civus
Hearing video

ZBA Hearing - August 25, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 25, 20203h 40m

Nope, you can't do it.

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Take care.

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Goodbye.

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Thank you everybody.

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Calendar number 39531, 1400 South Newkirk Street.

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The attorney is Eric Carroll.

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Hi, ZBA Zoom, DPZ Zoom?

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Pauline?

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Oh, yes.

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I'm sorry I lost connection earlier so can you reinstate me as a co-host yes sorry Tanya no

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worries let me let me jump in right now hold on okay Carol yes before we begin we skipped over

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the first case that was the one that Brett Feldman had asked us to hear and hold for a couple of

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weeks oh i thought we were continuing it for a couple i figured i figured you thought that so

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let's go all due respect to whoever the number three is let's go back to number one no problem

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okay sorry mr carroll calendar calendar number four zero zero four seven one two one three one

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outside parcels at 12-12131 Knights Road, and we're specifically in Tenant Space 23.

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I'm joined today by Michael Puglisi, who is the COO of this nonprofit, Kid Smiles,

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and I'll return to him towards the end. I've got exhibits 1 through 13, which I'd ask to be

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incorporated into the record, and I'll get right to the information. We have our lease.

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Scroll through this.

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We have our tax clearance at Exhibit 1B.

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Right there.

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We have our zoning map.

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This is zoned CA1, shopping center designation.

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That's the shopping center up in Franklin Mills, and then these are photographs, Ariel, of the property.

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This is the complex.

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We are the star right here.

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This is where we are.

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We are the star right here

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in this large shopping complex

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and then I'll show you pictures.

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Here's actually photographs of the site.

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Here's what the rooms would look like

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with the dental chair in it already.

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That's what the outside is, that would be our space here.

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The side, again that's the interior, it's very well suited for a dental office.

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and then here is more information about kids smiles as i said

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a non-profit in 2001 they take care of approximately 17 000 children and this would

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really kind of fill a hole in their programming. There's a significant need in this Northeast area.

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They've already reached out to the School District of Philadelphia, Catholic Charities,

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to be able to provide some of these services in the area. And again, the refusal, it's allowed

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under the zoning district, but this is up in the Northeast zoning overlay, which doesn't allow any

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group medical, dental, and health practitioner without zoning board approval. They're already

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I believe, multiple medical uses in this immediate area, as the board has seen.

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Here's a floor plan briefly showing approximately, I think it's 10 rooms that we'd be able to

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see patients.

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We can, if you have any questions, but that's the setup of the office.

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And again, this is in the Northeast Overlay, which prohibits any group medical, which this is, without zoning board approval.

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With that, I would ask the board, we contract, like the other locations, for medical waste with Stericycle.

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We have internal trash storage.

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And I just really think this is an important need in the neighborhood.

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and look forward hopefully with your approval

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becoming a part of the neighborhood at this location.

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This use has been significantly delayed.

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We thought we would have approvals

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and many, many months ago

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and as a nonprofit dental,

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you can imagine the COVID-related challenges

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that they're facing

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and that's why I was trying to be so insistent

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on trying to get this moving ahead today

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because of trying to keep this project alive.

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With that, I'd ask if the zoning board

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has any further questions that I can answer or Mr. Puglisi can answer.

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Questions from the board?

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No.

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Anyone else who wishes to testify, please raise your hand at this time.

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No hands are up, Chair.

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Thank you, Tanya. Planning Commission.

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Thank you.

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Tanya, Planning Commission?

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Good morning, Mr. Chairman and members of the board. This property is zoned for commercial

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Good morning, Mr. Chairman and

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auto use with zoning overlay. The city's comprehensive plan recommends commercial

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auto use. We do not believe the addition of a medical office to a shopping center will have

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an adverse impact on the block. Accordingly, we have no objection to granting this variance.

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Thank you. So this calendar number 40047-12131 Knights Road, space 23, this matter is being held for two weeks pending communication from the RCO and or the council person's office.

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Yes, the record will remain open. A limited hearing will be scheduled two weeks from now, at which time Mr. Feldman can report back on the progress with the community organization and anyone wishing to testify can do so.

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Thank you.

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And Ms. Saleta, so we're just put back on the agenda for two Tuesdays from today.

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If I could interject, we have to do it three weeks, Chair.

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Yeah, because of the holiday, right?

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Yes.

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Okay.

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You have Labor Day holiday, so we're off that week.

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It'll be three weeks.

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Okay.

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Thank you, Tonya.

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And may I just have the CEO of Kids Smiles adopt my testimony?

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Yes, please.

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Mr. Palfrey, can I add one more thing?

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Is there a chance that you could have it done in one week?

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Absolutely.

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Absolutely. This has been a very challenging community process. We had a meeting scheduled on Thursday. The meeting started. It stopped. We have not heard what happened. I'm not aware of any concerns about this use.

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um mr chair if if one week i mean if if we're ready to meet at whenever if the rco meeting

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can be held in one week would fine yeah so why don't we do this as soon as you're ready as soon

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as you have uh communication with the community group if it's a week fine okay and i'll figure

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three weeks at a maximum we should have it done by then

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And if they choose not to have a meeting, I mean, I, you know, I don't

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Well, you'll just let us know that. Yeah. Okay. Okay.

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Thank you.

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Communicate that to Tanya and Sharon if they, for some reason, they don't have a meeting.

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Thank you.

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And thank you to everyone for making this possible today.

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Thank you.

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Thank you.

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Calendar number 39531, 1400 South Newkirk Street.

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The attorney is Eric Carroll.

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Good morning.

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Can the panel hear me?

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Yes.

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Mr. Carroll, can you put your name and address on the record?

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Yes.

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Good morning.

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Hi.

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I'm sorry.

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I missed what you said, Ms. Tenari, because there was a rejoining process where my computer

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it was buffering for a couple seconds. Okay. Can you put your name and address on the record? Then

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I have two other things to ask you. Yes. Eric S. Carroll on behalf of applicant T. Chris LLC.

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My address is 150 North Radnor Chester Road, Suite F200, Radnor PA 19087. And do you swear

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or affirm to tell the truth and nothing but the truth? I do. Do you agree to waive the reading

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of the refusal and stipulate to its accuracy? I do. Thank you. You may proceed. Thank you.

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I'm here. I believe Chris Tomasco and Brian Rodano should be on the Zoom with me. They are the members of the applicant, T-Chris LLC. T-Chris has purchased 1400 South Newkirk, which is a corner lot in the East Point Breeze Neighbors Association. If you'll just bear with me, I'm going to try and share my screen.

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Can you see the pictures of the intersection?

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yes okay so that empty lot is where we want to build this property is currently zoned cmx one

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we do not want to build ground floor commercial with an upstairs apartment what we want to do

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is build a two-story structure where we can have two residential family units

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so we're seeking three variances today one is for the use i just mentioned

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the number two and three are for the minimum open area and for the minimum

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rear yard depth. If you look at the back of the neighboring property you'll see

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that on the first floor it bumps out all the way to the rear property line. What

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It bumps out all the way to the rear property line.

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What we're trying to do with having a rear yard of only six feet as opposed to the required nine is to bring our property in line with the rear of all those properties that run down that part of 1400 South Newkirk Street.

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we're trying to do

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So we're seeking the variances really to make our building flush and uniform with the rest.

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the variance regarding the two family unit this neighborhood is largely residential

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you'll see on this intersection i'm showing you now there's a vacant store caddy cornered

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and there's empty lots there's we talked to the neighbors they don't really have any interest or

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a corner store or any other kind of commercial use and they support the the two families as

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opposed to the one family with a commercial space. We went before the

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Grace Ferry Community Council earlier this month. They approved our plans,

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which I'll bring up right now.

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So we are seeking to build a pair of these plans that I'm showing right now

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on that corner lot. And if anyone has any questions, I or my clients will be happy to answer them.

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Does the board have any questions?

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Frank, you're off.

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Okay.

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Questions from the board?

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No.

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No.

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Anyone else who wishes to testify in this matter?

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If so, please raise your hand now.

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We have Chris.

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chris you can unmute yourself and wait to be sworn in can you hear me

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and please please identify yourself chris full name and address hi hi my name is chris

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tomasco i live at 2864 south 15th street in philadelphia

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28 south 15th street yes are you uh representing the uh rco

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No, I'm the owner of the property.

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Oh, I'm sorry.

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Okay.

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One of the members of T. Chris LLC.

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Okay.

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Do you swear in front of him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Please proceed.

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Okay.

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I just want to state that we had success at the RCO.

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The neighbors liked our plan.

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And before the RCO meeting, I walked around personally around the neighborhood.

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and i got um like 72 signatures of support um i think i knocked on maybe about 75 doors only

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three or four people were not even that they were against it they just basically had no opinion on

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it so the neighbors that live on the block and and the surrounding blocks were in approval

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of having no storefront and placing a residential unit on the first floor and that's my only

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comment just that the neighbors are approving what we want to do and they're in support of it

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anyone else who wishes to testify please raise your hand

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no other hands are up chair thank you uh planning commission mr chairman and members of the board

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this property is zoned for commercial mixed use the comprehensive plan recommends residential

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single family we do not believe the addition of two units on a corner property will have an

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adverse impact on this block accordingly we have no objection to granting this variance

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thank you calendar number 39531 1400 south new kirk street my vote is yes my vote is yes my vote

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is yes my vote is yes my vote is yes thank you

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calendar number 39662 1628 ellsworth street mr carroll you've already been sworn in but put your

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name and address on the record thank you eric s carroll on behalf of applicant 1628 ellsworth

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llc my address is 150 north radnor chester road suite f200 radnor pa 19087 okay and do you agree

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Hold on, Carol, before you go. Mr. Carol, you still have the... Okay. All right. You're okay now.

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Sorry about that.

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Okay. Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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I do.

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Thank you. You may proceed.

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Thank you. As I said, I represent 1628 Ellsworth, LLC. They own this two-story building that I'm

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showing right now. This is the front and this is the rear. It is zoned RSA 5. We're seeking one

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It is zoned RSA 5. We're seeking one variance today, and that is for the use.

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variants today and that

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As RSA 5, we can't have more than one unit, but we're seeking a variance for two residential family units.

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First of all, when my client purchased this property, they realized that it was already a two-family apartment structure.

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So really, one thing we're trying to do is make the existing use legal.

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The second issue is what we're trying to do would be uniform with the rest of the block.

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Also, I should mention on our 1628, which on this screen is the one with the black exterior door,

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we will be putting a third floor on there, which we can do by right.

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And with our plans, we would still be under the maximum height restriction.

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