civus
Hearing video

ZBA Hearing - July 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 31, 20246h 45m

or multi-services like that. I told her that I would like to run it out to somebody who's more

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into a travel agency or just something that doesn't have to intervene with the community.

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and I will make sure that I'm, I will be managing the property and I will, there will, like I said,

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there won't be no trash. There's enough space in the back. If there was any trash, there's more

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than enough space on the side to take out the trash. There's no commercial trash at the property.

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Um, I also have proof that back in the day, there was also applications for zoning permits at the

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property. As you guys see for the present use was a doctor office and one family dwelling.

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They try to transform it into a grocery store and one-family dwelling.

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This one right here, it was granted back in 06-2690 for a grocery store and a one-family dwelling.

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Also right here, it's just another application that it was a commercial area in the properties

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and the guy wanted to turn it into a commercial plus residential upstairs.

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This is another one that it was a one-family with travel agency. Same thing, they wanted to leave it the same. Right here, it was granted an 062690 for the same one grocery store in the one-family dwelling. It was granted.

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right here this is not a permit but it also was also granted another variance at the property

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back in 10 27 88 so as you guys see this property has always been used

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commercial space from from back in the 1980s until until now also right here

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from back in the 1980s until until now also right here another various was granted

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God.

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and another one right here uh a case for travel agency plus one family as you guys see on the

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bottom the permit was never picked up but it was granted for a retail sale of children clothing

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and shoes so as so as basically as i was going with this i do understand that the refusal was

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that multiple purposes are not prohibited in the area but as you guys see that all the stores in

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front of me or like i said diagonal from me wherever you guys would like to see it's always

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used as commercial i've got information from even back from the 1980s that it's always been used for

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multiple things from a doctor's office grocery store and yes and and to be honest i've i think

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i'm done with thank you hillary just out of curiosity that second refusal we're not we're

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not involved in that am i correct so yeah so um mr loya the the board can't just grant a blanket

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commercial use at a property uh this refusal was unfortunately written incorrectly um we we can

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either grant specific uses or we can grant um uses within a specific zoning district say cmx1

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or cmx2 so um so we can we can technically grant for multiple principal uses but we can't grant

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you a commercial use unless it's more specific which means once you get a tenant you have to

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come back to us so and i know you've already been waiting a while to to get here um so what what i

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would suggest is that um we can we can finish with the hearing today but the board hold their vote and

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you determine what um you have the refusal amended to determine what commercial uses you'd like to

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have at the property um either like i said a specific list of things or um or something

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within a specific zoning district um and the staff and i can can work with you on going through that

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process um but that's what that's what i would recommend today so that you base because otherwise

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you're not going to really walk away with i think what you're looking for which is permission to

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lease the property for commercial use on the ground floor all right so uh okay let me just

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get the understanding so basically um you guys cannot grant me the commercial for first floor

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because i don't have the specifics of who i'm going to rent it out to for what they want it's

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not it's not who there has to be a specific use listed or or uses within a specific zoning

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district this refusal was written incorrectly we can't just grant you permission to have a

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commercial use there commercial use can be out could be a number of things in the code it's not

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a specific use in the zoning code so i'm sorry is so so what we're going to do is we're going to

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hold the vote right so that you don't have to come back and reapply again and then come back

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and tell us who you're going to rent to and then we'll finish the case so our what what you what

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Sorry, well, what uses you would like approval for?

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Right, right.

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I do apologize that I'm even going through this.

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It's okay.

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Like I said, the refusal, unfortunately, was written incorrectly.

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And we didn't know until we had a chance to review your documents prior to the hearing.

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So we can have it.

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It can be fixed to update the use or uses you are actually requesting.

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So we'll need to do that outside of this hearing.

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Okay, so I'm sorry. Like I said, it's my first time. I just want to make sure I get everything correct. So basically, I have to find somebody who would want to rent it out first in order for me to even go through this.

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you do not necessarily have to but it has to be you have to have a specific use or list of uses

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approved not you don't have to have a tenant but if you want to have the space have a commercial

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use there you have to specify the use either by listing uses in the zoning code or uses within a

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certain zoning district and we can discuss this further um that that is what the that is what

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should have happened with this refusal um you should have been told that at that time but

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unfortunately you were not so but we will we will work with you on that so that this this gets

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straightened out okay yes if you guys please can i own the property for over five years and i've

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been missing on a lot of opportunity that everybody helps add on the block and like i said i do

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apologize if i did something no no you don't have to apologize this was the way i was told to follow

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this was the way i was told to follow they told me to go to my meeting i even paid for an

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or they told me to go to my meeting.

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accelerant hearing um i filed all the exhibits i needed and like i said i was just told go to

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the hearing and they should be able to grab the commercial so what did you do your best to find

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out what you want to put in there yeah and mr try i would get you back in here as soon as we can

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i would suggest a resumption hearing just so he can present to the board the the uses for that

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commercial space okay um and so that the community has a chance to hear that as well a resumption

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hearing we can get you back in pretty quick once we have things figured out um but please um reach

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out to us mr loya and we'll work you work with you through this process okay so basically just

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figure out what what i the whole thing is like excuse me sir i i don't mean to interrupt because

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because I'm going to put our contact information inside the chat, our phone number, address, and email, and that way we can continue this discussion offline.

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Thank you, sir. Thank you very much.

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All right. Thank you.

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Mr. Chair, we can see if the board members have any questions at this time, and I do see a hand in the audience for Mr. Richardson.

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No, I do have a comment. I'm just happy that this gentleman has decided whatever use he plans to do at some point will not be noxious to the community. No liquor store, no alcohol, no sort of services that would be a detriment to the community. So I appreciate it.

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And can we make sure that the tax clearances up to date?

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I thought I saw that maybe it had expired.

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No, the tax clearance.

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Do you guys still see my screen?

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The tax clearance.

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It is up to date.

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It is valid through August 23rd, 2024.

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fourth. Okay. Yeah. We have Mr. Richardson there. Any other questions for him from the

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board? Cesar, I have a question. How is the tenant that lives on the second floor going

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to get to the second floor? And do you have to do any exterior conversions? Nothing at

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all. Yes, I wouldn't mind showing. I should have uploaded pictures on that. I do not have

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So as you guys see, this is a one entrance door.

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So as soon as you walk in, to the left is the door inside to the business.

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And then there's like a wall and it goes right up to the second floor.

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So it's, yes.

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And as you guys can see on these properties too, where they are commercial, they have the same thing.

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They only have one entrance and they're all with one single family upstairs.

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And there are labeled commercial, as you guys can see right here.

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Thank you.

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Thank you.

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Is Mr. Richardson in the audience?

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Yes, Charles Richardson has been allowed to speak.

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Hi, Mr. Richardson, just state your name.

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You know, you're already sworn today.

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Charles Richardson, Office of Councilman Cindy Bass, R-I-C-H-A-R-B-S-O.

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Just want to also make sure that the applicant goes back once he makes that determination of what he wants.

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are put there at that location that he goes back and speaks with the civic in order for them to be

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able to have another crack at getting approval from him or for him from the community. So,

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you know, we're going to be able to do that. And we're going to withhold our...

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your support at this time.

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Yes, sir.

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Sorry about that.

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I got distracted there for a second.

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And we will, you know,

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we will come back when he comes back for the resumption.

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Thank you.

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Thank you so much.

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And thank you, sir.

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We appreciate your time.

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So can I just say one question?

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So, all right.

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Do me a favor.

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Do me a favor.

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Why don't you call along?

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She's put something up that you get a hold of the office and they'll talk to you because we want to move on.

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OK. All right. But we understand your position. All right.

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Thank you. Number one, MI 2023-003-775-3148 West Burke Street.

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Brett Feldman is the attorney. Ishmael Shahid has recused himself.

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Kenetta Graham has also

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recused herself from this case

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Mr. Phelps

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has been promoted to

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panelists

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Mr. Chair I would like to note we

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just received a letter of

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non-opposition

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from council member Young's office. Thank you very much. Mr. Feldman, could you please state your name and spell for the court stenographer?

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from Councilmember

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Young's office

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thank you very much

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Brett Feldman, please.

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I'm giving you one second here.

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Take your time.

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Hi, Mr. Feldman. Could you please state your name and spell for the courts?

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Absolutely. Good afternoon, Mr. Chairman, members of the board. Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania, 19103. I represent applicant property owner, Philadelphia Housing Authority, as well as the Dale Court.

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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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Do you agree with the accuracy of the refusal?

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I do. And has all of your documents been sent in five days prior?

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Yes. You should see the exhibit package one through 14, which was sent last Wednesday or Thursday with a list of witnesses.

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Please proceed. Sure. Again, Brett Feldman.

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I represent the applicant property owner of the Philadelphia Housing Authority, PHA.

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with me today should be

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J. Ryan Wachter, Vice President

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for Construction for PHA.

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If he could be promoted to

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a witness

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panelist. Also, Jonathan

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Brough, Project Architekt,

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JKR Partners, if you could also

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promote him as well.

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In front of you is

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Exhibit Package 1-14, which I'd ask

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to be incorporated into the record.

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It's got all the standard

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items.

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refusal, zoning map and code provisions, elevations. We have the RCO letter of support

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from the Strawberry Mansion CDC. And as I understand, I just heard the district council

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person just issued a letter of non-opposition. So I'll get right to this here.

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What this application is, here's our property, West Berks and 32nd Street.

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We are the, I guess the outlier here, CMX1, the rest of the block across the street is RM1 and RSA5.

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Here is the property.

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Right here at the corner, it highlighted.

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This is a very large property, largest property on the block, approximately 3,000 square feet.

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The rest of the properties on this block, as I'll show you a little bit later, are about a third smaller at 2,000 square feet.

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The property has never been used.

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Here's what it looks like right from the corner.

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It is an amazing block, beautiful architectural with a lot of the original features still available here.

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The property has never been used for single family.

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It's always been multifamily or multifamily with a commercial use.

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Over the last 60 or 70 years, it's been first of all a laundromat with three apartments above.

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It then became three family.

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It then became just two family.

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And then it became most recently an office with an apartment above.

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above. I'll take you through some pictures here. Here's from the rear. You'll see all

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these Starbolts. I don't think I fully realized these until I went out there yesterday. It's

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time to get this property redeveloped. A lot of Starbolts up and down throughout the property.

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Here is the first floor. I guess that was that office space that's been empty for some time

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with the ingress and egress on the left, and then above the remnants of the different multifamily

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that's been on the floors two, three, two and three above. Basement cellar is just utilities.

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Just take you through some of the pictures here. Really need some work. All PHA is looking to do

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here, and there's the proposed renderings, is to convert that first floor, former vacant office

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space into one apartment. It would be about 800 square feet, one bedroom. And then they would also

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have access to the cellar just for utilities, no living space. And then floors two and three

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would be a bi-level unit, four or five bedrooms. And the idea here would be to what's really

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needed in the PHA inventory are these kind of larger units, generational type units where you

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can have a grandparent, a son or daughter, and then a son or, you know, a grandchild in those

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units. I think it goes without being said. PHA has a tremendous waiting list for its units in

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PHA has a tremendous waiting list for its units in Philadelphia, and fortunately, PHA has the money, they own the property, and we've been working closely with the Strawberry Mansion, with the neighbors on this redevelopment plan for the property to get this back online and to have these two units come onto the inventory and be able to be rented to neighbors.

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in Philadelphia.

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