civus
Hearing video

ZBA Hearing - September 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 24, 20241h 30m

Okay, Chair, we have six, excuse me, 17 attendees.

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You can proceed as you wish.

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Okay. Good morning. My name is Ishmael Shaheed, and I will be chairing this morning's ZBA board meeting. With me is board member Cheryl Gaskin.

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Present, Mr. Chairman.

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Board member Tanetta Grant.

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Chairman.

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Board member Michael Johns.

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Present, Mr. Chairman.

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And board member Taiya Nguyen.

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Present, Mr. Chairman.

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Also, here is our attorney, Hillary Emerson, and deputy director of planning and zoning, Kathleen Grady.

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Here is our virtual format. The proceeding is being recorded.

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With your participation, you agree to be recorded.

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A video will be available by contacting the ZBA executive director at zbaexecutivedirectoratphilly.gov.

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For our court stenographer, we ask that attorney and witnesses to identify themselves before testifying.

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

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To enter an appearance statement, please call 267-270-5548.

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

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Finally, the question box on the screen is not for testimony, testimonials.

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All questions should be directed to our executive director, Kathleen Grady.

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We're going to move right into our, we have no add-ons today.

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We're going to move right into the regular list.

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Number one, MI-2022-007283, 500-510 South Broad Street, Michael Mattione.

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We're going to call also number two, MI-2022-003-284-500-510-South Broad Street, as well, same attorney, Michael Maglione.

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Good morning, this is Jasmine, I will be the co-host for today.

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Michael Maglione has been allowed to speak.

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Good morning, counsel.

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Good morning, Mr. Chairman.

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Can you please identify your name, spell it, or the court reporter, please?

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Certainly. Michael Mattioni, M-A-T-T-I-O-N-I.

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You swear to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Can you identify your client?

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Certainly. It's a Symphony House condominium.

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Do you agree to swear? Excuse me.

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That's all right.

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This is the fifth listing, so we are going to continue this for the last and final time.

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It must be heard on the next hearing.

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Thank you, Mr. Chairman.

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Thank you.

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MI-2022-003283 and MI-2022-007284 is being continued.

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Thank you.

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number five

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MI-2023-006-201

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2940 East

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Tioga Street

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this case is being

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continued attorney moving party

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and now we're going to go to

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number six

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MI-2024

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4-003-295, 229 West Roosevelt Boulevard, Abdullah Ali or Ahmed Jani, we have no exhibits.

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Ahmed Jani has been allowed to speak.

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Good morning.

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Good morning.

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Yes, how are you, sir?

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I'm here. Hello?

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Hello?

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Hello?

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Yes.

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Yes.

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I don't...

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Now I see.

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Now I see.

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Take your name and spell it for the court reporter, please.

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My name is Ahmed Johnny.

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A-H-M-E-D

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J-O-N-N-Y.

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You're ready to tell the truth, the whole truth,

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and nothing but the truth.

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I do.

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Please proceed.

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All right. I'm here trying to legalize

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an existing single-family house

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to be zoned for a duplex.

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Mr. Johnny, this case is going to have to be continued, but we have not received any exhibits.

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This is the first listen. Just want to let you know we're going to continue this case,

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but we definitely need all of the information that is needed to proceed with this case.

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We have the letter of support from the RCO.

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Yeah, but we haven't received all of the information in our offices as of yet. So we

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need to make sure that information is received in before we can proceed with this case.

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so it's going to be rescheduled yes it's going to be continued uh you will get a letter in the mail

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from this day board uh on the next date schedule okay and mr johnny um this is hillary board

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council um please reach out to the zoning board office we'll put the number in the chat they can

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provide you with more information about the documents you need to have ready in order to

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proceed at your next hearing date. Thank you. Thank you. Bye. Thank you. MI-2024-003295

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cases being continued. First listing. All right, going back to number three.

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mi-2023-005620708 samson street meredith ferlinger uh is the attorney

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miss ferlinger meredith ferlinger

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Good morning, Council. Good morning, Mr. Chairman. How are you? I'm fine, thank you.

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Let's meet your name and spell it for the court reporter. Sure. Meredith Ferliger, F-E-R-L-E-G-E-R.

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

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I sure do. Do you identify your client?

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Sure. My client is J.R. Sanson Partners, LLC, which is the owner of this property.

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This is for the erection of an attached high-rise structure with skyplanes, options with a roof, decks, and balcony.

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Counselor, do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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

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I did.

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Please proceed, Counselor.

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thank you just give me one moment to get organized i'm recusing myself from this uh

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yeah so mr johns will be uh recusing himself from this case thank you

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okay mr vice chairman members of the board uh this morning we've submitted to you a detailed

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exhibit packet that contains 19 exhibits, which we, of course, would request that they be moved

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into evidence at the conclusion of our presentation today. These exhibits reflect the project as

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originally designed, as well as reflect changes that have been made since the board was originally

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scheduled to hear this case back in June. Since that time, you'll be pleased to know that the

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development team can report that the original letter of non-opposition from Washington Square

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West Civic Association has now also been joined with a letter of no objection from Society Hill

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Civic Association. Given this positive development, we will try and keep the presentation as brief as

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possible, while still also respecting the scale of this proposed development does still require

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quite an extensive presentation. The packet includes standard information, including

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updated evidence of tax clearance at Exhibit 2, as well as the owner's deed to the property

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at Exhibit 3. That deed shows that J.R. Sansom, which I'll refer to generally today as Pearl

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Properties, acquired the property from Toll Washington Square LP on January 9, 2023.

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As mentioned, Exhibit 17 shows a ladder of non-opposition from both RCOs that have boundaries covering this project.

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This first one is for Washington Square West, and the second.

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This first one is for Washington Square West, and the second one is the letter from Society Hill

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Civic showing no objection. Prior to coming before this board, the project has completed

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its required reviews by both the Philadelphia Historical Commission as well as the City

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Planning Commission Civic Design Review Committee, in addition to several informal and formal meetings

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with Washington Square West Civic Association and Society Hill Civic Association.

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Those completion letters are also included in the packet at Exhibits 18 and 15, respectively.

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By way of some background, the property before the board today is located at 708 Sansom Street

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along the city's famous Jewelers Row. The board may recall that the property is current vacant land

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and was previously the subject of a high-rise apartment building development for which Toll

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Brothers obtained full zoning, historic, and building approval, but was tabled due to capital

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market conditions. After nearly 10 years since the project first started and four years since

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the lot became vacant and unused, Pearl Property's newly envisioned project follows extensive

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of discussions, including various informal discussions and public meetings with neighborhood

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stakeholders, and reflects Pearl's commitment to respect and enliven the Jewelers Row Corridor

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while blending with the surrounding neighborhood comprised of buildings of mixed character and mass

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in and around Washington Square. The basis for relief before the board today is actually fairly

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minor given the scale of this project. As the refusal and referral at Exhibit 1 show,

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one referral was issued for the proposed above-ground accessory parking garage.

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Two refusals were issued, one for exceeding maximum gross floor area due to the above-ground

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accessory parking garage, calculated as floor area ratio, and one for insufficient dry vial

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inside the garage. We did submit a set of revised plans and a revised plan proviso form to the board

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today of three total pages. I'll walk the board through some basic context. As you can see from

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the zoning map at Exhibit 6, the property and the surrounding neighborhood are largely zoned CMX 5

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or Commercial Mixed Use 5, which you know is the densest zoning classification available under the

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zoning code. The board may note that the single zoning lot for this property is constituted as

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a master condominium, which includes the land at 708 Sansom Street. This master condominium is

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between Pearl Properties and the adjacent building, commonly known as 714 Sansom Street.

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Referring to the general overhead aerial views at Exhibit 6, the board will note that this is a

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vacant lot with dual frontage on Sansom Street and there's a little sliver here that's a little

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hard to see from the aerial on 7th Street as well. The property is just west of the Curtis Center

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which you can see in this image. On this next southern view the board will recognize the

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Jewelers Roadblock. We have also included a view from the west facing the Curtis Center where you'll

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see the edge of Washington Square, which is to the southeast of this property.

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These next views are slightly more illustrative in terms of showing the context of the site

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in relation to its surrounding neighborhood. The high rise to the southwest is the St. James,

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and you can see that here in this image and also here in this image.

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Excuse me, Ms. Furliger, I believe one of our board members has a question at this time.

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Sure.

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Board member Wynne.

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Sorry, Hillary. I accidentally hit that button.

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Okay. All right. Never mind.

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If anybody does have a question while I'm talking, please feel free to stop me. This is obviously a very large project.

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All right. Please continue.

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you. No problem. From an overhead view here, the board will discern that this is an irregularly

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shaped lot with a wide L shape that includes the small portion I mentioned along South 7th Street.

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Finally, we did also include a general neighborhood context map,

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just to give you a sense of where this project sits in relation to the surrounding area.

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Looking more closely, we have also included site photographs at Exhibit 19.

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The first view here is from the Sansom Street frontage.

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The first view here is from the Sansom Street frontage.

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This small historic structure at the corner is not included in this proposed development.

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This

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This next image here, which is a sheet from the Civic Design Review presentation, provides

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several additional views of the property, both from Sansom Street and the 7th Street

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intersection, as well as additional views from Sansom Street and north and south along 7th

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Street. So this is really, this first one is right at the corner. This is looking north on 7th Street,

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right in front of Curtis Center. This is looking northwest on south 7th Street towards that

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historic building on the corner. And then this one is looking east on Sansom Street.

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This section of South 7th Street is one-way heading towards Sansom Street.

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You can see that with the cars here heading up towards Sansom Street.

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Sansom Street also further follows a one-way traffic pattern heading west.

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We've included some additional views on the next page here.

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And again, these are just some additional views on Sansom Street, looking west.

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And then this is directly in front of the portion of the property that fronts on South 7th Street.

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So you can see it's a fairly small piece that creates that L onto South 7th Street.

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The zoning posters were timely posted and updated on September 2nd, 2024.

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And we've included images in the exhibits for reference.

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At this point, I would like to ask our architecture representatives from DAS to join me so that they can actually walk you through this proposal.

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So if the administrator could look for Dave Schultz.

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David Schultz has been allowed to speak.

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Hello.

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Can you hear me?

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we can hear you if you can get a little bit closer to the microphone okay

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is that better yes sir please state your name and spell it for the court reporter please

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my name is david a schultz spell it for the court reporter please uh schultz is s-c-h-u-l-t-z

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

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Thank you. David, could you just identify your profession, generally speaking?

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Sure. I'm a registered architect in Pennsylvania. I've been practicing in Pennsylvania for 41 years. I'm also NCARB certified.

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And you've been practicing in Philadelphia for a significant amount of time?

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I have.

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We started our business 41 years ago.

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I'm a partner in DAS Architects.

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We're actually based in Philadelphia.

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