civus
Hearing video

ZBA Hearing - April 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20217h 7m

The tenants are already parking and piled up on Armstrong Street and Clarkson Street.

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And one improperly parked car, which happens all the time, continues to block the entire street, hindered its access to the trash trucks.

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I know he stated that they're going to have private trash pickup, but what you don't understand is that the trash trucks can't even get down the street.

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There's no way for them to pick up their trash.

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It's a hindrance to the maintenance and utility vehicles and police and emergency vehicles.

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we've watched it time and time again where people have not been able to get access up and down that

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road in the evenings when it's really packed and during the day when people are still parked

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during there. Additionally random cars continue to park on our driveway and are disrespectful

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when they're asked to move. They're illegally parked and cause significant damage to our

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property. The proposed plan will only serve to further exacerbate an already untenable

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circumstance. Last two things is congestion. The apartment development next door to us at 545

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East Westminster Street has provided more than enough evidence that the area has reached its

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breaking point. When developers continue to ignore the warning signs, oversaturated of

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oversaturation of an already densely populated area results in chaos and long-term negative

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impact on the community. And lastly, like I said before, misrepresentation. There has to be some

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level of moral conduct when approaching matters of this kind. The untrustworthy conduct exhibited

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by this developer has given us cause for major concern. As I stated previously before, he sent

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his lawyer instead of a representative of his real estate firm to come into our home, and not only

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after she did her work did she identify herself. The final result has been a dereliction of action

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as it relates to any repair to our home's damages, which we have now paid for, how can it be inferred

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then that this developer will fulfill his duty to protect our home during the proposed structural

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changes? I'm sorry. I'm done. I'm done. Mr. Chairman, I don't have any cross-examination

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questions. I think I could just give a stipulation to Mr. Brady, which would possibly make her feel

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more comfortable. She said that, you know, I did not know there was a request for any kind of

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engineered plan with regard to the demo or reconstruction. All of that, as this board

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knows, is not a zoning matter. That's a matter for building permits. We will fully stipulate that

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we'll show everything we need to all underpinning anything else to Mr. Brady and her family and the

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owners of that 543 as this moves forward. It's going to be a hand demolition that has to meet

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all the requirements of the city um and the last thing i just was uh while mr brady was

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And the last thing I just was, while Mr. Brady was testifying, I did find for you, Chairman, the average unit size is 1,200 to 1,300 square feet per condo.

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Thank you.

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Excuse me, Mr. Chairman.

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Yeah, Mr. Holloman.

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Yes. Can we do a resumption on this case until the developer give us a plan of how he's going to resolve some of the issues of his neighbor?

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I'm not opposed to that. I'm okay with that. That or we vote it, whatever works best for the board.

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Do we know that the developer is going to do that?

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I would represent that, you know, this case has been ongoing since 2019. As I showed, I presented over 66 pages of emails in which I tried to meet and call and get involved with the community and they had no interest in doing so.

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So I'm not sure that holding this will address anything, but to Mr. Holloman's point, I will stipulate here and even make it as a proviso that we're going to give Mr. Brady every and every piece of information with regard to the demolition.

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demolition in the city is extremely heavily regulated now there's a wait time even after

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you get the permit to post the property you're then required to do a site safety plan you're

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required to have a site safety instructor on in place at all times all of this will be presented

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to mr brady and i'm happy to meet with her in an ongoing basis but i think any further delay

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of this case is unwarranted as the rco has just shown an unwillingness and i think a personal

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animus towards the developer i understand the thing counselor but this is the neighbor

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not the community this is next door to the property that he wants to develop

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she shouldn't have all of these issues

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um if uh if the board would um i can certainly ask my client if you're if the board would hold

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you know close the hearing and uh just hold the case to vote for two weeks and i could speak with

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mr brady again if mr brady is acceptable i don't want to speak for her that she's willing to

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meet or speak with me but we close the record we're not allowed to take any further testimony

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or anything so i know where mr holliman's going i think he raises some good points and

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And I know it's been a long time.

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I guess, Chairman, if I could, one, hear when a resumption hearing would be, and two, if I could hear from Mr. Brady that she's interested and willing in meeting or speaking with me either in person or electronically, then that's fine.

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I just don't want to agree to another extension where I get told nobody wants to talk to me.

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Understood. Is Ms. Mr. Brady still on?

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thank you mr brady there's an offer by the attorney for the applicant

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to continue having further discussions with you uh related to your the issues that you eloquently

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described to us uh having said that if that is something you're amenable to we can resume this

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hearing to a date probably i think in june uh if i'm not mistaken tanya one would be a resumption

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hearing june 16th at 2 p.m gives you about five six weeks six weeks or so i i will be open to

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that but it also needs to include the community as well sir because as as mr willin has said he's

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not reached out to me at all during this time since the last hearing so i mean i do want that

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to be on the record as well I mean I am the home owner of course but I and there are community

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members who are interested in having conversation I'm not the only person understood but you as Mr.

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Holloman pointed out are the most impacted there's no you know your property's next door if you're

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right next door if this if this were absolutely demolition is going to impact you and no one else

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but you the other issues will impact neighbors traffic congestion and things that but the issue

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of safety and the integrity of your home being compromised, that's more important.

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So just to be clear for everyone, and Mr. Brady, I'm sorry that it was not relayed to you. I

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understood from prior counsel that you were represented by a counsel whose name I no longer

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remember. So I was not allowed to reach out to you directly. I did reach out to your counsel who was

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in Bala-Kinwid, but that did not go anywhere.

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um but you know did not uh that did not go anywhere so um if you're okay with me speaking

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directly with you i'm happy to speak with you and i'm happy to you know speak or meet with

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either on zoom or um you know personally with people that you are including uh unfortunately

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at this time i just can't agree and i'm not willing to continue the charade of meeting with

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the rco um why don't we why don't you do this mr well why don't you have that discussion with

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mr brady mr chico is it possible and and i will i will have that conversation with him as well

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is it possible that we can hear from the rco at this time

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well we can and we don't want to you know silence anyone and not give them an opportunity but

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if your issues are not resolved no i want to speak to mr wellin i'm i'm clearly i definitely

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want to but i also would like we're going to resume we'll resume this hearing and at that time

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the community will have an opportunity all right so uh chairman chico just to be clear so i can

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make this fast for everybody uh mr brady uh my phone number is 215-622-7402

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and my email address is s as in sean w as in whalen at vintage v-i-n-t-a-g-e dash law l-a-w.com

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you can reach out to me however you feel comfortable and i'm happy to speak with you

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at your earliest convenience um mr the chair um this is tanya um may i ask that um the council

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representative be allowed to speak Mr. Richardson yeah I was going to ask if he was on right and

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what was that date again Tanya 619 yes sir at 2 p.m. 2 p.m. okay thank you I'm sorry was that 619

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or 616 619 at 2 p.m. 19 okay thank you 9 at 2 p.m. Mr. Richardson yes Mr. Chair hi please

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identify yourself i'm so sorry chair mr wellin is correct it's 6 16 at 2 p.m 16 okay 616 okay at 2

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p.m thank you mr richardson you're still on their oath please identify yourself charles richardson

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office of councilwoman cindy bass room 312 city hall uh would you like me to actually wait until

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the the uh next next hearing to read the councilwoman's opinion based on i think yeah because

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that there may be some change we may or may not be so if you don't mind we'll hold off we'll hold

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off until until the next hearing yeah and we'll ask everybody else who's been waiting to uh

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no disrespect you'll have an opportunity at the resumption hearing to speak uh mi 2020-001171

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541 east worcester this hearing will be resumed on june the 16th at 2 p.m at which time we will

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consider any feedback from the RCO, Mr. Brady, and the Councilwoman's office.

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Thank you very much. Thank you. Thank you. Thank you. Can we go into 14? Yes. Calendar number 0636-6320

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Stenton Avenue. Steve Bertil is listed as the attorney.

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Hi, Mr. Bertil, can you put your name and address on the record and spell your last name,

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please?

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Yes.

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Good evening.

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Good evening. Steve Bertil, B-E-R-T-I-L, Claire Harrison, Harvey and Bransburg, 1835 Market Street, Suite 1400, Philadelphia PA, 19103.

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And you're still under oath? Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter?

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Yes, to all of the above.

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Okay, great. You may proceed. And your screen's already up.

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Thank you very much.

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Sure.

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Hello again. My name is Steve Bertil.

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I'm here representing the applicant for 6320 Stanton Avenue. I'll try to make this as quick

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as possible because I believe we have support across the board or non-opposition across the

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board. As I stated, I'm here for 6320 Stanton Avenue, as you can see.

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As I stated, I'm here for 6320 Stenton Avenue, as you can see from this area, basically the corner of Stenton Avenue and Washington Lane.

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We're here seeking the special exception for the complete demolition of the existing building and the erection of a detached building for use as a takeout restaurant with a drive-thru window and five accessory parking spaces.

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is a another area but just to get right to the site there's a better shot so you can understand

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the the corridor that we're in um the property is on the cmx2 for commercial mixed use

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um it's currently a vacant commercial building um right here if you can see my mouse um it fronts

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As I said, right on the corner of Washington and Stanton.

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You can see here, it's a shot from the street level.

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The Stanton frontage, and here's the Washington frontage.

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Just to give you a sense of the context, along Stanton Avenue, you can see that there's a commercial corridor with a mix of takeout restaurants, commercial storefronts, gas stations, and other commercial uses.

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Here's another shot showing this.

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The Pizza Hut and the Wing Street is now a Boston Market with the drive-thru.

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Same, similar, takeout restaurant-type use.

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KFC is still there.

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There's the checkers of Pep Boys.

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And then there's the plaza across the street.

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So in terms of the previous uses, we're actually, the use that we're proposing is actually similar to what's been there in the past.

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It's just in the past 10 years or so, it's been a Chinese restaurant, a pizza shop, a chicken eatery.

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And there's been much more over the, or at least over my lifetime.

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I actually grew up not too far from here, so I'm intimately familiar with this site.

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And there's been many attempts for long-term use of this nature.

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What we're proposing, as I stated, is a similar use of takeout restaurants.

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except the difference is here we are the owners instead of the tenants, and also we have a national

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chain or franchise that we're renting here. Before I get into that, let me just show you an area of

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what the intention of the new structure is. Right now, as you saw from the photos, the structure is

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kind of set back in the catty corner of the parcel here. We want to demolish that, erect this detached

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structure with a drive-thru entering and exiting off of Stanton Avenue. The special exceptions

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that we require for the drive-thru use because of CMX2 and for the take-out restaurant. If it was

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just a sit-down restaurant, it would be by right, but because we want to do take-out,

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we can see from the refusal, we require a special exception.

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And so what's it going to look like? This is a rough sort of rendering. Because of the

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uniqueness of the site, the building will be shaped a little bit differently. But we are

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trying to put a Popeyes here, a national franchise, which we believe will have much more lasting power

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than some of the attempts to utilize the site before. This actually will be the first site in

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philadelphia um that's utilizing popeyes's new national branding um which we're excited about

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here's some more shots of the exterior the rear

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the drive-through styling and the signage and lastly here's sort of what the menu board will

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look like we did we meet with the community uh we met with the registered community organization

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the Cliven Hills Association on two dates. We had two meetings. The first one took place on March 11th

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and the second one was on April 8th. I believe at the first meeting there were about 25 people

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and the second meeting about 18 or 17 people. Ultimately the community voted to support the

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project and I believe they sent in a letter of support pursuant to that. Our position is that

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Because our intention, because we're the owners of this property, is to be lasting and good neighbors.

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We've already made a commitment to work with the community on community events and work with them with their endeavors as an association in the community.

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And because we are seeking a special exception for a use that is not only fistful in the context, but it's been utilized on this site and historically something that the community is accustomed to.

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we asked this board to support

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this special exception request

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with me I have a representative

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With me, I have a representative from the ownership.

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from the ownership

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Ed could you

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Ed, could you raise your hands to be recognized, please?

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It's Ed Bash.

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Excuse me, what is the name again?

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Mike Muppets, Edward, N-B-A-K-S-H, his last name.

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Mr. Bass, please raise your virtual hand.

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If you can't find him, I would ask the board.

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Yeah, we'll stipulate that your client would adopt your testimony.

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Any questions from the board? No.

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Anyone else like to testify in this case, please raise your hand.

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No further hands at this time, Mr. Chair.

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Thank you.

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Planning Commission.

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Good afternoon, Board.

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Peter Bernard for the Planning Commission.

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The proposed special exemptions will not cause detrimental impacts to the neighborhood beyond

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what might normally be expected for this use.

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The City Planning Commission recommends the Zoning Board grant the special exemptions.

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Thank you.

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MI 2021-000-636-6320-Stetton Avenue.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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That concludes the two o'clock list.

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Oh, boy.

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Oh, boy is right.

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Do we need to, Tanya, do I have to go through the whole presentation again?

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i guess so huh um you can condense it if you wish all right how about if we take a five minute break

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i know i need a five minute break all right thanks thank you anyway uh my name is frank

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tachico good afternoon my name is frank tachico i'm the chair of the zoning board of adjustment

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i'll be participating in this evening's hearing along with our vice chair ms carol tennari

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