civus
Hearing video

ZBA Hearing - September 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20205h 55m

sidewalk because people are parked double wide.

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Um, there's also been multiple accidents on the block.

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My car has been hit by a stolen car.

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my roommate's car has been hit by a stolen car um you know there's issues about once a week in

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terms of an accident at that location and you know and many many other instances there's large

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tractor trailers parked in front of this lot or you know there's also a construction firm nearby

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that leaves a large truck just on on the block as well so parking is an issue and that's that's

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in its current state with most of those addresses next next to this lot being uninhabited so I'm

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thinking when 18 residents or however many residents move in that without parking the

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entire block would probably probably have double wide parking on sidewalk and you know much more

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issues with with accidents and uh you know pedestrian walkways so i i am in supportive

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parking thank you anyone else that's all chair you can proceed okay uh we'll vote this next

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week in the meantime planning commission good morning mr chairman and members of the board

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David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.

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We're in a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir, I do. Thank you.

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Please proceed.

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Mr. Chairman and members of the board, this property is indicated for multifamily residential use on the City's comprehensive plan.

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There have been several proposals for this property over the last few years.

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This is less dense than some of those other proposals.

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although we are concerned about the curb cut on north 33rd street we do not believe that the

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addition of 17 units and 13 off street parking spaces will have an adverse impact on the block

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accordingly we have no objection to granting this variance thank you uh carol again i i'm

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what is the number of this uh calendar what's the calendar number on this this is calendar number

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37967 the address again 1501 north 33rd street

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thank you calendar number 37967 1501 north 33rd uh decision will be made on um next

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wednesday which is what's the date of next wednesday october the seventh chair thank you

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thank you tanya october 7th at the executive session uh zoning board executive session on

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october the 7th so chair if i yeah if i could request that this um this here is um considered

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closed yes yeah the record is closed thank you and just for clarification that's at 9 30. yeah

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yeah thank you because we meet or we we meet before 9 30 executive session we make our votes

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then and then we'll public make the public vote at the 9 30 session okay thank you thank you

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uh miss jones i'm sorry before i i mean to cut you off do you have anything else you want to add

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miss jones

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miss jones you're going to mute yourself

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i apologize i should have asked you before i asked the planning commission

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that's okay um based on uh everything that's happened i think uh i don't have anything else

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to add. Okay. Thank you. Okay. Carol, please call them. Ready? Okay. Calendar number ZP2020-003-088-1901

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Christian Street. The attorney is Daniel Reisman or Reisman.

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Mr. Reisman, you've been promoted to panelists.

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You can unmute yourself to speak and share your screen for your exhibits as you wish.

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Okay, thank you.

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Can everyone hear me?

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Yes.

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

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Sure. It's Daniel Reisman, R-E-I-S-M-A-N, Eckert Siemens, 2 Liberty Place, 22nd floor.

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Eckert Siemens, 2 Liberty Place, 22nd floor, 50 South 16th Street, Philadelphia, PA, 19102.

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

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Yes, I do.

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

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So the refusal was amended by L&I on Friday.

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there was a corrected refusal that was issued I sent that to Sharon Saleta so

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we stipulate to the corrected refusal that was issued on Friday along with us

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a new site plan that it's the same site plan except it it changes calculations

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based on the new refusal okay so have you mailed an exhibit packet with the

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required documents proof of ownership proof of tax compliance a copy of the

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refusal or referral photos plans of the property five days in advance of this hearing and have you

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also met with the rco and have a letter yes thank you you may proceed okay um i'm sharing the screen

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can you can you see that no okay let's try again it eventually works yeah how about that uh mr

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right yes does that work yeah yes okay good okay um so i've handed in exhibits or sent in exhibits

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there are 10 exhibits in total they include photos google maps renderings and floor plans

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exhibit four is a letter in support from sasna south of south street neighbors association

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As I mentioned, they're not part of the exhibits, but I also sent to Ms. Saleta the revised

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corrected refusal and a revised site plan.

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Also joining this call is the principal of my client, Dr. Amy James, who is an orthodontist,

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as well as Lance Hill, who is our architect.

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Dr. James has had a practice in Haddonfield, New Jersey, an orthodontist practice for 21 years.

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She's been leasing space for a few years in Philadelphia on 22nd and Arch, and under this

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project at 1901 Christian, she would be opening up her permanent practice at 1901 Christian Street.

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now what I've done just so the board knows I pulled out of the exhibits that

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I sent just the the ones that I think I'm going to use so I'm looking at sort

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of an abbreviated package of the exhibits I can certainly move to the full

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packet I have those available too if anybody wants to look at those at

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anything I'm not talking about I have a zoning map and here is the property

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right at 19th Street, and then this is Christian Street, you'll see that the property is CMX1.

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Here's the property. This is 19th Street. Here's Christian Street, and this is the property right

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here. My client's proposal, currently there is an existing residential unit on the third floor,

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and there's an existing residential unit on the second floor. Those would remain the same,

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So this application does not involve these two floors.

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The first floor, which you see right here, my client would put in an orthodontist practice.

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And it's going to be a community-based practice that she intends to serve the immediate neighborhood

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with.

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Now we'll look at a few more photos.

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and the practice by the way the orthodontist practice is permitted as of

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right now we're going to look at some photos moving north on 19th Street and

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this is what I'll talk about now is right over here and here you'll see

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there's a about a nine-foot backyard and now it's looking at it from the side my

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My client's proposal, and the reason we have a variance, is that basically you'll see there's

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this brick wall that surrounds the backyard.

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The proposal is effectively to close this in, put in a one-story addition, and that will

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be used in connection with the orthodontist practice.

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Here's another photo.

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now you'll see there's a three-foot alleyway that runs behind the rear yards

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This alleyway will be preserved, so there will still be the access in and out,

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this alleyway will be preserved so there will still be the access in and out

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and the addition will be right here.

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How do we handle a trash situation now that you'll be removing the yard?

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Commercial pickup?

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yes my client's going to have commercial pickup that's correct

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here's the um a rendering so you'll see when the work is complete it's going to be a very

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nice building a lot of investment there's going to be windows put on the first floors

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that's going to activate the building with the streets. Here's another view

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from 19th Street, and you'll see here is the addition.

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and then just briefly we'll take a quick look at the floor plan

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okay so here's the floor plan

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it's pretty straightforward i mean we're talking a small space the

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The existing space in the building is about 1,000 square feet.

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The addition is 9 feet 7 inches in length.

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It's about a total of 160 square feet, the addition.

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And you'll see in the back portion the addition here.

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This is where the addition will be.

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And it's really, it's basically for my client staff.

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You know, there's not going to be any room in the rest of the portion of the first floor.

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So it's going to be used for staff, for client work, billing.

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They need a separate room for HIPAA compliance.

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So that's the first floor there.

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So I don't know whether anyone else is here to speak from the community.

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I can have my client.

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If there's not, I'll just summarize.

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I guess if there is, I can have my client speak a little more.

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You can summarize, and then we'll ask you if you want to get your client on to adopt your testimony.

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That's fine.

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Okay.

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So really the long and the short of it is the practice is permitted as of right.

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It's an orthodontist practice.

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Although it's permitted as of right, the space really just isn't big enough as it's currently

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configured to feasibly operate in orthodontist practice.

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So we're talking a very small addition in the rear that would make it feasible.

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It's a low intent.

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So I think we satisfy the hardship standards.

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It's a low intensity use.

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My client expects maybe three to four patients an hour.

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so it's going to be a much less intensive use than other potential commercial uses at the property

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that are permitted in CX-1. And with that, yes, I would like to just have my client adopt my

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testimony. Tanya, her name is Amy James. Miss James, you can unmute yourself and wait to be

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sworn in. Thank you. My name is Amy James, A-M-Y-J-A-M-E-S. Are you confirmed to tell the truth,

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the whole truth, and nothing but the truth? I do. Thank you. Please proceed. Ms. James, did you hear

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my testimony, my statements? I did. And are they true and correct, to the best of your knowledge?

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Yes, they are. And do you adopt those statements and that testimony as your own? I do. Thank you.

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thank you any questions from the board no is there anyone else who wishes to testify in this case if

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so please raise your hand here i have mr kumba mr kumba yeah you're gonna meet yourself and wait

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to be sworn in i can't can you hear me yes please spell your first and last name for the stenographer

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Madeline, M-A-D-E-L-I-N-E, Shikomba, S-H-I-K-O-M-B-A.

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And your address?

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Novak's address is 2234 Montrose Street.

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We're in a firm to tell the truth, the whole truth, and nothing but the truth.

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Yes.

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Thank you.

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Please proceed.

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I have a gentleman that they were going to have some trash.

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when i attended uh when i was attending at the meeting i mean i

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When I attended, when I was attending at the meeting, I asked about trash.

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She said there wasn't going to be any.

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Now she said there's going to be trash.

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And I'd like to know where is the trash going to be since the end of the building is being taken up by an addition.

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So where did it happen?

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Where are they going to place the trash?

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There will be a daily commercial trash pickup.

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Oh, she said daily.

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Okay.

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but yeah okay well that's my question first of all the question is that and she said there's

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going to be a doctor's office just taking up the rear but you still have to have a place to put

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the trash even if it's going to be a daily pickup don't you well it gets put out at a certain time

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every night or every morning for the commercial pickup i mean i'm looking out my front window and

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i just saw a trash truck pick up the trash from the restaurant across the street

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they do it every day okay my problem is that this is and we have there's no

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parking for her or staff and does she I see a problem because she's gonna have

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staff there and with the parking and um we have already had a parking problem as it is

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so how does he spend it to uh account for this here lack of parking i don't know i don't know

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if there's permit parking in that neighborhood that's going to be an issue for staff to figure

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out where they're going to be parking any commercial any commercial use of that building

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on the first floor will generate vehicular traffic not nothing we can do there's no way

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getting around that even if it was residential they'd have the same issue anything else anyone

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else wish to testify no chair that's all okay planning commission good morning david fecto

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city planning commission mr chairman and members of the board this property is indicated for

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commercial and mixed residential use on the city's comprehensive plan although we do not object to

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the proposed use we believe that extinguishing all of the open space on the lot will have a

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negative impact on the block accordingly we ask the request variances not be granted

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thank you calendar number zp 2020 that's zero zero three zero eight eight 1901 christian street my

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vote is yes with proviso daily trash pickup yes commercial commercial pickup yes with proviso

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yes with proviso mr chair can i still be heard yes yeah just a reminder i submitted the um

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i submitted the proviso letter to sharon saletta with the um the revised plan and so um okay i'm

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sorry is this number five on our list carol yes it is okay i'm sorry all right back on the record

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uh the revised plan is dated september 25th okay i got it zp-2020-003088 1901 christian street

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my vote is yes with the revisor daily commercial trash pickup revised plan one page adopted today

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approved today yes with proviso yes with proviso yes with proviso

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thank you calendar number 39130

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2450 north 29th street the attorney is sean ward

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Mr. Ward you've been promoted to panelists you can unmute yourself and wait to be sworn in

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Mr. Ward can you put your name and address on the record please

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Good morning, Board.

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Sean Ward, S-H-A-W-N-W-A-R-D, Counsel for the Applicant.

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My address is 331 East Street Road, Trevos, T-R-E-V-O-S-E, P-A-19053.

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

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I certainly do, and I would waive and stipulate to the refusal.

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Thank you.

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And also, have you mailed an exhibit packet with proof of ownership, tax compliance, refusal referral,

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photos and or plans of the property five days in advance of this hearing?

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And also, have you met with the RCO and do you have a letter?

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if you've met with the RCO, have you met with the RCO, and do you have a letter?

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