civus
Hearing video

ZBA Hearing - March 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 9, 20224h 56m

you're saying

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yes

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she's assuming

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that something else

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will be built

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but she's assuming wrong

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from my understanding

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and the law

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the attorney

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can correct me

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if I'm wrong

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we thank you

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for your call

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is there anyone else

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that would like

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to comment on this

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i see no other hands at this time chair planning commission

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thank you chair bergman ian hegarty for the philadelphia city planning commission

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members of the board the comprehensive plan recommends no change from the existing rta1

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zoning district here which for the record allows for two family use on each lot

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the proposed dimensional variance here is minimal and does not conflict with the purpose and spirit

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to the zoning code furthermore um the proposed lot configuration is equivalent both to the other

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lots on this block face and with the prior documented configuration of these lots and so

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the city planning commission recommends that the board grant this variance thank you mi 2021

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0 0 4 5 2 4 4 4 0 west 4 4 0 west queen lane i vote yes carol tenary my vote is yes thomas

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holloman my vote is yes james now my vote is yes ishmael shaheed my vote is yes thank you mr

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clinton thank you mr chairman thanks for letting me uh do this via video and audio i appreciate it

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Is there anyone in the virtual audience whose case has not been heard?

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I see no hands at this time, Chair.

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Thanks, everyone.

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See everyone at 2 o'clock.

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Thank you.

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Bill?

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And we are ready to begin, sir.

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Good afternoon.

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My name is Bill Bergman, and I will be chairing this afternoon's EBA hearings.

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With me is Ismael Shahid, our board secretary.

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Here, Mr. Chair.

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Thank you.

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And Thomas Holliman, our board member.

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Present, Mr. Chairman.

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Also, our executive director, Tanya Sunkit, is here, and our board attorney, Sherman Topkin.

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Good afternoon, Mr. Chair.

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Before we begin, here is our virtual format. Be advised these proceedings are being recorded. By participating, you acknowledge your agreement to be recorded. The video will be available by contacting our Executive Director, TanyaSunkett at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, and if you wish to testify, press star 9 to raise your hand, and then star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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and lastly please note the question answer box on the screen is not for testimony or comments

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any comments should be directed to our executive director tanya sunk so let's look at continuances

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i have no continuance listed is anyone for the 2 p.m list have a continuance

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For the 2 p.m., let's have a continuance.

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Chair, we have Neil Sklaroff with his hand up.

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Chair, we have Nielsen.

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Mr. Sklaroff, you can unmute yourself and wait for the chair.

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Thank you, Ms. Lanket.

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Hi, good afternoon, Mr. Sklaroff.

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Could you spell your name for the court reporter, please?

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Certainly.

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It's Neil, N-E-I-L, Sklaroff.

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S-K-L-A-R-O-F-F.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth sir yes i do go ahead good afternoon mr chairman members of the board

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on behalf of the school district of philadelphia i'm asking for a continuance

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in in the matter of excuse me i'm sorry in the matter of 3201 ryan avenue abraham lincoln high

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School, CBA calendar number MI2022000931. We have a meeting scheduled with the RCO on the 21st of

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March, and they have asked us to ask for this continuance, and we would hope to be listed as

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soon after March 21st, as is practicable. We don't think our application, which is

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very minor in substance, will take very long. Mr. Clarice, thank you. We will continue it,

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and our executive director will look for a date for you. Thank you, sir.

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Thank you very much. Anyone else with a continuance?

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chair i see no hands up at this time okay

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uh i have one mi 2021 004984 1932 moore street that's withdrawn that's a withdrawal

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And I have one add-on today. MI 2021-004832-3135-49 West Montgomery Avenue. That will be continued for one week. The vote on that, as we're working with L and I about an issue relative to that. Thank you.

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now we'll go to our regular list

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case number one mi 2021 003720 1436 south 12th street

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passion square civic association letter of opposition rachel pritzker attorney

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Chair, Ms. Pritzker is coming back in

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as a panelist now

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Good afternoon

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Could you state your name and spell for the

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court reporter please

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Yep, Rachel, R-A-C-H-A-E-L

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Pritzker, P-R-I-T-Z-K-E-R

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1521 Locust Street, Suite 605

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philadelphia pa 19102 right you swear for him to tell the truth the whole truth is nothing but the

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truth yes mr hallman has a few questions for you good afternoon counselor do you agree to waive the

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reading of the refusal and stipulate to his accuracy yes according to our records you have

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submitted all of the required documents is that correct yes please proceed i just want to make a

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quick correction chairman we have a letter of support um from past young civic association

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and we also have a letter of support from councilman squilla so i'm not sure if you have

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that's great i don't i don't know how that got on the list but that was on the list but thank you

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very much yep so this is the subject property right here this is uh 1436 south 12th street

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as you can see it's a very large corner property it's about uh the building is actually about 30

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150 square feet, and the lot is about 1206, which is much larger than the 960 required for single

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family. This is an existing, longstanding, non-conforming use. The interior of this

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building is already built out as multifamily. It has been for probably 40 plus years. My clients

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are the current purchasers. We have the property under agreement currently. They're the equitable

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owners and so we're working through the legalization of this in order for them to

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actually close on the property as i had advised them obviously to make sure that this is legalized

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zoning and from a building code perspective before they purchase anything

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basically we went through the process given the existing non-conformity

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um and just bring up uh we met with uh the past young square civic association who voted nine to

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and just bring up we met with

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zero and non-opposition um we originally had applied for four units which is what's currently

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in the building um and also accessory off-street parking as uh the site has a garage on the

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side of it, as I'll just show you, that had been utilized for off-street parking or for storage.

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However, when meeting with the Civic Association, they had asked us to remove the accessory parking

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space, just use the garage for trash and garbage removal, and also to limit the multifamily from

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four units to three units which we would agree via proviso we do have revised plans but given

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this is an existing structure we don't have like typical plans as we're not adding on to the

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building and so we're willing to do that via proviso with three units with no accessory off

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street parking space just to quickly touch on also have councilman mark squilla's letter of

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non-opposition as well for this project given the provisos that we agreed to and lastly just to go

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over the hardship argument for this project as you can see from this these photos it's a very

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large large property 3,150 square feet in order to convert this into a single family per the code

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as the base zoning is RSA 5 we've had to demo like demolition and the entire interior reconfigure

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the entire interior of this old building and it would probably be one of the largest if not the

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largest single family home in this neighborhood. Additionally the multi-family is not out of

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character. Not only again are we looking to have this legalized but there are directly adjacent

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structures. 1410 South 12th which received a variance from this board for four units. 1430

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South 12th which received a variance for duplex from this board. 1434 South 12th also received a

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variance from this board for two units. And there's a whole list of others in addition to

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some other properties on the corner, similar to this being zoned in the CMXs, making it that

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multifamily on corners is not uncommon. Again, we're just looking to legalize the existing use,

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three units, no accessory off-street parking, and happy to go through the plans if the board

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is interested in seeing them. Why don't you have your client adopt your testimony?

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sure is there um an alexia or uh avi

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lexi or avi okay you're an officer of the court the testimony is fine thank you questions from

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the board no mr chairman no mr chairman question or comments from the virtual audience

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planning commission good afternoon chair bergman david vecto f e c t e a u with the city planning

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commission you swear from the tell the truth the whole truth and nothing but the truth yes sir i

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do proceed thank you sir mr chairman members of the board the comprehensive plan recommends no

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change the residential single family zoning for this parcel however given that this is a

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legalization of a long-standing use and the reduction in the proposed number of units from

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four to three the city planning commission recommends the board grant the use variance

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limited to a maximum of three units mi 2021 003720 1436 south 12th street i rec i vote yes

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with proviso three units no off-street parking uh thomas holliman my vote is yes we provide so

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yes we provide thank you counselor thank you mi 2021 004976 161 the 71 west allegheny avenue

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RCO, HACE, letter of support, Jarrett Klein.

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Mr. Klein?

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There he is.

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The board.

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Could you state your name and spell for the court reporter, please?

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Certainly. It's Jared, J-A-R-E-D, last name is Kline, K-L-E-I-N, with Blank Rome, 130 North 18th Street, Philadelphia.

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Certainly. It's Jared, J-A-R-E-D. Last name is Klein, K-L-E-I-N.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Mr. Holliman has a few questions for you.

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Good afternoon, Counselor.

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Good afternoon, Mr. Holliman.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes, I do.

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according to our records you have submitted all of the required documents is that correct

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yes sir it is please proceed thank you I'll share my screen make sure everybody can see that

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this is a fairly uncomplicated application and it should be a pretty quick presentation

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161 West Allegheny Avenue is is currently the home to Asay's offices and the reason this

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application was filed was for some identification signage for the office as the design of the

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building mimics a residential uh building and so people who were visiting the site for office use

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were experiencing some difficulty knowing that it was uh the location of of assay's offices

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so the only refusal that we have uh is because the proposed wall sign doesn't comply with the

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height requirements of the I-2 zoning district. Again, the property is zoned industrial, but is

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used for office purposes for ASE. Just to contextualize the location for the board,

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this is our property here. You can see we're in this cluster of I-2 buildings, but surrounding

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us is primarily multifamily residential and some commercial mixed use. Here's the property here.

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and a closer shot of the building as the board can see it does mimic a residential apartment

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building and there's no exterior signage in the building to let anybody know that this is

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an office-based use so the application is fairly straightforward over here is the proposed sign

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as you can see it's a it's an acrylic logo sign that will be backlit and the refusal was because

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it's located high enough off the ground to generate a refusal on the I-2, but this sign

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here is all that we're talking about. It's a logo and identification sign for the ASAI offices.

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As the chair mentioned, we did get a letter from the Civic Association, and I have it

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here on the screen. The meeting was held February 9th, and everybody who attended was in support of

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the application. And you can see in the little summary that they provided the community association

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and the members agreed with us that they know people who had challenges identified in the

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offices because of the residential style and that the signage was appropriate for that purpose.

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I will ask if Maria Gonzalez can raise her virtual hand so she might adopt my testimony.

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Then we can answer any follow-up questions that the board may have.

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maria gonzalez you can unmute yourself or wait for

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hello can you hear me yes could you state your name and spell for the court reporter

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yes maria gonzalez m-a-r-i-a gonzalez g-o-n-z-a-l-e-z i'm the president of base

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which is a development corporation in eastern north philadelphia right do you swear or firm

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to tell the truth the whole truth nothing but the truth yes i do proceed

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Thank you. Maria, did you have a chance to hear my brief presentation this afternoon?

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Yes, I did. Thank you so much, Jared.

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Sure. And do you adopt my statements as your own testimony as if you've been given the chance to speak yourself?

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Yes, I do.

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Thank you very much. If the board has any questions, we're here.

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Questions from the board?

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No, Mr. Chair.

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Questions from the virtual audience or comments?

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Chair, we have Sloan Fulks with his hand up. Mr. Fulks, you can unmute yourself or wait for the chair.

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Good afternoon, Mr. Fulks. State your name and spell it for the court reporter.

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Good afternoon, Chairman Bergman, TBA Board. My name is Sloan Fulks, S-L-O-A-N-E-F-S,

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FIRE, O-L-K-S, representing Councilmember Maria Quinone Sanchez, 7th District, Room 508, City Hall.

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

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I do, sir. Thank you. Sure. The applicant having met with the coordinating RCO and receiving a letter of support, the Councilwoman has no opposition to this various request. Thank you.

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Thank you very much, Mr. Folks. Anyone else in the virtual audience have a comment? Planning Commission.

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good afternoon chair bergman david vecto city planning commission mr chairman members of the

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board the comprehensive plan recommends this property for residential multi-family zoning

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