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Hearing video

ZBA Hearing - October 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20217h 13m

She's the principal of the company and the applicant.

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it. This is my table of contents, exhibits AA through A11, and I'll go through them as quickly

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as possible. I realize that the time is late. This is my appearance statement. This is a refusal.

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So this is a rather large building in an RSA3 zone on the 1500 block of Spruce Street. It's

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always been used as multifamily, and when my client acquired it and started to renovate it,

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learned that it really wasn't, the zoning files did not accurately reflect what the property was

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used as. It was used as a two-family dwelling. And the reason we know that is it was a sprinkler

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permit in the file indicating a two-family use. And I also have some historical record to show you

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that it was actually used for more than two families at several periods in the past.

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So we met with the Garden Court Community Association, and we got their almost unanimous support, eight to zero.

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And they outlined pretty succinctly the reasons for their support, and it's really the reasons for our application.

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They've indicated that the building was multifamily for a long time.

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The block is mainly three to five-story twins, mostly multifamily.

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They don't believe that single family is warranted in this neighborhood,

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nor do we, because the homes are rather large,

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and it would be a rather expensive proposition.

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It's also on the outskirts of a college,

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and there's a lot of access to public transportation

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to get to and from any location in the city.

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Here's some photographs.

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This is Spruce Street.

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It's a very wide street.

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This is the building here.

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this is looking west, a large open parking spot. This is the property here. You can see that we're

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not asking for any increase in height, rear yard, or open space. We're simply asking that the two

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family use of this property be legalized. Again, some other properties on the block,

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most of which are multifamily already. Here is our property here.

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just some more perspective photographs for you

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this is the property line this is the outline of the building envelope again no increases in

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the front or back this is all existing the only really construction that's required with this

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application is one partition wall of about four to five feet this is the first floor plan we have

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one bedroom with a living room. On the second floor, there's an additional bedroom. And on the

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third floor, which is a standalone apartment, is one bedroom. So we have one two-bedroom and one

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one-bedroom. This is our tax certification, my application for appeal, the zoning map,

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the deed. And I just wanted to get to, this is our letter, our certification of mailing.

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and this is a summary of what this property used to be used for. In the 60s it was eight family,

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2005 it was three family, 2005 it's two family and I referenced the sprinkler permit earlier

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which indicates two family. So I'm not going to go through each of the history of this property

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but I do want to show you one other summary. This is a summary of all the other properties

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from the 1,500 block of Spruce Street.

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You can see it ranges from two-family to several six-family, numerous four-family, and several three-families.

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So not to beat this more, but these are all the supporting documents that are referenced in my summary.

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And with the board's approval, I won't go through each of them.

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I can represent that these outline of the uses of these properties on the street are supported by the documents that I have adjacent.

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So in summary, basically you have a unique physical circumstance here, a large two-story, actually three-story building, always used as multifamily.

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It doesn't really affect the essential character of the neighborhood.

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The neighborhood already is multifamily.

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We also are in harmony with the code, and I believe we're in harmony with the community group because they've already almost unanimously in support of this project.

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So I will field any questions that the board may have, and I have my client here to adopt

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my testimony.

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Like you stated, Mr. Clinton, the RCO, Garden Court Community Association has given

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Like you stated, Mr. Clinton, the RCO, Guard and Court Community Association, has given a letter of support.

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Go right ahead if your client is ready.

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All right.

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Ms. LaFaldi, can you raise your hand in the virtual room, please?

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And if she could be on mute.

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She's been allowed to speak.

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Hello.

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Hello.

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Could you please state your name and address for the record?

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Jessica Cifaldi, 2417 Welsh Road, Suite 209, Philadelphia, PA, 19114.

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Okay.

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And 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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Okay, great.

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Please proceed.

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Good afternoon, Ms. Cifaldi.

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Have you heard my testimony today?

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Yes, I have.

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And you were on this call for the entire presentation?

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Yes, I have been.

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and if you had the opportunity to testify would you adopt my testimony as your own and as true

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and correct i do thank you very much uh chairman chanel just one other thing there's also a letter

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not in my uh summation but it was sent i think independently to miss saletta and miss sunkett

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from the west philadelphia economic development council mr kyle sampson and that's also a letter

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support just for the record okay uh noted um does uh is there anyone else that wants to speak on

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this matter no hands chair no hands thank you uh any questions from the board no no questions all

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Alrighty. Planning Commission. Yes, this is Ron Bednar, City Planning. Spelling in my name is

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R-O-N, last name Bednar, B-E-D-N-A-R. All right, Ron. Good afternoon, Ron. How you doing?

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Let's get you sworn in. Do you swear or affirm to tell the truth, the whole truth and nothing

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but the truth? I do. All right, great. Proceed, please. Comprehensive plan recommends no change

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the existing residential single-family zoning. We have no objection to the application not

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including parking with this proposal. There is a documented history on the zoning file from

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2005 of multi-family buildings at this location. Therefore, we recommended the best

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the board grant the variance all right great Ron thank you okay calendar number MI-2021-0025875030

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Spruce Street my vote is yes Thomas Holloman my vote is yes John Munlock my vote is yes

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thank you very much great thank you

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calendar number mi-2021-002583 5675 north front street

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i believe wade albert is uh representing

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and he's coming in now as a panelist thanks lakeisha thank you

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good afternoon or good evening good afternoon sir please state your name and address for the record

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sure my name is wade albert a-l-b-e-r-t of stevens and lee uh 1500 market street east tower uh sweet

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1800 uh philadelphia pa 19102 all righty got a couple questions for you uh do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? I do. All right. Do you agree to

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waive the reading of the refusal and stipulate to its accuracy? Yes. Also, have you emailed an

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exhibit packet with the required documents, proof of ownership, proof of tax compliance,

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copy of the refusal or referral, and plans and photos five days prior to this hearing?

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Yes, I have. All right. And finally, have you met with the RCO and do you have a letter?

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There is no RCO, but in place of the RCO, there was a meeting from Councilperson Parker, and yes, we do have a letter.

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Oh, yes. No, you're right about that. Sorry about that. I'm looking at that now.

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Okay, sounds good. Please proceed.

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Thank you so much. I'm just going to share my screen real fast.

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I'm sure you can see that, and I'm going to hopefully be very brief and go through the package.

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I don't think this is a very controversial matter.

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At bottom, this is an application that relates to a sign that Burlington Stores,

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formerly we all know as Burlington Coat Factory, seeks to open at 1 and Alney Shopping Center,

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located at the intersection of Front and Alney. Like all the other stores that are in that shopping

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Like all the other stores that are in that shopping center, the property is zoned CA1.

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Center, the

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At present, the location of this store is vacant, and I understand it has been for some time.

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And the sign is designed by ImageOne Industries.

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And later in my presentation, I'm going to have Teresa Freni from ImageOne to present some information about the sign.

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So very briefly we'll take you through the package.

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Exhibit B is the refusal. You can see that we've been refused because the sign is a flat wall sign

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that the height is higher than the requirements in table 149041. And that requirement is that

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the sign can't be higher than the roof line or the parapet. And in this case we're going to see

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that the the sign goes up a little bit higher than the than the parapet wall um we have the appeal

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documents um exhibit d is the uh it's a letter from the owner of the shopping center uh proving

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us to uh seek the relief that we're trying to get here uh we have a copy of the lease agreement with

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Burlington. And so at this point I'm going to turn it over to Teresa Freni if she's available

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just to discuss the dimensions of the sign and some of the mechanics of the sign and the location

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in respect to the shopping center and the community. So if Teresa's here, can you, can I call on you?

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I'm not seeing nobody by that name. May she raise her hand?

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there she is and she's been allowed to speak

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oh good afternoon miss franny how are you good afternoon i'm fine how are you good good could

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you please state your name and address for the record and and spell spell your last name name

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is Theresa Freni, T-H-E-R-E-S-A. Last name is F-R-E-N-I. I'm with ImageOne Industries,

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which is at 677 Dunks Ferry Road in Ben Salem, PA. All righty, thank you. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? I do. All righty, thank you. Please

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proceed the variance that we're seeking is for the barlington to exceed the roof line and the parapet

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um as you'll see in in the exhibits the shopping center is below um if we could go to the next

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The next drawing here, this did have preliminary zoning review and received a letter, the comments

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from the letter up here in the right hand side.

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The store frontage is 166 feet, 11 inches, where signage is allowed per code with that

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That frontage is 1,669.17 square feet.

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So the amount of signs and the size of the sign complies to code.

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If you go to the next exhibit, as you'll see here, the roofline is 25, I'm sorry, the

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parapet is 25 feet from grade, the lower part. The facade complies to height code, which is 38 feet

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from ground up, and that complies to 35 feet. Although our sign for Burlington is above the

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roof line and parapet if we scroll down a little bit lower you will see the side

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view showing this is the existing this is the the building and this is the

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facade structure this is a sign right here and we are

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I can't there we go keep yeah thank you thank you um the sign is four foot six above the parapet

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now the reason for this if you would like to go to um scroll down to the next

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Scroll down to the next view.

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this is the

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This is the shopping center and the location.

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This is the vacant building that Burlington is taking up.

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You'll notice that across the street, we're not directly in front of any residentials.

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We're facing the other part of the shopping center.

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If you could scroll down a little bit more.

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there's a shopping center and barlington is located if we go down to the next one

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there we go down what there we go

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down at the end of the uh the shopping center

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now the power if you if you look at the way the shopping center is just to explain this is what

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this is the roof line and that's the parapet you can see on the opposite side from this

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this aerial photo so all the way to the right hand side of the screen where the

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building set starts to have a angle that is where burlington is going to be okay so pretty far away

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it's pretty set back um away from the the whole shopping centers and entrances

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so if we go down a little bit more

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the next exhibit yeah this is this is the back of uh this is a location that was done um i believe

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north jersey this is the brand of burlington they're trying to get away from the label of coat

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factory so they're trying to be extremely consistent with all the frontages of their

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of their stores this particular site here has a very high roof line so there wasn't an issue

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there but i'm showing this just so you have an idea what the complete picture will look like okay

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um and one last thing if you comply to code and bring that sign below the roof line

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it reduces the size to three feet it's not visually the brand of burlington

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and it really doesn't look very good and it'll be hard to see from a distance

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so our variance is to extend above the roof line and the parapet

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so thank you teresa so i'll just go through the rest of the packet very very quickly

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um costing the zoning notice uh tax clearance um as i indicated earlier that there there is no

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um coordinating rco for this this property and so the community meeting was held by councilwoman

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parker um at the the meeting um that there were not many people in attendance to um to uh have

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any input on the project and ultimately um the council person uh said the community is not taking

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a position they attempted to follow up with them and to get their the input from the members in

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attendance and um it didn't seem to be a lot of interest which um i take it to mean that there

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there really is no opposition from the community um and so with regard to that um as a separate

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matter councilwoman parker uh uh indicated in her letter that she was not opposing the granting of

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the variance in this matter um i think that's that's really all of my materials um go back to

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a picture of the of what this sign would look like but i um actually before i end um uh

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miss uh theresa miss branny um you in addition to your testimony did you hear the other uh

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statements and testimony that i presented

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yeah um and would you were they true and accurate yes they were and would you adopt them as your own

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yeah and with that i i uh welcome any questions okay great and and just uh to reiterate for the

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record uh council member sherelle parker uh is not opposed to this that is correct no community

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opposition either so is there anyone else here to speak on this matter mr snow i have miss hillary

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Emerson with her hand raised. I will move to speak at this time. Alrighty, thanks.

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Good afternoon, Mr. Chair, members of the board. Hillary Emerson,

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E-M-E-R-S-O-N, on behalf of Councilwoman Sherelle Parker.

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

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Great, Hillary. Do you swear or affirm to tell the truth, the whole truth, and nothing

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I do. I was just here to just provide any clarity if there were any questions.

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Mr. Albert has, as he's indicated, we did not get definitive feedback from the community.

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There was one neighbor who attended the meeting, but she was on the phone, so we sent her the information so she could see it

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attempted multiple times to follow up with her and weren't able to um to do so um so the community

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we did not feel that we could give the community a position without having um any input but the

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councilwoman herself does not oppose the granting of the variance in this matter all right thank you

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very much uh does the board have any questions no no questions all righty uh planning commission

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Ron Bednar, City Planning. The comprehensive plan recommends no change to the commercial

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shopping center zoning at this location. The applicant has applied to resurface existing

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