civus
Hearing video

ZBA Hearing - September 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20214h 46m

going to be a terrace to accessory parking so we don't have like everything paved we don't have

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curb cuts we don't have anything else like that because we wanted to go through and get the legal

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spaces first before is the parking space paved current currently no it was going to be it was

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going to be a terrace no no that's not that's not what i asked is it paved is the parking space paid

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let me let me try it the area where you're looking to put the parking

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is that already been paved no there's no concrete there no we didn't we didn't do any kind of we

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didn't do any any sort of site work to facilitate parking until that's that's not that's that's not

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my question site work is the material there no okay let me do it another way is the sidewalk

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slopes for parking to get access to it no not yet no

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again we didn't we didn't get any of the building we didn't we didn't get any of the building

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approval showing curb cuts showing driveways showing that is parking because we knew your

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drawings show that your drawings your site plan shows parking and slope and curb cuts your drawings

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show that which is right we we submitted this drawing to get the variance we submitted another

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version that got approved by the city that didn't have any parking as part of it so in order to get

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just the accessory parking because the building as it was built and designed previously didn't

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include parking didn't include curb cuts that doesn't show on the previously approved drawing

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so in order to start the variance process and get the legalized parking we took our site plan that

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already had we showed the parking on it we showed the curb cut we got the approval from the streets

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department we developed this site plan that you see in front of you here this is just this is just

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to get three parking spaces added to the previously approved application well let me ask you let me

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ask you could you build the building by right without accessory parking yes so why didn't you

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we we did so we got it approved without accessory parking we got the building permits they're

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already in construction we figured before construction wraps up oh so so the picture

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i'm getting is that the owner built it and now you didn't try to get a variance for it

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because the builder built it already well it's under construction correct it's it's under

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construction with that front area initially intended for an outdoor terrace but what we're

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saying is because of all the development coming to the block a better use of that terrace would

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be for accessory parking so we didn't just pave it and do the curb cuts and stuff like that and say

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legalize the condition we built we're trying to go through and do it correctly by getting the

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parking legalized then submitting the amended building permits to actually have the curb cuts

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that the streets department will approve and then have the paving in the front to facilitate that as

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actual parking spaces versus an outdoor terrace space so why do you want all street parking

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accessory parking there why do you want it there you can get the building by right so you want it

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there you built it and now you're trying to get it approved legalized no they don't that correct

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let me let me step in if i could i think tom they have not they didn't make the curb cuts

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the original plan is what they're building without off-street parking they're now coming

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back and asking us to amend the original application to allow for three i think it's

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three parking spaces three per building yes three per building nothing's been done as

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as it relates to curb cuts correct me if i'm wrong you have an amended application

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to the original plan that was submitted and approved, correct?

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Correct.

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so what is the hardship to put accessory park in there where's the hardship that you have

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So what is the hardship to put a Sesame Park in there?

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Where is the hardship?

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have to have accessory parking there so as i'm sure you've heard from a lot of the hearings

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parking is a huge issue in the city and rm1 for whatever reason doesn't contemplate parking

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access by a front street it makes it so that you can have accessory off-street parking but it has

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to be accessed by a shared driveway or rear street or really your alleyway but there's a lot of

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properties in philadelphia that are not accessed by anything other than a front street so there's

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no way to accommodate parking and when you're about to put up um you know a significant amount

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of units and you you don't have any off-street parking it becomes a planning issue down the road

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so um it's if we could do it another way if we could do it by a rear street or a private or a

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driveway or an alleyway we certainly would um there's no other way to accommodate accessory

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off-street parking on this lot besides access by a front street and that's just a convention of the

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way the code is written well you don't mention that in your application for appeal no you don't

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if you look at your application for appeal it says uh emmanuel institutional baptist church

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which is no longer a church it's an apartment building and it doesn't require off-street

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parking because it is an existing building you mentioned new salem after church they have a

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parking lot that's from krosky street you mentioned martin luther king recreation center they don't

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have a parking lot but that's a neighborhood local recreation center there's not a lot of cars coming

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that recreation center the people are using it locally and one more thing the sensor tracks

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for that area says that the transportation mode for most of the people in that area is over 50

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public transit so you're not accommodating for the people in the neighborhood or the

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facilities in the neighborhood so why do you need so more so much additional parking

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off-site parking that is so it would only be three parking spaces for buildings um it's not

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50 parking spaces or 20 parking spaces it's three parking spaces i think the reference to

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some of those additional amenities in the neighborhood is that while this block is

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currently mostly vacant now as these neighborhoods continue to develop if we don't provide any

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parking it will become an issue as we've seen in i don't know hundreds of areas all over the city

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so some of it is in consideration for long-term planning and it's only three spaces per building

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it's not an additional parking so you don't think that the that area that community will increase

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in public transportation and not on-site parking it's already over 50 public transportation

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i don't know enough to speak to the trends of public transportation or infrastructure but what

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i have seen from doing this for the last eight years is that the need for accessory off-street

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parking is something that's continually asked about thought about and complained about in our

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city um so while i appreciate that people also take public trans transportation there are still

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people who need cars and we're looking to just add three parking spaces per building uh but but

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transportation but when you add three parking spaces you've taken each cut of the building

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it's taking two cars off off the street but you just said that 50 of people are

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are now taking public transportation so if they're so so i i guess then if the net gain of that is

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still one one additional car off the street and then if the comment is that you know parking is

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not that big of an issue and they're taking public transportation and i'm missing the link there as

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well it's either that we want public transportation and that on-tree parking is not a problem or that

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on-tree parking is a problem we need accessory off-street parking the community needs more

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public transportation better public transportation and not additional well that's a septa issue i

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I mean, that's not anything that any developer in this city can solve is public transportation issues.

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That's a state-wide issue.

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I don't know how we resolve that and how three parking spaces is detrimental to that separate goal.

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With and how three parking spaces is detrimental to that separate goal

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Keep pull up the site plan

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okay thank you you have three parking spaces and 10 units or eight units

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so therefore some other tenants is not going to have a parking space is that correct yep

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where are they going to park so as you mentioned they'll either park on the street or they'll take

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public transportation or they may park or they may double park i'm not going to speculate about

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someone double parking i don't know sure theoretically someone could double park but i

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don't if the space is there they'll use it i'm sorry this is tanya sunk it uh mr holliman

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your volume is extremely loud can you just turn it down a little bit please

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I will do. Thank you, Kylie. That's better.

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One more turn down. Okay, I will. Thank you very kindly.

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Our 22nd Street is a heavily traffic street. It has four lanes. One is a bus,

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two is parking and one is driving. And in your application, you say it won't

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create a traffic congestion well how are they going to get into debarking space

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when they gotta go about let's say five miles per hour and the street is doing 20 miles per hour

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that's not going to cause a traffic jam um i'm not a traffic planner so i'm not going to

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weigh in on the i don't want to say anything inaccurate so i don't want to make any speculation

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about how traffic is going to go without a traffic study but it's free parking spaces it's not

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an underground garage or a structured parking garage there's plenty of places in the city of

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philadelphia where there's accessory off-street parking in this same manner and there's uh they

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seem to be able to navigate it um this isn't like a brand new idea um but i i hear what you're saying

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well the thought behind it was just to provide off street parking given the amount of development

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on this block going up and the fact that from a regular basis we hear constantly about the need

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for parking parking parking parking so maybe this block uh has some ties to public transportation

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different than other blocks i do still think there's a need for both off-street parking and

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public transportation and like i said the block is mostly vacant now so maybe it's not an issue

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at the minute but it won't stay vacant and we do have support from those who actually own

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um property on this block most of the opposition that we faced was not related to anybody who

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actually lived on this block which is uh so that's the evidence that we we have and and

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i do appreciate you know the comments that you've made um just trying to not uh state

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anything inaccurately based on my experience

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as far as i can tell there's only one house occupied on that block correct so where did

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1724 and the other addresses of people occupying comes from it's the owners it's developers and

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owners on that block that are have properties under construction or in the permitting phase

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so they actually have ownership on the block but they don't live on the block

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you just said nobody lives on the block i said there's one house that's occupied on that on the

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block right and i don't know if that person is in attendance i know that we have uh the owner and um

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another owner on the block that if you wanted to you wanted to get them sworn in they could

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certainly tweak to the conditions and the ownership on the block better than i could

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but the owners of those properties don't live there but they're developing properties on the

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but they're developing properties on the block so they can certainly speak to the units coming up

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block so they can certainly speak to the amount of unit to come

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they're speaking for their own units building correct i mean that's all they would be able

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to speak to is they're they actually own property on that block whether they live in it i don't know

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it's just relevant they also own it they're going to be maintaining it and responsible

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for leasing them etc or selling them if they're condos let me ask you some other questions

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uh do you have approved building permit um i would defer to logan on that i'm not involved

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with that side of it yeah so we have we have building permits on all three buildings like

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i mentioned before the building permits that we have approved just have that space in the front

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as being a terrace for the residents to use again if we were to get the variants for the

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accessory parking spaces we would submit amended building permits that show you know the proper

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driveways curb cuts along with all the streets department approvals as well but currently at

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this point we just have building permits for each building with again that front area being used as

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terrace okay so i now i now understand you use two separate sets of plans one to get

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billing approval but not the real one you want to put there you come back for a zoning

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variance to put the all street parking which is the one you wanted from the beginning that

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seemed to be the scenario that you're doing here because you had two sets of plans

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well well again we we developed the second set of plans we developed the second set of plans once

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once the owner realized the the influx of development in the area and we decided that

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we were going to use that terror space instead a better use would be for the accessory parking

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so we didn't have two set we didn't have two sets of plans from the beginning we had you know all

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intents and purposes to use that front space as a terrace for the building but then once once the

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owners saw a lot of the development coming to the area you know we we reworked the plans in such a

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way that we could get the accessory parking spaces in the front and with all the respect it's not

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uncommon for a developer to submit a set of plans and go through moving it forward given how long

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some of these processes take and then make changes to it go through the variance process or add on

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to a project it's common or or illegal sometimes you get through a project and you make changes to

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it uh you try to go for uh something that allows you to move forward for for financing and for a

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whole bunch of other reasons and then can add on to it and our process luckily allows

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not wholly uncommon either uh it's probably not an uncommon practice but usually you get

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community support for doing it yeah we don't have any control over how the community feels

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with any given project i've done projects that i thought were very simple and very straightforward

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and people are in opposition to them i've done projects that i thought were going to be more

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contentious and there's a ton of support for them you don't know that going into it but when you

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hear about the concerns with parking you try to provide parking from the outset there's no way

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until you move through the process to understand how anybody's gonna feel i was surprised at the

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level of pushback for parking i'm sorry i'm sorry we're getting some background noise someone is

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shuffling papers or something like that and mr holliman i need you to turn your volume down a

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little bit more I don't know why but it's it's extremely loud on my hand okay

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is that better a little bit more if you could I think so yes it works for me

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Thank you, Chair.

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Tom, do you have any more questions?

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No, thank you, Mr. Chairman.

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All right, thank you.

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We can come back to you.

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Rachel?

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Yeah, I wanted to...

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Please.

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I would like to get the owner on,

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and then we also have uh one of the property owners joe canones uh as well who would like to

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testify and also mr young is available now if you would like

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great would you like first yes let's get let's get mr young on

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mr young please spell your full name i swear you in

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jeffrey young j-e-f-f-e-r-y y-o-u-n-g address is 39

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J-E-F-F-E-R-Y, Y-O-U-N-G. Address is 3900 Ford Road, Suite B, Philadelphia, PA, 19131.

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

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Yes.

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Thank you. Rachel?

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Yeah, Jeff, if you could just share with the chairman and members of the board, I know you did the RCO meeting for this project, so if you could just kind of discuss that a bit.

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And I had mentioned that most of the concerns did not really relate to the parking.

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If you could affirm that and share anything else that you have, that would be great.

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Yes.

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So I represented the developer before the St. Elizabeth's RCO.

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We did have that meeting.

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The meeting was well attended for a community meeting in this neighborhood.

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And the issues, the main issues that were brought up were with neighboring properties, adjoining properties.

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um, regarding, um, uh, ownership of space. Um, there was, uh, some concerns about, um,

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the traffic because of the curb cuts where the, uh, where the bus may be. Um, but, you know,

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as, as mentioned previously, um, you know, buses tend to, uh, ride, uh, slower in this area,

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down 22nd Street because the stops are so frequent.

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So just knowing the neighborhood being a resident of this neighborhood,

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I do know that the traffic congestion is not much of an issue

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