civus
Hearing video

ZBA Hearing - April 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 17, 20245h 58m

There's this open courtyard, and the R building is this portion of the property back there, which is where the brewery is going to go.

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um aerial view of the property this is the mckean street property right right there

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um and some information about the current space for the board to have context this is their

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current location in the west pass yunk avenue um this is uh some of their manufacturing equipment

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it's going to look similar uh to this but it will be in a larger space at their new new location

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Some examples of the brewing tanks.

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And just for context and reference, the front of their existing facility, which, as you can see, they keep it nice and clean, nice and clean looking.

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This is the 1715 McKean Parcel.

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The R building is back here through this open courtyard.

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So the entrance to the brewery will be through this garage door back there.

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There's also a side door here for days or times when this garage door is closed.

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this is looking um through the uh alleyway out towards mckean street

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uh and this is now to the right and left of the of the of the site um there is a floor plan here

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uh let me see if i can uh rotate this for the board here we go

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of course it wants to come out the wrong side up there we go this is the proposed floor plan

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again it's the it's the rear building first first floor area here so as you walk in

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you're going to have an outside dining area that is underneath the overhanging roof

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space for tables bathroom facilities and an open bar here in this middle section will be the

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uh in this middle section will be the kitchen facility there's an exhaust hood and commercial

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kitchen facility. There's an exhaust hood in commercial kitchen.

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kitchen set up here barware along the front and prep tables along the rear a refrigeration area

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and then to the back this is where the brewery will actually be set up uh with the brewing tanks

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the samples of which i i shared a couple slides ago um we uh as the chair mentioned i believe

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as i was coming in we did meet uh with the civic association and they uh provided a letter of

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non-opposition which are actually a letter of of support that is before you now uh there were 18

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people who attended the meeting 12 of them were near neighbors um with the exception of one

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individual everybody was in support of the application uh and there was a letter uh a

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summary letter of the items that we talked about at the meeting um that was you know very positive

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feedback both in terms of their existing business and what they propose to do here

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um there is uh one of the suggested items was a loading zone we are endeavoring to uh have one

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of the spaces in front of the property be designated as a loading zone and working with

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the streets department to do that. With that, could I ask Sean Arsenault to raise his virtual

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hand if he is in the audience? Sean Arsenault, if you're in the audience, please raise your hand.

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And I see no hands raised. Mr. Klein, you're an officer of the court. We will take your testimony.

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Thank you, Mr. Chair.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney?

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Briefly, Mr. Klein, I don't know if you saw my email earlier, but the copy of the lease that was received was only signed by the landlord?

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Yes, I sent you an email thereafter with the full copy.

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okay there i think there must be something with your emails because i did not see it

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could you mind just pulling it up on the screen quickly so we can see it

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and then we'll just try resending it afterwards yes certainly if you if you bear with me one

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moment i will uh i will endeavor to do that

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one second miss emerson oh not a problem

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yes so here here is that uh signed on the cover page and then scrolling to the end of the lease

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okay uh there's a signature line there all right thank you so much yeah we'll just we'll have to

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work out sending i don't know what's going on with the email but thank you we'll try to try

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send that again when you have a minute thanks so much absolutely yes as soon as soon as we conclude

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i'll send copy questions or comments from the virtual audience there are no hands here planning

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commission good afternoon amy boyd a-m-y-b-o-y-d with the city planning commission do you swear

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or affirm to tell the truth the whole truth and nothing but the truth i do please proceed

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The comprehensive plan recommends a change from I-2, general industrial, to industrial and residential mixed-use zoning at this location.

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The proposed sit-down restaurant would be allowed by right under the recommended zoning.

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The City Planning Commission recommends that the board grant the proposed use variance for a sit-down restaurant.

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Thank you.

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MI 2023-005-925-1715-R, McKean Street.

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I vote yes with proviso. Use limited to suite 103. Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso. Ishmael Shahid, my vote is yes with proviso.

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Thank you, counsel. Thank you very much. Have a good afternoon.

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All right. We're going to go to number eight, MI 2023-006-280, 4430 Longshore Avenue. Sean Ward is the attorney. Letter of non-opposition for the Taconi Civic Association.

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Sean Ward is coming back in as a panelist.

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You

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it's it's not letting me promote him can someone else try please

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i'm trying now thank you oh there he is i think he's coming in now

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good afternoon mr chairman and members of the board

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

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Of course. My name is Sean, S-H-A-W-N, Ward, W-A-R-D, Esquire, attorney for applicant and owner of the premises at 4420-30 Longshore Avenue.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Mr. Ward, could you identify your client?

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My client is Greg, G-R-E-G-G, Argentina, as in the country, A-R-G-E-N-T-I-N-A, record owner of 4420-30 Longshore Avenue.

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He is on the call, however, via cell phone.

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And we have our design professional, Ray Brogdon, who is in the audience.

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Our vice chair has a few questions, sir.

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Of course.

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Okay.

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use or stipulate to it yes I do have you emailed in all the required documents and

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exhibits that is needed to proceed with this case five days in advance of this hearing yes I have

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thank you council please proceed all right Mr. chair at this time I'll share my screen please

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All right, Chair, can we confirm that my screen is visible?

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Your screen is visible, sir.

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Okay, and I do hope and promise that everything is oriented in the right direction, and we can get through it without flipping screens.

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Again, I represent Greg Argentina.

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He is the record owner of the subject property.

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at 4420-30 Longshore Avenue in the Taconi section of Philly for its hearing date today.

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There was an application filed for the relocation of lot lines to create three lots from one lot,

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which would now be Parcel C, is the continued use of the existing building,

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which fronts on, I believe, Longshore, yeah, and then parcels D&A are fronting on Jackson Street,

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and that resulted in four refusals, one for landscape buffering, one for occupied area,

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and two for rear yard requirements. So accordingly, we seek the dimensional variances

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as contained therein.

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That is under A1, the notice of refusal.

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So A2 is the application of appeal.

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A3 is the project information form.

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A4 is proof of ownership, which is a copy of his deed.

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A5 is proof of tax clearance.

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A6 is the subdivision plan with the legals

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as approved by the 5th Survey District.

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A7 are site zoning and elevation plans.

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A8 are the proposed landscaping area because that is raised in a refusal.

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A9 are the photographs.

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A10 is the RCO meeting notice with the certificate of mailing.

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A11 is the RCO letter from Taccone.

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When I submitted the exhibit packet, I had not yet received the letter.

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However, that has been submitted and chair before I was promoted.

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I don't know if you're aware of this, but when you're promoted, you kind of lose contact of what the chair is saying until you're promoted.

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And I believe you had indicated that it was a non-opposition letter.

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Yes. I believe that may be a letter of support, but we'll bring that up when it comes to it.

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Sure. With regard to the.

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Sixth Council District letter, I do have confirmation from both Tom Forkin, Councilman Driscoll's chief of staff, and Stan Sawinski, who is the zoning liaison, that I am authorized to acknowledge to the board that there is no opposition from their office on this application.

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As far as relevant zoning history at A13, there was an addition to an existing structure for continued vehicle repair.

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There is an addition to an existing structure for continued vehicle repair.

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A14 and A15 are the zoning map and aerial photograph.

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Having said that, we have the notice of refusal.

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We have the application of appeal.

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I'm not going to bore the board with all the details there.

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The PIF, I want to transmit a letter.

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Copy of the deed from 2004.

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Proof of tax clearance under OPA and the Revenue Department, it comes up as 4430 Longshore.

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In a nutshell, the primary building of the property, this is the survey plan approved by the survey district.

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The primary structure, France on Longshore, it had a lot behind it, which we're looking to subdivide into two additional lots with access from Jackson Street through an existing curb cut.

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We have the three new legal descriptions.

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This would be the existing site plan.

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Again, the proposed site plan.

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Again, the primary structure that is owned by my client, Frunzel and Jackson, the lot behind the structure would be subdivided into two different properties owned by my client with the construction of two adjoined buildings on that site.

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with regard to the landscaping i'll increase this a little bit uh there is a buffer yard

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along the uh the backside facing from jackson street to the adjoining property owner and uh

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and and i didn't mean to do that um and the uh adjoining property owner at uh 68

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8616 or 6818

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Jackson Street, which I represented in years

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past for a daycare and whatnot.

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Hold on a second.

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Zero. All right. Copy of our zoning posting

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posted on the corner of the building.

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Just for the record, that's my vehicle with the tailgate open.

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This is a Google angle you have out here is Gillespie Street.

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This would be Longshore Avenue, and then Jackson Street runs along here.

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The primary structure fronts here on Longshore Avenue, and we're speaking of the vacant lot behind, which currently shows storage of vehicles.

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This is a picture of the Longshore frontage.

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Again, my vehicle to the left at the front of the building.

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This is the Jackson Street photo.

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This is a Google Street showing the front of the subject lot to be subdivided.

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This is a straight-on shot of the existing fence of the fenced-in area of that lot.

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Again, that would be removed for the access to the buildings.

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Again, just another Google Street corner view.

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That Toyota or whatever that is there is no longer there.

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The red Chevy was there at my last visit.

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This is a copy of the Taconi RCO notice of meeting.

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It included a copy of the refusal.

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These are the addresses as provided by the Planning Commission.

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This is my certificate of mailing, indicating that identical pieces of 58 mailings went out regarding this property on February 23rd.

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This is regard to the zoning history.

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As previously indicated, it was approved for vehicle repair and maintenance.

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the property is zoned CMX2 commercial.

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Again, looking at it from the

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aerial view.

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Argentina and

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Sons Roofing is my client that owns

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the property facing longshore as well as

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the lot. I outlined the lot

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in red to be subdivided.

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And

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And that is basically the sub and substance of the application packet which was submitted.

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let me please go to

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Let me please go to. All right. Are we seeing the tech honey letter? We are. Okay. As you can see. All right. Yeah. I stand corrected. You are correct. Chair. It does say non opposed.

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In addition, they did provide a letter of explanation just indicating that they do not oppose the granting of the variance request.

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Again, I did confirm via text message today with Stan Sawinski, that's C-Y-W-I-N-S-K-I.

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Stan is the zoning liaison for Councilman Driscoll, as well as Tom Forkin, who is Councilman's chief of staff, that there is no opposition to the grant of this application.

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For the record, I also have Ray Brogdon, who is our design professional.

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He is in the audience.

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If you need to hear from him, he can raise his virtual hand and be allowed to speak.

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Mr. Argentina is attending or participating via cell phone.

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He was not sure how to raise his hand or whatnot via cell phone.

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And I never do it by cell phone, so I don't know how to do that either.

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But as an officer of the court, I can represent that both Mr. Argentina and Mr. Brogdon have reviewed my exhibit packet,

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and they would verify that it's true and correct to the best of their knowledge, information, and belief.

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And they would adopt the same as their own testimony.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commissioner.

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good afternoon chair david vecto with the city planning commission chairman and board members

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the comprehensive plan recommends no change to the commercial mixed use zoning at this location

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there is no unique physical condition or circumstance of this property that would

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prevent the appellant from complying with the rear yard depth occupied area or landscape

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buffering requirements in the zoning code the city planning commission recommends the board

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deny all four variances the word you want to respond before we vote uh mr chairman given

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you know i'm sure i'm sure at least the chair and you know if not all the board members are

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familiar with this area this is uh down there in tech county uh just just off of uh state road

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milner street uh it is a mixed-use area used to be the distant estate um the the improvements to

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this property would represent an improvement, given the fact that we have that fenced-in

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area in the back, which will be eliminated.

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The construction of two new structures would definitely be an improvement to the community.

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