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Hearing video

ZBA Hearing - October 13, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20205h 3m

I'm promoting him now.

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Okay, thank you.

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Good afternoon, Mr. Chair, members of the board.

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Good afternoon, Mr. Klein. Please identify yourself with a record.

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Good afternoon, Mr. Klein.

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Please identify yourself with a record.

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Absolutely. Jared Klein. It's K-L-E-I-N from Blank, Rome, 130 North 18th Street, Philadelphia, 19103.

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Absolutely.

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Jared.

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

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I do.

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Okay. Mr. Snow?

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Jared, have you emailed an exhibit packet with the required documents, which are the proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans within five days in

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advance of this hearing? Yes, I have. Also, have you met with the RCO and have you happen to have

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a letter from them? We have met with the RCO. We did not have a letter, but I understand that

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Craig Melodosian from the RCO is on the line and will give his opinion at the end of my presentation.

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Okay, may proceed.

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Thank you.

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Is my screen sharing successfully?

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Yes.

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Good, okay.

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So this is for 6100 Woodland Avenue, fairly straightforward application.

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This is the site here.

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It is the existing site of a multi-use shopping center that is directly at the corner of 61st and Woodland.

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This is 61st Street here.

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61st Street runs right into the shopping center that we're talking about.

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The application before the board is to install an ATM machine at this location.

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The ATM machine would go in the existing parking lot in an area of the parking lot that is generally depicted here.

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And I have a site plan later that will more specifically show that the refusal that we received was due to the existing parking spaces at the shopping center.

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As you can see from the refusal, 344 spaces are required to add the use.

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The current shopping center has 289 spaces, which we think is an abundance of parking, both to serve the shopping center's needs and the minimal needs of the ATM.

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But the zoning code being what it is, we were issued a refusal on that basis.

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The ATM to be installed, this is an overview of the site.

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The actual ATM itself will be installed here.

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This is against the Woodland Avenue street frontage,

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and it will be a kiosk style ATM.

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It is not inside a structure.

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It's designed to be a walk-up ATM

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that's gonna be branded by Bank of America.

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You can see here, this is the style of the ATM

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that will be installed, two ATM machines

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and with an overhang to protect against weather

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And within this overhang here will also be LED lights and security cameras.

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The bank monitors the security cameras 24 hours a day.

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At the RCO meeting, we did let them know we would be happy to register our security camera systems with the Philadelphia police,

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given this is an area of the city that has some specific concerns about crime that would be

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associated with the installation of an ATM. This is another rendering of what it would look like

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and to give the board a sense of what an installed ATM would look like. This is an example of one

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that was installed at a different location, but very similar in construction and style to what's

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being proposed here. We did, as I mentioned, meet with the relevant RCOs over Zoom. That meeting

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was last night. The conversation with those RCOs was a positive conversation, and I believe that

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Mr. Melodosian will convey their non-opposition. The RCOs did ask that Bank of America agreed to

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as much as possible work with the local RCOs on some financial literacy and small business

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development and other items of interest to the to the community and we've we've told the RCOs

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that we will make some introductions with Bank of America and facilitate that conversation as

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much as we can. We do have Paul Much who is our site engineer on the line should the board have

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any questions and I will ask Andrea Militello to raise her hand so she can be unmuted and

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briefly testify. Andrea, if you're there and can use the virtual raise your hand button,

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that would be great. Can anyone hear me? Yes, ma'am. Good afternoon. Please identify yourself,

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spell your first and last name and your address. Andrea Molotillo, A-N-D-R-E-A-M-I-L.

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Andrea Militello, A-N-D-R-E-A, M-I-L-I-T-E-L-L-O, 1200 America Boulevard, Pennington, New Jersey.

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Are you trying to tell the truth, the whole truth and nothing but the truth?

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I do.

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Thank you, Mr. Klein.

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Andrea, did you have a chance to hear my presentation this afternoon?

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Yes, I did.

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And do you adopt my statements as true, correct, and your own?

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Yes, I do.

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Thank you very much.

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um mr chair with that as i said we do have the engineer on the line if the board has any questions

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but that would conclude my presentation questions from the board no no anyone who would uh like to

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participate in this uh hearing please uh raise your hand i think mr maladosian i think you said

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yes he he informed me that he would be attending

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good afternoon wanted to one clear one piece for the record the actual

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oh you have to wait excuse me just identify yourself spell your first and last name and

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your address please craig c-r-a-i-g last name melidosian m-e-l-i-d-o-s-i-a-n ward 40 republicans

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coordinating rco p.o box three three three five five philadelphia one nine one four two thank

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you craig and you swear in the firm to tell the truth the whole truth and nothing about the truth

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i do all right please proceed

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our original community meeting was held on tuesday 10 7 2020 via zoom

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three of the five affected RCOs participated. We've continued to negotiate. Two of the RCOs

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are in support of the applicant. A third RCO was not in support of the applicant because that RCO

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sought to dictate terms of the ATM provider's costs to users of the machine. We felt that to

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be outside the purview of, uh, of what we can do via zoning. Uh, we were hoping to get a

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unanimous position as a five up two, but we're unable to do so. Uh, Mr. Klein did indicate that

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we are moving towards a memorandum of understanding with a, uh, a gatekeeper at the bank to deal with

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issues of financial literacy affecting our housing counseling program out of southwest cdc

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also to work with our businesses on the commercial corridor in in southwest as well as other

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businesses that are not part of that we also had a concern of and we're asking for help the bank

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has a strong relationship with women against abuse we do have a problem with that in in southwest

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where we see women bringing their children to daycare

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who clearly are showing signs of physical assault.

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And we'd like to see if we can extend that

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Women Against Abuse programming

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into a location such as Southwest CDC.

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We're not sure at this point

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if the bank has any relationship with food providers

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such as Phil Abundance,

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but that the lower Southwest Planning District

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still has a significant need for food there.

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So again, our issues are outside the purview of what would be a proviso.

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They're in, I'll call them the realm of community benefits agreement.

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Jared has done as much as we can.

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We understand council's limitation in this matter, but there's an agreement that they

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will find a gatekeeper at the bank and also that we'll start a relationship with the branch

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that's in University City, since we feel that we'll have a strong relationship with

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community uh banking uh requirements for such an organization so at this point uh two of the

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three rcos do support this uh two other rcos do not participate in the process thank you craig

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good to hear from you is there anyone else who would like to testify in this case if so please

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raise your hand no other hands thank you planning commission good afternoon board this property is

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indicated for industrial just you have to identify yourself every time bernard for the planning

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commission this property is indicated for the for industrial commercial mixed use and a

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comprehensive plan we feel the proposed use will not have a significant impact on the surrounding

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community accordingly we have no objection to the granting of the variance thank you

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MI-2020-000095, 6100 Woodland Avenue.

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6100 Woodland Avenue.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thanks very much.

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Have a great afternoon.

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Likewise.

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Thank you.

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Jim, you're muted.

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jim might be having technical problems everyone can hear me

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yes chair thank you mi-2020-000124 102 west gerard avenue

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David Orphanides, I believe, is the attorney.

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Okay.

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Hey, David, good afternoon.

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Noon, please identify yourself, spell your name for the record, please.

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Certainly.

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My name is David Orphanides, O-R-P-H-A-N-I-D-E-S, the law firm of Orphanides & Toner, LLP,

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2 Penn Center, 1500 John F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.

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You swear in a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please, I'm going to begin by asking you, have you emailed an exhibit packet with the required documents, including proof of ownership, proof of tax clearance, a copy of the refusal or referral, and photos and plans or plans of the property five days in advance of the hearing?

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Yes.

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And have you met with the RCO and have a letter?

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Yes, we do.

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Thank you.

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Please proceed. Thank you.

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And I've shared my screen. Can you see that?

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Yes. Okay, let me just enlarge that a little bit. Also, with me today are...

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Could you enlarge that a little bit, please?

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Yeah. How's that?

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That's good. Thank you.

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So, I'm here today representing S&B Restaurant Group 1, LLC, which are the tenants and sole occupants of the property at 102 West Girard Avenue.

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It's property located on the southwest corner of Girard and North Front Street in the shadow of just about under the L, right there at the front in Girard.

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I have with me today Brendan Olkus, who is the owner, the proprietor of the establishment, the Saint.

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If you could raise his hand in case we need him to testify or adopt my statements.

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And also Justin Myers is the architect who prepared the plans that were presented to the coordinating RCO, which was Northern Liberty's Neighborhood Association, Neighbors Association, and which plan is included with our exhibit book and was attached to their position letter.

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So if Justin could raise his hand and if he could also be recognized, maybe leave both Brendan and Justin to leave your mics on mute for now until I call on you or the board calls on you, that would be helpful.

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Tanya, do you see them?

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Chair.

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Chair, could we hold on one second?

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Sure, sure.

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Thank you.

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Thank you.

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hi chair I'm just trying to get Jim back to ensure we have a quorum yeah I was

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thinking that is he on no not yet I'm gonna try to contact him and see yeah

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long as he can hear us that'll be helpful

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That will be helpful.

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Okay.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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If we could give it two to three more minutes.

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He's working on getting back.

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He's having technical problems.

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If it doesn't work with the device, he's going to call in.

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Thank you.

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Thank you.

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Thank you.

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chair yes we can also as an option have mr snell if he's unable to get back in at the moment

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reviewed the recording of this hearing and he can certify he read and vote at a later time

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but it's also your call yeah i mean if if all else fails i'd say yes but

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uh if we can get him by phone it would save that right we can yes he's gonna he's trying both

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if we can get him by phone it would save that right we can

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let's work on the phone if not then we'll have to do what you suggested

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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chair yes we have mr. Snell available on via telephone so you can continue as you

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wish very good thank you all right Jim we didn't know we were just getting the

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introduction so you didn't miss anything mr. Orfanides please proceed for

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Sure. Again, I am here representing, for Mr. Snell's Benefit, S&B Restaurant Group 1, LLC, which is the tenant of the building, a three-story building located at the southwest corner of North Front and West Girard Avenue. The establishment is known as The Saint.

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Some housekeeping matters at Exhibit 1 of our exhibit book are the postings of the hearing notice for today's hearing along with our notice of refusal and notice of referral dated January 23rd, 2020.

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These first photographs that I'm scrolling through right now are from the West Ward Avenue frontage.

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You can see the date of today's proceeding reflected.

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right here, and then the north front frontage, again, with today's, the date and time of today's proceeding.

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Our tax clearances are included at tab two, effective still through, secured today, so effective through today into November.

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Our tax clearances are included at tab 2.

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Tab three, deed showing JJG Enterprises, Inc. as the owner of the property.

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