civus
Hearing video

ZBA Hearing - November 30, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 30, 20224h 34m

has been vacant if you flip through the historic imagery since at least 1996.

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So I believe that over most of that time, it's been owned by public-related entities.

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uh uh well it looks here that that's been the case since 2005 um the city or its uh related

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entities have had no success getting this property developed uh as a double wide lot so what that

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says to me is that um we need to to subdivide this to fit the fabric of the neighborhood

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in order for a um in order for the market to want to build something here um you know that's

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a very good reason to grant a variance under hardship law. The current shape of the property

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is not viable. It's not developable. And that's because nobody needs or wants a double-wide home

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here for the construction price. Beyond that, I think that I will rest. And Justin Veazey is

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the gentleman from BBG Property who would be adopting my testimony. Hi. Justin, could you

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state your name and spell for the court reporter?

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So it's

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Justin Veazey, J-U-S-T-I-N

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V-E-A-S-E-Y. Right.

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Do you swear for him to tell the truth, the whole truth

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and nothing but the truth? I do.

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Proceed, counsel. Thank you, Mr.

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Chair. Justin, did

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you hear the full extent of my

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testimony in this case today?

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yes and was it true and accurate to the best of your knowledge yes um and would you therefore

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Yes. And was it true

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and accurate to the best of your knowledge?

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adopt it as if it were your own testimony yes okay thank you thank you questions from the board

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no mr chair questions or comments from the virtual audience

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i see no answer mr chair planning commission

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Thank you, Chair. Sarah Bond, City Planning Commission, SARAHBANH. The proposed dimensions are consistent with nearby properties. The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you. MI-2022-005-283-4032 Cancel Street. I vote yes with proviso. Revised plans, three pages, stamped by ZBA, November 30, 2022.

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Carol Tenere, my vote is yes with proviso.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, yes with proviso.

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ishmael shaheed yes we're proviso thank you counsel thank you all thank you number five

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mi-2022-004-586-7111 germantown avenue steve masters is the attorney letter of support from

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east mount airy neighbors councilwoman bass has no opposition

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still waiting for a tax clearance

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mr masters yes good morning mr chair members of the board

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steve masters s-t-e-v-e m-a-s-t-e-r-s i'm with the law firm of just laws and i represent philly

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office retail the property owner in this matter do you swear a firm to tell the truth the whole

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truth and nothing but the truth? I do. Our vice chair has just a few questions.

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Mr. Masters, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal

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referral, photos and or plans of the property five days in advance of this hearing? And have

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you met with the RCO and do you have a letter? Yes, to all of your questions. Okay, great.

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you may proceed and begin by sharing the screen.

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Mr. Masters, is the tax clearance?

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Yes, I wanted to address the tax clearance.

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We are in the process of getting it,

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but we do not have it at the moment.

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Okay, thank you.

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All right.

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All right.

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we are here today on 7111 Germantown Avenue. This is the second time that this project has been

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before the board. In our first appearance earlier this year, the board approved a special exception

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for the Lantern Theater Company to occupy the vacant church sanctuary building. And this time,

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we are here for a single dimensional variance for our lot adjustment to basically subdivide and

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separate out the Lantern Theater Company's structure from the remaining portions of the lot.

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There won't be any physical changes to any structure with the granting of this subdivision.

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The property will look exactly the same. It is a non-conforming property. It was built

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in the turn of the last centuries before our zoning code and as we'll see in a moment

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there is a a rear yard setback that that is not in compliance with the current zoning for cmx2

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the refusal here is a fairly technical one and it's so parcel b is the one that where the lantern

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theater company is going to operate out of. And as I'll show you in a moment, it used to be

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the whole structure was one single detached structure. Now with this subdivision, it becomes

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two semi-attached structures. And because we have a party wall, we no longer have any rear yard

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behind the part of the, behind the building where the Lantern Theater will be.

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So we have here the letter of support from East Minorie Neighbors,

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and we had a full discussion, and they were happy to support this subdivision.

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I'm going to skip down.

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I'm going to skip down. In our exhibits, we have the full condominium declaration,

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And we, in our exhibits, we have the.

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which was recorded, and then a second declaration that was recorded to correct

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certain aspects of descriptions dealing with the building that we're talking about,

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where the Lantern Theater is going to be. In that second condominium declaration,

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it clarified that the condominium association for the residents who live in the remainder of

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the property doesn't have jurisdiction over this new building that we're creating the new building

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with the subdivision where the lantern theater will be. And that's really why it makes total

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sense to have this be subdivided and have it be a separate structure since the entire rest of the

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lot is all belonging to and for the use and enjoyment of the residents of those condominiums.

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So here we have here.

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Here we have the site plan.

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So, as you can see, all of these spaces here are the residential condominiums.

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This is a parking area that's only for the use of the residential condominiums.

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And this is the building that we are going to be subdividing out, and that's where the Lantern Theater Company will be.

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Right now we can see there's an existing nonconformity.

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The rear wall of this structure is too close to the property boundary.

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And if when we subdivided it, that nonconformity remained the same extent, then it would be by right under the zoning code.

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But because this is a party wall and it's fire rated completely for being a separate structure, there are no means of ingress or egress between the residential area and the theater area.

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But because now this is a party wall where there's literally no setback, that's why it triggered the refusal for that dimensional variance.

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Whoa, all right, let's bring this guy back.

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We also have the deed, the RCO letters

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and the proof of mailing.

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Photos.

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Yeah, these are external views of the property.

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This area here is where the Lantern Theater building is.

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This is the parking area I referenced, and these back here are parts of the residential condominiums.

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This is another view of the Lantern Theater Company's building, and it goes kind of midway down here, and then the residences come in towards the rear.

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This is the end of the Lantern Theater building, and the residences are behind here.

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This is our zoning notice poster and refusal postings, both in the front and on the side of the property.

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and we do have um a number of different um hardship um claims here uh basically in order

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for us to put a 10.4 foot rear yard setback we would have to essentially demolish the church

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sanctuary which is a historically designated building and to create a new building with a

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rear wall that is at least 10.4 feet away from the front wall so strict compliance with the

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dimensional requirements would require us to destroy a beautiful historically designated

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building. It would also violate the terms of the condominium declaration, which specifically

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outlines the precise boundaries of all of the structures on the lot. And it would violate the

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historical code of the city to destroy a building for no legitimate reason. In terms of the minimum

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variance, the elimination of any rear yard setback for this parcel would be basically

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the variance that we have is the minimum variance because there is no way to provide any amount of

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rear yard setback between parcel B and parcel A without destroying the sanctuary. I wanted to

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parcel b and parcel a without destroying the sanctuary i wanted to um i wanted to at this

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time ask kate sconer from philly office retail to testify to um one of the urgent needs for

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this subdivision at this time um which which arose because of an issue dealing with pico

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and electrical service so if kate could raise her hand i could you state your name please

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and spell for the court reporter. Hi, my name is Kate Schoener, K-A-T-E-S-C-H-O-E-N-E-R.

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

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I do. Proceed, counsel. Sure. First, Kate, you've heard my testimony up till now. Do you

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affirm that it's true and accurate and adopted as your own? Yes, I do. Great. Kate, can you talk

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to the board about the issues that have arisen with PICO, with applying for enhanced electric

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service to the new Lantern Theater Company? Sure. So in last summer 2021, we signed a lease

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with the Lantern Theater Company. They're undergoing a full renovation to what we refer

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to as the sanctuary portion of the building. And in their engineering and design, it was

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concluded that they needed a larger electric service than what is currently provided for the

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building. We immediately applied for a new PICO service last December of 2021. I immediately

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received a notice back from PICO and we scheduled an appointment to view the building in January 2022

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due to the multiple services that would need to come into the to the building. It was immediately

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determined by both PECO and a representative from licenses and inspections that a separate address

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would be needed in order for us to receive a second electric service from PECO.

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And what this means is there is currently an upgraded electric service transformer

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in the rear of the property for the condos only. PECO gave us two options. Either we

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tap off of that existing electric transformer in the rear, which would mean that we would need

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the approval from the condo association, and we would need to disrupt multiple condo units that

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have already been finished and sold to new owners. So it would be nearly impossible for us to

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use the existing transformer and bring in a new service to the sanctuary building in the front.

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The alternative is that we would need to receive a second, sorry, a new address from the city of Philadelphia in order to receive a second electric service into the building.

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I immediately reached out to OPA and there's no method of receiving a second address without fully subdividing the property.

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And so that's why we've come before you today.

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Okay.

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Thank you.

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That's all we have unless we have an architect available if there are questions.

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No, we're fine.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Mr. Chair.

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Hi, Planning Commission.

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Thank you, Chair.

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sarah bond city planning commission s-a-r-a-h-b-a-n-h the proposed variance is minimal and does not

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conflict with the purpose and the spirit of zoning code the philadelphia city planning commission

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recommends that the zoning board grant the variance thank you hillary will hold the vote

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for the tax clearance yes mr chair so uh mr masters uh we're closed and as soon as we get

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the tax clearance, we'll get you back in here, okay? Okay, thank you so much. Thank you.

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Number six, MI 2022-004-118-1101-53 Chessna Street. Stephanie Boggs is the attorney.

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Recommendation of non-opposition from Washington Square West Civic Association.

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Letter of non-opposition from Council Member Mark Squilla.

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Mr. Chair, I have a hand raised from KHHB LLC.

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I will allow them to speak at this time

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so they can-

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...by themselves.

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Hi, could you state your name, please,

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and spell for the court reporter?

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Yes, Carl.

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proceed

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Proceed.

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I'm sorry

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I'm sorry, sir.

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C. O'Neill

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Stephanie's still on maternity leave

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so we're filling in for her

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also on the line

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should be

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could you do me a favor

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just state your name again

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Carl Primavera

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B-E-R-A

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and then also hopefully on the line

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we will have Bill McDowell

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and Charles Norman from

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National Realty

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uh hopefully i'm going to just be available to adopt my testimony all right and you also have

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available i assume uh hugh lowry uh and uh we also have the assistant counsel uh sherry hanley from

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tju so call call why don't why don't we why don't we swear you in first right yes you swear a firm

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to tell the truth the whole truth nothing but the truth i do could you identify your client

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and the relationship to the property?

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Yes, my client is 1101 Chestnut Street LP.

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It's an affiliate of National Realty.

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And they ultimately are also going to be

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turning over the completed hospital building

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to Thomas Jefferson University.

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But as of right now, National Realty is the applicant.

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So our vice chair has just a few questions.

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Yes.

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hi do you agree to wave the reading of the refusal and stipulate to its accuracy

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uh yes uh it is a referral for a special exception okay have you emailed the exhibit packet

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with proof of ownership tax compliance refusal referral photos under plans of the property

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five days in advance of this hearing and have you met with the rco and do you have a letter

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yes to all eva okay great you may proceed and begin to share your screen um jason i just

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wanted to know, this is Gussie O'Neill. I'm helping out with the exhibits, and I'm going to be doing

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it from another computer. I'm going to identify myself. If you could allow that computer to be

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