civus
Hearing video

ZBA Hearing - May 28, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 28, 20257h 56m

information okay thank you

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Number one, MI 2024-004-946-2137 South A Street.

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Dennis George is the attorney.

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Good morning, Mr. George. Could you please state your name? Make sure you turn that on for me if you would.

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Got it.

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Okay. Make sure you get as close to you as you can.

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Will do.

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Could you state your name and spell it for the sonographer?

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Dennis George. Last name G-E-O-R-G-E. First name Dennis. D-E-N-N-I-S.

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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, the relationship to this property?

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Patrick Zen, Z-E-N-G, he is the owner of the property.

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And our vice chair has a few questions.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal or stipulate to his accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that's needed and required to proceed with this case five days in advance of this hearing?

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Yes.

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Thank you, counsel.

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Please proceed.

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Thank you.

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Good morning, Mr. Chairman.

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good morning members of the board um i have um the submission of the documents which include

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the refusal the application for appeal the project information sheet the deed the tax compliance

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letter the plans the neighborhood notification letter the rco rejection letter uh or non-support

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i'm sorry and the supplemental photographs i can go over any and all of the documents that

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So why don't you start with your refusal and then make your presentation?

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Yeah, the refusal is for, we have requested, it's currently two residential units with a commercial first floor.

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If you note on the refusal, this formerly was granted a three-family dwelling back in 65 with the removal of the commercial aspect of the property.

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What has occurred since my client acquired the property in 2009, at that time he acquired it, it was two units, two residential units and a commercial space.

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It was rented at one point by a small insurance firm, but since the pandemic, like many properties similar to this, there has been a vacancy.

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Since 2020, this has been vacant, and so have other properties on that block been vacant that are commercial.

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The problem I think we have here, and we'd like to convert the first floor to a living unit so that it is no longer vacant and it becomes functional.

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The issue, I fully understand, having practiced before this board for over 35 years, that it's difficult when the RCO has a non-support letter.

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I'd just like to note in the RCO refusal, there were a total of four people at the hearing, two opposed, one was in favor, and one abstained.

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In addition, I understand the councilman has supported the RCO and has a letter of opposition.

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I think in consideration of this, the uniqueness of this property, can we go to the photographs, Nick?

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keep going i want to see the property next

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this is the property next to my client's property which is whether legal or not

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i i'm not going to comment on but is a multi-family unit with a first floor garage go to the next

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photo. Next to that property is an automotive garage and a multifamily unit. This is two

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doors away from my client's property. Next photo. That's just a bathroom, some interior

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photos. There should be a photo of the other property next to my, this is the interior

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space of my client currently. And this is the property next to my client, which is also vacant

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with the commercial unit and apartments up top. If you notice, my client's property has two

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entrances and our position would be it would be more functional if it's occupied and used as a

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residency rather than continuing to be vacant. We don't see in the foreseeable future with the

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internet age anyone attempting to rent this facility for commercial space in

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the future quite frankly insurance companies and other small companies no

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insurance companies and other small companies no longer utilizing spaces like this and we think it

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longer utilizing spaces like

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would be a unique situation and would not harm the public safety to convert it to a residency

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questions from the board

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questions or comments from our attorney not at this time mr chair questions or comments from

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the virtual audience? I see no hands. Sir, could you have your testimony adopted by your client?

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Just having to state his name. My name is Patrick Zhang. You got to get to the mic. Okay. My name

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is Patrick Zhang, P-A-T-R-I-C-K Patrick Zhang, Z-E-N-G. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? Yes. Please proceed, counsel. Have you heard the

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testimony today? Yes. And do you affirm and consent

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that it's true and correct? Yes. Thank you.

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Planning Commission. Thank you, Chairman, and good morning. David

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Fecto, F-E-C-T-E-A-U, with the

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City Planning Commission. Do you swear or affirm that tell the truth, the whole truth, nothing but the truth?

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Yes, sir, I do. Please proceed, sir. Thank you, sir.

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Chairman and board members, the comprehensive plan recommends no change

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to the rsa5 residential single-family zoning at this location the city rezoned this neighborhood

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in 2019 in accord with the recommendations from the comprehensive plan this property has a

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documented history as a multi-family dwelling the elimination of the commercial unit will bring this

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property closer into compliance with the residential zoning the city planning commission recommends

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that the board grant a proposed use variance for three dwelling units.

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MI 2024-004-946-2137 South A Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanada Graham, my vote is yes.

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Kaya Nguyen, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you, Mr. Chair.

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Thank you, Councilman.

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Number five, MI 2024-005-327-2801, Grant Avenue.

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Julie Bernstein is the attorney.

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Can you turn your mic on, please?

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And pull that as close as you can on the mic.

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

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Julie Bernstein, J-U-L-I-E-B-E-R-N-S-T-E-I-N.

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

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I do.

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Could you identify your client, the relationship to this property?

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So my client is Empire Grant Avenue, LLC, and they are the owner of the property.

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Our vice chair has a few questions.

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good morning have you emailed in all the required documents and exhibits that's needed and required

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to perceive this case five days in advance of this hearing i have and yes i am thank you please

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proceed and i should mention that we have a recommendation of opposition from west tarsdale

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morel park civic association and i understand we have a letter now that came in i think this

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morning hillary am i right from council members also against is in opposition and i'll make sure

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you get a copy of that. Thank you. Well, good morning. I'm Julie Bernstein with Kaplan Stewart

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and I'm the attorney that's representing the owner of the property that we're here seeking

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relief in order to have approval for a seasonal outdoor expansion of a currently existing personal

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services fitness center that's existing on the property. The property is 7.36 acres and is located

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on the north side of grant avenue just southeast of the northeast philadelphia airport it's next

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to self-storage facility and otherwise doesn't generally have any other neighbors there's a

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railroad on the other side tracks the property is zoned as i2 industrial and which does not permit

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a personal services use which would be services associated with grooming instruction and the

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maintenance of fitness, health, and well-being by right within this area. However, this particular

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use has been approved since 2016, and there has been a gym on site. The property is improved with

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the 61,240 square foot structure. Why don't you show the photos? As you're speaking, it might be

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you should have this is just a general

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so this is just a general kind of site plan that we submitted the initial notice of refusal just

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to kind of give quick background was for it was a refusal for the expansion of this particular use

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but it also listed three issues with landscaping provisions these have since we've amended to

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withdraw our request for relief because the notice of refusal was subsequently amended when this

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particular plan was submitted showing that the landscaping did in fact comply but this shows to

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you kind of what the the very irregularly shaped property again you can see kind of the top of the

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property has this railroad that goes alongside above that is where the northeast airport is

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located and then kind of this is um it's really kind of sort of east of the property there's a

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self-storage facility um again the property is improved with a single kind of building right

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here and it has parking lot around and and counsel could you explain also the restaurant issue i think

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your your license has expired for the restaurant so um so why don't you explain what what it is

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so in 2016 they received this approval for um to have the gym and kind of associated office space

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um on the property and then in 2021 they came in with a kind of concept for a restaurant kind of

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health restaurant that would be a sit down and have some groceries where you could get vegetables

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and a juice bar those types of things that was improved approved in 2021 with a sunset provision

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um these were kind of ideas that were thought up as an expansion in you know response to covid and

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how to kind of deal with you know what happened and the impact on kind of fitness facilities to

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bring people back in they didn't end up kind of pursuing that the gym has been doing really well

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It's, you know, a great amenity for this community. And as you'll see at the end, I have 160 letters of support for this application, both from members and the neighbors who just really love it and think that this is not only a wonderful gym, but having outdoor space is really kind of a boon to the community and a space in which that people can go.

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one of the letters was from a doctor that actually even mentioned how, you know, typically the outdoor

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spaces for exercise in Philadelphia are targeted for children. Kind of the outdoor exercise

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equipment would be kind of kids' equipment. And there really isn't a space comparable to that

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for adults. It's not appropriate to go to that. So this kind of provides that outdoor space for

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the community. And there's just abundant support for this expansion. But again, they didn't end

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pursuing that so it did sunset i do want to let you know when you walk in i'll show you here kind

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of the internal photographs this is just a site plan i included of the building but this is more

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helpful these are the photographs so this building up the photograph that's on the left of this page

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is the way it looks right now um you kind of walk in at the back right hand part of this um

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photograph you can see there's sort of windows over there that's the entrance to the space

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When you'd walk in, you would check in. They have, you know, fitness beverages and protein powder, the types of things that, you know, people want when they walk into a gym and they maybe forgot their protein bar. Then you come in and they have all of this interior exercise space. I'll just point out for you, and the left point of the left photograph is sort of a hallway you can see.

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that would be the hallway that goes to the outdoor space that we're kind of talking about in this

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application. The outdoor space is at the rear of the building away from Grant Avenue.

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So here's some additional photographs of how the gym looks on the inside, taken very recently.

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It's a super active gym. Again, it's really nicely maintained and has different types of spaces for

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exercise equipment, kind of a personal yoga area and things of that nature. And then this is kind

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of the outdoor expansion that I'm talking about. So when you walk down that hallway, you kind of

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exited here, if you can see my cursor into this sort of this gray box that you can see in the

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aerial shot that has exercise equipment outside, sort of, you know, gym bars and things of that

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nature then in the green kind of space right below that there's some areas that um you would

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be able to kind of sit down and lounge and take a break have drinks and then they and have these

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basketball courts um which i think my understanding was sort of how this spawned people who went to

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the gym were looking for outdoor space to kind of play basketball and exercise and they slowly

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started expanding they did all around that already so there is so you can kind of see in these

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photographs that there's it's very much so sorry my tech skills are not fantastic so

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are not fantastic so i don't know if you can see here there's there's kind of like a wall there's

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I don't know if you can see here there's there's kind of like a

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a buffer along one side but this to the right the right right side of the photograph where the

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basketball court is there's almost like a full wall and it's taller than a human so if you were

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standing in the parking lot um you really wouldn't be able to let's see if i can zoom in so

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so this is the parking lot area and this kind of wall is what barricades in that outdoor space so

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the outdoor space is kind of behind this wall and so if someone's standing in there exercising

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they're kind of really blockaded off it's even kind of raised up as you can see there's this

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you know the car kind of goes and there's a stone barrier and then a wall even above that

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And otherwise, it's very much so kind of an enclosed space.

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Let's see if I can drive over so you can see closer.

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Counsel, were you at the RCO meeting?

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I was at the RCO meeting.

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Tell us what happened.

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So I think part of it was that I was the person who came to the RCO meeting.

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The owner of the property was out of town.

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We had a really long time trying to get an RCO meeting scheduled with actually, what is our RCO? They responded some and then wouldn't schedule a meeting. So we reached out to the council person's office to try to coordinate a new meeting. We got one with an RCO that isn't technically the West Torresdale that oversaw us.

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there were some people who thought this was like no big deal and then I think there were some people

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who just you know felt like they were a little maybe confused that there had been a restaurant

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that had been proposed and now we were proposing something different they weren't necessarily kind

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of following the change or the expansion I didn't get you know any kind of there was you know the

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only real feedback while I was in the room they obviously ask you to leave when they you know

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they discuss in private and then vote but the feedback that i got was can you guys have a yoga

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class outside so obviously whoever asked that because i can see the vote count you know was

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persuaded to vote no and i think part of it was potentially or likely the fact that as you can

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see here this was constructed and i do have two witnesses with me i have a representative of the

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but I also have a representative from Fusion Gyms, and he now understands that he was wrong,

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but I think in his mind he thought that a gym was permitted on site and then an expansion into what

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to him was like the backyard of his space was really no big deal. I understand that you don't

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agree with that. I understand that like he has now been advised he's working to pull all of the

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permits and knows that he will not do something of this nature without either coming for relief

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here pulling all of the necessary permits but i think in his mind there was just so much kind of

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excitement for some outdoor space and that there was you know in his mind you look outside outdoor

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space here and available and there was no there's really no neighbor there as you can see kind of

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it's blockaded in the parking lot what's next to that has felt storage and then even the center

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for autism that's leases another part of this building they didn't come to the meeting but

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they have written a letter of support they have no issue with this and have told the owner who

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then told me that they really like this neighbor they think they're great they've had you know

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some maintenance issues and the maintenance guy from fusion gym comes over and helps them so i

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think that you know this is a really nice business for the community and they really really really

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support it and unfortunately we did not get a hundred people to come out that night it was

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raining and it wasn't our rco to kind of express that to people who were unfamiliar with the site

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didn't understand where it was weren't familiar with the gym so didn't really realize you know

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what was going on and in their mind i think they're like well this is an industrial zone and

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the zoning says you're not supposed to do this and you didn't move forward with the last kind of

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proposal and so i don't really know why like this is needed now um but so again we're kind of here

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a mea culpa and asking to legalize this um it's really a beautiful space i went out there and

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again there's just the the community really loves it and you know we we do feel that this is a

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natural expansion of something that currently exists that you guys approved and really has

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