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Hearing video

ZBA Hearing - April 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 24, 20246h 7m

Hilary, can you hear?

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Yes, I can.

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Can you hear me?

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Yes, I could.

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Hold on.

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Hold on.

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The chair may not be able to hear us.

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I'm not hearing anybody.

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Okay, sure.

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The chair is going out and coming back in again.

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He cannot hear any of us.

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Okay.

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Okay.

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can you guys hear me by the way

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yes yes great i've been having audio issues this week but thank you

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Good morning.

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Good morning.

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Good morning, Chair.

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You feel wonderful.

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Can you hear us okay?

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No, it must be a problem.

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Sure it does.

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All right.

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Do you have any idea what's going on? I can't hear anybody.

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Okay. All right. Hold on.

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You may want to make sure Zoom is using his speaker down by the microphone.

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There's a little carrot. You click that or you're able to select the speaker you want to use.

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um is this bill i'm sorry on yeah i'm sorry it's no okay yeah okay um so i'm talking to two bills

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at the same time um so you were saying to check to make sure his speaker is selected

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yeah at the lower lower left of the screen there's a little microphone and there's a little

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carrot right next to the microphone if you click that up it shows what mic you're using and what

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speaker zoom is using oh okay okay all right so bill do you see the the microphone down at the

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bottom that all right go ahead

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.

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um dpv zoom bill um i'm i'm gonna message you directly um the chair's number and give him a

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call because he there's multiple options and he's not sure if one of them needs to be changed

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so and i i can't see i i can't see what he's looking at right so um so i will message you

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his number. Give me one second.

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Hillary, can you hear me?

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I can hear you.

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I can hear you.

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Can you hear me?

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Can you hear me?

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Just hit another button.

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Just hit another button.

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Yeah, I'm good.

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Oh, you're good now?

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Okay, great.

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Okay.

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I hope so.

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LeBaron, can you hear me?

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Yes, I can.

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All right, we're good.

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We're good.

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I don't know how that happened because I had the same system on before, but okay, we're good.

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Sometimes things get switched.

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I've had that happen on my computer, too.

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Okay, we have 37 attendees, Chair. You can proceed as you wish.

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Thank you. Good morning, everyone. My name is Bill Bergman, and I will be chairing this morning's EBA hearing.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holliman.

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Present, Mr. Chairman.

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Our Alternate Board Member, LeBaron Leonard Palmer.

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Good morning, Mr. Chairman.

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Also, here is Hillary Emerson, our attorney, and also our executive director, Tanya Sunkett.

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Be advised, these proceedings are being recorded.

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The video will be available by contacting tanyasunkett at phil.gov.

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For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.

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

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To enter the pyramid statement, call 267-270-5548.

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

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And finally, the question-answer box on the screen is now for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at this morning's schedule.

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Thank you.

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Number four, MI-2022-005-219-4212 Parkside Avenue.

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Meredith Ferlicker is the attorney.

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good morning mr chair this is jason hand i will be your co-host for this morning

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miss ferriger has been allowed to speak good morning council could morning council could

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you state your name please and spell for the court sonographer sure meredith m-e-r-e-d-i-t-h

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Ferliger, F-E-R-L-E-G-E-R. Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth? I do. The council member has requested a continuance. I understand. Are

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you in favor of a continuance? Absolutely, Mr. Chairman. And in fact, we're intending to submit

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a request for leave to amend this application to basically just reflect the legalization of

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the existing use instead of requesting the addition of any additional unit.

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So, yes, we're very much in favor of a continuance.

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Thank you very much.

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So MI 2022-005-219-4212 Parkside Avenue, that case is continued.

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Number five, MI 2022-006-705-2000 Larry Street, this case has been continued.

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Number seven, MI 2023-000629-1447 West Cayuga Street.

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That case has been continued.

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And number nine, MI 2023-006-880-3200 Copman Avenue.

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That case is continued.

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Are there any other requests for continuance?

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Mr. Chair, I have a hand up from a Jack T. Nguyen.

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I have allowed them to speak.

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Okay.

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Hi, could you state your name, please, and spell for the court stenographer?

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Jack T. Nguyen, please unmute and wait to be sworn in.

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Mr. Chair, this individual may be having technical difficulties on his end, so we'll go to the next person.

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All right, is there any other requests for continuance?

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Yes, Devin Ukta has their hand raised.

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I've allowed them to speak.

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Okay.

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Good morning, Chair.

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Good morning, Counsel.

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So, sure. Could you state your name, please, and spell it for the court stenographer?

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Devin Ukda, D-E-V-I-N-U-Q-D-A-H.

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Devin Ukta, D-E-V-I-N-U-Q-D-E-V-I-N.

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

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Yes, sir.

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Counsel, are you here for 5900 Pulaski?

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I'm here for multiple address, but yes, that is one of them.

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Okay, so we have no exhibits on number three, 5900 Pulaski Avenue, and this is the third listing.

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yeah chair so i'm asking for a containment i took over this case from prior council

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so i'm still gathering the information okay so mi 2022 003 966 5900 plastic avenue

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cases continued mark must be heard and what other case sir um i also have

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1447 uh west cayuga i i already called that that case is being continued sir

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and then i have 1307 west susquehanna avenue okay 1307 west cut you want to continue that too sir

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yes sir okay so mi 2023 000 633 1307 west susquehanna avenue

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Cases continued, Mark, must be heard.

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Thank you.

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Thank you.

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Are there any other cases for continuance?

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I don't see any further answers, Mr. Chair.

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I have two cases for withdrawal.

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Number one, MI 2021-004-544-4900 Reno Street.

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That case has been withdrawn. And number two, MI-2022-003-457-623-39-North-39th Street.

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That case has been withdrawn. We're going to go to our first case, which is number,

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We're going to hear number 12 first.

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2023-006-885-27 North 3rd Street.

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Eileen Quigley and Meredith Trego are the listed attorneys.

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There's a recommendation of support from Old City District,

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and a letter of non-opposition came from Council Member Squill.

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sir eileen quigley will be rejoining as the panelists shortly

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good morning counsel could you please state your name it's spelled for the course sonographer

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yes good morning chair members of the board eileen quigley e-i-l-e-e-n quigley q-u-i-g-l-e-y

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right do you swear a firm to tell the truth the whole truth and nothing but the truth

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I do.

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Could you identify your client, a relationship to this property?

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Yes, I will.

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First, as you said, I'd like to introduce my colleague as well, Meredith Trego, T-R-E-G-O.

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Meredith is M-E-R-E-D-I-T-H.

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Our client is your agency, a nonprofit, and founder Meg Saligman, who is here with us.

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They own the property.

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All right.

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Is Meredith going to be testifying to?

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No, Your Honor.

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Okay, good.

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good good all right our vice chair has just a few questions for you ma'am

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good morning council do you agree with the reading of the refusal or stipulate

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we have one comment to make about the refusal on the refusal it notes that

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it requires a special exception however this assembly and entertainment use

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requires a variance because of the overlay at 14502 and just for the board and council's

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information the RCO was aware that it was a variance case we did include the variance

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explanation in the notice letters and also posted those notice letters at the property when we posted

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the other zoning notices. So there was notice of the variance request. Okay, thank you. Have you

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emailed them all the required documents and exhibits as needed to proceed with this case

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five days in advance of this hearing? Yes, we have. Thank you. Please proceed and share your screen.

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Thank you very much. So as I said, and as the chair said, I'm here today on behalf of your

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agency, and I'm with my colleague, Meredith Trego. I would like to thank Ms. Emerson for

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allowing us to go first due to an emergency I greatly appreciate your

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accommodation we would like to also introduce Mike Salomon Saligman who is

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here today on behalf of your agency the nonprofit that owns the property and we

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that owns the property, and we are here with, and just to back up, Meg Seligman, as you may already

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are here with and just back up

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know, is an internationally renowned muralist and artist, and among other murals, she created

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the Common Threads Mural at Broad and Spring Garden, and we are also here with Brian Schneider,

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the architect from the design team from Heckendorn Shiles Architects.

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As I said, we are here to request zoning relief for the assembly and entertainment use,

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This use is required based on our discussions with L&I because the existing use of the property is an art gallery, and in order to allow for artistic expression and performance, the assembly and entertainment use is required.

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that's why we're here seeking the variance as you all know we're very

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fortunate to live in a city with so such robust and renowned history and

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artistic and cultural institutions and we are proud today to be here on behalf

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of your agency seeking this variance this is an existing art gallery as I

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said and in order for it to be used to its fullest potential as a space where

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full artistic performance can be experienced we require this special

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accept this variance for this assembly and entertainment and this will also

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allow your agency to meet its mission and its purpose and intent as I said

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this is required for performances pursuant to our discussions with L&I

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this is not for a nightclub the reuse of this existing building it's an existing

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bank building known as a manufacturer's national bank this was previously used

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as an office but this building has been vacant for many years um it's historically designated

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and it's one of the most miss quigley are are you are you sharing or is miss trego sharing

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oh we don't see anything yeah may i that's okay yes absolutely thank you that was an opening

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comments i'm sorry i kept on going i just that's okay i'm excited about the art gallery and this

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performance space, so it completely left my mind. Can you see my exhibits? We see here.

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All right. Thank you so much, Ms. Emerson. I apologize, and I appreciate your note to me.

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So before I continue any further, we did submit these exhibits. These are our exhibits.

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I hate to retread, but we have the necessary required documents, tax clearance certificates,

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exceed. But to get back, let me show you the exterior. Here is the Manufacturer's National

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Bank building. And as I said, this was used as a, the last use was an office, but it's been vacant

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for many years. And it's one of the oldest and substantial banking institutions in the city.

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And allowing for this reuse to allow the art gallery to also move into physical artistic

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performance through the variance for assembly and entertainment really allows

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Meg and your agency to continue the care and preservation of this building

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through Meg's loving care and restoration that's executed by Bryant

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at Heckendorn Shiles. These improvements that were approved by the

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historical commission let me find my floor plans here will allow for full accessibility for

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