civus
Hearing video

ZBA Hearing - September 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 15, 20204h 33m

existing garage. This application is just to install the sign. The refusal we received was

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for height. It has to be below the second floor sill, according to the zoning code. We raised it

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to improve the visibility for cars actually on Sansom Street

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and to try and make it more in line with the Chris's Jazz Cafe sign,

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which you can see just down the block.

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We met with the Center City Residents Association

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and their letter of non-opposition was uploaded to the board.

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And if I can bring it up on my screen, I will do so.

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As I'm pulling this up, I'll ask if the board can unmute Mr. Scott Lute.

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Scott, if you're there, you can hit the raise your hand button.

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Okay.

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Can you hear me, Jared?

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Yes, I can.

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Can you state and spell your name for the record?

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Thank you.

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Scott is my first name, S-C-O-T.

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Lutte, L-U-T-T-E, is my last name.

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Mr. Chair, do you need to swear him in?

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Do you swear to tell the whole truth and nothing but the truth?

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Yes, I do.

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You may proceed.

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Thank you.

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Scott, did you have an opportunity to hear the presentation I just made?

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Yes, I did.

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Do you adopt it as true correct in your own testimony?

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Yes, I do.

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Thank you very much.

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i have nothing further mr chair thank you any questions from the board

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no anybody else no anyone else wish to testify in this matter please raise your hand

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no hands at this time thank you planning commission i'll have to swear you in

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okay good morning

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good morning

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is that ron yes ron please identify yourself for the record okay i'm ronald bednar b-e-d-n-a-r

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um city planning commission we're in a firm to tell the truth the whole truth and nothing but

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the truth i do thank you ron please proceed thank you so this property is indicated for commercial

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mixed use on the city plan we have no objection to the granting the variance thank you

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mi-2020-000456 1416 chestnut 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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My vote is yes.

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Thank you.

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Thank you very much.

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Calendar number 39612, 1627 Ritner Street, northeast corner of South Chadwick Street.

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The attorney is Leo Mulvihill.

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Mr. Mulvihill, you've been promoted to a panelist. You can share your screen

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and open your mic and wait to be sworn in. Mr. Mulvihill, can you state your name and

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address for the record, please? Certainly. Leo Mulvihill, M-U-L-V-I-H-I-L-L. Address is 2424

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East York Street, Suite 111, Philadelphia, Pennsylvania, 19125. Do you swear or affirm

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to tell the whole truth and nothing but the truth.

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I do.

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I do. And you also agree to waive the reading of the refusal and stipulate to its accuracy.

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And you also agree to waive the reading of The Refusal

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and stipulate to its act.

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I do. You may proceed. Thank you. Good morning, members of the board. I'm here today on behalf

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of Kelly Peterson. That's K-E-L-L-Y-P-E-T-E-R-S-E-N. Kelly's been a client of mine for a number of

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years. She's been involved in dog care and dog walking for quite some time. In 2018, she purchased

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the property at 1627 West Rittner Street, which had previously been used as a takeout restaurant

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on the ground story with a single dwelling unit above. Kelly lives there now, and on the ground

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story, she has her daycare for dogs, Southpaw Pets. Unfortunately, this property was remapped

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to RSA5. It was previously CMX1, so we require variants for the use of this property as a dog

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daycare. What I have up on the screen right now, members of the board, is my zoning material

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packet. We have the refusal appeal and project information form at page one. Kelly only realized

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that she was operating in violation of the zoning code when she received notice of an LNI zoning

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violation last year. So I have a copy of that violation at page six. The area of the zoning

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maps at page nine. The deed for the property at page 10. Commercial activity license for the

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property, page 18. Tax clearance is at 19. The zoning notification letter for this property is

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at page 20. I will note, members of the board, that I will ask you to hold your vote in this

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matter, as the RCO was only able to schedule a meeting with us for this evening, which we'll

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be holding around 7 o'clock tonight. I have a copy of the prior zoning permit for the commercial use

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of the space at page 24. Understandably, I do not yet have an RCO letter. I have photos of the

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property at page 29. Plans showing photographs of the exterior and interior of the property,

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as well as floor plans, are attached to the appendix. Additionally, previously submitted,

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I have letters of support from many members of the community, both Kelly's clients and neighbors,

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which I'm happy to put up on the screen after the fact. So members of the board, I'll go first to

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refusal. So what I'm showing now on the screen at page three is a refusal in this case. We submitted

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an application for the erection of a flat wall sign at the front of the building which triggered

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a refusal because it's slightly over the maximum allowable square footage. We're seeking 18.3

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square feet. We're only allowed that 15 square feet. I would argue that that's a de minimis

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request. The other use, animal services with boarding and other services, is not permitted

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in this zoning district. Just for some background on the business, Kelly's currently open for

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business from 8 a.m. to 6 p.m. At this point, she takes a max of 10 dogs at any time. For

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overnight boarding, there's a maximum of five. Maybe one or two dogs get board of the week.

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While she was open more regularly before COVID, since more people are working at home,

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she has reduced her hours from Tuesday through Thursday and is doing her best to continue to

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operate her business as a small business owner while continuing to live upstairs in the property.

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She does have a couple of employees that help her out from time to time with dog walking,

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cat sitting, things like that as well. What I'm going to do now, members of the board,

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is just simply go to the plans here, which are going to be at the end of the presentation.

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I'll strike down members of the board. First, I'm going to show you just the pictures of the

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property. Page 29 of the packet, we see the actual front of the building along with

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the orange zoning signs been posted. The upper left, we see the front of the sign along Rittner

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Street, the side of the property, and then all the adjacent corners. You can see there are

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numerous commercial sites in the area as well, along with other residential uses.

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At page 32, members of the board, I'm now showing the interior of the property.

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The only thing that's different today from when this picture was taken a little bit ago

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is that Kelly repainted.

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Otherwise, it looks basically like this.

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Paging through to page 34.

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Now I'm showing the appendix members of the board.

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This is the elevation of the property showing the proposed flat wall sign.

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You can see we have the proposed southpaw that we look to put on the front of the building

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with your support.

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existing door. No changes to the exterior are done whatsoever. What I'm showing now is that

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Appendix 2 shows its location in the city itself right off of Broad Street on this block of

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Rittner, and an overhead view that was taken from Google Maps showing the site map of the area.

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I have other additional photos of the surrounding properties.

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I have other additional photos of the surrounding properties.

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And what we have here now, members of the board, is a copy of the interior first floor plan.

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There we go. I'm just going to try to zoom in on that, everyone.

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So here's Rittner Street to the front, Chadwick Street to the side.

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As you go in, there's a front gate and reception counter. These are all the different stalls for the animals.

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back room area dogs do some playing here have a good time and kelly generally keeps them

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entertained gives them the walks we have the restroom here and then some storage area to the

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back the upstairs apartment which is accessible by chadwick street is where kelly lives so like

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i said she's there all the time she's doing her best to make a good business and make a good

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living here as a small business owner been working with animals for a long time and we're happy to

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take any questions that you might have at this time. Kelly, are you on the line? If you are,

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please raise your hand so you can be promoted, so you can be unmuted.

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Kelly, you can't wait to be sworn in.

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Would you please spell your name, first name, last name?

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kelly peterson which is k-e-l-l-y p-e-t-e-r-s-e-n

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we're infirmed to tell the truth the whole truth and nothing but the truth

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i do thank you please proceed and kelly you've heard my presentation today

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correct do you have anything you'd like to add at this time

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um i just would like to add that uh you know i consider myself a resident of this area

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obviously purchasing my home uh in 2018 which was a dream for me so you know i'm invested in

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in this neighborhood myself um you know i do believe that many of my neighbors which are my

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clients appreciate uh what i've done here and taken a property that sat empty for a long time

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um and keep it safe and well lit um and just provide something that i think people like

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Like, you know, even the kids like to walk by and look at the dogs.

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I think people like it.

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You know, it's not loud.

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I live right above the dogs, you know, when they're here overnight.

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So I definitely don't try to cause any nuisance or anything like that and just be a good neighbor myself.

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And members of the board, just to add one more thing, before I ask Kelly to incorporate my testimony,

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I should be showing on the screen right now a number of letters of support,

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which I've previously submitted to the board.

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I have currently 18 here.

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We do have some additional ones.

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There are just some technical issues

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getting them uploaded to the board this morning.

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But generally, everybody who has signed one of these letters,

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which you're happy to review at your leisure,

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states that Kelly's an asset to the community.

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She's improved the property.

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They appreciate having the business there

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rather than a vacant storefront.

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And that they're happy to welcome her to the neighborhood.

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So Kelly, otherwise, you've heard my presentation today?

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Yes.

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Is there anything else you'd like to add at this time?

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I think that covers it.

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All right.

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Do you adopt my testimony otherwise as your own?

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Yes.

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Thank you.

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We're happy to take any other questions at this time, members of the board.

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Thank you.

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Questions from the board?

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No.

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No.

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No.

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Anyone else wish to testify in this matter?

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If so, please raise your hand.

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no hands chair thank you planning commission so while this property is currently indicated for

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residential use on the city plan we have no objection to the granting of the variance provided

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that the signage was fully compliant with the code thank you uh calendar number three nine six one two

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one six two seven rittner street is being held pending a letter from the rco

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thank you members of the board thank you

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calendar number 39634 excuse me i'm sorry um to interrupt just to go back one minute that we are

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leaving the record open and leo will come back and report on the outcome of the rco meeting

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the rco will have an opportunity to testify should they choose to do so thank you for clearing that

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up. Thank you. Thank you. Calendar number 39634, 2636 East York Street. This is an

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amended refusal. The attorney is Adam Laver. Good morning, Mr. Chairman, Mrs.

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Tenere, and members of the board. Good morning, Adam. Can you please put your

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name and address on the record and spell your last name? Adam Laver, L-A-P as in

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Adam Laver, L-A-B as in Victor, E-R, Blank Rome, 1 Logan Square, 19103.

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Victor, E-R, blank Rome.

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

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I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I do, Mrs. Tenera.

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The backdrop at Blank Rome looks like you're reporting from ABC, NBC, or ABC.

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see. Someone yesterday said it looked like I was in outer space. Well, you may proceed. Thank you.

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Mr. Chairman, members of the board, Adam Laver of Blank Rome, on behalf of River Wards Group,

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Mo Rushdie and Larry McKnight. Members of the board, on March 11th, in the final day of Zoning

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Board of Adjustment in-person hearings prior to the local outbreak of the pandemic, my

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now-retired colleague Tom Chapman appeared before the board in his last Zoning Board

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of Adjustment case regarding this matter.

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And at that time, a full hearing was put into the record.

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Mr. Chapman presented that hearing, and I was in the room and I heard it.

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The property itself, and I'll do a quick screen share. I don't have too much to share since

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this was previously heard, but can you see the zoning map and the aerial photographs?

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Yes.

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Good. Okay. So just to refresh your memory, the property is 2636 East York Street,

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which is situated on the York Street Commercial Corridor, which overlooks Interstate 95,

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the Port Richmond Shopping Center, and a gas station across the street. At the time of the

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full hearing before the board, Mr. Chairman, I believe that the board recognized an opportunity

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to meet further with the community, Fishtown Neighborhood Association, Fishtown Neighbors

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Association rather in response to concerns largely focused upon a desire

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for more parking at this mixed-use site of course parking is not required but we

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