civus
Hearing video

ZBA Hearing - August 24, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 24, 20226h 4m

Letter of support from South Broad Street Neighbors Association

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with proviso commercial use on first floor only.

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Letter of support from Councilman Johnson.

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Mr. Ward is coming back in as a panelist.

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Thank you.

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Sorry, Mr. Chairman, a little slow getting.

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Everybody's a little slow today, Sean.

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It's not getting in today.

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

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Yeah, first name is Sean, S-H-A-W-N, last name Ward, W-A-R-D, attorney for applicant. My address is 331 East Street Road, Trivos, PA, 19053. Here on behalf of the owner applicant of the subject property.

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

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I most certainly do.

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Could you identify your client, please?

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Yes, Mr. Chairman, I represent the Del Borello Realty 1122 LLC, the owner of the property and

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Del Borello Financial Group, which is the applicant operator of the subject space.

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Mr. Holloman has a few questions.

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Good afternoon. Good afternoon, Counselor. Do you agree to waive the reading of the refusal

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and stipulate to his accuracy yes I do with one note as I would get to in my

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Yes, I do. With one note, as I would get to in my presentation, that the proposed use listed for the second floor is not business and professional. It is a dwelling unit.

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I didn't file the application, Tom, so I can't bear responsibility for that one.

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Okay, no problem. Did you email all of the exhibits and the documents as required, such as proof of ownership, tax clearance, copy of refusal or referral, pictures or drawings of the property, five days in advance of this hearing, and did you meet with the RCO, and do you have a letter?

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Yes, to all of the above.

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Please proceed.

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Thank you, Tom.

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Mr. Chairman, I've submitted my typical exhibit packet, which includes A1 as the notice of refusal.

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Again, the application was submitted for a permit for a personal credit establishment at the first

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floor, which would include a check cashing and buying and selling of gold. And it included a

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business and professional office at the second floor with a dwelling unit at the third. However,

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I note to the board that we do not propose any business or professional use at the second floor,

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as it's going to be a dwelling unit which is permitted by right in the district and as is

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for that matter business and professional office however the proposed use is as a dwelling unit

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at the second floor. The application resulted in two refusals one is that a regulated use is

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prohibited within 500 feet of a residential district or a religious property. 205 feet

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approximately down South Broad Street is a Roman Catholic church. And the other was for personal

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credit establishment prohibited in the district. Accordingly, we see use variances today. A2 is

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the ZBA application of appeal. A3 is the project information form. A4 proof of ownership. A5 proof

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of tax compliance. A6 are floor plans on the first floor, proposed use. A7 are photographs.

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A8, separate from the packet, is the letter of support from South Broad Street neighbors.

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A9, if submitted, would be Councilman Squilla's letter, and I would ask that that be marked as

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A9 if so. A10, as far as zoning, relevant zoning history, beginning back in 1960 up through about

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1982, it was used as a beauty shop and either one family, three family or two family. In 1982,

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auto tags agency and three family, 83 and 99, again, a business office for auto tags and three

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family. With regard to the current location of the applicant, they are directly across the street at

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1123-25 South Broad Street, where we appeared before the board years ago to obtain a variance

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for that use. However, pursuant to our agreement with South Broad Street neighbors, we are going

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to file an application to abandon that use and discontinue it upon approval of this one. So 812

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would be the zoning map and 813 is the aerial photo. Not to waste the board's time or be labored

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a point we have the refusal as discussed the application of appeal the project information form

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copy of the applicant's deed

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proof of tax compliance as you can see all real estate taxes are paid through 2022.

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with regard to the floor plan at the first floor we propose uh there is a dedicated entry

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on the right side of the facade for the lobby of the business where there would be a service

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counter window for the check cashing and business use. Behind that would be an office area,

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a general area for storage, and a small kitchenette at which the employees could

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have their breakfast, lunch, or afternoon snacks. Moving on, as far as the front facade of the

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property it's going to remain unchanged we have we have a nice brick facade building there is a

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dedicated entry to the right as i stated for the business use a dedicated entry on the left

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for access to the upper floors for the residential use we have our

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posting as you can see clearly displayed in the front window this is a view from across the street

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another view from across the street the properties to the left include beauty town two

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The properties to the left include Beauty Town 2, looks like a retail store, and the, I'm sorry, looks like the, some sort of other non-residents are used there.

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I can't quite tell from that picture.

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To the right is some sort of auto-related use.

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Here is a Google angle shot from above. As you can see, this is St. Rita de Cachia, located about 200 feet, 205 feet, give or take, from the subject property.

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Right across the street is our current location for our United Check Caching.

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This is a view of Broad Street facing north, as you can see the high rises in center city.

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A view of Broad Street facing south.

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And then I attached in my packet copies of all of the zoning permits for the subject throughout the years.

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Again, there is a photograph of the current property across the street, which is basically vacant, but for the use as the United check cashing pawn jewelry store use, which is going to relocate across the street.

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Again, that permit was granted pursuant to a ZBA variance back in 2014.

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Here is a copy of the zoning map.

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As you can see, the subject property is zoned CMX2 commercial.

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Directly across the street is CMX2 commercial.

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One of the reasons for the generation of refusel is that we are within 500 feet of a residential zone,

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which is on the other side of Ellsworth Street.

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And then, as normal, I always include a Google aerial just to show the location of the property with building and perspectives.

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So it's located between Washington Avenue and Ellsworth Street.

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The South Broad Street Neighbors Association issued two letters, one which had some typos in the last sentence, which were corrected by Anthony Bertiniti.

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and there was two provisos proposed. One was that the first floor be used for the check cashing

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business while the residential uses were on the second and third floors, no business uses above

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the first floor. And they referred to our reference or recommendation and representation

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that we were going to file an abandonment or discontinuance of the personal credit

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establishment use across the street. Obviously, they don't want two of those in close proximity,

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and neither does my client. He wishes to just relocate from one side of the street to the other.

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So presently, I have in draft in Eclipse the application to change the use, to abandon

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then I discontinue that personal credit establishment use at the first floor at 1123-25.

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So that is the sum and substance of my application and presentation. I do have Peter Delvarello

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who is in on the call. Peter, if you can raise your hand virtually by clicking the

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uh center of the bottom of the screen um we would then have you uh brought in so you can testify

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sir could you please unmute yourself

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hi could you state your name and spell it please for the court reporter

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yes uh peter delbarolo d-e-l-b-o-r-r-e-l-l-o do you swear for him to tell the truth the whole

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truth nothing but the truth i do proceed counsel thank you mr chair uh pete you've heard my

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representations to the board today yes are they true and correct to the best of your knowledge

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information and belief they are and you adopt them as your own testimony as if you had been

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called to testify today i do thank you very much questions from the board no mr chairman

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questions or comments from the virtual audience

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i see no excuse me i have peter zutter yeah i was going to say peter peter was

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set in on the previous case i wouldn't miss good good you've already been sworn sir just state your

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name

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mr zutter please unmute yourself okay can you hear me you've all you've already been sworn in just

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okay can you hear me you've all you've already been sworn in just state your name uh my name

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state your name. My name is Peter.

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is peter zutter is uh peter p-e-t-e-r zutter z-u-t-t-e-r proceed counsel

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peter go ahead oh yeah i i have nothing new to add i just wanted to make sure that the right

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letter was in there um that was really the main reason i wanted to come to this um apologies for

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that little error um all right but i have nothing to add over what uh mr ward thank you for calling

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in we appreciate it anyone else in the virtual audience i see no handshare planning commission

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so ron bednar city planning this property is indicated for commercial mixed use on the city

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plan given the physical site conditions and the surrounding use context we have no objection to

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the granting of the barriers. Thank you. MI 2022-001-937-1122 South Broad Street, I vote yes,

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proviso. Commercial use on first floor only. Thomas Holloman, my vote is yes, we provide so.

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James Snell, yes, we provide so. Ishmael Shaheed, yes, we provide so. Thank you. Thank you very much,

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Chairman, have a great day. Thank you. Number five, MI 2022-002-125, 1337 East Pashunk Avenue.

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Vern Anastasio is the Attorney, Letter of Non-Opposition from Pashunk

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Square Civic Association and Letter of Non-Opposition from Councilman Squilla.

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good afternoon good evening Mr. Chairman you you have already been sworn to state your name

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sure Vern Anastasio A-N-A-S-T-A-S-I-O could you identify your client and the relationship to the

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property I represent Ms. Tracy Wong who is the owner of the property in question at 1337 East

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past yonk avenue mr holliman thank you counselor uh do you agree oh good afternoon counselor

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do you agree to wait the reading of the refusal and stipulate to his accuracy i do sir did you

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email all the exhibits and documents as required such as proof of ownership tax clearance copy of

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the refusal referral pictures of drawings of the property five days in advance of this hearing

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and did you meet with the rseo and do you have a letter yes to all that please proceed thank you

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this application is for uh legalization of a two-family dwelling pre-existing non-conforming

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use and i want to show you here here is a plot plan of the property in question i'll pull out so

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you can see this here is the property at 1337 east pass yonk it is a side yard that is used

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for the first floor apartment for trash storage and then i'm going to pull out here

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so you can see the rest of the building

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here's a again here's a one apartment here on the first floor on the second and third floor we have

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a four-bedroom apartment. Off the kitchen, there is a large room where there's not only

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space for a laundry facility and also trash storage right off the kitchen on the second

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floor. This property is on a street. The 1300 block of East Passchunk Avenue is what we

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would consider a transition block. It is a one block in the city of Philadelphia, in

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South Philadelphia, that essentially connects East Passhunk Avenue and that commercial corridor

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with the 9th Street Italian Market and that commercial corridor. And therefore, this block

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is a healthy mix of multifamily dwellings and commercial uses. As you can see here, we've got

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garages that have been converted into eating and dining facilities. We've got other

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multi-family dwellings and industrial sort of uses we've got a bike shop here across the street

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we've got a party store a barber shop we even have a cbd at tanning and teeth whitening store

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right next to a a small supermarket so it's uh it's got lots going on it's mostly multi-family

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and commercial mixed use. Here's proof of two electric meters accounts, two gas meter

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accounts, and two hot water heaters. So this has been

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And two hot water heaters. So this is a long standing multifamily mixed use sort of property. Here's the flyer that went out to the community, both invited them to the neighborhood meeting on May 10th.

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And of course, to today's, this evening's hearing, we have proof of mailing. 146 individual households were mailed. And as a result, we've got a letter of non-opposition from the Passion Square Civic Association, which, as we all know, are pretty on point when it comes to monitoring variances.

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So with that said, because of the transitional nature of the block, because of the multi-uses, not only multifamily, but also commercial mixed use on this particular block that connects East Passion Avenue to the 9th Street Italian market, I respectfully request the granting of this variance.

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And with that, I have Tracy Wong, who I would ask that she raise her hand to be recognized.

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hi could you state your name please and spell for the court reporter

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do we see her hand yes chair but it's not allowing me to

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allow her to speak or she's not able to speak okay um counsel you're an officer of the court

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your testimony is fine yep uh for the record i just want to make sure that i put on the record

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that she would adopt my presentation as her own testimony thank you mr chair

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no mr chairman questions or comments from the virtual audience no

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planning commission this is uh ron bednar city planning its properties indicate for residential

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on the city plan given the surrounding use context we recommend the request for advance

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be granted. Thank you. MI 2022-002-125-1337 East Pashunk Avenue. I vote yes. Thomas Holloman. My

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vote is yes. James Snell. My vote is yes. Ishmael Shaheen. My vote is yes. Thank you all. Have a

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good evening. Thank you. Number six, MI 2022-002-132-3111 West Allegheny Avenue.

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Letter of support from Ridge Allegheny Hunting Park Civic Association and letter of support

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from Councilman Curtis Jones. Good afternoon, Chairman Bergman and members of the board.

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

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Yes, Mr. Chairman.

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Adam Laver, L-A-V-E-R, Lank, Rome, 1 Logan Square.

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Right.

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

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Yes, Mr. Chairman, I do.

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Could you identify your client in relationship to the property?

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yes i represent 571 pbhq associates llc which is the owner of the subject property i further

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agreed to waive the reading of the notice of refusal and stipulate to its accuracy

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in addition mr chairman and members of the board we submitted all zoning board of adjustment required

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documentation to counsel for the zoning board five plus days in advance of this hearing including a

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letter of support from the coordinating rco which followed a public community meeting in this matter

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mr labor start sharing your screen please yes sir

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mr chairman members of the board uh the current ownership purchased the property in late 2020

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with plans for the adaptive, community-oriented reuse of the structure.

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With us this afternoon is Anthony Bates on behalf of the ownership,

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along with Christopher Tantillo of Tantillo Architecture.

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On the screen before you are aerial photographs of this site.

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The developer's vision calls for the repurposing of the former Pep Boys Headquarters industrial property

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located on the 3100 block of Allegheny Avenue, which is seen in the foreground of the photograph

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wrapping around to 32nd Street. It's very difficult to see, but the tower here

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still has the Pep Boys logo. Here's another aerial photograph showing you Allegheny Avenue.

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Allegheny Avenue. And here is looking at the property from the inside, the industrial inside

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And here is

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facing out. The property has been significantly underutilized as the neighborhood's industrial

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path has shifted and residential living has expanded. You can see the residential living

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to the right and up really wrapping the property. The immense complex itself begs for revitalization

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to reemerge as a living, breathing part of the vibrant residential neighborhood that surrounds the site.

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Here you can see the front of the property fronting on Allegheny Avenue.

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And to the left of the photograph is the subject property, just giving you a sense of the full span of Allegheny.

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And another photograph here wrapping around on 32nd Street.

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The property itself is five stories, as you saw in the aerial photographs.

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The ownership seeks to meticulously preserve this property with the help of Tantillo architecture, and you can see a conceptual rendering for a mixed use conversion on the screen in front of you.

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I had mentioned support letters. Pardon me. On the screen before you is a support letter from the coordinating RCO, Ridge Allegheny Hunting Park, RAH Civic Association, as well as the following letter of support from Council Member Jones.

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zones.

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Moving to the site plan, the large parcel is zoned ICMX industrial commercial mixed use,

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as shown here also on the zoning map.

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The proposal calls to restore the entire property inside and out to convert the use to 165 residential

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apartments, 73 Class 1A bicycle parking spaces, and 185 off-street parking spaces. There are

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additional buy-right uses at the property as shown on the plan in front of you. The ownership

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