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Hearing video

ZBA Hearing - April 27, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 27, 20224h 7m

MI 2021-003-959-1250 North A Street.

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Alan Nockamson?

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Mr. Nockamson has been promoted to panelists.

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Mr. Nockamson, you've already been sworn.

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Just state your name for the record.

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I'm sure we're joining soon I don't sure we're fine I'm fine

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I'm just not to just state your name for the record you've already been sworn

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alan a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n could you identify your client the

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relationship to this property yeah for 1250 north 18th street um it is owned by bja real estate llc

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and i have its member shati cooks in the virtual audience that's 1250 north 8th right not 18th

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uh 18 12 50 north 18. okay mine's showing 12 50 north 8th i'm sorry i'll correct that 18.

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so that's mi 2021-003-959-1250 north 18th street um mr holliman has a few questions

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good afternoon counselor do you agree to waive the reading of the refusal and stipulate to his

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accuracy i do did you email all of the exhibits as required such as proof of ownership tax clearance

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

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did you meet with the rco and do you have an rco letter yes i actually have a letter

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of non-opposition there was no coordinating rco for this matter so we received we met with the

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council member the council president daryl clark's office who coordinated the community meeting and

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we have a letter of non-opposition okay please proceed and share your screen thank you

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hi i'm here to present 12 15 north 18th street this is in the kabat section of philadelphia

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in my presentation materials we'll go over the notice of refusal the letter of non-opposition

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from council member daryl clark's office nearby recently granted multi multi-family zoning

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variances which is what we're asking for here under similar circumstances maps of the area

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photographs of the property in the surrounding area our plans and drawings our rco meeting notice

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and proof of mailing of that notice or deed to the property showing that BJA real estate LLC is the

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owner of the property or applications for appeal that we filed with the zoning board of adjustment

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and our certificate of tax clearance. As I indicated previously in the virtual audience

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is Shati Cooks, the member of BJA real estate LLC and at the conclusion of my presentation

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he'll adopt my testimony and then we will be more than happy to take any questions from the zoning

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first things first uh we have the refusal this is an rsa5 property uh all we're looking to do

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is put a two-family dwelling in there and have an addition in the rear uh so we have two refusals

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first because this is an rsa5 property and we're proposing multi-family use we're being refused

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in that respect we'll go through the presentation materials you'll see nearby variances that cba has

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um we'll go through the presentation materials you'll see nearby variances that cba has granted

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under similar circumstances nearby uh second uh would be refused because of the rear yard that

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proposed is 8.43 feet basically eight and a half feet and what's required is nine feet but you'll

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see from the site plan that's a technical refusal um our rear yard depth is actually in excess of

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the allowable use it just we have a bay window that projects outward which is counting against

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that rear yard setback so we met with the community and based on the community input

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the council president issued a letter of non-opposition with the one proviso no roof deck

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so if this board does grant uh this uh variance request uh we would ask for a proviso stating no

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roof deck and then here's nearby multi-family structures um that the zba has granted over the

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years there's how many is one two three four five six seven eight nine ten eleven twelve thirteen

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1415 within a basically less than a two-block radius. Next door to us, in 2019, the ZVA granted

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similarly a duplex for 1252 North 18th Street. On the following block, on the 1300 block of

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North 18th Street, they granted a duplex at 1300 North 18th, a triplex at 1314 North 18th Street,

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a triplex at 1316 North 18th Street, and a triplex at 1320 North 18th Street.

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But instead of going for a triplex, we felt it was appropriate to follow what the Zoning Board did grant in 2019 for 1252 North 18th Street, our neighboring property of a duplex.

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Maps of the area. Again, we're in the Cabot section of Philadelphia. We're on 18th Street between West Thompson and Cabot.

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and then just the neighborhood in general from a google maps perspective

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my photographs of the property uh you know it's it's a property that definitely needs some tlc

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that my client purchased um and he's excited to do that and as you can see uh there has been new

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construction on this block and then this is north 18th street to the right of the property

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north 18th street to the left of the property and then our plans and drawings uh so you can see

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here from our plans we're not going any deeper than the house to the left of us and right here

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is our rear yard setback which is over 12 feet but this this projectile uh bay window is what's

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causing the de minimis variance requests. And that projects almost four weeks out.

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And then just our plans. Again, we have a lower level, which is bi-level unit number one, which

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is two bedrooms, two vats. And then units two and unit two is the second and third floor, which is

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also bi-level, which is two bedrooms and two vats. And then here's just a roof deck, which we would

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the past that the CVA, if they would grant this variance, just grant it with the variance, no

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roof back. And then here's our meeting notice. We met with the community on February 15th at

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6 p.m. We notified 150 people of this meeting. These are the addresses. This is the proof of

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mailing for that meeting. And then our deed to the property, again, showing that BJA,

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real estate LLC is the owner of the property. Our application for appeal to the ZBA,

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along with our notice of refusal and our project information form, and our certificate of tax

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clearance. With that being said, I would ask that Shati Cooks virtually raises his hand

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to adopt my testimony.

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I'd love to speak.

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Could you state your name and spell it, please,

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for the court reporter?

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Yes, my name is Shati Cooks,

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S-H-A-T-E-E,

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Cooks, C-O-O-K-S.

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Do you swear for him to tell the truth,

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the whole truth, and nothing but the truth?

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Yes.

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Proceed.

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Thank you.

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Mr. Coach, you heard everything I stated today.

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Yes.

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Is it true and correct?

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Accurate. Correct.

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And you adopt it as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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no mr chairman no mr mr knockamson when uh do you understand that means both decks

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No, Mr. Chairman.

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No, Mr.

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uh we do understand that to me thank you thank you um mr chair this is hillary for i would then

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have the proviso say no roof decks plural oh yeah i make sure it's clear okay thanks i know the one

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i gave you said no roof deck yeah i just want to make sure you're there thank you okay thank you

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questions or comments from the virtual audience

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no answer Mr. Chair

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planning commission

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good afternoon this is Greg Waldman

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of the city planning commission

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the comprehensive plan

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recommends no change to the single family

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zoning at this location

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there is no unique physical condition

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that would prevent this 937

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square foot lot from being used

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in conformance with the zoning code

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the block is solidly single-family except for one triplex a church and a rectory

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multi-family uses are not in character with the block the city planning commission recommends

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that the board deny the variance for two units it's not going to do you have any comments to that

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yeah i would just say that 1252 according to the city's record was approved as a triplex and

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excuse me a duplex in 2019 and there were four or five instances on the other block on the 1300

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block of North 18th Street, which were approved as triplexes as well. And then there's like

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probably eight to nine properties on Cybert Street, which is a block and a half away under

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similar circumstances. This board approved variances under similar circumstances. Okay.

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MI 2021-003-959-1250 North 18th Street. I vote yes with proviso. No roof decks, plural.

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Thomas Holloman, my vote is yes with Proviso.

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James Snell, yes with Proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you.

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Thank you.

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MI 2022-00640, 1401 Schuylkill Avenue.

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And I believe we have a second case.

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MI 2022-000-639-1421-55 Schuylkill Avenue.

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Sean Ward is the attorney, and Grace Ferry Community Council has a letter of support.

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Mr. Ward?

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good afternoon mr chairman good afternoon spell for the court reporter please

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sean ward s-h-a-w-n-w-a-r-d applicants attorney all right do you swear a firm to tell the truth

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the whole truth and nothing about the truth yes i do and mr ward we can handle both at the same

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time that's correct they're companion cases and it's a related use okay could you identify your

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client your relationship to the property my client is michael slocum doing business as 1401 schuyl

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avenue lp which is the owner of the premises as well as 76 carriage tours which i'm sure the

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board is familiar with um that is his company and that would be the operator at the location

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mr halliman has a few questions good afternoon council good afternoon do you agree to waive

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the reading of the refusal and stipulate to his accuracy tom i will waive a reading but i won't

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stipulate that i can explain those during my presentation okay did you email all of the

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exhibits as required such as proof of ownership tax clearance copy of refusal pictures drawings

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of the property five days in advance of this hearing did you meet with the rco and do you

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have an rco letter yes to all the above please proceed and share your screen

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okay can everybody see my screen yes awesome uh mr chairman i've

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submitted my typical exhibit packet again let me blow it up wait

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Again, I represent Michael Slocum. He is on the call. He does business at 1401 Schuylkill Avenue LP, which is the owner of the premises, as well as 76 Carriage Tours LP, which would be operator.

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And these are adjoining properties at 1401 Schuylkill Avenue and 1421 Schuylkill Avenue.

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The application was for the permit for the keeping of carriage horses on an existing lot, even though the refusals say existing lot, the one should say existing lot.

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Even though the refusals say existing lot, the one should say existing lot and the other should say existing structure.

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So that's why I couldn't stipulate. That's one of the reasons.

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It resulted in four refusals on both uses within 50 feet of the front lot line, which is Schuylkill Avenue,

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and uses within 500 feet of a residential lot line, which would be on Reed Street.

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And it also says the keeping of horses is not permitted in the district, which is I3, which we disagree with.

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In any event, we're seeking a variance for the use. A2 is the ZBA application of appeal.

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A3 project information form. A4 is proof of ownership. A5 proof of tax clearance.

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A6 is a site plan. A7 are floor plans. A8 are photographs of the subject, aerial views and some street views.

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Attached at A9 is the RCO letter of support from Brace Ferry.

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A10, if submitted, I would ask that the district council letter, if submitted, be marked as A10.

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A11 is the relevant zoning history.

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1401 was basically used as a ball field known as a trolley works field.

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My client also operates a Philly trolley works.

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1421, 2015, there was a gun shop and range permit issued.

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During much of the 70s, it was an electric motor repair shop.

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And in the 1960s, it was a metal fabrication business.

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A12 is the zoning map and A13 is the aerial photograph.

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Just to summarize my discussion, the property, we've already talked about the applicant.

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The property is located at Schuylkill Avenue and Reed Street along the Schuylkill River.

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It's zoned I3 Heavy Industrial.

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The existing conditions are it's an open field and a partially vacant warehouse.

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The site and floor plans will depict a horse turnout in the open field and horse stalls in a portion of the vacant warehouse.

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There are seven exterior stalls and 14 interior stalls for a total of 21.

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The company, 76 Carriage Tours, specializes in tours, weddings, funerals, special events, and sleigh and prop rentals.

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Now, when we talk about permitted uses in I-3, animal husbandry is a specific use that's permitted,

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and that involves the feeding, housing, and care of farm animals for private or commercial purposes.

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And then animal services are uses that provide for the treatment, care, maintenance, or keeping of animals.

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And those two are permitted.

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The specific use of boarding or other services is not permitted.

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Boarding facilities for horses and similar animals, including public and commercial stables.

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It doesn't talk about private stables, okay, as defined by the code.

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And a commercial stable is defined as any stable building facility or premises where horses are accommodated for consideration.

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In this particular case, there's no other horses other than those privately owned by 76 Carriage Tours LP.

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So it's neither a public stable nor is it a commercial stable.

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It's a private it's a private stable specifically for the boarding or the keeping of horses privately owned as part of the 76 carriage tours business.

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But again, in any event, we are seeking a a variance from the blue.

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I got to move this. Hold on a second.

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I got the thing at the bottom of the screen.

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Okay. So we do agree with the refusal that stables, that each stable structure, excluding fences, shall be located at least 500 feet from each property line abutting a residential district and 50 feet from the front property line.

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Now, this applies to the building only. It does not apply to the horse turnout because fences are excluded and, you know, they specifically mention a stable structure.

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Okay. So in the packet, we have our two refusals. Again, we identified them in my summary. And then here's the refusal for 1421. We have the application of appeal attached to the packet, the project information form, my transmittal letter to the board requesting a hearing date.

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And they're attached for both cases. We also have copies of the deeds

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for both properties. I don't need to bore you with those pages.

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Let me just curse her down. Hold on. Okay. We have tax clearance showing all taxes are paid

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Let me just cross her down. Hold on. Okay. We have tax clearance showing all taxes.

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through 2022. Here is a site plan of the property. Schuylkill Avenue would be running along the left

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side and Reed Street would be running towards the top here. The shaded area here is the horse

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turnout. Down here is the existing warehouse structure. Now, when we look at the warehouse

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structure. Outlined in red is where the actual horse stalls would be. Also stored in here might

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be carriages and other apparatus used in the business. Blowing up that section,

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pardon me, you'll see there are seven stalls which are accessed from the exterior of the building.

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And then there are additional 14 interior stalls proposed for the building itself.

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And then we also included some front side and rear elevations of the property.

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So I think the aerial photos show it best.

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And down the page on the left, Reed Street, almost running across the stop, the top.

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And this is the former Charlie Works Field.

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This area would be used as a horse turnout for the horses, and then inside this building in this area here are the 14 interior stalls, and the exterior stalls would be constructed or erected on the outside here.

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