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Hearing audio

ZBA Hearing - January 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 21, 20266h 17m

first serve all the properties that we advertise are always on mls okay understood um i think the

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sort of two concerns i have and it's less of a one for the the first unit that has the bedroom

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in the basement that's listed as an office we can list it as whatever we want it's going to get

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coded as an office. So that is a three bedroom unit. And then for the upstairs unit being four

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bedrooms, it does make it really hard and limit who can rent from it because you can't have more

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than three adults that are not related rent from one apartment together. So I guess like it's an

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awkward setup for a family unit. I think especially on a block like that and just wanted to sort of

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understand how you're going to manage that uh like i said we uh we we never uh try to uh do it like

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off market we always uh listed uh and uh we have a because i'm a part of the uh i'm a realtor myself

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uh and i'm actively involved in renting places in the area and we do have a mix of uh student

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and families living in our properties i'm not the owner of the properties i'm just a part of

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the management group and i would say between the inventory that we have it's 60 40 students and

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regular families from the neighborhood that renting from us layout is basically very similar

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or almost exactly the same as a lot of properties on this block so we are which is why i brought it

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up because many of those blocks got hit with stop work orders because students were living

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four people to an apartment it caused a lot of drama a few years ago which is part of why i was

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bringing yeah we have we have a mix we have i mean uh i would say that still probably more than 50

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are students uh in this area but we do see uh families moving in more and more okay

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any other questions from the board i just have the same concern about the um basement you know

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use and uh i think that you have far too many units in here for oh you mean the the office in

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the basement well it's not just an office so so i think i think which is all part of the first

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floor unit, correct. I think the board's concern is the number of bedrooms in the second unit

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above, particularly, Alex, and also that the possibility of the office in the first unit

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could be easily converted to a bedroom. I guess the question then is, would you be amicable to

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restrictions against any kind of bedrooms in the basement and perhaps limiting the bedrooms to the

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upper floors to three bedrooms rather than four um i am open to limiting the bedrooms in the

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basement i understand the concern um but if the board would give me four bedrooms in the in the

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upstairs uh second floor unit i would really appreciate it if it's a concern

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Then I guess I have no other way of doing it, but limiting it to 3.

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then I guess I have no other way of doing it but limiting it to three.

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Any other questions from the board? Okay. Questions from, um, uh, the virtual audience.

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No hands at this time by share. Okay. Uh, questions from my attorney.

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Um, I just want to note for the record of the board, uh, grants the requested variance in this case that it include a proviso.

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So specifying that the approved uses to family household living, because that was essentially admitted from the description on the refusal. Thank you.

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Okay, we're able to say that woman said to unit to help to family. Okay.

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Okay.

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and um proviso no if if the board so chooses no household living in the basement okay um

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planning commission uh thank you and uh good morning chair uh chair and board members um

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david effecta with the city planning commission comprehensive plan recommends no change to the rm1

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residential multi-family zoning at this location the city rezoned this neighborhood in 2014 in

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accord with recommendations in the comprehensive plan there is no unique physical condition or

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circumstance of this property that would prevent it from being used in strict conformity with the

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zoning code however this is a primarily multi-family block face and this proposal would match the

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character of the homes on the block face the city planning commission recommends the board grant the

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proposed dimensional variances for rear yard depth maximum occupied area and rear yard area

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okay thank you m i two zero two five zero zero five one five six seventeen twenty north

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brevere street um i vote uh yes with provisos um no household living in the basement and uh

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was it approved use is two family household living approved uses uh for two family

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household living

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charles gaston my booty chefs with provisos

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ryan mcadams excuse me ryan mcadams my vote is yes with provisos

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diane when my vote is yes with provisos thank you

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thank you counsel is there any other cases um that are on the 9 30 list

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Vice Chair, we have a hand up from Vern Anastasio.

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Vern is on that? Okay. Come on. You can bring him on.

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Hi, Mr. Vice Chair. I'm assuming it's not on the list.

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6913 TULIP, but perhaps that's this afternoon.

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so that that is give me that is number four on the 3 30 list 3 30 okay I'll see you at two o'clock

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thank you okay all right thank you all right any other cases that were for 9 30

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no hands at this time by share okay thank you everyone see you at two o'clock

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audience

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thank you good afternoon everyone my name is bill bergman and i will be chairing this meeting of

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the philadelphia zoning board of adjustment with me is our board vice chair tenetta graham

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present mr chairman our board secretary charlotte gaston president mr chairman board member michael

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johns he'll he'll be there uh board member tya winn president mr chairman and our board member

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ryan mcadams president mr chairman also here is our board attorney hillary emerson our zoning

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board director ian haggerty and our board administrator lakeisha dandy recording this

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hearing will be posted on the zba website by participating you consent to be recorded this

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is an in-person meeting with remote capabilities whether remote or in person if you're called to

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speak you must state and spell your name and then wait to be sworn in once you've been sworn in

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please state your name each time before beginning your testimony any person may

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any person may enter their appearance to become an interested party there are three ways you can

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enter their appearance to become an interested party there are three ways

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identify the case property address in your zoom webinar you can see a staff member or you can call

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the zba appearance line by the close of business tomorrow call 267-270-5548 leave a message that

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includes your email address and the address of the property of the appeal case filing guidance

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is for our remote attendees when directed you must raise your virtual hand in order to be

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recognized to speak second if you're called to testify you'll be prompted to join as a panelist

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please accept the request and turn on your camera third the webinar q a is for questions

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about the hearing do not comment on cases in the q a fourth if you're if you're participating by

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phone press star nine to raise your hand and star six to unmute for our in-person attendees

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refrain from talking eating or drinking during the hearings verbal and physical aggression will

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not be tolerated restaurants restrooms are across from the elevator water fountain is just outside

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the room to the right when speaking on the record you must speak directly into the microphone in

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order to be heard by all attendees and the court reporter the event of an emergency please follow

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the directions given over the public address system or by the staff the main exit is through

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the double doors at the rear of the room the nearest stairwell is to the left outside the doors

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in case of an evacuation the rally point is at love park directly across art street please

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remain there so we can account for you let's look at our schedule for this afternoon

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note i'm present mr chairman i knew you'd be there michael

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number 12 mi 2025 005 548 1925 denny street that case is continued

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until 428.26 at 930 a.m. Are there any other requests for continuance?

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Good afternoon, Chair. This is Doreen, and I will be your co-host this afternoon, and there are no hints.

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Thank you. And number 13, MI 2025-006-777-5236 Rising Sun Avenue.

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it's renee's arch daycare center um no exhibits this is the first listing

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there are no hands so mi2025-006-777-5236 rising sun avenue that case is continued

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to 4 28 26 at 9 30 a.m mark must be heard

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we'll start with number eight

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jared this is the integrity minor correction i believe the continuing state would be 4 28 26 at

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2 p.m is that correct uh it says 9 30 but that's okay oh i see i'm good i'm no it is 9 30 that's

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a Tuesday special. My mistake. Thank you. Thank you.

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You got some add-on.

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So number eight, MI 2025-005-378-2350 West Pashunk Avenue. Leonard Altieri is the attorney.

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You got some add-on. Oh, I'm sorry. Let me do the add-ons real quick.

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And my 20, 25, 0, 0, 3, 7, 8, 4, 4, 4, 9. Locus Avenue. I vote. Yes. Maximum proviso maximum 3 dwelling units. No household living in basement of existing structure.

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How many read that again? Yeah, how many maximum 11 dwelling units? Oh, household living in basement of existing structure.

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that's yes yes no i just thought i heard a different number thank you yeah i thought i

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heard three yes okay my vote is yes with proviso cheryl gaston my vote is yes with proviso

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tanetta graham my vote is just with proviso ryan mcadams my vote is yes with proviso

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i win my vote is yes number two mi 2025 006 672 3408 to 50 b street

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the vote in this matter has been rescheduled to wednesday january 28th at 2 p.m

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And number three, MI 2025-002-113-7709 Ridge Avenue.

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0-0-2-1-1-3-7709 Ridge Avenue. I vote no to reconsideration and re-hearing.

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No, John, my vote is no to reconsideration and re-hearing.

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Cheryl Gaston, my vote is no to reconsideration and re-hearing.

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Teneda Graham, my vote is no to reconsideration and re-hearing.

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Brian McAdams, my vote is no to reconsideration and re-hearing.

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Hi, Owen, my vote is no to reconsideration and re-hearing.

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Mr. Altieri.

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Mr. Altieri has been promoted.

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Thank you. Mr. Altieri, could you please state your name and spell for the stenographer?

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Yes, good afternoon, Mr. Chairman. Leonard Altieri, L-E-O-N-A-R-D. Last name is Altieri, A-L-T-I-E-R-I.

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

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I do.

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

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Yes, my client is Viking SP Holdings 1, 2, and 3 LLC, as well as Viking SP Partners LLC for the property. They are the owner of the property at 2350 West Paschalk Avenue.

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And there's a letter of unanimous support from Gerada State Neighbors Association. Our vice chair has a few questions.

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Good afternoon. Counsel, have you submitted your documents and exhibits five days in advance of this hearing?

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I have.

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And do you waive the reading letter refusals and stipulate to their accuracy?

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I do.

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Okay, thank you. You can share your screen and proceed with your case.

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Thank you very much. And good afternoon again, everyone. Leonard Altieri of the law firm of

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Claire Harrison Harvey Brandsburg for the property of 2350 West Pashonk Avenue. The property itself

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is known by many as the South Philadelphia Shopping Center. It is located between West Oregon Ave,

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South 24th Street, and Pashonk Avenue, and is currently a commercial shopping center.

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I think it's important just by way of background to give a little bit of history to color what

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this application is really for this afternoon. What we are seeking is just an installation of

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a static illuminated sign. But how we got there, I think, is important for the board to know. So

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prior to COVID, there was an application on this property by a prior owner. It was going to be a

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mixed-use sort of property. They were going to have residential office as well as commercial.

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Then the applicant at the time, or the owner at the time, then started moving all of his tenants

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towards the leases to start expiring so they could start doing a substantial amount of work

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to accomplish that mixed-use center. COVID then hit. The prior owner was a publicly traded entity.

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They went bankrupt. And so those plans never materialized, even though that they were,

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you know, formally approved and adopted by the necessary agencies. My client has since taken

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ownership of the property. And instead of moving forward with those previously approved plans,

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is actually going to continue to operate the shopping center as it is. They are currently 95%

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leased. One of the big tenants that they have that's about to be finished is the Burlington

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Coe Factory. They also have in there Duncan, Ross, Five Below, Fusion Gym, Burger King,

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ShopRite, Sherwin-Williams. And then once the weather starts changing, they plan to make

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additional improvements to the shopping center, such as re-striping the property. Again, what

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we're here for tonight, or this afternoon, I should say, is just for the installation of a sign,

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which I will show the board as we start walking through the exhibits.

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As the chairman did say, we did go to the Gerard Estate Neighbors Association back in November.

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We received a letter of unanimous support from the RCO.

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It was a very productive conversation.

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They were more interested in what tenants we were going to be having there

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than the actual conversation around the sign,

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but they were in support of the sign nevertheless as well.

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Again, property is located in the CMX3 shopping center,

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or excuse me, CMX3 zoning district.

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and again an aerial just to orient the board of the where we're speaking about with regards to

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the shopping center itself here's a site plan now what we have here as i said the the applicant

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prior owner was approved to start doing a mixed use center there part of that was the approval

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of this sign that we're talking about today so it was originally approved back in 2020

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but they never moved forward with the installation of the sign because the entire land development

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that project never moved forward. So these two pilings that you see here are currently on the

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site. This is the corner of Paschank Avenue and 24th Street. These are the exact pilings

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that our client will use when they put the sign together. So again, here's just another angle,

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again, showing the pilings there. And the sign itself will look just like this. So the black

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pilings that we see are on the sides, as you can see right here where my cursor is, and then they

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will put the sign faces on either side of that the sign itself is proposed to be uh 50 feet tall

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the zoning district prohibits us to be only 20 feet tall and then with regards to square footage

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of the sign face we're seeking 424 square feet where 100 square feet is otherwise permitted

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again uh this zoning uh for this sign was already approved back in 2020 and we're just asking for a

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revival of that. We do believe that this is the minimum relief necessary and that no, you know,

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Um, we do believe that this is the minimum relief necessary and that no, uh, you know, there's, there's, there's no negative effects to the, to the neighborhood, uh, as it currently stands.

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Um, and, uh, that is all that I have. I do have my, uh, client with me, Mr. Sam Gabay, who is authorized to speak on behalf of the ownership entities who all have testified to adopt my testimony.

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Sir, could you please state your name and spell for the stock for your microphone?

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one okay just hit that button yeah good afternoon my name is uh samuel gabay that's s-a-m-u-e-l

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g-a-b-b-a-y do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes council sam were you uh so one you're authorized to speak on behalf of the nc

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the ownership entity yes and were you present when i made the testimony to the zoning hearing board

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Yes.

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And is everything you heard accurate to the best of your knowledge, information, and belief?

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Yes, it's accurate.

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And if I was to call you to testify, would you adopt that testimony as your own?

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Yes.

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No further questions?

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Questions from the board.

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The piles that are there, they will remain, correct?

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And that is the height?

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That is correct, sir.

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Okay.

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Other questions?

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I guess I'm trying to orient myself again as to where this is.

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so this is the south philadelphia shopping center okay the property what's in what's in that one

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you said something about there's is that the one with the ross and the there's a shop right in there

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and okay okay then i know where you're talking okay all right can you point out where the sign

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