civus
Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

Will this be a special

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Mr. Chairman?

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No, we have other

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cases scheduled.

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We just, there's just

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too many. We got a thousand cases backlog.

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We just have to do

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as best we can. All right.

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Thank you all.

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Thank you.

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Thank you for your time, everybody.

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I'll see you guys back at 2 o'clock.

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Thank you.

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You got it.

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Okay.

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Good afternoon everyone.

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Before we begin, our two o'clock session, Ms. Sunkit, Tanya, do you have anything?

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We'll give you a couple of minutes.

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Excuse me.

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Yes, Chair, I think we're ready to go.

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Everybody should be here.

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okay professor yep Tom is here Jim's here okay okay good afternoon everyone my name is Frank

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DiCicco I'm the chair of the zoning board of adjustment I'll be participating in today's

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hearing along with our board secretary confessor plaza and board members Mr. Thomas Holloman and

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Mr. James Snell. Board Administrator Tanya Sunkit and Board Attorney Shailen Saleta are also in

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attendance. For those of you who haven't yet participated in our virtual hearings, I'll go

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through some of the basics of what you can expect. First, we will be administering oaths to

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individual participants prior to their testimony. Second, for the benefit of anyone participating

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by phone, we ask that attorneys and witnesses identify themselves prior to speaking or testify.

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Third, we'd like to advise everyone that this proceeding is being recorded and that by

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participating you acknowledge your agreement to be recorded. Fourth, anyone participating by phone,

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if you wish to testify, you must raise your hand by hitting star nine and then star six to

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unmute yourself i'll repeat pardon me for anyone participating by phone if you wish to testify you

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must raise your hand by hitting star nine and then star six to unmute yourself finally to enter an

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appearance statement call google 267-270-5548 and leave your email address and the address of

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the property at issue. I will repeat that as well. To enter an appearance statement, call Google

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267-270-5548 and leave your email address and the address of the property at issue.

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With that being said, we can begin, but I'd first like to ask if anyone is requesting a continuance

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or withdrawal of an appeal listed for this afternoon session. If so, please raise your hand

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and if you could give us the page of the case that you want continued or withdrawn that would

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be helpful in addition to the address chair i have rachel pritzker good afternoon rachel uh

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you're still under oath from this morning okay please proceed uh rachel r-a-c-h-a-e-l

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Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

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I represent the applicant for 646 North 32nd Street.

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I don't have access to the page number.

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We'll find it.

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Number six.

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Thank you.

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You're welcome.

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what what hold on one second oh i got my i got the wrong sheet i'm sorry

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i'm looking at 3 30. i apologize let me get the two o'clock list sorry about that all good

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okay 6 46 north 32nd you're asking for requesting a continuance yeah i'd like it

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646 north 32nd you're asking for requesting a continuance yeah i'd like to request a continuance

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and leave the board to amend our application um we met with the rco and they wanted us to see if

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we could figure out how to do parking on the site so we'd like to um we're going to have to obtain

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additional variances in order to make that happen but we we want to explore that in order to meet

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the community's concerns so we're going to need a continuance and then leave the board to amend

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because we're going to need a new refusal okay thank you is there anyone objecting to the request

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for this continuance um i was this is tanya i wanted to ask if rachel wanted to be the moving

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party on this yes please tanya thank you thank you for clearing that up thank you

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so uh mi-2020-000447 646 north 32nd street attorney moving party

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i have no other hands chair

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give me a second i don't like how i

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these cases mixed up two o'clock oh I think I got it right now I think bear with me everyone

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All right, anyone else requesting the continuance or withdrawal?

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Seeing none, but I need to have an announcement to make. Just give me a second.

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1925 North 4th Street is listed as number two on the 330 list today but it's actually to be heard

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tomorrow at 3.30. So 1925 North 4th Street is being heard tomorrow at 3.30. It was listed today by mistake.

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Frank, which one was that?

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Number two on the on the 330 list.

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I'm making an announcement now and I'll make it again at 330.

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That Byberry rule?

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Oh, you said 330, right?

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Yeah, yeah.

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330 is number two on the 330 list.

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I announced it now just in case anyone was going to hang on.

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But we'll announce it again at 330.

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And let me make sure.

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oh 52nd street

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that's for 330. yeah i'm here i do have one more request could you call number seven just

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to determine if anyone is here because i have no record of having received exhibits

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which one was that sharon

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i'm sorry number seven on the two o'clock list yes

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What was your question again?

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So she's asking if we can call that case to see if there's someone here, the applicant

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or attorney, to present because we did not receive exhibits, so the idea is that it should

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be continued.

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okay thank you so mi-2020-001190 6778-84 ridge avenue is anyone here on this case

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chair i have jeffrey yes that's me are you an attorney i am not i'm the potential leasee of

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property um okay potentially what lisa there

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Okay.

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A what?

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Potentially what?

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Lee C. They're building a new commercial building, and I'm going to be the Lee C in

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that building.

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According to staff, we have not received any documentation.

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Really?

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We have, because the Roxborough Development Corporation sent a, we have a copy of it,

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and the Roxborough Community Association also has a document they sent.

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i'm sorry could i just ask a question chair if it's allowed yes yes um so mr brass office yes

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did you are you the applicant presenting i am not is there attorney for this case

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they're supposed to be i'm surprised they're not here yet um can you give me do you know who they

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are yes it's uh eric marshall is okay yes i see him please hold the line okay

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okay cheers hi good afternoon eric marshall how are you good thank you

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um sharon or tanya went away in my it's our understanding that we did not get full

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list of documentation um i have an email trail from richard de marco who's our attorney he's

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just having trouble logging in i'm texting with him now but i have the email trail he's submitted

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all of the documentation as of last week and then we submitted an additional document from

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the rdc one of the rcos of a letter of support too so we've sent over the letter of support and

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all the addendums and attachments i mean i can re-forward that email i'm copied on that email

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but i know he did send it i will email mr demarco now and he actually just said he he's in i don't

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know if you if you see him raising his hand why don't we just call this in order and i will

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contact rich now yeah okay all right sharon just to put on a record yes we received it but he may

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not have sent it to you as required okay thank you all right thank you anyone else

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no chair no other hands thank you with that i believe we can begin tanya

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Yes, Chair. Okay, thank you. Confessor, please call the first case.

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Meeting item MI 2020-001199, 1007 South 3rd Street.

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Where are we at? Yeah, I don't have that. I have... That's number eight, Tanya, from the

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two o'clock list. That was supposed to be number one. Remember you said there was number eight?

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oh i'm sorry confessor that i had squashed that because it's eight on a two o'clock

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okay so get rid of my apologies no problem um but i did i don't sharon did you

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okay we can go forward to we do have exhibits for that and the attorney is jane sue

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okay so we can begin with survivor 3107 survivor i believe so okay medium item

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MI 2020-001-1206-3701, Survival Street.

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Anyone here for Survival Street?

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please raise your hand.

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We have Brett Feldman, who's been promoted to a panelist and will wait to be sworn in.

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

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I do.

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Do you agree to waive the reading?

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I apologize.

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This is Sharon Saleta.

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I keep getting disconnected, but I just wanted to, the next case we had on as number eight

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on the two o'clock list, or number eight on the 930 list, but it's actually number one

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for today.

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So perhaps you could call that after Mr. Feldman's case.

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It's 1007 South 3rd.

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Okay.

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so after this case we'll call that one up yeah because I have it listed I have two page eights

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that's one of them okay all right Mr. Feldman identify yourself and then I think confessor

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you'll read off the rest of what you the instructions yes Mr. Chairman members of the

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Yes, Mr. Chairman, members of the Board, Planning Commission, Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania, 19103.

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board planning commission

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I represent the owner-applicant, Castro Lofts, LLC.

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Do you agree to waive the reading of his refusal and stipulate to its accuracy?

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I do.

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Thank you.

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Have you emailed an exhibit packet with the required documents, proof of ownership,

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should prove of tax compliance, copy of the refusal of referral,

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photos and plans, five days in advance of this area?

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We have.

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Thank you.

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Have you met with the RCO and have a letter?

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Yes, we have both a letter of support from the RCO.

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We also now have a letter from the district councilperson,

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Mr. Councilperson Squilla, in support slash non-opposition for this project.

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Thank you.

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You may proceed.

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Thanks.

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May I share my screen?

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Yes, you may.

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Okay.

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Let's see here.

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It hasn't been shared yet, has it?

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You got it now?

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Yes.

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Okay, thank you.

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So here is the cover sheet for the exhibit package.

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you'll see exhibits one through 11 which I'd ask be incorporated into the record

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we also have wasn't in this package but is now available the letter of support

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you should see in front of you from the Harrogate Civic Association in front of

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you 11 11 in support 11 votes I think to I think it's two or zero in

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opposition. And then we also have a letter from the councilman, Mark Squilla, in support

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non-opposition as well. Let me go back to the exhibit package. This is a little bit of a back

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to the future project. The zoning board saw this back in 2014, this exact project, this exact

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building, and approved it. Unfortunately, the applicant got stuck in the water department,

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And by the time the water department approval was ready, then zoning said that the zoning permit, which we had got, was no longer good.

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So this is, we are coming back to the zoning board for the exact approval that we previously got, that we ran out of time because we couldn't get through the water department, I believe in the streets department.

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So this might look familiar to any of the board members who were there at that time.

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So here's the project itself.

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Here's the deed.

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get right to it uh this is the building uh this is castor avenue here uh this is survivor street

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here uh this is a uh rather large industrial building uh that has been vacant uh for some

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time again with frontage on castor front around survivor and let me just take you through it

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that's the that's the castor frontage um it's that's the inside um still very structurally strong

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but clearly in need of redevelopment and just as we obtained back in 2014-15

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what this application is seeking is a mixed-use building it is here's the

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best way to look at this this is the building and this is actually a parking

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field that we have that would be part of this we're looking again for 90

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apartment units in the building and then 10 commercial spaces we have both

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parking on site in this area over here and then this is kind of a unique

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situation where the same owner has this parking over here and we actually have a

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permit already for the non accessory parking of another 39 or 40 spaces that

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we can provide for this building so it's really kind of a win-win and that

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permit for the parking is in place in our exhibit package so this is the

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building, this is Caster, this is Surviva, this is the Heintzman Rec Center that's over here,

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which is really kind of a nice attraction for our future residents, which is right now being

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prepared to be completely renovated under the city's rebuild program. I'll just take you down

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take you down here the property zone CA2 so it's known like shopping center commercial which

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here. The property is owned CA2, so it's owned like shopping center commercial.

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