civus
Hearing video

ZBA Hearing - June 12, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 12, 20245h 17m

you for your expertise as an architect and Tom thank you your personality allowed you to become

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a part of a team. And Tom, you were always the first one when we had a complicated case to say,

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hey, let's go to executive session. And an executive session, you really knew how to

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define things and work with people and really come to, I guess, conclusions on where we wanted to be.

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So for Tom, I got to tell you, I enjoyed working with you. You're just a great person that was on

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this board. I know you're going back to your work even harder on your own practice. Everybody wants

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to say something, Tom, but as usual, we always, always listen to Tanya. So Tanya just wants to

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say a couple words about you. Thank you so very kindly, Chair. I just wanted to say it's been a

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pleasure. I had no worries. I don't think I've talked to Tom over the past eight years too often

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about making sure that he was available to be at the board meetings or to be here for hearings.

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I just want to say it's been a pleasure for me and the staff to work with Tom and his professionalism is always appreciated.

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And his professionalism is always appreciated.

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So thank you and enjoy the rest of your life, sir.

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So thank you and enjoy the rest.

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Thank you, Chair.

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Thank you, Tom.

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Can you hear me, Tanya?

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Yes, I can, Tom.

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So can the rest of the people.

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Thank you, Bill, for those very kind words.

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And thank you, Tanya.

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I've been on the zoning board for eight years.

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I was 70 when I started.

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I have enjoyed the opportunity over the years to serve the public.

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I want to thank everybody for supporting me to be here so long.

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I want to thank Kenyatta Johnson, now council president, for recommending me to the zoning board.

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I want to thank you, Tonya, for letting me know what I should or should not do as a zoning board member.

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I want to thank Hillary for her excellent summaries in order to prepare us for all of the zoning cases.

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I want to thank Bill for his wisdom as chairman of the zoning board.

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I want to thank the zoning board staff for making sure my loud voice is in check.

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And finally, I want to welcome all of the new zoning board members.

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God bless.

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Thank you.

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Thank you, Tom.

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Thank you, Chair.

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Bye, Tom.

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I'm sorry.

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You have questions.

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All right.

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So as I continue, also present here is our attorney, Hillary Emerson, and our executive

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director, Tanya Sumpkin.

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Here's our format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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Video will be available by contacting tonyasunkett at phillis.gov.

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For our court's sonography, we ask attorneys and witnesses to identify themselves before they testify.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter the period of statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question box on the screen, it's not for comments or testimony.

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All comments should be directed to our executive director, Tanya Sunkit.

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Let's look at our schedule before we start.

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Number three.

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MI 2024, 001-411-1104 North 42nd Street.

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That case is continued.

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Number seven, MI 2024-001-795-4999 Linden Avenue, that case is continued.

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And number 11, number 11, MI 2024-001-813-5025 North Fish Street, that case has been continued. Are there any other requests for continuance?

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good afternoon chair this is yvette benton i'll be your co-host for today

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thank you no hands at this time okay and then number 13 mi 2024 001 846 2546 and one half

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north 32nd street that case has been withdrawn we're going to go to our add-on list excuse me

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chair yep we have a peter mcdermott with their hand up okay they have been unmuted and allowed

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to speak i'm mr mcdermott could you please state your name and spell for the court stenographer

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yeah it's peter mcdermott it's m-c-d-e-r-m-o-t-t all right what case do you want to hold on do you

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swear or affirm to tell the truth the whole truth and nothing but the truth i do sir what case do

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you want to talk about? Good afternoon, Chairman Bergman. I was on the call, and my other partners

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were all on the call, related to 4999 Linden Avenue. You just stated that the case was

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continued. Do you have a date? We do not yet. Let me see here. Only because the summer's coming up,

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sir. No, I do not have the date, but we will figure out where that is, and you can contact

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the office and we'll let you know but we do not have it at this point thank you sir all right

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thank you for much for calling in you got it thank you is there anyone else in the audience has

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containers for a question chair we have a caesar lawyer with his hand up they have been unmuted

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and allowed to speak hi sir could you please state your name and spell for the stenographer

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Hey, how you doing? Can you guys hear me?

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I can.

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My name is Cesar Loya, 5025 North 5th Street.

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Could you spell your name, please, for the court sonographer?

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It's C-E-S-A-R, last name Loya, L-O-Y-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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Great. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Yes, sir.

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What case?

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What case are you interested in?

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So it's the case 2024-001. I have a different numbers.

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What's the location?

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It's 50-20.

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Oh, I see. Yep. Yeah. So, yeah. So we didn't have all the submitted. All the packages weren't in on a particular by 5 p.m. on 6-11. They had to be here.

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and they were not here, and we have a chance to look at it,

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we have to continue that case.

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So I just have a couple things to say because...

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Well, hold on, hold on.

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If you have things to say, what I want you to do is call the office and tell them.

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Okay?

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He's been muted, Chair.

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You can continue.

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Thank you very much.

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I appreciate it.

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Okay, so we're going to go to our add-on list.

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Let's see here.

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Number one, MI 2021-005-028-234-230-West Topahokin Street. Appeal denied.

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Thomas Holloman, appeal denied.

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Ishmael Shahid, appeal denied.

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Thank you. Number two, MI-2022-007-347-224-230 West Topahokan Street. I vote no.

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Thomas Holloman, I vote no.

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Ishmael Shaheed, my vote is no.

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Number three, MI-2023-001-213-301 Delmar Street. I vote yes with proviso.

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Revised plans, one-paged, stamped by ZBA on June 12, 2024.

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Thomas Coleman, my vote is yes with Proviso.

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Dishmael Shaheed, my vote is yes with Proviso.

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Number four, MI 2022-007-475-2120-22 West Tioga Street.

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I vote yes with Proviso.

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1. Interior Trash Storage. 2. Temporary Variants to Expire. 6-12-27.

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Thomas Holloman, my vote is yes with proviso.

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This is Shimon Shahid, my vote is yes with proviso.

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Number 5, 2023-000112-812 North Uber Street.

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I vote yes with proviso.

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Her amended refusal dated 5-28-24.

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Thomas Holloman, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Number six, MI 2023-000113, 814 North Uber Street.

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I vote yes with proviso.

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Her amended refusal dated 5-28-24.

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number seven mi2023 007031 4714 brissom street the vote in this matter has been rescheduled to

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Wednesday, June 26th at 2 p.m. Number eight, MI 2024-000806-439 West

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Burke Street. Hold on. I vote yes with proviso. Revised plans, one page, stamped

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by ZBA June 12, 2024, the new MIN Overlay District Applicant Acknowledgement Form must

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be reviewed by the Planning Commission prior to permit issuance.

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I'm a columnist.

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My vote is yes with proviso.

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Ishmael Shaheed.

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My vote is yes with proviso.

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And number nine, MI-2023-004-268-6600 Lansdowne Avenue, I vote no.

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Thomas Coleman, I vote no.

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Ishmael Shaheed, my vote is no.

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Thank you.

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We're going to go to our record list.

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Excuse me, Mr. Chair.

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Our Mr. LeBaron, messing up your name.

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LeBaron needs to vote on that last one instead of Mr. Shahid.

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Okay.

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LeBaron, I'll call it again.

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Okay.

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And by 2023-004-268-6600 Lansdowne Avenue, I vote no.

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6,600 Lansdowne Avenue, I vote no.

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Thomas Holliman, my vote is no.

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LeBaron Leonard Palmer, my vote is no.

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Thank you, LeBaron, and thank you, Hillary.

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We're going to go to case number one.

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MI 2024-000-424-4301 Bybury Road, number A.

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David Tusty is the attorney for the owner.

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there's a letter of support from milbrick civic association a letter of non-opposition from

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council member o'neill

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david to shitty please raise your virtual hand

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he's coming back in as a panelist now chair okay chair i'm sorry i just wanted to make sure

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mr halliman is no longer necessary i said we're fine thank you we're fine right hillary um we

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will need him for a reconsideration hearing at the end of the 2 p.m list okay thanks thank you

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good afternoon counsel could you please state your name and spell for the courts sure uh

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David Schutte, last name is spelled T-S-H-U-D-Y.

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I am with Troutman Pepper Hamilton Sanders LLP,

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and we represent Walmart Real Estate Business Trust, the applicant in this matter.

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

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I do.

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Our vice chair has just a few questions for you, sir.

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Sure.

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Good afternoon, counsel.

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Do you agree to waive the written of the refusal or stipulate to its accuracy?

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I agree to that.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes, I did.

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Thank you, counsel. Please proceed and share your screen.

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Certainly. Let me share my screen.

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And also with me is also also on within the virtual room right now is Kelly Halstead, lead counsel for real estate for Walmart, if she could also be brought in.

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Is she going to testify or you'll bring her on to adopt your testimony?

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She's going to be brought on to adopt my testimony.

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OK, thank you.

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Sure. This is an application for special exception for the property at 4301 Byberry Road.

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The property currently measures 11.7 acres and is currently improved with about 180,000 square foot Walmart store,

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which has received all the necessary permits to allow for retail sales of consumer goods at the property.

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The applicant has owned the property since 2012, and the property is located in the CA2 zoning district.

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Recently, Walmart has started an online tire sales program in its stores nationally, in which its customers are able to order tires online for their vehicle and then pick those tires up at the store.

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Several months ago, when this program was being rolled out in Philadelphia, Walmart requested a business license for tire sales.

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And it was that time that it realized that a special exception is required for the use of vehicle equipment and sales supplies rental in the CA2 district.

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Going through the exhibit booklet, a referral was issued by L&I on December 27, 2023.

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Thereafter, an application was filed with this board on January 22, 2024, requesting the special exception for this use.

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The exhibit booklet also includes Exhibit 4, which is the vesting deed into the applicant's ownership, again, dated November 16, 2012.

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Uh, property was properly posted, uh, two times, uh, once prior to the April hearing and then prior to this hearing.

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And that, uh, that's evidenced by exhibit seven and exhibits nine, 10, and 11 evidence the proper notification of the nearby property owners.

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And we'll get down to there.

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Uh, and then, um, let's see.

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Let's see. On March 26, 2024, the applicant and I met with the Millbrook Civic Association, and following that meeting, the Millbrook Civic Association took a vote of 27 in favor and 6 not in favor of the special exception application.

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so

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I

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And as mentioned earlier, Councilman O'Neill has also issued a letter of no objection.

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Again, this application is to allow for the online tire sales use.

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Again, this use does not include any vehicle repair on the property or in the parking lot.

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And it does not include any higher disposal within the parking lot either.

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Rather, there is no expansion to the existing building contemplated by this application or any new improvements required by this application or requested by this application.

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The application meets all of the specific criteria for this use.

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In the zoning code and also meets the specific requirements as to the detrimental impacts on the neighborhood, as it will not cause any congestion to the public streets or transportation system, cause any overcrowding or impair any adequate supply of light or air to any adjacent properties, burn any water, sewer, school park or other public facilities.

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or impair or injure any use adjacent to this property

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