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Hearing video

ZBA Hearing - December 16, 2020

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

So we're requesting this reconsideration because both the client, my client, the applicant, and LSNA, believe there was some confusion at the previous hearing that might have resulted from the extended discussion of the illumination proviso.

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Mr. Clark, you're kind of breaking up a little bit.

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Do you have another device on?

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Let me, if I can take 30 seconds, I should be able to.

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Remedy this issue.

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All right, Mr. Chair, can you hear me more clearly now?

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Much better. Thank you. Okay, you're welcome. So, yes, we believe that because of the extended

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discussion of the illumination proviso, we may have lost track of a few key issues

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track of a few key issues during the previous presentation. So the first is that

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during the previous

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the applicant is fully willing to accept the proviso that the signs not be illuminated except

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for the river-facing sign. The second major point that we think we lost sight of was that LSNA

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prefers the variances to be granted with the proviso as opposed to having the variances not

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granted at all. Further, during the discussion, there were a number of issues raised about

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complaints about the landlord, and I think that some of us in the hearing may have lost track

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that the applicant was not the landlord. It is, in fact, the grocery store tenant giant

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supermarkets and uh both lsna and of course the applicant uh desire for the supermarket to be

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successful at this location and uh the signage um even without the illumination uh except for

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the western elevation uh is a key component uh to that success uh so the parties meaning uh my

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client the applicant and lsna conferred after the meeting and we're now jointly requesting

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that the variances be granted subject to the illumination proviso and lsna's letter

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i would like to call my client uh to uh adopt my testimony uh joe can you uh raise your hand

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if you're still there

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he's been allowed to speak sir i'm here good evening please identify yourself with the record

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Yep. My name is Joe Lacanina, L-A-C-A-G-N-I-N-A. I'm the real estate manager for the giant company.

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Thank 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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Thank you. Mr. Clark?

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Thank you. Joe, have you heard my testimony? And to your knowledge,

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is it true and correct? And do you adopt it as your own?

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Yes, I've heard it true and correct. And I adopt it as my own.

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All right. Thank you very much, Joe.

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Thank you.

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Mr. Chairman, I'd like to call one other witness, who is Dennis Boylan, the president of LS&A.

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Dennis, are you there?

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Mr. Boylan, I want to speak, sir.

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Thank you.

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Dennis Boylan, B-O-Y-L-A-N, first name Dennis, D-E-N-N-I-S.

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I'm the president of the Logan Square Neighborhood Association, which was the coordinating RCO for this variance request.

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Thank you.

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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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Thank you.

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Mr. Clark?

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All right.

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Thank you.

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Dennis, could you just say in your own words whether you agree with how I have characterized our discussions and LSNA stance on the grant of the variances?

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Yes, the presentation we had back in October to our community,

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we had, I think, 116 members present,

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and the board voted with the proviso attached,

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and that was after the Giant design came back

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where they adjusted the size and the placement.

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So we want to work closely with Giant.

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We look forward to the store opening in our neighborhood

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and benefiting all of Philadelphia.

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All right. Thank you very much, Dennis. Thank you. Mr. Chair, that concludes my presentation,

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unless there are any questions. Any questions from the board for Mr. Clark? No.

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Anyone else here to testify on this case? If so, please raise your hand.

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Mr. Chair, I have a Daniel McElhutton. I will allow him to speak right now.

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Thank you. Good evening, Mr. McElhutton. Please identify yourself with the record,

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and spell your full name, and I'll swear you in. Yes, good evening, Mr. Chair. Daniel McElhatton,

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D-A-N-I-E-L. McElhatton is M, small c, capital E-L-H-A-T-T-O-N, 2000 Market Street,

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suite 1400, Philadelphia 19103. Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth? I do, sir. Please proceed. I appeared on behalf of Stephen and

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Elizabeth Rains, R-A-Y-N-E-S, at the hearing before the zoning board. And while I may disagree

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with the characterization of what happened there, I don't think it's material. I do, on behalf of

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my clients who were protestants, we do support the LSNA position tonight with the provisos as

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set forth in the October 15, 2020 letter to the board.

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And it reflects the agreement that was made by Giant and by LSNA.

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was made by Giant and by LSNA. Thank you. Okay. Is there anyone else who would like to testify?

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Thank you.

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No further hands, Mr. Chair. Thank you. Mr. Clark, could you bring up that letter a little

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bit larger with the proviso? I want to make sure I read it correctly into the record.

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uh yes uh let me choose a letter from the rco yes one moment

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and while mr clark is doing that again there are any questions from the board

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no no okay thank you

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that that's good thank you you're up planning commission

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this is uh ron bednar city planning

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property is indicated for residential mixed use in the uh comprehensive plan and it's currently

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zoned for that use. Keep you with the letter submitted by the coordinating RCO. The planning

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commission has no objection to the granting of the grant. Thank you. MI 2020-003772. 60 North

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23rd Street. My vote is yes with the following proviso. I'm actually going to read it off the

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letter. Non-opposition with the proviso that revised signage package presented at the October

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13th 2020 meeting showing revised size and placement be not illuminated on the northern

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southern and eastern sides of the building does that cover it all mr clark it does thank you thank

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you wait before we do this can we confirm that mr clark has submitted a revised plans form and

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we need to know how many pages we're approving and whether all pages are necessary to comply with this

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So, yes, Ms. Saleta, I have previously sent the revised plans along with the proviso plans form. I have it teed up. I can re-forward it to you momentarily so that you have it immediately available.

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So the number of pages, the original submission included the sign detail pages. So when we reduced the area of most of the signs, the sign detail pages also changed. So if we're including all of those pages, it's 11.

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Mr. Clark, are 11 pages actually necessary?

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so the site plan and the elevations uh alone uh which i believe are the actual necessary ones are

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five pages so uh we can we can do that okay okay thank you thank you sharon okay so my vote is as

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i said i read into the record the proviso in addition revised plan five pages approved today

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all right thank you mr chair members of the board

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yes with proviso yes with proviso okay thank you mr clark all right thank you

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thank you uh frankfurt avenue next uh sharing

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31 14 are we ready to go with that one

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we lost sharing

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were you asking about frankfort avenue yes we ready we can call it um no okay i did not hear

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back from the rco that i needed to in order to run the revised language by them so it's a

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continuance yes please well no actually it doesn't have to be there we will just reschedule it for

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a correction. So I don't have to read anything into the record? Nope, nothing at all. Thank you.

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Okay, thank you. I believe that completes our list.

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Yes, it does. Do you hear the smile in my voice?

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Okay, any unfinished business? Not for me. Okay, thank you. Again, every time, every Wednesday,

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I say the same thing, but a little bit more emphasis. Thank you all for the hard work.

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