civus
Hearing video

ZBA Hearing - June 23, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 23, 20216h 15m

2005 market street it uh excuse me 16th floor good morning good afternoon do you swear for him

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to tell the whole truth and nothing but the truth yes you agree to waive the reading of the refusal

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and stipulate to its accuracy yes i do have a quick comment on it but yes okay do you um have

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you emailed the exhibit pack with proof of ownership tax compliance refusal referral

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photos under plans of the property five days in advance of this hearing and have you met with the

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rco and do you have a letter uh yes on everything uh except the tax clearance uh issue had to be

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resolved after the submission of my exhibit. Okay. But it has been. I'll go through that.

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Okay. You also have a letter of support from Fairmount Civic and Bill Greenlee, 15th Ward

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Democratic Leader, letter of support. Yes. Full support from everyone. No opposition that I'm

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aware of. Okay. So the only comment on the refusal, Madam Chair, I'll share my screen

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I'm going to show you the refusal.

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I just want to mention that we actually are adjacent to the RM1.

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We are in the CMX1 district.

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We are legalizing more than one residential unit above a professional office space.

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I also want to mention that Sharon might want to comment.

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Sharon and I spoke on this application earlier.

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I did submit a revised plan proviso form because the original plan that was submitted with the application mislabeled the first floor commercial use as a grocery store, which it is not.

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It is a professional office for a tutor service.

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So we can do that via proviso, though.

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And as Sharon can explain, I'm fine with that.

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That was Sharon's suggestion.

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we agree wholeheartedly to do it with the proviso that the first floor commercial use is professional

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office for a tutor okay and my only comment on the refusal madam chair is that we are actually

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adjacent to rm1 and i'll show you that in a moment on the zoning map so while i think the refusal is

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correct i do want to mention you can see right here this is our property we are in a long line

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of RM1. So really the use of having the additional a second residential unit is really consistent

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with the rest of the block. And we have trash storage for all units, access to the rear.

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On the tax clearance, and I'll ask Tanya to promote Rosalie Gasofsky, she has paid all of

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the taxes within the last five days, including the real estate taxes. There were some outstanding

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items, but they have all been paid. I'm hoping that your screens will show a zero balance.

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I'll show you some of those receipts. This is one of the receipts. Rosalie was online

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working on this for the last few days. She has paid, we believe, everything. There should

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be a zero balance. And this is a longstanding use. This has been two residential units with

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first floor storefront for many decades. The hardship would be clearly to convert the property

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to one unit would require all sorts of destruction of bearing walls and it has been two units and a

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commercial storefront for the length of time of the ownership of the owner. So I'll just

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ask Rosalie to accept my testimony. These can be promoted.

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is available rosalie are you with us yet

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he's available rosalie are you with us yet

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she can unmute herself unmute yourself rosalie okay i'm unmuted now i don't think i have video

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though great did you hear everything i said and do you adopt it as your testimony and as true and

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accurate yes all right you paid everything all of your taxes in the last since we've preparing

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for this hearing you've paid every taxes that you're aware of right correct before to be all

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the receipts which i in turn forward to the dining world right correct all right madam chair that's

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all i have uh with that proviso um we would ask you to approve and we have full support from the

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rco met with them and councilman greenley who's the one uh there are taxes owed on this case

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okay the real estate taxes

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yes it's rosalie did pay those i'm sorry madam chair quickly yes i could mention something this

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is tanya sunkett um and i have reviewed the real estate um email i'm sorry website where it appears

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to have a five thousand dollar and more balance old if that was actually paid we would need some

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kind of information for that all right i showing i you should be able to thank you time you should

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be able to see on my screen rosalie forwarded the payment receipt uh it does show i'm circling

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with my course or it does show payment verification with the city's web system

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of the five thousand six hundred and sixty eight dollars which was the real estate taxes right here

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uh so it was paid recently so it would make sense that the computer system has not yet

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updated it was paid on one day rosalie is that correct

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yes rich that's correct excuse me i'm sorry it's the reporter she has not been sworn

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right sorry do you swear from to tell the whole truth and nothing but the truth rosalie

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I do.

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Name and address, please.

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Rosalie Gozovsky, G-U-Z-O-F-S-K-Y, 1400 Church Road, Wincote, Pennsylvania, 19095.

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Thank you.

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Rosalie, do you see on your screen the courser, my courser I'm circling?

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I do.

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Is that your receipt that you forwarded to me that I forwarded to the board?

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Correct.

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Has this money been paid?

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It has.

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Ma'am, Jeremy, I hope that's enough for you.

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let me know what else you need. But we did pay this amount. I'm sorry. This is Tanya. Again,

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thank you very kindly. That does satisfy the real estate taxes. Thank you. Okay, great.

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Planning Commission. Good afternoon, Chair. Peter Bernard for the Planning Commission.

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This property is indicated for commercial mixed use in the comprehensive plan.

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We feel the applicant has demonstrated sufficient hardship and that the proposal is consistent with the adjacent properties.

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Accordingly, we have no objection to the granting of the variance.

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Thank you very much. Is there anyone in the virtual audience who would like to speak on this case?

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Madam Chair, we have Ms. Holmberg. She's been unmuted. Please unmute yourself and wait for Madam Chair.

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Hello?

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Ms. Holmberg?

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Holberg.

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

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Teresa Holberg, H-O-B as in boy, E-R-G as in girl.

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And your address?

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Uh, 2416 Peratt Street.

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Thank you. And that's in Philadelphia?

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Yes.

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

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I do. Okay, you may proceed. Yeah, we're in full support of this. I would only like to add

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that we have the proviso. Who is we? Are you representing? I represent the, I am a zoning

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co-chair. Okay. For the Fairmount Civic Association. Okay, great. And we did put a

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proviso on our support letter that if they have not already done this, that they restore access

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us to the alleyway to the adorning property owner. We did do that. We actually, Rosalie,

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I can ask Rosalie to just state, did she remove, and I'm trying to find the RCO wire, sorry.

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Did you remove the fence from the rear to restore access to the easement? The door and gate was

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removed and now there was total access to the back of the property. Okay. And we also repaired

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okay and we also repaired um the neighbor's bricks

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the neighbor's bricks.

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with her permission thank you does the board have any additional questions no no

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calendar number 1240 2928 poplar street my vote is yes with the ground floor use limited to

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professional office. Yes, Reproviso. Yes, Reproviso. Yes, Reproviso.

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Thank you. Okay, confessor.

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Okay, calendar number MI 2021 001272 4744-46 Market Street.

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We have Tony Forte that's been promoted to panelists.

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Hello, good afternoon. Can you hear me?

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Good afternoon. Are you the attorney representing this matter?

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Yes, I am.

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Can you please identify yourself for the record, name and address for the record, spell your first and last name?

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Yes, my name is Tony Fort, F-O-R-T-E.

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Excuse me, I'm sorry.

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Tony Fort, F-O-R-T-E, with the law firm of Saul Ewing, located at 1500 Market Street, Philadelphia, PA, 19102.

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And I'm the attorney for the Community College of Philadelphia.

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And you swear our firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Okay. Do you agree to waive the reading of his refusal and stipulate to the tag person?

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Yes, I do.

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

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proof of tax compliance, copy of the refusal, or referral photos and plans five days prior to this hearing?

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Yes, I did. All of that was sent last week.

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Also, have you met with the RCO and have a letter?

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Yes, we did, and that was included in our submission package.

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Thank you. Please proceed.

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Okay, let me see if I can share my screen here.

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Okay.

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There, can you see my screen?

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Yes.

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Okay, great.

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So this application involves signage for the Community College of Philadelphia's new Career and Advanced Technology Center, or CATC for short, which is located at 48th and Market Street in Philadelphia.

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That project is already fully approved and is currently under construction.

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Before I provide an overview of the variance request, however, I'd just like to quickly go through the materials that we submitted previously.

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So if you look here, this is just the index of all of the documents that we submitted last week.

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and I would ask that all of these documents be added to the record for this case.

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So this is, as I said, a property at 48th and Market Streets, and you can see here an aerial

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photo of the location in West Philadelphia. The CATC's mission is to provide workforce education

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and community engagement for the city of Philadelphia. Students will be taught

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automotive technologies, workforce, and economic innovation. There's also going to be CCP's

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pre-college STEM academy, which draws students from nearby public schools. And then the center

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will also have meeting facilities for local community and non-profit organizations.

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Just to give you a little overview, this is again the site plan for the building and if at the top

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is what you see in red there are the locations of the three signs in question. At the top is

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Market Street where the L also runs down the street. On the left there you'll see 48th Street

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side has a sign and then at the bottom is Ludlow Street and that's another sign there

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another sign there and that's the main entrance for the building.

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and that's the main entrance for the building.

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Just to go over the refusal real briefly you'll see that bottom line the signs that are being

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proposed are larger in square footage than the code would allow and they are higher

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than the second floor windowsill which has led to the refusals. I want to explain though that

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you know, the zoning code provisions regarding these signs are generally aimed toward commercial

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signs. But what is being done here is for a public institution. And the signs are not your typical

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signs. They're really incorporated into the architecture of the building and are intended

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to be an integral part of the design of the building. And there are some good precedents

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for this. These are some photos of art museums and public libraries and other nonprofit institutions

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around the world where the sign itself, the name of the institution, is incorporated into the design

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of the architecture. And that is what we have here for the CATC project.

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um and another reason for the large sign here is that this is uh meant to be a real community

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landmark um it's our college it's the community college of philadelphia and we want this building

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to become a landmark an institution that all philadelphians can take pride in so the design

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the building really is a beacon for education and learning. Finally I would add there's another

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reason for the large graphic nature of the signs and that is that the site's in a bit of a difficult

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location. The one side this is showing the Market Street side is right up against the L

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and that large sign is intended to be visible to people who as soon as they exit the L stop about

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block away. Along 48th Street side you can also see the sign on that side of the building in this

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image and there you have busy traffic going in both directions and people may be needing to find

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this for the first time and not be familiar with where it is and so the large sign really helps

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people to see it quickly and understand that they have reached the location and then finally

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this is the Ludlow Street side and you can see here that that's the main entrance of the building

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and there's another architectural sign on that side as well and again it helps people find where

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the entrance to the building is it's a little bit of a different difficult corner that people have

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to turn there so the sign will help with that. A final point I would make is that often when

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you're dealing with sign concerns in neighborhoods. The issues raised have to do with illumination and

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brightness and potential glare on people's homes. I'd like to point out that none of these signs are

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internally illuminated. On the two sides, if you look here on Market Street and 48th Street,

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those signs are actually decal letters that are placed on the inside of the glass.

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And so there's no lighting to them at all other than the light that comes through the windows

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from the inside of the building. And then on the Ludlow Street sign, those are metal panels,

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metal letters that are attached to a screen mesh. And again, those letters are not internally

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illuminated themselves. So these signs don't produce any brightness that would impact the

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neighbors at all. We did present this sign package to the neighbors, the RCO at the Walnut Hill Civic

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Association. They were extremely supportive and then very complimentary of the design. I think

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it's really going to be a beautiful addition to the neighborhood. And with that, I'll just

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conclude the presentation, but we do have a team of people here from both CCP and also from the

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architecture firm that can answer any questions that you might have. Thank you. Yep, we did

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receive that letter from the community group. Does the board have any questions? No. Okay.

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Is there anyone else here in this matter that would like to speak in regards to this?

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from the public

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i see no handshare okay planning commission

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good afternoon board peter bernard for the planning commission

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thank you this property is indicated for commercial mixed use in the comprehensive plan

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This property is indicated for commercial mixed use in the Comprehensive Plan.

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we have no objections

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We have no objections to the granting of the variance.

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so

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Thank you.

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Calendar number MI 2021-001-272-4744-46 Market Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Good luck.

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Thank you very much.

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You're welcome.

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So next one up, it's MI 2021-001-269-5141 Walnut Street.

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