civus
Hearing video

ZBA Hearing - February 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 22, 20233h 36m

Yeah.

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Yeah.

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This is the only business there.

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Only business there?

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Yes.

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do you have the letter there

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from the

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I do

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I'll share that

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okay

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So this is the letter, RCU letter, and it's actually a letter of support, not a non-opposition.

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And these are the five provisos that they're asking us to agree to, which we have no issues with.

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Okay.

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Could you have your client adopt your testimony, please?

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about my testimony yes

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can you uh i don't understand what you're asking

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no you you're well your client should state his name spell for the court reporter oh

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then you're then you're going to say to him did you hear my testimony

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and would you accept it as your own okay so have your client state his name

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and please spell it for the court reporter

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k-a-k-h-a-b-e-r-i

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the last name

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c-h-u-b-i-n-i-d-z-e

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do you swear for him to tell the truth

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the whole truth and nothing but the truth

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I know

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and counsel you just say to your client

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did you hear my testimony

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would you adopt it as your own

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Do you hear my testimony and do you adopt my testimony as your own?

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Yeah.

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Okay.

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Questions from the board?

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No, Mr. Chairman.

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Jim?

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No, Mr. Chairman.

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Thank you.

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Questions or comments from the virtual audience?

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Alice?

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Yes.

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thank you chairman uh members of the board alice just state your name again you've already been

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sworn sure alice yudovich u-d-o-v-i-c-h as i stressed earlier the uh the councilman had put

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this overlay in place for exactly the reason that i mentioned that he'd like to uh prohibit this

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type of use in industrial parks. Although the the Greater Busselton has put in many provisos,

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we often find that those are difficult to to get enforced. So for that reason,

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the Councilman strongly opposes this project. Thank you. Other questions or comments from

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the virtual audience? Sir, I do not see any further hands at this time.

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planning commission thank you chair bergman david fecto with the city planning commission

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chair bergman and members of the board the comprehensive plan recommends no change to

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the medium industrial zoning at this location in november 2013 the planning commission did

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not take a position on bill number 130634 which created the far northeast overlay district

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without the overlay the proposed vehicle sales and rentals would be allowed by right

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The applicant's proposed use is the type of business that a reasonable person would expect to find at this location, and it is consistent with the current use of the building.

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The City Planning Commission recommends that the board grant the use variance.

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Okay.

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Mr. Pack, do you have any more comments?

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I noticed you started to say something.

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Yes, Mr. Chairman.

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If it would help the cause, maybe we can have a meeting with the councilman's office.

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Mr. Chair, if the board would like, we can hold the vote on this for a week or two weeks so that that meeting can occur.

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We'll hold the vote for two weeks and the record will be closed other than hearing from the council's office. Is that okay, Hillary?

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That is fine, Mr. Chair. Thank you.

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That is fine, Mr. Chair. Thank you.

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All right. Thank you, Mr. Pack.

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All right. Thank you, Mr. Pack.

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Now, Ms. Ellis, who do you, sorry, I'm going to mess up your last name. Can I have your telephone number where I can reach you?

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Why don't you do that? You can find her telephone number in the councilman's office. You can find that. I won't give an email. Thank you.

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Number six, MI 2022-002-904, 1000 to 1010 North Delaware Avenue.

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Ronald Patterson is the attorney.

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Letter of support from Fishtown Neighbors Association.

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Application provided five form letters of support from neighbors.

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civic design review required and completed. Mr. Patterson, just state your name. You've already

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been sworn. Great, Mr. Chairman. I'm still here. Thank you. Ronald Patterson, P-A-T-T-E-R-S-O-N,

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Law Firm, 1835 Market Street, on behalf of the owner and developer. Mr. Patterson,

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could you identify your client and relationship to this property? Sure. Owner and developer,

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name is 945 Frankfurt, LLC. All right. Thank you. And Mr. Holloman has just a few questions.

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Good afternoon, counsel. Do you agree to wait for the refusal and stipulate to his accuracy?

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Yes, I do. Did you email all of the exhibits and documents as required five days in advance

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to this hearing? Did you meet with the RCO? And do you have a letter? Yes, so all of the above.

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Thank you.

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Please proceed.

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Thank you.

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Thank you.

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You can view my screen?

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Yes.

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Yes.

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All right.

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Great.

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Thank you.

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As you stated, this regard is 1000 North Delaware Avenue.

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You see here on our screen.

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It's located at the corner of Delaware Avenue and Frankfurt Avenue.

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It's a peculiarly configured parcel, vacant.

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It's approximately 12,350 square feet.

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and it's located behind this septa bus turnaround here. It's surrounded by the Fillmore Complex,

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flanked by mid-rise buildings to the north and other buildings to the south. It actually,

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frankly, is a gateway anchored to entering into a Fishtown area. The zoning district,

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we are here. It's a CMX 2.5 zoning district, and looking at the map, it's kind of an outlier

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along North Tower Avenue, since we are flanked left and right, north and south, let's say,

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by CMX 3. And it seems consistent with the district plan for commercial and walkability

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in this area. What we're proposing here is to

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construct one detached standalone seven-story building comprised of, on the first floor,

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A commercial space, as you see here, which is very high floor to ceiling, so dedicated for commercial space, approximately 4,374 square feet with a residential lobby and accessory amenities, and also with a nice public open space that will remain open and accessible here of the property.

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On floors two through seven, proposing 78 single-family residential dwelling units. And on the roof, a roof deck to be used by residents, a residential roof deck with roof access structures and mechanicals.

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The total square footage of the building, GFA, would be around 69,160 square feet.

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This is our refusal letter.

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I'll start with the bottom one first.

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We're required to have 26 bicycle spaces.

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We had originally provided 24.

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We did revise our plans to provide 26, so that refusal has left.

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In terms of, and you'll hear from our architects, we designed a building kind of in accordance with CMX3, and that's why you see some deviation here.

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The height proposes 84, where 55 is allowed.

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The number of units in CMX2.5, the number of units is based upon the size of a lot area.

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CMX3, there's no limit to the number of units.

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The roof deck area, this does apply in more of a residential setting, 125 square feet, but as you hear, what we're proposing in this 428 square feet is what you would find typical in a building like this, and it includes the staircase, the elevator, and the required elevator lobby.

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It's not meant to be an occupied area that has a sink or bathroom and the like.

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as you see it's a very

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As you see, it's a very handsome design with articulation and distinguishing features to create this nice lower floor area.

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And it's all designed to fit within the character and the context of the surrounding buildings and utilizing the open space to as best degree as we can with this peculiarly reconfigured property.

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We did meetings with the Fishtown Neighborhood Association, also with Fishtown Kensington Area Business Improvement District, and as well, as you mentioned, we did complete the civic design review, which was on October 11, 2022, all of which provided great comments and support, and it's all helped for the future design of the project.

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As you mentioned, I also included some support letters from immediate neighbors.

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In terms of hardship, the height, the peculiar configuration, the location, and the surrounding uses create this hardship to viably develop the property, which necessitated increasing the height to create first the commercially viable space, as well as the populated with residents that would use the space.

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I mentioned about the roof deck and I mentioned about the units.

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All trash will be stored inside the building.

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Trash removal route, which we agreed upon, which would go down Sarah Street and out East Allen.

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So with that said, I'd like to introduce our architect, Carrie Jackson Yance.

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If you're there, please raise your hand.

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i've been recognized can you guys hear me could you could you state your name please and spell

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for the court reporter my name is carrie jackson yachts that's c-a-r-e-y jackson j-a-c-k-s-o-n

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yachts y-o-n-c-e right you swear or affirm to tell the truth the whole truth and nothing but

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the truth? I do. Proceed, counsel. Thank you. Hi, Kerry. How are you? Hey, Ron. So you've heard

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my presentation, my testimony. Would you agree that it's true and accurate? I do. And would you

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adopt it as your own so far? I do. Great. Thank you. So as mentioned, you're the architect on

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this project? I am. Which means you designed and helped create and develop the site plan and the

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elevations. Is that fair to say? That is correct. And in doing so, you considered many considerations

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of the area. For example, this picture that I'm showing here and some other buildings you've done

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in the Fishtown area. Is that fair to say? That is correct. The image that you're on right now

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are two previous projects that we did with the same developer that we're doing this project with

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now. And I think you've got to see the kind of attention to detail that we put in these two

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projects. You can even see some of the kind of similar motifs. So the arched openings, the large

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windows, the brick detail, and these are all things that we're now proposing to bring to this gateway

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to Fishdown just at a larger scale. Thank you. And so if you want to, you know, elaborate on

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the approach and what the uses are for and how you design for this high commercial space and

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utilizing the open space area, I would ask you to please elaborate on that to activate the public

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space. I think as Ron mentioned earlier, the site is a little bit of an irregular shape. So one of

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the first design decisions we made was to not quite square off the site, but to make the footprint a

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little more regular. In coordinating with the community group, with the remaining property

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that was kind of cut off, we've created this pocket park that is adjacent to the trolley

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turnaround. So that will be a public park. It will, in this image, the commercial entry is to

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the left of that. And there will potentially be a commercial entry through the park. But as we go

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down toward Delaware, and as we turn Delaware Avenue, that is all going to be commercial space.

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uh as ron mentioned quite high ceilings i think we're in the 16 foot tall range at one point

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and we just anticipate that being a very high profile kind of very viable active commercial

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space right at this main corner when you start to enter the fish town neighborhood and the size

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and design of the building you believe fits within the character and the context of the neighborhood

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Completely, especially at such a high-profile intersection.

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And what considerations did you take into account in terms of this being a transit-oriented area?

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We're hoping that being the kind of terminus of the trolley line, that we're going to create multiple new users for this trolley.

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that we're going to create multiple new users for this trial is literally at their front door.

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Yeah, what I'm really getting at is you're really activating Delaware Avenue here and you're

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providing extra bike racks. Completely, 100%. Okay, that's all I have. Unless you have any

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questions, Mr. Chairman? Fine with him. Anyone else on the board have a question for the architect?

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No, Mr. Chairman.

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Proceed, Ron.

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I have no other witnesses unless someone from one of the states.

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You want to use your client here or no?

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No, no thanks.

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Okay, all right.

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Ron, one question.

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One question.

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Could you show me the area again, how this fits in with the rest of the area?

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That photo?

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Yeah, that's good.

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Yeah.

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Yeah.

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So there are apartments to the right, too, up there?

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That's correct.

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And as you move farther north, there are.

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Okay, good.

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All right, thank you.

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As much more as you move north.

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All right.

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Questions from the board?

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Questions from the board?

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No, Mr. Chairman.

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Mr. Chairman.

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Thank you.

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Questions or comments from the virtual audience?

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Mr. Chair, I have a hand raised for Mr. Mark Colazzo.

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I have a lot of time to speak, sir.

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Hi, sir.

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

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Sure.

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Thank you, Mr. Chairman.

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Mark Colazzo, M-A-R-C, C-O-L-L-A-Z-Z-O, Executive Director of the Fishtown-Kensington area

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Business Improvement District.

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All right.

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

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I do.

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Proceed, sir.

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