civus
Hearing video

ZBA Hearing - July 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20204h 53m

And so members of the board, now for purposes of the record, I'd just like to say that we

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have the refusals, appeals, and project information going to page one, area zoning maps at page

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seven showing this is an RSA five district. Deeds for the properties at page 14. My client's tax

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clearance is at page 24. The zoning notification letters that went out at page 26. We have 27

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neighborhood support letters, which my clients individually collected from their adjacent

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neighbors that were submitted in this packet, members of the board. In addition, I'm happy to

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put on the screen as well. Since I submitted this packet, my clients were able to obtain another 22

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two. Neighbor support signatures going out there in the heat. Even in the time of COVID,

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they were able to get those support signatures from neighbors. So we have overwhelming local

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support from the immediately adjacent neighbors. I do have photographs of the property that are

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also included in that packet that all of you should have received. But I believe that the

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Google Maps Street View really shows kind of what we're looking at here.

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What I'm going to do now, members of the board, briefly share with you the letter that we did receive from Fishtown Neighbors Association.

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Our meeting was held back in the beginning of March before the lockdown.

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We did not receive this letter until I reached out to a member of the zoning committee over the weekend.

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I'm pulling that up right now.

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members of the board shortly you'll see on your screen and i ask that it be incorporated into the

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record a letter dated july 20 2020 could you make that a little bit larger please yes

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and i can scroll through it as we go around as well so we had this meeting back on march 10 2020

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the letter is received that we received as dated july 20th 2020 we had nine people overall in

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attendance and it was a close vote. Four voted in favor, five voted against. That said, with the

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consideration of the 27 letters of support from local neighbors that were included in the packet

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and then the 22 letters that I have on my computer right now, happy to screen share with you

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momentarily, that we received in addition to those that I ask you to consider at this point that we

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do despite the vote that was at the community meeting held in early March. We do have overwhelming

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community support for this proposal. And I ask that you support, vote in support of the granting

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of this variance, all things considered in this case, members of the board. My clients are both

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present on the call. So I would ask at this time that they raise their hand so they can be unmuted.

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that I might ask them the requisite questions

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of whether they accept my testimony,

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whether they have anything to add for themselves.

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They both have been promoted to speak.

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All right, gentlemen,

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starting with you, Harsha, and then you, Pradeep,

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please state your name, spell your last name,

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and give your address for the record.

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sure thank you leo uh hopefully you guys can hear me uh my name is harsha dasby

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uh last name is j-a-s-t-i and i recite uh my my home address is 173 east allen street

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philadelphia pa 19125 in fishtown all right do you swear and affirm to tell the truth the whole

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truth and nothing but the truth yes i do sir thank you okay so harsha have you heard my testimony

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today? Yes, I did. Do you have anything you'd like to add at this point? No, thank you. Do you

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incorporate my testimony as your own for purposes of this hearing? Yes, I do. Thank you. All right,

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Pradeep, your turn now. Same thing. Please state your name, spell your last name, give your address

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for the record, and then wait to be sworn in before testifying. Okay, thank you, Leo. Hopefully

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Okay, thank you, Leo. Hopefully everyone can hear me. My name is Pradeep Thunigai Money. Last name spelt T-H-A-N-I-G-A-I-M-A-N-I. My address is 950 Shackamaxton Street in Philadelphia, PA, 19125.

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everyone can hear me. My name is Pradeep Thunnyguy.

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Now, Pradeep, you've heard my testimony in this case?

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Yes, I have.

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Do you have anything you'd like to add at this time?

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No, I do not.

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And do you accept my testimony as your own for purposes of this hearing?

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I do.

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Thank you.

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Members of the board, I'm complete.

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I'm happy to take any questions at this time.

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Go back to the photograph of your client's properties.

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Yes.

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One moment.

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So, Chairman, I'm going to go back.

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Did you want me to go back to the photographs of the posting that I have in my packet

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or to the Google Street View scene

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that I had previously put up?

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No, the photo of the property.

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It shows the rear of the properties,

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where the gates are that were leading.

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Ah, the site plan.

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Yes, one moment, please.

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It should be coming up

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on everybody's screen momentarily.

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Yeah, that's the plan,

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but there was also a photograph

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showing 950 and 153.

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that's if you can get that that would be helpful

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that's the one thank you yes so is the intention if this is approved to eliminate

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the steps leading into the yard?

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Yes.

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Staircase?

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They would be replaced.

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The steps would be removed

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and some sort of Juliet balcony up

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or bars or something similar to that

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would be installed in their place.

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This fence that separates them

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would go away?

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Yes.

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And we would be executing an agreement

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essentially between the two clients

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with respect to the rights

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and the rear yards

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that would be used for parking.

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The fence goes away and the two staircases go away.

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So the wooden staircase here and the wooden staircase that's here would go away.

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As with this, this fence here would be changed into some either sort of swinging gate or roll-up gate.

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My clients haven't yet decided on that yet.

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It was simply a matter of getting this ultimate proposal prepared and approved first before we made that final determination.

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i think if they put a roll-up gate they're going to have some issues if they ever decide to sell

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one or two both of those properties but all right um and that poll is not in the way right okay

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is there anyone now i'll get to the board next but is there anyone who wishes to testify in

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this matter please raise your hand and i will now ask the board

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any questions from the board no yes yes counselor have you gotten a

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streets department review of the curb of the new curb cut my understanding is that streets

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department review occurred with the initial submission of the materials by the architect kjo

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well i think the distance to the corner for a curb cut uh you might have a problem with

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so uh what i'm i'm referring to the plans that we've previously submitted i know exactly what

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you're talking about um with respect to the curb cut itself we are um just over if i recall 33

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three feet and three and one quarter inches from the corner from where the curb cut is proposed

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to be to the front of my client's building. So with regard to the actual distance from the curb

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cut itself to the corner, I believe we should be able, if we haven't already, should be able to

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comply with all streets department regulations with regard to that. Okay.

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Okay.

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Any other questions from the board?

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Tanya, anyone have their hand?

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Sure, you can go forward.

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Planning commission.

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This property is indicated for residential single family use on the city plan.

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The applicant has not demonstrated necessary hardship regarding the parking requirements of the Code.

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Standing policy, the City Planning Commission not to support front loaded private parking that will remove a public

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parking space leading to further traffic congestion and will negatively impact on pedestrian safety. We recommend the request for variance not be granted.

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Thank you.

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and members of the board just in response to the city planning commission understand that if we

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were asking for a one for one here i wouldn't i didn't have advised my clients to go forward

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with this hearing but since we're essentially removing half of an on-street spot to allow two

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vehicles to be parked and removed from the street it's our contention that ultimately we're helping

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allow for more vehicles to be able to be parked on the street within the existing confines

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Allen, Shackamax, and Delaware Avenue

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and the surrounding blocks as well.

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Thank you.

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Calendar number

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39402

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173

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East Allen

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950 Shackamax

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and my vote is yes.

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My vote is yes to both.

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My vote is yes to both.

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My vote is no to both.

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Okay.

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thank you members of the board have a nice afternoon thank you okay calendar number let me see

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calendar number 33 9334 242 south 8th street

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Ms. Adler, you have been promoted to a panelist. You can share your screen and speak as you

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wish.

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Good afternoon, ma'am. You agree to waive the reading of its refusal and stipulate

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to its accuracy?

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Yes, I do. Good afternoon. Thank you.

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Ms. Adler, please identify yourself for the record. Spell your name.

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Thank you. Blair Adler, B-L-A-I-R-A-D-L-E-R. I'm counsel for the applicant Donna Jean Welch

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Family LP and owner of the property, 244 South 8th Street. My address is 123 North 9th Street,

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Philadelphia, PA-19106. We're in a firm to tell the truth, the whole truth, and nothing but the

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truth. I do. Thank you. Please proceed. Okay. Good afternoon, Mr. Chair and members of the board.

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We're here today on client's application to utilize the property at 242-244 South 8th Street

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for a financial or wealth management office on the first floor. Also, they will self-occupy a

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part of that first floor unit. It's technically two units, 242-244. This is an application for

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use only. There's no construction being proposed. This is only interior renovations. But as we are

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in an RM district, the change of use has triggered the refusal here. This is a property that has

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been consistently used for commercial purposes, at least for the last 20 years or so since my

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client has owned the property previously. It was a medical sale, medical product sales, and

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they were also using it. It was also owner occupied as well for commercial purposes.

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Um, so the, um, the office use that they're proposing here will, um, be little to no,

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um, customers or foot traffic, um, the financial group, which is actually already in existence.

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It has other offices, um, in the, in the tri-state area.

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in the tri-state area. But they will only have maybe two, three employees. Actually, right now,

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Um, but, um, they will only have.

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probably most of them will be teleworking anyway. But again, they anticipate no real foot traffic

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and certainly no vehicle traffic. So it's a very light impact on this property here.

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And as the other portion of the commercial unit will be owner-occupied, it's the same entity that manages the residential units that are already existing and already rented out in the upper floors of this building.

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um so again you know to conform these spaces uh to use them for residential units when they have

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been used as commercial spaces for so many years would be a significant hardship um to the owner

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um this is a property that is surrounded by first floor commercial uses um they're located on

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8th Street between Spruce and Locust. We were before the board actually just a few years ago

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to legalize a yoga studio that operates in the commercial spaces right next door to this and

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it's still operating and is actually thriving there. So this use would be consistent with

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other uses both in the building and on the block and would not have a

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detrimental impact on any of the surrounding properties. I have submitted

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to the board in advance of the hearing a exhibit package and would you be able

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to share that with us? Yes, and I can, I'll share the package with you now.

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do you need the the entire package or would you just like the this the um table of contents page

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yeah some something that visual uh the plan the fort plan pictures of the property something that

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we can look at and comment on. There you go. So we're looking at the property. This is the

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north-facing view. Over here on the left side of the screen is the 244 entrance. The 242 entrance

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is a little further down, and then we've got the yoga studio, which is also part of this building,

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which is is the next door over but this is this is 8th street facing north this is the first floor

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of the building and so up till about here is how much space the um wealth management office and

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then um in in here as well as 242 and that's where the uh self and owner occupied management office

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will be. And across the street is University of Pennsylvania. They have medical offices

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all across the street here. Facing south, it's mainly still just offices

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adjacent and across the street from the proposed property.

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that that would be a panoramic of and this is the building as a whole so as I mentioned previously

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there um there's residential units above it is fully fully rented fully occupied um and

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And it's anticipated, as I mentioned earlier, that these uses would be pretty relatively light impact on the building.

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So most likely the residents wouldn't be disturbed by any of the activities going on here.

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Most likely the residents wouldn't be disturbed by any of the activities going on here.

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It would be business hours, Monday through Friday.

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And like I said, not that parking was part of this refusal, but there really is no foot traffic or vehicle traffic anticipated with these uses.

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Thank you.

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Do you have any witnesses?

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I do have my client who is on the Zoom today.

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I have Robert Welch, who is the general partner of the limited partnership owner of the property.

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Rob, can you raise your hand?

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You know what he would be under?

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let me see is it a device of yours not mine um is he calling in i think he's on an iphone but

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