civus
Hearing video

ZBA Hearing - August 16, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 16, 20233h 50m

I really don't have much more to add.

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i really don't have much more to add okay then then we have nothing further mr chair

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Okay, then we have nothing further, Mr. Chair.

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okay thank you questions from the board

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no chair

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lebaron

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no questions mr chair questions or comments from the virtual audience

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Chair, we have Amy Zuccarino. She's been unmuted and allowed to speak.

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

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Amy?

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Ms. Zuccarino, please unmute yourself.

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Yes, hi. I just want to offer my support for you.

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Hold on, Amy. Hold on one minute. Could you state your name and spell, please, for the court stenographer?

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Sure. My name is Amy Zuccarino, Z-U-C-C-A-R-I-N-O.

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

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Yes.

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Thank you. Proceed.

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I just want to offer support for the Catholic workers.

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I think what they do for the community is fantastic.

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They offer people that are less privileged than most people in that community.

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And I just think that they're doing a wonderful job.

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Thank you for taking the time to cause and we'll take your words on their advisement.

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Anyone else in the virtual audience?

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Chair, we have someone with the last name, H-U-Y-N-H.

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Caller, please unmute yourself and wait for the chair.

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

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Good afternoon.

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My name is Katie Nguyen, H-U-Y-N-H is my last name, first name, K-A-T-I-E.

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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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Yes, I do.

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Please proceed.

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I have been volunteering at the Catholic Worker Free Clinic since 2002, and I can testify that this is a clinic that is saving lives.

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As you know, we are in an opioid epidemic, and we witness more than 1,200 people a year dying in our city of opioid overdose or related to opioids.

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And this is a clinic that is on the ground, really engaging folks in care.

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When you hear the words free clinic, you might think of a business or an organization, but there's no transactions done at this place.

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There's no money taken. There's no IDs taken.

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consider this a drop-in center, consider this a safe place where people that don't feel safe

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in our healthcare system can find a connection and really start to make a move towards health

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and whatever that might mean for them. I'm a physician assistant. I also have worked in

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several federally qualified health centers in Philadelphia and just testified that this is

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different. This is a place that is unique and that is offering services to people on the margins in

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many different ways. Thank you very much for calling in. We appreciate it. Is there anyone

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else in the virtual audience? Chair, we have the Reverend Kristen Ostendorf. They have been

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muted and about the screen. Hi, could you state your name, please, and spell for the court

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personographer. Sure. My name is the Reverend Kristen Ostendorf. First name is spelled K-R-I-R-T-E-N.

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Last name is Ostendorf. It's O-S-P-E-N-D-O-R-F. Okay. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? I do. Please proceed. Thank you, Mr. Chairman. I also

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I'm speaking in support of the Catholic Worker Clinic. I am a partner of the clinics. I am a

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deacon in the Episcopal Diocese of Pennsylvania, which includes the city of Philadelphia. And as

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has already been testified to, this clinic is saving lives. It's part of a multi-organizational

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approach to working with some of the systemic issues in the city of Philadelphia. In my case,

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I work with the mendicant outreach project called Clare Project, and we walk the streets to try to

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identify people who might benefit from the clinic services and also offer creature comforts and

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pastoral care. And I would say that the ongoing work of the Catholic Worker Clinic, which has

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been there for decades, allows for real health care and compassion to continue in part of a city

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that desperately needs it. I also would like to make the point that these are systemic issues

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that we are working against, and we're not going to be able to zone our way out of them.

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Keeping the clinic open will continue to save lives while the city can deal with some of

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the issues of opioid addiction and intense poverty that we see in that area.

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Thank you for allowing me to speak.

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Thank you for allowing me to speak.

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Thank you very much.

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Thank you very much.

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We will take your words under advisement.

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We will take your words under advice.

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Is there anyone else in the virtual audience?

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Chair, we have someone under the name Tracy's iPhone.

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Caller, please unmute yourself and wait for the chair.

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Mr. Chair, if I might, very, very briefly, I know that there are a lot of people here

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to offer words of encouragement and support to the clinic.

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In respect of the board's time, if you're here and just want to offer a quick statement

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to support. I think the board understands. I don't want to take the board's time with a lot

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of repetitive support. I think we have a strong picture where the community is with this.

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Trying to be respectful of your time, Mr. Chair. So is there anyone who has any comments that are

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different than what we've heard? How's that sound? Chair, I still have the caller under Tracy's iPhone.

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Bring them on. Caller, please unmute yourself and wait for the chair.

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Caller, under Tracy's iPhone, please unmute yourself and wait for the chair.

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All right.

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Thank you.

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Is there anyone else?

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Chair, we have Naomi Wildflower.

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They've been unmuted and allowed to speak.

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Hi.

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could you state your name please and spell for the court stenographer hi my name is naomi wildflower

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n-a-o-m-i last name w-i-l-d-f-l-o-w-e-r um do you hold it hold it hold it do you swear for him

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tell the truth the whole truth nothing but the truth i do are you in favor of this project i am

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okay um we've had a lot of testimony about it we appreciate your call and we will take note that

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you're in favor of it thank you very much is there anyone else here i see no other hands at

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this time thank you very much planning commission please excuse me chair i'm sorry okay the hand

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went back down i'm sorry planning commission good afternoon chair peter bernard for the planning

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commission the comprehensive plan recommends no change to the existing rm1 multifamily zoning

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at this location. However, the property has a long history of being used as a medical office

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that expanded into a full medical clinic to serve the community at need. Accordingly,

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we recommend the requested variance be granted. Thank you. MI 2023-001-771-1813 East Haggard

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Street, I vote yes. Thomas Holloman, my vote is yes. Ishmael Shaheed, my vote is yes. Thank you,

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Mr. Klein, you have your votes. Thank you very much. Thank you very much, Mr. Chair,

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members of the board. Number five, MI 2022-004-231-4501 Woodhaven Road. Augusta O'Neill

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is the attorney. Letter of non-opposition from Councilman O'Neill. Letter of support from

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Millbrook Civic Association. Here, Ms. O'Neill is coming back in as a painless now.

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Good afternoon. Hi, Ms. O'Neill. Could you state your name, please, and spell for the

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court stenographer? Sure. Augusta O'Neill. It's spelled A-U-G-U-S-T-A. The last name is O-apostrophe

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N-E-I-L-L. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the

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truth? I do. Could you identify your client, the relationship to this property? Sure. My client is

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4501 Whitty Haven Holdings, LLC. They are the owner of the property. And our vice chair has just

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a few questions for you. Sure. Good afternoon, counsel. Do you agree to read the reading of

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refusal and speculate towards accuracy? I do. I've emailed them all the required documents and

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exhibits that are needed to proceed with this case five days in advance of this hearing.

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The only document that was missing is the tax clearance certificate. My client did have an

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issue with the city and so an agreement was signed by him today to clear up that issue and

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the city solicitor's office has just got to countersign it. So because our project architect

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and engineer, and my client are all available today. I was hoping to be able to go forward

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because this was last minute. Unfortunately, we couldn't get in touch with the solicitor's office

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to get that all executed to provide to your board solicitor. Understood. So we'll hear the case out

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and we may have to hold it until we receive the cert, but we can move forward with the case.

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Thank you so much. I appreciate the accommodation. No problem. Please proceed and share your screen.

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Thank you.

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Good afternoon, members of the board.

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I'm here this afternoon representing 4501 Woodhaven Holdings LLC.

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I'm here this afternoon representing 4501 Woodhaven Holdings, LLC.

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They are the owners of the property at 4501 Woodhaven Road.

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This is an application to construct a new four-story Marriott-branded hotel in the parking lot of the Philadelphia Mills Shopping Center, which is located in Northeast Philadelphia.

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Just to orient the board to the site, I provided an aerial overview of the property at page 47 of your exhibit package.

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The hotel is going to be located in this parking lot right off of Liberty Bell and Franklin Mills Boulevard.

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It's just south of the Burger King that's next to the shopping center.

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Pictures of the existing property are located beginning at page 49 of your exhibit package.

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Sorry.

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Again, as you can see, this is where the hotel is going to be located. It's currently just empty

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parking spaces in a large shopping center. The hotel is going to be approximately 84,000 square

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feet with over 1500 parking spaces and 100 guest rooms. The parking space number of 1500 might sound

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large um that actually considers all the parking spaces that are in the entire shopping center

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the hotel itself is going to have 138 parking spaces including four ada spaces and one ada van

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space just for the board's reference i've included some pictures of renderings of the to be built

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Hotel. This is just a view of the hotel looking north. If you're on Liberty Bell Boulevard

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looking east, this is another image of the rendering of the hotel. This property is zoned

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CA1. The refusals that were issued appear at page three of my exhibit package. There were two

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refusals that were issued. One was for the use, and the other is because the height is about 14

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feet over what is permitted in this location. I would submit to the board that this use is

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appropriate for this shopping center location. This is a fairly underutilized shopping center

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already. The uses that are permitted in the CA1 district would primarily be retail uses like a

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CVS or Home Depot or PetSmart. There's already a CVS in the shopping center, and the property

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hasn't otherwise attracted a lot of retail tenants. So we feel that this is an appropriate

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use of the site, as does the community that's affected by our application. We would also submit

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to you that there's going to be much less traffic generated here than would otherwise be permitted by

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one of the permitted CA1 uses. Due to the size of this project, because the building is going to be

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over 84,000 square feet, we went through the civic design review process. We met with the

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Planning Commission on August 1st. We were able to get through CDR in just one meeting and a copy

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of our completion letter starts at page 10. I'm sorry. 10 of your exhibit package. We also met

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with the affected RCO for the property, the Millbrook Civic Association, and they are in

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support of the use so long as it is a Marriott branded hotel. Their acknowledgement of support

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does appear at page 7 of your exhibit package. Councilman Brian O'Neill is likewise in support

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of the project. And again, his stipulation, just like the community, was that he wanted to see it

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remain a Marriott branded hotel. His letter of support appears at page 5 of my exhibit package.

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With me this afternoon is our project engineer, Tyler Dolgos, and Mark Musacchio, our project

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architect. Should the board have any design questions for either of them? But with that

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being said, I would ask that my client, Ravi Chawla, identify himself to be called forward.

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And I know he was traveling, so if there's any issue pulling him forward,

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I'd be happy to adopt his testimony as an officer of the court.

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I'm sorry.

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Do you see his hand raised?

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There are no hands up at this time, Chair.

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Counsel, we will take your officer of the court and we'll accept your testimony.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Thank you, Tom.

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No, Chair.

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Thank you.

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Questions or comments from the virtual audience?

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Mr. Chair, this is Hillary.

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Sorry, I just have two quick questions for Mr. O'Neill.

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First, you mentioned that there was a refusal for the visitor accommodation view, but I don't see that on the copy of the refusal that I received.

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Do you believe that's a missed refusal?

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Oh, you know what? I think that Chelly actually did submit a corrected version.

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I had this one saved when I pulled together my exhibit package, so I will update with a corrected.

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This one's saved when I pulled together my exhibit package, so I will update with a corrected version, so I apologize for that.

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Okay. Thank you. And then you mentioned there was a tax agreement. Was that related to real estate taxes?

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I believe it was related to real estate, and there might have also been BIRT taxes, but I'd be happy to send you a copy of the stipulation as long as my client has no issue with it once this is over.

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Sure, sure. So, yeah, we will need the correct refusal because we would need to add that as a proviso if this is granted, as well as the tax information in order to vote it.

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We're probably not going to vote. We're not going to vote on this today, right, Hillary?

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No, because we'll need the tax information, but we also need to make sure that we have the correct refusal on the record.

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Sure. Thank you. Questions or comments from the virtual audience?

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Chair, we have Alice Udovich. They have been unmuted and allowed to speak.

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Hey, good afternoon, Alice. Could you spell your name, please, for the court stenographer?

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Sure. Good afternoon, Chairman, members of the board. Alice Udovich, U-D-O-V-I-C-H, on behalf of Councilman Brian O'Neill.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed.

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just wanted to uh repeat what miss o'neill said that the councilman does support this however

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it is a conditional support based on the tenant being a marriott and if not a marriott that they

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come before the community again thank you all right thank you um anyone else in the virtual

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audience chair i see the other hands at this time planning commission good afternoon chair

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peter bernard for the planning commission the comprehensive plan recommends no change to the ca1

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commercial auto related zoning at this location this proposal has completed the civic design

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review process earlier this year we feel a hotel at this location will serve the nearby interstate

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in the franklin mills area and is compatible with surrounding uses accordingly the planning

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commission recommends the board grant the variance thank you um council we will we will be back once

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we receive the other issues and we'll vote this as soon as we can. Okay. Thank you. I appreciate

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your time. Thank you again for hearing it. Okay. And Mr. Chair, this is Hillary. The record is

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closed except for receiving the corrected refusal and the tax information. Thank you. Thank you

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again. Number six, MI-2023-001-939-6031 Tarsdale Avenue. Stephen Pollack is the attorney.

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