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Hearing audio

ZBA Hearing - March 25, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 25, 20266h 18m

for you good afternoon council have you submitted your documents and exhibits five days in advance

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this hearing yes and do you waive the reading of the refusal and stipulate to its accuracy i do

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thank you you can share your screen and begin your presentation thank you this is a large building

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as you can see here 21 wolf street we're not taking the whole thing uh but we are going to be

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talking about a section of it and i'm going to go through that in a minute after 20 122 years

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the city's number one italian confectionery shop has decided to open a second location

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and they've asked me to bring it to you today is gross pastries is proposing a second retail

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outlet that would include a cafe where all of their pastries, in fact, could be purchased.

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People could sit down, have a pastry, have a cup of coffee, and they're going to be doing that

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in this particular structure, portion of this structure. Here's the refusal.

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I'll pull it in for you. As you can see, the proposed uses for the eating and drinking

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establishment prepared food shop and actually this is not this is the

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original refusal we also have an amended one and we're gonna so this is the

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space we'll be using it's in the corner section of the larger building you'll

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have a vestibule you'll have your cafe section your point of sale your pastries

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and all different great suites and then of course all the prep and toilets

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storage and this is as you can see 21 wolf is a large property there'll be

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just one tenant taking up that space. Give me a minute. That's existing conditions.

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This is an artist rendering of what it will look like when we're ready to open. Again,

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this is that corner section of the larger building. This will be the entrance here.

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There's the site plan showing the exact area that we'll be using.

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The hours will be daytime, no more than six staff members at any one particular time.

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uh there'll be exterior lighting there will be exterior surveillance cameras for safety

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and uh i think we all know the product unless unless you're not from here uh everybody knows

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what is grows is and that they just want to bring it to a whole new neighborhood down in

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south philadelphia and with that i'd like to have augustine sarno raises virtual thank you

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And with that, I'd like to have Augustine Sarno raises virtual. Thank you.

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Yep.

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And if I showed up in person, I would have brought some cannoli, but I didn't want to skew the boat.

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You're going to hold you to that, Vern.

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Afterwards, there's always Christmas, right?

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good afternoon hi good afternoon could you state your name and spell it for the record

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yes uh augustine sarno a-u-g-u-s-t-i-n-e s-a-r-n-o okay mr sarno do you swear or affirm to tell the

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truth the whole truth or nothing but the truth yes i do okay thank you go ahead counsel thank you

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uh aj did you hear my presentation to the board today i did very good job job is true and accurate

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to the best of your knowledge? Yes. And do you adopt it as your own? I do. Thank you. I have

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nothing further. Okay. All right. Vern, the RCO has in the, they wanted to have a proviso for

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trash receptacles or no dumpsters on the property. So how could you address that? That particular

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proviso is unenforceable, but how can we address the trash or the dumpsters? Or could you let us

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know about the trash plan we have a space for it that's dedicated uh an interior space in fact if

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if i i'm sure that there's someone from the design team who can talk about the larger site plan

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and where that's located uh if there is someone from the design team who can raise their virtual

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hand i would appreciate it i have promoted michael baker wonderful thank you

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Hi, I'm Mike Baker. I'm from Lammy and Giorgio Architects.

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Hi, could you wait a minute? Could you state your name again and spell it for the record?

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All right. My name is Michael Baker, M-I-C-H-A-E-L, Baker, B-A-K-E-R. I work for Lammy and

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Giorgio Architects. Okay. And do you swear or affirm to tell the truth, the whole truth and

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nothing but the truth? Yes, I do. Okay. So you can address the question about the trash?

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Yeah, Michael, I'm going to keep this site plan up. If you could just direct me where to put my

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cursor i think i know where it is but yeah so up in the up in the top left right now um we're

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burnt right by that where that gate is there is uh we have an existing freight elevator that

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exits right out in that area um we're proposing to have the dumpsters be right next to that gate

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um right in that area where vern's showing there and then we're going to construct like a little

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shield wall so nobody from uh what is that street the that's not wolf street but what the other main

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street anybody looking in from the parking lot and everything would not be able to see any of

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the dumpsters okay all right thank you and wait a minute the irony of having uh an architect named

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baker on this case is like makes me smile any other questions from the board that's right

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oh um is this oh go ahead okay so question how many square feet is this the cafe yes

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Yeah, so the cafe is going to be 1,917 square feet.

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Okay.

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Excuse me, out of the whole building being how many square feet?

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So the first floor square footage is 20,500 square feet.

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Wow.

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There's going to be other uses coming in here.

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There's going to be a virtual golf and all sorts of stuff.

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all right but but your your portion is just this 1970s yep that i mean that's the portion that

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we're here for today yes so how many seats are we talking about or how is this gonna

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um work i see you know you have a little layout here but how how are you planning to

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operators, doors, seating, traffic flow? Is there parking on the lot?

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We're not here for parking. The landlord is going to be handling the parking sort of stuff

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later. We're in the planning process with that. As far as seating is concerned,

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it's only going to be maybe three or four, two tops, not a whole lot.

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Okay. So it's mainly going to be more takeout?

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uh more takeout i mean the way you were talking was like people gonna come they're gonna be well

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I mean, the way you were talking.

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no well yeah i mean it's gonna be it's gonna be a coffee shop right so people sit down and they

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they drink coffee or sometimes you know if if there's a dozen or two uh you know dozen or so

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people in the cafe there might be uh folks who just want to grab a cup of coffee and a cannoli

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and head out but uh so yeah but it's not our application isn't for a takeout restaurant it's

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for prepared food shop which will require a certain amount of seating right well that that's what i

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was asking what are you talking about in terms of seating and you said maybe a couple tables and

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i'm like i don't think that's what we're talking about for a prepared food yeah i shouldn't have

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used the word couple my apologies okay all right all right any other questions from the board thank

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you questions from our attorney um just uh quickly mr anastasio i understand there's

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there's an uh amended refusal here which just limits the use to the first floor but is there

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a particular unit i didn't see in the the leases for the first for part of the first floor and a

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bunch of the second floor but i understand the application has now been limited to the first

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floor use um is there a particular unit number that's a good question michael do we know of a

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a particular unit number for this other unit numbers on the plan but i couldn't on the key

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plan but i couldn't for this this good question is michael still there

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he's coming back in now thank you okay i'm back and um yes so the the cafe section um

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This is formally 1D, vacant commercial space, is what the space was considered.

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Thank you.

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Sorry, just 1D as in David, right?

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Correct.

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All right, thank you.

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So it'll be per amended refusal and also specifically for Unit 1D.

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Okay.

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All right.

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Thank you.

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Questions from our audience here or virtual audience?

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I see no hands.

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okay planning commission

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thank you chair and good afternoon david vecto with the city planning commission

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chair and board members the comprehensive plan recommends a change in zoning at this location

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from i2 medium industrial to icmx industrial commercial mixed use under the proposed zoning

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a prepared food shop would be allowed by right the city planning commission recommends the board

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grant a proposed use variance for a prepared food shop thank you in my 2025 007238 21

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wool street my vote is yes with proviso her amended refusal uh february 17 2026 uh for unit 1d

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michael johns my vote is yes with proviso cheryl gaston my vote is yes with proviso

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Ryan McAdams, my vote is yes with Proviso.

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Taya Nguyen, my vote is yes with Proviso.

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Okay.

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Thank you.

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Yes.

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One word for you, Vern.

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Cannoli.

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You got it.

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Okay.

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So, Hilary, is the traffic person here?

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Do you want to do that one or is there a time thing?

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Yes, I believe Mr. Knippen, you're here, is your witness here now?

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Okay.

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Yes.

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So, we're ready to go with the wildly street cases.

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Okay.

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All right.

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all right so we'll do the Wiley Street cases so you can come back up I'll go

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back and that is case 9 and 13 okay read them again MI 2025 007194 209 East

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widely street and am i 2025 007534211 east wildly street we got adam laver is the attorney and then

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we have is this travis okay a mr travis niffin attorney for opposing party so we're going to

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ask you guys just where you went so you want to state your name um and spell it for the record

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good afternoon madam chairman and members of the board adam laver laver of blank room llp one logan

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square do you swear or affirm to tell the truth the whole truth and nothing but the truth yes

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madam chairman i do okay thank you um you want to state your name and spell it for the record for us

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good afternoon madam and good afternoon commission uh my name is travis niffin niffin is spelled k

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n i f f i n i'm an attorney i'm with the city's law department and i represent the streets

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represent the streets department okay thank you and do you swear or affirm to tell the truth the

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department okay thank you and do you swear or affirm to tell the

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whole truth and nothing but the truth I do okay all right okay so um we are these are cases 9 and

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13 that we're going to hear together um this is for uh creation of two accessory uh surface

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parking spaces uh we have uh letters of support from the fishtown neighbor association we have

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letters of support from council member squilla on both yep on both and then um

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yeah okay so um what we'll do is we'll let adam put on his case and then you can

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go next all right so our um vice chair i mean not vice chair well vice chair for today

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but our board secretary miss gaston has some questions for you uh good afternoon council

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have you submitted your documents and exhibits five days in advance of this hearing

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good afternoon miss gaston yes we have for both of the cases and uh do you waive the reading of the

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the refusals and stipulate to their accuracy for both cases yes we do Ms. Gossner then

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you can share your screen and begin your presentation thank you

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Madam Chairman and members of the board I represent Wilde Street Partners LLC and Henry

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Siebert. Mr. Siebert is sitting behind me and we have appeared before this board before regarding

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other projects that Mr. Siebert has brought to our city in the past. 209 and 211 East Wildey Street

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are companion matters and we appreciate in the interest of the efficiency of this board's time

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hearing them together the properties themselves are located here where the cursor is uh at the

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corner of wilde and day streets in fishtown they are situated as you can see members of the board

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solidly in the rsa5 single-family residential zoning district and the appeals before the board

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today concern documentation and confirmation of two accessory parking spaces in front of each of

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the single family homes side by side these two single family homes that are at that corner

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were recently approved new construction single family household dwellings but before delving

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into the details of what is proposed it's really critical to go back in time with you

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and let's start if i may with the department of licenses and inspection zoning archives

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in 1987 nearly 40 years ago this very zoning board of adjustment granted variance relief

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for residential development at this location you can see that I've

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highlighted oops one moment the cursor is not showing but the upper highlight

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references northeast corner of Shackamaxon and Wildey Street through

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to Day Street. Members of the board, this is the entire city block, one side of this side of Wildey

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Street, was developed in 1987 for single-family residential dwellings starting at Chackamaxin

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and going all the way to Day Street. You'll see some photos in a minute.

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following the granting of the zba variance relief in 1987 the department of licenses and inspections

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issued zoning permit number 350410 which i've highlighted that was issued in august august 13th

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of that year and that was for the erection of five single family dwellings each of the members of the

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board with accessory off street parking at the front and you can see here uh former uh zoning

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supervisor jeannie clinger's uh beautiful handwriting where she writes out that very

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relief following the zoning board's granting of a relief that this side the same site same location

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same location from shakamaxon all the way to day street was approved by this board and then

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from Shaq and Maxon all the way to Day Street.

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documented by the department of licenses and inspections for single family homes

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with front loaded accessory parking spanning from shakamaxon to day street

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so why are we here nothing has really changed except for the fact that the residents closest to

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day street that corner that we looked at at the beginning 209 east wilde street was torn down

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and recently subdivided into two conforming lots with two conforming single family residences that

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were approved pursuant to the zoning code within the confines of the zoning code they they have

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been built construction is almost complete in fact there are young families that are ready to move

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in with their children to be active participants in the neighborhood and in city life but the

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department of licenses and inspections deemed that prior approvals which i've now shown you

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for the very same front yard parking that the zba had previously approved back in 1987

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as requiring i'm not sure why that just okay as requiring new review due to the subdivision

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the plan before you is the plan approved from 1987 which is very difficult i know to read

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uh and i can zoom in if if required but but maybe i will i'll pull up a little bit so

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that you can see this better and this this is from the lni records

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Okay, so I've highlighted to try to frame it for you at the top of the page you see Shaka Maxson at the bottom of the page you see day street on the left is will D street, which is the street front that i've described with all of the existing single family homes on the entire side of the street with front loaded parking

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as approved by the zoning board and then approved by lni and there's one other party that i'm going

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to tell you approve this too at the bottom of the page you can see depressed curb cuts

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typical and the notes that are really hard to read show you some other typicals regarding

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entry off of day street into these single family homes i certainly recognize members of the board

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that nearly 40 years ago the requirements of lni were not quite as detailed as they are today

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in terms of what is expected however on the far right of the page

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are the streets department approvals so these were fully reviewed of course by the streets department

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as well with that with that context i'd like to turn now to the existing conditions along the

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