civus
Hearing video

ZBA Hearing - December 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20208h 28m

Now, I would dispute the amount of votes that were there, just because, you know, there was a link to the vote.

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According to my calculations, other than us and our team, which were like four individuals, there were approximately 12 other people.

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So I don't know how they got all these votes.

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But I think what's more important is just to focus on the discussion, right?

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And it says, though ORCA has taken the position of proposing this process in line with the community vote summarized above, there are a few merits I'd like to point out.

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The overall scale of the project, especially the height relative to the existing context, is very much appreciated.

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By dividing this project into eight two-story units, each with access from the street, the project team has attempted to integrate the proposed development with the surrounding row house context.

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By altering the existing structure, rather than opting for a full tear-down, the project demonstrates an admirable attempt at adaptive reuse.

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And that was really the purpose of this project, was to, even though it says it's an eight-unit building, it's really eight single-family homes from the outside, if you're looking at it.

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Each has its separate opening, four facing Salmon Street, four facing Emory Street.

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The scale of it is to keep in line with the two-story scale of that block.

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um you know metropolitan group is like takes pride in in in having projects with adaptive reuse

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uh they've taken um you know churches for instance and adapted them into apartment buildings

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so they take pride in making sure that they take something that's within the community

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not tear it down and put it as new construction but actually repurpose it and reuse it and that

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was the the goal of this rather and instead of having like an apartment building with no eyes

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on the street they wanted something which felt like single family in nature without having to

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tear down the entire building now the only the contentions that the the neighborhood had uh was

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like first of all that there were no backyards well we can't control that right because it's

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full lot coverage right now other than tearing down the building and as as i showed by the

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zoning map, it's not uncommon for the properties on that block to be divided between Salmon

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Street and Emory of that size.

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So what we're trying to do is very similar in nature to what's on that block.

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And other than tearing down the buildings, we couldn't do anything but not have a backyard.

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But that's why we had the outdoor space on the decks on the third story.

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The other issue that they had was about the trash storage.

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Again, for purposes of this hearing, we changed our floor plans to make sure that there was a significant trash closet in each of the kitchens to account for trash.

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Another issue that they had was the fact that they were concerned about landlord maintenance and upkeep, like snow removal and things like that.

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Again, Metropolitan Property Management manages all.

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Again, Metropolitan Property Management manages all the properties of Metropolitan Group.

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They have a dedicated staff where they do snow removal whenever it snows.

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They do maintenance of the properties on a monthly basis.

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They have their team drive around all of their 200 units in the Philadelphia region to make sure that they're well maintained.

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And they take great pride in actually landscaping their properties to enhance the beauty of their product as well.

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So those were ultimately the only issues that they had with the property.

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But as holistically, this is the least modification possible under this ICMX.

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You know, again, ICMX, we could build 60 feet high, have commercial usage in a residential neighborhood.

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We did not want to do that.

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We could have also tried to have a more extreme modification of the zoning code.

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I tried to do an apartment building, and we didn't think that was appropriate either.

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So even though it's eight units, it's really eight single-family homes the way it's configured.

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So with me, I have Jordan Brody of Metropolitan Group.

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Jordan, can you virtually raise your hand?

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Sir, when you're acknowledged, would you please give us your full name and I'll swear you in.

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One moment, I'm trying to unmute them now.

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uh mr notkinson seems like we're having technical issues

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so as an officer of court we'll stipulate that your client would adopt your testimony

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thank you mr chair all right questions from the board no no anyone else would like to testify in

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this case, please raise your hand. There are no other hands, Chair. Thank you. Planning Commission?

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Good afternoon, Board. Peter Bernard for the Planning Commission.

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This property is indicated for industrial commercial mixed use on the comprehensive plan.

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However, most of the surrounding properties are single-family residential. We feel this proposal

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is consistent with the adjacent residential properties accordingly we have no objection

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to the granting of the variance thank you MI 2020-001958-2653-61 Salmon Street my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes thank you MI 2020-001866

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62143-45 South Eisminger Street.

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Ryan Patterson has been promoted to panel.

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Good afternoon, Mr. Patterson, please identify yourself with a record and I'll swear you

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in.

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Great, good afternoon, Ronald Patterson, P-A-T-T-E-R-S-O-N.

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1835 Marcus Street, Philadelphia PA 19103, on behalf of the applicant.

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Quaring the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Carol, please proceed.

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Okay.

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

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I do.

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Have you also emailed the exhibit packet with proof of ownership, tax compliance, copy of the refusal or referral,

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photos and or plans of the property

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five days in advance of this hearing

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and have you met with the RCO

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and do you have a letter?

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Yes, told it, Bob.

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I don't believe I've seen a letter, however.

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Okay, thank you.

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You may proceed.

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Can you view my screen?

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Your file, but not your screen yet.

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Oh, okay.

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No, no?

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No.

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Okay. Try it again.

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No?

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No?

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Not yet.

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Okay.

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Hold on.

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How's that?

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Is that good?

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Good.

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All right, good.

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So, this application, as I mentioned, regards 2143 Eismanger Street.

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It's actually at fronts on Jackson Street, as you'll see this photo here is driving west

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on Jackson, passing 12th Street.

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Over here on the right is the brush factory.

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And as we proceed towards the property, here it is here.

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You'll see, if those of you know the property, it's an auto repair shop that's legal.

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It's been there for decades.

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It is surrounded by a number of larger buildings that are zoned IRMX.

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This is zoned CMX2.

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These buildings, this building behind and the building to the right, which I identified

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as a brush factory, are all converted to multi-family dwelling units.

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So our application is simple.

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It is to construct a two-story addition atop the existing building here, and using that

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addition for four dwelling units.

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The use is permitted, the dwelling units, our refusal in the CMX2 is for not providing a nine-foot rear yard depth.

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Now, as we look at the building, you would think this is the front, but this is actually the side, according to primary street frontage, because over here on our left would be Eismaker Street, and this is Jackson Street, which we're looking from.

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So over to the right here is where our nine-foot setback is not being provided, and I'll explain why in a minute.

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so this is the extent of the envelope as you'll see if we build and i'll have mr

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reckley our architect explain if we build to the line we actually have a natural setback from here

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and here to this building here, providing a lot of air and light.

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Yet the property configuration is peculiar since it is narrow but deep.

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So it's hard to have kind of a viable circulation within the building.

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As I mentioned, we have a refusal for the setback.

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WE DID MEET WITH LOWER MOIMANCE CIVIC GROUP AND THAT MEETING I GUESS WENT KIND OF WELL.

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IT STARTED OFF WITH EVERYONE FOCUSING ON THE USE, SAYING THAT IT WASN'T LEGAL BECAUSE

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IT'S NO LONGER PERMITTED IN THE DISTRICT AND I HAD TO EXPLAIN THAT IT WAS PRE-EXISTING

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non-conforming use. No one really had an issue with the building or the use, but half of

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the people were insisting that we remove the order of repair use because they didn't like

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it. By the end of the meeting, there was a response by residents saying, that is the

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lure of South Philly to have local businesses. We like it there. We take our cars for repair

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there and so in light of that we took it upon ourselves to get some signatures from local

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residents in the area which is part of my package my exhibit five if i may if you could allow nick

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my exhibit five uh if i may if you could uh allow nick corelli with a c c-a-r-e-l-l-y

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to speak he's the uh the owner

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i'm going to put up a rendering here while we're working on that it's a nice rendering

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nick are you there i'm new yes i am ron oh hi nick could you please tell the board uh

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your name and spell it please my name is nicholas corelli um

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i'm sorry you were breaking up would you start over again please

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nicholas corelli c-a-r-e-l-l-i we're infirm to tell the truth the whole truth nothing but the

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truth i do nick i'm just going to ask you a couple questions so you're the you're the current

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owner of the property and you operate the auto repair business, correct?

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Yes, sir.

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And you've heard my presentation and would you agree it is true and correct and that

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you would adopt it as if you were your own testimony?

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I do.

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Okay, thank you.

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If you could admit John Weckerle with a W, our architect.

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And I would mention that as a result of the civic group meeting that we did make

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a revision i have a revised plan that i did submit the other day which i will show you it it delineates

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and adds an interior trash room on the floor area in here so that was a question of where the trash

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will be stored that's accessible for all the units that's correct and then the trash will be picked

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up by a private hauler either with a key into the trash room and move it out or be rolled out

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uh to so the commercial pickup that's correct and it would be um as needed you know possibly

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you know more than once or twice a week so john are you there i am yes okay john uh can you tell

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the board your name and address please uh john weckerly boxwood architects 1315 walnut street

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uh philadelphia pa john spell your last name please sorry chairman uh w-e-c-k-e-r-l-y

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thank you you're swearing to firm to tell the truth the whole truth nothing but the truth

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yes i do please proceed ron uh can we see this site plan here yes okay uh john so uh you are

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familiar with the property or the architect who uh who drafted these plans yes our office did yes

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okay and uh if you could if you want to guide me through here these are the revised plans

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that's correct this plan actually does show the trash room uh in plan in plan view where i'm

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depicting right here yes sir okay and you want to further elaborate on uh the setback issue

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Yeah, so the bold line right to the right of your scope there is the actual lot line.

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Our proposal is to the hatched area that's kind of a triangle there.

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The existing building is kind of cut at a 45.

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Our proposal does include a very small addition to just square off the property to make it a rectangle instead of leaving that 45.

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And that's partially just to accommodate the lobby space with clearance to get to the steps to the second floor, as well as the trash room, and also incorporating the required reception area, office, and trash room on the ground floor for the auto repair.

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Would you like me to go back to the rendering?

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There is a floor plan, I believe, that shows on the next page.

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Not on a revised one.

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Let me drop out of this one.

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one of these john um yeah that one right there that that actually is prior to having the trash

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room but it in essence shows you the clearances required to to create the lobby space with an

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to create the lobby space with an area for mailboxes and and deliveries and then the workshop

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area for mailboxes and deliveries.

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reception area shows up as workshop existing office space for nick's uh auto repair utilities

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which would be the site utilities coming into the building domestic gas uh you know those type things

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and then and then the ada restroom for the for the um for the auto garage as you can see in the

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rendering here we're proposing to go on top of the existing structure uh with our with our new

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perimeter walls uh you see the existing four-bay garage there um we are proposing rooftop individual

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rooftop decks which you can see by way of the pilot houses uh that are presented here um with

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with you know a divider uh area in between each each unit and john the facade of the two-story

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addition? The facade would be a stud wall construction with R21 insulation with the

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brick veneer exterior. Thank you. That's all I have, Mr. Chairman.

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Thank you. Any questions from the board? No. No. No. Anyone else would like to testify in this case?

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If so, please raise your hand.

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no hands chair your planning commission

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good afternoon board peter bernard for the planning commission

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this property is indicated for commercial mixed use in the comprehensive plan

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we feel the proposal will not have a negative impact on the surrounding community accordingly

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we have no objection to the granting of the variance

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thank you is that ron is it one page revised uh that's correct

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mi 2020-001866-2143-45 south eisminger street my vote is yes with the following provisos

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revised plan one page approved today and commercial trash pickup my vote is yes with proviso yes for

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proviso yes with proviso yes with proviso okay thank you thank you i have the next case

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you got the next one yes i do westmoreland oh i'm sorry it's my fault i i jumped i missed

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i moved my cape my papers around mi 2020 that's what's that carol i said if it's york street

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right yeah number 12 okay MI 2020 that's 001947 1836-44 East York Street and you're still under

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oath Mr. Patterson just identify yourself for the record sure thank you Ronald Patterson

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Claire Harrison Law Firm 1835 Market Street Philadelphia EPA 19103 on behalf of the owner

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and developer good afternoon do you agree to wait the reading of the refusal and stipulate to its

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accuracy? Yes, I did. And have you emailed the exhibit packet with proof of ownership, tax

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compliance, refusal, referral, photos, and plans of the property five days in advance of this

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hearing? And have you met with the RCO? And do you have a letter? Yes to all of the above. Thank

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you. You may proceed. Thank you. This application regards a property on York Street. It's near

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front street but it does not front on front street in 2018 by right zoning

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permit was obtained to construct a five-story building here some conditions

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before the building was constructed you know this is a view of front street

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