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Hearing video

ZBA Hearing - October 18, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 18, 20236h 22m

And that's where I generated that monthly income,

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which shows the monthly cashflow there of 2,800.

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That's all I have, Jen, for that.

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Great, thank you.

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I just wanted to add to the, that I forgot to mention before, in terms of regulations, my client would be providing contact information to the local RCO, as well as counsel if there was any issues to get a hold of him for guests.

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And with that, Dylan, I just want, I need you to adopt my testimony.

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So did you hear my testimony here today?

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And do you believe it to be truthful and accurate?

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Yes, I do.

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And would you adopt it as your own?

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yes i do great thank you questions from the board no mr chairman no chair no chair

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questions or comments from our attorney hillary emerson not at this time mr care questions or

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comments from the virtual audience yes chair i have megan riley with the hand up i will allow

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her to speak i could you state your name please and spell for the court stenographer

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Hi, my name is Megan Reilly, M-E-G-A-N-R-E-I-L-L-Y.

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Sorry.

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All right.

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

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Yes.

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Please proceed.

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So I am the property owner of 107 West Oxford Street, so the property directly next to this building.

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I am proud and fortunate to have just bought this neighborhood.

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and I've been renting for the past two and a half years in the adjacent area based on the zoning I

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bought the house with the understanding that this is a residential area not that I could potentially

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be living next to a makeshift hotel. I don't think it's fair to compare Front Street which is

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commercial to the side streets off of Front which this house is on and further apartment companies

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often ban short-term rental use so I don't believe that the apartments adjacent to the area could

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be actually used for short-term rentals. I also have concerns similar to the neighborhood

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organization about increases in litter, increases in noise disturbances. Many short-term rentals

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in the city have been used to host frequent large loud house parties. And especially considering

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that we share an alleyway that opens up to both of our backyards, I have concerns about property

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damage as well as personal safety due to the short-term rental. Thank you for taking the time.

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I have a few questions for Ms. Riley. Sure. Were you aware that the building across the street

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was zoned so that it would be allowed Airbnb use was allowed by right when you purchased the

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property? Yes, I'm aware that the two buildings are apartment buildings. I'm just saying based

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off of my experience with apartment management companies, they often put it in the lease that

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they are not allowed to use Airbnbs. Okay, so that would be for individual tenants, not for the owner

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of the property, correct? That's good. Yes, that's all right. Thank you. Thank you for your input.

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Is there anyone else in the virtual audience? No hands, Chair. Planning Commission. Thank you,

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Thank you, Chair Bergman and members of the board. Good morning, David Vecto with the City Planning Commission. The comprehensive plan recommends no change to the residential multifamily zoning at this location. The appellant has presented an argument related to local economic conditions. However, for a use variance, the appellant must show a unique physical condition or circumstance, which we've not heard. The City Planning Commission recommends the board deny the proposed use variance for visitor accommodations.

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questions thank you MI 2023 001 872 105 West Oxford Street I vote no Thomas Holloman my vote is no

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James Snell my vote is no thank you counsel thank you okay number three MI 2023

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Thank you, counsel. Thank you. Okay. Number three, MI 2023 001 838 1700 to 32 North Front Street. Adam Laver is the attorney. There's a letter of support from the South Kensington Community Partners, a letter of support from Fishtown Kensington Area Improvement District, and a letter of non-opposition from Council Member Lozada.

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adam laver has been promoted good morning mr laver could you state your name please and spell

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for the court stenography good morning chairman bergman and members of the board adam laver

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l-a-v-e-r of blank rome one logan square you swear for him to tell the truth the whole truth

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nothing but the truth yes mr chairman i do could you identify your client in relationship to this

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property blank room represents 1700 north front owner llc which is the owner of the subject

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property at 1700 north front street our vice chair has just a few questions questions

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good morning good morning counsel do you agree to waive the reading of the refusal and stipulate

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to its accuracy good morning mr vice chairman yes i do have you emailed in all the required

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documents that is needed to proceed with this case five days in advance of this hearing yes

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I have. Thank you. Please proceed and share your screen, Mr. Laver. Thank you, Mr. Shahid.

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Very good. As stated, Mr. Chairman and members of the board, Adam Laver of blank Rome on behalf

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of 1700 north front owner llc which is known by its doing business name the fishtown collective

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which is the owner of the subject property at 1700 north front street as you can hopefully see

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in the aerial image in front of you this is a large parcel which is under construction

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with frontages on front street as well as on hope street i'm indicating with the cursor

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Cecil B. Moore Avenue, Palmer Street as well.

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This under construction project is by right and previously approved.

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Principals in the development team include Roland Cassis and Jason Nussbaum, who have appeared before the board many times and are local presences in the community.

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They are partnering with IRBY, U-R-B-Y, a hospitality partner.

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Here you can see some examples of the development team's projects, which are well-known and

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well-regarded in the community.

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The development itself, which is underway by way of background, it's been previously

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approved for a five-story structure with 200 four-dwelling units, very active, connected

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ground floor commercial spaces that interface with the surrounding area.

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We're really proud of what has been approved and is under works.

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And here are some current contextual photos of that construction underway.

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You can see that this is transit-oriented mixed-use prime adjacent to Philadelphia's L

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or elevated line.

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The site itself, seen here in purple, is zoned CMX 2.5.

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You'll also note across Front Street, you have a large swath of CMX 3.

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The notice of refusal before you, Mr. Chairman and members of the board.

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There's one issue.

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The proposed use visitor accommodations in the same structure with other previously approved uses requires zoning board of adjustment review.

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It's very important for me to point out this visitor accommodations request is a component to the previously approved multifamily residential with that amazing active commercial space on the first floor.

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So the dwelling units have been approved, 204 of them. However, occupancy for 204 units is uncertain in today's market, and a visitor accommodations component to the project would appropriately allow for a viable economic use of the property.

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But more than that, respond to a demand for quality visitor accommodations within this section of the city. Quality regulated, appropriate within an integrated community.

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This is compatible with the commercial character of Front Street.

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character of Front Street. This would be permitted across the street, as the zoning map depicts.

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This would be permitted across the street as the zoning.

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This is not a request to increase the number of units, but rather to designate less than 15%,

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approximately 24 units out of 204 for visitor accommodations. I'd like to walk you through

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floor plans that have been previously approved to really demonstrate what I've just shared and also

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the tight controls for this integrated community with Irby managing it. So on North Front Street,

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you have this beautiful landscaped area with an entry in for apartments and for what will be an

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amenity, we believe, to residents and to the surrounding community to have Irby managed

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visitor accommodations as a small portion of the project. 24-7 staffing with a lobby,

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with security, et cetera. And the visitor accommodation use is dispersed through the

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property. I would submit that this is an added incentive for the ownership to carefully ensure

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peaceful coexistence with long-term tenants. Here you see a sense of what I'm talking about.

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Second through fourth plans outlined in yellow would be visitor accommodations coexisting with long term.

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So you may be a young person who has one of the smaller units and have your parents coming in from out of town to stay for Thanksgiving, for example.

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You can take a unit here in your own residence.

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Or you may live in the neighborhood. People hear about the vibrancy of the neighborhood scene, want to come in, and this is an amenity. They don't have to go into Center City, for example.

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Here is the fifth floor plan showing the three units at that level.

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IRB itself is highly respected in mixed-use hospitality settings. The presence of visitor

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accommodations really becomes an amenity for everyone in the surrounding area. They are

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national leader in boutique visitor accommodations. Their program is for longer

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stays within the short-term space, if you will, for the security checks for the on-site coverage

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that I mentioned. And that's why I think that you see this type of non-opposition and support,

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Mr. Chairman, that you mentioned. On the screen before you, Council Member Lozada

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expressed her non-opposition. Here you see from South Kensington Community Partners,

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the coordinating RCO, and I just highlighted, the highlights are mine. They issued a position of

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support, and they noted in their letter the representations that have been made to the

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community, which, again, folks like Roland Cassis and Jason Nussbaum, along with a well-respected

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partner like Irby stand behind.

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Haja, here we have, as submitted, the additional RCO, the Fishtown District, Fishtown Kensington

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Area Business District, engaged in several discussions culminating in a support for this

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use, noting in their letter, there has been a growing demand in our district for more

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shorter stay or hospitality accommodations.

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In the instant application, the 24 visitor accommodation units would be spread amongst

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the remaining apartment dwellings so that they are integrated into a residential experience.

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IRB would be providing branded management for all units, and there would be onsite personnel

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to assist guests 24 hours a day, seven days a week. I read that into the record to simply

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share with the board that these representations that I've been making have been made to the

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entire community. Mr. Chairman and members of the board, this proposal fits into a dynamic,

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vibrant commercial corridor in this surrounding neighborhood, the transit-oriented nature.

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Those variants would represent the minimum variants that would afford relief.

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It will represent the least modification possible of the regulations at issue.

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It's an appropriate de minimis component to the overall large placemaking project.

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The grant of variants relief will not substantially increase congestion in the public streets,

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increase the danger of fire or otherwise endanger the public health, safety, or general welfare.

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No change in density overall is proposed. This will not adversely affect transportation or

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unduly burden water, sewer school park, or other public facilities. There are no environmental

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issues. We have the full team here to answer questions. Roland Cassis is available at the

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appropriate time to adopt and affirm. We're also grateful to have had the opportunity.

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to adopt and affirm we're also grateful to have had the opportunity to have spoken in advance to

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share our proposal with the philadelphia city planning commission which of course will speak

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for itself you want to have your testimony adopted counsel very well uh mr cassis would you please

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raise your virtual hand and wait for further instructions from chairman bergman roland cassis

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If for some reason Mr. Cassis is not available or not able to log in, Tom Hallinan can raise

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his virtual hand from the ownership group as well.

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Okay.

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Tom Hallinan, I will allow him to speak.

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Could you please state your name and then spell it for the court stenographer.

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Sure. Good morning. First name Tom, T-O-M, last name Hallinan, H-A-L-L-I-N-A-N.

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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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Proceed, counsel.

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Thank you. Good morning, sir. Have you been present for the entirety of the virtual hearing in this matter?

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Yes, I have.

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And would you adopt and affirm the testimony that I've offered as your own?

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Yes.

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Thank you.

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questions or comments from the board no mr chairman chair questions or comments from our

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

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no hands chair planning commission thank you chairman and members of the board david fecto

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with the city planning commission the comprehensive plan recommends no change to the commercial mixed

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use zoning at this location. The appellant has presented an argument related to local economic

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conditions. However, for a use variance, the appellant must show a unique physical condition

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of circumstance, which we've not heard. The City Planning Commission recommends the board deny the

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proposed use variance for visitor accommodations. Thank you. MI 2023, 001-838-17038 North Front

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street i vote yes thomas holloman my vote is yes james my vote is yes which no shaheed my vote is

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yes mr laver could you please stay on please yes sir thank you so number five is mi 2023

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001 839 1351 to 59 frankfort avenue um there's a letter of support from the fishtown kensington

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Area's Business Improvement District. Mr. Laver, just for the record, state your name.

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Adam Laver. Yes, Mr. Chairman, Adam Laver, L-A-V-E-R. And could you identify your client

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and relationship to this property? Yes, Mr. Chairman and members of the board.

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Blancrom represents 1359 Frankfurt Associates LP, which is the owner of the subject property.

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and our vice chair has just a few questions certainly read away the reading of the refusal

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and stipulate to its accuracy yes mr vice chairman have you emailed in all the required documents

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that's needed to proceed with this case yes sir i have all right please proceed continue on with

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your double bubble for today one more after this mr she'd uh thank you um as as mentioned

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Adam Laver of Blank Rome on behalf of 1359 Frankfurt Associates LP, which is the

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owner of the subject property, 1351-59 Frankfurt Avenue. I have some aerial photographs on the

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screen. This property runs from Frankfurt Avenue through to Crease Street at the rear,

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And the ownership team once again does business as the Fishtown Collective,

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including Roland Cassis and Jason Nussbaum, Tom Hallinan,

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who just appeared before the board, is present on behalf of the ownership.

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Here are site photographs.

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The site is under construction for previous approval.

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And here you see an aerial of a conceptual rendering as previously approved.

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for 61 apartments and three retail spaces along the commercial corridor, Frankfurt Avenue.

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Two of these retail commercial spaces comprise the subject of this application. Here we are with a

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view of the concept from Frankfurt Avenue, and you can see one retail space outlined in red,

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one retail space outlined in red one retail space outlined in blue i'll get to them each in a moment

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one retail space.

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and another view and here we have the zoning map this property is located in the cmx2

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commercial zoning district is subject to the neighborhood commercial area overlay district

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North Delaware Avenue. This generates the takeout restaurant use referral. This is not variance

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relief use referral. There's a notice of referral. Here it is in front of you. One issue. These two

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restaurants require special exception relief. Moving to the proposal, you can see a floor plan

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once again with the red outline and the blue outline. The fit out of a 2200 ground floor space

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for Shake Shack on the left, delineated in red, is proposed, and a 2500 square foot space to the

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right in blue for Sweet Green, two known and well-liked restaurants. Each space also includes

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a courtyard garden off the street. So here for sweet green, you can see with my cursor,

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the outdoor space, and here for Shake Shack, an outdoor space, which is a wonderful thing

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that people have come to love. And it also takes congestion off of the public streets.

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I'd also like to point out at this moment in time that there is an indoor trash room

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and a path for commercial trash going out of the property in as minimally intrusive a way as possible.

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Once again, you have a sense of the Shake Shack plan with ample seating, sweet green as well.

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and these are just conceptual renderings of what the spaces might look like from

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the pedestrian vantage point along Frankfurt Avenue and interior what you might expect

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coming into these these two spaces this is a aerial showing the concept with the courtyards

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And I'd like to point out that there's a real synergy of interests when we talk about restaurant uses.

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We think of noise. We think of odors sometimes.

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Well, the Fishtown Collective has a vested interest in making sure that their residential tenants do not view these two restaurants in objectionable ways and rather as amenities.

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And every effort is being taken to to make that happen.

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