civus
Hearing video

ZBA Hearing - October 21, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20206h 33m

Third, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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For anyone participating by phone, if you wish to testify, you must first raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I'll repeat.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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finally to enter an appearance statement call google 267-270-5548 and leave your email address

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and the address of the property at issue i'll repeat for anyone to enter an appearance statement

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call google 267-270-5548 and leave your email address and the property at issue before mr

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plaza calls our first case uh we'd like to ask if anyone is requesting a continuance

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or withdrawal at this time please raise your hand and i believe there were some continuance

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requests on the list that i sent earlier that included both the two but i misplaced them so

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if you don't mind could you read them into the record for us so what i have here on a 330 list

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No. 4, Larchwood No. 4 case.

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No. 4?

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Mm-hmm.

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Give me a second.

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Okay.

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MI 2020-001065, 5409 Larchwood Avenue.

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A continuous request came in from the Councilwoman's office.

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Okay.

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Any others?

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um well did we want to check the c yes i found it i have it um i was going to ask at the end

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all right sure number four on your list oh wait no tanya that's what you just read large hood

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isn't it yes yes okay um okay we if you could check to see if anyone is here for number

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two i have no record of having received exhibits

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i have no hands up at this time for either okay so uh mi-2020-0004624 long ford l-o-n-g-f-o-r-d

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street we have no exhibits that case will be continued and if anyone objects to uh the two

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that have already been read into the record for continuance please raise your hand are there any

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other requests? I have no record of any. Neither do I, Chair. You can go forward. Okay. So

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there's no objections. Having said that, confessor, please read the first case. Remember

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the first case. MI 2020-001271, 1704, Frankfurt Avenue. I'm promoting Adam Laver.

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good afternoon mr chairman members of the board adam laver of blank rome one logan square

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adam you swear in the firm to tell the truth the whole truth for nothing but the truth

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yes mr plaza i do thank you you agree to waive the reading of its refusal and stipulate to its

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accuracy yes i do thank you also have you emailed an exhibit packet with the required documents

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proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans

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five days prior to this hearing? Yes, Mr. Plaza. Thank you. Have you met with the RCO and have a

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letter? Yes, we have full support from the coordinating RCO as well as an additional RCO.

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Thank you. Please proceed. Now, having said that, Mr. Laver, if you could give us the basics of your

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application we'd appreciate that yes i've been with you and and i want it to be faster than usual

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for sure for your sake uh can you see the aerial photo that i have up on the screen

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yes very good uh my client is c properties uh keith daly is the principal he's with us

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and rustin oler is the architect uh where you see uh 1704 frankfort avenue which is a three-story

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gray structure just to the left of a larger industrial structure on

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Frankfort Avenue that is the subject property Keith purchased it two years

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ago it was built by another party he found out that it didn't have the zoning

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it was built by another party he found out that it didn't have the zoning approvals in place

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amazingly the refusal that is before you is for two reasons one refusal we've taken off the table

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that was we're in a cmx2 commercial district and on the first floor due to ada issues

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Keith thought that we had to change the use registration to residential.

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However, he's worked with the community and the bid and is going to be able to lower the floor to grade level.

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And so we're taking that refusal off the table.

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And we are agreeable should the board be inclined to grant relief for a condition to the permit at the first floor,

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floor, the entire first floor, the commercial as permitted in the district.

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The uses above are one residential apartment per floor for a total of two residential apartments.

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The second refusal concerns height.

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The three-story structure meets the code requirement, it is not greater than 38 feet.

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However, if you see the hand sign, I'm indicating at the back of the structure there is a pilot

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house.

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That pilot house, which was built by the prior owner, is not set back the required five feet

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from the rear, although you will see quite clearly in this photograph that the setback

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from the front is very significant.

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And I should also note that in terms of meeting the intention of the code behind this aerial,

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there is a rear yard that's 27 feet.

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So effectively, we believe that we've taken off one refusal.

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We believe that the second refusal regarding the pilot house issue is a technical refusal,

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but actually meets the scope and spirit of the code.

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And we've submitted the two letters of support from all interested parties.

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I could continue should the board wish, but I'm going to honor the request to be brief.

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Thank you. Do you have your client that you want to bring?

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Mr. Keith Daly, if you could please raise your virtual hand.

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Ms. Sunkit, the administrator of the board, will be allowed, will be able to promote you.

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so that you can be sworn in sir when you get on would you please identify yourself spell your

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first and last name and my name is keith daly uh it's k-e-i-t-h last name's daily d is david

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a-i-l-e-y did you swear and affirm to tell the truth the whole truth and nothing but the truth

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i do sir thank you adam please thank you mr daly have you been present for the

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entirety of my presentation to the zoning board this afternoon yes I have and would you adopt

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and affirm it as your own absolutely thank you Mr. Daly thank you thank you any questions from the

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board no no anyone else anyone else who would like to testify in this case if so please raise your

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hand

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chair i have sloan folks from the council person's office thank you mr folks good afternoon good

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good afternoon councilman i'm sorry chairman chico zba board sloan the f is a fire or lks

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Yes, Office of Councilwoman Maria Cameron Sanchez, Room 508, City Hall.

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

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Yes, sir.

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The applicant, having met with the RCO and received a letter of support, our office offers their support to this various requests.

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Thank you.

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Thank you.

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Anyone else who would like to testify in this case?

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No hands.

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Thank you.

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Planning Commission?

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Hello, Mr. Chairman.

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This is Mason Austin, M-A-S-O-N-A-U-S-T-I-N, from the Planning Commission.

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

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I do.

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Thank you.

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Please proceed.

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The property is indicated for commercial mixed use in the comprehensive plan and is known for that use.

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However, given the change in plans to provide ground floor commercial and in deference to the support of the coordinating RCO,

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the Planning Commission has no objection to the granting of this variance.

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Thank you very much. MI-2020-001271.

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1704 frankfurt avenue my vote is yes um excuse me there's going to have to be a proviso requiring

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1704 Frankfurt Avenue, my vote is yes.

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Excuse me, there's going to have...

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that i'm sorry requiring that there be ground floor commercial use and two units is that correct

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yes miss saletta i'm sorry sharon would you repeat that yes there has to be a proviso

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stating that the approved use is ground floor commercial with two residential units above.

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We're agreeable to that, Mr. Chairman, members of the board.

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Am I? Yes, Reproviso. Okay. Yes, Reproviso. Thank you.

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Yes, Reproviso. Yes, Reproviso. Thank you, members of the board.

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All right. Thank you. All right. Next one up. It's MI 2020-000015106 Park Street.

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I have no hands for Sparks.

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MI-2020-000015 106 Sparks Street is continued.

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This is Sharon Saleta. I can tell you the woman, the appellant in that case is pro se,

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and she did submit all of her exhibits, so perhaps she had to leave.

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but next one up is mi 2020-00106760 north 23rd street

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professor i think did you read that number again please yes mi 2020-00106760 north 23rd street

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I thought I heard one, two, six, seven. All right. Thank you.

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I'm promoting Gary Clark, attorney.

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Okay.

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Mr. Clark.

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Hello. Good afternoon.

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Hi. Good afternoon. Please identify yourself with the records by your last name.

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Yes. I'm Gary Clark, G-A-R-Y-C-L-A-R-E. I'm Paul Ewing.

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My address is 1500 Market Street, Philadelphia, 1910.

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Thank you. Do you swear in front of me to tell the truth, the whole truth, and nothing but the truth?

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I do.

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You agree to rate the reading of its refusal and stipulate to its accuracy?

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I do.

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Thank you. Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copied the refusal or referral, photos and plans, five days?

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Okay.

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Sorry.

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Have you also met with the RCO and have a letter?

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Yes, I have.

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Thank you.

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All right. Thank you.

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Good afternoon, Mr. Chair, members of the board. I'm the attorney for the applicant, the Giant Company, in the matter of 60 North 23rd Street.

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Along with me is a representative from the Giant Company, as well as our project architect, in case there are questions for them later on.

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So, oh, also, I'd like to note that we have revised plans. We had two RCO meetings with LSNA.

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I've already submitted the revised plans as well as the proviso plans form.

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And so in this...

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Can you tell us, were those plans accepted by the RCO?

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Yes, they were.

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The letter you spoke to, is that a letter of opposition or support?

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The letter is a letter of non-opposition to the revised plans.

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Thank you.

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You're welcome.

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So, during the presentation, I will be presenting the revised plan sizes.

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I'll make reference to the original, sorry, revised sign sizes.

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I'll make reference to the originals when I discuss the variances so we can see what the changes are.

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So, first, I'll give an overview of the location.

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I'll talk about the signs that we want to erect, a few details.

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I'll discuss the variances and then open it for questions.

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so the property is located in the location of this green square it's bounded to the west by

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the scoople river to the north by cherry street 23rd street to the east and to the south is where

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arch street would be but arch street cuts off at 23rd street i'd like to note that giant's new

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store is going to go into the new Riverwalk development which is a very large mixed-use

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residential retail development. It also encompasses this parcel to the south where I'm moving the

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It also encompasses this parcel to the south where I'm moving the cursor.

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cursor.

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The project is going to consist of two towers.

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Mr. Clark, excuse the interruption.

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We don't see your exhibits.

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Oh, I'm sorry.

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Okay, do you see them now?

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Yes.

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Okay, my apologies.

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So this green square is where our parcel is located. This area that I'm circling to the south comprises the rest of the Riverwalk project. There's going to be two towers. The construction is already underway. We are in the north tower over here. The south tower will be here.

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The project in total will have about 700,000 square feet of residential units and about 70,000 square feet of retail, of which the giant store will make up about 65,000.

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And this will come up later, but our building itself is roughly 400,000 square feet.

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I'll just take a walk around the building and briefly discuss the location of the signs.

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So here, sign A is facing the Scoople River. This will be a large giant sign.

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The purpose of this sign is to identify the store to motorists coming off of the expressway.

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On the northern elevation facing Cherry Street, this sign F is to delineate the entrance to the parking garage on this side.

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There are two entrances, so this is one on Cherry Street.

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sign c is a small giant direct sign that is directly underneath sign b which is a red giant

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sign just to identify the store to folks coming from the north along the 23rd street elevation

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we have sign e which is a starbucks sign to identify the coffee shop inside the supermarket

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Sign B, there are two of them at the corner, again, along 23rd Street and here where Art Street would be.

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This is the main entrance to the store.

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So, you know, we have one sign facing east and one sign facing south to properly mark the entrance.

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And then here, sign D is a giant direct sign above the second entrance to the parking garage,

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which is internal to the Riverwalk project, but facing south and Arch Street.

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So just to give some better context, I'll show a few renderings that give an idea of what the signs look like on the building.

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So this is the view from the north coming down 23rd Street here.

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And then you can see the giant store identification sign here, along with the smaller giant direct sign immediately below.

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this is a view from the south so again this is where Art Street would be and

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this is 23rd Street here this is the main entrance to the store and again you

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have a giant store identification sign facing south and another one facing east

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and then this is the giant direct sign over the parking garage entrance that's

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internal to the site this is a view from the west so this is the giant sign

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facing the expressways for wayfinding for motorists. It's about 44 feet high.

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And then finally we have a sunset shot from the north. Again this is Cherry

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Street just giving an alternate view view and alternate lighting of the giant

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sign, Giant Direct, and then this is the parking garage entrance sign on Cherry

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Street. So I will briefly give some key dimensions that will come up during the discussion of the

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variances. So this is the elevation facing Cherry Street. This giant identification sign here is

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approximately 44 square feet. The originally proposed size was about 80 square feet. But after

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discussions with neighbors and an attempt to minimize the impact, we have almost halved the

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square footage of this sign. Below it here, it's maybe a little hard to see, but that's the giant

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