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Hearing video

ZBA Hearing - March 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 22, 20235h 37m

or this is the the the a unit this is the unit where the disabled veteran is currently uh residing

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when you open the door you have a kitchen as you move down into the property there's a common

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hallway with one bedroom um to your right and in the back is the second bedroom this is an exterior

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door and then there is only one bathroom for the property handicap accessible here over the toilet

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as well as in the shower and the widths in the hallways are also handicapped accessible.

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In the second unit when you open the door you have a stairway going straight up

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At the landing, there's a bedroom to your left and further in the back to your right.

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at the landing there's a bedroom to your left and further in the back to your right.

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It's got a simple kitchen, L-shaped kitchen in the front of the upstairs unit.

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And there's only one bathroom in the upstairs unit.

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As far as the layout of the property, we've already seen it visually, but here is the layout of it.

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The basement has nothing in it, mechanicals.

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I'm going to come out of this, I'm going to show you, and this is, I also omitted to share this one picture.

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Let me stop to share and go in so that the board can see the, I'll go back and share this picture.

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And this was the infamous earlier picture that the board saw previously.

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And that's what the basement looks like, just four walls with mechanicals present.

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And this is the reverse of that same room.

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And all they've done is they basically have put the new mechanicals in the rear of the building.

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So going back to the main presentation.

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And as you can see, the layout of the existing conditions of the property reflect the pictures I've already shown to the board.

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And for this particular meeting, here is a proof of posting on the properties, both of the property doors.

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the refusal as well as the zoning hearing for this particular meeting we sent a notice to

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the members and to the neighbors that live uh in the near vicinity of the property according

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to the code 134 letters went out to the affected area beyond and around the property and these

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are the addresses our certificate of mailing is here and our verification that we've had this

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RCO meeting as well, our tax clearance. And in the meeting, we did receive support from the

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Frankfurt NAC, the Neighborhood Advisory Committee, and the members of that board did

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supply to this board a letter of support for our variance. So at this time, I'd like to bring on

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And if Mr. Bogdan is in, he should be in the presentation by now, hopefully I can bring him in.

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If he could be advanced as a panelist so that I can have him authenticate my testimony on his behalf at this time.

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Bogdan, if you're still in the audience, please raise your virtual hand.

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Mr. Bogdan?

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yes he just texted me and said that he can see me so i'm hopefully he can um he can make that uh

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please i'm just texting him to have him to please raise his hand i know he's listening

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hello all right could you state your state your name please and spell it for the court reporter

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Hi, my name is Bogdan Luca. My last name is L-E-U-C-A. And I'm the owner of...

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And what's your first... Go one more time. What's your first name again?

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Bogdan. B-O-G-D-A-N.

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

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I do.

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Proceed, counsel.

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Yes, Mr. Bogdan, if you could please, were you here to watch and to listen to the testimony that I gave on your behalf, on behalf of the project at 4692 Hawthorne Street?

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I did.

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Okay, and was it true and correct and proper?

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Yes.

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Is there anything you'd like to add to it, or is it pretty much what I've already testified to?

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I don't want to add nothing so far.

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okay great and would you accept my testimony as your own had you been able to testify in that way

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yes i accept questions from questions from the board no mr chairman no mr chairman no no mr

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chairman and council just for the record there's always been two front doors yes yes okay all right

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and questions or comments from the virtual audience

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i see no other hands mr chair planning commission

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thank you chair sarah bond philadelphia city planning commission s-a-r-a-h-b-a-n-h

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in 2012 the zoning map was amended to rsa 5 at this location in accord with recommendations from

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the comprehensive plan the appellant has not supported their hardship claim with evidence

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of unique physical circumstances or conditions of the property the city planning commission

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recommends that the Zoning Board deny the variance.

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MI 2022-006113

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M.I. 2022-006113-4692-4thorne Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you, thank you, members.

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And number 13, MI-2022-005-365, 4001-203, Kensington Avenue, Augusta O'Neill is the attorney, letter of support from Council Member Squilla, letter of support from Impact CDC.

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Just coming back in as a panelist, sir.

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Okay.

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Good morning.

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Good morning, counsel. Could you state your name, please, and just spell it for the record?

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Sure. My name is Augusta O'Neill. That's spelled A-U-G-U-S-T-A. My last name is spelled O-N-E-I-L-L.

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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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I do.

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Could you identify your client in relationship to this property?

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Sure. My client is MCB Real Estate. They are the equitable owner of the property at 4001-03

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Kensington Avenue. They have the property under an agreement of sale.

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okay and our our vice chair has just a few questions sure good morning counselor do you

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agree to waive the reading of the refusal and stipulate to a zag receipt i do thank you have

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you emailed all the required documents and exhibits that are required to proceed with this case five

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days in advance of this hearing i did thank you please proceed and share your screen thank you so

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much. Sorry, I shared the wrong screen. There it is. Okay. Thank you so much, members of the board.

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As stated earlier, my client is the equitable owner of the property that is located at 4001

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Kensington Avenue. Just to orient the board to the location, up on my screen is an aerial map

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showing the property. The property, as you can see, is located off of Kensington Avenue

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and Worrell Street. It is west of the Frankfurt Creek. You can see that the creek runs right next

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to the property. This property was currently the site of a Walgreens. As you can see from

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these pictures, the Walgreens has since been abandoned, and it is a site that has a lot of

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trash and graffiti. This is just another view of the building. But it's currently vacant and

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therefore has become a bit of an issue for the neighborhood as far as nuisance. So our proposal

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is to redevelop the property and put up a 150,000 square foot five-story self-storage facility and

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make some significant improvements to what is currently at the at the property. And so in your

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exhibit package, I provided some renderings showing what my client intends to build at this location.

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This is a rendering just showing, you know, the nice building. These renderings were created by

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JKRP, our project architect, who's also with me here this morning. Another rendering just showing

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different perspective of the building. It was included in your package. And not only are we

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improving this vacant site and putting up a nice new building, but we're also going to be doing

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some significant landscaping, as you can see from the landscaping plan that was also provided in my

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exhibit package. We're going to be providing a few rain gardens, which are going to be flanking the

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building on either side. And so as a result of doing this, this landscaping, we are able to

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reduce the impervious coverage that's at the property. Currently, the impervious area at the

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site is 90%, but with all of these rain gardens and the landscaping, we were able to reduce the

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impervious area down to 58%, which Planning Commission commended us for when we went through

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CDR process on this application. This property is zoned CMX3. The proposed use as a self-storage

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facility is not permitted by right in the CMX3 zoning district, which is one of the

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reasons that a refusal was generated on this application.

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We feel that this use is appropriate for the area because it is largely surrounded by

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some industrial uses, which again, I'll pull up my aerial map, just showing that there's

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quite a few auto sales near this building. So again, we feel that the, given the context and

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the surrounding uses, we feel that the self-storage would be an appropriate use. And I would like to

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note that we're not asking for any dimensional variances for the building itself because we have

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built what is a CMX3 compliance structure. So again, just going back to the refusal,

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built what is a CMX3 compliance structure. So again, just going back to the refusal,

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as you can see, the other refusals that were generated by this application relate to bicycle

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and vehicle parking. Due to really an anomaly in the code, there are an excessive amount of

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parking spaces that are required with this use. The code requires that we have 75 vehicle parking

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spaces with three accessible parking spaces along with it, as well as 15 parking spaces.

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We're proposing 10 parking spaces, one accessible parking space, and six bike spaces.

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The reason that we feel that this is an adequate amount of parking is based on the operator's

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experience that this is a very low impact, low traffic use. I'm sure anyone who's on the board

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and has a storage facility knows that you're not visiting your unit every day. You're going there

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occasionally. And so for that reason, we feel that a lesser number of parking spaces is appropriate.

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The bicycle spaces, we just don't need as many as the code requires because, again, most people are

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not going to bike up to this storage facility to either drop something off or pick something up.

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We did meet with the affected RCO on this project, the Impact Community Development

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Corporation. We met with them back on November 30th. As a result of that meeting, we did receive

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their unanimous support. And I would like to just note for the board that in their letter of support,

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one of the things that they also noted was, as I just stated, this building is a bit of an eyesore.

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And so they appreciated the fact that we're going to be adding safety, beautification, value, and

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jobs to their community. So again, they were in full support of the application. And just to

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briefly go over some of the variance criteria. The proposed development is going to restore the

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property from what is an eyesore and again an abandoned building that's attractive for

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nuisance activity. It's going to be an improvement to the existing condition. This is consistent with

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the character of the neighborhood, particularly the context that includes quite a few commercial

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businesses. In comparison with some of the other uses that are surrounding us, this is going to be

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an improvement because it's going to be a much less trafficked use. As I said before, self-storage

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facilities just don't generate a lot of pedestrian or vehicle traffic due to the nature of the

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business. Again, the proposed development is not going to cause any congestion in the streets for

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the reasons that I just referenced. It's not going to increase any kind of danger of fire or

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endanger the public health whatsoever. And it's not going to then substantially or permanently

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impair the use of adjacent properties that are in the neighborhood. So as I said, with me this

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morning is Devin Gray from JKRP. He's our project architect. Should anyone from the board have a

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question for him? I also have with me Mr. Ryan Whitmore. He's with Lancor. They are an engineering

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firm. So to the extent that anyone has any questions about the plan, he'd be happy to

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respond. And with that being said, I would like to call forward my client, Mr. Dan Schabel.

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

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Daniel Schabel, D-A-N-I-E-L, Schabel, S-H-A, B as in boy, E as in Edward, L as in Larry.

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do proceed counsel thank you good morning mr shabell did you have an opportunity to

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hear my testimony this morning i did and was everything that i said to the board true and

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accurate yes and would you like to adopt my testimony as your own yes thank you so much

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thank you members of the board i am i am available all right questions from the board

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No, Mr. Chairman.

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No, Chair.

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No, Chair.

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Questions or comments from the virtual audience?

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I do not see any further hands, Mr. Chair.

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Planning Commission?

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Thank you, Chair.

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Sarah Bond, Philadelphia City Planning Commission, S-A-R-A-H-B-A-N-H.

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In 2017, the zoning map was amended to CMX3 at this location

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in accord with recommendations from the Comprehensive Plan.

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The appellant has not shown that the property cannot be used in strict conformity with the zoning code

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and that a variance is therefore necessary to enable the viable economic use of the property.

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

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Thank you.

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MI 2022-005365-4001-03-Kentington Avenue, I vote yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is no.

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Thank you, counsel, you have your votes.

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Is there anyone in the morning session whose case has not been called?

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Mr. Chair, I do not see any hands.

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Okay. Thank you, everyone. A lot of cases done. See everybody at 2 p.m.

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Excuse me, Nikki, can we pause the recording?

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You can begin, Chair.

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Good afternoon.

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My name is Bill Bergman and I will be chairing the 2 o'clock CBA hearings.

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With me is the Vice Chair Ismail Shahid.

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Present, Mr. Chairman.

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Our board member, Thomas Hallamann.

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Present, Mr. Chairman.

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And our board member, James Snell.

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Present, Mr. Chairman.

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Also here is Hillary Emerson, our attorney, and our executive director, Tanya Stunkett.

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Here's our virtual format.

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Be advised, the proceedings are being recorded.

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The video will be available by contacting Tanya Stunkett at philo.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comment or testimony.

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All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at continuances for the two o'clock list.

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Is there anyone requesting a continuance for the two o'clock list?

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Good afternoon, Mr. Chair.

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This is Jason Hand.

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I do not see any hands raised for continuances at this time.

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I have a few withdrawals for the two o'clock list.

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Number one, MI 2022 006 085 4011 Meriden Street.

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