civus
Hearing video

ZBA Hearing - February 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 3, 20215h 41m

And as Mr. Brody said and Mr. Briscoe, we have enough businesses there.

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And I'm going to say this maybe in not such a nice way, but I don't understand why some businesses keep, we're trying to build up the neighborhood and why they keep coming in adulterizing, trying to trash it up with business.

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We just don't need that.

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And listening to the gentleman's presentation for the owner, at first they came in with a request for a steak shop.

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Then I heard him in his statement said something about pizza.

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briefly and then the halal business it's it's not a good corner it's the block is residential

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and it should stay residential as you're still working on and supporting the development of

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blanks to have a new business which is a block away thank you thank you anyone else something

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new and different is there any uh and do we have any correspondence from the i think it's

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councilwoman got the azo district if i'm not mistaken

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excuse me this is sarin i believe andrew goodman is um present and wants to testify

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yeah i thought he might be but all right he's been unmuted okay mr goodman you're still under

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oath please identify yourself for the record good evening andrew goodman g-o-o-d-m-a-n

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office of third district council member Jamie R. Gaudier. So yes, the council member stands

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with the community in opposition to the variance application proposed here in the spirit of

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something new and different. I'll just offer some additional clarity about this particular

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stretch of Spring Garden Street. Oftentimes with Spring Garden, we might think of the,

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you know, commercial arterial as it is closer to the Delaware Riverfront or at the community

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College campus, but this is a residential, significantly smaller stretch of Spring Garden

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Street, so just want to add that as clarity for why the residential zoning exists.

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Thank you for your time today.

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Thank you.

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Planning Commission.

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Mr. Chairman, whenever you'd like me to weigh in.

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I'm sorry, sorry, go ahead, please proceed.

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That's okay.

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I appreciate it, but if you'd like to hear from the Planning Commission beforehand, that's fine.

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Go ahead. We keep the Planning Commission until the last.

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Okay. Thank you. I appreciate that.

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let's remember that the property in question has never been a single-family home.

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Let's remember that the property

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in

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We're talking about since 1895, which I've already provided evidence for.

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It is 23 feet wide.

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There are no single family residential homes on Sloan or on Spring Garden that are even close, you know, to that, you know, that size.

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So to ask my client to build a single family home on this lot would be, you know, flying in the face of 135 years of history.

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My client has already proposed that we present a halal restaurant on the Spring Garden sign that would have, again, lighting around the property, surveillance around the property, commercial trash pickup around the property.

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not quite sure uh why the board or or anyone else would suggest that this property after 135 years

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should all you know ultimately be a single family house when again a single family home has never

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sit on this lot uh and as a result you know i'm respectfully requesting the relief so that my

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my client can build not a two-story or a three-story, you know, property, literally just

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wants to put a property that is at the same height, just something that's functional and workable

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and that, that is, you know, something that could be an attribute to the community.

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and with that i want to close but one one more thing um if you look at every other lot on sloan

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street it is they are every house is 15 feet wide and they are single family homes there is a reason

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why this particular property is 23 feet wide and 60 feet deep, because it does not acclimate to

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the Sloan Street single-family homes, but it actually acclimates to the CMX and RM1 properties

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on Spring Garden. There is not one single-family home that fronts Spring Garden, and there's a

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reason for that. Spring Garden is a busy street. It's a noisy street. It's a loud street. A single

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family property on this property has never been a plan for the city of Philadelphia based on the

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evidence I provided this evening, not since 1896. So if we were to deny this appeal this evening,

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we would be flying in the face of of you know precedence uh for 135 years

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and again my client is willing to um be very strict with his with his operation uh he's

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he's already agreed to hours of operation that go from 12 noon to 9 p.m nothing else

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nine hours a day, around-the-clock surveillance, outdoor lighting, property management information

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given to everyone on the block. So I'm not quite sure what the issue here is other than the

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hope that a property that's never been a single-family home ultimately becomes a single-family

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home despite its irregular shape size and inclination and um i just think the board i hope

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will will think that uh will at least uh you know you know review the history

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and you will see where we sit thank you thank you um just because a property has not been used as a

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residential for 135 years. There may have been a time and that held water. But in the last 20 years

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or so, commercial buildings, manufacturing buildings have been converted into residential

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buildings. So I'm not I'm not suggesting that, by the way, also, I just like to say

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So I'm not I'm not suggesting that, by the way, also, I'd just like to say I'm not suggesting that the community would be in favor of a multifamily.

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But I think their main objective is to keep that from being a commercial, especially with a window service.

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It could turn out to be considerably like a Pats and Geno's hours of operation are different.

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I get that. But I think that's their concern.

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So your client may want to have a conversation with the community and the county office.

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I get that.

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Let me finish.

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I get it.

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That may want to have a conversation with the community.

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There may be a way for him to make it economically feasible to create more than one multifamily.

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With that, we will go to the Planning Commission.

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Mr. Chairman, just for the record, we agreed to 12 noon to 9 p.m. hours of operation.

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I said that.

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I said I know the hours are different.

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I get that.

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Thank you.

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okay thank you thank you mr chair uh this is mason austin with the planning commission

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this property is indicated for residential single family and the city's comprehensive plan and is

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zoned for that purpose the city is the property is not located on a commercial corridor and there

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is significant neighborhood opposition to the proposed use accordingly the planning commission

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as opposed to the requested variance. Thank you. MI 2020-002341 450 Sloan Street, my vote is no.

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My vote is no. My vote is no. My vote is no.

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Thank you. Number eight, Carol? Yes, calendar number 2342, 6168 Ridge Avenue.

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I understand there's a letter of support from Central Roxborough Civic.

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Yes.

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Justin Crick is the attorney.

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I'm promoting him to panelists right now.

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Thank you.

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He is now a panelist, Madam Chair.

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Justin, can you please put your name and address on the record if you can hear me?

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yes i can hear you okay good sorry name and address name and address please spell your last

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name justin crick k-r-i-k address is 1500 jfk boulevard suite 630 philadelphia pa 19102

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

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i do do you also agree to waive the reading of the refusal and stipulate to its accuracy

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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Yes to all.

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You may proceed.

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Thank you.

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Thank you.

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If I may share my screen.

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Thank you.

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Sure.

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Members of the board, we are here today for the property at 6168-72 Ridge Avenue.

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The refusal or the application that we have submitted is for the erection of a static internally illuminated wall sign and for a double face projecting sign.

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Based upon the overlay in the district, the Ridge Avenue overlay, this sign was refused for its design as a matter of just the plans examiner's interpretation of it.

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However, we have met with the, let me just situate you with the property.

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We are on Ridge Avenue between Crams and Leverington.

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And just a little bit, a very busy commercial corridor with lots of restaurants.

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And what we're planning to use with this sign is a restaurant use.

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We are actually this storefront here.

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That would be the New Ridge Brewing Company.

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and we're located next to the Santucci's and there are some residences above and here it is from

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another angle a side angle so the front of the facade no longer looks like this it has been

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transformed into this in preparation for my client's use my client is the proposed tenant

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of the property the lease information is attached below but the sign design that would go right

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along this facade is channeled letters, but not a racetrack of lighting behind it. They're

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individually lit letters. They are in a sort of royal blue setup. And I'm going to zoom in here

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as well so that you can see. Give me one second. The protruding sign is going to be a round sign

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that basically just has the logo for the restaurant on it,

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the restaurant on it, the New Ridge Brewing Company. We have met with the neighbors and

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the New Ridge Brewing Company.

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We have...

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demonstrated several other photographs of restaurants nearby that have similar letters

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or letters and signage that we believe is comparable. Admittedly, H&R Block was

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grandfathered in before the overlay, and to the best of everyone's knowledge, we're not sure how

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this one is there, but nevertheless, they also have a large protruding sign. I'll make it pretty

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quick because there's a few others here in the area that are similar. But overwhelming support

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from the Neighborhood Association after discussing this with them. For clarity, my client bought the

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property originally from the Roxborough Development Corporation, which was integral in developing the

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overlay. And we have correspondence from them that while these are the facade controls for that

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overlay and what's allowed and what is not, they have given us their opinion separate from the

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neighborhood that the intent of this overlay was to eliminate internally illuminated box and awning

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signs and then as it continues it says we did not intend internally illuminated channel letters

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or internally illuminated letter form signs to meet this prohibition so for those reasons

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i'll get through the formalities in a second you have the zoning poster that has been posted

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an initial page of the lease agreement between my client and the landlord and the rest is available

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request. Here's the deed to the property for the Roxborough Development Corporation, or at least

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the most recent one of record, and the tax clearance certificate. So members of the board,

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the sign we're seeking to put up, we believe that it necessarily shouldn't have qualified under the

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prohibition of the overlay, but nevertheless, whether it did or didn't, the neighborhood fully

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supports the design and is in favor of it. And we're asking for the relief requested

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to be allowed to place the signage.

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I do have a gentleman, Mr. Eric Endricat,

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who may have raised his hand already,

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to testify on this behalf.

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Good evening, Eric.

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Please identify yourself for the record when you get on.

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Spell your last name, and I'll swear you in.

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All right, it's Eric Endricat, E-N-D-R-I-K-A-T,

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and the address is 6168 Ridge Avenue,

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philadelphia pa 19128 you swear and affirm to tell the truth the whole truth and nothing but the

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truth i do please proceed mr quick thank you eric um have you had an opportunity to listen to my

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testimony to the board today yes and would you accept all of the statements that i made to the

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board as true and correct to the best of your knowledge yes absolutely and do you accept my

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statements as your own testimony as if you provided it yourself yes i do thank you very much

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uh members of the board we are we we would like to proceed we rest thank you questions from the

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board no anyone else like to testify in this case please raise your hand

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no further hands at this time mr chair thank you planning commission thank you uh mr chairman and

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members of the board this property is indicated for commercial mixed use in the city's comprehensive

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plan in a zone for that purpose the restriction on signage is due to an overlay that was implemented

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to support the commercial uses on ridge avenue given this context both neighbors and the rocks

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boro development corporation the planning commission has no opposition to the request

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variance thank you mi 2020-002342 6168 ridge avenue my vote is yes my vote is yes my vote

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is yes my vote is yes thank you members of the board maybe yes you may have a good evening stay

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safe you too thank you calendar number two three four four six two two seven kella hill street

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mr joseph console has um raised his hand i will

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i understand is a letter from hmc square community association in support

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mr consul can you put your name and address on the record and spell your last name please

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yes good afternoon good evening everyone last but not least tonight joe consul consul madison

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one west third street suite 204 media pennsylvania one nine zero six three

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you swear or affirm to tell the whole truth and nothing but the truth i do yes do you also agree

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to weigh the reading of the refusal and stipulate to its accuracy i do and have you emailed the

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exhibit packet with proof of ownership tax compliance refusal referral photos and or

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

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plans of the property five days in advance

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and have you met with the rco and do you have a letter yes we said everything and yes we met

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with them twice and we have a letter of support okay you may proceed hi board uh the property

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i'm here for is 6227 callow hill street uh owned by michael's construction llc michael spencer is

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here with us. He'll verify my testimony in a moment. This property is at the corner of Callow

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Hill and Felton Street. Here's a just showed your front view. Here's a side view. It's from across

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the street and that's in the rear. It is a 1,790 square foot property. In 1977 it was granted a

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variance to be used as a three-unit building. It was commercial mixed use prior to that. According

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to the neighbors, it was rented as a three-unit building until it fell into disrepair. Michael

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bought it last year. The prior owner had had it for a long time before that. Michael is seeking

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to use it as a three-unit building once again. The floor plan is on page 17 in your packet. I've got

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it highlighted i cried all right i got it highlighted here uh the first floor has a one

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unit as well as a studio apartment the second floor has a two-bedroom unit we met with the hmc

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squared community association twice first time on december 3rd they were in favor but they had

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several requests so we uh we deliberated we met with some neighbors we came back on january 28th

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and we received near unanimous support at the first meeting there was concerns about noise trash

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fire safety and water the potential for water in the basement because a neighbor had believed that

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it had history of that the owner agreed to meet with an extra neighbor and several other neighbors

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as I said address these issues again the place has been dilapidated for a long time so things

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like noise and trash were speculation. But still, we brought back our new plan to the community on

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the 28th of January, got near unanimous support. We believe the project helps improve a corner of

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