civus
Hearing video

ZBA Hearing - August 31, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 31, 20227h 0m

good afternoon mr chair members of the board hi mr klein could you state your name and spell

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for the court reporter please certainly it's jared klein j-a-r-e-d last name is k-l-e-i-n

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from blank rome 130 north 18th street philadelphia right do you swear a firm to tell the truth the

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truth and nothing but the truth yes i do could you identify your client in relationship to the

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property. Yes, my client's the equitable owner, 3415 Haverford LLC, and Dan Iacovella should be

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joining me on the line today. Our vice chair has a few questions, Mr. Klein. Mr. Klein, do you agree

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to waive the reading of the refusal and stipulate to its accuracy? Yes, I do, Madam Vice Chair.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal

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or referral, photos and or plans of the property five days in advance of this hearing and have

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you met with the RCO and do you have a letter? Yes to all of the above. Okay great you may proceed

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by sharing your screen. Thank you very much. Thank you. So we're here for 3415 Haverford and this is

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So we're here for 3415 Haverford, and this is what I hope is a relatively uncomplicated application.

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The property is zoned CMX2 and is already permitted and is under construction for seven residential units with a ground floor commercial space as required in CMX2.

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What we're seeking to do is replace the ground floor commercial space with a single additional residential unit, so a total of eight in the building, and we're seeking to do so because commercial viability at this location is not strong.

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There's a lot of vacancy in the area, and this section of Haverford Avenue is not a commercial corridor, and we think the best use of the property would be as a residential dwelling unit on that ground floor.

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Just to orient the board to the property, this is the location of the property here.

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There's an existing large apartment complex here.

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There's a firehouse across the street here.

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Zoning, as you can see, is CMX2 with a lot of RM1 multifamily surrounding us on the adjacent blocks.

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Photos of posting of the zoning notice in the window of the property.

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And this is the surrounding area.

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This is the building here.

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It used to be a church.

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What my client is doing is some adaptive reuse of the existing church building.

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They're attempting to preserve as much of it as possible because of this mural that's on the outside, a mural that was important to the surrounding area.

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And so we're doing as much as we can to reuse the existing building.

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This is a view of Haverford.

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This is the firehouse that I mentioned earlier.

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And then there's additional residential and a lot of vacant commercial down at this end of the block.

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This is the new apartment structure that I mentioned previously.

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And these are some apartment buildings that are on the sandblock of Haverford across the street.

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This is the site plan of the building.

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The proposed new unit is going to be a bi-level between the basement and ground floor.

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There are no bedrooms in the basement.

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We're showing bedrooms on the ground floor level and a den slash living space area in the basement.

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We met with the Mantua Civic Association, actually met with them on the sidewalk out in front of the property, and their note of support is indicated here.

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They did not give a letter of explanation, but the attendees generally agreed that residential use in the ground floor here was appropriate, given the surrounding community.

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I'd like now to ask if Dan Iacovella can raise his virtual hand so that he might adopt my testimony.

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Dan, are you out there?

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Chair, I see no one by their name at this time.

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Mr. Klein, you are an officer of the court. We will take your testimony.

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Thank you very much, Mr. Chair. I don't have anything further, but I'm happy to answer any questions the board may have.

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Questions from the board?

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no mr chairman no mr chairman 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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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change the cmx2 commercial mixed use at this location

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and the zoning was supported by the community during a remapping in 2017.

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However, this section of Haverford Avenue is not a major commercial corridor

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and does not currently have high commercial activity.

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Accordingly, the Planning Commission has no objection to the Board granting experience.

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Thank you.

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MI 2022-002-922-3415 Haverford Avenue, I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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James Snell, my vote is yes.

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Thank you all very much.

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Thank you.

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Thank you.

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Number six, MI 2022-003-125, 6410 Rising Senate Avenue.

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So, Alan Nockamson is the attorney.

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Letter of non-opposition from the Longcrest Community Association with proviso listed.

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And a petition signed by 14 neighbors, most of who live on that block.

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And then four letters of support from neighbors.

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Mr. Nockamson is coming back in now as a panelist chair.

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Good afternoon, members.

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Hi, Mr. Nockamson. How are you, sir?

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could you stay now i'm sorry good go a-l-a-n last name knockinson n-o-c-h-u

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good go a-l-a-n last name knockinson n-o-c-h-u-m-s-o-n one two three south broad street

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suite 1600 Philadelphia Pennsylvania one nine one zero right do you do you swear or affirm to tell

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the truth the whole truth nothing but the truth I do could you identify your client the relationship

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to the property yes my client is the property owner design lab rentals LLC and with me in the

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virtual audience is Kristen and Dante Gibbons, the owners of the property. Okay, our Vice Chair

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has a few questions. Hi, Mr. Nockamson. Do you agree to waive the reading of the refusal and

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stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership,

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tax compliance, a copy of the refusal or referral, photos and or plans of the property,

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five days in advance of this hearing and have you met with the RCO and do you have a letter?

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Yes, in all respects. Okay, great. You may proceed by sharing your screen. Thank you very much. Thank

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you. Hi, so today I'm presenting 6410 Rising Sun Avenue. This property is owned by Design Lab

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Rentals LLC. And with me in the virtual audience is Kristen and Dante Givens. Kristen is the

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member of the LLC and they will adopt my testimony at the conclusion of my presentation. And at the

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conclusion, we can answer any questions the board may have about this project. In my presentation

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packet, we have the notice of refusal. So this is a CMX1 property on a commercial corridor.

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uh it's it's strange that it's cmx1 uh because uh there is much cmx2 use um on that block and

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it's very random that there's cmx1 in the middle of the block if this was a cmx uh two property

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this would be a special exception we're seeking rather uh than a variance but either way we are

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confident that we've met our burden for variance a letter of non-opposition from the long crest

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community association actually it was a well-attended meeting of over 40 of 45 individuals

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each one of them voted in non-opposition to the project with certain provisos which we'll share

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with the board a petition of nearby neighbors uh to 6410 rising center avenue a full letter

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a full page of signatures in support of this project as well as letters of support by nearby

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neighbors maps of the area photographs of the property that surround the area floor plans

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showing you uh you know the design of this proposed event planning space our rco meeting notice showing

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that we sent uh notice of this of the community meeting uh to nearby property owners and the

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proof of mailing our application for appeal to the zoning board of adjustments our deeds of

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property showing that design lab rentals llc's the owner of the property and their certificate of tax

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clearance showing they're in good standing with the state Philadelphia again to conclusion my

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presentation. We will have Kristen Gibbons adopt my desk.

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All right, our notice of refusal. So this is a CMX1 property. The proposed uses for an assembly and

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entertainment at first floor in the same building with all other uses as previously approved. No

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sign in this application. And we're being refused because this is a CMX1 property. Again, if this

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was a CMX2 property, this would be a notice of referral, not a notice of refusal.

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and then the letter of non-opposition uh from the long crest community association again we're in the

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long crest section of philadelphia as you can see here 45 people attended the meeting 45 people were

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in non-opposition that typically doesn't happen so i was glad that the community was in non-opposition

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to this project on this project and then here's the letter of non-opposition as well

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that's indicating that they do not oppose the granting of this variance.

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And then here are the provisos.

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Some of them are enforceable that we have no objection to

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as part of any type of notice of decision granting the requested variance

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if the board is so inclined.

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Others are not ones that the board usually puts as part of our proviso.

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So, the ones that, you know, A, mentioned just that Alex Hamilton, Alex Holberg presented the case and that this was an application for a special assembly license in CMX1.

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The second one, capacity will admit to 50 persons.

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We would, you know, gladly accept that as a proviso.

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No cooking permitted on the premises.

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I think that's something that could, I don't know if that's an enforceable one.

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i don't know if that's an enforceable one but if so we would you know be amenable to that

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But if so, we would be amenable to that.

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no alcohol served or permitted again not an enforceable proviso uh they mentioned that

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there was a petition that we showed the same one that we showed you today at the community meeting

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people in support uh they mentioned that uh kristen and dante gibbons were you know present

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at the meeting uh mentioned about security lights and cameras installed at the property that we

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promise that's not enforceable proviso but actually obviously we wouldn't do that and that

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goes you know more towards like the standards for a referral rather than the refusal uh we're

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going to obviously sprinkler the property uh we're going to store our garbage at the rear of the

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property outside so that would be an enforceable proviso um and that we would remove uh we would

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have commercial pickup twice a week which is also an enforceable proviso um we we noted our hours

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that we anticipated at the beginning would be friday saturday and sunday um but you know again

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that was just noting what we're planning to do at the beginning um and that the hours of operation

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would be from 10 a.m to 11 p.m with the building vacated by midnight we again anticipate that we

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would have seven days a week availability from 10 a.m. to midnight. And if the board is inclined

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to put hours of operation as a proviso, we would ask that it would be seven days a week, 10 a.m.

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to midnight. In here, we propose on-site security will be provided after 9 p.m. I don't know if

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that's an enforceable proviso, but that's what we're planning to do. Parking is available across

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the street there's a philadelphia parking authority and you'll see a photograph has a lot

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across the street which kind of goes to the fact that we're not making a detrimental impact to the

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community in terms of traffic congestion or parking um also there's a bus line as well

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because we're on a commercial corridor um and that the owners uh offer to use the property

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for community events if available again not enforceable proviso but something that we're

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willing to do. By way of a motion, 45 people then voted in non-opposition to this project.

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Then before the meeting, we made a concerted effort to meet with our nearby neighbors,

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including the person we have. And again, as you can see from this map, we really focused our

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attention primarily on our block, the individuals or the businesses that would be most directly

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impacted by our proposed use and as you can see uh there was overwhelming support uh we have 17

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properties other than ours that signed signatures in support of our project including our next door

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neighbor and then you know here are the backup data here's the petition that was signed by

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those individuals here are separate letters to support and then the maps of the area again we

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We are on Rising Sun Air Avenue, which is a commercial quarter, as you can see.

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Again, here on this side of the block is CMX2.

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Here next to us is CMX2.

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Then CMX2 is over here.

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But there's an infill of CMX1 properties, which is highly irregular.

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Typically, you know, mid-block, if you're in a commercial quarter, it would not be CMX1,

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especially if you were surrounded by CMX2 throughout.

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out. And if this was a CMX2 property, this would be by way of special exception, not by way of

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variance. And then you can see here just from Google Maps perspective showing that we are

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part of the commercial board. And the photographs of the property, this is our building structure.

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This is the entrance to the event planning space. Here's a separate staircase and entrance for the

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upper uh floor that's where our office is and then you can see from here across the street is the

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parking authority parking lot so there's ample parking on this street plus the public transportation

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as well and then here's rising sun avenue to the right of the property rising sun avenue till

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left of the property and then my client um kristen gibbons has been in the bed planning

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business for some time. And that's why she wanted to open up an event planning space

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that's dedicated, you know, to her events and as well as obviously events within the community.

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But here's an example of some of her work projects for some of her events.

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And then here are plans and drawings. Pretty straightforward. It's all on the first floor.

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again you know the commercial space does have availability for the lower level

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the basement level but there will be no use it's just merely for storage of the business

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but here are the two doors door to the left and the door to the right the door to the left go

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and the door to the right the door to the left goes straight up to the office the door to the

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straight up to the office the door to the right

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right you come into a main lobby area there's two bathrooms a cooking a kitchen area a kitchenette

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no cooking allowed oops no kitchen allowed here and then here's the hallway to the event planning

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space again it's just an open floor plan and that's basically it so and then our rco meeting

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notice we met with the community on august 18th at 6 30 pm it was 73 addresses were notified of

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the meeting but 45 people uh voted so this was a very well attended meeting

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and here are the list of the addresses

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and then proof of mailing to those addresses

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And there are applications for PLW file to the zoning board of adjustment, along with

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our notice of refusal and project information form, our detailed property showing that Design

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Lab Rentals LLC is the owner of the property, and our certificate of tax clearance.

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So with that being said, I'm going to share my screen for a moment.

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I would ask that Ms. Gibbons virtually raise her hand, and then she, you know, take the oath.

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Could you state your name and spell it, please?

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Ms. Gibbons, please unmute yourself and wait for the chair.

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Yes, my name is Christian.

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Sorry, it's better.

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It's okay.

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Could you state your name and spell it, please?

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Kristen, K-R-I-S-T-I-N, Givens, G-I-V-E-N-S.

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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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Proceed.

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Yes, Mrs. Givens, you heard everything I had to say to that.

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Yes.

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And is it doing correct?

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Yes.

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And do you adopt it as your own testimony?

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