civus
Hearing video

ZBA Hearing - September 20, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 20, 20223h 36m

to preserve the record.

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The refusal, again, this is a CMX1

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abutting an RSA3 district.

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The refusal is for a proposed

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two-family household living

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is prohibited in the zoning district.

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The current use is a vacant commercial

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on the first floor

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and one three-bedroom apartment

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on the second and third floor.

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Second and third floor,

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we're not asking for any change.

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On the first floor,

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we're basically following Ms. McCauley's recommendations

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and we are, or suggestions,

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we are carving out the rear portion of this property

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into a 425 square foot residential unit.

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But again, keeping the facade, the elevation,

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the classical look.

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So when you walk by,

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you'll still recognize it as a store.

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Again, you can see it's vacant right now,

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but the idea is for Mr. Hoylman,

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who is on the call. When people call now asking for smaller spaces, he has that available as

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well as residential units. So we're going to keep the mixed use. And again, we're just shrinking

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the vacant commercial space for the reasons I enunciated and putting a one-bedroom, one-and-a-half

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bath apartment in the rear, 425 square feet. Getting some photographs. There will be no

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alterations to the existence. These are the separate doors to the apartments. We're going

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to have a tourist area outside as well as a deck. Mr. Snowden, can you raise your hand,

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please mr snowden can you unmute yourself please

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and we're going to market this as a retail

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and we're going to market this as a retail shop mr clinton mr clinton you're at well

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for the court we will take your testimony um questions from the board no mr chairman

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no mr chairman oh mr chairman questions or comments from the virtual audience

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planning commission thank you chair bergman ian hegarty for the philadelphia city planning

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Commission. For this one, 101 Bethlehem Pike, the comprehensive plan recommends no change to the

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commercial mixed use zoning of this property. We recommend that it remains at CMX1. This is a

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5,560 foot square lot, which could yield additional dwelling units as a matter of right if the

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applicant chose to participate in the mixed income housing bonus program. And so for this case,

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we're arguing that there's no unique physical condition of the lot that prevents it from being

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used in conformance with the code. We recommend that the board deny this variance. MI 2021-004-361-101

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Bethlehem Pike. I vote no. Mr. Chairman, can I address the planning commission's commentary on

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that? You could. All right. So I think Mr. Haggerty is talking about the size of the lot.

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what our hardship is that we have a blank empty space on Bethlehem Pike that really

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should be occupied. We have tried to rent the space. We're finding that the larger 1,230 square

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of feet of space is not warranted. It's not been marketable. And I can have Mr. Snowden

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testify to that, but we certainly wouldn't rent it, but it's just too large of a space for the

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type of uses that are deemed decent at this location. So in an effort to spur that and to

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try to bring in a tenant, we want to be able to decrease the size of that commercial space

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and then have a small bedroom in the rear

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that will then use that space

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and the commercial can use the front space.

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And I'd like to rely on Ms. McCauley's letter.

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And certainly I can have Mr. Snowden testify

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as to this if the board warrants it.

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We understand what Mr. Snowden's testimony would be

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and thank you.

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Ian, your position is still the same, am I right?

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Thank you for the opportunity, yes.

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chair bergen that's correct our position is that given the recommendation in the comprehensive plan

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um we feel that the applicant has a buy right option if they were to participate in the mixed

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income housing bonus program but they've chosen not to do that in this instance okay mi 2021

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004 361 101 bethlehem pike i vote no carol tennari my vote is no thomas holloman my vote is no

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James Snell, my vote is no.

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James Snell Shahid, my vote is no.

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MI 2021-004-362-105 Bethlehem Pike.

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Letter of support from Coordinated Garcia, Councilperson Bass Conservatory, and also the Business District.

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can I proceed

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proceed good thank you again good morning Mr. Chairman members of the board Henry Clinton on

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behalf of Bowman Properties Limited concerning 101 Bethlehem Pike this is my exhibit package

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concerning the table of contents AA through A10 which I asked be introduced into the record as

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well as my opening statement at the outset of this presentation of these nine properties.

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Current use is a ground floor commercial and second and third floor, three apartments.

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We'll get to the refusal. The refusal, again, we have CMX1 abutting RSA3,

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and partly because of that the refusal has to do with multi-family household living is prohibited

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with such a designation again our letters of support from all the stakeholders our photographs

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so again the current use right now is commercial the proposed use is that we make or convert the

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rear of the property to a one-bedroom apartment and have retail in the front. Again, not changing

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the facade, not changing anything with regard to the commercial nature.

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not not changing anything with regard to the commercial nature, but just shrinking the footprint of the commercial.

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Because, again, we are experiencing vacancies. This property is vacant.

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We're experiencing vacancies because of the larger spaces.

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It's over one thousand square foot commercial space on the first floor.

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And the shrinkage of the commercial space is warranted, hopefully, and supported by all the stakeholders,

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because having blank spaces on Bethlehem Pike

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or Germantown Avenue is certainly not a viable concept.

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So we're asking that the board

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look kindly upon this application.

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There's no change on the second and third floor

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of this building that's going to remain residential.

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It's just that we are adding another unit

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and shrinking the space of the commercial

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so that we can make this a viable rental.

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I can show you also additional photographs of the rear, as well as the plans for this property.

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We're going to market this property to a small retail shop or a gallery, as we will with some of the other presentations we made today.

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With that, I would rest and ask that my exhibits, as well as my opening statement, be incorporated into the record.

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could you have your testimony adopted if he's on mr snowden

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mr snowden can you unmute yourself please

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yes i'm unmuted now um yes i will adopt the testimony um am i allowed to make a comment

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about the Planning Commission's view?

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No.

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Okay.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Planning Commission.

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I see no hands, Chair.

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Thank you. Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission. Similar to 101 Bethlehem Pike,

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with regard to 105 Bethlehem Pike, the comprehensive plan recommends no change to this

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existing CMX1 zoning. This is roughly 6,750 square foot lot. Again, if in this case the

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applicant had chosen to participate in the mixed income housing bonus, there would be a buy right

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option for adding additional dwelling units here. And we don't find that there's any unique physical

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condition that would prevent it from being used in conformance with the code city planning

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commission recommends that the board deny this variance and mr clinton your comments are the

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same as the last case yeah basically we're talking about a hardship because uh we're unable to rent

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this space it's not viable no one as evidenced by the supporting letters no one who's weighed in on

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this. Once a vacant commercial space, everybody's in tune with everyone, every organization,

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as well as the councilwoman is in tune with making the property alive, make it come alive

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on the pike. Thank you. MI 2021-004-362-105 Bethlehem Pike, I vote no.

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Carol Tenere, my vote is no

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Thomas Holliman, my vote is no

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James Snell, my vote is no

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my vote is no

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okay

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number six

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wait a minute

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80-42, hold on

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8042, or is it 8032?

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What's next, Henry?

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You're correct, Mr. Chair, 8042.

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Okay, what number is that on our list?

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On my list of presentation, it's number eight.

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That's number 17, Mr. Chair.

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Perfect, thank you.

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so mi2022 000 448 8042 to 44 germantown avenue um so letter of opposition from coordinating rco

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councilwoman cindy bass has taken no position

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a letter of support from Chester Hill Conservancy

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a letter of support from the business district

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it's the RCO that

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as a letter of opposition.

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has a letter of opposition

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correct Mr. Chairman

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Correct, Mr. Chairman.

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May I proceed?

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Please, sir.

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This is the next to the last presentation.

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This is number eight of the nine projects.

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8042 Germantown Avenue.

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My presentation package contains exhibits AA to A10.

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And I'll walk through.

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This was the introduction.

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Again, members of the community came out

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and we're allowed to preview the projects.

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This is the expert report, Ms. McCauley,

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supporting the change from full commercial to residential.

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This is the refusal, CMX1, adjacent to an RSA3 designation.

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The proposed use reason for the refusal,

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six dwelling units is expressly prohibited.

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again, because we are adding a unit on the first floor from five to six. Here's our letters of

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support, as the chairman mentioned at the outset. Here are photographs of the property. So basically

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the current use is mixed. It's restaurant and apartments. Second and third floor are apartments.

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We're basically taking the ground floor. It's a large space, 3,000, over 3,000 square feet. Again, it's been vacant commercial for a period of time and decrease the commercial to make it more viable for a restaurant.

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Again, restaurants, no business really wants to overpay for space that they may not use.

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So in keeping with some of the other projects that we've presented today, the idea in the project is to create a one-bedroom apartment of 1,000 square feet at the rear of the building and maintain a 2,000 square foot space.

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We believe, based on the calls that we've gotten, that that will be more in line, perhaps for a restaurant or some other retail space, to occupy rather than 3,000 square feet.

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We're not changing anything on the second and third floor.

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The business groups are solidly behind this for obvious reasons.

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They do not want to see vacancies.

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It doesn't help the vibrancy of Chestnut Hill or the surrounding areas or Germantown Avenue and some of the individuals in Chestnut Hill who wish to remain in the area now will have a walk up one bedroom apartment so they can still enjoy the neighborhood as well as the commercial corridors.

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These are some photographs of what we intend. Again, this is all going to remain. You'll have

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a commercial look, commercial feel. The existing services in the back to receive commercial goods

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will still remain. And we'll get some new windows and doors along Abington. And these are the

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locations of the entry door for hopefully the new apartment. So in a nutshell, we're reducing the

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commercial space and converting that space basically into a first floor living apartment.

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The hardship is what I went over with the board at the outset.

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The legal reasons is what I went over at the outset and also my commentary right now in

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this presentation.

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Mr. Clinton, what's the position of the RCO?

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What are their comments?

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Let's go back to their letter.

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they basically think that we can find a restaurant that'll fit in there but if we could

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we would have uh mr snowden you know he can unmute himself and he can he can address why

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why they're really just misinterpret not misinterpreting but you know they they think

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based on what I don't know that a bigger space will work and reality tells you it's not. Again,

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my client is in the business of renting spaces, not to leave places empty. It just doesn't

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benefit anybody. But you can see they voted to oppose because the kitchen is not functional.

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Well, when we, you know, redo this and redo the apartment, any functionality, everything's going to be upgraded in terms of equipment.

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So I don't know if they mean functional in terms of square footage, but it's not renting and we need we need to do something to make it viable.

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It's a nice corner in Chestnut Hill and the business folks are silently behind it.

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The business folks are solidly behind it.

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So, you know, with all due respect to the RCO, I think you have to go on past history here.

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So, you know.

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This would take you from five apartments to six?

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Yes.

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We would increase by one apartment.

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Okay.

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