civus
Hearing video

ZBA Hearing - March 31, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 31, 20215h 23m

Good afternoon, sir. Please identify yourself with a record, spell your first and last name,

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and provide us with your address.

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Sir, please unmute yourself.

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Sorry about that. Can you hear me now?

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Yes, please identify yourself.

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Sorry about that. My name is Trevor Moran, spelled T-R-E-V-O-R-M-O-R-A-N.

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I live in and own the adjacent property at 2419 Coral Street, Philadelphia, PA, 19125.

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You sparing a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you. Please proceed.

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I'm here in opposition of this variance for the tattoo parlor at 2417 Coral Street.

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In addition to the separation requirements from the protected use properties, which in this case includes nearby schools and a popular playground less than 100 feet away, I'm opposed to allowing a tattoo parlor in the CMX1 property that lays it adjacent to a residential district.

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citing the legislative findings in code 141605 which I quote the council finds that there have

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been a recent proliferation concentrating in certain areas of the city of certain uses and

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that the concentration of these uses causes a deleterious effect on the aesthetics and economics

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of the areas in which these uses are located. A tattoo parlor is expressly included as one of

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these regulated uses and I agree with the findings here. Within a half a mile of this

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proposed tattoo parlor there are already in operation eight other tattoo shops and three

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of these shops are existing within 1300 feet of this property. I question what benefit to the

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community can be provided by adding another shop to this high concentration of tattoo shops in the

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neighborhood. This residential district is a growing one and in need of businesses that serve

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of businesses that serve regular convenience to the local community for which this property is

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regular convenience to the local community for which this property is.

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specifically zoned to accommodate. However within the same half mile that contains these eight

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existing tattoo shops to the best of my knowledge there are zero hardware stores, zero bookstores,

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zero art supply stores, zero sporting goods stores, music supply stores, zero financial advisors,

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there's numerous schools, there's no school supply stores, and the list goes on and on.

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By proving this variance we'd be denying the opportunity for a business that'll benefit the

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residential district to occupy the space and a residential district which is in need of these

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basic and valuable commercial services. Instead this variance would be adding another tattoo

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parlor with little utilities to the majority of the surrounding neighbors and in an area already

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proliferated with tattoo shops. There are a number of alternative parcels with zoning industrial

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zoning available in the surrounding area as well as commercially zoned corridors which are more

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suitable for tattoo shops. I believe the application for this variance is solely based on the convenience

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of the lessee and not the neighborhood and not because a variance is the only reasonable

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alternative. Citing Article 9 of the Pennsylvania Governor's Center for Local Government Services

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handbook on special exceptions, conditional uses, and variances when I quote, a variance is not

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inappropriate merely because the zoning ordinance is in conflict with the landowner's desired use

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of the land. I contend that the desired use is the primary reason of the variance and I urge you not

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to approve it. Thank you for your time. Thank you. Anyone else who would like to testify

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in this case, please raise your hand. No further hands at this time, Mr. Chair. Mr. Monroe,

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would you bring up the the vote sheet from the RCO? Yes. Yeah, there was 29 votes in favor,

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one in opposition, three in non-opposition. Thank you.

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Anyone else to testify in this case, please raise your hand.

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No further hands at this time, Mr. Chair.

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Thank you.

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Planning Commission.

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Ron Bednar, City Planning.

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Property is indicated for commercial mixed use on the city plan.

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We recommend that the requested variance be granted.

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by 2021 that's 000398 2417 coral street my vote is yes my vote is yes my vote is yes

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my vote is yes thank you sure good luck calendar number 0 4 2 9 24 0 2 north 2nd street the

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attorney is Alan Nockamson.

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Mr. Nockamson has been

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has he been sworn in already?

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Yeah, it seems like he's always here.

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So I never know if it's from one

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week to another when he was here.

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Hi. Name and address for the record.

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Yes, Alan Nockamson.

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and Occamston, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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So you're already sworn in?

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Yes.

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Do you also agree to wave the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with required documents consisting of proof of ownership, tax compliance, refusal, referral,

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photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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Yes, in all respects.

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Okay, great. You may proceed.

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All right, can I share my screen?

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Sure.

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All right, thanks.

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All right, so I'm here to present 2402 North 2nd Street.

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My client is V2 Properties.

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I've been in front of this board probably a half a dozen times over the last year or so on projects on North 2nd Street.

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This board on each occasion has granted a similar variance.

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This is a CMX, I believe, 2 property, and, oh, by the way, my packet of materials will include the deed to the property, the tax clearance, notice of refusal, nearby CMX 2 residential triplexes this board has granted in the past, application for appeal, the zoning map and other maps of the neighborhood, photographs of the property in the surrounding area, and architectural plans and drawings, and most importantly, a letter of support from the coordinating RC.

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NARA SQUARE COMMUNITY ALLIANCE, AS I INDICATED WE'VE BEEN

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Norris Square Community Alliance as I indicated we've been here many times this is the deeds of

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property but in the tax clearance certificate but I've presented this similar type of project

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in front of the board many times over the last year this is CMX2 property all we're trying to

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do is make this all residential so we're getting refusals because we're swapping out we're proposing

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to swap out the commercial component and put a residential unit in there my clients v2 properties

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one of the better known developers in the city of philadelphia twice they've been recognized by

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the philadelphia inquirer as developer of the year not only do they have a large quantity of

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inventory year in and year out but the quality of inventory is well known as well again the two

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refusals are because we're swapping out the commercial component for the residential component

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And, you know, just as an example, and these are the ones I've done, I know that there's been other on North 2nd Street, 2204 North 2nd, 2529 North 2nd, 2531 North 2nd, 2240 North 2nd, 2262 North 2nd, 2238 North 2nd, all approved by the board under similar circumstances.

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Just for the Board's notation as well, every single time we've presented, the Planning Commission has supported the granting the variance because according to the Planning Commission, this section of the North Square area, which is close to a commercial corridor, has not been rezoned since, I believe, the 1930s.

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And if there was an opportunity to rezone it, it would be RM1, which would allow this use as of right.

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My computer's kind of slow, so I'm sorry.

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Just dragging.

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Here's our application appeal to the ZVA along with our project information form, again showing

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where we are in the neighborhood, all CMX2.

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We are near some RM1, but the goal here is to support the commercial corridor that's

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trying to develop on North Front Street and not to redirect commercial traffic away from

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there on North 2nd.

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here's a picture of the properties of vacant lots that's well maintained pictures to the

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right of the property on north second pictures to the left of the property on north second

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and then the architectural plans and drawings let me just make this a little bit smaller

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but this is the quintessential v2 properties brick facade uh to keep you know a modern

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a classical look but with a modern feel

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floor plans each of the each of the kitchens will have a trash closet

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and then most importantly our letter of support from the community

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and just so you know that we are working closely with the north square community

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one of the our goals and we've been trying to work with them over the last few months is to

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create an internship program. Because of the amount of volume we have in the Norris Square

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area, we're trying to work with the community in terms of employing members of the community

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through an internship program. And then that's noted in our letter of support as well. With

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that, I would ask that Bill Archer virtually raise his hand.

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Mr. Archer has been allowed to speak, sir.

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Can you hear me, Alan? Yes, yes. Mr. Chair, do you want to

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swear in Mr. Archer? Yeah, please identify himself.

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uh bill archer uh b-i-l-l archer is a-r-c-h-e-r we're in the firm to tell the truth the whole

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truth nothing but the truth yes i do all right thank you um mr archer you heard everything i

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stated today yes i did and is it true and correct yes and do you adopt it as your own testimony yes

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I do okay okay any questions from the board yeah who's the developer that you referenced

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oh v2 properties okay thank you you're welcome we have some did we recently have some issues with

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permitting for some of the projects v2 has been involved in

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I believe so.

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I'm not aware of that, Mr. Chair.

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I think there was an article in the Enquirer about it before.

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Oh, that was years ago.

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That was about maybe a year and a half ago or so.

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It was. And my office actually worked with the city in terms of dealing with that issue, where we were working with a general contractor who did not obtain, I guess, sidewalk closure permits in a timely fashion.

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It was, and my office actually worked with the city in terms of

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But we eventually obtained all those permits and paid whatever the fees were in the associated funds.

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But that was one of three crews that we have for V2 properties.

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So that was a problematic crew.

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We have two other crews that have never had issues.

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So they're not the crew that was forging permits?

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Oh, well, that was our general contractor.

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They were not fee-to-properties.

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That's what I'm saying.

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Like, we hired the general contractor who was a problematic contractor and dealt with it.

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Okay.

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All right.

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Anyone else would like to testify in this case, please raise your hand.

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Mr. Chair, I have Sloan Fulks. I will now have to speak at this time.

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Good afternoon, Mr. Fulks. You're still on their oath.

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Good afternoon again.

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Yourself for the record.

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Yes, sir. Good afternoon again, Chairman DiCicco and ZBA board.

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My name is Sloan Fulks, S-L-O-A-N-E, F is a fire, O-L-K-S, Office of Councilwoman Maria

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Keyones-Sanchez, room 508 City Hall. The Councilwoman, given that the coordinating RCO provided

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a letter of support with conditions that cannot be enforced by the ZBA, the Councilwoman

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offers her uh offers uh uh non-opposition provided that the uh the developer meets the uh requests

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of the community um as stated in the uh letter that uh they provided to the uh zba and to the uh

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applicant mr knockinson has your client entered into a community benefits agreement

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uh no we have not formally entered a community benefits agreement but mr slokes was present at

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the initial meeting we had a few months ago uh with regards to the internship program

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so even without a community benefits agreement we have been pushing hard to get that internship

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program up and running if anyone else would like to testify in this case no oh i'm saying no

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planning commission i'm sorry jason did i get ahead of myself anyone else

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um no sir no further hands okay planning commission i'm bednar city planning

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while this property is currently indicated for commercial mixed use on the city plan

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we recommend the grant for variance provided maximum three units only

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well but we're allowed three units

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they're saying not to exceed three you got it but we're what we're asking for is to swap the

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fourth unit which would be the commercial unit for three you know to make it four units we're

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allowed three residential units and Mr. Nockimston not to be difficult but I think you said when I

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asked the question that you're still working through the uh community benefits agreement

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No, we're working with them on the internship program.

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We have actually reached out to them on multiple occasions to schedule a follow-up meeting.

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And, you know, they've stated to us that, unfortunately, at this moment, they don't have the time or the bandwidth to address this because they're dealing with COVID-19 issues.

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But we are working through them.

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You know, we're the ones who are trying to push this program along in this community.

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What exactly is the program?

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uh so we would we would be um employing one individual uh in the community um i believe

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it's a full-time job i believe that bill how much was the uh rate the uh the salary

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i don't want to mistake but i believe it was 15 an hour salary but um that was that was the point

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to someone who is going to learn

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from the ground up.

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That's correct, Alan.

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Okay, so we're ready to vote, I guess.

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Why don't we do this?

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I think I'd like to have

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a further discussion.

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So the record will be closed

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for calendar number MI 2021-000429

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2402 North 2nd Street.

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The record is closed, and the board will discuss and make a decision at next Wednesday's executive session.

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The record is closed and the board will discuss and make a decision at next Wednesday's executive.

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Thank you.

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Thank you.

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Calendar number 0-428-2563 Salmon Street.

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The attorney, once again, is Alan or is it Clementa?

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No, it's me.

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Okay, you're already sworn in. Name an address for the record.

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Oh, yes.

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Alan Nockamson of Nockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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And you're already under oath.

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Have you emailed the civic packet with proof of ownership, tax compliance, refusal, referral, photos, plans, 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.

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Thank you. You may proceed and yes, you may share your screen.

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All right. Thank you.

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Sure.

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