civus
Hearing video

ZBA Hearing - June 12, 2024

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

exceed the allowable sign area so we have our exhibits as noted by the chair we did receive

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a letter of non-opposition from both the rco and council member curtis jones we forward missed

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council member jones's letter this morning so we would just ask that the board recognize

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or add council member jones's letter of non-opposition to our exhibits packet at number 13

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okay thank you

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we do provide a deed of for the property noting that it is

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i can't see that but let me see

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it is owned by st joseph's university we have the tax clearance certificate

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photos of posted zoning notices and affidavit of posting

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i apologize i'm trying to enlarge this and

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i'll go to the zoning map

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As noted, this property at 2461 is within the Spins District.

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It is part of and adjacent to the other St. Joseph's University campus, which is also within the Spins District.

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Eileen, take it down so we can see the one.

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And that's cloth, Eileen?

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Oh, let me show you the renderings.

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Okay.

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So here are the textile panels.

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As you can see, they actually have to cover the entire floors of the parking garage to cover the openings.

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These panels not only provide a means of sustaining the building facade, but also provide safety and security.

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This is the artistic embellishment, as you can see.

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it enhances the public realm it beautifies not only the the facade of

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this building but the the streetscape the commercial strip along North 54th

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Street

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these panels will be right here they're going to be within the property line so

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they were they're going to be attached to new framework that's going to be

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new framework that's going to be installed or in the process of being installed now

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installed or in the process of being installed now

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because the original framework that was on this building was deteriorating

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and St. Joseph's University through its examination and maintenance of its buildings

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recognized that it was deteriorating and chose these textile panels

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which are really engineered to protect buildings and protect these openings

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as well as act as a filtration system for the fumes from the cars within the parking garage

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we believe that this application does meet the criteria for grant of the variance

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there is no congestion in the in the public streets it doesn't adversely impact adjacent

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properties it also does not endanger the public health safety or general welfare

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we believe that this application and granted the variance is aligned with the spirit and

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intent of the code because it does act as a beautification and preservation of the public

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realm and to deny the variance really is to prohibit or limit st joseph's university from

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beautifying its own spaces protecting its facilities and buildings as well as providing

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a visual nexus between its buildings throughout the winfield community within the spins district

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we do have as i said if there are any questions we have

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people here on our saint joseph university team that can answer those questions

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you know obviously these drawings were shown to the uh winfield neighbors association right yes

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okay okay why don't you bring some on from st jones to adopt your testimony

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jason massey can you raise your hand

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jason massey please unmute and wait for the chair

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do we see him he's been unmuted sir could you please state your name and spell for the court

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stenographer my name is jason massey j-a-s-o-n-m-a-s-s-e-y right do you swear or affirm

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to tell the truth the whole truth nothing but the truth i do please proceed counsel

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thank you chair bergman uh mr massey you heard my presentation yes and would you say that the

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presentation was accurate it was um one one point of clarification um as you know i'm obligated to

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say that it's not that um the mesh filters the the exhaust i mean in the sense that it lets it

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out of the space and that's what's important but it's not like some sort of special technology

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but that's it everything else was was good thank you for that clarification and if you were to

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testify today would you adopt my presentation as your testimony yes i would thank you why shouldn't

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on the board no chair no chair questions or comments from our attorney hillary emerson

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not at this time mr chair there's a comments from the virtual audience

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chair i see no hands at this time planning commission

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the comprehensive plan recommends no change to the zoning at this location

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the signage requested is appropriate given the use and location therefore pcpc staff recommends

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granting the variance mi 2024 001 844 2461 to 83 north 54th street i vote yes

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the baron leonard palmer my vote is yes ishmael shaheed my vote is yes thank you counsel you

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have your votes? Chairman Bergman, may I enter our exhibits into the record? You can. Thank you.

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That concludes my business. May I please be excused? You can. Thank you very much. Thank you.

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All right. Number 14, MI 2024-002081-4234 Market Street. Joseph Consul is the attorney.

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um there's a letter support from west patten saunders park rco vote was 16 to 6 in support

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the five affected neighbor neighbors present for the vote were all in support

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couch inling got the a has taken a position of non-opposition mr console good afternoon

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could you state your name please and spell for the court stenographer

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Could you state your name, please, and spell it for the court stenographer?

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yeah it's joseph console that's

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Yeah, it's Joseph Consul.

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That's J-O-S-E-P-H, last name Consul, C-O-N-S-O-L-E.

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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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Yes.

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Do you identify your client, the relationship to the property?

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My client is 4234 Market LLC.

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Franklin Todd Ryan is the owner of the property and will be, or the representative of the

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owner of the property and we'll be on this call.

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Attorney General, Vice Chair has a few questions for you, sir.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its act?

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Yes.

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Have you emailed in all the required documents and exhibits that is needed to proceed with

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this case five days in advance of this hearing?

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Yes.

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Thank you, counsel.

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Please proceed and share your screen.

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All right.

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My screen should be up.

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44234 Market Street.

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This property is owned by my client, and he's owned it for a little while.

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There was, if you look on Atlas, an attempt at development a bit back during the pandemic.

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Some funding didn't work out, and this is coming back around to a new project that he has all approved funding for

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and is going to be building a ground-up property.

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uh the lot let me show you a lot what you're seeing here it's surrounded by the presser

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building uh it also um abuts the social security building and another building that was owned by

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presser that for a while he believes was a dialysis center um we are here because

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this is zoned CMX3. He has by right 15 unit property with commercial space on the first

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floor. The issue that we're dealing with is twofold. One, he's seeking a 90.5%

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lot coverage versus the allowable 85%. And he's not providing any parking spaces for

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the three spot for every five units you need one parking space so therefore three are required

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and he's not able to provide them i will address those in one second

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as mentioned we went in front of the rco twice um the first meeting we reviewed uh everything

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and while there was no complaints about anything regarding the number of units or the parking or

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anything like that as laid out it was more um what's the right word uh aesthetic they didn't

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like the way it looked the initial exterior design wasn't to their liking um and so we returned

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after and uh so originally it had um looked i'll go back around to those like this sort of a more

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modern design uh actually no this is that's that's the updated design originally it was more modern

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uh with siding and things like that they wanted to have it uh brick so my clients came back

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with a redesigned building the second meeting was when they took a vote and when we um got the

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support of the RCL. So there's going to be a commercial space on the first floor. Everyone's

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lobbying around, different ideas for it, though nothing's been settled on yet. The plans that we

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included contemplated potentially having a restaurant there, although that may not work

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out where, again, he's going back and forth. They also talked about having a pharmacy there,

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which they thought might be better for the community. So the plans we included show the

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layout, the basement, the first floor plan, and then the second and third through eighth floor

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plan. So the third through eighth floor plans all match. The second floor plan is a little bit

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different because it contains the egress. Now the egress to the back of the property

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uh goes to the uh coverage of the lot we're supposed to be at 85 percent we are in my

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opinion just a minimus above that at 90.5 percent however we're providing full uh required egress

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by the code and um you see on atlas all of these properties are surrounded by a city uh five foot

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wide alley. So we've got egress on the back of the property anyway. So in addition to the space

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provided by my client, even though it's not the full 85% lock coverage, there's an egress as well

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as an alley that will exist in perpetuity for the necessary escape out of the back of the building.

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will exist in perpetuity for the necessary escape out of the back of the building should should

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they need that regarding the parking my client and the community agreed that with the abundant

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public transportation available and the parking in that area that not having those three spots

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was not detrimental and the width of the building itself is less than 18 feet uh so

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the ability to provide a drive aisle and parking the lot is less than 18 feet so the ability to

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provide a drive aisle and parking is not um is not something that he could do on this property

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with with any kind of um uh ability there just wouldn't be a way for him to provide those three

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spots that will be required here. So we believe that that is a necessary hardship, as is the

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amount of space that we need to occupy the property, because in order to have two functioning

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units on each floor, we just need to take up a little bit more space. And we believe that that's

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appropriate. We spoke with the community about a mural program. We are fully aware that one of

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sides of the building is going to have a neighbor um soon enough the side you don't see and that'll

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be developed so we talked about uh of your own the the one side of the building that you do see

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and we'll be working with them in the future to develop that also incidentally this is in a middle

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income overlay so uh 20 of the units are required by code to be middle income and uh on our call

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we had um the councilman's uh assistant who uh helped elucidate what that meant and the

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the neighbor seemed pleased um with with that then i got there that's that's their letter

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also included in my packet

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various other renderings and all the other documents that are required the tax compliance

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as well as the deed.

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That pretty much covers it.

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These are all one bedroom units with one bathroom.

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And again, the number of units is allowable by right.

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We have an elevator as well as the required two stairs for egress.

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And our photos showing the posting.

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and the last thing i guess would be that uh one block down right on the other side of 42nd market

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there is a comparably sized building in height and so we believe and as the neighbors believe

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that there wasn't much of an issue in terms of the height of the building although that wasn't

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something that was on the variance block or anything like that although we do note that

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that's bigger than the presser building, obviously.

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With that, I'll call my client, F. Todd Ryan,

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to raise his virtual hand and adopt my testimony.

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F. Todd Ryan has been unmuted and allowed to speak.

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Mr. Ryan, could you please state your name

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and spell for the stenographer?

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Yes, Franklin Ryan, F-R-A-N-K-L-I-N,

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ryan r-y-a-n swear affirm to tell the truth the whole truth and nothing but the truth

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i do yes council please proceed good afternoon mr ryan did you hear my testimony just now

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regarding your project i did do you agree and adopt it as your own i do is there anything you'd

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like to add to the board not at this time okay thank you nothing further questions from the board

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no chair no questions chair questions or comments from our attorney hillary emerson

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at this time mr chair questions or comments from the virtual audience

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i see no hands at this time chair planning commission

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hello john lavicar planning commission the comprehensive plan recommends no change to

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CMX3 zoning at this location. Considering the site's location on a major corridor and adjacent

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to the Market-Frankford line, the proposal is appropriate for the context, and PCPC staff

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recommends granting the variances. Thank you. MI 2024-002-081-4234 Market Street, I vote yes.

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LeBaron Leonard Palmer, my vote is yes. Ishmael Shaheed, my vote is yes.

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you have your you have your votes counsel thank you chair thank you um hillary uh

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asian lebaron are both involved in this right um yes and mr chair what we're gonna do um because of

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Yes, and Mr. Chair, what we're going to do, because of the technology issues that Mr. Holliman's been having today, you will hear this case, and we'll just hold the vote for you to watch the video of the original hearing.

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the technology

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Absolutely. Thank you very much.

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You're welcome.

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Do you want me to put that in the official record that we're – so MI 2024-002-911-3105?

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to North 16th Street. This case is continued.

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Is there anyone in the virtual audience?

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Mr. Sher, we can hear the case today.

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Oh, okay.

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We can still hear it. We'll just hold the vote so you can watch the video of the original hearing.

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Sure. Okay. All right.

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We have a quorum to hear it today.

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Okay. So, all right.

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So, the order of reconsideration I see, but should I read into the record, Hillary,

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the whole the testimony and evidence etc or no yes please mr chair so the testimony and evidence

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from the february 28 2024 hearing on this matter are incorporated into the record for this hearing

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the scope of this hearing is limited to taking testimony from councilwoman bass's office

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regarding the proposed project as well as discussion of any changes made by the applicant

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since the original hearing then we go down here to your order right

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yes mr chair update from applicant if any

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uh good afternoon mr chair alan knockamson of knockamson pc i represent

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slc real estate llc uh the owner of the property uh and in the virtual audience uh is one of its

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members, Stacy Cooks. We have no updates to the project. We received community support

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to reduce the unit count from three units proposed to two units proposed. I think the issue was due

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