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Hearing video

ZBA Hearing - October 21, 2020

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

a three-story single-family home

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with a one-car access parking garage on this lot

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to restore it to residential use

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and to also have it be consistent

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with the other homes along the block

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that do have front access parking garages.

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We have several letters of support from our near neighbors,

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including the next-door neighbor

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and many other property owners along this particular block of Lyceum Avenue.

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And as I mentioned, those letters to support kind of go with the RCO's letter at tab 10.

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That letter was received the day before our last ZBA hearing

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and is the reason for our continuance of this matter to today's hearing.

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We took another look at their comments and all of the plans themselves,

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our architect and our engineer, we reanalyzed the plans

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and considered whether any changes could be made to reduce the impact of steep slopes.

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We have a letter from our architect included in our packet at tab 12 that speaks to after his re-evaluation of the property,

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his opinion that what we are proposing represents the least excavation of the steep slopes required in order to build a single-family home on this lot.

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We also have a letter at tab 13 in your packet from our civil engineer who discusses that the ground floor garage that we're proposing,

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consistent with the other houses along this block do not require any additional excavation of the

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steep slopes or exaggerate that condition based on what would otherwise be required and they will

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they can speak to the details of that um in a moment um so in general what we're asking to do

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is to restore this lot to residential use to construct a home that's otherwise dimensionally

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compliant to minimize the steep slope disturbance that we are proposing and also have it be

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consistent with the context and character of this particular block and allow it to have a front

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access parking garage. Because of the location and the unique character of this lot, as I said,

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we do not expect that that will increase any congestion in the streets. And at this point,

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I'll turn it over to Ronald Glenn, our civil engineer, to go through the plans for the

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project and explain the extent of the excavation that will be required on the site.

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Ronald, if you can raise your hand so Tanya can identify you.

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And Stephanie, what does he need?

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His name is Ronald Glenn.

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No, I said what does he need? Does he need to do something?

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If he could share his screen as well, he can pull up the plans

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and walk through those while he's providing his testimony. Thank you, Tonya.

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Good morning, Mr. Glenn. Please identify yourself for the record. First and last name. Spell your

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name please yes uh ronald glenn r-o-n-a-l-d

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Yes, Ronald Glenn, R-O-N-A-L-D-G-L-E-N-N.

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I'm with Ruggiero Plant Land Design, address 5900 Ridge Avenue, Philadelphia, PA.

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Please 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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Thank you. Please proceed.

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Ronald, just as an initial matter, have you heard my testimony that was offered this morning?

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Yes, I did.

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Do you believe it to be true and correct based on your knowledge of the project?

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I do.

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Would you adopt it as your own? Yes, I would.

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Are we going to see any exhibits? Yes.

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All right, so

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this exhibit, being the steep slope disturbance exhibit, I'll zoom in a little bit,

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shows the the limit of disturbance on the property and how basically demonstrating that

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the entirety of the property with exception to the area closest to the the the the right of way

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will consist of steep slopes greater than 25 percent um enlarge that a little bit please yes

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Yes, yes. Thank you. Thank you.

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So this is this is basically the entirety of the building.

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The crosshatch pattern on the property is 15 to 25% slope, and the dash hatched pattern is slopes exceeding 25%.

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um basically any development that will be proposed on this property will need to ultimately uh

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disturb slopes greater than 25 percent and seek relief um our my office believes that any single

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family home constructed on this property will result um in similar area of disturbance

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depending on the size of the building. We also don't believe that alternative designs

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such as raising the building or removing the garage will necessarily reduce the amount

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of disturbance area required to install a single-family structure. This is due to, you

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still need to install foundations and columns, utilities, drainage from the rear of the property

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which will all ultimately result in a similar disturbance area as what we propose right now.

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So unfortunately steep slopes disturbance

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will be necessary to install a single-family dwelling on this property and I don't think it's

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going to be avoided one way or another. And again, just to reiterate, I don't believe that the

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inclusion of the single car garage necessarily increases that amount of disturbance.

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Can I ask you, what is your plan for runoff?

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So runoff right now would be, it's not shown necessarily on this plan,

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but right now runoff um draining from here you can see this this would be the rear yard area

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runoff would drain towards this wall and there would be a drain provided here

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and that drain would be what type what type of drain hasn't been um specified yet but we can make

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it um it would be it's a trapped in some structure it could be um an 18 by 18 inch drain or two by

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for uh inlet if necessary if we determine that that's going to be required to uh

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intercept all the storm water that would be discharging to it you pipe in it to the city

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to the city outlet yeah yeah so that that drain would ultimately connect to um interior plumbing

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or the roof drains which would have to extend through the building and ultimately connect

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there if you could see this there it would ultimately connect to the sewer infrastructure

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within lyceum avenue has city approved this we have not uh i don't believe we've received pwd

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ur approval yet but that is something that will be required for building permits

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thank you of course ronald have we received our technical or i'm sorry our conceptual pwd approval

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Actually, this project, since it disturbs less than 5,000 square feet on a barrier and is not within the Derby project,

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on area and is not within the Darby Cobbs Creek watershed. It is not required to receive PWD

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personal approval. That being said, our plans that are given to the contractors always specify

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PWD compliant erosion control measures and that would not change in this case either.

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Thank you.

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hey um mr glenn if you can finish with your testimony yeah i i think i'm all finished up

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now can we please turn it over to zamir garcia who's the project architect for this project

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and can explain a little bit else about the layout of our design zamir if you can raise your hand

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and and tanya if you could allow him to share his screen as well that would be helpful

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Thank you.

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Good morning, Mr. Garcia. Please identify yourself with the record. Spell your first and last name.

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Yes, Zamir Garcia. First name is Z-A-M-I-R, last name Garcia. I'm with M-Architects, 4590 Main Street, Philadelphia, Pennsylvania.

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You're swearing 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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yes hi so this um i've got the the plans here so as ron was stating um we've looked at various

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different versions of the iterations of the plan here and we felt like this was the plan which

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achieved most of the outlying goals for the client and the request that we when we spoke to

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the RCO. The issue with the site as aside from the steep slope is that it narrows down to almost

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to right around 12 feet towards pretty far not far into the site so the site's not very deep

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so most of the building we've tried to keep the bulk of the building up towards Lyceum

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because once you get back further towards the bend of the site it becomes really narrow and

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kind of limits the use of the types of spaces you can have back there internally so what we've done

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is with the garage at the level at the bottom level we've included the utility space which is

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kind of central to the plan so that we can kind of control all that and not have to then go out

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further trying to get utilities out further into the site into the steep slope and so everything's

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kind of centralized there and goes up the building and splits off from there so we're trying to

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utilize that garage as well for consolidation of that on the on the second floor or primary

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living level there's a living room a powder room and a family room with a kitchen and then as you

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make your way up on the upper level there's a bedroom on the second floor two bedrooms and

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two bathrooms with the laundry room all centralized and and then up at the top

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level on the there is a the master bedroom with the master bath and a roof

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deck and then the roof level has just the rooftop units in section the

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building what we were primary goal was to again limit the disturbance so we've

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designed this building to be sort of a split level building so that the living

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space is split so we're building up with the terrain not building into it trying

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to minimize how much impact we have on that terrain and still maintain

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relatively from the street side a building that fits within the context of

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the neighboring buildings that you know appears more of a townhouse and fits the

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character of the neighborhood and and not trying to raise it up higher or make

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it look like it's floating above the train trying to kind of build within

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that and minimize the impact of it.

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are there any questions about the design or questions from the board no no i think

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No. No.

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I think we can summarize, if you would, Ms. Boggs.

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we can summarize if you would miss

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Sure. So, like I said, we have letters in our packet from Morrissey Architects and from Ronald Glenn

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that specifically address the comments that were raised by the RCO in their opposition letter.

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And as I said, we took that letter seriously.

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We've re-evaluated their comments and the plans since our last hearing.

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And that was the reason for the continuance that we'd have a chance to do that.

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And as stated today, and as stated in those letters, what we are proposing represents the least least disturbance of the steep slope areas possible to build a single family home on this lot.

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And the garage does not add to any excavation that's going to be required.

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And it's specifically proposed because on the context of this particular block of Lyceum Avenue, there are several houses that have front access garages, the house immediately adjacent to it.

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There are two homes up the street that have front access garages, and then four townhomes that share front access shared parking as well.

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And we have letters of support from many of those near neighbors in our packet supporting the project as designed.

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If there are any additional questions, please let us know.

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There were questions raised by the RCO about excavation and those practices,

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and i do have um jacob bash and gonfalso or mccall who are applicant representatives with

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significant experience in excavation work um and demolition work particularly where there are steep

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slopes involved so we can have them available if there are any questions about that okay thank you

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um again any questions from the board no no thank you anyone else who wishes would like

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to testify in this case if so please raise your hand

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no hands at this time thank you planning commission good morning david effecto city planning commission

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mr chairman and members of the board this block only has six curb cuts for the entire block and

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those curb cuts do not follow an established pattern well we have no objection to the proposed

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single-family home we do request that the board not grant the front-loaded parking in a neighborhood

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where parking is at a premium. Thank you. MI-2020-000131, 257 Lancome Avenue. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes. I'm sorry, Chair. Yes. If possible, could we make

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correction on the street name what's what okay what is it you said lycombe i think it's lyceum

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oh you're right i'm sorry lyceum l-y-c-e-u-m avenue thanks for the correction it's tongue twister

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it is yeah good luck thank you very much have a good day all right thanks tanya thank you

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Okay, next one up is MI 2020-00129829-79 East Shelton Avenue.

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i have no hands up on this one okay mi-2020-00129 excuse me um this is sharon saletta i just wanted

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to say that the attorney on this is brett feldman and i believe he did send in exhibits so if no

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no exhibits you said no we did receive exhibits if we could perhaps move it back one and i can

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find out if he's having technical difficulties all right so well confessor we'll move to the next

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case next one up it's mi 2020 dash hello brett hellman oh brett hellman okay yeah i'm here

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right you swear and affirm to tell the truth the whole truth for nothing but the truth

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i do do you agree to waive the reading of its refusal and stipulate to its accuracy

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uh yes yes also have you emailed an exhibit packet with the required documents proof of

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ownership proof of tax compliance copied the refusal or referral photos and plans five days

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prior to this hearing uh correct yeah also have you met with the rco and have a letter

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uh we do and it was uh submitted to the board um thank you please identify yourself for the

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record you may yes yes um sorry for any confusion there uh brett feldman 1835 market street philadelphia

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pennsylvania 19103 i represent the applicant uh mcdonald's uh in this application for uh two signs

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uh two signs uh accessory to an existing uh mcdonald's uh takeout restaurant with drive-through

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accessory to an existing McDonald's.

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capabilities um with me today also is uh and should be on the call is uh michael geitner

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uh project architect from bowler engineering who has uh testified in front of this board many times

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We also have the franchise operator as well.

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Sharon and Tanya, if I may share my screen.

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Mr. Feldman, if I can just interrupt you.

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I didn't realize this was a case in Bob McDonald's.

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Yes.

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I do some consulting work for them, so I'm going to recuse myself at this moment.

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Okay.

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Thank you.

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So the confessor will be up to you and Jim and Tom.

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All right. Thank you.

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Can the board now see my screen? Yes. Great, great. I'll get right to this.

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This is location 29 to 79 East Chelten Avenue. It's a long standing McDonald's location. And

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I guess over the last year, McDonald's and the franchise operator made a significant investment

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in the property. Let me just flip through. We have all the property information, the deed,

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tax cert, tax clearance, its own CMX 2.5. Here's the photographs, just real quick. It was a tired

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legacy mcdonald's location you know with the the signature roof and uh again as i said mcdonald's

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and the franchise operator made a significant investment completely modernized the outside

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the inside brought it up to all codes uh and we were trying to finish off the project and um

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upgrade the the you know the the drive-through the existing drive-through signs here

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and I'll show you this is the way it looks actually right now so right now there's there's

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two of these we call them pre-browse menu boards you know those are the ones that have that you

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know some of the menu items and then you actually get up to the speaker and you order so the

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proposal was to there's two pre-browse one of the menu board the application is is to go from two

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menu boards down to one. So we're reducing the number of menu boards from two to, the number

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of pre-brows from two to one. And then the existing menu board, we're actually making it smaller. We're

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going from existing 43 feet square feet to 20 square feet. For some reason, and I think we're

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still trying to figure this out, when Al and I interpreted the sign, the menu boards, you know,

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these are usually considered internally illuminated, as I understand it. They designated these as

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animated signs, which I haven't seen before. And in CMX 2.5, you can't have an animated sign.

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