civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

OK.

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While he's trying to get that on, could you get her to state her name and spell for you?

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My name is Chao Ming-Chun.

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My first name is C-H-I-A-O-M-I-N-G, last name C-H-E-N-G.

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Okay, and could you tell her this?

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

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Could she start sharing her screen?

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And excuse me, Chair, can we read the refusal into the record?

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Sure, I will, yes.

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This application is for the addition of a third floor with roof deck and roof deck access structure to an existing attack structure for use as a vacant commercial space on the first floor and two-family living above.

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The proposed use two-family living is prohibited in the CMX 1 district when adjacent to the RSA 5 zoning district.

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Chair, excuse me, this is the reporter.

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I had a request to unmute.

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Say that again, John.

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I got a notification on my screen to unmute.

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Did someone have a question for me?

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No, not that I know of.

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No.

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Thank you.

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Excuse the interruption.

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Sure, sure.

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Mr. Wang, could you tell her to share her screen and show us her documents?

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请您分享您的屏幕,把您要展示的资料展示出来。

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你们可以看见我的屏幕吗现在?

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Can you see my screen now?

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No, we only see her face. We want to see her documents.

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The documents that she's got to present to us.

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我们现在只看到你们两个人的脸

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我们需要看您今天要呈现的文件

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什么文件你没有跟我讲

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你要我给他什么

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在我的email里面吗

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What kind of document?

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No one told us that we need to prepare any document

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Is that in my email?

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So let's listen

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Here's where we are with this

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She has to be in a position

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to present all the documents that we need for the case.

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Pictures, drawings, etc.

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And that should be in her computer to present for us.

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If she doesn't have it, we're going to have to continue the case.

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Do you need to show all the information you want to show the information you want to show the information you want to show the information you want to show on the screen?

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如果您没有这些文件的话,我们今天这个案件就没有办法进行,必须延期。

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But no one has told us we need to prepare any document. Do you have the documents?

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so here here's what we're going to do um all the documents she's going to have to find a way to get

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in touch with our office call the office and they will explain if she has to have an interpreter

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or she has a family member she doesn't have that we don't have to swear anybody in calling the

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office and the office will tell her everything she needs to be able to present to us all the uh

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I would also suggest that the gentleman that you had to assist you, we're familiar with him.

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If you want him to help you with the process of getting scheduled to be heard, that's fine.

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But he can't represent you at the hearing.

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That's right.

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Yep.

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首先您需要跟我们的办公室联络

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如果您需要带上翻译也可以

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基本上就是您要跟我们办公室联络

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他们会跟你说明您需要准备什么样的文件

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在这个听证会里面把这些文件来展示给我们看

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这个是第一件事情

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第二件事情您旁边那位先生他帮您安排了这个听证

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可是他没有办法在听证会当中来代表您

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Thank you. Interpreter, thank you very much. The case will be continued. She needs to have someone help her get in touch with our office, okay? Thank you very much.

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get in touch with our office, okay?

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Thank you very much.

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Thank you so much.

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Thank you.

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You need to contact us with the office

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to understand how to deal with this.

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This is the interpreter.

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If there's nothing further,

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interpreter will disconnect now.

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Thank you so much, interpreter.

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We appreciate your help.

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Thank you so much.

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Okay, thank you.

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So number 15, MI 2024-00312-931 North Broad Street.

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Catherine Missimer is the attorney.

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Um, there's a letter of support from 14th community RCO with one proviso.

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They're coming back in as a panelist, Mr. Chair.

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Okay.

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I cancel.

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

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You're muted.

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You're muted.

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You're muted.

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Okay, there you go.

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Catherine Missimer.

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It's M-I-S-S-I-M-E-R.

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Right.

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At Claire Harrison, 1835 Market Street, Suite 1400, 19103.

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Okay.

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

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I do.

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Could you identify your client in relationship to the property?

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931 Broad LLC, equitable owner of the property.

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Okay.

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and our vice chair has a few questions sure good afternoon council do you agree to wait

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to read another refusal or stipulate to a black person i do have you emailed in all the required

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documents and exhibits that's needed to proceed with this case five days in advance of this hearing

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i have thank you please are you seeing our exhibit package it should be a letter from

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the 14th community organization yes great thank you we're here today with an application for the

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relocation of lot lines to create one lot from two existing narrow parcels and the new construction of a building for use as 40 dwelling units.

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I have with me today equitable owner rep Harrison Feinberg and our project architect.

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We've met with the coordinating RCO for this matter, the 14th community organization RCO, and you have their letter of support on the screen in front of you.

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We do agree to waive the reading of the refusal, but I will note we do have revised plans to be stamped today should the board be so inclined.

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They are the plans that were presented to the RCO, and they do reflect the requested two-foot setback at the request of SEPTA.

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Property is located on Broad Street.

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It's this narrow oval that I'm showing here with my cursor between Girard and Poplar Streets.

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It runs all the way through to Watt Street in the rear.

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it consists of two deeded parcels the main parcel being 931 broad and a smaller rear parcel

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which is known as 933 b to the rear and you can see that here behind the black fence

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the stairs to the broad street line are directly adjacent or at the front door of this property

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circling them here for your reference and this property is located about a half a block from

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nearest trolley station as well the site is on cmx4 there's no real existing structure here

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as you can see from the site photos on your screen there's a wall to the front and a fence

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to the rear but no structure in the middle there are several vacant and dilapidated lots on this

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on this block i'm just showing you a few photos for context while there is some development

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happening. And this lot is ripe for similar development. What you see now on your screen

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is the lot line relocation plan. Again, it's this small portion to the rear is currently known as

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933B. It's not separately assessed. And this is the larger parcel at 931 broad. So the proposal is

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to create one single lot straight through. And now you're seeing the zoning site plan for the

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proposed construction of 40 multifamily dwelling units with designated interior bicycle and trash

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storage. In connection with this project, we met with the coordinating RCO, 14th Community RCO.

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The neighborhood stressed that they were looking for a responsible neighbor to take over this site

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and concerns about illegal dumping and security issues. We were able to incorporate the neighborhood's

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context into our design by, among other things, maintaining that internal trash room and hiring

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a private trash removal service, installing security cameras and lighting, and providing

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tenant incentive. The result is a cohesive project that we feel really responds to the

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community's needs at this location. Proposal does generate two use, two refusals, and while

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we're getting to the refusal, I just want to scan through the layouts. We can go back to them to

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extent you have questions these are a few photos the building in question is this brown brick

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These are a few photos. The building in question is this brown brick building. It's really infill development. Again, there's a wall on the site today, but nothing behind it. And these are the existing buildings on either side. This is Girard to orient you, and this is North Broad.

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building it's really

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Again, this looks like from the front, and this is the refusal. Because this property is zoned CMX4, there is a parking requirement here.

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It's a 3 to 10 ratio, which would require 12 spaces. As you could see from the site layout, it's an extremely narrow lot, as well as being in the CMX4 designation, which does not permit surface parking.

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It would likely have to be below grade. And again, here we would run into the subway directly at the front of this property.

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The 26-foot width of the property itself also does not really provide sufficient room to provide spaces as well as a drive aisle to access them.

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Location is entirely transit-oriented, again, with the broad street line specifically steps away from the front of the building and the trolley located at the next corner.

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We also do create a refusal here for FAR. Again, this is really due to the unique nature and context of this lot in particular. Given its narrow nature, it's difficult to construct a building that would meet the requirements here.

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The proposed building is consistent with neighborhood context, as you can see from the surrounding area photos with the building directly next door and the large billboard above the neighboring building, as well as the proposed density is appropriate, we feel, for a building that's fronting on Broad Street, again, with the septal location directly at the front door.

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We've met with the coordinating RCO for this matter.

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You do have their letter of support in your packets.

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The granting of requested variances as evidenced by that letter of support as well as the neighboring context will not alter the essential character of the neighborhood.

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In fact, neighborhood supports projects like this because it's bringing new development and housing stock to the area.

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It will not impair the appropriate use or development of adjacent property, and it's consistent with the multifamily character of this neighborhood.

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Finally, requested variance is the minimum needed to afford relief and is in harmony with the purpose and spirit of this code.

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With that, I'll just ask that my client, Harrison Feinberg, be allowed to speak.

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They've been about to speak.

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

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i am harrison finberg um h-a-r-r-i-s-o-n f-i-n-b-e-r-g you swear or affirm to tell the truth

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the whole truth is nothing but the truth i do please proceed counsel thank you harrison have

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you heard my testimony today yes would you agree that it's true and correct yes and would you

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adopt it as your own yes thank you we have questions further questions from the board

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no chair no mr chairman

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questions or comments from our attorney ryan mccurry no mr chair

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questions or comments from the virtual audience

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i do not see any further hands mr chair

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Planning Commission.

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This is Ron Bednar, City Planning.

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First name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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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, Ron.

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The comprehensive plan recommends no change to the existing CMX4 commercial mixed use at this location.

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We feel the proposed density represents an overuse of the property,

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but the proximity to high-frequency public transportation lines justifies the variance

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for parking. Accordingly, the Planning Commission recommends that the Board deny

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the variance for the additional FAR, but grant the variance for the parking.

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With respect to the Planning Commission, we would just note the neighborhood supported the density

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because, again, it allows us to offer units of this size which are in short supply in the neighborhood.

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So, MI 2024-00312-931 North Broad Street, I vote yes. Proviso. Revised plan, one page, stamp by ZBA on March 27, 2024.

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Thomas Holloman, my vote is yes with Proviso.

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James Snell, my vote is yes with Proviso.

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Ishmael Shaheen, my vote is yes with Proviso.

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Thank you, counsel.

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Great, thank you.

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All right. Number 16, MI2023-00596.

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All right, number 16, MI-2023-005-964-5101, Germantown Avenue.

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Vern Anastasio.

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So there's a letter of opposition from the Wakefield 49ers community,

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letter of opposition from Solo Germantown.

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Applicant as a petition signed by 37 people.

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Coming back in as a panelist, sir.

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Mr. Anastasio, you've been sworn in several times a day, I believe. Could you just state your name for the record?

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Yes, sir. Vern Anastasio on behalf of Helene Santiago and HS Creative Studios.

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Our vice chair has just a few questions.

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Thank you.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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yes sir have you emailed in all the required documents and exhibits that is needed to proceed

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with this case five days in advance of this hearing yes i have thank you counselor please

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proceed and show the screen thank you okay bear with me for one second mr chair

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there it goes okay 5101 germantown avenue this isn't a variance we're not seeking a variance

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we don't have to show hardship this is just a special exception that's all this is which as

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you the board knows means that what we are proposing which is event space uh is consistent

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with the code. And we just have to demonstrate in good faith that my client, HS Creative Studios,

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has the reputation and the ability to provide a commercial space that will not impact the

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neighboring community any more than a typical space of this kind would. And we can do that.

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We have evidence of that. And I've even under separate covers submitted 36 separate Google reviews over the last five years.

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My client has been an event planner and a special events planner in other sites.

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