civus
Hearing video

ZBA Hearing - September 14, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 14, 20225h 12m

additional commercial space on their commercial order in a property that has not been used for over 10 years.

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in a property that has not been used for over 10 years

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and put that back into commercial use

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in a way that will provide the commercial use

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that is needed and also to provide

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what are affordable, i.e. not market-great housing

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in this particular area.

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So, so counsel, thank you very much.

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Planning is raising the issue that I'd like to really discuss with the other

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members of the board. We will hold this till next Wednesday.

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We will discuss this at executive session and look to vote publicly next

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Wednesday at nine 30. Okay. Thank you.

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Thank you.

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number seven mi 2021 002 095 4319 rawn street leo mulvihill is listed as the attorney

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um there's a letter of opposition from holmesburg civic association

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Mr. Mulvihill.

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Good morning, Mr. Mulvihill.

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If you're in the virtual audience, please raise your hands so you may be promoted, sir.

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Mr. Mulvihill.

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I see him in the audience, but he doesn't have his hand raised.

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Is Mr. Mulvihill in the audience?

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Yes, he is, sir.

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Okay, thank you.

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Good morning, Mr. Mulvihill.

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Still hasn't raised his hand.

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Chair, if we could, would you mind moving forward until we get his attention?

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All right, I'm going to go to the next case, okay?

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Number 8, MI 2022-004-371-5616 North Broad Street.

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Adam Laver is the attorney.

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Letter of support from Concerned Community Association with Proviso.

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Good morning, Mr. Laver.

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Mr. Laver, how are you going to go to the panelist?

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Good morning, Mr. Chairman and members of the board.

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Could you state your name, please, and spell for the court reporter?

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Yes, Chairman Bergman. Adam Laver, L.A. V.S. and Victor, E.R., Blank, Rome, 1 Logan Square, Philadelphia, 19103.

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

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Yes, Mr. Chairman, I do.

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Thank you. Could you identify your client in relationship to the property?

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Blancrome represents 5616 North Broad Street Associates, LLC, owner of the subject property.

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Okay, our board secretary has a few questions.

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Thank you.

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Good morning, counsel.

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Good morning, sir.

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

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Yes, Mr. Shahid, I do.

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Did you email all the exhibits and documents as required, such as proof of ownership, tax clearance, copy of refusal or referral, pictures and drawings of the property five days in advance of this hearing?

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You can see that it's open to the elements in this photograph, and I'll get into that in a moment.

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The property was owned for approximately 28 years by prior owners who, quite frankly, did not keep up the property to acceptable standards.

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It was last occupied as part of the commercial thoroughfare along Broad Street.

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It was last occupied by DTLR and Sneaker Villa.

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However, during the spring of 2020 unrest that our city faced, along with many other cities through the country, the store was destroyed by fire.

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And you can see some photographs here.

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Broad Street would be here in the upper portion, Chu on the left.

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And you can see what occurred to the property.

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prior to Scott's purchasing it. This is the property open to the sky from the back

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and another image. Scott purchased the property after that occurrence in January of 2021. He

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purchased the property as shown on the screen. Since then, he has invested tens of thousands

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of dollars in working to make safe and to rebuild the property. The proposal is for Foot Locker

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to become a flagship tenant at this space that has sat vacant and in eyesore for too long.

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On the screen before you is the zoning map showing the corner in purple here. The property is on CMX

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2.5, which permits the retail use that I described. However, foot lockers space requirements

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necessitate an addition in the rear of the property back along Chew Street. That addition

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would be approximately 141 square feet more than the zoning code allows, a true example of

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de minimis variance, dimensional variance relief. On the screen before you is the notice of refusal

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that was issued. I've taken the liberty of highlighting a few things to bring to your

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attention. The code requires that the rear yard depth of here in the CMX 2.5 district be at least

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10% of the depth of the lot or 15 feet as shown right here. However, the code does not allow

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the 30-foot easement area in the rear of the property, which I'll show you in a moment,

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to be counted in that rear yard requirement. So subtracting out that 30 feet, only 12 feet

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of setback is contemplated, this is the one issue before the board.

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Here is the zoning site plan. And let me further describe the technicality.

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The full depth of the lot from Broad Street on the right back to the adjoining property,

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which would be to the west, is 150 feet. I know it's a little too small to read,

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but that highlight here shows 150 from broad all the way to the back. The 150-foot depth includes

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a 30-foot easement area here at the rear of the property. That must remain fully open by order of

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the law. Beyond the easement area, or to the east, is the proposed setback of 12 feet instead of 15

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feet. 15-foot setback is required, 12 feet is proposed, beyond which a 30-foot easement must

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remain. However, effectively from a passerby's perspective, the actual setback would look to

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include the easement area of 30 feet plus the 12 feet that we are proposing for 42 feet, a 42-foot

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and appropriate stock space are required for a first-class retail store. At 5,184 square feet

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proposed, this store would actually be slightly smaller than Center City's 7,500 square foot

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footlocker at 1517 Chestnut Street and 5,700 Germantown Avenue's footlocker at about 6,200

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square feet. Foot Locker really believes in this location, believes in North Philadelphia,

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and in the community. Here at the bottom of the screen, you can see the proposed rebuilding of

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the store with a brick facade, which extends along Chu Street, I should note as well,

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and simple conceptual signage above. Foot Locker's commitment to the community has been

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noted recently in the press, as recently as August 2nd last month, by BET News recognizing

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Foot Locker's investment of $54 million to support communities of color and an ongoing

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commitment of $200 million over the next five years. The article goes on to state,

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quote, through strategic investments, community partnerships, and opportunities that empower

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we being Foot Locker, are taking actionable steps to drive meaningful and lasting change both within

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our organization and in the communities we serve, end quote. Really exciting, a leader in retail

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commercial here in Philadelphia and through the nation. The photos on the screen now, and I'm

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getting towards the end, thank you for bearing with me, are showing you the rear of the property.

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So we see Chu Street on the left. Broad Street would be out of the range of this photo. Why am

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I showing the rear of the property? I'm showing the rear of the property because this is most

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important to the residential area beyond. You see here the 30-foot easement area. This is

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an area that cannot be built upon. Within the gates, the proposed addition would be right at

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the back of the property and would stay within that. It would not encroach on the easement.

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And I'm going to share with you improvements that are proposed for the entire area.

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Here we're looking at an aerial photograph, Broad Street on the left and the rear area on the right.

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Some additional photographs. And here we're looking from Chu into the easement area. This is

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not footlocker space. This would be footlocker on the left, looking out from within that space.

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And to the left would be the proposed addition. So the area west of the present fencing

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is the 30-foot easement area, which must be preserved. The proposed addition of the former

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building is inside the fenced area only, an eight-foot deep addition of which the zoning code

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permits five feet, a variance of three feet. Foot Locker plans to improve upkeep and secure

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the rear driveway. Here's the conceptual rendering. They will do that through new blacktop,

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new macadam, working with the community on the materials and lighting security plantings where

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appropriate commercial trash removal out of site. We're very pleased to have partnered with

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A Concerned Community Association, which offered its unanimous approval of the proposed variants

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with provisors that I've highlighted, the 30-foot easement area to be milled and repaved,

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addition of security cameras rear wall to be painted with anti-graffiti paint

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parking to be prohibited within the easement area for the record the ownership commits to these

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provisos and looks forward to working with the community we're also grateful that councilman

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bass through mr richardson who i believe is present today has offered its non-opposition

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to the grounding of the variants. Mr. Hummel has also gone door to door along North Broad Street

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with many near neighbors, business owners who fully support the redevelopment of the corner

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and the required variants. I noted with the signatures below that they have reviewed the

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site plan and renderings and providing full support. There are about 12 signatures here.

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We are not aware of any concerns beyond what I've described through the provisors.

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any concerns beyond what I've described through the provisors. Mr. Chairman, members of the board,

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the proposal fits into the surrounding neighborhood as evidenced by the support of the coordinating

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RCO, the partnership with the district council member on the project, the support of near

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neighbors. The proposed variance would represent the minimum variance that would afford relief

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to allow this commercially zoned property to fully function pursuant to current national retail

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health standards, as requested by Foot Locker, a well-known national retailer. The grant of

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variance relief will not substantially increase congestion in the public streets, increase the

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danger of fire or otherwise endanger the public health, safety, or general welfare. There is no

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adverse changes. This will not adversely affect transportation or unduly burdened water,

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sewer, school park, or other public facilities. There are no environmental issues. Mr. Chairman,

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If it's appropriate, Scott Hummel, the principal of the ownership entity, is here and is prepared to raise his virtual hand to adopt and affirm.

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Thank you. That's fine.

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Mr. Hummel, would you kindly raise your virtual hand so that you may be led into the virtual meeting?

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Mr. Hummel has been allowed to speak.

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

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Yes. Can you hear me?

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Yes, we can.

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Scott G. Hummel, H-O-M-E-L.

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Right.

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

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Yes, I do.

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Receive counsel.

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Thank you.

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Mr. Hummel, have you been present during the entirety of this virtual hearing?

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Yes, I have.

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And would you adopt and affirm the testimony that I've offered as your own?

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I do.

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Thank you, sir.

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Questions from the board?

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No, Mr. Chairman.

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Mr. Chairman.

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Questions or comments from the virtual audience?

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Mr. Chair, Mr. Charles Richardson has his hand raised.

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I will let him speak this time.

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Good morning again, sir.

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Could you just state your name?

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You've already been sworn.

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and did you meet with the RCO and do you have a letter?

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Yes, I did meet with the RCO and I received RCO letters.

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Okay, thank you so much.

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Please proceed and share your screen.

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Mr. Chairman, I would appreciate it

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if I could promote the representative of my client,

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Mr. Paul Aylsworth.

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Is he going to testify or just work the screen? He's going to work the screen for me. Okay,

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good. Fine. We'll just let him do the screen. Thank you. Okay, Mr. Ellsworth has been promoted

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to panelists. He'll be coming back in shortly. Mr. Ellsworth, would you please

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please put the site plan, share the site plan on the screen, please.

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And I would appreciate it if you would assist as we look at the plan.

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Is he your client?

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Yes, he is.

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Sir, could you state your name, please?

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And spell it for the court reporter.

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Yes, Paul Aylsworth, last name spelled A-Y-L-E-S-W-O-R-T-H.

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

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Yes.

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Proceed, counsel.

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Thank you, Mr. Chairman.

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Mr. Aylsworth, I'm going to ask you to also place a pointer on the screen so that we can facilitate showing where the subdivision will occur.

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This is a site, this entire site was owned by the Philadelphia Redevelopment Authority.

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It was all wooded and had a few homes that you see listed at the top of the site plan, above the site plan, and a few in the corner on the right side at the bottom of the site plan.

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The property at the far right on the top is at 470 Column Street.

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One thing I'd like before we go further to straighten out that seemed to be a confusion for the RCO, one of the RCOs, is that this property's deed is the official address is 417 East Worcester Street.

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The property was transferred from the Redevelopment Authority to the Community Justice Land Trust, and they received funds from the Pennsylvania Housing Finance Agency and the Philadelphia Redevelopment Authority to develop this into affordable homes.

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It's 35 affordable homes on the site.

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Recently, we discovered that there's an encroachment.

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If you'll point to the little triangle.

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Thank you.

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There's an encroachment by the owner of 470 Column Street.

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This is roof on the right side and Column Street above, along the top.

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The encroachment is a car parked and a bump out of the house. Could you please show that photograph

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of the aerial view? Thank you. You'll see that the car parked in that triangle, that is the

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triangular spot that we showed you on the site plan. And here is the bump out of the, I assume,

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a dining room or a room on that house. The lenders have required that we remove the cloud

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on title. An encroachment presents a cloud on title. And this is a simple case of removing

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the cloud on title by subdividing this small piece away from the property that has the loans.

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I would like to show the photographs as well. The next slide, please, for the photographs.

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You can see where the car is parked and where they bump out on the house is.

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It is understandable, Mr. Chairman, that this encroachment occurred years and years ago, because for years, I don't know, maybe 50 years, this property was mostly wooded.

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