civus
Hearing video

ZBA Hearing - July 9, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 9, 20256h 49m

that's nia and then richardson is r-i-c-h-a-r-d-s-o-n right you swear or affirm to tell

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the truth the whole truth nothing but the truth yes i do please proceed um so i just i'm currently

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a tenant in the building and i just had a few concerns basically because somebody that currently

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has lived here for the last four years okay um once the storage unit that was built next door

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was built a lot about this current building in particular has been off center um I have concerns

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about the leveling for the foundation as well because I there I have a brick wall inside and

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at times that is constantly crumbling um so there's that there's cracks in the walls and

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the paint and stuff like that none of my um doors really align to the hinges um attached to them so

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like there are concerns about that i also had a concern about like the parking situation because

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this is um residential parking and there's street parking basically um there's never any parking

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out there currently so adding what is it seven more units on top of this would make it even

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more difficult for people to park my car has personally been hit six times since it's been

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out there parked on the street um so there's just a bit of concern about that i also don't

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I'm not quite sure what their intentions were again with the like with the mail situation

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because again even if like they add the unit the mailboxes on there I definitely because

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I currently have issues receiving my packages more times than not their return because there's

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no entrance way for UPS to get in and things like that so I'm just concerned about those

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things I also do feel as if like me and my family are concerned because like at any point

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really it seems like you know the foundation is just going to crumble maybe the building could

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fall in on us so i don't believe building more units on top of this current building would be

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a good situation for the neighborhood are you a current you're you said you're currently you

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currently live in this building currently live there and i also re-signed my lease for the next

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year so i'm a little bit uh confused as to how these are going to fit for the people that live

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confused as to how these are going to fit for the people that live in the building currently

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in the building currently.

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because my lease was renewed as of August 1st. Yeah well I guess the question to the

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developer is I don't see how you're going to build this thing with people living there. I mean

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what's your point? What's your schedule? I mean that's an interesting question. You've got people

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living there and you're going to be building four stories and all this renovation. How can people

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live there i actually live on the second floor i'm sorry to cut you off so in their um drawings

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they would basically be chopping up my entire apartment in order to make it into the studio

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and one of the one bedrooms actually so where do you currently have a two bedroom or i have a one

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bedroom um apartment it's the floor right above the business okay so question to the developer

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what's what's going to happen with your residence how is that what's your what's your if you're you

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You know, say we say, OK, then what's your timeline?

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How are you going to?

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What's the what's the plan?

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Yeah, the timeline is as it stands now is unclear, because, as you know, the whole process with the RCO and zoning takes quite a bit of time.

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So depending on the board's decision today, we'll sort of determine what the next steps are for the for the timeline.

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But to be clear, are you planning to occupy the building while the renovation is done?

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yeah we're adding you know quite a substantial you know addition on the back and on top so yeah

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this is a you know definitely will the residents are you planning to have residents live there

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doing the renovations no it's it's going to be a complete you know renovation project so that

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it would not be safe okay as far as the time as far as the timeline goes i you know i we do not

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have a target start date because we don't want to sort of get ahead of ourselves and assume anything

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right i mean she the young lady raised good concerns um which are similar to what board

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member um when raised in terms of accessing packages and the entrance and you know how

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do how do all these things logistically work and you've got a um a resident that's saying now

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You know, it doesn't work. You don't have as many units now.

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Well, that's part of the reason we also want to redevelop the building.

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And, you know, any other neighbors can attest.

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All of the buildings on this block are very old, many of which haven't been updated in a lot of time.

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So part of what we want to do here is bring this building up to, you know, current modern standards,

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not overbuild in terms of finishes make it affordable for the proper for the market and

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for the neighborhood get a proper intercom system she is correct that we did experience some issues

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from the storage unit being built next door obviously any building plans will be thoroughly

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reviewed by lni and all structural concerns will be you know issued and addressed but yeah part of

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it is we want to put a lot of money into this building we want to improve the facade which is

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you saw from the pictures before it's been the same for 10 15 years it's the building's looking

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very tired and um you know part of it is not just adding units but also refreshing the facade

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getting a proper entrance system and uh really you know bringing the building to to current standards

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i guess when you said that the buildings on the block are old you're not referring to the

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relatively newish development across the street that is the majority of that block no no i speak

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specifically in reference to um a lot of the buildings on the same the same side of the street

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so i spoke in in addition to the uh rco meeting we had at the school uh we actually had two more

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rco meetings after that at rose cooper's office with just the neighbors from that block and um

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You know, they've they've communicated to us that they're very happy that we're, you know, investing so much money into the block and and into the into the building specifically.

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Last question. Is that is that is that a public street in the in the rear or is that private?

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Private. OK, that's it. And in fact, it backs up to the to the Fairmount Park.

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so another another thing we sort of discuss with the neighbors is how we all can work together to

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maintain that street better do we work with uh do we work with clip do we work with the fairmount

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park how do we maintain that you know when trees fall and that type of thing so that's something

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that we're also participating in we've been you know we've owned this building for the better

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part of two decades uh we used to own the beer distributor when it was in the northern part of

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east falls um we moved it down to this location so we've we've been here for quite a bit of time

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and um it's just after 20 years it's time to invest money into the property and

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invest money into the property and and which we think would be its you know highest and best use

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and which we think would be its you know highest

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for for the neighborhood and also any part of in part of the you know conducting this addition

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is working with a structural engineer coming on site providing a structural analysis essentially

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report you know we've already started those conversations reaching out to dig out test

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pits to confirm foundation conditions so those are all things we're taking into account as we

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Anthony and his team are ready to move forward.

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So, you know, it's common practice, I think, for any older row home like this, you know, to undergo these, not only required by license and inspections, but I think just for peace of mind from them.

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So, you know, the structural report is the first thing we're doing, you know, assuming, you know, we move forward with the project.

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Questions? Anyone else in the virtual audience?

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yes chair i have a hand up from a michael costuma

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any other hands up after that no sir okay thank you michael

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can you hear me yeah michael please state your name and spell for the stenographer

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yes michael costello c-o-s-t-e-l-l-o do you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do mr costello do you live in the area i do i live across the street

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that's fine please proceed yes um i'm just had a question i also represent the zoning committee

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for the adjoining RCO for East Falls Community Council.

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And the main issue that we had was the parking situation.

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And it's my understanding that we're going to look

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into a detonated service agreement with Fairmount Park

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to accommodate the parking in the back alleyway

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for the apartments.

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I just wanted to find out about that.

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I don't know anything about that.

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I don't know what the developer does either personally.

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Yes. Part of those three meetings we had with the RCO was not just about our project specifically, but like I just mentioned, how do we take care of Rodney Street, the private street in the rear? How do we work with the park? There was a section of that park that used to be a parking lot many, many years ago.

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Then the Fairmount Park placed boulders to block the entrance.

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So that was something that all of the neighbors were all going to work towards, you know, looking into that into the future.

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Obviously, that's going to involve a lot of moving parts and a lot of different, you know, different divisions of Philadelphia.

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But, yeah, that was there used to be parking back in that park a long, long time ago, from what I understand.

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and that alleyway will be how the trash room is accessed as well correct up and we have we have

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an agreement in addition to the the support we have essentially a good neighbor agreement agreeing to

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repave that street if there's any damage we're not permitted to park on any neighbor's property

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without prior consent those type of standard things that's already been agreed and signed

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Thank you.

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If I may, Mr. Chair, just to add to that, our understanding, Mr. Costello, through these meetings with RIH and reviewing site plans and surveys, is this used to be old bridge road.

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The street may have been stricken. It's currently an alleyway. And one productive conversation that's come from this discussion about these older row homes is reactivating conversations with the Fairmount Park Conservancy that used to provide a lot in the rear and help maintain that rear old bridge road.

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um this has been the condition in the rear for some time um but but hopefully uh um you know

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with thanks to um your civic association rh we can continue that uh productive conversation

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yes because street parking is very difficult along this particular block of ridge um and

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traffic congestion is very very heavy so that that's our only concern on the east fall side

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Thank you. Okay. Anyone else in a virtual audience?

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No further answer, Mr. Chair. Mr. Chair, if I may make a request to the board this time.

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Go ahead.

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Go ahead. So, you know, if

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So, you know, if Mr. Massiri agrees, I think what we'd like to do, we've had a very productive series of meetings with the community.

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I mentioned there are 20 community members attended last month and were unanimously supportive, as we discussed, improvements to the row homes here.

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And I think it's also important that we engage with Ms. Richardson as an existing tenant of the property and also incorporate the feedback we've received from the board about the design of the upper floors as part of this addition, including the unit configuration that you mentioned earlier.

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So what we would request is if the board would grant a short hold to come back and submit revised plans after meeting with Ms. Richardson and any other tenants that we do.

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Hillary?

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Hillary?

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I'm here. Sorry.

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It takes a little longer to click on the thing and to press the button on the mic.

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How about the, do you want to do a resumptive?

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Yes, I think we can do a resumptive hearing, and I believe the chair has a date available that we can plug this in.

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And Mr. Bodson, you can let us know if you think that will be sufficient time to further review this project with the community.

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Excellent. Thank you, Ms. Emerson.

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all right all right so this this is um and planning will take their position after we

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see what it finally looks like right whatever you want no i i i think we should let him come back

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yeah i was gonna say i think we may in case there are changes made um yeah i think i think we'll

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we'll wait on um on planning all right and we'll get back to him with a date a date later

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what i believe we have a i have i have i have a result i have results yes yeah yes what it

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it was in october 10 14 at 9 30. um okay mr bodson

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would that be sufficient time to work through the issues you think

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uh i certainly believe it will be sufficient time to work through the issues i do understand

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And with the financing of this property, you know, that – well, Mr. Massiri, are there any issues that you'd have with your financing timeline for this property?

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Yeah, we were hoping to sort of have a path forward today.

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I'm not sure if two more months is workable for us.

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What do you suggest?

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So why don't we tentatively schedule this for October and then Mr.

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Bobson, why don't you reach out to ZBA staff and see if there's something sooner available?

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Will do. Thank you, Ms. Emerson.

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Appreciate it.

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All right. Thank you all. Thank you both.

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Thank you all. Thank you for your time, members of the board.

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Sure.

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All right. Number, let's see here.

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Number 13, MI-2025-001-268-222, Marquetry, Justin Crick is the attorney.

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I'm back in, Sean, sir.

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There's a letter of opposition from Council Member Squilla,

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letter of opposition from Old City District RCO.

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good afternoon members of the board my name is justin crick yeah could you spell for the

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court sonographer yes k-r-i-k and i am uh now with the law firm of astra weiss kaplan and mandel

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okay uh one logan square 130 north 18th street suite 1500 philadelphia pa 19103

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to swear to tell the truth the whole truth and nothing but the truth yes i do

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Could you identify your client in relationship to the property?

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Yes, my client is TGGTP, Hospitality Group, LLC.

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It is the tenant of the property at 222 Market Street.

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And I have Wayne Schulich, who is the owner of that company, in the audience today.

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And this is a referral, if I'm not mistaken, right?

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yes it is and do you waive the reading of it and do you agree with its accuracy

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Yes, it is.

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And do you waive the reading of it?

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And do you agree with its accuracy?

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i do why don't you proceed sir thank you all right let me share screen

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I do.

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all right members of the board thank you uh we are here today on a referral

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for a special exception at 222 market street the applicant is seeking to legalize

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a smoking lounge at the second floor of the property and in the property, and it is an

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existing sit-down restaurant. In 2021, we were before this board and received approval for a

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sit-down restaurant with accessory entertainment and an occasional DJ from the basement through

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the first floor, and then shortly thereafter in 2022, another application was filed, and it was

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that use was extended through to the second floor of the property as well and approved for assembly

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and entertainment with nightclub and private club in the existing structure. The property has been

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operating as Frame. It is a bar, nightclub, sit-down restaurant. And essentially what

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happened in this situation was the applicant had determined that they wanted to have hookah sales

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and tobacco in the property. And the applicant using the expediter actually did obtain the

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necessary city approvals to sell the tobacco and has been paying sales tax on all tobacco products

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since that time and has also obtained approval in August of last year for a specialty tobacco

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establishment in accordance with the Clean Indoor Air Workers Protection Laws. And then come this

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February, he was issued a cease and desist and was a little bit struck, didn't realize that

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that had not been incorporated into all of this already. So we are now back for the legalization

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of that use within that existing structure and business. Just to give everybody a little bit

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of background, it's probably familiar that Old City and 222 Market lies between second and third,

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but more so between Strawberry and Bank. And it is on the south side of Market Street in Old City.

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A little bit closer, you can see it just, you know, between Strawberry and Bank.

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And from a zoning perspective, you'll also see that there's, you know, it's through and through.

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And while there is an alley here that was blocked off by another person at some point,

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so this property doesn't necessarily have access to that egress,

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but does have exits on the second floor down to the exterior of the first. On an aerial map,

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there is a rear yard back there, an area that's exterior. The zoning in this area is CMX3.

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I'm sorry, did I say that right? It's CMX3. Here's the frontage of our property. Right next

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to us we have a pizza pizza place and another business establishment on the left this is

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directly across the street and we have looking uh east i'm sorry west and we have somewhat east and

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