civus
Hearing video

ZBA Hearing - November 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20226h 28m

The first floor, it's fully accessible, there's a wheelchair lift there, the showers are accessible

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for wheelchairs, everything is wide enough for handicapped access.

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and then on the upper floors again slightly larger one bedroom units as well

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when you look to the renderings we have all brick facades

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another additional bicycle parking out front there is bicycle parking inside the building

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as well as required by the code again the facade similar height to the properties near us

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trash storage area in the rear a fenced in rear yard with a zoning compliant fence

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excuse me and the property basically conforms to the neighboring properties in terms of lot coverage

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and other dimensional requirements it meets the height requirement for the area

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again we're seeking this adjustment to the zoning to allow us to develop the greater number of

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units that is permitted because the neighbor said that there is a lack of one bedroom studio units

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in the area and there is a lack of accessible units in the area so it fills a need it's what

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was requested at two separate rco meetings and several other meetings and we also have

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um again the next door the immediate neighbor at 713 west cumberland street sent a letter saying

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they're in full support of the project and we also have an additional petition from several other

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nearby neighbors as well so um again uh this excuse me this will be a modern building with

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modern conveniences, washer, dishwasher, washer, dryer, air conditioning. It will have sprinklers,

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hardwired systems, et cetera, making it a safer building than many of the older buildings in

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the community. It will allow for the development of this property, reducing the likelihood of

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things like illegal dumping. There's a large school across the street from it. The variances

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will not, the variances, if granted, would not adversely impact light and air to neighboring

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properties uh will not overburden public facilities this is a multi-family zoning class

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the variances will be the minimum required to develop the property

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with that mr chairman i would like to call him robert sherman sure

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mr sherman could you please i'm sorry i go name and spell for the court reporter please

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robert sherman r-o-b-e-r-t s-h-e-r-m-a-n right you swear for him to tell the truth the whole

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truth nothing but the truth i do proceed counsel thank you mr chairman robert did you did you hear

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my statements? Are they true and correct? They are. And in developing this project, did you

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seek and request and receive input from the nearby residents? Yes, we work closely with

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the community. And finally, do you adopt my statements as your testimony? I do. I have

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no further questions for Mr. Sherman, Mr. Chairman. Questions from the board? No, Mr.

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no mr chairman no mr chairman questions or comments from the virtual audience

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i see no hands here planning commission

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thank you chair sarah bond philadelphia city planning commission the proposed variance is

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not necessary to enable viable economic use of this property therefore the city planning

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commission recommends that the zoning board deny the variance thank you hillary was there

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was there any uh provisos with this did i hear an amended there was an amended refusal mr chairman

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we need does that have to be in there hillary or no um yes i did not realize there was an amended

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refusal it was dated september 20th ms emerson okay so then if if this is being granted it does

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It needs to be per the amended refusal dated September 20th, 2022.

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So MI 2022-003-750-715 West Cumberland Street, I vote yes proviso per amended refusal 9-20-22.

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I vote yes proviso for amended refusal 9-20-22.

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Carol Tineri, my vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.

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

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Thank you. Thank you.

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So, number four, MI-2022-004-238-8445 Frankfurt Avenue. Melanie Lacey is the attorney. Letter of support from the Upper Holmesburg Civic Association with a proviso recommended.

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Ms. Lacey is coming back in as a panelist.

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okay good afternoon mr chairman members of the board

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hi counsel could you state your name and spell for the court reporter

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lacey that's m-e-l-a-n-i-e last name l-a-c-e-y right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth yes i do could you identify your client and their

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relationship to the property? I represent the owner. That's North City Development Co.

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And I'm accompanied by Paul So, who's a member of that owner entity, as well as Troy Seggers,

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representative for the tenant for Zennius Dialysis Center. Okay. Our vice chair has a few questions.

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Hi, good afternoon. Do you agree to wait the reading of the refusal and stipulate to its

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accuracy? I do. Have you emailed the exhibit packet with proof of the ownership, tax compliance,

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a copy of the refusal or referral photos under plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter yes to all of the above

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okay great you may proceed and begin to share your screen thank you

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can you see my screen

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yes wonderful all right can you make it a little bit larger

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okay so we met with upper holmesburg civic association on september 15th they submitted

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a letter of support dated september 23rd which i'm displaying here as you can see 28 attendees

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voted in favor of the application whereas no one voted in opposition and this is an application of

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appeal to allow a dialysis center in the Holmesburg Shopping Center located at 8445 Frankfurt Avenue.

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The property is on CA2, and we're here because it falls within the Northeast Overlay District.

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That district requires ZBA approval for all medical office uses, and as you can see,

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there are no other reasons for this notice of refusal.

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So the shopping center is bound by Frankfurt Avenue at the front, Walker Street at the rear,

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Blackiston Street, and Ash Brummer Street. And Fresenius will be the new tenant of the vacant

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commercial space that was previously leased by Rite Aid, which is located between Advanced Auto

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Parts and Dollar General. And here are some photos of the property and surrounding area.

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I think my computer is freezing. Hold on. Okay.

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And for context, Fresenius is an established international company with 36 clinics in the

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greater Philadelphia area and five clinics here in the city. They're seeking to open this new

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location to serve the Northeast because the closest location in West Kensington is close

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to maximum capacity. So this is particularly important because dialysis is a life-preserving

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treatment, and patients who don't have access to these centers can't get discharged to outpatient

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care and must rely on hospital treatment. Therefore, Presenius will be an asset to the

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community and filling a gap in local treatment options. That more or less summarizes the

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presentation. We'd be happy to address any questions that you may have, but I conclude by

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saying that it meets the standards for variance relief because the dialysis center will occupy

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an existing commercial space. There won't be any increase in congestion in public streets. There

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is adequate parking to accommodate the service. The proposed use and hours of operations are

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consistent with the surrounding tenants along Frankfurt Avenue. And lastly, the applicant

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specialization in only every once in a while you freeze up oh really you just you freeze up and

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you stop so are you hearing me we hear you now we didn't hear you but yeah we hear you now

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We hear you now.

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We didn't hear you in a couple minutes, but we hear you now.

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did you hear my conclusion

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Did you hear my conclusion?

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How about, would you want to have the owner or your client adopt your testimony?

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Sure.

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So can the panel please, can you please promote Paul So, that's spelled S-E-O, to the panel?

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Mr. So, please unmute yourself.

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You're free to speak.

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hi can everyone hear me yes could you state your name please and spell for the court reporter

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of course my name is paul so uh last name s as in sam e o right do you swear or affirm to tell

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the truth the whole truth and nothing but the truth yes proceed counsel uh hi paul did you

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hear my testimony it sounds like some of it might have um froze out but uh we we have we had most of

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But, Melody, we saw when you froze a few times, but we're good.

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All right.

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Did you see the testimony that I provided to the board this afternoon?

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I did.

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And do you affirm that my presentation was accurate?

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I do.

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And do you adopt the testimony as your own?

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Yes.

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Great.

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Thank you.

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Melody, before I put this out to questions, I noticed the Upper Holmesburg Civic Association

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at Proviso, use limited to an outpatient dialysis facility.

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Is that okay?

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uh that is that is okay okay questions from the board no mr mr chairman no mr chairman

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questions or comments from the virtual audience

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i see no hands chair planning commission

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thank you chair sarah bond philadelphia city planning commission

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The proposed use will not cause detrimental impacts to the neighborhood beyond what normally might be expected.

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Therefore, the Philadelphia City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you.

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MI 2022-004-238-8445 Frankfurt Avenue, I vote yes, proviso.

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Use limited to an outpatient dialysis facility.

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Carol Tenere, my vote is yes with proviso.

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Thomas Holloman my vote is yes with proviso James Snell my vote is yes with proviso

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thank you counsel thank you

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number five MI 2022 003 978 2253 Ingersoll Street

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murder fellow is the attorney when she gets on i'm going to talk about i'm going to read

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into the record seven cases and we'll hear them all at once

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okay and mr chair these will be the ones yes it is it is yes okay

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and just to clarify for the record mr chair um mr shaheed is recusing himself

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from the set of cases that Ms. Verlinger is presenting.

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Okay.

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Good afternoon.

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If the administrator could also promote Darwin Beauvais as a panelist,

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he's going to be joining me today.

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Okay.

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Mr. Beauvais.

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Mr. Beauvais is coming back in as a panelist.

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he could be promoted to panelists okay thank you

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all right could you state your name and spell for the court reporter please

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Sure. Meredith Verlager, F-E-R-L-E-G-E-R, Dilworth-Paxson, 1500 Market Street, Suite 3500E.

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Right. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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I sure do.

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Mr. Beauvais?

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Well, we can move along without him, and if he's able to get in, we'll go back.

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I'm going to read them all into the record, and I understand you're going to have an opening statement, right?

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That's correct.

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This is case versus case number five is MI 2022-00-3978-2253 Inglesall Street.

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Number six, MI 2022-00.

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MI-2022-004-682-2038 Ridge Avenue.

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Number seven, MI-2022-004-845-2000 Ridge Avenue.

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Number nine on my list, MI-2022-004-228-2016 Ridge Avenue.

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number 10 on my list mi2022 004649 2042 to 44 ridge avenue number 11 on my list mi2022

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004874 2414 nassau street nassau street and number 15 on my list

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MI-2022-003-749, no, I'm sorry, wrong one, here it is, number 15, MI-2022-004-920-1409-North 21st Street, that's all the cases.

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My understanding, your client is the Philadelphia Housing Authority?

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our client is penrose um and okay okay all right i'll explain the relationship all right so so

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first our vice chair has a few questions for you hey meredith do you agree to leave the reading of

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the refusals and stipulate to their accuracies on all of the cases yes with the exception of

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1409 north 21st street there are two errors on that refusal which i will address in our presentation

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Okay, and that is number 15, whatever number it is.

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Okay, have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, for all of the cases.

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Okay, great. You may proceed and begin with sharing your screen.

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Thank you. And Mr. Chairman, while I share my screen, I see that Darwin is now in, if you'd like to swear him in while I share my screen.

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I most certainly would like to do that.

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Mr. Beauvais, could you state your name and spell for the court reporter?

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Darwin Beauvais. That's Darwin, D-A-R-W-I-N.

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Beauvais is B as in boy, E-A-U, V as in victory, A-I-S, as in stam.

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I'm at 1500 Market Street, and I'm with the law firm of Dilworth Paxson, representing Penrose, who is the applicant in this matter.

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

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That's all I do, so that is in the firm.

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Thank you.

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Thank you.

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Good afternoon, Mr. Chairman, members of the board.

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Again, Meredith Verliger and Darwin Beauvais with Dilworth Paxson.

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We're here today representing Penrose.

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Now, the property owner is the Philadelphia Housing Authority, who entered into a master redevelopment agreement with Hunt Development Group, LLC.

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In 2017, Penrose became a member of the Hunt family of companies after they successfully closed on a strategic alliance, whereby Hunt acquired a minority interest in Penrose.

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Now, as a part of that transaction, Hunt secured a long-term interest in Penrose's future development activities, while Penrose assumed responsibility and oversight for a substantial portfolio of the projects in Hunt's pipeline.

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So that explains the connection between Penrose and the property owner, PHA.

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Our architect on all of these cases is Wallace Roberts and Todd, and the civil team is Mid-Atlantic Engineering Partners.

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do have representatives from both the architecture firm and the engineering firm if there's any

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detail questions that we do not address in our presentation today.

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I'll start like you suggested with an introductory statement and then we can move along to each

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individual property. So as the board knows this concerns seven addresses on your list today.

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I'll first give an overall introduction and then from there at the board's discretion I might

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suggest that the board hear from the council president's office. I understand that Kareem

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Grooms is waiting in the virtual audience and that his statement would cover the project

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overall. So when I conclude my introductory statement if the board would like it might make

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So when I conclude my introductory statement, if the board would like, it might make sense to let him jump on and give the council president's take on the projects.

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make sense.

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The proposal before the board today is being pursued by Penrose and represents phase three of the sweeping redevelopment of the Sharswood-Blumberg neighborhood.

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The board has heard similar variance requests for several prior phases of this exciting revitalization proposal.

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This project has received expressions of support from the City Planning Commission,

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as well as received a letter of non-opposition from the Coordinating RCO Brewery Town Sharswood

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Community Civic Association. I submitted to the board individual and lengthy exhibit packets

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for each of the proposed applications. Given the length of the exhibit packets, I've also prepared

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a separate presentation that's up on the screen that will be slightly easier to walk you through.

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However, please note that the full exhibit packets include all of the required documentation

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