civus
Hearing video

ZBA Hearing - April 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Apr 19, 20235h 8m

The City Planning Commission recommends that the Zoning Board grant the variance.

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I'm going to vote on both. We'll vote on both of these.

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Number six, MI 2022-003-196-232 West Penn Street.

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I vote yes with proviso.

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Revised plans, one page, stamped by ZBA, April 19, 2023.

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Thomas Holliman, my vote is yes with proviso.

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James Snell, my vote is yes to both with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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So number 16, MI 2022, 003195 230 West Penn Street.

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I vote yes with proviso.

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Revised plans, one page, stamp by ZBA, April 19, 2023.

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Thomas Holliman, James Snell, my vote is yes with provisos.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you, counsel.

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Thank you.

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Thank you for your time, everyone.

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Have a good day.

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Number eight, MI 2021-005-282-3257 North 16th Street.

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Darlene Threat is the attorney.

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letter of support from the Nicetown

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Tioga improvement team

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with

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with Provisos

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it's sweet to be rejoining as a panelist sir

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Good morning, Ms. Threatt.

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Good morning.

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Good morning, Commission.

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I can't hear you.

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Sure, I can't now.

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

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My name is Darlene Threatt, D-A-R-L-E-N-E, Threatt, T as in Thomas, H-R-E-A-T-T as in

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

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Yes, I do. Could you identify your client in the relationship to this property?

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The client in this matter is Ms. Wendy Ray, and I believe Ms. Ray is on the line.

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Okay, and our vice chair has just a few questions.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its

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accuracy. Yes, I do. Have you emailed in all the required documents and exhibits needed to proceed

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with this case five days in advance of this hearing? Commissioner, I had a conversation

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with Ms. Emerson. My client entered into a tax agreement with the city of Philadelphia, but we

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haven't received a copy. I was advised we could make the presentation and you will hold the vote

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awaiting the tax agreement.

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Yes.

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Thank you.

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May I proceed?

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Good morning, commissioners.

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I presented a presentation package

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to you today,

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which contains nine exhibits. We have the refusal, the appeal, property information form, the deed,

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plans, pictures, community letter support, proof of mailing, and a letter of support.

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I'll start out with showing you the refusal. This property is our RSA 5 and we were refused for

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multi-families are not allowed in this district. Commissioners, this property was purchased in

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2018 it was already fitted out into a multi-family but it wasn't legal my client sought in 2021 to

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legalize this property so she could renovate it i'm just going to flip down to some of the

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more relevant exhibits here commissioners i just wanted to show you the deed whereby

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It indicates that my client did purchase this property in 2018.

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And then I'd like to jump to the plans.

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Commissioners, we like to develop this property consistent with the other properties in the neighborhood.

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Basically, we would like to develop this property into a three-family plan.

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we would like to have no basement use and then we would have one a two-bedroom apartment on

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the first floor uh there's a bedroom in the front kitchen living area and a bedroom in the back

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give me one second please

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okay

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I apologize. My dog was going crazy in it. On the second floor, it's the same layout and I could make it a little bigger if you like so you can see the plan a little better.

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It's also a two-bedroom apartment. We have a bedroom, living room, kitchen, bathroom area

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and a bedroom. And on the third floor is the same exact identical layout with the two bedrooms and

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two back rooms and two back we have a rendering for you which will show you

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to that.

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maybe what the finished product would look like just reduce that a little for you

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basically we're going to clean up the brick in the front we did agree with the civic association

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that we would remove this structure here

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since there isn't adjacent structure currently

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on the side of this property to connect that to.

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I took various pictures of the properties in the community.

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Just to watch that a little bit for you.

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Speak up just a little bit.

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You're kind of low.

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Okay, I'll speak up a little bit.

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Let me enlarge this photo for you.

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See if I could bring it down a little bit.

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Here we go.

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So this is the property currently as it looks and as it sits on the block.

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Basically, today, there are only three structures on this block.

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There's a vacant lot to the left of this property.

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There's a vacant house to the right.

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That's where I'm sitting, of this property.

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And this property is occupied.

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Commissioners, further down the block here at the address 321 to 3247, the board just approved a 33-unit building apartment complex that will go up shortly.

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You can also see the posting on the property that we did.

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Here's just another close-up look of the property so you can actually see what it looks like.

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I have various perches. This is the side of the property. You can see it's a very, very large structure, consistent with most of the structures in this neighborhood. And I will tell you that this is a changing, transitioning neighborhood. I just took another picture of the end of the block. So this is the second house from our house. And right here is where the big apartment complex, which was approved by the board and is scheduled to begin construction soon.

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i gave you a picture of across the street and looking north this is a multi-family this is a

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multi-family and this is also a multi-family this is a very changing neighborhood they're very very

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large structures and most of the development or the conversions have been to multi-families

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i just want to give you a picture of the block across the street back down here used to be a

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big church and now you have another apartment building scheduled slated to be constructed

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in this area this is almost directly across the street down the block just going to flip

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down a few more houses for you give you another picture this is diagonally across the street

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also multi-family currently

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this was the old existing church down the street that has been knocked down already and this is

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where a new apartment building structure is scheduled to come up

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just other various pictures of the neighborhood it is transitioning it is changing to just give

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you a look at what this neighborhood looks like.

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Commissioners, we did meet with the Tioga Association.

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We actually met with them on two occasions.

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We met with them on February 21st, 2023,

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and we met with them again in April of 2023.

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We were able to, here is the actual mailing,

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and down here, we actually have a lot of support

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uh from the uh tayoga rco uh with some provisals um in it we did indicate that we would help

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maintain the lot next to us we did not indicate that we would be totally really responsible for

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keeping it clean we also indicated that the buildings would be code compliant in regard

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to a sprinkler system i mean with that um commissioners i'm willing to answer any questions

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that you may have of me or my client want to bring your client on and adopt your testimony

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miss ray are you on the line

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miss wendy ray this ray has been allowed to speak ma'am i'm here hi good morning hi good morning

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could you state your name please and spell for the court reporter wendy ray w-e-n-d-y last name

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ray r e y do you swear or affirm tell the truth the whole truth is nothing but the truth i do

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

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I do.

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Proceed, counsel.

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Ms. Ray, are you the owner of 3257 North 16th Street?

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Yes.

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Ms. Ray, have you heard my testimony today?

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Yes, yes.

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Ms. Ray, if you were to testify, would you be able to adopt my testimony?

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Yes.

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And Ms. Ray, did you, in fact, just enter into a tax agreement with the city of Philadelphia?

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I did, yes.

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And you will provide that to the board?

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Yes.

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that's all i have commissioner questions from the board

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questions or comments from the virtual audience

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mr charles richardson has his hand raised i have allowed him to speak at this time

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mr richardson just for the record state your name please certainly charles richardson r-i-c-h-a-r-d-s-o-n

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office of councilwoman cindy bass from 508 city hall the councilwoman has no opposition to

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granting the variance. Thank you very much. Is there anyone else in the virtual audience?

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Yes, sir. I have a hand raised from a number ending in 3552. I will allow them to speak.

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

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Yes, this is Adrienne Fernandez. My last name is spelled F-E-R-N-A-N-D-E-Z for affected RCO

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Swampoodle Neighborhood Process Association, RCL?

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

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Yes. Proceed.

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Okay. I would just like to request one proviso that the trash be stored indoors in the building

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because of the extensive littering and trash problems that we have in the community.

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Thank you for your suggestion. We appreciate that.

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You're welcome.

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Is there anyone else in the virtual audience?

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I see no further hand at this time, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman, Sarah Bond, Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing residential single-family zoning.

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However, the proposed use is consistent with documented prior use of this property.

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The City Planning Commission recommends that the zoning board grant the variance.

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Thank you.

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We're going to hold the vote on this until we receive the tax agreement.

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Hillary, we'll set that date once we receive it.

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Thank you very much, Commissioner.

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Yes, Mr. Chair.

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We will put it on an add-on list once we receive it.

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And the record is otherwise closed except for the tax agreement.

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Thank you.

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Number nine, MI 2022-003-311-1023-27, West Susquehanna Avenue.

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Brandon Saverin is the attorney.

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There's a letter of support from the 37th Ward.

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and we also have the applicant has also produced a letter from a real estate firm

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good morning mr chair morning good morning mr savering could you state your name please and

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spell it for the court reporter for the record yes my name is brandon savering that's spelled

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B-R-A-N-D-O-N and then S as in Sam, A, V as in Victor, R-A-N. Right. Do you swear or affirm to

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tell the truth, the whole truth and nothing but the truth? Yes, I do. Could you identify your

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client, the relationship to this property? Yes, my client is the property owner of record. All

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right. Just curious, could you tell us? The entity name is Temple space I-I space LLC.

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see all right our vice chair has a few questions for you uh yes mr vice chair have you emailed

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all the required documents and exhibits to proceed with this case five days in advance

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of this year yes i did please proceed introduce me thank you

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okay um good morning members of the board so um i am going to show you the refusal in one moment

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i thought it would be useful to just show you an aerial uh image of the property first um so this

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is 1023-27 west susquehanna avenue um what you're seeing here is susquehanna uh towards the bottom

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of the screen below that is the temple university football training and practice complex um which is

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a lighted outdoor facility um and then uh like a dull butter knife um the

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And then, like a dull butter knife, the SEPTA mainline train traps are on an elevated embankment to the right, which go south of here to Center City, north of here to Wayne Junction, and then Cheltenham Township and beyond.

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So the proposal is, as the refusal will say, to develop a 20-unit apartment building with ground floor space that will be occupied by a permitted use in this zoning district.

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So that that's typically going to be commercial or like light industrial.

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The fact that this property is zoned I-2 meant that the dwelling units are not permitted.

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No dwelling units are permitted at any number in this district.

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There's also a requirement for bicycle parking, covered bicycle parking, which we did meet.

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That's why you see that up here in the scope text, but not in the refusals.

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We did not meet a requirement for off-street automobile parking on a two-to-one ratio.

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So just to give you a quick image of our zoning plan and the elevations.

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I'm sorry.

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Hold on one second.

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Oh, this is the zoning plan.

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I'm just zoomed in way too far.

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Okay.

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Pardon me.

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So this is the zoning plan.

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On this, Susquehanna would be on the right side. So, you know, the goal is basically to fill out this triangular parcel, leaving an appropriate buffer, I believe that says six feet between the train track and that side of the building.

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And that side of the building will be built with sort of exceptional materials that will provide extra insulation from noise and vibration from passing trains.

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I'll also show you a couple of elevations real quickly of the proposed building.

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This is the side that I believe is the western side, which is interior to the block.

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