civus
Hearing video

ZBA Hearing - February 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 17, 20215h 2m

No, there's not.

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it's a simple um it's a simple uh recapping of the fact that there were nine in opposition or

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nine in favor six in opposition and i think i have that right here i could pull that up

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okay i just want to know if there was anything extra no okay okay all right is your client

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available uh mr valenski i believe is available get him on we'll uh we'll swear him in and he

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and adopt your testimony yes mr valenski you've been unmuted please wait for the chair

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good morning all good morning sir please identify yourself for the record and spell your last name

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Jeffrey Walensky, V as in Victor, A-L-I-N-S-K-Y.

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Thank you.

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Swear and affirm to tell the truth, the whole truth, nothing but the truth.

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Yes.

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Please proceed, Mr. Kerrigan.

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Mr. Walensky, you were present during the previous presentation, correct?

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My presentation to the board?

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Yes, sir.

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Do you adopt what was put forth before the board as your testimony as well?

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yes sir okay thank you any any questions from the board no no anyone else would like to testify in

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Yes, sir.

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Okay.

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Thank you.

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Any questions from the board?

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this case if so please raise your hand i have dan who's been unmuted sir you can unmute yourself

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and wait for the chair good morning please identify yourself with the record spell your

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last name and provide us with your address good morning uh mr chairman and members of the board

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my name is daniel skolnick uh last name is s-c-h-o-l-n-i-c-k uh at 2550 collins street

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very firm to tell the truth the whole truth nothing but the truth yes thank you sir please

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proceed uh i want to register my objection uh to this uh application um parking is really tight

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on the block already. It wasn't explained that there's only one side of parking on this street.

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There's residential townhouses on both sides, lots and lots of cars. It can be hard to find parking

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close by. The opposite side of the street does not have parking and this will permanently

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privatized one space it'll remove one space for everybody whether the applicant is using it for

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their cars or not and you know we need more neighbors it's resident it's I want to support

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the the current mapping and the zoning which is as a you know as a as a townhouse if you will

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for residential. It's a little bit small, but it's not a hardship because many of us

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live in smaller lots on the block. There was recently approved a curb cut across the street

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on the non-parking side because that would add parking, and this is going to take away

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parking from everyone and it's uh yeah it's it's upsetting to me so uh that's that's all i have

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thank you thank you thank you for your testimony anyone else would like to testify please raise your

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hand i see no more hands chair thank you planning commission

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Brian Lundrick City Planning Commission this property is indicated for single-family

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residential use on the comprehensive plan the proposed use is not compatible with the

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surrounding properties will pose negative impacts to the block including the removal

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of an on-street parking space accordingly we object to the granting of the variance

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thank you uh my question to Mr. Currigan that lot you said is 11 foot wide it's an 11 foot

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wide lot yes all right okay thank you so we're dealing with a very narrow lot and it would be

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for two parking spots so you know we're going to be one on street but you're actually providing

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absolutely so it's a right yes all right thank you okay mi 2020 does zero zero two six two one

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two five five eight collins street my vote is yes my vote is yes my vote is yes my vote is yes

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Calendar number 2482-3948-50, West Gerard Avenue.

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The attorney is Adam Laver.

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Mr. Laver, you've been promoted to panelist.

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Mr. Laver, you're still under oath from earlier today?

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Yes, I am, Mr. Chairman.

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Can you put your name and address on the record, please?

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Adam Laver, Blank Rome, LLP, 1 Logan Square, Philadelphia PA 19103, Mrs. Tenere.

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Do you agree to waive and stip?

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I agree to waive and stip through the referral, yes.

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And have you emailed the exhibit packet with proof of ownership tax compliance,

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refusal referral photos and plans five days in advance of this hearing and have you met with

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the rco and do you have a letter yes mrs canary that's correct thank you you may proceed thank

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you uh i trust that up on the screen you're able to see the referral uh which i've highlighted

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thank you yes adam laver of blank rome on behalf of david goldstein owner of 39 48 through 50 west

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Gerrard Avenue and 3962 West Gerrard Avenue. David purchased this property

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prior to the pandemic. It is located at the northwest corner of 40th and Gerrard

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It is located at the northwest corner of 40th and Gerrard Avenue, across the street from the School of the Future, close to the Philadelphia Zoo, and situated along the Gerrard Avenue Commercial Corridor.

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Avenue across

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Since his purchase, he has been devoted to the restoration of the property.

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You'll shortly see the work that he has done in repairs and recording to the facades.

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In addition to David, who's with us today, Rustin Ohler of Harman Deutsch Ohler Architects

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is with us virtually, and I have submitted an exhibit package with revised proviso plans.

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This is a very limited issue before the board. This is a referral. It's a request for special

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exception relief. There's only one referral which you see highlighted and that is that we are

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requesting permission for a portion of the property at the first floor level to be used for takeout

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for a takeout restaurant. I'd like to take a moment to orient the board and place the property

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in context through a few photographs.

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Here you see in the photograph on the screen the School of the Future, which I mentioned

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up at the top, Girard Avenue is the wide street frontage where the hand icon is showing,

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and 40th Street is to the left.

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The subject property is at the corner. I'm using the cursor to show you the location of the property. I'll run through a few more photographs.

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Once again, School of the Future across the street, you see the subject property here in the middle of the photograph along Girard Avenue.

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As you move down, you will see several other Chinese food restaurants, for example, a gasoline

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station and then the zoo.

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Here we are looking from another direction, we're across Girard Avenue on the grounds

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of the school, and you're seeing the frontage of the property along Girard.

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Here to the right, you see some retail, commercial, actually a Chinese food restaurant that have seen better days, unfortunately.

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And this is just some more context.

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David seeks special exception for the takeout restaurant along the Girard Avenue frontage of the property.

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just 1226 square feet of commercial space. And I'd like to pinpoint that for you in a moment,

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but before I do so you'll see in some of these photographs the efforts that he's made to repoint

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and really bring this nice property up to the standards where it should be.

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here is a rendering of the property when complete and to the left is the proposed location for the

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takeout restaurant to the right would be retail commercial as permitted within cmx2

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at the corner a much larger space

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here you see 40th street and you see gerard avenue

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Here is an aerial view, and you can see in the darker blue the proposed area of the takeout restaurant.

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The lighter blue is the commercial space.

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And above that, the existing rehab property is approved for nine apartments with these two ground floor retail commercial spaces.

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to reiterate the commercial space before the board the proposed takeout restaurant is the

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smaller of the two spaces 1226 square feet the larger space is uh about 2700 square feet

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for the last uh approximately three years david has worked with various brokers to try to

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market the space actively, and he's had extreme difficulty. Veronica Blum was with us for the

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last hour and a half. I'm not sure if she's still with us and prepared to testify regarding her

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attempts to market the property. By way of background, I should note that this space

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more than three years ago was actually a diner, so a similar type of use.

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In the midst of the present pandemic, which continues to wreak havoc on so many sectors of our economy and at a time when job stability remains a challenge,

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in the midst of the present pandemic which continues to wreak havoc on some

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the proposal for this special exception relief incorporates the existing approved curb cut on Girard Avenue, which is there at the site and has been used in the past.

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You may have read reports about the increased interest and desire for takeout restaurants

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that have a drive-through component for socially distanced opportunities.

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And we all hope and pray, of course, that the situation changes, but the ramifications

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of the changes to culture remain to be seen.

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And this proposal would allow for takeout, walking in and out off of the sidewalk, members of the community, members of the school, visitors to the zoo, et cetera, but also the drive-through component through the site, which is legal and pre-existing.

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now i would like to note that in discussions with the community the plans have been amended

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to preserve the existing smaller curb cut along gerard avenue rather than to widen it or to expand

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it in any way and uh you will see and i'll try to zoom in on it a little bit that um that curb cut

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that exists is 14 feet furthermore moving to the next page you'll see that efforts have been made

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by the design team to have a change in materials along a restored sidewalk concrete pavers along

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with the landscaping to uh to have a difference in feel a difference in feel this is uh very

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different for example than the gas station closer to the zoo that some of you may be

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familiar with that has wide curb cuts along each frontage the requested special exception relief

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for the takeout restaurant that is the special exception is appropriate for the gerard avenue

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commercial corridor the photographs that i shared depict other takeout uses within the vicinity of

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the property along with the mix of institutional recreational and residential in fact in the cmx2

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district these types of commercial uses are encouraged and the reason for having the special

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exception is for appropriate review by the board now whether it is a hip city veg or a chipotle

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the investment in this neighborhood is in line with both the city plan for gerrard avenue

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and needs that have been realized during the pandemic.

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We do not have a proposed tenant to bring to the attention of the board today,

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and that is due to the difficulty of all proposed tenants who have come

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and met with the brokers and met with David have been concerned regarding this zoning issue.

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Which comes first, the chicken or the egg?

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particularly in this time that we're in, this type of approval is really needed before this

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corner property can be brought back to life. David's done a terrific job, as you saw with

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the exterior. He has the residential apartments on the upper floors. He hopes to find a tenant

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for the corner space, the larger space that fits in nicely with the community. We've been

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disappointed, however, Mr. Chairman and members of the board, I must say, regarding discussions

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with Centennial Parkside CDC. We reached out at an early stage. We did have one community

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meeting, and despite our attempts for further discussion, the RCO did not wish to engage

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in ongoing discussions we didn't get a list of feedback or ways to work

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together which is usually as the board knows my style and the style that David

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wanted to have with this community so despite those efforts we remain

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interested in ongoing discussion it did become quite clear during our community

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meeting that as a matter of principle the RCO was opposed to this request even

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with other uses similar, very close by, as you saw.

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David, who is a local resident,

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remains open and interested in working with the community.

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He has made the sweat equity investments.

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There may be options if we work together,

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for example, for a local entrepreneur

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to realize a dream in this space

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and with this hopeful approval.

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hopeful approval and that would be our desire there are local food service options at the site

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And that would be our desire.

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There are local

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and in the area the zoning map shows a variety of uses on the city plan that would support this type

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of a use and this would provide an essential service to the surrounding area to serve the

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people working living and visiting the authorization of special exception relief not variance but

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special exception will not alter the character of the district or be detrimental to the public

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welfare we believe that we have shown positives that would come from this small component of the

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site and i should note with david having residential living on this site there is a

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synergy of interests in wanting to see a positive clean professional operation to a proposed takeout

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restaurant at the site otherwise it doesn't make good financial sense he won't be able to have his

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apartments kept rented the proposal fits into the surrounding area would support existing and future

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on-site and nearby mixed uses and support efforts to bring back the strong commercial

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corridor along gerard avenue the proposed grant of special exception relief would represent the

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least modification possible of the regulation at issue this is a very small component of square

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footage in the overall site the grant of relief will not substantially increase congestion in the

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public streets increase the danger of fire or otherwise endanger the public health safety or

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general welfare based on the condition of the buildings going in this will be a a marked

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improvement one that all can be proud of and um i should note that uh again uh we we uh regret

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that there is an official position of opposition to the special exception relief but uh there

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there are neighbors in the community who have supported this. In a close vicinity,

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you'll see on your screen a neighbor, Evan Litvin, who writes this will fill community needs,

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create new jobs, add vibrancy, and lead to additional uses on the corridor. That's just

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one example um in uh in some we really wish that there was continued dialogue with the community

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we're committed to that and we hope that there's the opportunity uh in this matter

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thank you uh do you want to ask your client uh to adopt your testimony yes mr uh goldstein would

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you please raise your virtual hands for that chairman that you can swear you in.

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Mr. Goldstein, you've been unmuted. Please wait for the chair.

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Morning, Mr. Goldstein. Please identify yourself with a record. Spell your last name and I'll

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swear you in. David Goldstein. G-O-L-D-S-T-E-I-N.

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Swear and affirm to tell the truth, the whole truth, nothing but the truth.

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I swear. Thank you, Mr. Laver.

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Thank you.

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Mr. Goldstein, I expect that you've been present for the entirety of this presentation to the zoning board.

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Is that correct?

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That is correct.

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And would you adopt and affirm the testimony that I've offered as your own?

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I do.

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Mr. Goldstein, I understand that Ms. Blum may no longer be with us, the broker who tried to market this property over the course of most of the time that you've owned it.

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Can you just confirm the difficulty that you have had in trying to lease this space for equality use prior to having the zoning approval in place?

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I can confirm this. We've been marketing the property for a bit over three years with two different brokerage firms.

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And the pushback has always been that we do not have any drive-through capacity, and that has only increased during the past year, during the pandemic, which has only given us a greater sense of urgency to seek what we're doing today and what we have done.

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for the last you know six months. Thank you. Thank you. Thank you. Questions from the board? No.

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What else would like to testify in this case please raise your hand.

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If anyone else would like to testify in this case, please raise your hand.

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Here we have Chris Sparr, Mr. Sparr you've been unmuted, please wait for the chair.

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Morning Mr. Sparr, please identify yourself for the record, spell your first and last

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name and provide us with your address.

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Yes, hello, my name is Chris Sparr, I am the Executive Director of the Centennial Parkside

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