civus
Hearing video

ZBA Hearing - October 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20205h 56m

in the zoning code we believe this is the hardship and that's why we're here today

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with this piecemeal approach essentially creating the brewery use which is not provided under the

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code. If I can share my screen here.

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Can the board see this then?

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So this is the application from 2016. As the board can note, for this space, the Wissick

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so this is this is the application for uh from 26

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and Brewery, the application was for Tasty Groom accessory to the already approved adjacent

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brewery. And also noted on this application was the retail sales of beer, clothing, and

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souvenirs, as well as assembly and entertainment. Those same uses are subject to this current

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refusal before the board the board did approve this project back in 2016 when the zoning permit

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was issued it only reflected the sit-down restaurant it was the applicant's understanding

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that those uses were included within that initial approval related to the

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L&I issue with the use, L&I has issued guidance related to this brewery, but if by issuing

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this guidance, L&I has also acknowledged this use of a modern brewery does not exist under

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the zoning code and that any applicant for a brewery must apply for multiple uses under

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multiple categories the effect of which has been practically on breweries in the city

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is to appear before this board and have to receive relief of some sort in order to accomplish that

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end as i mentioned at the beginning we have received the support of east falls community

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council after meeting with them subject to the proviso of no outdoor events of amplified sound

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That is not something that Whisk and Brewery intends to do. It's not in the nature of

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the business model, which Mr. Gill will attest to later on in our presentation.

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We have also received a letter of non-opposition from the Councilman Mr. Jones, a letter of support

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from East Falls Forward, also a registered community organization for the East Falls area,

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and a letter of support from the east falls development corporation

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which represents and advocates for the advocates for the business community within the east falls

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area as i noted uh we're here for a list of uh uses that are uh listed on the refusal um one being

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the uh that the fact that this was before the board previously uh what we're asking for in

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terms of that is that these uses are applicable to the entire structure both the tasting room area

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and the brew house area as well as the outdoor area and those uses include the sit-down restaurant

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use as well as the retail sale of apparel beer and food items souvenirs and other consumer goods

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assembly and entertainment and the personal service and the reason that personal service

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use has been identified by L&I is because Whistakin Brewing Company offers a recreational

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yoga session. It's an opportunity to bring customers into the brewery. It's about 20

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people who are instructed on yoga and then enjoy the facilities outside of that. As I stated

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previously, we received that sit-down restaurant use in 2016 and understood that that approval

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included the retail sales of beer clothing and souvenirs as well as

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assembly entertainment what what our application represents in its entirety

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is the ability for Wistic and Brewing to take the uses on this property and use

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them throughout the property as you can see here this is Wistic and Brewing

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company it is on the is accessed you know the address is 4705 ridge avenue it's accessed on

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schoolhouse lane just above ridge avenue and kelly drive you'll see it's a decently sized facility

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that includes both an industrial part and the gathering space

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uh to take you inside to give the board an idea of how this works these are pictures of the uh

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what operates now is the tasting room under the sit sit down restaurant use

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um this is the interior shot it's a gathering space for the community

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it has become very popular in the community uh plenty of gathering space inside however this

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plenty of gathering space inside however this this area which is on the screen now is the

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this area, which is on the screen now.

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brew house area during hours when this property is not open to the public this is where the beer

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is made canned distributed but in in hours when brewing is not in effect the concept here is to

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use this additional space which is very large very open it has significant access to the outside

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including two manned doors and three garage doors two of which are pictured

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here as overflow space can provide for a larger group seating and this is where

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those activities such as yoga or indoor cornhole league or quizzo night or some

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some type of accessory space to the main tasting room area can be accommodated

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as you see it's pretty pretty wide open here and this is the view outside furthermore I

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do I do want to hit back on the fact that this this use is not provided within the

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zoning code and we we find that to be an issue because every brewery including Wissigan Brewing

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it has to go piecemeal for these uses it's not a true industrial use it's more than a retail use

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it's more than a commercial use and the limitations of a sit-down restaurant use do not fully encompass

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that the understanding by the public that this is a gathering space a place to spend the day

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a place where you can go and do other accessory activities that might not take place in your

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average restaurant um and one last thing before i asked mr gill to come on uh the brew the wissigan

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brewery did conduct a survey at the request of uh east falls community council uh to to see uh to

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garner support and where that support is coming from um this is a petition that was done in a

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combination of uh an online survey form as well as uh response cards at the at the table individual

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use response cards that were turned in the brewery received 906 responses of those 255

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were directly in east falls those are community members that are coming to the brewery and are

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supportive of the continued use of the property in this manner and another you know 428 were from

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within the city of philadelphia this is a philadelphia business serving the east falls area

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and is committed to supporting the community that is very community-minded in both what it does,

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what it provides for the community, and also the interest takes in community in initiatives and

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supportive charities that are relative to the community. I'd like to ask if Mr. Gill can be

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recognized at this point good afternoon sir

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mr gill good afternoon please identify yourself with the record

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spell your first and last name good afternoon mr chairman and

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um members of the board my name is timothy gill

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t-i-m-o-t-h-y g-i-l-l and i am the president and owner of the

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sick and brewing company thank you swear and affirm to tell the truth the whole truth nothing

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but the truth i do thank you please uh proceed mr halyak thank you mr chico uh mr gill did you

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hear my testimony i did uh do you uh adopt as your own and testify to its accuracy i do uh mr gill in

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addition to my testimony can you please describe for the board um what uh is involved in what we

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consider the modern brewery use the same uh your model i don't want i'm sorry for interrupting i

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i don't think we need to go that far we have a number of other cases i think we we get the

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picture but thank you no disrespect but all right mr chairman i just like to know uh sharon again

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what was that proviso was that no additional no outdoor events with amplified sound yes that's

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right was there any other proviso just that okay thank you questions

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no no no anyone else would anyone else like to testify in this case if so please raise your hand

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thank you planning commission good afternoon chairman members of the board

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Ian Litwin, Planning Commission staff.

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As stated by the applicant,

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the zoning code does not include

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an appropriate single-use category

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for the multiple functions of a modern microbrewery,

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forcing these applications to appear

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before the zoning board to get community input.

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Seeing as there is strong community support

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for this proposal,

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we do not oppose granting the use variances.

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Thank you very much. MI 2020-001283, 4705 Ridge Avenue. My vote is yes with a proviso. No outdoor events with amplified sound.

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Thank you very much.

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MI 2020-0012...

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Thank you and good luck Mr. Gill.

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Thank you very much.

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Next one up is MI-2020-001236-5001 Umbria Street.

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Do we have an attorney here for Umbria?

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Mr. O'Brien on our sheet.

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anyone here for 5001 umbria street i'm promoting mr o'brien to a panelist you can unmute yourself

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sir and wait to be sworn in good afternoon mr o'brien please identify yourself with the

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records, spell your full name, and I'll swear you in.

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Mr. O'Brien, you have to unmute yourself.

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Ah, I'm sorry.

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There we go.

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Good afternoon, Mr. Chairman.

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William O'Brien, 4322 Main Street, Philadelphia, 19127, on behalf of the applicant, Acre Street

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Partners, LLC. With me here is Steve Oszewski, O-L-S-Z-E-W-S-K-I, a managing member of the

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company. And also on this meeting is Chris Karakoff, the project architect.

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We're going to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you, please.

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Do you agree to waive the reading of his refusal and stipulate to its accuracy?

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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 or referral, photos and plans five days prior

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to this hearing?

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Yes, I have.

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

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Yes, I do.

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Thank you.

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Please proceed.

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Thank you.

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if i may share my screen um uh go through the exhibits with you briefly um the uh just for the

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record the tax clearance certificate uh and deeds are at pages 43 and 44 of the exhibit package

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Page 2 is the refusal. This proposal has two use refusals. One is for multifamily dwelling

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use. This is located in an industrial commercial mixed zone and residential is prohibited.

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And the project proposes to disturb some steeply sloped area, approximately 6%. Strict application

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the code presents a hardship and i'll address those issues briefly as i go forward pages

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three and four are the letter of support from the ridge park civic association the development team

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met with the zoning committee of the civic association and then following those meetings

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there were two community zoom meetings one on september 8th the second on october 6th

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At the October 6th meeting, I think there were over 75 participants, and the vote, as indicated

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in the Civic Association's letter, was 50 in favor and six opposed.

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I believe Marlene Scheffler, who's the president of the Civic, is probably on this meeting,

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and there is one request.

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uh the civic association has long expressed concern regarding umbria street has a lot of

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vehicular traffic and it's also an essential link between the bicycle path along the schuylkill river

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between kelly drive and the schuylkill river trail so it's been a lot of bicycle traffic and

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the civic is hopeful that this development if approved uh will be the

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provide the opportunity to create some traffic calming measures. And the Civic addresses that

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in their letter in the last paragraph. Moving on to the project itself. This slide represents

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the location. It is on Umbria Street, as I mentioned. It's between Parker Avenue and

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Umbria Street. And in the bottom photo, you'll see the railroad. That is the R6 commuter

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And in the bottom photo, you'll see the railroad, that is the R6 commuter rail line between

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I don't know.

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Norristown and Center City.

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And the current uses next door is a 56 unit townhouse development.

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And then up on Parker, you see mostly single family homes, the same thing on Paoli.

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These are semi-detached single family homes is a single family detached home.

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uh the current condition uh it's a composed of three different parcels uh on umbria street

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there is the 200 foot frontage the lot itself is not that deep it's about 15 000 square feet

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and then above it is a larger lot it's about 71 000 square feet with a driveway from paoli

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combined it's a little bit it's about two acres combined the proposal is to consolidate those

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three lots into one lot and the let me just bring this up this image is an aerial rendering of the

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proposed structure uh it would be two buildings uh one on umbria street uh the second on the paoli

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avenue site uh the umbria street building has uh 53 apartments uh and uh 19 parking spaces

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um or 22 parking spaces rather and the paoli building above it uh is 125 apartments

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with 92 parking spaces for a total of 114 parking spaces and 178 units.

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The location of the site is proximate to both the 62 bus, the 35 bus, and as I mentioned,

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the Ivy Ridge train station. The use, although it's not currently permitted in the ICMX zone,

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it is what was recommended in 2014 by the planning commission the planning commission

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identified two areas in the 21st ward to receive attention one was whistic and transfer station

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whistic and maniunk area and then this is the ivy ridge station area that was also indicated for

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a change in in use the property at issue is right where i'm holding my cursor and this area was

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considered to be best used going into the future for transit oriented development mixed use

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residential commercial the site and let me bring this down so it can be seen

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the site is affected by two areas of steep slopes the area at the top that i'm pointing out is a

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naturally sloped area that will not be disturbed the umbria street lot has a area of steep slope

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which I'm indicating here it's about six percent of it well it's a little bit less than six percent

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of the site and that is not a natural slope the slope above at the east end of the property is

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natural this slope was created when this plateau was extended probably about 30 years ago by a

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former owner. The zoning plan, there is a proviso plan for revisions. They're very minor. There

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originally were two curb cuts on Umbria Street. The Civic Association preferred one cut and

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that was that was done and then uh there was a gate uh shown on the paoli avenue entrance

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the cdr process that was removed and there was a walkway pedestrian walkway introduced between

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paoli avenue and the paoli building other than that there are no modifications to the original

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plan presented to L&I. These are images of the Umbria Street building. It is five stories with

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the fifth story a different material and set back so that it's sensitive to the streetscape

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and it also includes a commercial space which is shown here as a possible restaurant.

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This is an image of the same facade from a different angle showing the entrance,

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the one entrance in the lobby area. The next two slides show the Paoli Avenue driveway entrance,

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its landscaping and the pedestrian walkway and the final image is a just showing the facade of the

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Paoli Avenue building.

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the rest of the slides are site sections elevations and floor plans uh landscape materials um i'd be

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happy to go through each of those um but let me first introduce again steve washefsky yeah would

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you please be sworn in perhaps mr chairman sir please identify yourself spell your first and

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last name uh steve oshefsky it's s-t-e-v-e last name is o-l-s-z-e-w-s-k-i i am the managing

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partner of baker street partners you're swearing for him to tell the truth the whole truth nothing

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