civus
Hearing video

ZBA Hearing - December 1, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20214h 59m

can find um local local eats and drinks um not from your national chains but from more local

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focused breweries and and that kind of a thing um so also this is a referral not a refusal um we

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we believe that the opposition again was just folks that didn't want to see any kind of um

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business go into the spot that that would attract tourists um and as you can see the spot the spot

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needs work and the block needs work so we're hopeful that we can get the support here of of

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the zba and we can go excuse me mr console this is sharon did you say that the rco letter

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sent a letter in support there it's the the rco board themselves supported three to two

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The meeting attendees was 4 to 11, and the RCO themselves didn't seem to indicate either way on this document.

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They did not state a position, but it does say that all meeting attendees, 4 supported and 11 opposed, 3 did not vote.

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Right, that's what I just said.

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Yeah, for some reason they broke it down.

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I just suspect that the RCO wanted it.

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I think the board did.

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I just believe that the neighbors that came out and called in, they wanted to appease them as well.

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So they took no position, not even a negative position here, and didn't attach any kind of rationale to this.

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So we're hopeful that we can get the support.

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We think it needs it.

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And like I said, Michael has a proven track record of success here.

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And in a second, I'll let him talk.

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Briefly, he wanted me to mention that he'll be employing at a minimum of 12 people, possibly up to 20 people, and trash.

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He'll be recycling all bottles.

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He has some sort of machine that turns all the glass bottles into sand, and he sends them out for recycling.

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And otherwise, he has daily pickup for his other two restaurants that will also continue to pick up this trash.

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It'll be a daily trash pickup.

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so we don't believe there's any issue

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in terms of trash and that kind of a thing.

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So if I could call Michael,

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if you could raise his hand and we could swear him in.

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Michael, may you please raise your virtual hand

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so you can be sworn in, sir.

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Michael, please state your name and spell it for the court reporter.

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Do we have him?

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What is the name again?

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Michael Stasek, S-T-O-S-I-A-C.

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Can you please raise your hand to be recognized?

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If not, we will move on.

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Thank you.

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Nothing?

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No.

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right so so council we understand you're an officer of the court so we'll we'll understand

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that that would adopt a testimony so we're fine okay any questions from the board no mr chairman

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no sir are there other people in the virtual audience that would like to talk or or testify

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about this i see no hands mr chair planning commission

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um well this is mason austin representing the planning commission

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um it's m-a-s-o-n-a-u-s-t-i-n

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um so the property uh i'm sorry one minute chair if you could swear him in he's newly

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um appointed for the planning commission for today sure do you swear or affirm to tell the

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truth the whole truth and nothing but the truth yes i do thanks uh mr chair and members of the

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board, this property is designated for commercial mixed use in the comprehensive plan and zoning

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matches that designation. Given the location in the heart of an area that has long served

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as a destination for dining and entertainment, there's no reason to believe the impact of this

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proposal will be greater than what one would normally anticipate from that use. Consequently,

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staff of the planning commission support the request for a special exception. Thank you.

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support the request for a special exception. Thank you.

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MI 2021 00956 13th North 3rd Street, I vote yes.

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Carol Tenere, my vote is yes.

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Pastor Plaza, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Thank you, board.

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Thank you.

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MI 2021-003551, 1325 Beach Street.

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No RCO letter from the Fishtown neighbors.

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Councilman Squill did send a letter of non-opposition where he talks about provisos, etc.

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Council is Stephanie Boggs-McMagda.

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Mr. Chair, Mr. Ronald Patterson has his hand raised.

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I can speak at this time.

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You can promote him.

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Yep.

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Okay.

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Mr. Patterson will be rejoining us as a panelist.

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Sure.

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i'm here good afternoon good morning mr patterson could you state your name and spell it for the

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court reporter sure good afternoon uh nice to see you mr chairman uh ronald patterson p-a-t-t-e-r-s-o-n

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claire harrison law firm 1835 market street philadelphia pa 19103 on behalf of the owner

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developer and the tenant in this application you swear a firm to tell the truth the whole truth

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nothing but the truth i do okay sir uh okay do you want me to follow through yeah yeah yeah

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

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reading um the refusal is not accurate it calls this a special exception case when it actually

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as a variance case. So I want to make that note. Okay, so noted. Have you emailed the exhibit

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packet with proof of ownership, tax compliance, refusal, referral, photos under plans of the

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property, five days in advance of this hearing, and have you met with the RCO, and do you have

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a letter? I have done all that. I don't have the letter, but I have assigned a proviso agreement

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that we have with Fishtown Neighbors Association. Okay, great. You may proceed. Great, thank you.

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Let me share my screen here.

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Is the screen shared? Yep. Okay, great.

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One second.

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So, this application regards, the address is 1325 Beach Street.

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You'll see an aerial photograph here.

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I'm sorry, Mr. Patterson.

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Yes.

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This is Tanya Sunkit. We're unable to see.

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Oh, we lost it.

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Okay, let me try it again.

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are we clear now

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yes okay great thanks

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So, this is an aerial photograph of the property. To the left, which is to the south, is Penn

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Treaty Park. It's at the Delaware River, obviously. It's the site of the historical Pico-Delaware

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generating power plant station that surfaced Philadelphia from 1923 until about the early

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2000s. Here is a rendering of what it's going to look like. So the building that exists is

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historically designated. Mr. Winderman, an architect from the time designed this building,

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constructed in the classic revival and bozart style. The owner and developer,

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which I mentioned I also represent, is preserving yet renovating the building and restoring it.

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which I mentioned I also represent as preserving yet renovating the building and restoring it to

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its former grandiose but different state. The property is approximately 16 acres

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and it's a six-story building containing and will contain these former boilers that are

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at the top of the building. So some renovations have been underway at the facility

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to bring it back to life over the last couple years. I obtained by right approvals

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that collectively approved a two-story addition here atop of the building,

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creating 284 single-family residential dwelling units both inside the building

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and that new addition, creating business and professional offices back here

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in the front, and creating 322 on-site parking spaces.

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So this application regards a use approval in the interior of the building

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along this area here that would be facing the river. We seek to use the Grand Ball areas

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for banquet events by Joe Volpe who owns and operates the Chess Cafe operation. He also

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plans to move his main headquarters here. So the property is located in a CMX3 commercial

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zoning district plus four special overlay control districts. One of them requires that

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that any such use as this requires a variance.

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Now, there's no separate category for banquet events,

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but it's contained within the use category

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of nightclubs and private clubs.

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And that's why the refusal reads that way,

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which is kind of misleading.

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So what is proposed will activate the building

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in the waterfront, as Joe will briefly describe,

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events can take place along the rear here

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and also utilize this open space. This is the river trail that I'm pointing to which will

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connect with Penn Treaty Park and proceed to the north and it will remain open to the public.

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So what is proposed again is large banquet event space, no third-party events

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like all of Joe's other seven venues in Philadelphia. So while our use is a banquet

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hall as I mentioned it's not a nightclub which is that use category of the zoning code which

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brings us that we met with the Fishtown Neighborhood Association and showed and committed to

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series of provisos some of the pictures

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pretty fascinating

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There's some interior photos, space under construction to our final provisor conditions here.

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so it's my exhibit two of my packages they're actually their letter here as you'll see i don't

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know why you don't have it but the um we've agreed to the proviso conditions which regard

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it's probably beyond what the board is interested in but um it kind of boxes us into the banquet

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hall use so we're not turning it into a nightclub or private club which is not what we're asking so

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the categorization of the banquet hall as well as the location of this property the building

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its past uses, its proposed use, and its surrounding use creates an unnecessary hardship to allow

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us to viably reuse this building.

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And yet the use coupled with the FNA provision conditions, for example, are evidence that

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the use at this location will create no adverse impacts for the public health and safety

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and welfare.

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So with that said, I would ask if you could promote Joe Volpe, V-O-L-P-E.

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I'm allowed to speak.

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so are you there i'm here and mr volpe could you mention your name and spell it for the court

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reporter george joseph volpe j-o-s-e-p-h-v-o-l-p-e mr volpe do you swear or firm to tell the truth

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the whole truth and nothing but the truth i do thank you thank you uh hi joe uh could you let

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the board know your connection with this application yeah certainly first uh thank you to the

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entire zba board for here in our case we we appreciate it um my name is joseph volpe as we

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stated earlier um the owner of a cheska the event group which is a full service uh wedding and a

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Wedding and a large gala event production company located right here in Philadelphia.

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large gala event production

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As Ron stated, we have seven other venues here in Philadelphia, and we ask that you make this grandiose building our eighth venue and our corporate headquarters.

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So that is our intention. I've been working with the FNA for about three or four years now to get this off of the ground.

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um i finally have uh partnered with the the right um developer who's going to make that happen

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and uh you know we ask that you uh grant our uh our approval so thank you joe let me ask you a

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few questions um you heard my presentation would you agree that it's true and accurate and you would

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adopt it as if you were your own yes and let's just focus just briefly so this is not a night

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club or a private club correct no and as you use it as your as like your other banquet facilities

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and it wouldn't be rented for third party use where they could come in and do whatever they

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want in the space is that correct correct it'll be it'll be um ran just like our seven other

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venues we specialize in weddings and large galas and that is our intention for this facility as

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well so you saw fna support letter and i'm showing right now the provisors although they go beyond

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what the board can approve but just to see the flavor of what um you know the spirit of cooperation

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with them and you're you're in in agreement with those provisors yes we've agreed to all of those

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correct um thank you excuse me this is oh i'm sorry mr patterson no further questions for mr

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sorry to interrupt i just wanted to say that i've gone through the proposed uh provisos

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and my recommendation for what would be permitted and enforceable would be these provisos

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permitted use limited to private events not open to the public number one two hours of operation

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they would be as stated in the letter from fna and trash to be stored indoors do you find those

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acceptable that's for you joe yes i do thank you questions from the board i have no questions

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other people in the virtual audience who have uh issues that we want to raise

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no hands mr chair planning commission hi mr chair and members of the board this is mason

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austin speaking for the planning commission this property is designated for commercial mixed use

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in the comprehensive plan and the zoning was updated in 2015 to match that designation

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the location is well separated from residential uses and the proposal will help to revitalize

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the historic property further this use is only prohibited pursuant to an overlay that was not

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supported by the Planning Commission. Consequently, staff of the Planning Commission support the

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granting of the requested variance. MI 2021-003551-1325, Beach Street, I vote yes

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with the provisos that our council mentioned. Sorry, Bill. Harold Tenere, my vote is yes with

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provisos. Professor Plaza, yes with provisos. James Snell, yes with provisos. Thomas Holliman,

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yes we'll devise those

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thank you so much

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thank you

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have a great day

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that's amazing

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MI 2021

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003536

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1438 McKean Street

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Mark Danik is the

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counsel no RC letter

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no RCO letter from the

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South Broad Street Neighborhood Association

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Mr. Danek has been promoted to panelist.

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

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Yes, Mark Danek, M-A-R-K-D-A-N-E-K.

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I'm the attorney of record for 423 Cedar Lane, the owner of 1438 McCain Street.

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