central district overlay.

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The proposed second floor gym

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will not cause detrimental impacts to the neighborhood,

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does not conflict with the purpose

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and spirit of the zoning code.

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The city planning commission recommends

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of the Zodiac Board grant the variance. Thank you. MI 2022-004-232-510-North Broad Street,

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I vote yes. Harold Teneri, my vote is yes. Thomas Holloman, my vote is yes.

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James Snell, my vote is yes. Thank you, Counsel. Thank you, Mr. Chairman, members of the Board.

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Number seven, MI 2022-003-649, 3000 West Schoolhouse Lane. Peter Kelson is the attorney. There are letter of support from Coordinating RCO East Falls Zoning Committee, letter of non-opposition from Fox Lane RCO, and a letter of non-opposition from Curtis Jones.

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We also have four letters of opposition from neighbors, and we also have Mr. Charles Miller, who is an attorney who's representing property owners who live near adjacent.

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So could Mr. Kelson and Mr. Miller both come forward?

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Good afternoon, Mr. Chairman, members of the board, Peter Kelson, K-E-L-S-E-N, counsel to the William Penn Charter School.

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Thank you.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Mr. Miller?

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Yes, I'm here.

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Can you state your name, please, and spell for the court reporter?

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It's Charles Miller, C-H-A-R-L-E-S-M-I-L-L-E-R.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Would you identify your clients, please?

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My clients are Slobodan and Zhivana Bucetic. They reside at 3817 The Oak Road.

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Thank you very much. Mr. Kelson, you start your case, please.

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Thank you. If I could, I'd like to promote Jared Klein to share his screen, please.

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Sure. Thank you.

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Mr. Klein is coming back in as a panelist.

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Okay.

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okay so well excuse me excuse me carol go through her uh vice chair go through her question i'm

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sorry i'm sorry carol can i do can i do both lawyers at the same time or do they have to

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be individually done it's just mr kelson he's just mr kelson yeah okay mr kelson where are you

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do you agree with reading of the refusal and stipulate to its accuracy i can stipulate to

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all of the refusals, with one exception, Ms. Fanari, the slope refusals,

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With one exception, Ms. Tenere, the slope refusal, and this is the refusal that is noted at Exhibit No. 1, 921-2022.

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It was added post our appeal.

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It deals with a refusal that you will see steep slope protection restrictions on disturbance.

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I would point out to the board, and there will be testimony later, we are not disturbing any natural slope. These are existing conditions, and therefore man-made conditions, and therefore do not fit into that refusal category. Other than that, I stipulate to the accuracy of the other refusals.

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Okay, great, and thank you.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, or referral,

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voters under plans of the property, five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter?

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Yes to all of those.

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In fact, there are a number of letters from two of the RCOs shown in the exhibit packet,

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East Falls Community, as well as Fox Lane RCO,

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And I believe that there is an email from Councilman Jones's office in non-opposition as well.

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Okay, great. You may proceed and your screen is up.

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Great. Thank you so much, members of the board.

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Once again, Peter Kelsen, on behalf of Penn Charter, I would indicate that we will present our case today on the basis of the proviso plans, revised plans that reflect changes made throughout the community process.

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They can be found at Exhibit 6 in the package.

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Members of the board, the site is the campus of the William Penn Charter School.

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It is zoned RSD1.

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The site has been existing as the campus of the school for quite some time, as you'll see from the deed, 1903.

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It has been the subject of numerous zoning board hearings.

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Ms. Tenere will remember most recently in 2019, the board granted approval to erect an athletic and wellness center at this location.

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Because we're zoned residential, any new development or use requires zoning board variance approval, variance approval.

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So let me describe simply the site area dimensionally, what exists on the site, and then we'll talk about what we propose to do today.

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The total site area for the campus is 1,327,935 square feet.

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The total occupied area is 230,000 square feet, and the total amount of floor area ratio, gross floor area, existing on site is 483,250 approximately.

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It is subject to the Wissahick and Watershed overlay, and you can see a demarcation line. That regulates our impervious coverage, which is one of the refusals before you today.

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Okay. What is our proposed project? Well, if you will note, we are proposing to demolish existing structures. They include the Dooley Fieldhouse and portion of what was the current lower school.

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and what we're proposing to do is to erect a state-of-the-art new lower school and reallocate

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and actually add additional parking within the campus. Mr. Kelson excuse me but could you show

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on the map where that is? Absolutely if you can see the cursor right this is this is the area of

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the new lower school, and if we move the cursor up to the top of the plan, you will see that there's

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additional area proposed adjacent to what we call the Timmins House for enhanced parking

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that we're creating. But does that help, Mr. Chair? It does. And just out of curiosity,

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Could you let me could you say what streets we're talking about here?

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So I go by a lot, but I'm not sure where.

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Could you just give me an idea where that new building is?

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Absolutely. So the primary streets are there is Schoolhouse Lane.

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The primary streets are, there is Schoolhouse Lane, as indicated here.

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There is Fox Street.

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There is, and this will be part of the discussion you'll hear in a little while, the Oak Road off of the site at the very top of the plan.

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