civus
Hearing video

ZBA Hearing - March 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 1, 20235h 21m

state that you know anyone who is um who's using our venue would have insurance uh and you know

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they would be screened before they can actually have an event there.

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You know, so given the overwhelming community support, given that this is a referral,

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given the means and methods we have done to ensure that there would be no negative impact on the community,

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we would ask that the board grant this special exception request.

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Now, I will ask that Mr. Hardeman virtually raise his hand and be sworn in.

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Okay.

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Mr. Hardiman, Mr. Hardiman, you're allowed to speak, speak.

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Mr. Hardiman, could you please state your name and spell it for the court reporter?

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Darren Hardiman. First name, D-A-R-E-N. Last name, H-A-R-D-I-M-O-N.

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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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Proceed, counsel.

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Yes, Mr. Hardeman, you heard everything I had to say today.

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Yes.

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And is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Okay, now, hours of operation, what would be the hours of operation that would be to form the basis of any zoning permit for your operation?

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So the hours of operation are currently, or were, when we were open, it was 11 a.m. to 12 a.m.

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um that that would allow for someone to start an event at 12 ending at four allow us for time

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to clean up for another event to start at um eight ending at 12 and anything in between obviously

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gotcha and then um would you also agree to commercial trash pickup yes we agree to commercial

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trash pickup typically when we are open uh we have someone come in and clean they remove all

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trash from each event and they take it with them to the dump. So that's something that we

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definitely agree to. Yeah. And I referenced in terms of security, you would actually have

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someone there during certain hours for events, right? Yes. For any event that ends after 8 p.m.,

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we have security requirement for the space, not only to secure the person who's renting the space,

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but our tenants in the neighborhood as well.

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We want to make sure that we are, you know,

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giving a deterrent to anyone who may be seeking any trouble in the area

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for whatever the reason might be.

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And then you would also be in agreement,

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which is not an enforceable condition,

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the zoning permit to put cameras and lighting out front.

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We've already done that.

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So there's a camera out front that has zoom lens.

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It's in color and it's monitor.

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And we already have lighting out front as well.

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So those things are already done.

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so that they're agreed to yes. Okay. And then you would ensure that anyone who had an advantage

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or space would be properly insured. Yes. Everyone's required to have insurance,

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even the people who we are renting. So if someone brings a bartender in, that bartender has to be

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insured. We've taken the proper precautions and built the relationship so that we can make sure

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that everyone is able to get insurance as well. Gotcha. And it's not your intention to

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allow people to sell tickets to enter your venue? No. So we have absolutely no intention on

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it being a nightclub at all. That's not our plan. That's not our destiny for the space.

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We want to host events. We want people to come in and be able to have, like you said,

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seminars, birthday parties, baby showers. At one point, there was a church who was interested in

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renting the space. So there's a bunch of different uses, but nightclub isn't one.

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Now, last hearing, there was something on the record about your operation starting

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without the correct permitting. How would you respond to that?

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Well, initially, we just didn't know. And we do apologize for it, but we leaned on the expertise

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of our architect to give us the proper zoning and allow us to operate. So we started thinking

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that we had it under the guise of his leadership. That not being the case, we were shut down

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and we waited our time. I mean, at this point, it's been 21 months closed while we were trying

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to get back to the table. So we've done nothing in that time. And now we're here looking to

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get the referral. Okay. Is there anything else that you would like the board to know

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before we conclude? I mean, I think that everything is covered. I mean, the biggest

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before we conclude? I mean, I think that everything is covered. I mean,

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goal for us, for me, especially in my business partner, as we try to own and operate the building,

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we already do with apartments, but we also invest in the area. We just want to bring

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another business to the area to increase or enhance the corridor. So I have nothing more

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aside from that. And my goals are clear. We want to bring something to the community that makes

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sense for all people to enjoy and share. Thank you. Questions from the board? No, Mr. Chairman.

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No, Mr. Chairman. No, Mr. Chairman. Alan, you have no other witnesses, am I correct?

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That's correct. Questions or comments from the virtual audience?

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yes chair i have a person i actually see three hands up the first one is looks like a mr hall

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calling from a samsung okay and i will allow him to speak

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um the person in the audience there he goes he's unmuted hi could you state your name please and

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spell for the court reporter yeah mr hall h-a-l-l what's your first name sir henry all right um do

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you swear for him to tell the truth the whole truth nothing but the truth yes are you a neighbor

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sir yes excuse me excuse me chair pardon me this is the court reporter i apologize i did not catch

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the witness's first name henry he said henry thank you hillary go ahead yes i was gonna say

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Mr. Chair, this is a hearing on remand, and it is limited to parties that testified in the prior hearing offering testimony.

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I do not have Mr. Hall as one of those parties, so unfortunately, I don't believe we can take testimony from him today.

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Thank you, Mr. Hall.

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Sorry about that.

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Who else in the virtual audience?

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There's a person named Alfred Fields.

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Do not see his name either.

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He just left. He just left. Okay, anyone else? There are no more hands here. Hillary, go back

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to planning for their position now. Yes. Planning, please. Thank you, Mr. Chairman. David Vecto with

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the City Planning Commission chair and members of the board. The comprehensive plan recommends

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no change to the commercial mixed use zoning in this location. During the previous hearing,

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The RCOs gave testimony that there will be detrimental impacts beyond what might be expected.

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However, we've heard no testimony this time around that this facility would operate any differently than any other assembly and entertainment use.

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So the City Planning Commission recommends that the board grant a three-year temporary variance for this application.

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Thank you.

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the vote on this matter will be held for the preparation of supplemental findings of fact

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and conclusions of law which will be adopted as proviso of the board's decision prior hearing

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transcript ccp order and previous findings introduces evidence hillary too so that that

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was just for you mr chair to let you know that was said to you okay thank you mr knockamson yeah

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Mr. Chair, can I just quickly respond to the City Planning Commission's recommendation?

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I do not believe that the coordinating RCO stated that there was any detrimental impact to the community.

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Their letter actually is in support of our application.

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I just wanted to note the record.

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Thank you.

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Thank you.

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Is there anyone in the virtual audience whose case has not been called this morning?

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There are two hands up, Chair, and one is with the phone number ending in 3552.

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May I allow you to speak?

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Sure.

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Thank you.

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You're welcome.

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Person ending with the phone number 3552, you've been allowed to speak.

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Hi, could you state your name, please, and spell it?

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Yes, it's Adrienne Fernandez. I'm trying to let you know that myself and also...

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Hold on a minute, Adrienne. Were you sworn yet today?

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I was sworn today.

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Okay, just state your name for the record and what's your comments?

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Okay. My name is Adrienne Fernandez and I'm asking that there's a neighbor trying to comment and also myself and we cannot get in. She's on Zoom, I believe.

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Okay, so Hillary, can we reopen it, Hillary?

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If the board wishes to reopen it, we will need Mr. Knockamson to come back in.

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If the board wishes to reopen, it can.

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We will need Mr. Nockamson to come back in if he's still available.

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All right.

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Get Mr. Nockamson back, please, if he's available.

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Can I ask if the neighbor go in front of me?

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I'm going to try to see if I can get Mr.

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I want to try to get Mr. Nockamson first, Adrian.

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He's not interested.

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Adrian, what is the name of the neighbor?

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Oh, she's muted.

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I just want to make sure the neighbor is actually eligible to testify.

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Adrian can testify, but I will try to get Mr. Nockamson back on.

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Hillary, the people that had their hands up is James.

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James McLeod is a different case.

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Okay.

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We can come back to him.

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and then darren hardiman yes he's the he's the applicant in the in the current case

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um mr chair members of the board i my client was still on the on the hearing

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he stated that you needed that someone else so so adrian fernandez from rco and swan poodle

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wants to testify we have no objection okay adrian why don't you why don't you proceed

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miss adrian can you unmute please you might have to hit star nine

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can you hear me now yes we can you've already been sworn to state your name for the record and

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please your comments. Okay. The neighbor, her name is Shirley, and I'm asking if she can testify

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before me. Okay, sure. Shirley, please come on. There are two hands up under a fire tablet.

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One of them may be Shirley. Go to that. Okay. Yeah. Mr. Chair, I would object to this testimony

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because so miss miss lee already testified i'm like mr hardiman he wasn't given an opportunity

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so i i i think where we are with this is that we said anyone who who testified prior could testify

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we've turned people down that didn't testify prior got you mr chair right now mr occamson just to

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clarify that was per the court order it said that parties could offer supplemental testimony only

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so it's only people who have testified before that can testify

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Ms. Lee

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There's another hand up

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but it's from a fire tablet

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that could possibly be Ms. Lee

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Try please

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Okay

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You hear me?

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Ms. Lee

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Yes, sir

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Could you state your name please

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and spell for the court reporter

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Okay, my computer just came back up

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I'm going back over to that

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I'm sorry. Can you hear me okay?

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My first name is Cheryl.

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C-H-E-R-Y-L-E.

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Ma'am, you're getting an echo.

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I'm not sure I'm one of your devices.

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she did i couldn't figure out how to turn it off

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okay you're fine now you can give testimony hi just spell your name again for the court reporter

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please

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Ms. Lee?

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I think she switched to her computer, but she's only been promoted with her tablet, so she needs to speak through her tablet and not her computer.

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Okay, can you hear me now, sir?

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We can. Just state your name, please, and spell for the court reporter.

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My apologies. First name is Cheryl, C-H-E-R-Y-L-E. Last name is Lee, L-E-E.

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Do you swear if we're going to tell the truth, the whole truth, nothing but the truth?

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Hello?

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Yes, sir. Yes, sir.

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Oh, you. All right. Good. Proceed.

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all right good proceed okay good morning to everyone um foremost i don't know if you can see me at all

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Okay. Good morning to everyone.

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we cannot we cannot um i unfortunately i'm i'm i'm not uh great with this i would just first state

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The picture that Mr. Nocklinson provided at the beginning was an old picture of the property prior to the H2 events Philly moniker placed on the front of the building.

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So that could lead to deception, in my opinion, that this all has not been in the works.

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Secondly, we have had a year of peace and quiet since the nightclub activities have ceased with the late night parties because they were not permitted and because of the crowds, the noise, the smoking marijuana.

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the police have not had to respond or shut anything down the loud music that came from

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inside outside and i would submit that as they're trying to use semantics to not call the property

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a nightclub if you're having adult parties with loud music beverages and people in and out i don't

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Just because you don't sell tickets, it's not a club. It's a place that they have, I guess, pre-reserved, and I don't know that for a fact, pre-reserved to go in and participate and partying and drinking and dancing and so forth.

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The crowds have been spilling out. The parties do not end at midnight. There is documentation through police reports where upwards of one, two in the morning that these parties were going on.

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Your last ruling, the last time we were present, December 7th of, I think it was 20 or 21, two weeks later, after this board made their decision not to allow a nightclub, there was a party, December 18th, that the police had to come and shut down.

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And the people still milled around for over an hour before it was dispersed.

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The need for security, I would submit, why do we need security in our neighborhood for when you have the understanding of the potential of the impact within the neighborhood, aside from the trash and the noise and the small scrums that have taken place?

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So, Mr. Notkinson, I'm sorry that you are opposed to my actual testimony here, but as an impacted person who lives here, this is what we all had experienced.

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And at this point, we have all had quiet.

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We have all had the quality of life that we are accustomed to and have been previously accustomed to.

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Sure, neighbors have parties every now and then in the neighborhood, but we're all respectful of one another because we live here.

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The decision or your request for change it from 89 to 100 people or whatever the case was, you had been having that and you had more.

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it's just too much we would like to continue the quality of life that we have where we can

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go to sleep at night we can uh not have to worry about extra element in the neighborhood

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the smell of marijuana the loud noise this is our residences this is where we live

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As far as trash pickup, that's nice, but on occasion, I have witnessed when they have people come and clean up, and sometimes the trash is taken, sometimes it's carted directly to the corner and left with the public receptacles that are right outside,

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that are at the corner that the city has to pick up anyway.

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I'm sure I'm forgetting something, but I'm just getting flustered at the misinformation.

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