civus
Hearing video

ZBA Hearing - August 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 14, 20242h 43m

so the tires

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well you know what uh i i would have mr tenner why why don't you answer that question i think

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you're better suited to answer that question than not yes we use that box truck that you

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Yes, we use that box truck that you see there to haul the tires from our location to a recycling facility in Conchahawken.

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Okay. All right. Thank you. Questions from the board.

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Yeah, I have a question. This is going to be a tire repair as part of the request, correct?

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it would be sales and it does have tire repair in here in the application so so if you're selling

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tires and you're repairing tires where are you going to store these tires so they would be stored

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in this truck and they would also be stored in the rear let's get the picture excuse me

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also in the building as well but there's a there's also in the rear there's a fenced off section

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of that this is part of it right here that wood fence area is that where you land in the store

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yes but let me give you there's a fuller picture that i have here

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just bear with me okay yeah it would right this is a full

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and this is the full length of the property this where it would be stored in addition to

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inside the property okay mr tenant do you have anything else to add

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yeah um not at this time okay all right i have a question uh the

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petition

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that was signed

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does the

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applicant know if those were

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some of the same folks that attended the RCO

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meeting or were these

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outside of the RCO meeting

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so I don't

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know exactly the names of the people who were

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at the RCO meeting

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there was only like seven people who

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attended the meeting however

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out of the 99 letters that I sent out?

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That's a good question.

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I did run into some of the,

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I know one of the neighbors who,

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which is our closest neighbor.

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I don't know if you can see from this picture here.

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She's the closest one to our establishment.

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So once the trailer was moved,

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She was definitely a lot more happier that it was gone.

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She didn't go to the meeting either, but she was definitely upset about the trailer.

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So a lot of neighbors who complained about or who were concerned, may I say, about the trailer being there, that was really their main concern.

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so have you um the concern was to them was providing a hardship to the community

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so have you been working with the community so that you can address other hardships like

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i'm thinking now that truck might be a you know proposed post a problem for the community as well

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since you're going to be storing stuff there so have you worked with the community um and

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rco on remedies for that yes that's a good question so it wasn't so much about the storage

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of the tires that they had the issue with it was more so it seemed like the an eyesore which

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because the 53 foot trailer sticks out a lot and it blocks the view of the street uh so now that

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that's gone if if you can you can see that it looks very open um so that was more so the concern

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not so much of the storage of the tires because the reason why we're storing the recycled tires

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is to make sure that we recycle them properly and make sure we take them to a facility that

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will take care of them properly and not just dump them on the side of the road like I've seen many

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people do. Previously, when we did have the 53-foot trailer, we didn't also just use it to throw our

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tires a lot of the shops in the area came and and recycled their tires with us so that to make sure

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that the tires were recycled properly and not just again thrown out on the side of the road like i've

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seen many people do some some shops they i don't want to some places just throw the tires where

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they know other people will recycle them like i know a pet boys down the road they get a lot of

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tires thrown at them and they just leave them there overnight maybe like 200 tires at a time and

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and they just leave them there overnight maybe like 200 tires at a time and it's

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that's how some people decide to do it but we try to do it the right way

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and uh but since it's an issue for the community we felt like the best way to do it would be to use

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the truck thank you what's the other questions any other questions from the board what's being

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stored in the in that enclosed area now at this moment at this time since we don't have uh the

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tire dealer license we have no tires being stored on the lot so as you can see in these pictures

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there's no tires there no no and and the fence it looks like it looks like some metal some things

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that are stored there yeah so that is um those are racks and so we can that we used to have tires on

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Some of them are leaning over because we haven't made them state, how do I say, we haven't put them in the ground yet so that we can figure out the most efficient way to store tires and a safe way so that they would be within regulation of however you guys see fit.

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All right, thank you.

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Any other questions from the board?

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Yes. Question. It says here that the nine feet and seven inch rear yard is required and a five foot side yard is required and zeros proposed again on that.

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So how is this property oriented with respect to the, I thought I saw a row of houses.

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So how far away is this facility, if you will, from the closest houses?

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Is that, am I seeing in this picture that you have here, that that's a row of houses over to the left? Or I saw another picture where, again, we saw the houses are right there.

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Like the rear, yeah, the houses are like right here.

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It's like the rear view of property seems to be facing the side of the closest property.

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So what are we talking about in terms of how many feet is this from these houses?

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There's a driveway between.

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Right.

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It looks like, yeah, but that's my question. What are we talking about in terms of distance here from what would be the rear here where these tires, you're going to, okay, if you were to get permission for this,

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than you would store tires in this enclosed area here in the rear, which would be right

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on the other side of the driveway from the residential properties?

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So that's a good question.

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As far as storing tires there, again, I'm kind of new to this.

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So I'm not 100% sure exactly how they should be stored, which is why you don't see any tires there at this time, along with the fact that we still don't have the permission.

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So we want to do things the right way.

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If there is a requirement, I think that's about like at least 12 feet, 10, 12 feet, because the trash truck passes by there.

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So that's a pretty big space.

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I'm not sure exactly how many feet they have to be away from residences, but that's something I'll look into.

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I do know that there are certain requirements in order for there to be storage, in order for the tire license, there are certain regulations that he is required to have that the state is going to enforce as far as the storage of that.

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I do know that. So so they would be the governing. They would be the governing body to make sure that the storage, any storage would be in compliance with their regulations.

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and you are going to fix tires and put them back on cars and you're going to sell tires

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and put them on cars is that what you're going to do or so we're a auto repair and tire center we

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So we're a auto repair and tire center. We sell tires, we sell parts, we fix cars, we repair tires, anything really that has to do with cars and trucks.

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so tired.

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So as it relates to tires.

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Oh, right.

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Okay. All right.

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Thank you.

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I have another question. What are we doing about fire code, complying with any fire code regulations at this building? Do you have sprinklers? Do you have, I think for tires you need like hazmat licensing and things like this.

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I I'm just trying to figure out should there be heaven forbid some sort of fire at this property

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what do we what do we have there to uh deal with that yes ma'am thank you very much for asking I'm

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I'm glad you actually asked that um actually Ellen I came out uh yesterday if I'm not mistaken

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uh to do a random inspection and they he specifically said he wants he's here to do a

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fire safety check i believe was the way he worded it um and i passed with flying colors uh everything

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that i needed to be there was there and you have paperwork from them that says that

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No, I do not have paperwork, but I have his card, if I'm not mistaken. I can give you his information, and you can reach out to them, or I can reach out to them and have them send you the paperwork if you'd like.

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Thank you.

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All right. Any other questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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um yes mr chair so the the refusal in this case um was there's definitely some errors on it to

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begin with um because the the description doesn't really match the uses that are listed below

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but it sounds like the applicant has made changes and is not even asking for one of the uses

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that was originally on there um has removed the trailer um which which was what the dimensional

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refusal for about i believe um i'm a little bit confused why there's landscaping refusals on there

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because there was nothing in that we received that indicated there was um parking being proposed

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which would trigger a landscape review so um so i think so i think there's things that need to be

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fixed about the refusal just in general but if the applicant is changing this the scope of what

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they're asking for i think they need to request an amendment so that um it's clear what they are

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requesting um before the board so jermaine that means we're not going to vote on this today

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yeah i can i can do an amendment for the tire just simply for the vehicle repair

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tire repair sales and recycling i i can go ahead and i can uh i can make that amendment

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and then uh i i can make that amendment

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hillary yes no that's fine please uh submit a written request so the board can authorize

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the amendment ellen i will not amend it while it's before the board unless you have approval

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from the board okay that's fine i will submit a request i will submit a request uh short as to

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that questions or comments from the virtual audience yes chair we have craig melodosian

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with their hand raised and they have been allowed to speak craig okay craig melodosian

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Craig you're up on

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Hogan's Avenue

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no sir but this is an automotive

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related use having to deal with

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tires I stayed on from our

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Elmwood Avenue piece which was

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automotive related use

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I've worked with Mr. Harris before

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I have the greatest respect for him

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however

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addressing what Ms. Gaston raised

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that refers back to

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chapter 25 of the vehicle

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salvage code

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in relationship to fire code and traditionally that that's meant to be associated with vehicle

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salvage tire rebuilding and storage in in open and what we would consider more industrial areas

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and i will be raising this on multiple other cases coming before

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And I will be raising this on multiple other cases coming before you.

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We would ask that the board consider a higher standard, which under the zoning code is table 14-602-3, which regards that the storage of parts must be an enclosed structure.

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And with this being immediately behind residential areas, such as we have on Woodland Avenue, I don't think it's unreasonable to ask that the tires not store water, which would potentially be a vector for insects to fly out.

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Greg, thank you.

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I leave it at that. I ask for your consideration in the future with that respect.

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We appreciate your comments.

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Is there anyone else in the virtual audience?

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Yes, Chair, Tyrone Williams has been allowed to speak.

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Tyrone from, okay.

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Mr. Williams?

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Mr. Williams?

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Tyrone Williams, please unmute yourself.

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You have been allowed to speak.

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i'm sorry mr chair and board that was a mistake i must i know i was wondering if you're a boy okay

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thank you anyone else in the virtual audience i see no hands planning commission do you want

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to take a position on this or do you want to wait till we get back the uh chair i think we'd rather

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wait until we get the amended refusal so we know what we're recommending for or against thank you

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All right. All right. So, Hillary, this is going to be closed except for amended refusal.

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So we're going to need to have a resumption hearing, Mr. Chair.

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All right. All right. We'll do a whole resumptive hearing. Thank you.

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Counsel, can you hear that?

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Yes. All right. I'll do it right.

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Right. OK. Thank you very much.

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Thank you.

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Number seven, MI 2024-002-801-2000-24, Art Street. Robert Careless is the attorney. There's a letter of non-opposition from Logan Square Neighborhood Association with a proviso and a letter of non-opposition from Council Member Young.

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good afternoon mr chairman all right counsel could you please state your name and spell for

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the court stenographer yes robert careless c-a-r-e-l-e-s-s goes in o'connor you swear or

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affirm to tell the truth the whole truth nothing but the truth i do please proceed sir

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i'm sorry one minute could you identify your client and their relationship to this property

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Sure. I represent 2000 Arch Associates LP, the property owner.

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Our vice chair has a few questions for you.

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Ish?

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Do you stipulate to the reading of the refusal, and do you agree with the accuracy of the refusal?

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Yeah, I agree to waive the reading of the refusal, and I do stipulate to its accuracy, and I did mail in my exhibits.

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Okay, fine, fine. Why don't you start your presentation, sir?

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Sure.

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Can you see my screen, Mr. Chairman?

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Yes, we do.

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Thank you again, members of the board, Bob Careless, Cozen O'Connor, again, and I'm before you today with respect to the new 18-story professional office building for Chubb, which is under construction at 2000 Arch Street.

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And this application requests a special exception for the use of the ninth floor outdoor area as a roof deck accessory to the new office building.

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Showing you my index for the exhibits, which I will move through quickly.

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Exhibit A1 is a copy of our deed into the property.

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Exhibit A2 is a copy of our tax clearance certificate.

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Exhibit A3 is a copy of our application to L&I.

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Exhibit A4, and this will start giving me a picture of what we're asking for today.

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This is the drawing that was submitted to L&I.

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Our deck fronts along Arch Street to the north and along 20th Street to our east.

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On the western side of the proposed deck, we are set back a little further due to the provision of a green roof here.

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So our occupiable area does set back much further from the western side of the building.

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The railings on our proposed roof deck are in compliance with the code, as you can see,

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markings throughout showing the five-foot setback.

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The height of our railings also conform to the code at the 42 inches with three and a half feet, as you see here where my cursor is indicating.

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The height of our railings also conform to the code at the 42 inches with three and a half feet.

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This office building was approved back in 2022 for zoning.

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At that time, our initial plan had proposed this outdoor area with a pergola structure that would have covered the occupiable area.

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So it was not technically under the code of roof deck.

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We are now proposing to remove the pergola structure and as a result, seek approval for the use of this ninth floor outdoor area as a roof deck accessory to the office building pursuant to 146045 of the zoning code.

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Exhibit A5 is our referral issued on May 3rd for the use of the roof deck.

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