civus
Hearing video

ZBA Hearing - April 28, 2021

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

MI 2021-000035, 5224 Rising Sun Avenue.

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We have a lawyer on this case, an attorney.

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darwin has been promoted oh oh mr beauvais okay uh please identify yourself for the record sir

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spell your first and last name and i'll square you in great first name darwin last name beauvais

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b-e-a-u-v-a-i-s i'm with the law firm of dilworth paxton at 1500 market street philadelphia i

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represent the applicant rising sun children's center do you swear or affirm to tell the truth

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the whole truth and nothing but the truth i always swear mr chairman okay please proceed

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yes um if we can also um promote uh and kim agree to waive the reading of its refusal and stipulate

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to its accuracy yes i do also have you emailed an exhibit packet with the required documents

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It's proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans filed.

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proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this

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hearing? Although I had technical difficulties, I did work it out with Ms. Saleta, so they have

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been submitted. Okay. Also, have you met with the RCO and have a letter? Yes, we do. Please proceed.

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Yes. Confessor, thank you. And also, if we can promote Laura,

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uh i i i please forgive me i i mess up her last name but she's with cicada architecture and

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planning and um because they will be part of the presentation so they'll be doing slides though

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no i i will be doing them okay so we'll allow them to speak when your time is ready

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Thank you. Thank you. And if I may, let me share my screen now. Mr. Chairman, members of the board, thanks for hearing us. We are Rising Sun Children's Center. We are located at 5224 Rising Sun Avenue.

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I have before you 11 exhibits ranging from our tax clearance, our deed, our refusal, our site plan, zoning maps, aerials of the surrounding area.

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We have a memo of law, our notice to the RCO and prior history from zoning, as well as letter of support and pictures surrounding the area.

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So if I may, I would like to start off with the plans, or let's start off with the refusal.

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This application is simply for signage.

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We are looking to erect two accessory freestanding signs on the property, and they will be accessory to the daycare.

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Believe it or not, our refusals dealt with three areas, three issues.

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The area requirements, the height, and the setback.

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When it comes to the height, we are looking at a nine-foot sign, and we can look at the plans here.

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we're looking to

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technical difficulties, but in essence, this is what the signs will look like.

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They'll be 9 feet in height, and they will be a total of 112 square feet of sign area, and a total of 32 feet, linear feet, straight across.

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Now, let me just go to the site plan.

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So this is where along Rising Sun Avenue, it's a corner property.

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A corner property.

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The main structure is here.

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There's an additional structure here.

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And just in December, the board approved this structure along fronting Rising Sun Avenue and on the most southern part of the lot.

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What you're looking at in the bubble area, this is where our proposed signage will be.

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We did meet with the community.

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They are in love with Rising Sun.

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Just by way of background, Rising Sun has been in existence for approximately 30 years.

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They have been a daycare for this community. They've been part of this community and they have grown tremendously. It's one of the few award-winning daycares recognized by the state for their level of excellence. And there's always a waiting list to get here.

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So here's what we intend the signs to look at, to look like.

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And part of the reason why we are in before the board is because we are RSA 3.

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And so what is unfortunate, any use or any expanded use or anything we do will require us to come back to this area.

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But let me just show the board what we – where we are. We have the northern view of our building. Here's our building here. Here's a top lot. Here's our other – our accessory building.

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across the street is a save-a-lot. Here's an eastern view.

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Save a lot. Here's an eastern view. Again, here's our building, our accessory building, our top lot. We're on the corner. Again, we are across the street from the supermarket, and here's a southern view.

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The supermarket is on the right of the screen, and our campus is on the left.

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And you can see here.

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So with all of that said, we did, let me just get to the notice.

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We did meet with the community groups.

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And we did send them notice.

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We did have a public meeting on April 8th.

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It was attended by people who already know the quality of work that we do, and they were very satisfied with what we were proposing.

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and just by way of history, I just want to show the board that we've been in existence

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for close to 30 years. We did come before this board in 2018. We also came as recent as December

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to expand our use, to which the board granted, and now we are here to try to get signage.

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So we did talk to the community. They support us. I believe Hillary, she's here from the councilperson's office, who also had initial questions about our square footage with the signage.

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and I just want to be able to dissuade her fears but first let's just look at the

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this is alongside of Rising Sun Avenue and this doesn't do it justice I think the

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our site plan does better justice we have over 170 feet of street frontage along Rising Sun

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Avenue. So the question is, is this sign too big? And we have our architect online if anybody

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want a question. We actually submit that because we're only seeking 32 linear fee, that's less

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than 20% of our street frontage. And our street frontage faces a supermarket. So although that

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this is all considered RSA 3, we submit that it's been commercial use for the last 30 years and we

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don't really see any negative impact as to what the uses are being proposed here. So with that said,

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I don't know, I want to get Ann Kim on the line if she could be promoted.

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Ann?

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Sam Kim has been promoted to panelists.

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Good evening, ma'am. Please identify yourself with a record. Spell your first and last name, and I'll square you in.

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This is Ann Kim. Can you see my face?

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No, but we can hear your voice.

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Oh, okay. This is Ann Kim from Riley's Children's Center.

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Spell your name, please. Spell your first and last name, please.

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My spelling A-N-N, last name is K-I-M.

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

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Yes, sir.

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Thank you.

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Mr. Bovier.

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So, Anne, did you hear the statements that I made?

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Yes.

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And isn't it true that you are representative of the Rising Sun Children Center?

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Yes, sir.

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And would you adopt my statements as your testimony?

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Mm-hmm.

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okay is there anything you want to add no we really want to have a true signage that we

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you know that you're presenting thank you okay if there's any questions questions from the board no

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no anyone else would like to testify in this case please raise your hand

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mr chair hillary emerson has her hand raised i will know the time

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Thank you. Good evening, Ms. Emerson. You know the drill. Please identify yourself,

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and I'll swear you in. Good evening, Mr. Chair, members of the board. Hillary Emerson,

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on behalf of Councilwoman Sherelle Parker. You swear or affirm to tell the truth,

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

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the whole truth, nothing but the truth. I do. Thank you.

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I do.

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Thank you.

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Please proceed.

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Sure.

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As Mr. Bouvet indicated, the councilman is not opposed to the variances.

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In this case, the signage height is de minimis.

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We certainly understand the placement at the property line since the rest of the property is used for the daycare facilities.

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um we we were a little concerned about the the area um it is i think it is fairly proportional

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based on the discussion that that we had today over email um where it is less than 20 percent

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um of the area so that um i appreciate um mr bouvet and that the architect having that additional

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discussion um with us certainly um as i told him the the 15 feet maximum square footage maximum

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for sign area would obviously be too small. So regardless, the variance would be needed.

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Our only ask, and this is not so much a zoning matter, but the RCO did mention it as well,

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is that the signs be as aesthetically pleasing as possible in terms of color lettering. And

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the community did suggest perhaps putting lights on the signs for safety as the daycare has had

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issues with signage being graffitied in the past, which is why they want them when they

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want them higher up. But we have we have no issues with signage here. And we'd like to

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note that doesn't it as Mr. Bube said it does not face any residential area, it does face

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another shopping center. So that that is a plus in terms of adding signage here. Thank you.

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

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no further hands at this time mr chair thank you planning commission this is uh ron bednar city

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planning property is indicated for residential use on the city plan we recommend that the

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requested variance be granted provided removal of all non-permitted temporary signage

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Mr. Beauvais, was that your intention to remove those temporary signs?

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It wouldn't be an issue because we're, yes.

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Yeah, it's going to be taken.

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Yeah, because.

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You're taking up that space.

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Yeah, we're taking up that space.

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Exactly.

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Thank you.

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M-I-2021-000035, 5224 Rising Sun 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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MI 2021, that's 000733, 533 East Hunting Park Avenue.

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I believe the attorneys, Mr. Phillips.

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Sir, Mr. Michael Malloy has raised his hand. I'll promote him to panelists.

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Malloy, please identify yourself for the record. You're still under oath.

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Good evening. Good evening, sir. How are you? Michael Malloy on behalf of the applicant tonight.

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M-A-L-L-O-Y

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You're still under oath from earlier today

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so please proceed

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Sir, you agree to win the reading of its refusal

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and stipulate to attack mercy?

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We do, thank you

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Have you emailed an exhibit packet with the required

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documents, proof of ownership

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proof of tax compliance, copy of

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the refusal or referral, photos

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and plans five days prior to this

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hearing? We have, thank you very much

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Thank you, also have you met with the RCO

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and have a letter?

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we have and included it in the packet tonight thank you under exhibit b thank you very much

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uh in deference to your schedule we have a very simple straightforward and unopposed application

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for the property located at 533 east hunting park avenue and my name is mike malloy and i'm with

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obermeyer redmond maxwell hippel uh the property is owned by pa philadelphia and g street llc

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And I have with me tonight Daniel Lyman, and he's from Pentagon, Patagon Ventures.

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And Patagon and Daniel are part of the ownership structure of PA Philadelphia and G Street LLC that own the property.

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It's located in the I-3 district, and essentially, we're here tonight because Mr. Lyman wants

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Mr. Lyman wants to construct a new approximately 60,000 square foot building on the same parcel as an existing approximately 21,000 square foot brick single story warehouse.

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to construct a...

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He's going to convert the entire property into a self-storage unit.

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Self-storage requires, for this amount of square footage, one space per 2,000.

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It requires 29 spaces.

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We're here asking for variants for 16 spaces.

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We met with the 42nd Democratic Ward, who approved and support the variants 4-0.

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So Mr. Lyman could testify that he and his company have invested in 14,000 units of self-storage across eight states at 1.8 million square feet.

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They usually park at three to eight spaces inside, and here we're providing more, and plus spaces outside the perimeter, which we're providing in greater amounts.

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I have Jared Hall from Developed Design, he's the architect on the project, and Matthew

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Witters, he's from Eustis Engineering.

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I can show you the plan tonight, the site plan, the building that I'm showing, the site

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plan is attached as Exhibit C.

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The site plan shows on the right the existing building and on the left the proposed building.

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If we go down to what's been marked previously as Exhibit F, this is the site to the east and west.

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This is the pictures of the existing site conditions.

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Mr. Lyman.

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We're not seeing the exhibits, Mr. Mullen.

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Oh, geez.

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Okay, hold on.

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Hold on.

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I apologize.

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I thought it was just me.

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Apologize.

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I'm sorry.

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Sorry, sorry, sorry.

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Hold on.

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Apologies.

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So let me backtrack here a little bit.

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No worries.

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No worries.

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Let me backtrack really quickly.

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So we've got a site plan with the elevations on it.

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Can you see the screen now?

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Yes.

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Great.

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Okay. Building on the right is the existing single-story brick building. The building on the left is the newly proposed building. There will be 151 self-storage units constructed in the existing building, 633 in the new building.

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The project is overall about $10 million with $7.5 million in hard cost of construction, jobs, things like that for the area.

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And just to flip, that's the site plan showing new landscaping, entry and exit off of East Hunting Park.

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The project is otherwise by right.

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And it's going to be a vast improvement.

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And we're flipping to Exhibit F over the existing site conditions that currently show, you know, east and west views on Hunting Park, East Hunting Park Avenue of the project.

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So I have my witnesses who can confirm what I've said is correct.

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I mean, the variance is basically, you know, the hardship is that the site just doesn't need the parking.

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