civus

ZBA Hearing - September 15, 2021

Hearing video from Philadelphia Zoning Board of Adjustment (ZBA), Sep 15, 2021, 4h 44m

thank you any questions from the board no would anyone else like to testify in this case

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Thanks. Thank you. Any questions from the board?

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No.

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please raise your hand

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no more hands at this time chair

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we have

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we have Joseph

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McCarthy

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yes

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Mr. McCarthy please identify yourself

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spell your last name

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Mr. McCarthy

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while we're waiting for mr mccarthy planning commission

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good afternoon chair and members of the board my name is greg baldwin planning commission staff

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in 2001 the zoning map was amended from residential multifamily to single family

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residential at this location the applicant seeks to legalize a conversion to two dwelling units

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the applicant has demonstrated a hardship with bringing with regard to bringing the

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pre-existing building in accordance with the code accordingly we recommend that the requested

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variance be granted thank you mi 2021-002-014-5338 lena street or lena street my vote is yes

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Carol Tenere, my vote is yes.

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Professor Plaza, my vote is yes.

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James Snow, my vote is yes.

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Thank you.

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We go to case number 12, MI 2021-002166, 6211 Woodbine Avenue.

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Michael Marrione is the attorney of record.

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Overbrook Farms, RCO, sent a letter of support.

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Good afternoon, Mr. Marcioni. Please identify yourself with the record. You're still under oath.

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Thank you. Good afternoon again, Mr. Chairman. Michael Marcioni, Federal Reserve Bank Building,

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100 North Independence Mall, Suite 5A Northwest, Philadelphia, 19106.

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and every

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Carol

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Okay

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Do you agree to

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waive the reading of the refusal and

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stipulate to its accuracy?

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I do

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Have you emailed the exhibit packet with the required

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documents, proof of ownership

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tax compliance, refusal

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referral, photos under

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plans of the property five days in advance

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of this hearing and have you met with the

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RCO and do you have a letter?

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yes to everything. Thank you. You may proceed. Thank you. I think I'm in the clouds. I feel

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like I'm in the clouds looking out here. Oh, gosh. All right. And I have also with me,

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I represent Woodbine Street Partners, LLC. They're the owner of the property and hopefully

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the developer. And I have Gary Farrell and Sean Pincus, principals of the owner, also on the line

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today and i have up on the screen exhibits including the tax clearance the refusal and

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we're requesting variances to allow 14 residential units where 12 are permitted and for having no

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commercial uses in this cmx 2.5 zoning district we have the site plan floor plans renderings

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photographs support letter from the overbook farms club the coordinating rco and also a

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community benefits agreement that we've entered into

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with the Overbrook Farms Club, RCL.

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And the applicants did receive initially a permit

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for a 12-unit structure with ground floor commercial space,

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and they are seeking variances

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to allow them to construct the building

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without the commercial space

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and to convert the commercial space

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into two additional residential units.

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The proposal does not change the exterior of the property,

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which has been approved

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because this is in the Overbrook Farm Historic District,

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Neighborhood Conservation District,

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Section 145046 of the Code.

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They had to meet with and get approval

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by the Planning Commission,

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and after several meetings,

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they were able to obtain approval of the Planning Commission and the approved plans are on the

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screen and this is what was approved that's the daytime view with a nighttime view and the brick

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with a nighttime view and the brick facade stops at this level because that's where the older

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facade stops at this level because

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properties the neighboring property is and then above that they had a different facade that's

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what was recommended and that's what was agreed upon and what is there now it's a vacant lot right

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now it had been a vacant building now it's a vacant lot it's been a vacant lot for a while

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there's nothing you know there's nothing there this is a warehouse of some sort i heard it's

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and next to it is the uh there's a driveway and then you have the train tracks and this is just

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a weird driveway to get to the other properties it really doesn't go anywhere i have some photographs

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yeah are there any single homes around there not right in this area this is a um an interesting

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part of woodbine avenue as you can see there's the driveway i'm talking about that goes along

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with it there's no parking in front of the property let me just show a few more photographs

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so you can see the uh the context that's looking from across the street um

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here is looking um from 63rd street towards the railroad bridge as you can see these are all

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appear to be multi-family homes and they're all um they're also zoned cmx 2.5 i believe

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Are they rear garages or are they actually front of the front of the houses or they actually from they're actually the front, not garages.

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OK, from here, it looks like garages in there. All right. Just run down. There you go, Mr.

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I see additional photos. And that's the bridge. This is the properties right here on the side.

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That's the bridge. There's an auto repair facility here. Actually, that's that little corner is on ICMX.

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um and then if you go down let me just show a few more photos there's the auto repair facility this

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is the property as you see there's no parking on woodbine avenue on the side where the property is

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um that's directly across the street i don't know what that building is

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i couldn't find anything saying what it is it had a sign that it was an auto repair

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there might be some single family homes down the street there is an rsa 5 zone like five or six

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house is in the middle of their RSA 5. The rest of it's CMX 2.5, which is a multifamily

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and commercial zoning. As you can see, you have multifamily structure there. Those are those

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other properties. They all appeared to be multifamily when I went around and looked and

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checked. Again, there's no parking in front of the property. Let's see. And this is up on 63rd

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Street, which is a commercial corridor in that area. As you can see, there are commercial uses

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This is up on 63rd Street.

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Again, the kind of text up on 63rd Street.

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So I also want to show,

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zooming map.

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So this is 63rd Street.

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As you can see, it's all CMX 2.5.

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cmx 2.5 at the icmx for the auto repair this is the train tracks this is that little driveway

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this is the property so you have all commercial up on 63rd street but you don't have any commercial

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down woodbine woodbines rsd3 which is single family that's on the other side of the train

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tracks that's like a different world over there and um you have an i1 zone in there as well

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but this little area it's multi-family as you can tell from across the street we're industrial

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and some single-family and all commercial up on 63rd.

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So we're out of the area where you have the commercial.

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There's nowhere to park.

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And that's why if you look at the RCO support letter,

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they were pretty clear in that they supported it

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and don't believe that you can have viable commercial use here.

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We support the request for variance and concur with the applicant's assertion street-level commercial business might not succeed in the near or long-term in this location, which is physically removed from the main commercial corridor.

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Although the traffic is unavoidable and unaddressable concern at this address, owing to its location and proximity to rail infrastructure and other properties, as is loading and unloading,

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and we saw the presence of a commercial business on the ground floor only adding to that burden, we see a residential unit is having less impact on traffic and overall parking.

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and we did, as they say, into a separate community benefits agreement.

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This property is also interesting because it's 3,502 square feet, which permits 12.97

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residential units. And in the zoning code, it's the only place I know where you round down from

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12.97 to 12. So if we had eight additional square feet, we'd be allowed 13 residential units on this

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So if we had eight additional square feet, we'd be allowed 13 residential units on this property.

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property.

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And what we're really doing is asking for a de minimis variance to have 13 residential units

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and then a variance to convert the commercial space into another residential unit.

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So to have 14 residential units, there's a mix of units.

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We have studios, we have one studio, six one-bedroom units, four two-bedroom units, and three three-bedroom units.

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and we have on the first floor we have a mail room bicycle parking on the interior

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multiple units three units on the first floor and then floors two through five we have three

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units on each i'm sorry yes three units on each of those four and on the fifth floor we only have

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two units. And then we have a rooftop deck accessible for everybody, including the elevator

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and two sets of stairs. We have a trash area in the back of the building. The RCO is really

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concerned that we have lighting and security. They're concerned about that road that's alongside

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of the property here. There is some crime back here. They want the building built here. They

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They like the idea of having it and having the lighting and having additional people live here.

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They understand that we're removed from the 63rd Street commercial corridor.

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We believe that the property can't really be used for commercial purposes.

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It's surrounded by residential and industrial uses in the railroad tracks.

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It won't alter the character of the neighborhood.

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I mean, across the street, it's all residential uses, motor family.

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It will benefit everybody by developing this property, adding Isingers to the street,

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adding lights and security um and you know we believe that that given the unique location of

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the property that it will be and it complies with all the um dimensional and other requirements open

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area height etc for the area and cmx 2.5 clearly contemplates multifamily use i would like to call

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I want Sean Pincus to join us as well, Mr. Chairman.

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Is that your client's name again?

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Sean Pincus.

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Mr. Pincus?

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Yes, he can have me.

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Sean, please spell your first and last name and I'll swear you in.

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Yes, it's Sean, S-E-A-N.

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My last name, Pincus, P as in Paul, I-N-C-U-S as in Sam, Pincus.

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

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Yes, sir.

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Thank you, sir.

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Mr. Mariani.

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Thank you, Mr. Chairman.

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And Sean, did you hear my statements?

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Yes, I did.

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And are they true and correct?

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Yes, they are.

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And do you adopt them as your testimony?

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Yes, I do and will, yes.

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Thank you.

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Any questions from the board?

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

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no more hands chair thank you planning commission good afternoon um chair and members of the board

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my name is greg walden city planning commission staff the comprehensive plan recommends no change

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to the existing commercial mixed use zoning at this location this property received the

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by right zoning permit in march of this year to build 12 bowling units and one ground floor

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commercial space on a vacant lot the applicant now seeks to replace the big commercial space

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with two residential bowling units this section of woodbine avenue appears not to have active

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commercial uses which are more prevalent along the nearby commercial corridors of north 63rd street

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and Lancaster Avenue. The applicant has demonstrated necessary hardship for not

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providing commercial space in an area off of the mean commercial corridor. Accordingly,

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we recommend that the request of variances be granted. Thank you very much. MI 2021-002166211

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woodbine avenue my vote is yes carol tenary my vote is yes confessor plaza my vote is yes

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james now my vote is yes you thank you case number 13 mi 2021 that's zero zero two zero one three

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seven four six north 40th street joseph consul is the attorney of record belmont alliance civic

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originally opposed this application, but has since changed the position to support

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after second meeting, and there will be revised plans offered at the time of testimony.

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uh and they are there will be revised plans offered at the time of testimony mr consul

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please identify yourself and i'll swear you in good afternoon board how's everyone doing

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joe consul here consul madison llp one west third street suite 204 media pennsylvania

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19063 would you spell your last name please c-o-n-s-o-l-e you swear for him to tell the

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truth the whole truth nothing but the truth i do thank you mrs canary has questions for you

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okay do you agree to waive the reading of the refusal and stipulate to its accuracy i do have

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you emailed the exhibit packet as proof of ownership tax compliance a copy of the refusal

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or referral photos under plans of the property five days in advance of this hearing and have

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you met with the rco and do you have a letter i did and we do okay all the other questions yes

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okay all right all right share your screen again one moment if this is sharon before you begin

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mr consul we also heard from andrew goodman that councilman got the a has no opposition

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thank you so much i did share my screen is my appeal packet showing up

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yes i guess i do joe console again how's everyone doing i'm here on 746 north 40th street that is

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north 40th between Aspen and Brown. It is an empty lot that is 3,900 square feet. My client

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is seeking to use the property as a multifamily dwelling. It's zoned RSA3, though, as you can see

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on Atlas, the other side of the block is all multifamily properties. And based on the history

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on this side of the block, we believe that was the case as well. There's several multifamilies

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and several uh boarding houses uh approved on the side of the block that that we're on

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