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Hearing video

ZBA Hearing - May 21, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20255h 4m

that's commercial space number two. Commercial space number one is where the prepared food shop

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is, the coffee shop. And you can see that both of them are bi-levels, first floor, lower level.

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Next. Then you can see the second and third floors. You have on the second floor, you have

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three units, a two-bedroom, one-bath, a one-bedroom, one-bath,

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and a one-bedroom, one-bath. And on the third floor, it mimics that. You have a two-bedroom,

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one-bath, a one-bedroom, one-bath, and another one-bed, one-bath.

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Again, we focus to make sure that there's

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a lot of light and air with these units.

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So every place has adequate air and light

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for both the living areas as well as the bedrooms.

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uh next and then you know we don't have a roof deck here it's just for mechanical use only

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uh i believe yes so that's basically our project in a nutshell we had again overwhelming support

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from the community just like last time my client apologizes for clogging up the system to do this

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twice um but she's anxious to get this started you know i see council person got the a's in favor

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a bit yes okay um you want to bring your client on yes uh miss bunch can you virtually raise your

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hand is accept the invitation to become panelists thank you sure

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all right can you hear me yeah i can could you please state your name and spell for this

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stenographer sure my name is nasha bunch first name is spelled n as in nancy a s h a last name

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is bunch spelled b as in boy u n c h you swear or affirm to tell the truth the whole truth nothing

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but the truth yes please proceed counsel uh yes miss bunch you heard everything i had to state

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today about your zoning matter correct yes is it true and correct yes and do you adopt this

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your own testimony yes thank you helen what was the last time you were here with this

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or when she was here with it uh if if you go back to uh the zoning permit it's on there

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it will say the date it's it's been a little more than three years that's the problem

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All right. Questions from the board.

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Questions from our attorney. Not at this time, Mr. Chair.

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Questions or comments from the audience or the virtual audience?

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I do not see any hands, Mr. Chair. Planning Commission.

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Amy Boyd with the Planning Commission. The comprehensive plan recommends no change in zoning at this location from the existing CMX2 commercial mixed use.

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The plan has demonstrated that the proposed take-out restaurant and assembly and entertainment will not cause such a bunch of impacts beyond what would reasonably be expected.

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However, they have not shown that there are unique physical conditions or circumstances of the property that would prevent it from being used in conformance with the zoning code for occupied area and rear yard setback.

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the planning commission recommends that the board grant their requested special exceptions for

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assembly and entertainment and takeout restaurant but deny the requested variances for a unit count

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occupied area and rear yard setback may i just briefly respond as you saw this isn't a regular

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shape law to meet those dimensional requirements would be almost impossible in terms of the unit

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count we think that given you know the marking conditions it may well first of all three years

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ago this board granted same six units uh but especially now given the market conditions in

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order to make this property this project work we need that six unit and we think that it's a

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responsible use of the property especially given that there's no basement living at all for this

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project thank you mi 2025 000 597 4217 to 19 languster avenue i vote yes with proviso per amended

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refusal dated 5-12-25.

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Michael Johns, my vote is yes

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with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tana Graham, my vote is yes with Proviso.

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Tana Graham, my vote is yes

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with proviso.

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My vote is yes with Proviso.

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My vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you. Have a good trip.

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Thank you.

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All right.

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Number five, MI 2025-000522-4817 Walton Street.

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Vern Anastasio is the attorney.

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Mr. Chair, we'll be rejoining as a panelist shortly.

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Sure.

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Hello, Mr. Chair.

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Did I swear you today or is this your first time?

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Yes, sir.

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I did swear you earlier?

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This morning, yeah.

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Okay, just for the record, state your name.

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Yep, Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Russell Goldstein, my client.

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Our vice chair has a few questions, but I will note that we do have a letter of support from Cedar Park Neighbors.

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Vote with seven in support, two in non-opposition.

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Good afternoon, counsel. Do you agree to wait another refusal or stipulate to his accuracy?

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good afternoon yes i do have you emailed in all the required documents and exhibits as needed to

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proceed with this case five days in advance of this hearing i have thank you counselor please

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proceed share your screen thank you to chair members of the board this is a rather straightforward

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a pre-existing duplex, 4817 Walton Avenue.

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And we're going to start with the aforementioned support from the community.

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We did, in fact, circulate and got, it looks like, six immediate neighbors on the block

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who signed a petition.

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In addition, we have a tally of support. Nine voted to either support or not oppose. Zero voted to oppose this appeal, and it's primarily because of its very long history since the late 40s.

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All of this will be moved into evidence.

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I have a 92-page exhibit binder that will be moving into evidence.

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As you can see, as far back as the 46, we have the property turned into a two-family dwelling.

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And that's what it's been.

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My client purchased the property a few years ago, attempted to get a renter's license,

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and that's how he learned that we need to go through this process.

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So because the property currently is zoned RSA when it should be for a single family home is the designation.

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Here's the planned interior layout for the basement.

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I could zoom in at any time, but this is just for a brief overview.

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It'll be unfinished.

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That's where, as your photos will show you, is where the utilities are, the water tanks, the hot water heaters, and the electric meters and whatnot.

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here's the first floor we'll zoom in a little bit a little bit yep 870 square foot one bedroom

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apartment coming onto the porch enter to the foyer between the uh there's a little vestibule

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i believe that's the word for this and then coming in you make a right into the living room

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there's a large dining room

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and we have a kitchen and a bedroom it's also a bath a full bath right off the kitchen

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and a door to the from the kitchen out to the backyard where there's ample space for storage

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the second unit which is the second third and attic is just under 2 000 square feet

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and we go up the stairs and you are led into the uh right here living room dining room large

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kitchen and a full bath it's also a closet for trash and then the top floor

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is where you have your two bedrooms uh large bath laundry facilities

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walk-in closet and then the attic is sort of just like an extra bonus space some folks use it for

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storage my client decided to draw in a couple chair a chair and a love seat for additional space

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let's take a look at some photos I'm going to pull out a little bit here we go

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There we go.

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It's a very well-kept property,

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a very well-appointed, good bones,

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been in use for quite some time.

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What's the area look like for multiple families?

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There are some, these are really big homes.

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So while many of them are one family dwellings, there are also some two, three, and even four

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family dwellings.

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but if something of this size had to be divided this was the minimal division that was done

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uh 60 some odd years 70 some odd years i guess or even longer years ago

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but it's been very well kept up here's the letter that was mailed to everybody

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not only for the april 15th community meeting but today's hearing as well

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105 individual households were mailed and as a result you did say we have a support unanimous

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from the community, and then an additional six folks who live on the block signing in support.

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Because of the long history of the property being a duplex, because of the overwhelming support from

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the community, I'm respectfully requesting granting of the variance to turn this back to a single

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family home would mean having to gut the entire first floor, move a kitchen, financially just

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would not work um after having just purchased the property so with that i'm going to ask my

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client mr russell goldstein to raise his virtual hand thank you

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we're coming back in as a panel soon thank you you're welcome

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hello can everybody see me hi could you please state your name and spell for the stenographer

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sir yes russell goldstein r-u-s-s-e-l-l-g-o-l-d-s-t-e-i-n you swear or affirm to tell the

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truth the whole truth and nothing but the truth yes please proceed counsel thank you

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russell good to see you uh did you uh hear my presentation to the board today

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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You adopt it as your own testimony?

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Yes.

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And I'll just add that the property to the left of me through the alleyway is a triplex, as well as the property attached to me is also a triplex.

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And everything else exactly as Vern stated.

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Thank you.

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Thank you.

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Questions from the board?

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Yes.

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when when did you purchase this property last go ahead no go for it burn you might have it

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December 2021 okay and it was like this when it was purchased correct okay all right thank you

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all the questions from the board questions from our attorney Hillary Emerson

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because this is an rsa3 property um there's parking required is there parking at this

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property no okay all right so that's just a misrefusal in this case okay all right thank

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you so much yeah questions or comments from the audience or the virtual audience

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yeah i do not see any hands planning commission amy boyd with planning commission the comprehensive

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The plan recommends no change in zoning at this location from the existing RSA 3, residential single family.

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There is a documented history of use of multifamily going back to at least 1946.

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The Planning Commission recommends that the Board grant the requested variance for multifamily.

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Thank you.

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MI 2025-005-22-4817 Walton Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Iowan, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you, counsel.

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Thank you.

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Thank you.

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All right.

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Number 14, MI 2025-001-270-2400 We Sheaf Lane.

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Eileen Quigley is the attorney.

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There's a letter of unanimous support from Port Richmond on patrol.

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good afternoon eileen could you please state your name and spell for the stenographer

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

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from ballard spar llp 1735 market street 51st floor 19103 do you swear or affirm to tell the

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truth, the whole truth, and nothing but the truth? I do. Would you identify your client,

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the relationship to the property? Yes. My client is a

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proposed tenant at the property located at 2400 Wheat Sheaf Lane.

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It's Archwell Health. And with me from Archwell Health

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is Dr. Charlene Moten, who is the

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Senior Market Medical Director, and Seth Dickey, who is the

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Associate Vice President of Market Development. Our Vice Chair has a few

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questions good afternoon council do you agree to weigh the read another refusal or stipulate to

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its accuracy i do have you emailed in all the required documents and exhibits that's needed to

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proceed with this case five days in advance of this hearing yes we have thank you council please

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proceed and share your screen i apologize i do not have internet access and the only thing i can

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be comforted in it is that you have seen and heard r12 health centers before you at least

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five or six times. And I do understand. I think that Ian is going to go through the exhibits.

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I think it's up. Okay. So there's a notice of refusal. I just want to get some preliminary

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items out of the way. We are requesting a variance from the overlay district,

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which is the Northeast overlay. We did submit our exhibits, as we said. And notably,

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We have the lease at Exhibit 1, the certificate of tax clearance, affidavit of posting, as

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well as the RCO letter of support at Exhibit 13, the RCO notice letter and neighbor notice

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letters with certificates of mailing, which were all timely mailed at Exhibits 14 and

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15.

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And with that, we would just like to, can we move to Exhibit 7, please, Ian?

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This is the zoning map.

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as i noted this is a commercial this is a ca2 zoning district in which the property lies

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the underlying zoning district permits this medical health practitioner office used by right

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we were refused because the overlay prohibits it specifically at the northeast overlay title

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14 515 2a and we have those relevant zoning code excerpts at exhibit tab 6

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As you can see, the property is CA2.

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It's surrounded by other commercial and industrial sites.

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Go to Exhibit 8, please.

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These are photos of the site.

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This property is an existing shopping center,

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and the Archwell Health will be in one of the vacant commercial spaces.

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That's the affidavit of posting.

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So the tenant space is about 12,800 square feet, and the use will be, as I said, a group medical and health practitioner office use.

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They are going to be providing primary care services for individuals 60 and over, and other services include the primary care provider visits, lab work, nutrition, education, and preventive health screening.

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they have approximately 35 employees that will be on hand including doctors nurses nurse

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practitioners medical staff and support staff their hours of operation are monday through friday

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