civus
Hearing video

ZBA Hearing - February 7, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 7, 20245h 5m

They were for full disclosure. There was one document that I just sent this morning because the city tax system had not updated a payment to reflect.

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But that was I kept checking it since five days ago and it finally reflected today.

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Okay, please proceed.

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Thank you very much.

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So, as discussed, let me just share my screen here.

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Is everybody able to see that?

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We can.

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Great.

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So, as stated, we are here on 1001 Walk-In Street, located in the East Pass Yonk section of the city.

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Originally, the refusal issued in October of 2023 was for three-dimensional variance requests, one being maximum occupied area where the required is 75 and we were proposing 84, a minimum rear yard depth of nine feet is required.

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We were proposing a seven-foot yard and a maximum height at the time.

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We were proposing 42 feet, nine and one quarter inches, excuse me, and the maximum allowed at the time is 38 feet.

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We, after two, and I'll get into it in a little bit, but after two meetings with the coordinating RCO where we discussed the height,

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we have decided to amend our plans and submitted this proviso and are no longer seeking the

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variance for the height requirement so the property is plans have been reduced to a three

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story property and now fall within the purview and within the requirements of the code

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here's such proviso application and then the plans itself

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So, we are seeking to build a single family home on the lot currently, and I'll jump to

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that in a little bit, but currently on the site is this garage here, the garage.

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this garage here the garage is by way of a little bit of background the property was previously

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owned by Lillian Itomo a longtime resident of the neighborhood and actually the owner of the

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adjacent parcel the Antonio is her son who's the member of the LLC that has bought it so it's being

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redeveloped however it's being redeveloped you know with someone who's part of the neighborhood

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actually grew up in the neighborhood so back to the plans and the reason we're seeking these

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variances and you'll see from the plans in a moment is this property is abutted by two

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alleyways by two easement alleyways one along the side here and one in the back the deed of

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the property actually extends about halfway into that alleyway and hence the necessity for

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the rear yard variance it's basically we can't build a nine foot rear yard because we would be

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going into the alleyway there in the back and the maximum open space requirement too is a

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hardship for us to meet as a result of the alleyway that is here between the two buildings

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if you can see we also have the architect on the line so we'd be happy to answer any

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dimensional or specific questions about the plans but I'll quickly take you through the rest of our

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exhibits and then would be happy to answer any questions when we did speak

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we actually had two meetings here's the deed to the property so currently it is

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this as I said the garage here and then you can see the fence right now for the

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for the alleyway that runs along the side of the property this is looking in

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both directions down Walken Street. Here's our application for appeal, our project information

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board form. We met with the RCO twice, once on December 11th and then again December 16th.

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Most of the discussion with the RCO was centered around the height as that would have the most

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impact on neighbors. So originally, we proposed 42 feet, nine and one quarter inches. Then after

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our first meeting, we had some internal discussions and amended the plans to still try to include a

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fourth floor. However, we did reduce the height of the ceilings and some of the lower floors to try

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to lower that the total structure height. That was also not something that the community wanted

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to support. So after we received their their opposition to it, we, you know, went back and

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decided that given that that was the main issue for the RCO, we would amend our plans

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and negate that height variance requirement. Here's our certificates of mailing for both

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meetings. Hence, there being so many of them. Here's the letter. And as you'll see from

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letter most of what was discussed is again the the height issue as that is the thing that most

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impacts the neighbors so and also you know it the discussion was whether or not that was in

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conformity with the remainder of the block here's our zoning posters at the property

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And then lastly, this was submitted as part of the original exhibit, the payment of the final outstanding balance for taxes.

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And then this was just amended and added today to the exhibit packet and sent to Ms. Emerson and RCO's EVA.

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At this time, if I can bring Antonio on the line to just adopt.

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Mr. Sokoloff, can I ask before you do that?

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Sure. Did the neighborhood change their position?

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They didn't. We didn't have time to have another meeting.

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The previous meeting was January 16th. Right.

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So they did not change their position. But as you can see from from their letter, if you have it in front of you, as I stated, the majority of the issue was the height.

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Right. OK, bring your client on.

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Thank you, Mr. Tomo. Would you raise your hand, please?

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Mr. DiTomo has been unmuted and allowed to speak

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sir could you state your name and spell please for the court stenographer

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hi Antonio DiTomo a-n-t-o-n-i-o d-i-t-o-m-o right do you swear or affirm to tell the truth

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the whole truth nothing but the truth I do please proceed counsel thank you

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Mr. DeTomo, you've been on the line for my testimony here today?

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Yes.

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yes and would you adopt my testimony as your own yes is there anything you'd like to add for the

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And would you adopt my testimony as your own?

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Yes.

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board to consider uh no what questions from the board no chair

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no mr chair questions or comments from our attorney hillary ems

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not at this time mr chair questions or comments from the virtual audience

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Y'all see no hands, Chair.

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Planning Commission.

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Good afternoon, Chair.

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Peter Bernard for the Planning Commission.

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The comprehensive plan recommends no change to the existing RSA 5 single-family residential at this location.

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We feel the limited dimensions of the property represent a hardship,

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and the proposed variance is the minimum necessary.

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Accordingly, the Planning Commission recommends the Board grant the variance.

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Thank you.

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M-I-2023-006-256-1001-Walkin Street, I vote yes with proviso.

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Revised plans, one page, stamped by ZBA, February 7th, 2024.

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James Snell, my vote is yes with proviso.

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LeBaron Leonard Palmer, my vote is yes with proviso.

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Thank you. You have your vote, sir.

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Thank you very much, Ward.

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Number eight, MI 2023-006-301-1635 South 17th Street.

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Ronald Patterson is the attorney.

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Letter of support from the East Point Breeze neighbors.

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Sarah, Ronald Patterson is coming back as a panelist now.

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Okay.

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Hi, Mr. Patterson. Could you state your name, please, and spell for the court stenographer?

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Good afternoon, Mr. Chairman. Ronald Patterson, P-A-T-T-E-R-S-O-N. I'm with Claire Harrison, Harvey, and Bransburg in Philadelphia.

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

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Yes, I do.

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Could you identify or client a relationship to the property?

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yes i represent a j m f and company llc principal is justin fiordamundo f-i-o-r-d-i-m-o-n-d-o

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it's also my son-in-law okay all right do you leave that disclosure oh thank you do you waive

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the reading of the refusal and agree with its accuracy yes i do and all your exhibits were

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sent in within five days prior.

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Yes, they were, Mr. Chairman.

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Okay, please share your screen

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and begin your presentation.

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You can see my share?

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We can, sir.

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Yep.

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All right, great.

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So this property is mid-block.

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It's located in RSA 5

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Residential Zoning District.

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A couple of years ago,

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it was listed as a duplex for sale.

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It also had a trash license

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for picking up two units.

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Justin purchased it in May 2023. It existed as a duplex, and both units were occupied at the time, and as a matter of fact, still are.

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So he performed some minor renovations to upgrade it with the tenants there, and as you'll see in these photographs, this is the door entrance.

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The hallway then splits upstairs. It's a two-story building, one to the right. Had existing, you know, separated utilities, electric, gas, water. Pictures of the interior. There's a modified interior there.

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And so, you know, knowing the city and he does have other rental properties, wanted to do the right thing, and he applied for the rental license.

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He was denied because there was no zoning permit for a single-family dwelling, which brings us to today.

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So we're seeking to legalize this duplex use based upon the conditions that has a common entrance hall, separate entrances, separate utilities.

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So there is definitely a hardship that exists that convert this back to a single-family residence.

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But yet, in all the years and operating as a duplex, it has caused nor created any adverse impacts and is not any greater than would be if it were a single-family residence.

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I would note that this is 1635.

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I think 1639 is also a duplex.

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We did meet and present to the Point Breeze, East Point Breeze Neighbors, Civic Association.

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Get their letter here.

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Yep.

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Yep. Okay. Okay. We took a vote and, you know, talked through this and I guess they actually made some nice comments here at the end, which we, which we appreciate.

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Okay.

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Okay.

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Who took a vote?

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So, with that said, if we could promote Justin, some, a few questions.

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Justin Fierre DeMondo has been unmuted and allowed to speak.

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Sir, could you state your name, please, and spell for the court's synopsis.

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Unmute.

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Justin, could you unmute?

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Mr. Fiori DeMondo, can you please unmute yourself?

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Well, Mr. Chairman, Mr. Patterson, you're an officer of the court.

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We're glad we take your testimony.

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Thank you, Mr. Chairman.

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And we discussed this, and Mr. Fiordamundo stated that he would adopt my testimony no

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differently as if it were his own.

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Questions from the board?

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No questions, Chair.

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No questions, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Hi, Planning Commission.

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good afternoon chair peter bernard for the planning commission the comprehensive plan

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recommends no change for the existing rsa 5 single-family zoning at this location

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we feel the applicant has demonstrated sufficient hardship accordingly the planning commission

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recommends the board grant the variance mi 2023 006 301 1635 south tevin t street i vote yes

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James Snell, my vote is yes

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LeVar and Leonard Palmer, my vote is yes

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Thank you

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Mr. Patterson, we have your second case here

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Beautiful, thank you

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MI 2023-006-335-220-224

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South Broad Street

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letter of non-opposition

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from the Center City Residence Association.

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Mr. Patterson, you've already been sworn.

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Could you just state your name, please?

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Sure.

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Ronald Patterson, P-A-T-T-E-R-S-O-N,

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Claire Harrison Law Firm.

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Mr. Patterson, could you identify your client,

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their relationship to this property?

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Yes, I can. One second.

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So, I represent 220 South Rossery Property Owner LLC, which is a company that's owned by

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the Lubert Adler Group. And with me today is Vice Chairman Leonard Clare, if you could

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promote him when you have a chance. I will go through my exhibits here.

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

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Yes, I do.

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And all of your documents were submitted five days prior?

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Correct. Yes, they were.

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Okay. Please start your presentation.

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Thank you. As identified, the property regards 220 South Far Street, which is the garage that supports the Bellevue Hotel office and apartments.

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And atop of this garage on floors seven through, I guess, 11 or some mezzanine levels in there is the Sporting Club.

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And the Sporting Club had closed when COVID had hit.

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And it was an opportunity at the time that both the Bellevue and the Sporting Club were purchased.

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And the opportunity allowed for a complete renovation of the Sporting Club.

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which here's a view across the street that we all know, you know, the area.

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And so during the renovations, this will, I'll show you here.

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Sorry, trying to different magnifications here.

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We're here to talk about a deck.

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There's an existing deck on top of the roof here at the seventh level, and you'll see it's surrounded by the Bellevue and an office building.

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at the seventh level. And you'll see it's surrounded by the Bellevue and an office building.

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And on this deck, what we're proposing to do is you have it utilized for

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the patrons of the sporting club. Here's a view that would lead out onto the deck.

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It already has a parapet wall there. It's high enough in elevation that it would impact

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no one the buildings to the right here the Bellevue again is owned by the same owner

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building to the left is an office building there we know the residents that would be impacted

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by this and so we believe based on that that there will be no adverse impacts on anyone public health

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safety welfare traffic or any greater than what would currently exist because no one's impacted

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by that. Again, it's for the use of the Sporting Club members, you know, and Mr. Clare, we'll get

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into further what the purpose of the deck is. We did meet, as you mentioned, with CCRA, and they

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