civus
Hearing video

ZBA Hearing - March 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 3, 20214h 25m

Thank you.

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Sure.

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I'll share my screen.

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You can view my screen?

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Yes.

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Okay.

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Sorry, a lot of pictures here.

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and they're tiny yeah i'm trying

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okay they're good this uh application regards this property here that's on north broad street

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on the west side, 1600 North Broad Street,

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located between Oxford Street and further north,

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Cecil B. Moore Avenue.

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There's a La Cour Center here.

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It's, I'll say, owned by Power Investment.

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Mark Blatstein and Tina Roberts is here as my witness.

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We can admit her later.

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It's with a long-term ground lease with the RDA.

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and beach. So on the first floor you'll see it's an array of commercial uses as we go up the street

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along here. The second floor is occupied partially by the AMC movie theater but predominantly

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was occupied by a fitness center which is now vacant. This property and the vacant area is about

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12,000 square feet, 20,000 square feet, sorry. So the property is located in the CMX4

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commercial zoning district. We applied for assembly and entertainment use there.

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to make it more like a, I wouldn't say an arcade, but like a lounge with sports related

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activities. This is for entertainment of patrons, amusement arcade, billiards, pool hall, et cetera,

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et cetera. The refusal was issued for the pool hall use, which the code defines as a place that

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has three or more pool tables. It's actually is and still a regulated use and as we know regulated

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uses also include adult cabaret strip clubs, adult massage powers, tattoo powers and pawn shops

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and so that's why we're here. You know pool halls aren't the same as they used to be and that's why

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they were regulated. There were, if you read the preface to the code and why it was originally

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put there, was to prevent the secondary effects that come with regulated uses, whatever they may

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be. A lot different than when I used to hang at Moscone's on Oregon Avenue. So, as a matter of

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fact, there's a bill that was introduced and there's a rules committee hearing on the 9th of

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March, number 210078, which is actually removing pool hall from a regulated use, as well as

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from a regulated use as well as assembly and entertainment as requiring zba special exception

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assembly and entertainment as requiring ZBA special.

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approval from the cmx floor so this is going to make this as a matter of right if indeed it passes

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nonetheless um it's been difficult to rent re-rent the second floor as tina will tell you

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we thought it would be a disservice to put a non let's say public available use there such as

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an office or some other maybe telemarketing type of facility so this we found was a way to activate

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the space as well as providing benefit and activities to the local community especially

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you know students that were there at temple may have more to do so therein we believe lies the

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hardship and we feel that there's not going to cause any adverse impacts especially supported

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by the fact that there is a bill now to remove pool hall from being a regulated use.

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We, and let me go down here, we did meet with Beach Community Services on February 18th.

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There was one person in attendance who was the director of the community association.

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So with that said, I'd like to admit Tina now as a witness.

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Good afternoon, ma'am.

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Please identify yourself with the record.

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First and last name.

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Here you'll see just a basic out, a floor plan or a space,

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the space above.

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Tina, are you there?

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Yep, I'm here. Can you hear me?

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Yeah, we can hear you now.

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Okay.

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Hi, Tina.

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Hello, Tina Roberts, 1719 Rittenhouse Square, Philadelphia, PA.

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So, hi, Tina.

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Let me swear in, Rod.

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Do you swear in the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you, Tina.

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Tina, could you tell the board, your name and address, please, again?

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Tina Roberts, 1719 Rittenhouse Square, Philadelphia, 19103.

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And what's your affiliation with the applicant to our investment?

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The applicant is actually 1600 North Broad Associates.

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That's the leasing on the ground lease with the RDA.

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And I'm the executive vice president.

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And you've heard my presentation testimony.

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Would you agree that it's true and accurate and you would adopt it as your own?

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Yes, just one point.

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It's going to be focused on Temple University.

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It was the Temple Fitness Center previously.

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And the thought is to have a place where Temple students and employees have a place to kind of commune.

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So that's the idea behind that, because they are used to going there when it was a fitness center.

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And the renderings I've shown you is depicting what we envision it to be on the second floor.

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Yes, the concept, yes.

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And you thought about, could you describe what activities would be in there and especially how many pool tables you may have?

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Approximately two pool tables.

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There'll be arcade games.

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There'll be places, sections of lounge areas.

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You'll see tables, chairs, some comfortable cushions and couches, a place where someone could, in between classes, could maybe go and meet with a team or do some work or just play on the game, such as the shuffleboard and pool tables and the arcade games.

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Okay, thank you. That's all I have.

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Thank you.

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Questions from the board?

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Yes, Mr. Chairman.

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Go ahead.

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are they proposing any sale of food or beer alcohol well beer and alcohol a little different

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or alcohol but i meant to say or alcohol

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they require a separate license anyway right yes there will be um food and beverage available for

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purchase um as far as a liquor license not sure what we're going to do about that right now

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Is this limited to the Temple students? Well that's what we're focused on right now

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is Temple students and employees. And that would determine whether or not

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we'd seek a liquor license or not if it's not. Thank you. Okay Tom anything else?

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So the public is not invited?

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no our our fit our focus is on temple university like it was uh previously with the fitness center

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so are you saying it's not a private club you're just focusing on the temple students

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Let me ask it this way. You're not excluding the public. You're not excluding the public.

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let me ask it this way you're not excluding the public you're not excluding the public

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It's more geared to the temple student, correct?

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Correct.

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But if the public, someone who's not a student wants to go in, they'd be permitted?

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Yes.

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Okay. I think that's what you're asking, Tom?

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Yes, Mr. Chairman.

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All right. Any other questions?

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No.

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No.

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planning commission hello do you hear me now yes i'm sorry chair yes yeah i gotta ask the public

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i'm sorry is anyone else like to testify please raise your hand sorry ron that's right

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no further hands at this time mr chair thank you now ron planning commission identify yourself

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right my name is ron bednar i'm with city planning commission ed and i are that's correct b-e-d-n-a-r

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please proceed excuse me um one of the members is kicked off and can't get back on mr snell

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uh mr nary does he have the link do you know i don't know okay if he um does it please just

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sorry for the background if he does it please um just send me his email address and i can

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resend it to him well lean can you hear me yes i have a screen that came up out of nowhere

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leader in the 2020 gardner magic quadrant of meeting solutions oh that's me no

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let me try to get jim's up there i i'm back you're back i'm back jim is here

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jim you're back okay ron yes hi so uh this property is indicated for uh center city

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commercial on the city plan. Based on the site's history and established history and

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locational context, we have no objection to the granting ordinance. Thank you. MI 2020-003266.

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1600-36 North Broad Street. My vote is yes. My vote is yes. My vote is yes.

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my vote is yes

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Jim where are you

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he's going again

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you guys can continue

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so we have four yeses

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number five

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MI 2020-003283

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2100-02 Ruffner

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R-U-F-F as in Frank N-E-R Street

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Letter of Opposition from the 13th Ward R-C-O

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Anyone here for Ruffner Street?

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Mr. Brett Feldman is here. He had his hand raised. I've just now promoted him to

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panelists, Mr. Chair.

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Mr Feldman can you hear us? I can. Hi put your name and address on the record please and spell

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your last name. Yes Mr. Chairman members of the board good afternoon Brett Feldman 1835 market

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suite suite 1400 Philadelphia Pennsylvania 19103. Do you swear or affirm to tell the whole truth

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to nothing but the truth? I do. Do you also agree to waive the reading of the refusal and stipulate

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to its accuracy? I do. Have you emailed the exhibit with the required documents consisting

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of proof of ownership, tax compliance, refusal referral, photos under plans of the property

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five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes. I'm working together with Augusta O'Neill, co-counsel on this matter, who is

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who has satisfied all the requirements and she'll be joining me on this presentation as well

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we've split this case up okay you may proceed uh if i may uh share my screen now yes you may

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again good afternoon um as you said this is a property on ruffner street um we've passed up

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exhibits, virtually one through 14, which I'd ask be incorporated into the record.

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I represent the property owner, 2100 Ruffner LLC, and its principals, Josh.

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2100 Ruffner LLC, and its principals, Josh Friedman and Guy Halpern, who I believe are on

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this call as well. Our project architect is Ray Rolla, who I believe is also on this call.

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Ray has appeared before this board many times, and his specialty over the last number of years

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we've worked together is the type of adaptive reuses that you'll see today, taking old church

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buildings, vacant church buildings, vacant industrial buildings. This is an industrial

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building, and really just trying to find a way to repurpose the building for residential. And

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that's what this application is for today. So I'll get right to the exhibits. The refusal

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is right here at tab one. And this is a classic, I think, mis-zoned type situation. It's a CMX2

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property. So in this situation, almost the entire first floor has to be used for commercial.

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and then it allows 11 units as a matter of right. So you'll see here, the commercial space,

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the ability to use and lease this commercial space is impossible. And we've got letters from

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brokers to say that. So what we're seeking is instead of being forced to use the first floor

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for commercial, which is almost the entire first floor because the way the building's laid out,

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We just want to take that, you know, 2,500, 3,000 square foot of commercial space and use that instead for several additional dwelling units.

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We saw 15 initially.

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We did meet with the RCO and in a way to attempt to accommodate them, we've redrawn the plans to reduce the number of units to 14, and I'll show you that.

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Here are the photographs of the site.

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This is Ruffner right here.

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This is about a 8,600 square foot, really kind of classic, beautiful, but decaying industrial building.

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It was a machine shop.

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It was a brass foundry.

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And unfortunately, it's now empty and the condition is getting worse and worse.

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You'll see Hunting Park Avenue is over here, a long block away from our property.

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And again, this is owned CMX2.

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So CMX2 requires that much of this first floor be used for commercial. And I think you would agree this is not a commercial space. These are residential homes here, residential homes here, not a space that should be commercial, that is leasable.

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And frankly, a space that if it was used for the type of CMX2 uses, whether it be a catering hall, a restaurant, probably would be more of a impact negatively on the neighborhood than just having a couple additional dwelling units and the 11 that are allowed as a matter of right.

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So I'll just go to the pictures here. Again, this is us at the basically at the dead end of the street.

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Here's Hunting Park Avenue and here's all the residential behind us.

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And this is what it looks like inside. It's primarily two stories, just a beautiful old industrial building. Here's the two stories from the outside.

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It fronts on three streets. This is Blavin Street right here, which is a two way street. These are recent pictures.

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This is Yellen Street right here and then Ruffner Street which is back here.

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Again just going through the pictures here. This is Ruffner. These are the

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I think single-family homes that are on one of our sides. Again this is not a commercial area,

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not a commercial area, not a commercial area as you can see. This is the second floor.

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there's a septa bus depot we're right next to really great mass transit this is a photograph

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from yesterday just kind of showing I know one of the neighbors concerns was parking I think this

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was taken yesterday afternoon late afternoon I'm not saying parking is perfect here but

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you know there is there is parking that can be available it's not one of the refusal grounds

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but we wanted to show that we've taken a look at that here's the zoning notices and then here

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Here's really, I guess, the case. Again, I'll get right to it here. This is, if we had to do a code

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compliant plan, CMX2 requires that the first 30 feet of frontage be commercial. So on this first

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floor, it's almost the entire first floor of this building. Almost 3,000 square feet would be

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commercial. And then the balance of the first floor and the second floor is these allowable 11

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dwelling units. This is a significant hardship. As you saw, this is not a spot that should be

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commercial, that is viable commercial, and it's really kind of in, would negatively impact the

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community here. So all we're asking to do is we've got 11 that can be done in the building as a matter

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So all we're asking to do is, we've got 11 that can be done in the building as a matter of right, is to take this almost 3,000 square foot portion and use it for basically an additional three dwelling units.

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Again, we had 15. We brought it down to 14, which we thought was, you know, we're trying to meet the concerns of the community, but it would be basically three additional units within this 2,900 square foot commercial space, which would, the revised floor plan would get us to what you see right here, which is 14 dwelling units on the two floors with an average size of about 593 square feet studios, one bedrooms and two bedrooms in this building.

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We would have most of the units would exit and enter right onto Blavin Street.

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We have openings right on the street here, which is kind of the least impactful side.

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So we would be able to have most of these units, again, right on Blavin, the main street that we're located.

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We did talk to brokers.

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