civus
Hearing video

ZBA Hearing - June 22, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 22, 20224h 7m

deliverance community development corporation and i'd like to share my screen if i may

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wait a minute hold on one minute our vice chair has a few questions for you

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just so so our client has entered into the lease option agreement with the ownership

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okay okay hi elaine do you agree to waive reading the refusal and stipulate to its accuracy

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yes I do have you emailed the exhibit packet with proof of ownership tax compliance a copy of the

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

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and have you met with the RCO and do you have a letter yes to all the above okay great you may

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proceed and begin to share your screen thank you thank you I'm Miss Quigley this is Tanya

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I hate to interrupt. How are you?

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Oh, well, how are you?

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Good, thank you. Could you make your face more visible in our screen for the video?

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Thank you so much. We need to see your lovely face. That's wonderful.

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I need to put my chair up, maybe.

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Thank you very kindly.

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Oh, no. Wait, wait. I'm falling.

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Okay, yes. Thank you, Tanya. I just need to share the screen.

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You are welcome to do so.

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Tanya, I want to see your face.

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She's not testifying.

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Yes.

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I'm sorry.

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I am trying to find the share screen.

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Here we go.

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Okay.

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Okay, so just for clarification, we first would like to ask the board to allow us to

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substitute our original Exhibit B with the executed lease option agreement that we did

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forward to board's counsel, Ms. Hillary Emerson, today.

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We also include the deeds which show ownership in the deliverance CDC, as well as the Commonwealth

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of Pennsylvania Department of State Articles of Amendment, which is evidence of the name change

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for the owners from Deliverance Center of Hope Incorporated to the Deliverance Community

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Development Corporation Incorporated. So as I said, my name is Eileen Quigley. I'm here on behalf of

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the applicant. We're here today seeking a variance from the zoning regulations to allow for the

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adaptive reuse of an existing warehouse which has been vacant for many years

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for use as multi-family affordable dwelling units this these properties lie in the i1 zoning

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district where multi-family use is prohibited as noted we have our deeds our letter of

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our commonwealth department articles of amendment certificates of tax clearance

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and i'll be moving through here

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So with me are the Reverend Glenn Spaulding and Andrew Davenport on behalf of the owners and applicant, respectively.

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We also have Thomas Fries and Caroline Voitsberger of Pannoni and Christina Davis, Brian Yoder, and James Haley of Urban Practice.

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Here's our certificates of tax clearance.

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Here are photos of the posted zoning notices at Exhibit E.

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photos of the site are at Exhibit F. And just to clarify for the board, as noted, we did

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communicate with the community and RCOs. We sent out our notice letters with the address list

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at Exhibit L and M. We met with the RCOs and the community on April 19th, 2022.

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And the coordinating RCO, Allegheny West Civic Association, submitted their letter of support,

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which we have attached as Exhibit B.

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Here are photos of the existing site and surrounding area.

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This is the building.

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Here is our zoning site plan that was submitted to L&I.

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And with that, I would like to turn it over to Urban Practice, the architects on this project.

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on this project.

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So I believe it's James Haley.

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If he could raise his hand.

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Mr. Haley, unmute yourself.

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You're free to speak.

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Hi.

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Mr. Haley, could you state your name

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and spell for the court reporter?

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Sure. My name is James Haley.

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J-A-M-E-S-H-A-L-E-Y.

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

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I do. Could you possibly just give us a quick overview of what what you intend to do there?

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Can I just quickly ask him some questions just to qualify him as an expert witness?

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Would you like me to give my background? Yes, please. Could you just tell us your education work experience?

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Sure. So I have degrees in architecture from Temple University and Drexel University.

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I have 30 years of work experience. I am a licensed architect in the states of Pennsylvania, New Jersey, Maryland, and Delaware.

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And I've testified in front of the city of Philadelphia for multiple times.

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Thank you, Chair. And I just want to affirm that your resume is at Exhibit O in our exhibits packet, correct?

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Correct.

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Thank you, Mr. Haley. I would like to offer Mr. Haley as an expert witness in this matter.

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that's fine is he the designer yes i'm the i'm the architect of record for urban practice he's

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the designer that's that's fine okay okay can you um just describe the improvements to the building

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as you noted it's an existing industrial building in dire need for renovation it's it's in the

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process of failing um the facades are failing as well as the roof structure um we're lucky that

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it's an incredibly robust building because of its previous use and that of an industrial use but

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again in dire need of renovation we're going to do a full restoration adaptive reuse to convert

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it to a senior apartment community that will include a recreation of the roof structure

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as well as a full new facade including energy star windows and brick restoration

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we intend to build 56 senior apartments of those 50 of them will be one bedroom

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and six will be two bedroom apartments the one bedrooms will range in size from 770 to 850

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square feet the two bedrooms will range in size from 1080 excuse me 1042 to 1080 square feet

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beyond um the um conversion of the apartments we're also planned for a large management suite

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on the ground floor a beautiful lobby these these floors have very large uh floor plates so we're

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very very high ceilings with beautiful um columns that will be exposed throughout the design large

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windows we have a beautiful lobby we're introducing an elevator we're also introducing a beautiful

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corner community space on the ground level on the upper level where more lobby space as well as

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some amenities such as a fitness center a grandparent suite laundry facilities and more

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more lobby area on the on the highest level and then on the roof we would like to do a roof garden

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amenity space beyond that we're proposing a number of parking spaces behind the building

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And again, as I noted previously, a full restoration of the building, which will achieve energy efficiency at the ENERGY STAR level, as well as we'll apply some sustainability initiatives to create a very sustainable building.

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Thank you, Jim. So, as you know, we're here today to seek a variance for use of this existing

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warehouse for multifamily because it is prohibited in the I-1. In your expert opinion, is this the

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least modification of the zoning regulations to allow for this use? Yeah, as you noted,

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it's currently zoned I-1, and yes, the proposed multifamily use is a variance.

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And in your expert opinion, will denial of the variance present a hardship given the physical conditions existing on the lot, meaning the existing warehouse?

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Yes, we don't think the building will ever be used again for its initial intended use of industrial.

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Granting this variance will offer a higher and better use for the original intent.

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The current building is a shell.

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There are no systems in place to support industrial uses such as fabrication, manufacturing, assembly, or processing materials that do not create smoke, gas, odor, dust, noise, with the exception of office use, which this neighborhood would not support.

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The property has no value for any purpose permitted by the zoning ordinance.

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So in your expert opinion, will the multifamily use fit in with the character of this neighborhood?

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yes location is um is is uh adjacent to rs

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Yes, location is adjacent to RSA-5 lots along West Toronto Street and North 21st Street. It will enrich the existing single-family fabric. Multifamily living supports the elderly citizens in the area by offering inclusion within the neighborhood fabric.

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And in your expert opinion, will the grant of variance for multifamily use affect light and air for adjacent properties?

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This multifamily use will have no detrimental effect on light and air.

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It'll actually bring life to the community.

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Street lighting will be added, offering security and visual activity.

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Minimum change to exterior volume will maintain the air and views from the adjacent properties.

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Will the Granted Variants place any undue burden on public facilities?

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No, Granted Variants will support and provide revenue to the existing neighborhood businesses.

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Public transit has been hindered over the past few years due to the pandemic, and additional support with new neighbors will provide potential revenue.

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The 56 units, mostly one-bedroom, will be supported by internal management.

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The infill development will tap into existing utilities.

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Overall, the proposed use will enhance the neighborhood.

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And finally, Jim, in your expert opinion, will it grant the variance endanger the public health, safety, and general welfare of the community?

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No, there's no adverse effect on the public health, safety, or welfare.

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Thank you very much.

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Thank you.

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Anybody have any questions for Mr. Haley?

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We're fine at this point.

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Thank you.

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May I call Reverend Glenn Spaulding and Andrew Davenport quickly, please?

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Sure.

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Is it the owners of the building?

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Yes, the owner and developer, yes.

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

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Pastor Glenn, G-L-E-N, last name Spaulding, S-P as in Paul, A-U-L-D-I-N-G.

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Reverend, 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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Good.

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Thank you so much, Mr. Chairman, and to the zoning board.

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we do appreciate your time. And Deliverance Evangelistic Church has been a staple in the

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community, doing all that we can to help people. And this affordable housing for low-income

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seniors would continue to be a blessing to our community. And it's just a privilege to be able

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to have this, to offer this to our community. Seniors are in dire need, not only in our church,

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but in the North Philadelphia area of a place to live. So we trust that this will go forth as we

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have worked hard to put it together. We thank Brother Andy Davenport for Michael's development.

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And we trust that the Zoning Board, as we are applying for this low-income tax credit, will do all that you can to see that we can have it by the 29th of this month to expedite the approval of the variance.

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It's critically important for the application.

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And we thank you for your time.

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And you've been here a long time.

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I don't want to bore you anymore with me.

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So thank you.

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Thank you, Reverend.

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Thank you, Reverend.

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Andy, did you want to just wrap that up quickly?

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Andy, could you state your name

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and spell for the court reporter?

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Yes, it's Andrew Davenport.

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A-N-D-R-E-W-D-A-V-E-N-P-O-R-T.

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All right.

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Do you swear for him to tell the truth,

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the whole truth is nothing but the truth. I do. Proceed. Yes. So pleased to talk to you. Thank

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you, Chairman Bergman and the rest of the board. As Pastor Spaulding was alluding to, Michael's

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and Deliverance have partnered to create a 56-unit senior building that will serve low-income

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seniors over the age of 62. And a critical path for that is evidencing to the state that issues

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the low-income housing tax credit that we have made strides in our zoning approval.

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So I'm making a special plea to staff if there's anything they can do to evidence, if this were to

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be approved, to evidence that so that I can throw that into our application. It could be

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as little as an email to our council saying the board met on such a date and approved it.

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and approved it um but it just is one more thing that helps us uh be successful in a very competitive

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But it just is one more thing that helps us.

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financing process um i don't want to belabor this any longer and i appreciate uh all that you guys

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do in hearing us and thank you for your time thank you so eileen i'm going to call any questions from

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the board no mr chairman no mr chairman no mr chairman no mr chairman oh mr chairman questions

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or comments from the virtual audience chair we have charles richardson thank you good afternoon

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mr chair hi morning mr good afternoon mr richardson i'm sorry could you spell your name

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for the court reporter please certainly charles richardson c-h-a-r-l-e-s-r-i-c-h-a-r-d-s-o-n

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office of councilwoman cindy bathroom 312 city hall right do you swear or affirm to tell the

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truth the whole truth nothing but the truth i do proceed councilwoman is very highly in support of

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granting this variance thank you very much anyone else in the virtual audience

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i see no hands chair planning commission hi mr chair and members of the board this is mason

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austin representing planning commission the law is designated for commercial uh mixed use in the

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comprehensive plan but a zone for light industrial the recommended icmx zoning is intended to preserve

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of a transition zone between the small-scale residential to the west and the heavier industrial

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uses of the east. While residential is also prohibited in that zone, the proposed repurposing

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of the existing property would also help to address this goal while also addressing a critical

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need for accessible affordable housing for seniors. Consequently, PCPC staff recommend

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granting this variance, but with the proviso that at least 50% of joists in the existing

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structure preserve as a part of the development okay i'm sorry could you repeat what the proviso

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was what your planning commission is asking for sure the proviso is um that 50 of joists be

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preserved as a part of the redevelopment which is one way that l and i use this to

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to signify that it's a rehab of an existing building as opposed to the demolition

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and rebuilding of a different property

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okay and mi2022-002-158-3031-49 north 21st street and 2044 west clearfield street i vote yes

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harold tenary my vote is yes thomas holliman my vote is yes james snell my vote is yes

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thank you may i move to um enter our exhibits into the record sure absolutely thank you that

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concludes my business may i please be excused you can thank you very much by the way thank you and

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good good luck number 15 and um what we're going to do is we're going to do 15 and then we'll take

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a quick five-minute break and go to the 330 list. Number 15 is MI 2022 001678 3445 West Westmoreland

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Street. Mr. Nockamson. No letter of the RAH Civic Association at this point.

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Mr. Chair this is Hillary uh we did receive a copy of that letter um and it is um I'm sorry

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give me one second here um it is a letter of support all right thank you RAH RAH stands for

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what Roxborough Allegheny Hunting Park oh okay good perfect all right thank you

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mr knockamson oh yes i'm sorry um um i guess you've just been here the whole day i mean i'm

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the booking i'm betting lead off and i'm i'm closing it out here at the two o'clock list

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alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n-1-2-3 south broad street

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suite 1600 Philadelphia PA 1910. Could you identify your client and relationship? Yes it is 3443

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W West Westmoreland LLC and with me is David Ross a member of that LLC. Our vice chair has a few

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questions. Hi Mr. Nockmson do you agree to leave the reading of the refusal and stipulate to its

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