civus
Hearing video

ZBA Hearing - February 15, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 15, 20233h 42m

correct and this is our letter from north square there were you had one one opposed nine in favor

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correct okay or eight in favor i'm sorry and and the council member has also been in support

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correct we're very grateful okay um questions from the board no mr chairman no mr no mr

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chairman questions or comments from the virtual audience i see no hands chair planning commission

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thank you mr chairman good afternoon david effecto f e c t e a u with the city

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planning commission. Oh, I'm sorry. Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth? Yes, sir, I do. Thank you very much. Thank you. Good afternoon, board

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members. The comprehensive plan recommends no change to the residential multifamily zoning at

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this location. To establish a hardship, the code requires the applicant to show the building cannot

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be used as required by zoning. This building was built by Wright as a duplex in 2020. The applicant

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has not shown that anything is preventing them from using this unit as a dwelling unit.

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Therefore, the City Planning Commission recommends the board deny the use variants.

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Thank you. MI 2022-003-329-435 Westberg Street. I vote yes with proviso. Temporary variance expires 3-1-26.

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Thomas Holloman, my vote is yes with Proviso.

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James Snell, my vote is yes with Proviso.

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Ishmael Shahid, my vote is yes with Proviso.

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Thank you.

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Thank you. We appreciate you.

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Okay, let's do number six next, please.

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Okay.

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Let's do number six next.

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MI 2022-005-692-9815 East Roosevelt Boulevard.

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Augusta O'Neill is the attorney.

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Letter of non-opposition from Walton Park Civic Association.

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Letter of non-opposition from Councilman O'Neill.

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um miss augusta she's been promoted to panelists good afternoon hi could you state your name

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please and spell for the court reporter sure my name is augusta o'neill my last name is spelled

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o apostrophe n e-i-l-l right do you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do could you identify your client in relationship to the property

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Sure. My client is Hardeep Chawla. He is the principal of Aurora's Encore LLC, which is the owner of the property.

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Okay. And our vice chair has just a few questions.

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Sure.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Have you emailed all the required documents and exhibits into our offices five days in advance to this hearing?

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I did.

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thank you please proceed to share your screen thank you so much I'm here this afternoon

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representing the owner of the property at 9815 Roosevelt Boulevard just for context I'm going

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to bring up a map of the property to orient the board to its location

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So this is where our property is located. As you can see, we are on the east side of the

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Roosevelt Boulevard. We're in the industrial section of the Boulevard. As you can see,

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we're right in front of the Philadelphia airport. There's a number of distribution

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centers that are surrounding our property. Just again, for context, this is a picture that was

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taken from the property. This is looking north on the boulevard. This is the monument sign that's

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outside of the property, advertising all of the medical uses that are within the property. And

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this application is for an expansion of an existing space within the property that is

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currently one suite, and we would be turning it into four different suites that would all

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be populated with medical uses.

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Again, just for context, this is going south on Roosevelt Boulevard.

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Here's a picture of the property.

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It's a large one-story building.

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This is a section of the property that the tenants will be going into.

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As you can see, there's ample parking for patients or anyone who's coming in for medical

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use.

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Again, just another perspective of the building.

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And again, currently, some of the tenants include NovaCare, Relievis, which is a pain

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management company.

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And then just some pictures again for context, this is the inside of the building, there's

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a number of different medical uses that are currently at the property.

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Again, just a picture of the tenant listing, again, showing the various uses that are in

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there, relieves, there's dental use, there's a number of other medical uses currently at

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property. So on page 21 of your exhibit package, this is a section of the zoning history for the

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property. So what's currently, I'm sorry, what's listed as space A on this old key plan, we're now

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going to be putting it, changing it to four different spaces, as you can see here. The

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The tenants that are already going to be moving in are a dermatologist, a pain management, either moving in or already at these units would be chiropractor, dermatologist, pain management.

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And it says vacant here, but that's actually going to be a pediatrician.

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So this property is zoned I-1.

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and so the reason that we received a refusal is because it's in the northeast overlay district

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which means that any group practitioner use is prohibited and so as a result we did receive a

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refusal and we sent out the appropriate notices to meet with the RCO which is the Walton Park

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notices to meet with the RCO, which is the Walton Park Civic Association. We do have a letter of

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Civic Association.

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non-opposition to the granting of the variants. We also have a letter in our exhibit package from

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Councilman O'Neill. His office indicated they had no objection to the granting of the variants

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and consistent. I would submit to you that the application that we're preparing, I'm sorry,

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presenting today shows uses that are consistent with what's already at the property. There

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wouldn't be any impairment to any adjacent uses and it also would not be detrimental to the public

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welfare. In fact, it would be beneficial to the welfare of whoever's in the neighborhood and has

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a need for medical uses in addition to what's already at the property. With me this afternoon

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is Hardeep Chala. He is the principal of the LLC that owns the property, so I would just call him

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forward to the testimony.

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Hardeep, if you hit the raise hand button, you'll be identified.

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Could you state your name, please, and spell for the court reporter?

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My name is Hardeep Chawla.

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I'm the principal of Aurora Ancor, owner of the subject property 9815 Roosevelt Boulevard.

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Could you spell your name, please, for the court reporter?

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H-A-R-D-E-E-P, first name Hardeep, last name Chawla, C-H-A-W-L-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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Proceed, counsel.

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Thank you so much.

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Hardeep, did you have an opportunity to hear my testimony this afternoon?

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Yes, I did.

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And was everything that I said true and accurate?

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Yes.

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And would you like to adopt my testimony as your own?

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Yes.

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Thank you so much.

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uh and mr chair we are available if the board has any questions questions from the board

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no questions or comments from the virtual audience

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planning commission thank you mr chairman good afternoon board members david fecto city planning

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Commission, the comprehensive plan recommends no change to the I-1 light industrial zoning at this

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location. In November 2013, the Planning Commission recommended disapproval of Bill

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130-770, which created the Northeast Overlay District. Without the overlay, the proposed

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group practitioner would be allowed by right. The proposed group practitioner is the type of

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business that a reasonable person would expect to find in a shopping center, so the City Planning

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Commission recommends the board grant the use variants. MI 2022-005-692-9815 East Roosevelt

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Boulevard, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you, counsel. Thank you so much.

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I'm going to go back to number three, MI 2022, 003-851-7200 Marsden Street, Vladimir Leon.

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Mr. Leon, can you raise your hand, please?

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There he is. I got him.

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do we see him i saw him he's gone again there he is all right we're going to move on we'll

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check back later he's he's there he's there okay okay thank you could you state your name

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and spell for the court reporter please

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sorry you just have to unmute

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unmute is it is it okay now yes could you state your name please and spell for the court

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Yes. My name is Vladimir Leon. My name is Vladimir, please.

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It's D like Victor, L like Leo, A like Apple, D like David, I, M like Mary, I, R like Robert, Leon, L like Leo, E like Edward, O like Ann, and like Nancy.

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Right. Leon.

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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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I do, Your Honor.

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All right. So, this application is for the retail sale of food, beverages, and groceries and consumer goods at the first floor in the same building with an existing family household living above.

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No sign on this application. Let me finish. No sign on this application.

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The proposed retail sale of food, beverages, and groceries and consumer goods is prohibited in the RSA 5 zoning district.

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five zoning district. The proposed multiple principal uses is prohibited in the RSA five

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The proposed multiple principal uses is prohibited.

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zoning district. There is a letter of opposition for the Taconi Civic Association. Our vice chair

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has a few questions for you, and then you can present your case, sir. Okay, thank you.

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Good afternoon, sir. Have you emailed all the required documents and exhibits into our offices

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five days in advance to this hearing?

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I did.

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I did.

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Yes.

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Thank you.

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Please proceed and share your screen.

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How do I share this screen?

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Green button at the bottom of the screen.

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Yeah.

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So we're having a problem on promoting him to panelists.

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I'm not sure why, but it's not promoting him.

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Ms. Nikki, would you be able to try to promote him, please?

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I see Nikki well I can just present if the screen is that you can't we need to see you

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sir oh I actually sent it we're aware of that but you we need to see you and we need to

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see your presentation yes um and should i pull it from the uh are you available

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okay um why don't we do this why don't we move on we'll come back later and we can if we can find

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Nikki, if she can do something, we'll try to work it out then, okay? We'll make that the last case,

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all right? We'll be back to you, sir. Yes, thank you. Okay.

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Number eight, MI 2022-00509-2552-64 North 3rd Street. David Orphanides is the attorney.

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we have a letter of non-opposition from Council Member Lozada.

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Mr. Leon, go offline and we'll be back to you, okay?

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Mr. Chair, I also wanted to note for the current case,

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we do have a letter of support from the Norris Square Community Alliance.

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Thank you.

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Good afternoon, Mr. Orphanides.

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For the record, could you just state your name, please, and spell for the court reporter?

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Certainly. My name is David Orphanides.

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Last name is spelled O-R-P-H-A-N-I-D-E-S.

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I'm with the law firm of Orphanides and Toner LLP.

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Right.

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Can 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 in relationship to the property?

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Certainly.

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My client is the Colorworks, C-O-L-O-R-W-O-R-K-S building, comma, LLC.

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They are the current owner of the subject properties, which collectively are 2552 to 64 and 2566 North 3rd Street, as identified in the OPA.

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But there are a number of individual parcels by deed.

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So our vice chair has just a few questions, sir.

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Certainly.

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Good afternoon, counsel.

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

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Yes.

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Yes, well, the accuracy, there was something missing regarding street trees in a refusal that I've communicated with the examiner about.

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The original plan didn't have the required street trees for the frontage, but in the revised zoning drawings, we've addressed that.

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Okay, yeah, we'll address that as we work our way through the presentation.

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Have you emailed all the required documents and exhibits in our offices five days in advance to this hearing?

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We did. I did.

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Okay, thank you. Please proceed and share your screen.

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Sure.

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Mr. Orfanides, this is Hillary. I just had a quick question. You had mentioned 2556, or sorry, 2566 North 3rd Street. That's not a part of this application, correct? Because it's not listed as one of the addresses on the refusal.

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so it is one it is one of the it is one of the ones and i've talked to um the examiner or the

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examiner about that as well but if you look at the here's a survey plan and i think it's a question

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of how the opa identifies the properties but there are a number of parcels he also said that

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there were four into one and are actually five into one. So, but ultimately, if you look over

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here on the right hand side, it's all the parcels that exist from 2552 all the way to

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It's all the parcels that exist from 2552 all the way to Huntington Street.

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And that's always what's been presented both to the community and to the Civic Design Review Committee.

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So there's an error on the refusal in terms of the addresses that are listed.

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Yeah, and again, I've discussed that with him in the street trees, and we weren't able to get the refusal updated.

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um but again it's always been reflected in all the documentation that we've provided

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that all the presentation materials that it went through to 66 and it physically was depicted as

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including that parcel okay we we may need to to hold because i was not aware that it included

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66 um so we may need to just hold for clarification from lni and ask them to

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issue a corrected refusal with that information but that i can i can handle that but that that's

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something that we can address fairly quickly yes but i think that we'll just need to hold that to

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make sure that that everything that whatever the board does today uh there's no confusion when it

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goes back because the refusal is not reflecting all of the addresses or i mean would we be able

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to still have it voted today or would you hold the vote for that i would hold the vote to make

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sure we have the corrected refusal so hold it till next week i think we could have it resolved

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within a week yeah okay all right thank you appreciate it okay so if i may proceed uh and

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