civus
Hearing video

ZBA Hearing - July 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 24, 20246h 16m

uses on a lot as this is an rsa5 property so i just wanted to to note that um second

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So I just wanted to note that.

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you can

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Second, Ms. Ferlinger mentioned in the RCO letter that they wanted to see this particularly limited to a group dental practitioner.

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I know it says that on the refusal, but technically the use is broader than that.

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the actual use category group dental practitioner is not a use in the zoning code, but the board

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could adopt a proviso limiting the use to a group dental practitioner if it wished.

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And that would be perfectly acceptable to the applicant.

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I have a question. The multiple uses that they weren't given a refusal for,

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if approved, does that take that away? Does that include that?

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yes it is it is presumed um approved if we approve this application so i just wanted to

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note it for the record in case it came up in the future that we were aware of it and that

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you know the board by approving it approved this additional refusal as well gotcha thanks

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questions or comments from the virtual audience

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planning commission chair we have pamela andrews with their hand raised and they have the number

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Hi, could you please state your name and spell for the stenographer?

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Good afternoon, Pamela Andrews, P-A-M-E-L-A Andrews, A-N-D-R-E-W-S.

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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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Please proceed.

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Give me the opportunity to speak this afternoon.

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First of all, I'm the chair of West Pout and Saunders Park, RCO.

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We did have numerous meetings with this developer.

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However, the community is in support of this project, but I just want to note that we did work with the original owner on this project very extensively to get this design done in a way that the community could support.

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And there was a CBA that was put together with a term sheet and specific ask that the community had wanted to see that developer sign off on with us.

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Those items in that CBA were submitted to Mr. Rami, and I am hoping that if this is approved, that we will have an opportunity to sit down and to look at that CBA once again and get an appropriate term sheet set aside with his attorney that would address those issues.

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Because we've been working with developers on this project since 2021.

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That proposed CBA covered things like beautification of the block.

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The developer said he would work with us to help to provide funds for our clean and safe community initiative.

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But the community, first and foremost, wanted assurances that the dental practice could only be used as a dental practice.

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moving forward in the future.

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Thank you for giving me the opportunity to speak.

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Thank you for calling us.

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We appreciate it.

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Planning Commission.

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You know, I'm sorry, Mr. Chairman.

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I do have one more question.

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Okay.

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Does a dental practice require any kind of special trash disposal,

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like you would say with a medical office?

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Require by whom, Ms. Gatson?

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I don't know by whoever.

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I mean, would this produce like some kind of, I don't know, hazardous waste of any sort?

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So I certainly, yeah, I mean, it's certainly not a zoning requirement.

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Rami, are you able to speak to how that is addressed at the other dental practices?

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I would imagine that there are designated disposal areas and pickups for things of that nature.

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Yes, certainly. We actually, a dental practice is required.

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You have companies that you contract with them and they dispose the, you know, the dental waste that they take it.

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And it doesn't go with the regular trash of the building.

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Okay. All right. Just asking.

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Good question.

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Thank you.

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Chair, we have Pamela.

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Thank you.

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Thank you.

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With your hand raised again.

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Okay.

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Hi, Pamela.

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Pamela?

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Please unmute yourself.

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I'm sorry.

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I just wanted to note that the community did bring up concerns about medical trash, and some of those things were actually...

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concerns about medical trash and some of those things were actually to be listed in the CBA

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specifically in terms of how trash was going to be managed on that site so we had addressed that

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thank you thank you very much Pamela um planning commission

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John Levicar planning commission the comprehensive plan recommends no change to the RSA 5 zoning at

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this site. Given the zoning and lot size, the variance for group practitioner's office is out

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of character, but the variance for two-family dwelling is de minimis and appropriate for the

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area. Therefore, PCPC recommends granting the variance for two dwelling units and denying the

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variance for group practitioner office use. Mr. Chairman, just to address that briefly,

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as I noted, that refusal for two-family is not even a correct refusal. And we submit that,

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again, this proposal is bringing this property much further into compliance based on the context

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of the surrounding area. Hillary, what was your comment about a provost?

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Mr. Chair, I could indicate. Dental? Dental? Yes, that the use is limited to a group dental

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practitioner. Thank you. MI 2024-002-602-31 to 33 North 43rd Street, I vote yes with

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proviso to group dental practitioner. Ishmael Shaheed, my vote is yes with proviso.

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I'm sorry, Mr. Chairman, could you repeat that?

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I didn't.

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So what Hillary said, the use is limited to a group dental practitioner.

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Oh, okay.

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Thank you.

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Yes.

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I'm sorry.

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Jeanette Graham, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tyia Nguyen, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Thank you, counsel. We're going to go back. We're going to handle one more on this list and we're going to take a break.

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So number seven, MI 2024-002-433-6150 Lancaster Avenue. David or Daniel Mita is the attorney.

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Unanimous support from Overbrook West Neighbors.

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Counsel, could you please state your name and spell for the court stenographer?

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Daniel Mita, M-I-T-A, with Dwayne Morris.

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

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Yes.

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Could you identify your client in a relationship to the property?

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Certainly.

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Thank you for your patience earlier with the technical.

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No, no, no, that's okay.

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That's okay.

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I'm sorry we didn't get back to you.

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Appreciate that.

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so uh we're uh we're representing applicant uh jaztech enterprises who is the fee owner

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of the subject property uh being 6501 lancaster avenue

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uh the applicant is sorry go right ahead our vice chair has a few questions for you okay

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good afternoon council do you agree to waive the read another refusal or stipulate to his accuracy

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uh yes with the one caveat that the refusal has an error in so far that uh it referenced code

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section table 14702-2 uh where uh it should have been uh code section table 14701-3

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okay thank you um have you emailed in all the required documents and exhibits that is needed

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to proceed with this case five days in advance it is here yes thank you council please proceed

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and share your screen thank you very much

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okay great can everyone see my screen we can we can yep okay excellent um so i'm i'm glad to

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go through each and every exhibit, although I'll forbear doing so unless requested.

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The client is looking to overall create a project that will contemplate a modular pre-construction

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one-story building that will accommodate restrooms and community meeting space, as well as landscaping

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and hardscaping in a community areas.

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The project will also include open air solar pavilion, producing clean energy and provide shade for community members and community congregation.

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The project will also include open air solar pavilion producing.

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The applicant is looking for two forms of relief from the board today. One is a use pertaining to special exception, and the other is a variance pertaining to frontage requirements.

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The subject property is located in a CMX 2.5 zoning district, which is permissive as a special exception of a community center use, which is being sought by the applicant today.

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The CMX 2.5 zoning district allows the community center to utilize the property as a community center.

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The center intends to use the area as a community catalyst for educational purposes, green infrastructure, and leveraging the entire property for indoor and outdoor amenities and community space.

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I'm going to jump down to the, oh, I should also mention that there is, we submitted under tab eight of our submittal package.

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a provisio plan form, which noted that the modular building is set back four feet closer

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to the frontage, which I'll get into just a moment with the plans, which results in

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some de minimis adjustments.

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So those are all memorialized in the plans that were submitted, as well as the plan provisio

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with addendum.

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this is a depiction of the site plan you can see Lancaster Avenue up at the top of the plan

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and then it enters in this is the frontage of the subject property which is about 66.6 feet across

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and just to kind of give your bearings this right here is the modular building I referenced earlier

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that's about 56 feet by 12 feet in dimension or 672 square feet of area.

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And then it has a large kind of frontage deck here for congregations sitting.

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There'll be chairs.

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The balance of the property is largely open community space.

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There's going to be some cafe style tables for folks to have lunch at.

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And then this square pad you can see right here will be, there's some kind of rubberized tiles, and then there's a pavilion that will have a solar structure so folks can sit out in the open, but have some type of coverage from the sun and be able to plug in their phones or computers for a little recharge with that clean infrastructure.

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And then the balance of the space is largely going to be adorned with hardscaping and landscaping planters, things of that oak, to make it a really kind of welcoming community space.

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You can also see in tab 10 that we have some elevations here. I'm glad to zoom in if that's helpful.

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um let me just kind of so this gives you a little bit better visual of the layout

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uh these are the kind of rubberized tiles i was mentioning that are the frontage of the deck

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with some chairs there this is the modular building obviously uh you have kind of outdoor

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chairs kind of congregating here you can see there's different tables uh including up near

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the front portion of the property and then this of course is the pavilion that i referenced earlier

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this gives you an elevation perspective uh this is the abutting property where there's some uh

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car parking adjacent this is an elevation of what the pavilion will look like and this is an

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elevation of the modular building which you can see has some chairs and plantings from a screening

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and you can see there's chairs and ramps pertaining to the uh excuse me uh the deck

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to get up into the modular building this gives you a perspective of what the frontage of the

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modular building will look like uh with the steps here in the front and the chairs planters abound

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there's a bike rack also contemplated planters seeds etc

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and the to to give a little bit more context as to the zoning relief being requested i think the

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community space itself uh the community use speaks for itself although we're very glad

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to answer any questions and we have a number of witnesses available as well depending on the nature

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we have a number of witnesses available as well depending on the nature of the questions that arise

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of the questions that are

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but the the the use variance is is really for for two particular items one the uh

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the the the current zoning requires for a primary frontage building requirement which would require

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that this building, in particular, the modular, be right up against the frontage of the subject

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property. If that were the case, it would really crowd the front. It would kind of create a

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monolithic block to the balance of the park that would be in the rear of it. The whole concept

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that's being contemplated here is tucking the modular building towards the back of the lot

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so the frontage opens up as kind of a welcoming invitation to the community, and they can see the

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full kind of amenities that the outdoor community area will provide. And the same also goes, of

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course, for the pavilion, which is also deemed a structure as well. Just to kind of give you a

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little bit more clarity, the modular building is going to be set back 63 feet, four inches from

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the frontage and then the uh solar structure is going to be 39 feet uh four inches from the frontage

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and council who's council who's going to run this on a day-to-day basis sure so it's uh it's going

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to be run by uh the applicant uh and i can give you a little bit more color which was actually

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touched on, I would also reference the board to look to the RCO under tablet 14 letter where we

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received unanimous support. I thought that. Yep, I have that. Excellent. Well, I thought the RCO did

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a very good job of summarizing in a concise way, so I'm going to parrot the last sentence of their

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second paragraph. The Overbook Environmental Education Center partners with 10 schools and

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serves 10,000 people. So this is a well-established community citizen. And I'm

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very glad to bring up the client who can speak in a little bit more detail if you'd like some

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further back. Unless he can adopt your testimony, right? Yes. Okay, sure. Bring him on. Okay, great.

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um jerome are you there

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if not is up mr roosevelt sanders available yes roosevelt has been allowed to okay great

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mr sanders could you please state your name and spell for the court sonographer

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roosevelt sanders r-o-o-s-e-v-e-l-t s-a-n-d-e-r-s do you swear or affirm to tell the truth the whole

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truth nothing but the truth yes i do please proceed counsel great uh mr sanders um can you confirm uh

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your title with jazz tech enterprises i'm the board president great and mr sanders did you hear

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my full testimony earlier?

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Yes, I did.

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And can you confirm that it's true, complete, and correct?

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Yes, it is.

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And would you adopt it as your own in full?

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Yes, I will.

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We're very glad to have Mr. Sanders answer any questions

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as well as myself the board may have.

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Questions from the board.

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This looks like a great project.

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i'm familiar with that group they do a wonderful work in in the neighborhood and around the city

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any other comments from the board mr chairman i'm gonna recuse myself okay all right um

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questions or comments from our attorney hillary emberson

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not at this time mr chair questions or comments from the virtual audience

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yes we have one hand gregory gregory allen and they have been allowed to speak

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mr allen could you please state your name and spell for the court stenographer

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chair and board my name is gregory allen g-r-e-g-o-r-y last name a-l-l-e-d-n

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right do you swear or affirm to tell the truth the whole truth nothing but the truth mr allen

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I do. Please proceed, sir. So you saved the best for last. Well, we did. We did on purpose.

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