civus
Hearing video

ZBA Hearing - August 4, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20215h 51m

other than people parking on sidewalks correct well no that i don't believe that's true there

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is parking there it's a narrow street they do park on the sidewalk to leave more clearance but

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there is legal parking there to my knowledge to the best of my knowledge thank you is that correct

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mr phillips that is correct you'll you'll see here i pulled up the aerial where there are cars

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parked along um this side of uh houston if there weren't cars parked there i wouldn't have actually

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gotten a refusal because uh it would be classified as a rear street however you know they're all up

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on the sidewalk and yeah okay thank you uh anyone else have any questions uh testify in this case

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testify in this case yes chair we have Jacqueline excuse me Jacqueline McKnight

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yes chair we have Jacqueline

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Miss McKnight please identify yourself spell your full name and I will swear you in

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hi can you hear me yes okay Jacqueline McKnight that's J-A-C-Q-U-E-L-I-N-E McKnight and that's

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mc capital k n i g h t you swear a firm to tell the truth the whole truth nothing but the truth

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i do okay please proceed okay um i have several points i want to make um i'm apparently the only

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one that is directly affected by this what is your address ma'am i am at 1646 east houston street

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um and it appears that this driveway will be directly in front of my house

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um but first I want to point out that we park on the sidewalk yes but because that has been

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a vacant lot I've been in my home 43 years and it's been a vacant lot the whole the whole time

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so um when the homes are built I mean of course we don't want to ruin anybody's

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uh pavement so we will park on the street there's enough room for cars to get by

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All right. The other point I want to make is I can't see how only one driveway is going to be

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wide enough. They're going to have to take up with the curb cut more than one spot because it's going

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to be such a narrow turn. Then they're going to have to back onto my pavement. And it's just,

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i don't see that this is uh any logic in this um the then if you're going to plant trees that's

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going to affect our parking because now you have to watch where your passenger gets out of the car

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because you can't open the door because you're in front of a tree so um and another issue i have is

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they're making frankfurt ave metered or permit parking soon that's um up for discussion so now

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when though the people you know this street is a half a block in from frankfurt ave yeah ma'am

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not not to interrupt sorry to interrupt you but that's not a matter before this board

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that is a matter that the community will will discuss with the parking authority and the

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your district council person. Okay. But anyway, this is a small street. Our parking is limited

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as it is. We can't afford to lose another spot. Okay, thank you. Anyone else to testify in this

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case? Please raise your hand. Chair, we have Denise Whitaker. Good afternoon, ma'am. Please

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identify yourself spell your name for the record good afternoon chairman and the members of the

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board my name is venice whitaker that's spelled with v-e-n-i-s-e last name w-h-i

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you muted yourself miss whitaker

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miss whitaker

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the council president yes hello hello miss whitaker miss whitaker hello you muted yourself

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before you completed spelling your last name okay okay i'm sorry can you hear me now yes we can

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okay so uh last name whitaker w-h-i-t-a-k-e-r thank you please proceed you swear or firm to

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tell the truth the whole truth nothing about the truth yes i do sorry please proceed okay thank

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you i'm here on behalf of council president daryl clark city hall room 494 the council president

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set a letter in opposition to this matter based on feedback from near neighbors and the coordinating

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RCO FNA. Neighbors have been reminded of the importance of rear yard space during the pandemic.

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They oppose this variant since there is already street parking adjacent to the property on Houston

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Street. There is no hardship sacrificing yard space for parking. Therefore, he asked that the

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board deny this variance and vote along with FNA. Thank you very much. Would you, Ms. Whitaker,

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or happen to know whether you or does the councilman know of the revision that extends

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the rear yard from the original proposal out to somewhere between 14 and 15 feet?

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No, whatever was presented during that zoning meeting is the only thing our office is aware of.

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Okay, I thank you for that.

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Okay, I thank you for that.

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

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

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I see no more hands, Chair.

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Thank you.

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Planning Commission.

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Planning Commission.

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This is Ron Bednar, city planning.

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Last name Bednar, B-E-B-E-N-A-R.

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Please swear for him to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you.

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Please proceed.

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Comprehensive, hold on a second.

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Sorry, just give me one second, right?

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Yeah, no worries.

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Okay.

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The comprehensive plan recommends no change to the existing residential single-family

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zoning at this location given the narrow width of head Hewson Street.

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We have no objection to the variance for parking access with regard to the refusal of the lot

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size variance and variance is minimum and does not

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conflict with the purpose and spirit of the zoning court accordingly the city plan commission

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recommends that the board grant the variances thank you very much mi 2021-0015 excuse me let

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me start again. MI 2021-001757. 1847-1849 Spiviva Street, my vote is yes with the revised plan

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one page approved today. Professor Plaza, my vote is yes with proviso. Thomas Holliman,

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my vote is yes with proviso. John Monlock, my vote is yes with proviso. Excuse me, chair,

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this is Sharon. Mr. Phillips, I emailed Gussie to ask for the plans and the proviso plans form

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to be submitted as separate sheets so that we can stamp them and send them back to you. Could

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you take care of that? I believe she's on vacation. I will take care of that as soon as we're off.

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Thank you. Thank you, Sharon. MI 2021-001467. 222 Market Street. A letter of support from Old City District.

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Justin Crick is coming back in as a panelist.

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Good morning, members of the board.

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Good afternoon, Mr. Crick.

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Please spell your full name, and I'll swear you in.

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Yes, Justin, J-U-S-T-I-N, Crick, K-R-I-K.

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Address is 1500 JFK Boulevard, Suite 630, Philadelphia PA 19102.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you.

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Professor?

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Mr. Crick, you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, a copy of the refusal or referral, photos and plans five days prior to this hearing?

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Yes.

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

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Yes, we do.

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Thank you. Please proceed.

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Thank you.

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members of the board we're here today seeking a approval of a referral for a sit-down restaurant

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with accessory assembly and entertainment in the basement and first floor of the property

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located at 222 market street the property is currently zoned cmx3 and because of that and

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because of its location in the old city residential district this special exception is

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required. What we're doing here is creating a restaurant atmosphere that is not intended to

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not intended to be and will not be a nightclub. This is a restaurant for daytime and evening

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be and will not be a nightclub. This is a restaurant for

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gatherings. Just to give a geographic perspective, we are at 2nd and Market between 2nd and Bank

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Street, located on the southern side of Market Street, to familiarize everybody. And a little

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bit closer of that can show you where it's situated near steak sandwiches on both sides

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for whatnot. And let me get to the frontage. So this is the building we're talking about,

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we are only dealing with the first floor and basement. The above is used separately and is

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not on this application. This is the view of across the street, and we have an east-facing

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view from 222 Market and a west-facing view as well of the street. The intended proposal would

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allow for these two spots in the building to be used for the restaurant purpose. The applicant

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is the tenant of the property and has undergone significant renovations and obtained permits to

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basically convert the basement into the kitchen space and use the entire 1,200 square feet first

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floor for the restaurant dining area. This is a conceptual design of the first floor area. As

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you'll see, one of the things to note here is that this is for conversational lounging and dining.

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there is no dance floor here. There is no intention to have loud music that has been

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discussed with the neighborhood. Here's another just general conceptual design obtained by the

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client. And one of the concepts that we're talking about is to provide the crowd with

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morning modern wellness by day with certain types of drinks, coffees, fruit juices, and so forth.

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and later in the day, extending into a dinner and cocktail menu and late night dining with

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bar service. There will be an occasional live DJ. And here I'm going to just go through some

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of the exemplar menus that may be modified as the restaurant opens and so forth. But this is

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the general concept for what the daytime and then an evening menu is coming up. But what we have is

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a DJ who would be there approximately three nights a week and even potentially a live violinist

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to accompany that. The discussions with the neighborhood resulted in my client

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specifically contracting with an audio company to specifically design this so that it would be

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conversational music. And that is built into this quote here, as you can say, as you can see,

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that this is a background system only designed for low level listening purposes and is not

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sufficient for any foreground high output nightclub variant. And in the neighborhood

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meeting, we went through some of the actual components that will be part of that audio

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system that make it very evident that this is not something with loud thumping music throughout the

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evening. In addition, again, just as some evidence of the client's work in renovations, there was

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substantial underpinning to convert the basement to the kitchen, and the permits obtained are there

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for that purpose. In meeting with the old city district, they had unanimous support, one

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abstention, but all of those that were entitled to vote at the May 19th meeting did support the

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application. The tenant, the occupant is the tenant of the property and is in lockstep with

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the landlord, Joe Greco, as to the design and the use of the property. And this is a two exemplar,

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three exemplar pages from the lease showing that they are a five-year lease with a five-year option

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to renew. We have a tax clearance certificate and posting of the zoning hearing. It is our belief

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that the, and I will also state, I'm sorry, in addition, the client has, the applicant has

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agreed that in his renovations, we'll be putting thicker glass windows in the property to further

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help absorb any sound that may get through. At this time, we don't believe that objectively that

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this project will not cause any congestion in the streets, overcrowding of the land,

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impairment of any adjacent neighbor, burden any public facility, injure any other property,

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endanger public health, or be inconsistent with the comprehensive plan. And for that reason,

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we are asking that the board approve the referral and the special exception application.

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Rick, do you have a client to adopt your testimony?

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I believe so.

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I have not looked at the list, but if Mr. Wayne Shulick is on, please raise your hand.

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Mr. Shulick, please unmute yourself and please wait for the show.

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You can please spell your full name and I'll square you in.

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Thank you.

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Wayne Shulick, S-H-U-L-I-C-K.

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We're firm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you.

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Please proceed, Mr. Crick.

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Thank you.

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Mr. Shulick, have you had an opportunity to listen to my testimony to the board today?

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I have.

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And do you agree that the statements I made were true and correct?

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I do.

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based on that testimony would you adopt my statements as your own testimony yes thank you

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uh mr shulik just want to give you an opportunity if you have anything else you wish to say to the

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board about your application so i would just like to reiterate um that we've gone to extensive

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costs to make sure that the sound system the soundproofing the thicker glass is in accordance

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with what we discussed with the RCO.

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My partner and landlord, Joe Greco, is hand in hand.

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I've walked through everything with him, which he's approved.

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So everything we think we've done as closely to keep Old City

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with the RCO and what they were looking for.

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As Justin said, it's not a nightclub.

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It's a restaurant with cocktail service after.

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there's no dance floor there's no security guards um and that's pretty much it it's just a restaurant

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with live music after thank you any questions from the board no no and what else would like

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to testify in this case if so please raise your hand i see no hands chair thank you planning

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Commission. Thank you, Chairman DeTucco. Ian Hegarty for the Philadelphia City Planning Commission.

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

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Yes, sir, I do. Please proceed, Ian. Thank you. Proposed special exception will not cause

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detrimental impacts to the neighborhood beyond what would normally be expected for this use,

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and so the City Planning Commission recommends that the Board grant the special exception.

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Thank you very much. MI 2021-001-467-222 Market Street, my vote is yes.

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Confessor Plaza, my vote is yes.

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Thomas Holliman, my vote is yes.

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John Monlock, my vote is yes.

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Thank you.

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Thank you. May I be excused?

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Yes, you may. And again, I apologize for the background noise. I'm in my house and there's construction going on.

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MI 2021-001-760-2316 North 10th Street.

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Alan Notkinson is the attorney of record.

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37th Ward RCO sent a letter of support.

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Good afternoon, Mr. Notkinson.

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Good afternoon, Mr. Chair.

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Alan Nockmson, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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You swear 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, sir.

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Sir Nockmson, you agree to wait to read in of its refusal and stipulate to its accuracy?

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