civus
Hearing video

ZBA Hearing - May 12, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 12, 20214h 52m

Thank you.

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Mr. Patterson, can you hear me?

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Yes, you can.

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Name and address for the record, and can you please spell your last name?

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Sure.

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Good afternoon.

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Ronald Patterson, P-A-T-T-E-R-S-O-N, 1835 Market Street, Philadelphia PPA 19-103.

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

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Yes, I do.

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

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Yes, I do.

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

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photos under 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 yes to all the above thank you you may

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proceed thank you may I share the screen okay all right we're good so this application regards

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1620 Chancellor Street primarily funding on 17th Street it's the Hyatt centric hotel

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located across the street from the Warwick Hotel.

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This was approved as a matter of right back in 2017

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after a rezoning that allowed this.

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All of it started in 2012.

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It is a hotel, or as we call it, visitor accommodations.

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It has 332 units, a parking garage having 220 spaces,

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an eating restaurant, banquet hall, personal services, and the like.

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When the building was constructed, or I'm sorry, approved, it was approved with a step back here on 15th Street and slightly off of Chancellor Street, a little bit of a, let's call it a roof.

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You see how the building is set back on the upper floors.

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So this application, after some consideration, is to use this deck as an amenity.

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And we'll explain as to what that amenity would be.

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This is located in a CMX commercial zoning district, and so any roof deck that is used for a non-residential purpose requires a special exception in this district, and that's why we're here.

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So with that said, if you could allow Morris Clark access so we could discuss. He's our architect from DAS.

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Morris?

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Hello, can you hear me?

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Yes.

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Thank you.

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yes can you put your sir can you put your name and address on the record and spell your last name

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yes morris clark c-l-a-r-k-e 1628 jfk boulevard suite 1500 philadelphia pa thank you do you

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swear or firm to tell the whole truth and nothing but the truth i do thank you you may proceed oh

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Hi, Morris. Can you just tell the board your name and then your address now?

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Morris Clark, 1628 JFK Boulevard, suite of the G-100 photo from PA.

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And you are the architect on this project?

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Correct.

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And you are familiar with and you've prepared the plans that are on the screen right now,

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is that correct? Correct, yes.

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is that correct correct yes and you've heard my presentation would you adopt it as your own as

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And you've heard my presentation, would you?

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it were true and accurate yes okay so this is the depiction of uh uh of the of the deck we'll call

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it now was a could you please describe how it was originally designed as a roof and what we're

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proposing to do correct so it was originally designed as a uh as a green roof area um so

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there's some small plants and low green vegetation out there. Currently it's a little over 500 square

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foot little roof area and we are looking to remove some of the green roof area. We'll be keeping the

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planters along the perimeter and then we'll have new paving as shown here for a couple tables

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and chairs to be able to be out there for some time now i'm going to jump around here but we

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did meet with center city residents association correct and you participated in that meeting

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and uh here is uh my page of five of my exhibits which uh is their letter of non-opposition

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uh with some provisos that there'll be no live ramp or five music on the deck

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appropriate curbs or safety barrier. And that's so that you couldn't, someone couldn't fall off

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the deck. So let me, let me go back to that exhibit. And so if you can just describe and

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confirm with that, where that curb line will be. Yeah. So in this rendering where the, where the

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green shrubs are that's a raised planter now so per the discussion with the local RCO they had

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asked us to create a curb and maybe raise the planter to prevent people from being able to just

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step flatly from the paper area into the soil area and reach over the side of the parapet wall

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which is over 42 inches above the roof paver, the paver height, which meets code.

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So we've provided a raised bed there, which will be about another 8 to 12 inches above the pavers,

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and will be heavily planted with large shrubs, as shown here.

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We'll be planting mature shrubs to help ensure that people are not able to go get to the outside.

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The concern was that they'd be able to reach out there and put a drink with the planters in the distance.

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They should not be easy for them to do.

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So, with that description, I'd like to promote it, Mr. Brad Marmon from Hyatt, so he can testify.

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Good afternoon, sir. Please identify yourself with the record. First and last name and spell your name, please.

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And, Ron, while we're waiting, is there a revised plan?

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uh no there already is a curb there so we just want to make it uh you know five inch tall

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agreed to do that if not maybe uh maybe Gilbert Santana is here

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one of those two gentlemen can testify if not we can uh you being an officer of court will

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stipulate that they would adopt your testimony yeah and I and I wanted to add that this was

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really an amenity uh that would be open during a normal uh like restaurant hours there's no

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restaurant is that correct mars attached behind this glass i would really be from you know whatever

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amenities are down on that floor and further down in the hotel just to use for outdoor space

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um no service food but food could be brought there uh you know to be enjoyed and just enjoy

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the outdoors is that correct mars yeah the restaurants on this level it's just um those

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meeting rooms right behind this window they're the small restaurant hotel restaurant is down

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in the hallway from it and they would be using it.

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So the use is not limited to the restaurant.

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It's just an outdoor space.

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Outdoor space.

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Okay.

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All right. Thank you.

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Thank you.

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Any questions from the board?

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No.

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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Mr. Gilbert Santana has his hand raised.

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He has been unmuted.

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I am actually the general manager here

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at the Hyatt Centric.

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I was just raising my hand to answer

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Mr. Patterson's questions.

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hit ryan if you want um sure i could have him adopt real quick

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uh go where he needs to be sworn in i take it please identify yourself

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Gilbert, it needs to be sworn in.

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I take it.

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Please identify yourself, sir, name and a full name.

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Spell it, please.

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Yes, it's Gilbert Santana, G-I-L-B-E-R-T-S-A-N-T-A-N-A.

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

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I do.

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Thank you, Ron.

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Hi, Gilbert.

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What's your position with Hyatt?

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I'm the general manager here at the Hyatt-centric Center City, Philadelphia.

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Perfect.

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And you've heard both my testimony and Mars.

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and would you agree that it's true and accurate and you would adopt it as your own?

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I would, yes.

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And anything you'd like to add to how the deck would be used to be different than what I've said?

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No, I think it's exactly how we would be using it.

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Okay, and you were in agreement with the CCRA provisor letter?

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I am, completely in agreement, yes.

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Great, thank you. That's all I have, Mr. Chairman.

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Thank you. Anyone else to testify?

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Mr. Wade, Albert had his hand raised. He's been allowed to speak.

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Good afternoon. Please identify yourself with the records, spell your full name, and I'll swear you in.

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Sure. Good afternoon. This is Wade Albert, W-A-D-E, last name A-L-B-E-R-T,

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counsel for the Center City Residents Association, and I'm with the law firm of Stevens and Wayne.

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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. Please proceed.

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Thank you. So I'm just here. I am glad to hear that, that the applicant is agreeable to the provisos that CCRA requested. I know that we discussed that at the RCO meeting that was held a couple months ago.

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And I also appreciate seeing that the applicant has made some changes to the deck area, which were an issue of concern for us, that we were worried that people who might be on that outdoor area could possibly get too close to the edge and drop something off and injure somebody who's walking on the street.

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So at this point, I just respectfully request that the provisos that are listed on our letter be included in the license if the application is approved today by the board. Thank you.

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excuse me this is Sharon

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I don't have a lever in front of me

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but I remember thinking that

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going through them and it seemed that

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the only one that would be enforceable was

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no music on the deck

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that was I think you requested no

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amplified

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or live music so maybe

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just no music since I'm not sure what other

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alternative music type there would be

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were there others that you'd

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um yeah as we mentioned uh there was a uh uh we were going to raise the curb uh that's in the in

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front of the landscaped barrier that's in front of the wall so that it adds an extra layer of

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protection from people walking through uh the landscaped area to go near the wall whether

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to fall over or to drop something so uh we're agreeing to install that mr patterson is that

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something that you could just agree to with the um rco since it's not specific enough to allow us

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to to make it enforceable by by lni correct me if i'm wrong isn't it's in the plan though the plan

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identifies that now correct the concern about the the ledge not being uh people not being able to

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put a drink on it the way it's designed now with the shrubby and all correct me from wrong

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would prevent that from happening anyway is that correct

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but i don't believe there were any revised plans submitted whether i asked if there was a revision

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but it seems like it's addressed i don't know if it was revised or not that's why i asked that

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question oh morris if you're still there there was a curb here correct and we're just going to

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agree to raise it. I mean, it's not something that will be shown on the plan, zoning plan, but.

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Excuse me, council. Excuse me, council. Yes. Do you have a section of the wall? Yes.

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Sorry.

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So here is where my pointer is and the landscaping and this dark black line here is the curve

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which we would raise to that appropriate height. Right behind the black line, sorry, right here.

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Is that correct, Morris?

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Can you note that in the revision sheet?

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Sure.

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Sure. We can do a revised plan if that's okay.

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We can do a revised plan if that's okay.

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Yeah, why don't we do that?

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Yeah, why don't we do that and I think it'll put that issue, the rest.

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Okay. I'll submit a revised plan with that clearly denoted that the curve will be raised to appropriate.

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Thank you. Thanks, Tom. Thank you. Anyone else?

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Ron, can you hear me?

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Yes.

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Okay, so you're correct. So that is the curve line.

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And in the permit drawings that are ready to be submitted, the curve has been raised.

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It is eight inches higher than the pavers with the raised planter being lower, soil

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being level being lower than that, and then large shrubs to prevent people from being

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able to easily reach through and place any drinks on the surface of the paint.

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So Morris, for the purposes of this hearing, we're going to submit the sheet with that

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denoted on there so the board can stamp it so it'll be part of the zoning permit

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approval okay all right thank you all right planning commission

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good afternoon board peter bernard for the planning commission

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peter were you in i guess you've been sworn in correct i was sworn in on the first case chair

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thank you this property is indicated for commercial mixed use in the comprehensive plan

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we recommend that the special exemption be granted. Thank you. MI 2021-000789-1620

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Chancellor Street. My vote is yes. Excuse me, Chair. We can't vote it until we have the revised

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plans and form. Could we close the record aside from the plans and form and vote it next week at

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the beginning of the two o'clock session. Okay. All right. So MI 2021-0007891620

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Chancellor Street. The record, no, we won't be closing the record, correct? We'll be closing

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the record aside from the receipt of the revised plans and proviso form. So noted. Thank you.

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Carol, we can go to number four.

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Okay, calendar number 0948, 1601 North Front Street.

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The attorney is Dan Reisman.

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Reisman?

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Mr. Reisman has promoted the panelists.

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Thank you.

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Sir, can you hear me? Yes, I can. Yes, I can. Can you put your name and address on the record,

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please, and spell your last name, and then I'll swear you in? Sure. Daniel Reisman,

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address is Eckert Siemens, 2 Liberty Place, 22nd floor, Philadelphia, Pennsylvania, 19102.

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thank you your last name please uh daniel reisman r-e-i-s m as in mary a n as in nancy

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thank you do you swear if i'm to tell the whole truth and nothing but the truth

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yes i do do you agree to waive the reading of the refusal and stipulate to its accuracy

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yes have you emailed the exhibit packet with proof of ownership proof of tax compliance

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