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Hearing audio

ZBA Hearing - February 11, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 11, 20264h 31m

have to go in between the two units as they're supporting tenants or potential tenants yes ma'am

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Yes. So I know this is sort of like assisted, not like assisted living, but what types of services are you anticipating that the staff is going to do for residents?

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Assistance with ADLs, like if they needed assistance with being transported up and down, preparing meals, medication administration, depending on the medication that they will be taking.

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and just watch out for behaviors and, you know, mental health and reporting.

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So are the tenants going to be able to cook for themselves on site

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or is all cooking going to be provided by staff?

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No, all cooking will be provided by staff.

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Yes, ma'am.

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And then what's the plan for medications on site?

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So I'm personally thinking to keep all medications locked and stored.

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And then once I have a medication printout list from their doctors, I will be able to get I will be able to administer day to day, whether they're like Q6 hour meds or Q8 hour meds, then that's when they'll be a minister.

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And then what's the plan for the common rooms? Because it does seem like.

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There's less common space in the two units to, you know, they were they were designed to maximize bedrooms.

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rooms um so where where do you sort of anticipate public space they both have

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living room areas okay so the living room is going to be primarily for the

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tenants yes and is that also if they have visitors

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like if they're yeah is it okay

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i have one last question do you um do you have the support of the

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your neighbor adjacent to your right i think it would be 1309

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1309 is it to the right or to the left i think it's to the right um i have no neighbors to the

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right of me so i think it will be to the left like yeah it will be to the last house to the

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left unfortunately he's deceased

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so that property is empty right now yes i think for like ever since um

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january this year yeah yeah no it was october of last year okay

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other questions

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questions from our attorney hillary emerson

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not at this time mr chair comments from the virtual audience you're not seeing your hands mr chair

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no hands do we have anybody no sir planning commission amy boy with the planning commission

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the comprehensive plan recommends a change in zoning at this location from the existing r1

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residential multifamily to rsa5 residential single family the appellant has demonstrated

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the proposed use will not cause detrimental impacts beyond what would reasonably be expected

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The Planning Commission recommends that Roy Grant

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their requested special exception for care home.

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Thank you.

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Hillary, I don't see any enforceable provisors, right?

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I would like, I saw they said eight people,

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but I think that the state sets that.

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Right, right.

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Yeah, no, there's a number of provisors,

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but most of them are, yes, things that cannot be enforced.

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Right, thank you.

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MI 2025-004-308-1311,

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butler street i vote yes michael johns my vote is yes sure guest and my vote is yes

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tenetta graham my vote is yes ryan mcadams my vote is yes by when my vote is yes

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thank you mr consul could you stay one please

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mr consul

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i'm here i'm not going anywhere yeah oh good good good sorry thank you so

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I believe Mr. Michael Johns is going to recuse himself in this case.

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So MI 2025-006-432-112.

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So MI-2025-006-432-112 East Springer Street.

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Mr. Consul, just for the record, could you state your name?

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Joseph Consul.

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Could you identify your client in a relationship to the property?

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My client is Chivetta Property Group, LLC.

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On this call with me is Michael Tomasetti, one of its principals.

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And I noticed that we have an expression of no position from the East Mount Airy neighbors.

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Our vice chair has a few questions.

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Good afternoon again.

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Have you submitted your documents and exhibits for this case five days in advance of this hearing?

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Yes.

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But for what Director Hegarty talked about at the beginning, we received one document at the 11th hour.

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But besides that, everything else was submitted timely.

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Okay, thank you, and do you waive the reading of the refusals and stipulate to their accuracy?

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Yes.

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Thank you, show your screen and proceed with your case.

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All right, so it should be shared, my refusal, what my client-

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We don't, Joe, Joe, we still have-

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Oh, it's still the other one?

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Yeah.

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All right, so I'm going to stop and then start again.

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There you go, there you go.

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All right, so that's me.

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It's Joe C. Now we're going to share.

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All right.

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All right, Joe Consul again, here for Javetta Property Group.

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that should be the refusal for 112 East Springer Street we're requesting the

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relocation of lot lines it's a subdivision to create two lots from one

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existing lot and what will eventually be the erection of a semi-detached

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structure on each lot for a single-family housing the subject the

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subject property is RSA five.

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Let's see if I can, yeah, there you go.

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And we're here for two dimensional refusals,

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which we're hoping are for the following reasons de minimis.

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The total lot that we're dealing with here

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is approximately 2060 square feet.

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To subdivide it by right,

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we would need 1440 square feet

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for each of the resulting lots.

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we don't have that we've got just over a thousand for each of the two resulting

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lots a thousand and thirty approximately for each of those two two lots my

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clients you've had a property group we've been on here before they are under

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a purchase and development agreement with the Philadelphia Land Bank as part

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of the city's turn the key program to fulfill the land banks mandate of

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creating two affordable units at this location a compliant subdivision being

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1440 per lot is mathematically impossible so what we're seeking is what

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we believe to be the minimum relief necessary and that would be allowing this

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to be split evenly in half not only that the if you go up and down the block the

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other single-family homes are on lots this size or smaller there's none that

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on lots bigger than 1,030 square feet at least as far as I can see. So what's

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being proposed is, let's see if I have anything, there we go, is as I mentioned

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two semi-detached single-family homes and this is in character with this part

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of the block and this part of East Mount Airy and Springer Street. During the RCO

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process neighbors raised primarily only one concern and that was about the the

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big old tree on on the lot my client has committed to not removing the tree

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unless absolutely necessary in order to develop these lots it's it was impossible

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to say and it's impossible to say what the lot of look like once they start to

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build in relation to the trees roots and things like that but besides that it

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It seems like everyone was happy to have these lots being developed after all these years.

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And as mentioned, we met with East Mount Airy neighbors on January 20th, and we ended up

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with a position of non-opposition, I guess kind of a divided opinion.

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So, with that, I will call Mike Tomasetti.

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They're going back in as a panelist for me.

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Joe, did you show floor plans?

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I don't know if I have floor plans for these two properties.

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Mike can talk about what's going to be built, but I believe the first step for these subdivision plans just includes showing.

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But I believe the first step for these subdivision plans just includes showing the model they're using, which is the two-story.

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And again, Mike can comment on that and the subdivision itself.

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No basement?

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Yes.

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Yeah, these homes have basements.

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All right, sir, could you state your name and spell first?

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Yeah, my name is Michael Tomasetti, T-O-M-A-S-E-T-T-I.

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

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Yes, I do.

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Good afternoon, Mr. Tomasetti. Did you hear my testimony just now about this proposed subdivision?

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Yes, I did, Joe.

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Do you adopt what I said thus far as your own?

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I do.

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Could you describe a little bit about the layout of these properties?

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Yeah, I mean, they're three bedroom, two bath. These homes lie anywhere between 1,350 and 1,400 square foot.

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i have nothing further pending any questions questions questions from the board

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questions from our attorney hillary emerson not at this time mr chair questions or comments

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from the virtual audience i do not see any hands mr chair planning commission

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amy boy with the planning commission the comprehensive plan recommends no change in

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zoning at this location from the current rsa 5 residential single family the proposed undersized

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lots are consistent with other properties on this block when commission recommends that the board

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grant requested variances for lot size mi 2025 006 492 112 e springer street i vote yes

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cheryl gaston my vote is yes tenetta graham my vote is yes ryan mcadams my vote is yes

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i win my vote is thank you joe thank you board thanks everyone i appreciate your time thank you

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november 12 mi 2025 007 537 1026 to 44 market street john mcshane is the attorney mcshay is

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the attorney there's unanimous non-opposition from west washington square west and a letter

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of non-opposition from council member squill

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they'll be back in as a panel shortly mr chair okay thank you

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good evening can you see me and hear me i apologize i can sir could you please state

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your name and spell for the stenographer yes my name is john mcshea j-o-h-n-m-c-s-h-e-a

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right do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do mr mcshea could you identify your client a relationship to the property

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yes my client uh is the uh is ross dressed for less and coastal science services incorporated

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ross dressed for less is the tenant of the property okay our vice chair has a few questions

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for you sure good good evening have you submitted your documents and exhibits five days in advance

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of this hearing I have with the exception of the RCO meeting summary which we received

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last night and we submitted once we received it thanks for sharing it and do you waive the

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reading of the refusal and stipulate to its accuracy I do I think you can show your screen

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proceed with your case. Okay. Thank you. Okay. Good afternoon. As I stated, my name

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is John McShea. I'm here on behalf of Ross Dress for Less, who is the clothing retailer

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and is the tenant of the property located at 1026 Market Street. And the application

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here today is for proposed signage for their building. I'm going to pull up. What you're

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looking at here is the notice of refusal, and this document here is the memorandum of lease

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for the building. A couple of photographs we're talking about. This is just an aerial photograph

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of the property. We're talking about this. I'm going to highlight it here on our screen. This

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this building here located on Market Street, the corner of 11th Street and Market. It's historically

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used as a commercial building, and there's three tenants in the building, including a CVS Pharmacy,

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the Ross Dress for Less, and there's also a charter school located in the building.

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The next photograph, I'll zoom out a bit. This is a photograph taken from the intersection of 11th

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and market street looking at the building uh you can see here um there's the raw stress for less

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there's raw stress for us has been in the building um for about three months um and so they do have

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um for about three months um and so they do have some signage and the application here tonight is

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some signage and

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to locate one accessory wall sign um at the roof line which i'll highlight right here is the proposed

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location and the variance is uh required where in the cmx five zoning district the the maximum height

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for a sign, for an accessory wall sign, would be the second floor windowsill.

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And so what we're asking to do is put a sign in this location where actually the prior

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tenant of this building had located a sign.

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That was a Marshalls, another clothing retailer.

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This is a photograph taken while they were in the building.

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and you can see here Marshall's had a sign at this exact location where we are requesting to

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put our sign. I'll show you how you will pull up a sign plan showing some of the details of

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the sign in a moment, but I'd represent to you now that the sign we're proposing is identical

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in size and location as the prior tenant Marshall's had. I'll bring that up now.

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So what we have here is the sign plan. The first page here is just a layout of the floor plan of

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the building. I'll zoom in so you can see it. But on the first floor, you have the CVS's retail space

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on the right side of the building, raw stress fronts in the middle. Then the charter school

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is really on the third floor of the building, but this is their entrance. And the second floor

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floor plan is on the right side of this photo of this site plan here and this shows just again kind

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of where the the tenant space is but as far as the signage that's the details here are on the

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second page and i'll zoom in for you in a moment but there are three signs associate or that

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that are being proposed for the building one of them is the large wall sign which exists today

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there's a canopy sign that hangs from the canopy in front of the front entrance

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and the sign which is that issue this application is right here the roof sign

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you can zoom in a bit so you can see some of the dimensions here but as you can see it's a

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It is a 23-foot-feet long, 24 inches tall, has white channel letters that are eight inches tall, each letter.

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It's a static sign.

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It's not electric.

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It is illuminated.

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and part of the reasoning for a request for a variance one moment I'm trying to see if I can

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get back to the photographs is because as you could as you saw on the the colleges trying to

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get back to okay if you can see from the the the the building photograph on the

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corner where the the sign is being proposed the other tenants are also have

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signage include obviously you have the CVS pharmacy signage above here is the

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free air charter school sign and so it's a bit cluttered in this corner and so

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