civus
Hearing video

ZBA Hearing - June 30, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 30, 20217h 12m

going to call forward April Dotarive from SBT just to affirm my testimony. So April, if you could just

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raise your hand so that you could be sworn in. Hello. Ma'am, please identify yourself for the

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record. April Deltrieve. Spell your last name. D as in David. A-U-T-E-R-I-V-E. Thank you. So

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are firm to tell the truth, the whole truth, for nothing but the truth? Yes, sir. Thank you.

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Please proceed. April, have you had a chance to hear my testimony this afternoon?

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Yes, I have.

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And was everything that I said true and accurate?

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Yes.

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And is there anything that you would like to add?

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No.

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Do you adopt my testimony as your own?

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Yes, I do.

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Thank you.

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Okay.

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Anyone else that would like to speak in this matter?

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No further answer this time, Mr. Chair.

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Thank you.

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Board has any questions?

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No.

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Chair Peter Bernard for the Planning Commission.

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This property is indicated for single-family residential in the comprehensive plan.

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We feel the applicant has demonstrated sufficient hardship and the variance is the minimum necessary.

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Accordingly, we have no objection to the granting of the variance.

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Thank you.

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calendar number mi 2021-001276 5100 lebanon avenue my vote is yes my vote is yes my vote

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is yes thank you thank you everyone look mi 2021-001275 6742 through 46 north fifth street

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Mr. Plaza, in the notes that you have, it says that we did not receive an RCO letter.

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We did receive one today.

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It's in support with a number of provisos, but the provisos aren't enforceable and would

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be better included in a private agreement.

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Awesome.

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Thank you.

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is this a girl miss a boss the tune is you and mr gussel miss augusta o'neill has her hand

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to raise again yes thank you mother of the panelists again

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miss o'neill you're coming back as a panelist

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sorry i shouldn't have jumped off so quickly um uh do you need me to repeat the spelling of my

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name again yes please sure the first name is augusta a-u-g-u-s-t-a last name is spelled o

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apostrophe n-e-i-l-l thank you and you still on the roof uh do you agree to wait the reading of

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its refusal and stipulate to accuracy? I do. And have you emailed an exhibit packet with the

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required documents, proof of ownership, proof of tax compliance, copy of the refusal, overfill,

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photos and plans five days prior to this hearing? Yes, to all of the above. Thank you. And we did

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receive the letter of the RCO. Please proceed. Sure. Thank you again. I'm here this afternoon

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on this application representing SEMA's sign company. We were actually here a few weeks ago

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on a similar application just because Rite Aid has been updating the signage that they have on

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stores in the city from the old blue and white signage that most of us are probably familiar with

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to the more modern design for signage which is green blue and white. I'll just share my screen

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so that you can see what I'm referring to. So this is kind of this is what the old kind of color

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scheme for the Rated signage looks like. Here's the updated modern signage. From the zoning history,

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it appears that this particular store has been in its location since about 1974. The property

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has always been zoned residential. It's now zoned RSA 2, so we're very limited with the amount of

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signage that we can actually have in this district. We're only permitted 15 square feet on each

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frontage and we're proposing 131.5 square feet along each frontage. The signage that was the

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subject of the refusal can be seen in your packages at pages 24 and 26.

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And 26. So this just shows one of the elevations of the store. And on the opposite elevation, it's the exact same change. It's just, again, updating that older looking signage to something more modern and, you know, cleaning up the building.

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So this just shows the one of the elevations.

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We did meet with the RCO for this property, the Oak Lane Community Action Association.

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We met with them back on April 19th of 2021. And at the time of that meeting,

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we didn't hear any complaints or critiques necessarily about the signage, but the neighbors

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did raise some concerns related to landscaping and store cleanliness. So even though the concerns

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that we received weren't related to the zoning application that we were presenting to them,

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We did take a lot of time in the past two and a half months to speak to the RCO and members of their committees to address the landscaping issues.

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We've had numerous phone calls with Ms. Freda Williams of the RCO to, again, discuss the concerns that she had related to some staffing at the store, cleanliness, some trash issues.

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and we've made some significant improvements to the landscaping at the store. As I mentioned

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earlier, the members of the beautification committee met with a representative from Rite Aid

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and they toured the property. And Rite Aid has spent quite a bit of money to update that

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landscaping. We were presented with an agreement from the RCO that they had asked us to enter into

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regarding some of the employment concerns that they had at the store, but we explained to them

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as a publicly traded corporation, it wasn't going to be possible for Rite Aid to enter into an

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agreement with some of the requests that were being made in that agreement that was presented

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to us by OLCA. I don't want to take up any more of the board's time discussing the non-zoning

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related issues that were involved in this case, but I would like to call forward my client at

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this time to just, um, adopt my testimony. So Jerry Canavan, could you raise your hand?

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I'm about to speak. Thank you. Okay. Uh, sir, can you please identify yourself?

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Yeah, the name is Jerry Canavan.

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I work with SEMA Network.

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Can you spell your first and last name?

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Yeah, first name J-E-R-R-Y.

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Last name C-A-N-A-V, as in Victor, A-N.

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You serve from itself the truth, the whole truth, for nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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uh mr canavan had have you had a chance to hear my testimony this afternoon i did yes and was

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everything that i represented to the board true and accurate uh yes and did you have anything that

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you wanted to add um no no no no okay yeah the only thing i would add uh you know with uh the uh

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the large warnings that you know were prevalent at this type of right aid store you know throughout

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Philadelphia, you know, they're being taken down. The signs that are being put up are a lot less

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massive. They do not illuminate as brightly at night. You know, it's a much more conservative

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look. And all the testimony that I previously gave to the board, would you like to adopt it

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as your own? Yes. Thank you. Mr. Chair, I would just like to reserve if there's some time after,

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I think there's some members of the community that wanted to speak, so if there's anything

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that they raise, I would like just to be given the opportunity to address it.

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Okay.

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Does the board have any questions?

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No.

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No.

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Thank you.

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Anyone else that would like to speak in this matter?

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Mr. Closet, there's a Hillary Anderson.

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Your hand is raised.

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I will allow to speak at this time.

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Thank you.

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uh good afternoon mr chair members of the board

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you kind of broke up uh the beginning of your person last name sure sorry this is hillary

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emerson on behalf of councilwoman sherelle parker first name is h-i-l-a-r-y last name is e-m-e-r-s-o-n

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Thank you, sir, for telling the truth, the whole truth, for nothing but the truth.

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Yes.

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Please proceed.

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Okay, thank you.

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So I just want to start by thanking the counsel for the applicant for acknowledging that there were concerns raised at the RCO meeting regarding the cleanliness and maintenance.

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at the RCO meeting regarding the cleanliness and maintenance of the exterior of the Rite Aid.

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Neighbors were pretty adamant at the meeting about the issues that they saw in the parking

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lot, the landscaping, the trash perceptible by the entrance to the building. The councilwoman

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does not have an objection to the variants requested for the signage at this location.

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However, she would like to see a continued commitment by Rite Aid to maintaining the

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exterior of the property. We understand that some improvements have been made, but I just

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got an email from a community member who said she was there today and the trash cans were

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overflowing again. So we think it's important that Rite Aid do commit ideally in writing to

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maintaining the property and also to ensuring that the community organization has a way to reach

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the manager once the new manager is appointed for the store. Thank you. Thank you. Anyone else?

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sir we have a uh a caller whose number is ending in 8568 i can allow them to speak at this time

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thank you

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phone caller unmute yourself hello yes please identify yourself okay my name is sandra camacho

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S-A-N-D-R-A

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Last name Camacho

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C-A-M-A-C-H-O

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Your address?

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517 West Shelton

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C-H-E-L-T-E-N

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Avenue

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19126

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You saw

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our firm tell the truth

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about the truth?

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I do.

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Thank you. Please proceed.

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Yes. My concern

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is again about

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the trash can that's outside

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the door that is

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filled to the brim

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and bees

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and all kind of insects

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are over this trash

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And at our last meeting, we asked that they at least put a larger receptor, you know, trash can out there. All they did was move the trash can from one area to slightly now in front of the door.

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so we still want a larger trash can and we want it moved away from the door because

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you know for people can get a bee sting or anything like that the trash needs to be

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moved away from the door and we need a larger trash can place there

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Ms. Camacho a larger trash can has been ordered as a result of the community meeting that we had

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I don't know that it's been installed at the store yet, but the construction manager for Rite Aid was actually at the store this afternoon at 2 o'clock, and it's my understanding that the trash can was empty at that time.

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Okay, but the trash can has not been replaced. It's still a smaller one.

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Right. It was ordered very recently, and a new trash can will be at the store.

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Thank you. Anyone else?

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No further hands at this time, Mr. Chair.

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Thank you.

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Planning Commission.

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Good afternoon, Chair.

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Peter Bernard for the Planning Commission.

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This property is indicated for commercial mixed use in the comprehensive plan and has

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not yet been remapped.

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The proposal is to replace existing signage with new branding for a long-standing use.

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Accordingly, we have no objection to the granting of the variance.

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Thank you. Calendar number MI 2021-001-275-6742-46 North 5th Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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Good luck.

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Thank you so much.

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Thank you. Calendar number MI 2021-002-090-1642 Pine Street.

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Mr. Laver has been promoted to panelists.

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and promoted to panelists.

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Thank you.

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

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Adam Laver of Blank Rome, 1 Logan Square, L-A-V as in Victor, E-R.

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Thank you.

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You so are firm to tell the truth, the whole truth for nothing but the truth?

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Yes, I do, Mr. Chairman.

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Can you agree to waive the reading of its refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance,

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copy of the refusal or referral folders and plans five days prior to this hearing?

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Yes, Mr. Chairman, I have.

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Have you met with the RCO and have a letter?

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Yes, we have a letter of non-opposition from the Center City Residents Association

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and many, many letters of support from your neighbors.

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Thank you. Please proceed.

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Thank you.

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Mr. Chairman, members of the board, I'm here this afternoon on behalf of Deborah and Robert Fleischman, the owners of 1642 Pine Street.

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You can see the front of their property on the screen before you with the zoning poster refusals on the green door.

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Mr. and Mrs. Fleischman have lived in Center City for their adult lives.

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They moved from another Center City residence to 1642 Pine Street in 1998, and they raised their three children at this location.

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The single-family property fronts on Pine, and it runs through to Waverly at the rear or the south.

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here's another photograph of pine street here is uh the rear uh elevation existing with the

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white garage door along waverly it is somewhat ironic um and uh chilling actually to be presenting

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this case to you today in the midst of the awful tragedy in Florida with the condominium residents

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that we all know about. Why do I bring this up? On March 7th of 2020, thankfully, Debbie and Bob

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were not at home when part of their property collapsed. And it collapsed due to excavation

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and construction next door at 1640 Pine Street.

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You can see the scaffolding actually along Waverly

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here in the photograph to the right or to the east.

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