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Hearing video

ZBA Hearing - May 22, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 22, 20244h 46m

four foot setback because the lots are extremely small. The lot is less than 40 feet and it's only

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13 and a half feet wide. And if we're unable to have this particular proposal, it would really

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make the house unfeasible to construct, but I'll walk through the program. This is the refusal,

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as I said, RSA 5 zoning district. The refusal concerns one issue. We have no issues with rear

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yard, height, open space. It's basically if abutting lots on either side of a hatch building

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have two stories on either side, then the project in the middle would have to have the third floor

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set back eight feet. And as I indicated, we're setting our project back four feet.

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You have a letter of support from Centennial Parkside CDC.

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We met with them a couple of weeks ago, and basically they asked us how could we make the property fit more within this historical block.

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So we moved the third floor back four feet.

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We carried the cornice lines across because there are a lot of nice decorative cornices on that block.

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We removed the bays on the second and third floor.

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We made the front elevation all brick.

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We basically mimicked the double-hung windows of the properties that are existing on the block on our project.

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So all of the conditions that Centennial Parkside requested, we were able to meet.

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This is the block.

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You can see there's a number of vacant homes.

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There's a number of lots across the street, and there's a few vacant slots on the opposite side of State Street.

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Looking at the historical records, 1119, that was demolished by the city in 2018 as imminently dangerous, and it has remained unoccupied and vacant since that time.

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This is a view looking down the street.

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You can just see it's a really nice, tight block, really nice cornice work.

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You've got a large double-hung window on the first floor, two double-hungs on the second floor, and there's no third floors at all on the block.

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So this was the first time someone came to the neighbors on this block and said that new construction is warranted, but not a typical two-story.

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Posting of the zoning notices.

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And these are the proviso plans if the board looks favorably.

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And these are the proviso plans if the board looks favorably upon this application.

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And here's the plan.

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So I think best to start here.

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Here's the side view.

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Again, this is a very narrow lot, 39 feet and change.

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And because of that, you have a very shallow structure.

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And also because of the width of the lot, 13-6, by the time you put a staircase in there, which is three feet wide, your whole downstairs is really, really tight.

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Thus the need for additional square footage on the third floor.

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So we do have the third floor setback.

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It's setback four feet, not to where our red line is.

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That's a required eight foot setback.

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And then to the left where my cursor is, is the new elevation.

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A little bit deceiving.

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You know, the third floor is setback.

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That's why I showed you the cross section first.

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First and second floor basically are exact replicas of the other homes on the street.

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two double hungs on the second floor one large window on the first floor and then turn steps i

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just want to go back to some of the photographs you can see on the block some of the steps are

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turned some are straight down from the front door but again two double hung single hung on the first

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floor and a door uh the layout again straightforward in the sense the basement is going to house

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mechanicals. First floor, you can see how the stairs come out about three feet. You have a

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really narrow area here on the first floor, but the living and dining room are going to be toward

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the front. The kitchen is in the rear, basically a galley kitchen along the one wall. Second floor,

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two bedrooms, a bath. Third floor, one bedroom, one bath with access to the rooftop deck. So you

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You have open space in the rear and also access to the rooftop deck.

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The remaining documents are application for appeal, tax clearance, zoning map, again,

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the RSA 5 residential district, the deed indicating my client purchased it in 2021.

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Notice, mailed out 164 letters to all the neighbors within 250 feet as per the Planning

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Commission's recommendation.

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So, in summary, we basically have a duplication of the use of what this property once was, was residential, albeit two-story.

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We're moving up to the third story, not being able to do the second.

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I mean, the third floor with an eight-foot sackback, because it's just not feasible with the small nature of this house, the shallow lot, and the minimum width.

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So, the extra four feet on the second floor really make a difference with this property.

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and we're basically in harmony with the code.

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We're in harmony with what the neighbors want

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and we ask that the board look kindly upon this application.

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Let me bring your client on, Henry.

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Sure.

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Davis, can you unmute yourself for the board?

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Good morning, everyone.

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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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My name is Davis Juzzi.

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D-E-V-I-S, last name Juzy, G-J-U-Z-I.

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

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I do.

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Please proceed, counsel.

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Mr. Juzy, were you on the Zoom call when I presented your project at 1119 State Street?

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Yes, I was.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes, I do.

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Thank you, Mr. Juzy.

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Mr. Clinton, was the four-foot setback suggested by the neighbors?

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I think it was mutual. They wanted eight. We explained to them the depth of the rear yard, and so it was really a compromise worked out between the parties.

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Questions or comments from the board?

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No, Chair.

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No questions, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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questions or comments from the virtual audience. I do not see any further hands. Planning Commission.

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Good morning again, Chair and members of the Board. My name is Michael Gall, Philadelphia City

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Planning Commission. The comprehensive plan recommends no change to the residential single

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family attached zoning at this location. There is no unique physical condition or hardship

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preventing conformance with the dimensional standards of the zoning code in this district.

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Therefore, the Planning Commission recommends that the Board deny the requested dimensional

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variance for third floor setback. Want me to address that Mr. Chairman? Sure. Yeah so we had

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the option of moving the first floor and second floor back what we would have eaten into the rear

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yard. It's only a seven foot rear yard right now. You have a lot that's under 40 feet in depth so

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rather than shrinking the rear yard and the open space it was decided again via compromise to give

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It was decided, again, via compromise, to give a little bit more square footage on the third floor, and that's really the hardship.

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a little bit more square footage.

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Thank you. MI 2024, 000061, 1119 State Street. I vote yes, but proviso, revised plans, one page, stamped by ZBA, May 22, 2024.

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LeVarren Leonard Palmer, my vote is yes, with proviso.

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Bish?

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Bish, no, shaheed, yes.

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You broke up, Bish.

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Can you hear me, sir?

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We hear you now, sir.

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Yes, it's no, shaheed, my vote is yes.

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With proviso, right?

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With proviso.

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Thank you. Thank you, Councilman. You have your votes. Thank you, Mr. Chairman.

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Number 17, MI 2024-000075-1615 North Del Rapp.

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Vernon Alastasio is the attorney.

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I don't have an RCO letter or summary.

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Yeah, an update on that, Mr. Chair.

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We did receive a copy of the letter of support from Fishy Town Neighbors Association.

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They did ask for a proviso so that there would to not have the nightclubs and public entertainment use under the Assembly of Entertainment.

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Thank you.

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Okay, thank you.

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Mr. Anastasio.

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Morning, Mr. Chair.

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Hi.

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You've already been sworn.

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Just state your name for the record, please.

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Yep.

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Vern Anastasio, A-N-A-S-T-A-S-I-O.

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I represent Ms. Bella Strassnick and Mr. Chris Bella.

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Our vice chair has just a few questions.

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Thank you.

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Good morning, counsel.

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Do you agree to weigh the reading or refuse or stipulate to his accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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I have.

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Thank you, counsel.

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Please proceed and share your screen.

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Thank you.

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in addition to fna mr chair i believe the council office was to send a letter of non-opposition as

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well they did they did thank you we uh right here it's it's an industrial site 1615 um north

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delaware avenue we're going to uh i'm submitting a 76 page exhibit binder today

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and let me show you the interior layout um this is going to be a performance space

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uh interactive community space a place where there's workshopping where there are dress

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dressmaking uh seminars where there are community meetings where artists can put on

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art studios and exhibits and shows very much interactive theater so all of those things

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would be this creative collaborative uh sort of um uh collective uh for uh this particular spot

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just uh on the uh you know on the riverfront just east of the fishtown neighbors very few people

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live in the area we were able to scrounge up 14 individual addresses to mail uh but you know

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surprisingly the community meeting was very well attended and we have 25 folks who voted in full

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support of the so it's an overwhelming majority of that so that's the interior i wanted to show you

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some exterior traffic plans we have so that both options here for light and moderate traffic we

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do have a plan in place that will easily bring folks off of Delaware Avenue and out of East

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Susquehanna, both ample. East Susquehanna already has lots of off-street parking here as well,

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so it is auto-oriented in that regard. I'm going to move up here to the refusal itself.

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By the way, just for the sake of discussion, we're moving into evidence, the zoning refusal,

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the photos of the property, the floor plan, and the site plan. We do have the business plan and

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the mission plan of this organization, which is to foster collaborative, creative uses within

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the community. The RCO letter and the proof of the mailing, the poster and the proof of the

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posting. I've already shown you our traffic plan. We have the tax clearance, the commercial lease,

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We have the tax clearance, the commercial lease, overhead views, and, of course, the support letter.

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overhead views, and of course the support.

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So with that, I want to show you.

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And because of the overwhelming support, I don't want to have to beat a dead horse.

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And we'll move on very quickly.

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But the refusal is because this is a formal, formerly industrial commercial mixed use.

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As you know, those uses are hard to come by these days, especially on the waterfront, which is slowly but surely turning to more alternative reuses such as residential, artistic, and the like.

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This plan will be very much like Pier 3, Pier 5 that are embracing the arts and bringing it to the Delaware River waterfront.

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So because we have our substantial support from the immediate neighbors and the RCO, as well as the First District Council, and because as zoned, the use would render the space still inhabitable.

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And for all those reasons, we respectfully request the granting of the variants.

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I would have Bella Strasnick please raise her virtual hand.

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Okay. Baron, do my favor. Could you address the letter from Fishtown neighbors where Hillary talked about no nightclub, et cetera? Could you address that?

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Oh, yeah. No problem. We are, this will never be a nightclub based on, you know, and we're asking that that condition and proviso be attached to that permit.

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There will be no nightclub activities, nothing of the sort, no bouncers, no sorts of third-party promoters, and no cover charge.

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This is not just an open-to-the-public, come-on-and-dance sort of place.

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So if we need to put a proviso on the permit, that there'll be zero nightclub activity, and I think that's the private club activity, and I believe they're the words pursuant to the code, attorney Emerson could weigh in.

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hillary where hillary where is that no nightclub yeah so yeah so so the the language now because

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because as you know um mr anastasia they just they recently changed the code so it would be um

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nightclubs and public entertainment venues use is prohibited so that's that's the new category

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nightclubs and public entertainment venues okay but this this uh space this creative collective

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collaborative space will be open to the public just for the record yes yes no i i understand

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that and it's under the broader assembly and entertainment category understood thank you

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all right bring your client on please thank you mr chair miss bella strasnick could please raise

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her virtual hand. They've been allowed to speak. Can you hear me? We can. Could you please state

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your name and spell it for the court stenographer? Starbella Strasnick, S-T-R-A-Z, like zebra, N-I-K.

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Please proceed, counsel. Thank you, Mr. Chair. Ms. Strasnick, did you hear my presentation to

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the board this morning? Yes. Is it true and accurate to the best of your knowledge? Yes.

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You adopt it as your own testimony.

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Yes.

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Thank you.

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I have nothing further, Mr. Chair.

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Questions or comments from the board?

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No, Chair.

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No questions, Chair.

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Questions or comments from Hillary Emerson, our attorney?

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Just to note for the Chair, in addition to the proviso requested by the RCO, there's an amended refusal in this matter.

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Could you go one more time?

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nightclub and public venue yeah so nightclubs and public entertainment venues and then that's

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a particular use is prohibited okay thank you pursuant to the revised refusal dated 318 mr

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chair yeah thank you um uh questions or comments um from the virtual audience anyone in the virtual

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audience? Mr. Chair, I have a Robert Everett with the hand raised.

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I have allowed him to speak. Good morning, sir. Could you

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please state your name and spell for the court's stenographer? Yes. Good morning,

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everyone. First name is Robert. Last name Everett.

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E-V-E-R-E-T-T. Do you swear

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or affirm to tell the truth, the whole truth, nothing but the truth, Mr. Everett?

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