civus
Hearing video

ZBA Hearing - December 16, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 16, 20204h 39m

reached out to him okay please proceed thank you um so i am the owner of 4534 van kirk street um

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i'm owner occupied of this property um i purchased it um the way it is as a existing duplex um

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And there was a tenant at the time.

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Can you share some more exhibits, please?

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Sure, I'm sorry.

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Thank you.

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Okay, can you see my screen here?

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If you would make that a little bit larger, that would be helpful.

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Okay, here you go.

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So here's my refusal letter when submitting my application at the LNI office.

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So the application is for legalization of a two-dwelling unit in an existing structure.

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Here is my tax compliant of the property.

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Here is my deed.

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And my tax certification of the property.

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this is the project information form these are two pages um can you see this okay

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larger that larger that would help okay all right that's just the print is kind of

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okay yeah if i could just interject the board disregards this form it's not for the board

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okay hold on

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here is a picture of the property as you can see this is there there's two doors in here

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here is a again the two doors the signage of this meeting today here is a picture from the property

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from the back now um in the next pictures i'm showing you the um first floor apartment that

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um with the tenant that used to live there even with the previous owners who had this property

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she has still been here since then this is um as you walk in a hallway um one of the bedroom

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it is a two-bedroom apartment down there um this is this is the same bedroom

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This is the same bedroom, the second bedroom, same bedroom, outside, I mean, not outside, I'm sorry, the dining area, kitchen, bathroom, downstairs in the basement, gas meters.

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This is now the second apartment upstairs as you walk in, living space, one-bedroom, kitchen, and bathroom.

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Here is the certified mailing list that was sent out to all 81 residents from this property.

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here's the letter that was sent out to all the um to everyone um explaining of the public meeting

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and then of the zoning board meeting um and here is the with the knowing civic association um letter

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okay thank you i think we got the picture okay any questions from the board no no no

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Now, anyone else like to testify in this case?

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If so, please raise your hand.

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No other hands at this time, Mr. Chair.

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Thank you.

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Planning Commission.

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I'm Ben, our city planning property is indicated for residential use on the city plan.

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Given the site's standing use history, we have no objection to granting evidence.

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Thank you.

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MI 2020-001388, 4534 Van Kirk Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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MI 2020-001821, 5224 Rising Sun Avenue.

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Mr. Justin Dove has his hand raised.

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I will promote him immediately Mr. Beauvais case

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it's actually my case and and Dustin is my colleague oh there you go lucky Justin you're

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on time he went got you got through that snowstorm pretty good today oh yes thank you Mr. Chairman

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Thank you. Please identify yourself for the record. Yes. Darwin, Beauvais, B-E-A-U-V-A-I-S at 1500 Market Street. Also, if we could, their hands should be raised. We should have my clients.

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Let me swear you in first and then we'll get to them. 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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And confessor?

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Do you agree to waive the reading of its refusal and stipulate to attack your issue?

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Yes, I do.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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Yes.

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Also, have you met with the RCR and have a letter?

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Yes.

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Thank you.

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And we did modify our exhibit package to include the letter, and if we can share my screen, I can go over with it with the board.

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But also, while we're doing that, if we can also get my client, Ann Kim and Marion Brown, their hand should be raised, if they could be unmuted as well.

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Okay, could you make the exhibit larger?

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There you go. That's better. Thank you.

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So, Mr. Bouvet, are they under Dustin's name as well?

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I have two for Dustin.

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Probably. I'm going to let both of them speak.

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Great. If they could just identify themselves for the record.

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Ann? Hello. Hi, this is Ann K.

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ma'am would you please uh spell your last name k-i-m and you swear affirm to tell the truth the

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whole truth nothing but the truth okay i will say yes correct all right thank you

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and then i believe we have marion brown

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And then I believe we have Marion Brown.

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yes

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Yes, I'm here.

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Can you hear me?

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Yes, Ms. Brown, please identify yourself with the record.

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Marion Brown, M-A-R-I-O-N, Brown, B-R-O-W-N.

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

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Yes, I do.

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Your affiliation with this application?

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i'm a consultant with uh phmc that's done a lot of uh support work for rising sun children's center

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so thank you miss brown um so mr chairman members of the board our exhibit package which

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was submitted five days in advance includes the loving exhibits uh our our tax clearance our deed

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and as well as our appeal with the refusal.

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If you can see here, the deed is there.

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Our tax clearance is here.

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Our refusal is in two parts.

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The property is listed as a RS3 slot

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and we received a refusal for use

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as well as for having multiple principal buildings, and so another use variant.

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So all in all, the essence of our application is to expand the Rising Sun Children's Center.

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It's been a long-standing daycare center that's been around since the late 80s.

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Our application specifically calls for the erection of a one-story structure on the same block with two existing structures.

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Like I mentioned before, we have Ann Kim, she's the executive director, and Marion, who is also a consultant to Rising Sun.

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Now, by way of background, the daycare center is a state-licensed, non-profit, non-sectarian, privately owned and operated facility that has been providing daycare services to children from the ages of one to five years old.

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They offer preschool programs for each age group, and they are one of the few daycares in the city that participates in the Keystone Stars program.

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And not only do they participate in the Keystone Stars program, but they're one of the few facilities in the city that has actually attained a level four out of five stars.

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So that is something that is very significant for this daycare and something very significant for the community that it serves.

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Now, if I could, I would like to turn to Ms. Kim to get her to talk about the number of children that are there, as well as the number of employees and logistics in terms of like the kitchen staff and the programs.

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Ms. Kim?

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Sure.

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Yeah, Ms. Kim, if you could, if you can be concise and summarize, that would be helpful.

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Sure.

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Summarize something quickly.

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So we have a license of 71 students.

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Right now we are full, but because of the COVID, we had to create an additional online class.

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So because of that, we have quite an over enormous right now, about 93 total because of the online class.

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And also that means we have a waiting list and also we have a 17 active working steps at this moment.

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And also we have a one main kitchen cooking step, but we have five total food prep license staff.

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Anything else? No, no. So just in terms of their their use or the significance that they have with the community.

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um they they they did receive a letter of support which is part of exhibit 10 um what's on your

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screen right now is is is our site plan which where my cursor is hovering this is where the

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structure will go um what is also interesting if you look at exhibit nine um that the it it is just

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a copy of what's on the website but uh i wanted to hurry up and show the board that two years ago

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this board approved an additional structure that will be on top of the garage um that is here

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that's what we initially thought about for our expansion but because of construction costs

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we abandoned this application and we're just going to build this one story structure here

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So our expansion has been contemplated for since since 2017 and given the fact that the.

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Since 2017, and given the fact that the community is in desperate need of having good quality daycare, we believe that this does not create a negative impact whatsoever because of two reasons.

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One, this lot, this structure has been in use since 1988 in this form. It's always had more than one principal structure, given where my cursor is. This garage was converted into additional classroom.

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and and now that we're looking to add a more classroom space we believe we're not creating

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any negative impact by virtue of the fact that one the community has supported us and the community

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is benefiting from us we are providing a service in and around that area um i i know the board

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wants me to summarize uh so i i will say in general that we we don't exceed or maximize

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any utilities we don't affect any light and air we don't affect any any any issues when it comes

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to congestion with with the streets um now in fairness we did meet with the community and with

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the council person's office and and if you look on the other side of our of our site plan

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and if there's a way we are creating additional play space and that area will require us to remove

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two trees uh they're not heritage trees but because we're removing those trees we have agreed

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to add trees to the property. And I think, if I can give you photos, here's the structure as it

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stands. Here is one of the trees that we're going to remove in order to make this area a play area.

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um and i believe that's that's where we stand um are are are there any questions from the board

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uh i'm going to ask that question now any questions from the board no

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no no anyone else like to testify in this case if so please raise your hand

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mr chair i have a miss hillary emerson whose hand is raised i won't allow her to speak right now

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good evening miss emerson please identify yourself for the record and i'll swear you in

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uh good evening mr chair members of the board hillary emerson on behalf of councilwoman

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sherelle parker emerson is e-m-e-r-s-o-n you swear or affirm to tell the truth the whole truth

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nothing but the truth? I do. Thank you. Please proceed. The councilwoman is not opposed to

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increasing the number of children at this facility. It is a four-star child care center,

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which is excellent in our district. As Mr. Bouvet noted, there were a couple of concerns that we

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had that they are addressing one being the removal of some large trees from the property,

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both for tree canopy cover reasons and aesthetic reasons. We asked that they replant some trees

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in other spots on the property so that we maintain the aesthetic and the cooling

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that those trees provide um and and they agreed to that um the other the other thing um was the

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exterior of the modular unit that is going and we asked that it be i'm in character with the

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neighborhood and mr bouvet did let me know today they were going to be doing um a brick a brick

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exterior um they would provide us with additional information i'm sorry um upon uh uh once they had

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additional information from the manufacturer so we we appreciate um those steps that they've taken

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um i was present at the rco meeting there were no near neighbors um the rco did note um that the

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property is well kept and there were not any um traffic issues associated um with the facility

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um so as i said the councilman is is not opposed to this application thank you thank you i hear

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to the board that was me whining

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that's a future student I hear in the background all right any question any other anyone else

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that's a future student

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I hear in the background

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alright any questions

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wish to testify in this case all right planning commission

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Ron Bednar city planning this property is indicated for residential use under city plan

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given the long saving use history we support the granting of the variance thank you Ron

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And MI 2020-001821, 5224 Rising Sun Avenue.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you, Mr. Chairman.

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Good night.

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Thank you.

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Thank you, and happy holidays.

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Thank you to everyone.

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Same to you.

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Be safe.

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MI 2020-003772, 60 North 23rd Street.

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This is a rehearing.

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Mr. Chair, I have a Gary Clark. I will promote him to panelists right now.

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Mr. Clark, you have been promoted to panelists. Please wait to be sworn in, sir.

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Good evening, sir. Please identify yourself with the record. Spell your full name.

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hello mr chair can you hear me yes mr clark yes

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please identify yourself uh pardon me one second i'm having an audio issue

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hello can you hear me yes okay um yes good evening mr chair members of the board i'm

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gary clark it's g-a-r-y-c-l-a-r-k-e uh it's all ewing uh 1500 market street

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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 do we have to go through the same um request tanya because this is a hearing no right

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No, the reconsideration here.

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Yeah, okay.

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I wanted to make sure.

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Thank you.

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Mr. Clark, please proceed.

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All right.

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Thank you, Mr. Chair.

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So I'm the attorney for the applicant, which is a giant supermarkets for an application

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to erect eight accessory signs at the new giant supermarket that will go in at the new

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Riverwalk development along 23rd Street between Arch and Cherry and bordered by the river

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to the west, and I will share my screen. Okay. So our original hearing was on October 21st,

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and I request that our previous testimony be incorporated by reference. I call the board's

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attention to our letter of non-opposition from LSNA. I note that LSNA requested a proviso in the

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letter of non-opposition. The proviso was that the signs not be illuminated except for the one sign

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on the west elevation facing the river. And to be clear, that would mean that the accessories,

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the proposed signs facing Arch Street, 23rd Street, and Cherry Street would not be illuminated.

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