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Hearing video

ZBA Hearing - June 2, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 2, 20215h 8m

overcrowding and trash. And finally, there's no hardship. So we ask that the board

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deny these special exceptions and and if i can respect respectfully respond um i appreciate how

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she she she um couched her uh the council person's objection it is because there is a history of this

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going on, that there's trash all over the place, and that we have no hardship. All three issues

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are irrelevant to this. My client, this applicant, has had a history of always maintaining his

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property. I challenge anyone to say that his properties have not been maintained.

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We cannot speak for the other owners, and it is a problem.

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I grant that.

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Two, saying that there is no hardship, again, this is a special exception.

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The burden here is to just show that we do not have a negative impact on the resources.

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And we've already spoken to this issue by telling the board that we actually, if this weren't students, you probably will have a tremendous amount of vehicles and parking will become an issue.

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regardless you take take our four take take our take uh one of our structures that only has four

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bedrooms that's that's potentially four cars that's on the street so so but these are students

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again we respectfully uh submit that we are we we are we are not creating any

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We are not creating any negative impact, and although I do appreciate the councilman's thoughts, I do believe that his thoughts do not apply to us here today.

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me.

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Thank you. Do you have your client, Mr. Bovee?

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Yes, he's on the line.

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It's Mr. Herbert Reed, if somebody can let him.

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And please identify yourself, spell your first and last name, and I'll swear you in.

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Good morning.

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Can you hear me?

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Yes, please spell your full name, and I'll swear you in.

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All of a sudden, I can't hear you.

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I'm sorry.

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One second.

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Can you hear me?

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Yes.

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Please identify yourself, spell your full name, and I'll swear you in.

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Okay, can you hear me?

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Yes.

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And I can hear you now.

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All right.

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I apologize.

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No problem.

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Please identify yourself, spell your full name, and I'll swear you in.

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Herbert Reed III, H-E-R-B-E-R-T-R-E-I-D.

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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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Thank you, Mr. Belved.

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uh mr reed have you heard everything that i uh i discussed with the board today

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i have and do you have anything to add uh simply just uh kind of starting from the

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the beginning here uh these properties are anywhere from um six to 17 years old

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uh the vast majority of them were built out of the ground not rehabs uh with us going through the

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entire uh process um of getting approvals uh all of the inspections all of the rental licenses

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uh for you know on average likely 15 years these have been in existence as far as a hardship um

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simply we followed the rules as the rules were outlined at the time of of construction

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uh to our complete knowledge and mr mr reed there is no hardship so there's no need to discuss a

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hardship understood so we follow we follow the rules as were uh understood at the time went

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through the zoning process was before this board all of these were approved they are built to spec

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they are built to plans nothing was ever in in in any way shape or form built illegally

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There is no overcrowding, as is evidenced by the structures having private bathrooms and so forth.

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They are there's not you know, there's not a density issue within any of our housing was all built responsibly and thoughtfully.

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We are not the landlords that are shoving kids in the small 10 by 10 foot rooms and just trying to get as many people into the building as possible.

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as far as us for as landlords um we are very involved in the community continuously we're

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on the board of the special services district which addresses trash within the neighborhood

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as well as security within the neighborhood we're on the forefront of that and we individually

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are responsible for our own properties on a daily basis when it comes to trash partying any of the

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town and gown issues. We have been a non-nuisance landlord for nearly 20 years in this neighborhood.

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So you directly manage the properties, that's what you're saying?

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We do, very actively.

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Okay. So with everything that you said and with everything I said, would you adopt all of my

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statements as part of your testimony? I would. Okay. I have no further questions for Mr. Reed,

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Mr. Chairman. Reed, as it relates to the newer structures that were built several years ago,

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when were they completed? Between 2013 and 2014. And at the time those structures were

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uh being proposed was there any objection uh from the community there was not

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and those plans were shared widely because the land was bought uh from the city and those shares

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were those those plans were widely shared and and seen by uh by many parties that that would

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oversee this sort of thing thank you all right again any questions from the board no anyone else

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to testify? Anyone else to testify? Please raise your hand.

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Anyone else to testify, please raise your hand.

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There are no further hands at this time, Mr. Chair.

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Thank you. Planning Commission.

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Good morning. David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.

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Word for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir, I do.

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Thank you, sir.

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Mr. Chairman, members of the board, the comprehensive plan recommends these properties for residential multifamily use.

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The houses on North 17th Street were all approved as two-unit or three-unit buildings between 2009 and 2011.

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We believe the cumulative effect of adding 83 occupants to the 1,900 and 2,000 blocks of North 17th Street

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will cause more congestion than otherwise might be expected from a typical rooming house.

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The US Census Bureau's latest estimates show that 52% of housing units in this census tract have at least one vehicle available to them. That works out to at least 46 new vehicles on two already congested blocks.

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We recommend that the Board deny the special exceptions for North 17th Street and approve the special exceptions for the remaining properties in the applicant's package.

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i um i would like to respond to that um they the not too long ago right there was a special

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exception that we had presented in front of the board and and the same issues came up then and

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and i think respectfully the court of common pleas uh rejected the the the mr effectos

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our argument saying 80 the cumulative effect of 83 occupants at temple university is going to do

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more harm than good what's stopping us from what's stopping a developer from consolidating lots and

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building 83 units there the i i don't know how uh um how that makes sense given the fact that

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the planning commission based on the exhibit i showed you that they are recommending that that

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area be they have high density so but yet the planning commission just said well 83 is too much

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where is that coming from he picked that number because that's our cumulative effect so we can

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have high density, so long as it's not 83 being requested by special exception. Respectfully,

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I asked the board to see through that. Under the code special exception, there has to be proof

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that we are creating a negative impact. Numbers alone do not create a negative impact.

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Again, he mentions the census tract creating 83.

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I have testimony and logic that dictates that students do not have cars.

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That alone creates relief.

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If we were to have non-students, you will have more cars in the area.

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Two, we also have a very active landlord.

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My client, the owner, he will go in and he has created a whole system that he can pick up trash or any type of quality of life issues.

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He can respond to it immediately.

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So respectfully, I cannot agree with the planning commission.

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And I hope the board does not agree with the Planning Commission.

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Thank you.

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With that, the record will be closed pending receipt of proof of tax compliance for the 14 cases that have been previously read into the record.

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Any objections to that from the board?

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Did I leave anything out, Tanya?

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No, sure.

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That's absolutely correct.

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Ms. Cole, are we all right?

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You're good.

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Okay. Thank you. Thank you, Mr. Beauvais. Thank you.

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Thank you.

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I believe that completes our list, unless we have any updates regarding those

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re-hearings, the resumption hearings.

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No. What my suggestion would be is that we confer at our next executive session.

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this afternoon and then we could go forward at 2 p.m. with all those cases that should have been

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done this morning. All right thank you all and see you all at two o'clock.

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all right thank you all and uh see you all at two o'clock

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board executive session at 145 thank you thank you thank you mr chair chair of the

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um the chair of the zoning board of adjustment i don't know if you got the first piece because

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something can let me start again good afternoon everyone my name is frank de chico i'm the chair

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of the zoning board of adjustment i'll be participating in today's hearing along with

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our Vice Chair, Ms. Carol Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas

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Holloman and Mr. James Snell. Board Administrator, Mr. Jason Hand, and our Board Attorney, Ms. Sharon

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Saleta, are also in attendance. For those of you who haven't yet participated in one of our virtual

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hearings, I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to all participants prior to their testimony. Second, we'd like to advise everyone

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that this proceeding is being recorded and that by participating you acknowledge your

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agreement to be recorded and that the recording will be made available to the public on the

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web or otherwise. Third, for anyone participating by phone, if you wish to testify, you must

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raise your hand by hitting star 9 and then star 6 to unmute yourself. I'll repeat, for

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anyone participating by phone. If you wish to testify, you must raise your hand by hitting star

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nine and then star six to unmute yourself. Finally, to enter an appearance statement, call Google

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267-270-5548 and leave your email address and the address of the property at issue. I'll repeat

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that. To enter an appearance statement, call Google 267-270-5548 and leave your email address

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and the address of the property at issue. And I'd also like to remind everyone, please do not

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attempt to testify in the chat. Any comments should be directed to our board administrator,

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Mr. Jason Hand at this time I will read off the list of continuances for the two o'clock list

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just bear with me folks I'm having some technical stuff problems today so um MI 2021-001113

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2,012th Street is continued MI 2021-001-091-915 South 18th Street is continued did I leave

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any help Sharon? As far as continuances? No, there are only two. Okay, and I will ask at this

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time, does anyone disagree with the request for those continuances? Please raise your hand.

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Mr. Chair, I have a way she but someone's hand was up but you put it back down again.

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never mind sir okay thank you at this time i will ask if anyone would like to request

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a continuance or withdrawal please raise your hand

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i see no hands mr chair thank you uh tanya and sharon i'm sorry before we get started i should

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have asked this when we were in executive session did we not give the attorneys representing 1526

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Packard and the uh opposition folks until 5 p.m today yes that's why you will be announcing that

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it is and I wrote to them to let them know that you would be announcing today that the vote will

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be continued until next Wednesday right so I don't need to read that in now is what I'm saying

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Well, just in case anyone else is here for it, it's only the lawyers that I contacted.

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MI 2020-001532, 1526 Packer Avenue, at the May 25th hearing, the record was closed.

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And we ask that counsel for both the applicant and the protestants submit written testimony by 5 p.m. today.

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at which time we will then, the board will take the arguments, review them, and a decision will

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be made at the executive session, after discussion of our executive session next Wednesday. Is that

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after discussion of our executive session next Wednesday.

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Is that accurate, Sharon?

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accurate?

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Yes, Chair.

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I don't know whether we decided

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whether you were going to also request

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that the Planning Commission

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put its recommendation on record.

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Yes.

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Okay.

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We can do that now then, I guess.

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Oh, is the Planning Commission on?

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Yes, we're here.

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Hi.

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Please spell your full name

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and I'll swear you in.

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Ariel DiLiberto, that's A-R-I-E-L, D as in dog, I-L-I, D as in boy, E-R-T-O, with the Philadelphia City Planning Commission.

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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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Thank you.

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You heard my comments.

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I don't know how familiar you are with this case.

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I don't remember if the Planning Commission took a position at one of our three hearings.

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So I'm asking you, does the planning commission

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have any recommendations?

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Yes.

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The comprehensive plan recommends this property

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for commercial use.

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We believe that the applicant has shown

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that the proposed use will have no more of an impact

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than might normally be expected for this type of facility.

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We recommend that the board approve

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the requested special exception.

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Thank you very much.

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Appreciate that.

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Okay, having said that,

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I believe we now go to the other add-on

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and correct me if I'm wrong.

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MI 2020-003086

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1231 Federal Street.

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That's right.

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We heard testimony and the record was closed.

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So it's for the board to conduct a vote.

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