civus
Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

I am here today on behalf of 2901 Grant Properties, LLC, the owner of 2901 Grant Avenue,

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and its parent entity, Poverni Sheik Group.

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The Poverni Sheik Group specializes in the development and management

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of self-storage facilities throughout the Mid-Atlantic region.

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They are known for this industrial use.

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Eugene Poverni, CEO, and Shimon Piantor, who's vice president of Poverni Sheik.

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Excuse me, I'm sorry to interrupt.

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Did you spell the company name and the two individuals you just mentioned?

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Yes, I apologize.

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That's Poverni, P-O-V as in Victor, E-R-N-I, Sheik, S-H-E-I-K-H, Poverni Sheik, Eugene Poverni, E-U-G-E-N-E, Poverni, same spelling, Shimon, S-H-I-M-O-N, Cantor, K-A-N-T-E-R, CEO and vice president, respectively.

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Also with us is Matthew Kearse, K-E-A-R-S-E, who is Senior Design Engineer of Fuller Engineering.

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The board has the exhibit package that I've submitted, along with revised proviso plans, which have been shared with Ms. Saleta.

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Members of the board, in the midst of the present pandemic, which continues to wreak havoc on so many sectors of our economy,

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and at a time when job stability remains a challenge, the proposal before the board concerns

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the efforts of this property owner to preserve their existing industrial campus.

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The subject property is approximately 375,000 square feet in size. Hopefully you see that on

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the screen it's surrounded with the red property line so that you can get a sense of it the

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property is owned i2 medium industrial the industrial campus is home to a cube smart

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self-storage facility i'm showing you the location with with the hand maybe i should

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actually zoom in a little bit. So the CubeSmart is here in the rear. A daycare center exists on

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this industrial site, which provides child care to employees in many of the industrial businesses in

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this area. And I should note it predates Poverni Chic's acquisition of the property. The child

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care center has been there for some 30 years, serving approximately 100 children on site per

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day a few more photos by way of background i'm going to pull out here

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on the right hand side is grant avenue and you'll see a curb cut leading into

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the industrial park the large self-storage that i mentioned the child care that i'm pointing to

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right now we'll talk about the proposal in a moment let me just show you a couple more

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photos. I think these aerials do a nice job for such a large site to help put it

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in perspective. Again, the one curb cut in and out, the self-storage in the rear,

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the childcare in front. I'd also like to note that CubeSmart is expanding at this

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site and is under construction to increase its footprint, which is

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wonderful for the neighborhood, the city, and the future of industrial here. That's

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not before the board, it's a permitted use. That would occur in the location here that

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I'm indicating in front of the existing buildings. And just another photograph, again, showing

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you that the site here, just another view of it. In order to support the existing industrial

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uses that I've described on site and in the immediate vicinity the property

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owner has proposed that a very small area of the site be utilized for a new

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food service use so if you look right off of Grand Avenue at the green area

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where I'm showing you with the cursor that would be the proposed new 1720

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square foot building miniscule on the almost 376,000 square foot campus so

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almost 376 000 square foot campus so minuscule i can't even do the math in my head to tell you

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miniscule I can't even do them

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the small percentage that that takes up i'd like to move to a couple other photographs here is

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a photograph taken from grant avenue showing that entrance and showing the potential area on the

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grass where the small food service might go and another photograph also showing the location

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there's only one curb cut the curb cut to the left is the neighboring property

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the campus itself does not have a cafeteria it does not have food service used to support the

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existing on-site businesses this would fill that need to keep the industrial campus viable

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whether it's a starbucks or a dunkin donuts or something else the area is not walkable

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unfortunately in fact certain sections of the uh of grand avenue do not even have pedestrian

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sidewalks so here in this photograph you can see some pedestrian sidewalk on the right but on the

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left uh it is it's not a uh maintained uh sidewalk and there are other instances of that as you move

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along uh it's simply not it's not walkable we would absolutely concede and i'm going to move

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back a photo or two uh here we go we would concede that if you go from this site all the way along

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ground avenue towards roosevelt boulevard that there are food service options within a drive of

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the site but not safely on foot the proposed building bear with me also while i come back

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here we go on this photo the proposed building is also immediately adjacent to a stormwater easement

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and the wooden bridge run creek you can see it in the photograph that restricts the use of the area

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for larger, more characteristically industrial permitted uses.

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Beginning in early September, I attempted to schedule a meeting with the coordinating RCO,

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Walton Park Civic Association.

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I've described the unfortunate nature of where we are in that matter.

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And unfortunately, it appears that there is opposition.

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I don't know the extent of it since we weren't able to have any discussions,

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but there is opposition to this 1,720-square-foot supportive use,

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which might be seen by some as a threat to the industrial park.

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Let me underscore that Poverni Chic is in the business of self-storage, which is industrial.

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They are expanding, which is a permitted use, the use that's welcomed in the industrial park.

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They are expanding that current self-storage with a new building.

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There is no intention to encroach on the industrial nature of the site.

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Rather, there is a desire to support it.

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Would it be different, members of the board, if within the structure there was a small commissary?

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This is needed on the site.

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A notice of refusal was issued for two reasons.

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One, because eating and drinking establishments are not permitted in the I-2 industrial district.

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and, two, the proposed drive-through lane must be set back at least 20 feet from the property line,

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something which really contemplates more of a residential surrounding area, which is not here.

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But most importantly for the board's consideration,

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the plans have been revised following extensive discussions with the Philadelphia City Planning Commission.

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Let me move to those plans.

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And on the left hand side, and I'm going to zoom in in a moment, but on the left hand side, you see the entire site again at the back here at the top of the page is the existing CubeSmart connected to it is the existing daycare nonconforming, which has been there, was approved by the zoning board over 30 years ago.

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i looked at the l and i records below it in the large gray box is the site under construction

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right now of the additional self-storage and then just off of grant avenue is the proposed

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food service a a takeout uh with drive-through and you'll see in the right corner and i'm going to

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blow this up a little bit for the board and move it over maybe even a touch more there we go

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Let me go through the provisions, which incorporated feedback from the Planning Commission.

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We met with Paula Brumbelow-Burns and Sarah Chu of the Planning Commission on virtual meetings at least two times and had additional discussions and emails to discuss this.

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We met with Paula Brumbalo-Burns and Sarah Chu of the Planning Commission.

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Number one, we're providing a larger stacking lane.

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This is something that the City Planning Commission has realized is ever more important, particularly in the pandemic when so many people are going to drive-throughs and they think it's good practice for the future.

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So we added that. We added the bypass lane, which you see on the upper right.

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We removed parking, which had previously been on the left side here and would have required those with vehicles to cross over the sole curb cut in and out, the sole aisle in and out of this center.

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so we've moved that away we've added parking on the northern side of the

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building with a safe crosswalk to get to this proposed food establishment and we

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have reconfigured the main drive aisle itself for better circulation additional

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notes that aren't specifically zoning but there's outdoor seating that's been

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added as a suggestion and landscaping between the property line and the stacking lane

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these improvements address public safety concerns that were legitimately raised by

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the planning commission and i'm pleased that we were able to work with the planning commission

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in that regard the proposed food establishment would provide an essential service to employees

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in the industrial park and in the surrounding area serving people working on site as well as

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the parents dropping off their children at the daycare center i'm going to move now to

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here is a expression of support from cube smart noting that a drive-through restaurant retailer

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on the front parcel at 2901 grand avenue would be a benefit to the center we strongly believe

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as a tenant at the location that such a retailer would be very supportive of our business the just

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children child care center also noted this would be an asset to the complex uh the revised plans

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themselves have been designed in such a way that they would only allow a right turn only out of

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the park so that I-95 is close by and some might say that this could attract people outside of the

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industrial park who might be heading out of the city to work but with the right turn only out

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It would really focus on those on site or close by and those headed towards Philadelphia, not away.

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So benefiting workers in the city of Philadelphia.

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The proposed restaurant would complement the industrial uses.

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And it would do so in an area where very little can be done due to the creek that I had shared with you in the photographs.

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and I'll just bring that up again

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so you can look at that as I'm speaking.

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Okay, Mr. Laver, with all due respect,

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if you can summarize, we'd appreciate that.

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In summary, Mr. Chairman,

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you have a non-conforming use,

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you have industrial,

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you have a owner who has a history

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and a current track record of supporting industrial.

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The variance requested is the minimum necessary

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to support relief at this site.

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we have the full team here with any questions that might come up. Thank you.

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Want to bring your client on to adopt your testimony? Yes, please. Mr. Cantor, Shimon

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Cantor, would you please raise your virtual hand so that you can be sworn in? And sir,

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when you get on, would you please identify yourself, spell your first and last name,

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and then I'll swear you in. Sure. My virtual hand is raised. First name is Shimon, S-H-I-M-O-N.

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last name is Cantor, K-A-N-T-E-R. Can you swear and affirm to tell the truth, the whole truth,

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nothing but the truth? I do. Thank you, Mr. Cantor. Have you been present for the entirety of this

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case before the zoning board? I have. Would you adopt and affirm the testimony that I've offered

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as your own? I do. Is there anything additional that you'd like to share with the zoning board

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noting the late uh hour that's upon us uh no thank you thank you for that thank you um

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questions from the board no no anyone would like to testify in this case

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

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no hands mr chair thank you planning commission

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sir ron bednar city planning property is indicated for industrial use on the city plan

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the applicant has not demonstrated necessary hardship regarding use requirements of the code

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Despite technical details reviewed by our staff, the plan and the primary driveway will still be shared between both the daycare and industrial use.

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We believe the application represents an incompatible use that's not consistent with our adopted district plan.

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We believe that the proposed use would be more appropriately located in nearby commercially zoned areas at Roosevelt Boulevard, Bluegrass Road, or Academy Road,

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which each are less than one-half mile away from this subjected property.

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Therefore, we recommend that the request for various not be granted.

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i thought there was an agreement or maybe i misunderstood you mr labor between you and

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the planning commission i was i was not told that there was an agreement i we i did not meet with

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mr bednar although i shared the plans with him i'm not faulting ron by the way i met with his

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colleagues and the revised proviso plans incorporate the safety concerns of uh the

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planning commission officials with whom I met. On the issue of the retail commercial that's

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further away, I would state once again it is not within walking distance. The primary intent is

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to be supportive of the on-site and nearby industrial. Thank you. And you said you have

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revised plans yes sir how many pages uh it is um one one page okay thank you

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zero zero one two eight nine two nine oh one grant avenue my vote is yes with the proviso

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revised plan one page approved today my vote is yes with proviso yes with proviso yes with

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members of the board thank you good luck tonight thank you thank you send dinner in

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calendar number zero zero one nine 2100 south opal street

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Is there anyone here for South Opal Street, 2100 South Opal?

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One more time. Is anyone here for 2100 South Opal?

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Thank you, Jason. Tanya, has this case been continued before?

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um quite a few times since november 2019 so we can do a must be heard if you wish

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yep that's why i'm asking thank you and excuse me this is sharon selena we also have no exhibits on

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this one okay zero one nine 2100 south opals continued must be heard and if i could just

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mention this is the one from the transition to the new database so we would put on record that

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the zoning board will have jason reach out directly to the applicant not noted thank you

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thank you calendar number zero two six seven twenty one hundred mcgee avenue the attorney is engine

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jen has been promoted to a panelist sir good evening mr jen please identify yourself with

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record good evening and uh you've already you're still under oath from this more earlier today

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you agree to waive the reading of the refusal and stipulate to its accuracy

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i do and have you emailed an exhibit packet with the required documents consisting of proof of

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ownership tax compliance refusal or referral photos and plans five days prior to this hearing

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and have you met with the rco and do you have a letter yes to all welcome thank you good evening

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I'm going to share with the board the information we provided.

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This is, what we provided is a copy of the refusal, the community letter from

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So what we provided is a copy of the refusal, the community letter from Take Back Your Neighborhood, photos, plans, tax compliance.

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Okay.

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This is a commercial lease, so the tenant will be the one operating the actual business, deed, application, project information sheet, and the hearing notice.

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This application is refused because this property is a RSA-5 property.

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However, I want to point out that historically, this property has always had a commercial-type use for many years in the unit that we're seeking the current use, which is a proposed nail and beauty salon.

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The basement has also two families above that is also existing for many years.

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as the even the refusal indicates there were prior uses accessories such as a real estate

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office as well as a retail sale business cards that was at this exact location so the unit

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in question has already been set up in a way to essentially be a commercial use unit I'm going to

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go ahead and show where the access of the unit is this is obviously going to require additional

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repairs but as you can see this was at one point some kind of commercial use as well even prior to

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this particular application the property of course would be further repaired and all building codes

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met should the zoning board permit the use itself as you can see this is a corner property and it

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has again existing multi-family above the building sits on a block that has residential but also

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similar corner commercial in some parts of the street. So it's not totally out of character

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with the entire neighborhood. When we met with Take Back Your Neighborhood, we did not get a

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formal letter, but an email was sent that indicates that they are not in opposition

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to the required variance. And again, this is predominantly because of the history of the

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property. And to now demand that it has a substantial change would be a difficult task

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for the owner as well as the proposed tenant. The property itself will be used as a, again,

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a nail salon and beauty salon with a limited number of pedicure, manicure areas and a facial

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wax room. As you can see, there are access from the street for every, all rooms, as well as a

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bathroom that's handicap accessible available to all so with the community support and the history

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of the property we would ask the board's consideration in approving this variance request

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i'm certainly happy to answer any questions from the board regarding this application

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do you have your client available to adopt your testimony yes i believe my client should be here

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either Karen Tu or Ann should be present. Ann Lee might be present.

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