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Hearing video

ZBA Hearing - April 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 8, 20251h 13m

We have a jury. Okay, I will. I'll take her. She actually was the initial one at the first hearing. So this may work out a little bit better as she can adopt that testimony as well as this one, since we never did that. So that's fine.

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They have been promoted to panelists.

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Thank you. Good morning. Are you, are you there?

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I'm sorry, they have to set the panelist's promotion before they can speak.

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Good morning.

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Good morning.

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Could you please state your name and spell for the stenographer?

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Yes, Yorida Hassa, J-O-R-I-D-A, last name H-A-S-A.

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

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Yes.

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Please proceed, counsel.

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Ms. Hasa, did you have an opportunity to listen to my testimony, both at the previous hearing that you attended as well as today?

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Yes, I did hear a little bit, but I just wanted to let you know that Kimmel was not able to be on this meeting today.

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That's fine.

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you're you're you were here on his behalf you're part of the company and that's why you're uh able

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to respond to these questions did you again did you hear what i said earlier today and not everything

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what did you miss um i just heard about uh uh the part uh when you were um like a little bit

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for when you were doing the introduction about uh all right i'm going to ask you a quick question

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we'll get through this quickly did you did you have an opportunity to to hear my testimony

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regarding the um the plans that that we had resubmitted them and that we went in front of

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the community group and that we submitted plan new plans with no basement living i made that

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part i was at the part when you were uh showing the uh zoning uh pictures and uh that the neighbors

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were notified and aware of this meeting today okay all right did you agree

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and aware of this meeting today. Okay. All right. Do you agree that that's an accurate

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testimony that if I were to ask you those? Well, I just asked you those questions. Are those

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the plans that we submitted? Okay. Were they truthful? Yes. Do you adopt them as your own?

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Yes. Okay. Questions or comments from our attorney?

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I just wanted to note for the record that there is one page of revised plans that is being requested if the board approves, and the RCO has requested a proviso for no household living in the basement. Thank you.

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Questions from the audience, the virtual audience?

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I'd say no hands.

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Planning Commission.

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Thank you, Chairman, and good morning. David Fecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location.

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Despite the presence of several duplexes and triplexes, the character of this block face is predominantly single-family.

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There is no unique physical condition or circumstance of this property to prevent it from being used in strict conformity with the zoning code.

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the city planning commission recommends the board deny the proposed use variance for two

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dwelling units thank you mi 2023 005 926 3223 west berg street i vote yes with proviso revised

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plan one page stamped by zba april 8th 2025 no household living in basement

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Cheryl Gaston, my vote is yes

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with proviso

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Tywin, my vote is yes with proviso

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Ishmael Shaheed, my vote is yes

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with proviso

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What are you getting

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missed in Ophamson?

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Yeah, if you won my letter

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thank you

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Thank you

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Thank you, counsel

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May I be excused?

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UK. So number three, MI 2024-004-377-4902 Notch Street. Al Nocklinson is the attorney.

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There's unanimous opposition from Solo Germantown. There's a letter of support from the 12th Ward

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Democratic Committee.

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Counsel, could you please state your name

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and spell for the stenographer?

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And this is a resumptive hearing, by the way.

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Yes, Alan Nockamson, A-L-A-N,

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last name Nockamson, N-O-C-H-U-M-S-O-N.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do.

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Could you identify your client

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or relationship to the property?

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Yes, my client is Warren Realty Holdings, LLC.

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And to the left of me is Siobhan Jackson,

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one of his representatives.

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Okay, so this is a result of hearing.

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Here's our schedule.

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There'll be an update from the applicant

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about the second RCO meeting.

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There'll be questions from the board.

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There'll be public testimony and planning commission.

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And then we will vote.

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Yes, Mr. Chair,

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can I just give a brief synopsis of this matter? You can. What we're seeking here is to put an

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RSA3 property as a triplex. There's two doors in the front of the property where if you looked at

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the floor plans, one door goes to the first floor unit and a lower level unit. The second door goes

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to the second unit, which is on the second floor, and then as well as the third unit on the third

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floor. We met with the community after no vote was taken by the coordinating RCO or the community

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because there was really no one there. We had unanimous support from the community based on

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that meeting. If you saw that letter, I think there was a draftsman error where it said that

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everyone was against it, but it said letter of support. So I confirmed with Charles Richardson,

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who may be here, who saw the vote. I wasn't there for the vote, but the temperature of the room was

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support. There were three nearby neighbors who are all in support of having this as a triplex

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who attended that meeting, one of which I believe actually signed a letter of support, which is in

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the previous materials and the materials that were submitted before this hearing. And it's not

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out of character to have multifamily use nearby. 4901 is three units, 4903 is four units, 4905 is

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three units 4907 history units and 4913 history units so based on the support of the community

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who the people who attended that meeting especially the nearby neighbors

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my understanding also because of the non-opposition of the district council

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My understanding also, because in the non-opposition of the district council member, we would respectfully request the granting of the variances.

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Thank you.

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Questions from the board?

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Questions or comments from our attorney?

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Not at this time, Mr. Chair.

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Question or comments from the virtual audience?

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I see no hands.

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Planning Commission. Thank you, Chairman. Excuse me, Chair, sorry. Mr. Richardson? Yes. Okay.

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They haven't allowed to speak. Mr. Richardson, just for the record, state your name. You've already

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been sworn. Certainly. Charles Richardson, RSEHARD, SO, and Office of Councilwoman Beas.

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The Councilwoman has no opposition to granting the variance. Thank you. Anyone else in the virtual

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audience planning thank you chairman and good morning david fechto with the city planning

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commission chairman and board members the comprehensive plan recommends no change to the

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rsa3 residential single family zoning at this location the proposed uses are consistent with

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documented prior uses the city planning commission recommends the board grant the requested variances

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for three dwelling units and no off-street parking. MI 2024-004-377-4902, Knox Street, I vote yes.

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Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes. Iowyn, my vote is yes.

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Ishmael Shahid, my vote is yes. Thank you. Thank you, counsel.

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Number four, MI 2024, 005-373-38 Jackson Street. Roger Perry is the attorney. This is a resumptive hearing.

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good morning i'm here good morning mr perry could you please state your name and spell for

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the court stenographer yes thank you mr chairman my name is roger perry r-o-g-e-r-p-e-r-r-y

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

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Yes, I do.

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This is a resumptive hearing. Just for the record, could you identify your client?

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Yes, thank you. I represent Frankie's World, which is a nonprofit child care organization with regard to a proposed lease at 38 Jackson Street.

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All right, thank you.

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So this is a resumptive hearing. Here's our schedule.

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There will be an update from the applicant regarding the layout, concerns raised by the board at the prior hearing, questions from the board, public testimony, planning commission, and we have a council member, Squilla, has sent, re-sent the letter of non-opposition.

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So, Mr. Perry, why don't you start?

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If I can share my screen here.

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Okay, is that sharing, I hope?

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can you guys see my screen here yeah we're okay okay i'm just trying to move this over here a

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little bit okay so uh just briefly up to date because i don't know if everybody remembers or

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whatever uh frankie's world uh has been a very significant uh child care uh center in philadelphia

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for over a decade.

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They handle child care

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for children with disabilities.

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They have a, and they still do,

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they're at 10th and popular,

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but they lost their lease

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upon the sale of the building.

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And they conducted a very significant search

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for a space that can handle

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a large number of children in an open space.

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And they found this opportunity

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at 38 Jackson Street.

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At the last meeting, the board asked us for a couple of things, some specific plans, which I'll have here right now, and also some additional photographs and so forth.

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So the first document that I have to show the board is a plan that the architect has done showing how the property is going to be accessed because these are children with disability and often arrive in vehicles.

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Water Street, which is here, this is Jackson Street, 38 Jackson Street.

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This is the property.

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And to the side on I-95, Water Street was closed by the city years ago, and it is closed and incorporated into use by 38 Jackson Street.

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What will happen here is there will be a gate here, and vehicles will be able to come in, turn around, and there is going to be a ramp and a dedicated...

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And vehicles will be able to come in, turn around, and there is going to be a ramp and a dedicated entrance directly into the building at the first floor to allow children, some who may be in wheelchairs, to come into 38 Jackson Street.

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They wanted the board also asked for a representation of what the interior may look like because the property is currently essentially vacant and needs to be completely rehabbed and so forth.

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So the interior, based on what Frankie's World has been operating for 10 years now, is going to have a, and this will be Water Street down here.

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This is Jackson Street over on the left.

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There's a dedicated entrance for the children to come in.

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There would be a dedicated entrance for the staff to come in to administrative offices and so forth.

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And then many areas of classroom.

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They run multiple classrooms, depending on age-related and ability, and also eating areas, and then there'll be offices for staff and separate eating areas, separate bathrooms, and so forth and so on for, you know, disabled, handicapped accessible bathrooms and so forth.

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So this is a proposal, and I'll show you why it's just a proposal, because here, let me see if I can rotate.

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Okay, so the interior is still rough.

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There are some former offices that were set out, but here's what the first floor looks like.

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This is the entrance, I believe, on Water Street.

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um and some of the offices uh were pre-existing but have been uh unused at this point in time

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these will be rehabbed for administrative offices prior office use and so forth so let me go back

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and show you know i think we we went over the mailings and so forth there is a um this is

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immediately adjacent to I-95, and we've agreed to work with Whitman in terms of trying to get

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dedicated parking here. Both Councilman Squilla's office and Whitman have said that there should be

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space available if we can get it assigned as dedicated parking. This is Water Street. This is

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where the turnaround would be and a ramp and a dedicated access. This is what it looks like right

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now where we posted it it's private and part of this 38 jackson street and so forth uh the posting

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postings we reposted for um april the eighth hearing and sent that this is jackson street

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and so forth um i don't think you need all the other the refusal um as we went over at the first

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hearing is because this is in an i2 light industrial or medium industrial district and so

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forth, but the letters that were provided indicate, let me show what we got here, letters of support

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from Whitman Council, Councilman Mark Skogler's office indicating non-opposition, and a description

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from the owners of the building that they asked for, noting that this area and this particular

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property is primarily commercial. There's storage area in there, there's a recording studio on the

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second story, and the adjacent properties are substantially retail, wholesale, commercial

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properties. This is not a heavily used industrial district by any means and so forth.

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So 38 Jackson Street is the landlord here. Frankie's World will be the tenant. We have a

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substantial lease that's already been signed and negotiated to go into effect when we can get the

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zoning approval from the board. And then we already have an architect who's prepared to go

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ahead with the construction plans and so forth with the owner. And this would be all substantially

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rehabbed. I don't think there's any, I mean, obviously it's going to be an improvement,

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a substantial upgrade to the property itself and the area and so forth. And with that, I'll

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pause for a moment, see if there's any questions or any additional information needed. I'm also

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here with, should be here with representatives from Franties, the Lockwoods or whatever,

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to the extent that we need to adopt my testimony. Why don't you bring your client on and adopt your

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testimony? Yeah, could you determine if there's one of the Lockwoods here? Either Paul or Connie

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Lockwood should be here. Paul or Connie, please raise your virtual hand.

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They have been allowed to speak.

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Hi, could you please state your name and spell for the stenographer?

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Hi, can you hear me?

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I can.

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My name is Connie Lockwood, L-O-C-K-W-O-O-D, and I am one of the founding members.

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L-O-C-K-W-O-O-D.

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And I am one of the founding members

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and the board of directors of Frankie's World.

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We've actually been here 19 years.

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Hold on, hold on, hold on a minute.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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Yes, I do.

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Could you turn your video on, please?

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Oh, I'm sorry.

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I thought it was on.

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Please accept the panelists for motion

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to be able to turn your video on.

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