civus
Hearing audio

ZBA Hearing - January 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 28, 20267h 52m

it limiting it to an event assembly facility um i think i think you would be fine since that is

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intended for private functions thank you what about uh is there alcohol

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vincent um you do not have a liquor license we don't we don't have alcohol lessons no we don't

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serve alcohol nor do you have any intent to serve alcohol correct yes we don't thank you

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under this uh under this could people bring their own alcohol like you know they have these sort of

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new event spaces where people

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bring your own

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bottle or whatever?

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Basically, what we're doing

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is about mind games. If you are

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drunk, you can't play.

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Okay.

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I like that.

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I like that.

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Was there

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any thought of maybe having

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some kind of

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agreement with the

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community? No.

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So I personally don't drink, so I hate drinks.

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No, I don't mean that.

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I mean, is there any, not about the drinking part, but about the gaming and what have you,

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that that's what's going to go on there and that, you know, I mean, the RCO did approve,

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but was there any thought of maybe having some other kind of, like, agreement with them to make sure that...

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When we met with the RCO, because they've been aware of this space since it's been operating, some of the neighbors and RCO members have actually been inside.

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They didn't seem to have a concern to do that.

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I mean, I understand that sometimes a community agreement would be thought by RCO, but in this case, they did not.

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Okay.

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Does the lounge operate any other space besides the first floor?

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Like the basement, second floor?

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No.

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only the first floor okay so the basement is not utilized or if there is a basement

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there is a basement but the basement needs to be renovation like very hard yeah so it's

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like basically not using questions from our attorney um i just wanted to clarify on the

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because the refusal wasn't um totally clear um i noticed this previously had approval for

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dwelling units on the second floor and then the lease indicated that the space the space being

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leased was the first floor and partial second floor you able to clarify yes the second floor

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is for residential okay all right so there's still residential up there and you're yes it's

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still residential okay and you are not using any of the residential as part of the business no okay

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all right thank you do we have a proviso for this what are what do we what are where do we stand

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um so if we could do a proviso limiting the use to an event assembly facility

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okay questions or comments from the uh audience virtual audience i see no hands at this time chair

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planning commission amy boyd with the planning commission

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The comprehensive plan recommends a change in zoning at this location from the current CMX 2 commercial mixed use to CMX 2.5.

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The plan has demonstrated that the proposed use will not cause such a bunch of impacts beyond what would reasonably be expected.

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The planning commission recommended the board grant this special exception for assembly and entertainment.

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MI-2025-004-485-3617-23 Lancaster Avenue. I vote yes with proviso. Event, assembly, facility only, and first floor only.

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Michael John, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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I win. My vote is yes with provisors. Thank you. Thank you, counsel. Number 11, MI 2025-004-600-1302-204-Ruscombe Street. Eileen Quigley is the attorney. There's unanimous support from the Logan Civic Association. 20 votes in favor.

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we were going to hold a vote on this over the taxes yep eileen quickly will be rejoining us

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We're going to hold the vote.

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as a panelist okay

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Good morning, Chair Bergman, members of the board.

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Good morning, counsel.

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Could you please state your name and spell it for the stenographer?

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Yes.

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Eileen Quigley, E-I-L-E-E-N.

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Quigley, Q-U-I-G-L-E-Y.

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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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I do.

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Could you identify your client, the relationship to the property?

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Yes.

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So, as I said, my name is Eileen Quigley.

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I'm here with my colleague, Pooja Patel.

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we're here on behalf of logan hope school and jim sovacool the head of the school as well as

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christine firman from atkin ocean shade architects the design professional are also here to present

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or answer questions as the board may request our vice chair has a few questions good morning

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good morning um submitted your documents and exhibits five days in advance of this hearing

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yes we have and you have several reviews here so do you waive the reading other

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refusals and stipulate to their accuracy i do okay thank you you can you can share your screen

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and proceed with your case can everybody see that

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okay just um as a clarifying point the a tax-exempt application a real estate tax

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exempt application was filed on behalf of this property because part of the

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application for these improvements for the expansion of the school included a consolidation

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of 1302-04 ruscom with 1328 which is the adjacent property the exemption was denied

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by the city timely appealed in 2025 and a hearing has been scheduled for march 11th 2026 so

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we haven't submitted the tax clearance we're working with the city with regard to those

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to the exemption and any potential taxes it may be owed but this has been a school for many years

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So, as Ms. Graham said, we have quite a few refusals. We also have a lot of exhibits of the deed, the affidavit of posting, as you noted, the unanimous support of the community, and that letter support is at Exhibit 14.

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We have the neighbor notice letters we sent out with the certificates of mailing at Exhibit 16, as well as the project information form at Exhibit 17 and the approved consolidation plan at Exhibit 18.

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That was approved by the City Survey District and Board of Surveyors.

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The site, as we noted, is 1302 to 04 Ruscom Street to be consolidated with 1328 Ruscom Street, which is the adjacent vacant lot you're looking at.

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here's an aerial view this is an existing building this was the

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educational use was permitted at this site back in 2010 and so this

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application is essentially for the natural expand natural expansion of an

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already permitted use as you can see the site lies in the RM1 zoning

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district and it abuts the rta zoning district as well as the cmx2 zoning district to the rear on

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albanus so the refusal there are four separate refusals the first of which is um the on-site

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landscape and tree requirements uh while we do meet all of the interior on-site landscape

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requirements we were refused because the species of tree so under the planning commission planting

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list there is an acer rubrum red sunset tree species we are proposing i know i hope i said

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I know. I hope I said that right. In our landscape plan, we are proposing an Acer rubrum, but it's a Armstrong Gold. So it's a different cultivar. And the reason why it was proposed was because it's more columnar. So it's actually more fitting for the restricted space in the urban setting.

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that right in our

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we did submit a letter requesting waiver of the tree type to the planning commission along with a

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landscape architect plant selection memo the planning commission denied that waiver

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so we are here now asking for a variance to allow this armstrong gold instead of the red sunset but

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again it's still acer rubrum it's just two different types of cultivars

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it's still what we're planting will still meet the intention the role and the purpose of the

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trees to be planted anyway so that is the first refusal the second refusal was for an eight foot

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wide buffer an eight foot wide landscape buffer between the zoning district so between the rm

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in the rta there was an eight foot wide buffer and just so for you to recall this building here

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at 1302 to 04 is an existing building it's been around for many many years the buffer would be

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along this area right here we don't even meet the eight foot deep dimension so we wouldn't be able

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to provide that eight foot wide buffer anyway but besides that there are steps here there's an

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egress here out of the rear of the building any type of buffer along here for these existing

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conditions would create a hardship and logan hope does own these two properties to the rear the only

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property that isn't owned adjacent on those adjacent property lines is this property back here

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the third is the rear yard so we have a gym and an all multi-purpose room as part of the expansion

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and this multi-purpose room gym is about 32 feet by 62 39 feet by 62 feet if we provided a nine

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foot deep yard rear yard which is adjacent to the cmx2 property you would be cutting this

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nine feet off you'd have a 30 foot deep building or for extracurricular and interior activities for

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the students so you would be greatly limiting what they can do here which causes another hardship

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and uh finally the parking there are two spaces based on this development

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that are required and we are providing one because it was it's more beneficial to provide

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and a handicapped van parking space which would take up all of the room instead of providing two

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regular vehicle passenger cars here because this allows handicapped students to access the van

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directly from the school and then they can go to outside activities so not having that right on

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site actually presents hardship to those students who are handicapped and would have to go or wait

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for the van come down through the steps so this is actually more beneficial to those students

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i'm going to go to the rendering so you can see what the plan is you can see this is the

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multi-purpose gym area this is the in interior of the site but it's outside

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play area an outdoor classroom garden area this is where the ADA van will be

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parked this is the extension of the existing building you'll have the lobby

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they'll have additional classrooms and there will be a connection from the

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existing building to the gym area as well as this addition will connect to the existing building

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here's a rendering of the expansion of the existing school

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so again not allowing the natural expansion of a use that has been permitted would create

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a hardship for this school they have a small student body they don't anticipate a great

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increase in student body it would really just be very minimal and would likely more so be siblings

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of existing students there's no anticipated increase in teachers it's really to provide

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teachers it's really to provide more amenity space for the students larger

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more amenity space for the students.

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educational facility spaces and classrooms there were some photographs

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of the site again the landscape waiver request and landscape architect memo at

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11 and 12.

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I don't know if the board has any questions with regard to what we're proposing here.

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Well, why don't we do this?

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Why don't we have your client come on, adopt your testimony, and then do you have an architect

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with you too?

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Yes.

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Right.

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So if there's questions relative to the architect, then we'll bring the architect on.

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So to move it forward, bring on your client, adopt your testimony.

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Okay, Jim, can you—

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I understand also, Eileen, we're not voting on this today.

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Am I correct?

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If you're waiting for the tax clearance certificate—

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Right.

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Well, I guess if you need to withhold the decision until we get the tax clearance—

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Yeah, that's right.

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That's right.

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Yeah.

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Okay.

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All right.

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But we wouldn't have to appear.

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Is that accurate?

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It would just be in—

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You will not have to appear.

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Closed-door session?

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Yep.

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Okay.

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I don't know if it's a closed-door session, but we'll—

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all right i understand right you would yeah you would announce it publicly

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right yes the vote might be announced but there's no need for you to appear okay

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so we have jim sovacool

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jim sovacool has been promoted to panelists he's only hi jim could you please state your

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name it's spelled for the stenographer name james sobacool j-a-m-e-s last name sobacool s-o-v-e-z and

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victor o-c-o-o-l do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes i do counsel mr sobacool you heard my presentation to the board yes and would you

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testify that that presentation was accurate as to what is happening at the site? Yes, I would.

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And if you were to testify, would you adopt my presentation as your testimony?

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Yes, I would. Thank you. Questions from the board. Yes, I have a question. You have the

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van accessible parking space, but I'm trying to figure out how does one in a wheelchair

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stair get to that upper level. I see the elevator, but I only see stairs up from the lobby. So how

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does one traverse this site since a lot of it is sort of raised and the elevator doesn't appear

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to go down to the lobby? Yes, the van parking space would be at street level. And so if there's

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someone that could exit out the front doors of the building, take a left and turn over

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to the the parking space at street level yeah i get how they i get out there i see the vestibule

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i see i see how the van parking space is there i'm trying to get from the vestibule up to this

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upper level because all i see are stairs i see stairs that say up to a landing right to an

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elevator i'm still trying to figure out how you get to that upper level um yes the the elevator

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if we're looking in the the welcome space um there's there's an elevator just past the the

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vegetable fuel uh that would go up to the landing that is in um so the elevator so the elevator

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does open up at the lobby area correct it goes to the from the lobby and then it goes to to

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each of the three floors of the building the uh the the second floor would be the

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area that could go out to the um the yard space area okay because it's not clear on the on the

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plan that it opens it shows that it opens up to that landing space but it doesn't it doesn't it's

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not clear that it opens up to the lobby space yes it does it does open up to the lobby space

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okay all the questions

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questions from our attorney hillary hillary emerson not at this time mr

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there's your comments from the virtual audience i see no hands at this time chair planning

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commission amy boyd with the planning commission the comprehensive plan recommends no change in

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zoning at this location from the current rm1 residential multifamily the appellant is subject

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to the landscaping and tree code and the appellate refused to comply with the requirements for

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landscape buffering from a residential district and plant species selection from a pre-approved list

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In this situation, Planning Commission staff could consider a waiver from both with a fee in lieu of providing six trees.

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with a fee in lieu of providing six trees for this application this is calculated to be six

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