civus
Hearing video

ZBA Hearing - September 27, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 27, 20235h 5m

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Thank you.

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Okay.

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So, property at 3852 Germantown Avenue,

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You know, zone CMX 2.5, the proposed use requires a special exception for assembly and entertainment.

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My client, Ms. Wolburn, understands that the proposed use is a highly regulated use.

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She is prepared to meet that challenge.

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um i made it when we met with the rco there was uh quite a bit of concern about safety issues and

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and uh i will address that to the board as well and what we are proposing what my client is

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proposing on how to handle the perceived safety risks of of the use uh by way of background miss

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wilborn has more than 10 years as an event planner she's looking to provide a safe fun space

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which has minimal impact on the neighborhood.

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She's prepared to implement security protocols and other safeguards to keep her employees, members, and neighbors safe.

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Section 14-303E7 outlines the standards she must meet.

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All dimensional standards are satisfied and meet the criteria for the proposed use, including those required in 14-603.

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All dimensional standards are satisfied and meet the criteria for the...

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The grant of a special exception, we believe, will not detrimentally impact the neighborhood beyond that which would normally be expected for the use, including and most importantly, no endangering the public health or safety by fire or other means.

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um so miss wilborn will of course also meet all of the required conditions under section 9-703

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for this specific use so some specificity in addition to uh the use of security guards

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well let me start with this her proposed hours of operation are thursday to saturday 9 p.m to 2 a.m

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She will have multiple security guards present during all open hours through and including closing at 2 a.m., and then they will remain on site until everything is cleaned up, locked up tight, and the staff has left for the evening.

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This is to ensure that there is no congregation in a disorderly manner outside of the premises and that there's no illegal activity going on under her watch.

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No illegal drugs or activity will take place at the premises.

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The security guards will ensure no public nuisance.

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She has no intention of using pyrotechnic devices, fireworks, explosives, or other material.

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She understands the requirements if a promoter is involved and ensuring that that promoter is licensed and follows all city ordinances.

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She does not propose to serve food or alcohol. It will be a bring your own policy, although employees will continually monitor for invisibly intoxicated patrons, as well as provide services, clean up and such.

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under the code we believe if my math is correct the first floor space is 1164 square feet

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I believe that would permit up to 77 my client is proposing to limit the number of occupants to 49

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I believe the magic number under the code is 50 and to the extent because we are here for a special

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exception if we have to say 50 then it would be limited to 50 occupants as opposed to 49

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uh interior uh the idea is to have tables and chairs couches booths so that the it has a bit

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of a lounge floor there will be a lounge feel excuse me and there will be a dance floor

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as well i think i mentioned already two to three employees in addition to the guards

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no live music is intended it would be pre-recorded only and every effort will be made to ensure that

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noise does not emanate from the premises during those hours of operation. I have photographs to

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show, but just generally speaking, the surrounding area has many vacant buildings. It's very commercial

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along that block. There is residential directly across the street at 15th Street. However, we

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have multiple letters of support from neighbors in that 3800 block of North 15th Street. They are

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part of our packet. The only parking is street parking. The intention is to bag trash stored at

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the premises and utilize the service of a commercial trash service. My client is cognizant

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and aware of potential violence in the neighborhood. There was incidents at a now closed bar, if I'm

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not mistaken uh down the block and as part of the safety protocols and the reason to have multiple

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security guards every night while the while the premises is open uh last thing i'll address in my

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uh statement before i get to any photographs and and show the board what the building you know the

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the lay of the land so to speak the lease is for the entire building the proposed use is for the

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first floor only. Presently on the second floor, there is apartment or residential space. However,

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that is intended to be used by Ms. Wilborn on an as-needed basis. She maintains her primary

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residence at the address that's stated in the application. Second floor is convenient. A late

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night, she doesn't want to travel back to Northeast Philadelphia. She would intend to stay at the

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at the apartment. So this is a wedged shaped property and I'll zoom in just a bit so you can

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see it. It's right at the corner of 15th Street and Germantown Avenue and it's in that pie shape

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wedge photograph just showing that we did.

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wedge photograph to showing that we did post, although I don't think it was necessary,

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but you can see two means of egress on to 15th street. And then the building from the

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Germantown side likewise has three doorways for exiting. This right here is a stairwell

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up to the second floor. The primary entrance is at the corner.

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where the wedge begins. And then it's just another perspective looking up Germantown Ave.

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We do have floor plans as part of our submissions. This is showing the first floor space. It is

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really just generally open space. Second floor is indicated here with each room designated and

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where it is. Right here, just for perspective, this is that doorway that I pointed out

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that leads off the street right into a staircase up to the second floor.

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This is the shot looking right at the corner of the wedge. This is the main entrance into that first floor area.

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Another view looking at the split. 15th Street is here. Germantown Avenue is here. Residential properties along this side of the block, along Germantown Ave.

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So here's the building right here off to the right. And as you can see, it's generally commercial space.

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down the block. This is an old church. My understanding is this church is no longer

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occupied and it is not used for as a place of worship or it's not occupied presently.

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But I did want to point that out. And then adjacent to the building is commercial first

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floor with residential upstairs. So the proposed use of the first floor is continuing as commercial

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is in line with the block of Germantown Ave, at least on the same side that the property sits.

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shot of the property just looking down 15th street you can see this building has some boarding up on

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it look down germantown avenue again there's a better shot of the church and you can see here

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this is used as a commercial lot i believe it's an auto shop across the street looking at that

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same perspective and then this is a shot looking up germantown ab the building is over here on the

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left and this is from the church looking up the block. This is the basement used primarily for

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storage. No occupancy is intended. First floor looking towards the front door that I indicated

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at the wedge. We're in the wider part of the wedge here looking towards the more narrow section

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and then a view looking back from the front door into the building.

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again just a shot of the first floor looking from

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this perspective looking left is what this is indicating where the bathroom sits

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so now I've taken us on to the second floor just so you can get a feel of what's here

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and again it's an apartment with a kitchen one bed rooms that's the hallway that leads to the

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the other apartment small little living area slash bedroom and then again the kitchen

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and a bathroom in that other unit and then what we have here are letters of support from the

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surrounding neighborhoods some are 3800 block north 15th street some are 3800 block of

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Sindenham have. So are there any questions where I can have my witness at my client adopt my

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testimony? Before we go there, what was the vote of the RCO? The RCO, you know, I don't recall

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seeing a formal letter from the RCO, but my understanding was that they were opposed to

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the use and it was primarily for safety concerns hillary do we do we have what the vote was

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oh i'm sorry ryan do we have what the vote was

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i'm just i'm just taking a look at the documents we have right now okay sure thank you ryan

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after that meeting we had i had sent numerous emails to the rco asking for a formal response

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And again, I don't have anything saved and I don't remember receiving anything yet.

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Later from the 13th Ward RCO committee, indicating that directly affected residents and the 13

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Ward's committee members are requesting that the elected officials and the ZBA

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that disapprove the request of zoning variance.

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disapprove the requested zoning variance.

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All right. Thank you very much.

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Bring your client on, please. Thank you.

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Shiree should be there.

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Shiree Wilborn, please unmute yourself and wait for the chair.

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Hi, could you state your name, please, and spell for the court sonographer?

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sherry wilborn s-h-y-r-e-e w-i-l-b-o-r-n right do you swear for him to tell the truth the whole

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truth is nothing but the truth yes we see you counsel thank you miss wilborn were you on this

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hearing the whole time that i was providing testimony and and uh providing explanation

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of the exhibits to the board yes okay and do you agree with my statements and adopt them as your

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own yes okay thank you questions from the board no chair any no mr chairman okay mr chair this is

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again i just want to indicate that i do have the uh the meeting summary and it was uh 10 votes in

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opposition from the RCO board. Thank you very much. Questions or comments from the virtual audience?

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Yes, Chair, we have Charles Richardson. Good morning, Mr. Richardson. As you were,

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you've already been sworn. Just state your name for the record. Thank you, Mr. Chair. Charles

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Richardson, Office of Councilwoman Cindy Bass from 508 City Hall. The councilwoman is opposed

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to granting the variance on this property.

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It's already been functioning on and off ever since 2021 with different types of things.

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Most things that you can probably find online at this point is that they've had dancers

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and they've had hookah bars, things along those lines, and 25 women, and blah, blah, blah.

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I just wanted to also point out to Rich that we received nothing from you guys with regard to the form letters that were delivered to me that you have presented today, so we couldn't vet those, and the RCO did not receive those either.

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Also, the church down the street that you mentioned is not open, that is closed, it's actually open.

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So, you know, it's just not a great location for what they're planning to do there.

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You know, the hours are out of range for what should be happening at that location.

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It's going to affect the neighbors nine times out of ten.

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So the councilwoman is opposed.

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Thank you very much.

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Is there anyone else in the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chairman, and good morning, David Vecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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The appellant has shown that the proposed assembly and entertainment will have no detrimental impacts to the neighborhood beyond what might be expected from this use.

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The City Planning Commission recommends the board grant the proposed special exception for assembly and entertainment.

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Thank you.

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MI 2022, 002-815-3852 Germantown Avenue.

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I vote no.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is no.

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LeBaron?

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Yes, sir.

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Could you vote, please?

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Sure.

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LeBaron Leonard Palmer, my vote is no.

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Thank you.

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Thank you, counsel.

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Thank you very much.

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OK. Let's go to number. Number 12.

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MI 2023 001 513 1929 South 3rd Street.

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Henry Clinton is the attorney. Letter of non-opposition from the Pennsport Civic Association.

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Letter of non-opposition from Council Member Squilla.

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what is your chairman good morning mr clinton could you state your name is spelt please for

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the court stenographer sure henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n do you swear

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a firm to tell the truth the whole truth and nothing but the truth i do could you identify

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your client the relationship to this property sure my client is cara c-a-r-a leone l-i-o-m

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it's a brigade association

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Brigade Association. And Steve Gallagher is with the club and he is on the call.

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and Steve Gallagher

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is with the club

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Our vice chair has just a few questions here. Good morning, counsel. Do you agree to waive

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the reading of the refusal and stipulate to its accuracy? I do. Have you emailed in all

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the required documents and exhibits that are needed and required to proceed with this case

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five days in advance of this hearing? I have except for the tax certification,

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which I think came in maybe three days before the hearing date, but everything is in.

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understood please proceed and show your screen counsel thank you mr sheehy no problem

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is that visible mr chairman yes

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good morning mr chairman members of the board henry clinton on behalf of carol elm association

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a principal of that club is stephen gallagher in gaelic carol yo means uh friends of mine

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pardon me, means friends of mine. And it is a brigade, a wench brigade that marches annually

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in the New Year's Brigade and a New Year's party and parade on Broad Street and sometimes on Market

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Street. The club has been in existence since 2005. So it's a relatively newcomer to the

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Mummers Association, but it is 75 members strong and growing. So the request today is to expand

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their existing clubhouse on South 3rd Street to match the depth of the other clubs that are on

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the block. And I'll show you with aerial photographs what I'm talking about, Mr. Chairman,

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members of the board. Quaker City String Band is on this block. Shooting Stars is on this block.

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And the Irish Society is also on this block. And an aerial view will demonstrate the depth of

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these properties. And basically, our club is trying to match the same depth of these properties

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because it needs additional storage, additional meeting area, and additional event space.

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These are my documents I intended to discuss today. The table of contents contain A1 through

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A10. I ask they all be admitted into evidence for this hearing. This is the refusal. So we have

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three refusals. Basically, this is an RSA 5 zoning district. And most of the Mummers Clubs are in an

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RSA 5 zoning district because they're all along 2nd Street and 3rd Street in South Philadelphia.

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And we have one refusal with regard to the residential use. We obviously are not a residential

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use. We're a mummers club, and we also have two-dimensional variances, basically for rear

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yard and for open space. We do have a letter of support from Pennsport. We met with them back in

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June, I believe, and we did have support from the individuals that were there, especially

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two immediate neighbors, one directly behind the club, who may be on the call today,

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as well as other individuals in the neighborhood.

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This is the photograph looking west.

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This is an elementary school across the street.

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This is the property right here where my cursor is.

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You can see with the red dot, it does not take up the entire rear yard.

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To the immediate left or south of our property is the shooting stars.

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You can see they have 100% lock coverage.

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may have a small rear yard. In the next building over is the Irish Society, and that also has

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almost 100% lot coverage. And the largest building is the Quaker City String Band.

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So these three entities have been in existence far longer than Caroleome has been. Thus,

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there hasn't been a need for Caroleome to expand until recently, where the membership is increasing

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and continuing to increase.

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Their community involvement continues to increase.

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They have an Easter egg hunt.

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They work a lot with the Irish Society

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on community outreach

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and doing different community activities.

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