civus
Hearing video

ZBA Hearing - November 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 13, 20247h 40m

basic as far as that okay um for me this is insufficient information to even review quite

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frankly but we need i think i need more information as far as as far as some plans

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something that shows an elevation something that shows in context with the rest of the block

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um this just it's not enough to show if you if you're about to spend a lot of money to do a third

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floor three-story edition i think it makes sense to sort of put together so you know some documents

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that are, you know, are sufficient enough for us to consider, you know, so that we get a real

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sense of what it is that you're trying to do. And this doesn't do it for me. I'm sorry.

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Yeah. So, Hillary, can we make this, bring this back?

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hillary sorry mr sure um yes if the if the board would like to have a resumption hearing

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yeah so why don't we do this let's see if any other boards board members have questions so

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that we can add to the list of things that need to be done or any of the other yes comments or

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questions from the board yes chair can you make sure you include pictures of the block where

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there are other three-story

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buildings on the block

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just showing that there's no setbacks.

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Well, I think in the picture,

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it does show the houses across the street

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with the third floors there.

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I mean, I would hate to

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schedule another meeting because it's only setting me

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back. I mean, it took me a while to get this meeting.

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And I mean, if we go

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through the picture.

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So let's see.

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Your attorney can call the office

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and we'll figure out when that next date will be.

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But, you know, it gets kind of hard to see this flat drawing you have.

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But, you know, it gets kind of hard to see this flat drawing you have.

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I mean, look, I think what the issue is you need to hire somebody to draw plans for you.

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And I think counsel made reference to you had this because you want to get it approved first.

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But the fact of the matter is you can't approve it unless you can see it.

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That's why I said there's no rendering.

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There's no way to look at this thing.

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So what we're going to do with this, this will come back for a resumptive hearing.

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Mr. Vicario, do you understand?

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Understood.

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And you'll work with your client and tell him what he needs to do.

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Are there any other requests from the board so I could?

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Yep.

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Any other body else on the board have an issue?

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Can I just clarify for the record?

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Yeah.

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Yes.

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So basically the board would like to see an elevation of what this would look like, which normally is part of the site plan, I believe.

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But I guess in this case it was not.

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So I think an elevation would be helpful, as well as photos of the block showing what the rest of the block looks like.

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And then I assume that the board at this point would like to take public testimony and the recommendation of the Planning Commission at that resumption hearing.

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Yeah, we would do that.

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Yep.

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Okay.

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And some kind of plan to show us some kind of floor plan that shows us what it kind of looks like.

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I mean, that'd have to be real, real detail, but something that we can kind of see what it is that he's trying to do.

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Okay, so clarification for how the space will be used.

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Correct.

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Okay.

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Thank you, Mr. Vaccaro.

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Thank you.

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Okay, number 17, MI 2024, 004-319-2922 South Juniper Street.

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Denise McGee is the owner applicant.

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There's a letter of support from the South Philadelphia Community's Civic Association,

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along with a petition of support submitted by the applicant with 21 signatures

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from the residents on the 2900 block of South Broad and South Juniper Street.

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They're coming back in as a panelist, Mr. Chair.

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Hi there.

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Good morning.

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Could you please state your name and spell it for the court stenographer?

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Sure. My name is Denise McGee, D-E-N-I-S-E-N, McGee, M-C-G-E-E.

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You're referring to tell the truth, the whole truth, and nothing but the truth.

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Yes.

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Our vice chair has a few questions for you.

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Sure.

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Good morning.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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i have the but the only thing that i am waiting for is a certificate of tax which i requested a

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few times and they um and they gave me log on information which i'm not able to log on

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um that's the only thing that i have outstanding and i know but hillary we believe she's compliant

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am i right hillary yes mr chair she is you are you are compliant you're compliant but okay

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You can proceed and share your screen.

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So, Ms. McGee, let me read this first.

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This application is for the erection of a deck at the rear of an existing structure, whereas the proposed deck lacks the required three-foot setback from the common driveway.

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Okay, so why don't you start your presentation?

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Okay.

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Share your screen.

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I am sharing.

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Can you see my screen?

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Not yet.

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Okay.

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We see you.

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Oh, you don't see my screen?

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Okay.

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So open your documents and then put shared screen, okay?

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Yeah, everything's open.

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We don't see it.

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Open system security privacy.

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I have to grant access.

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I don't know where I do the grant access at.

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Meeting.

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It says I have a privacy issue to grant access settings.

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I'm sorry so so it's asked you to grant access can you grant access so that it

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can access you yeah I'm saying to to share screen share it says open system

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settings system open system settings I never had this problem before I'm so

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I'm sorry. What kind of computer are you on? I'm on a Mac.

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Okay. My, yeah, my knowledge of Mac is extremely limited.

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And I just did a Zoom meeting. I didn't have an issue before, so I'm not sure

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what could be. Why don't we do this? Why don't you, you know, we're going to have hearings all

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this morning. Let me go past you and I'll come back to you. I'll give you about a half hour or

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go past you and I'll come back to you. I'll give you about a half hour or so to try to get this

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to try to get this straight, okay?

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straight. Okay. All right. Thank you. All right. We're going to go to our, start our list.

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So you'll come back. I'll come back to you. Yep. Okay. Number one, MI 2023-002-992-2201

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of Frankfort Avenue. Meredith Verliger

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is the attorney.

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There's a letter of support

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from Fishtown Neighbors Association

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and a letter of unanimous support

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from Fishtown Kentian Area Business

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and a letter of non-opposition

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from Council Member Squall's office.

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They're coming back in as a panelist, Mr. Chair.

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Right.

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Chairman, members of the board.

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Good morning, counsel. Could you please state your name and spell for the court stenographer?

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Meredith Ferliger, F-E-R-L-E-G-E-R.

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Where are firm to tell the truth, told truth, and nothing but the truth?

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I do.

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Could you identify your client in a relationship to the property?

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Yes, certainly. My client this morning is Leo Figgs, LLC, which is the prospective tenant of the property.

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Here, it has a few questions.

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Good morning, counsel. Do you agree?

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The reading of the reviews were stipulated to its accuracy.

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I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case?

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Five days in advance of this hearing?

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I did.

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Thank you, counsel. Please proceed and change screen.

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Wonderful. You can see the first page of my exhibits at this point, I hope?

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We can.

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Wonderful. So again, good morning, Mr. Chairman, members of the board.

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Again, my name is Meredith Ferliger of Yilworth-Paxson.

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This morning, I have the pleasure of representing Leo Figgs, LLC, the prospective tenant of the property at 2201 Frankfurt Avenue.

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My client is represented today by Justice Figueres.

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The request before the board today concerns 2201 Frankfurt Avenue, specifically the ground floor commercial space.

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Before I move into my standard presentation, I wanted to take a moment to address some of the administrative history of this application.

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which is just a bit unusual and lengthy. On behalf of the property owner, not the tenant,

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I originally filed an application with L&I back in April of 2023. That application was refused

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and referred to the board, and we initially filed an appeal in May of 2023. At that point,

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the property owner had not yet identified a tenant for any of the spaces or for the commercial space

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as a whole. Still seeking to identify a tenant that would not require relief, we continued the

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December 2023 hearing attorney moving party. In summer of 2024, the owner was able to identify

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a fantastic tenant. That tenant retained me directly to modify and resume this particular

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application. In September, we asked this board for leave to amend the original application

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to more carefully tailor it to this newly identified tenant.

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That request was granted, and an amended refusal was issued shortly thereafter,

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and that is ultimately what brings us in front of you today,

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a year and a half after the application was first filed.

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So just to summarize, originally this was on behalf of the property owner,

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now this application is being pursued on behalf of the newly identified tenant.

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As always, you have an exhibit packet in front of you that contains 15 exhibits, which we do request be moved into evidence at the conclusion of the presentation.

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To summarize the basis for today's request, my client is looking to open a new business in approximately 4,000 square feet of commercial space that is best summarized as an urban winery, boutique grocery, and restaurant, and neighborhood educational space.

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Let me first orient you to the location of the property.

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The lease and tax clearance are included at both Exhibits 2 and 3.

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As you can see on the aerials at Exhibit 10, the property sits at the corner of Frankfort Avenue on the Frankfort Avenue commercial corridor at the intersection of East Susquehanna Avenue.

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You will notice that this is a newly constructed building.

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From the northeast view here on the next page, you'll see the rear of the building and its

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relationship to the dominant commercial corridor that is surrounded by a mix of multifamily and

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other single-family uses. At the zoning map at Exhibit 9, you'll see that this property is owned CMX.

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At the zoning map at Exhibit 9, you'll see that this property is zoned CMX 2.

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The property also sits in the NCA North Delaware Avenue overlay, which is relevant to one of the referrals.

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Turning to, let me zoom out a little bit, turning to the photographs at Exhibit 15,

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the first photograph shows Justice highlighting the interior of the now vacant commercial space.

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This left photograph here is oriented looking towards Frankfurt Avenue, while this right photograph here is oriented looking towards East Susquehanna frontage.

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And you can see the four doors to access this commercial space in these photographs.

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The space benefits from incredibly high ceilings, as you can see, large windows, and dual access from both of the street frontages.

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Moving into additional interior, exterior photographs, the first photograph here is

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right at the corner. I'll scroll through the photographs, and then I'll address the history

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of the building itself. This next photograph here is looking along Frankfurt Avenue,

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looking towards East Dolphin Street. And again, you'll see the four entrances to the commercial

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space that are shown in the photograph, two of which will be utilized by Leo Figgs, and two will

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be reserved for a future tenant in the soon-to-be-separated space. A closer view of these

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four entryways are shown here in the next photograph. Moving on, the next, the, oh, I wanted

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to point out one other thing. The entrance to the residential units in this photograph

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are just slightly out of view here on this photograph.

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The next photograph here shows a general view of the Frankfurt Avenue East Susquehanna

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East Susquehanna Avenue intersection facing just diagonal from the building.

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Moving on to East Susquehanna Avenue, this view faces towards Tulip Street.

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And what you'll notice is that this entrance, this frontage has multiple entrances here towards the rear, which you can see a little bit better in this photograph here.

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There are also these doors here.

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You can see our entrances to a reserve trash storage area and other utility areas for the building.

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There's also an electronic garage here that provides access to parking spaces in the rear.

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And as always, we did include photographs of the zoning posters, which were posted on October 22nd.

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As I mentioned, this is a newly constructed building that was first permitted in 2019 by an original owner and developer.

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The zoning permit, the original zoning permit is shown up on your screen at Exhibit 5 with the original zoning plans.

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This building was originally approved for the construction of 26 dwelling units with a first floor fresh food market that provided the then owner with a height bonus to construct the building to 55 feet high.

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My original client for this application purchased the building in March of 2023, long after it was first permitted.

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By that time, no commercial tenant had yet been identified for the nearly 5,000 square foot commercial space that would meet the definition of a fresh food grocer.

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As I mentioned earlier, my original client submitted a zoning application the month after his purchase to convert the commercial space into three separate tenant spaces, seeking to provide maximum flexibility towards finally identifying a tenant for the space.

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The original refusal and referral are shown in your exhibit packet here at Exhibit 4, and I have that up on the screen here.

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So you can see here where it was originally proposed to have three commercial spaces.

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In addition, that request also included seeking approvals for a variety of restaurant type of uses, which would require special exception relief from the board.

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Again, the goal here was to ensure that when and if a tenant was identified, that it could

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