civus
Hearing video

ZBA Hearing - June 7, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jun 7, 20233h 49m

today. That spans 10 countries and three continents. And we have over 10,000 live

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units across the globe. And in Philadelphia, we currently operate 15 total properties,

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10 of which have roof decks. So we're not new to the city of Philadelphia. We have an impressive

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footprint there. But in summary, we operate lodging businesses and properties all across the globe.

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Thank you. And are you aware of whether or not you have a lease on this particular property at

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230 Vine Street? We do. And with the properties that you know that have roof decks in the city

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of Philadelphia that are unsigned to properties?

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Is there any history of incidents that are negative with those properties that you're

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aware of?

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No, no.

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Like I mentioned, we have 15 properties today.

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10 of those have roof decks, and we don't have any history of incidents.

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I think that's a reflection of our strict rules that are in place, the ones that you

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referenced and the ones that I see on the screen in front of me.

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But in short, no history of rooftop incidents.

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And can you go through the restrictions there?

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And I think that you had sent updated rules. This is part of the package I've already submitted to the board.

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What are the hours of operation that currently are in place for Philadelphia RooTechs?

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Sure. Our current hours are 9 a.m. to 8 p.m.

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And those are the only hours that we allow our guests to access the roof.

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And supplemental to that, access is an important thing.

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So the only way to get up there is through a unique individual code that our guests can obtain through the app.

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So the same way that a guest pulls up the app to get their code to access the building in their unit, they would do that same thing for the roof deck.

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So so the hours are 9 a.m. to 8 p.m. And the only way to get up there is through one of our codes.

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And you're able to track then who went on the roof at any given time as well through that app.

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And you're able to track in who went on the roof at any given time as well through that app.

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Is that accurate?

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Absolutely.

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We do have cameras as part of our standard operating procedures, but the tech that we use does allow that.

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So we can determine if a door is open, who has opened it, and react accordingly if needed.

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And are parties permitted on the roof as part of your policy?

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No, we have a no-party policy, not just for roof decks, but for our properties in general.

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So if there were one, we would act swiftly, just like any other incident, to manage it.

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Now, you don't have someone on site at this property or any of your Sondra properties necessarily 24 hours. Is that accurate?

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That's correct. So our staffing model is flexible.

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We, at any given time throughout the day, we have about a dozen staff members who are active, and they're all servicing different properties. So they float around the city and different zones that we manage. And what that means is that although there's not one, you know, physical body, one person who's at the front desk 24-7,

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We do have quite a number of people who are always on call and always going to all of our different properties for various needs, whether that's a guest needs, you know, more towels or, you know, there's a cleanup in the hallway, something to that effect.

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There are always Sonder employees who are visiting the property throughout the day.

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And is it accurate to state that there's no allowed amplified music up on the deck?

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That's that's correct.

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You know, we have quite a number of rules that restrict noise and gathering on our roof.

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So amplified music is a great example.

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There's no alcohol or smoking that's allowed.

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No pets are allowed on the roof.

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And no one is allowed to linger past that 8 p.m. time.

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And 8 p.m. is actually when our third-party security starts doing sweeps.

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So throughout the night, our third party security company that we use will be visiting the rooftop multiple times to make sure that there's no one up there.

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And, you know, we feel good about our access procedures that are in place as well, because once it hits 8 p.m., those access codes to the roof deck no longer work.

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So even if you're a Sondra guest and you want to go up there at 8.05 p.m., the code that you would pull up through the app on your phone, it just won't work and no one will be able to access it.

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So so so many things in place to prevent disturbances, noise and gathering outside of our permitted hours.

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Again, other than the time from 9 a.m. to 8 p.m., being the hours of operation, are the rules that are before you now still in place?

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I'm sorry, can you repeat that one time, Rich?

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Sure. Other than the change in the hours of operation from 9 a.m. to 8 p.m., are the rules that are set forth on the exhibit in front of you, which is exhibit 13 in our package, still applicable to the property issue here on Vine Street?

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Yes, all the rules are still applicable. They look exactly the same. As you mentioned, the only small edit is that we actually reduced our rooftop hours across the city to be 9 a.m. to 8 p.m., when previously there were a couple of extra hours all the way up until 10 p.m.

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But like I mentioned, we've reduced that, which we think is a good thing.

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Thank you.

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And do you believe that Saunders guess as using the roof deck in accordance with these

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rules would have a detrimental impact on the neighborhood beyond which would normally be

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expected of any other roof deck in the city?

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No.

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I have no further questions for Mr. Pena.

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I appreciate your time, sir.

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Thank you, of course.

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Thank you, Rich.

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Thank you, Chair.

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Is that your presentation, Mr. Pena, sir?

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Yes, sir.

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I mean, at this point, under the zoning code, the burden shifts to any protesters to show that it would not be able to have the roof deck there.

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So, yes, we're willing to shift that burden out.

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And I would rest with moving in my exhibits.

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Okay, so you're through with your presentation?

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Yes, sir.

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Thank you.

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Questions from the board?

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No, Chair.

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Questions or comments from the virtual audience?

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Chair, we have someone under the email address, F.J. Purcell.

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Okay.

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Sir or madam, could you please unmute yourself and wait for the chair?

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Could you state your name, please, and spell it for the court sonographer?

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Sure. Francis Purcell, F-R-A-N-C-I-S, Purcell, P-U-R-C-E-L-L.

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Sure. Francis Purcell, F-R-A-N-C-I-S, Purcell.

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Right. Do you swear or swear on to tell the truth, the whole truth and nothing but the truth?

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Yes.

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Proceed. Are you a neighbor? Are you a neighbor, sir?

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Yes, I am a neighbor. I have the property that's at number 249, as well as 251 North 3rd,

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as well as 239 241 New Street the corner abutting right up to this and as being a resident in this

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neighborhood for a very long time we've seen a lot sort of come and go and I guess today we're

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just addressing the roof deck and not everything else but my dear dad once told me as a kid

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be careful because you might get rather than two crocodiles you get one big alligator

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and when we were proposed this project we were told it was going to be eight individual townhouses

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at one point in time and then i think mr zakin described as being sort of somewhat of a sex hotel

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where the groom was going to mount the bride and they're all laughing and thought that was

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interesting and we were told that basically it was going to be 110 additional sondor units in

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the neighborhood where to be honest with you we've not had very good experiences with sondor

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whatsoever at a property known as 257 North Third Street that basically Sonder is no longer a part

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of. But in the meantime, our neighborhood is being inundated right along Vine Street, as well as on

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the other corner of Wood, and then going back on Ray Street with a good number of temporary

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residences, which I think totals somewhere upwards of anywhere from like 200 to 400 residences in

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the neighborhood. And when we heard that 110 were coming down, we thought that was a bit much.

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so then we found out that from 110 we're getting reduced down to about 85 but this all could be

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converted to multi-family at some point in time so we're sort of thinking we're not exactly sure

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what that density means for the neighborhood um and as a result we were then told number down

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but roof deck up and honestly with this neighborhood we've had some serious problems in

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the past. So we've got a jaundice eye. There was a bar restaurant two doors down from this that at

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one point was named the Griffin, where there were two homicides. And then it was Cecilia's, where

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the IBEW union workers would sort of congregate after work. And we had a lot of broken windows

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and noise and trash coming as a result of that. And fortunately, that was no longer. And I'm not

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necessarily opposed to having good neighbors. But then when we heard this sort of final straw of

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having what effectively would be like the Revolution House, which is down at Setkin and

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Market, which is a big rooftop noisy deck with alcohol up top, as well as a multi-use rental

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roof deck up top in an area that's fairly low. Although there is some tall buildings in the

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neighborhood that they pointed out to us being the Chocolate Factory, as well as right across

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the street as being new street commons and uh one other that's located across on third street

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bridgeview i believe it is um everybody abutting this is the same height so effectively we're

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going to be looking into a fairly noisy restaurant and one of the examples that was given here was

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the monaco and that is actually up if i understand correctly about 10 to 12 stories up in the air

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And they actually have a greenery blocking that so it can't be sort of seen from Independence Mall. Another instance was over on the Parkway, which is a very big, large open area that doesn't have buildings, literally, I mean, the one street right here in question is Bodine Street, which is only approximately 10 feet across.

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I mean, it's to the point that if a van goes down there, their mirrors have to be folded in.

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And, you know, it's kind of almost like Lucille Ball might want to give Ethel a cup of salt.

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I mean, one neighbor could literally reach right across and get the other neighbor's hand and pass something window to window.

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That's how tight this is. And when the Painted Bride was there, we had numerous numbers of lunch trucks serving food in that alleyway with smells coming up and noise and that sort of thing.

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sir i think we want to concentrate on the deck because the only thing in question is the deck

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so why don't we just concentrate on the deck and your thoughts about that all right is the deck

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proposing to serve food i i will when council will have a chance to get back to you with that

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in a couple minutes okay and what i understand the deck will be serving alcohol as well

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and i guess council will get back to me on that but what i'm trying to point out is that

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in this neighborhood we've had a very bad history with all that and much less to have it up at a

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rooftop level where we're living rather than down at street level

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um is conceivably going to be a problem and this is a fairly dense area and we've never had

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is conceivably going to be a problem and this is a fairly dense area and we've

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a roof deck restaurant like this in this neighborhood before all right um so obviously

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you're against the rooftop deck yes just i mean also we're not sure how food and alcohol is going

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to be delivered to this location and traffic is going to be trash is going to be removed and that

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kind of thing okay as well as what i'm going to do is have other people if they're in the audience

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come on, and then I'll have counsel respond to it. Is there anyone else in the virtual audience?

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Chair, we have Robert Germankin. Mr. Germankin, please unmute yourself. We'll wait for the chair.

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Hi, could you state your name, please, and spell for the court stenographer?

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Yes, my name is Robert Germankin, G-U-R-M-A-N-K-I-N. All right, do you swear or affirm to tell the

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truth, the whole truth, and nothing but the truth? I do. Proceed, sir. Are you a neighbor? Are you a

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neighbor, sir? Yes. Thank you, Mr. Chairman. I'm the president of Franklin Bridge North

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Neighbors, the presider of RCO. I also live at 319 Vine Street, a block away. As Mr. Pressman

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said, we had a February meeting and the neighborhood was uniformly opposed. And when

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they came back in May, as he also said, they added parking and smaller number of units. And I think a

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a lot of our neighbors were swayed by that, not really taking into account that what we're dealing

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with was a roof deck. But in any case, the vote was too close for us to take a position.

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That being said, personally, we do have two Saunders in the neighborhood with roof decks.

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They don't seem to be a problem. The issue that most people have is having a

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bar restaurant on the roof of this building, especially being open till midnight. Mr. Pressman

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pointed out several examples around the city. However, other than the Bach building, none of

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them are in residential neighborhoods. And in the Bach building, that building is much, much,

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much higher than any other building in the area. The other building that they said, which is a

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sonder is me squared which is fifth and bainbridge that's pretty much a residential kind of mixed

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residential that building or that restaurant closes the roof deck at 10 p.m and 11 p.m on

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weekends okay we uh we specific i specifically spoke to mr pressman after actually about a week

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or so ago asking about reducing the hours to 10 p.m., same as ME squared, and that we were turned

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down. We also asked about reducing the roof deck size. 100 occupancy is going to be one of the

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larger roof decks in the city. It's hard to tell from what they had, but Vine Street, that block of

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fine street is primarily residential we have three or four first floor resident um i'm sorry

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businesses the only restaurant in our neighborhood in our rco catchment we have one it's in byo

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so i feel it's inappropriate to have a hundred occupancy bar slash restaurant on the roof where

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noise is going to be pouring out over the neighborhood um again our neighborhood is

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primarily residential there's three construction sites on this one block all of them are building

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strictly residential townhouses and multi-family no additional um commercial is being built

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so no but i i think i think the issue of that is not relevant we're only talking about the deck so

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right i just want to i want to concentrate on the deck because that's what what the variance is

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about no and i understand that and i understand the burden of proof is on us no no no i just

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we're interested in your thoughts yeah so my thoughts are we went to the mr pressman

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with the idea that we could go from no decision to non-opposed asking that the roof deck hours

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be reduced to be part of the zoning as a provisor and we were turned down all right and i'll ask you

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if you would consider that you know 10 p.m closure 11 on weekends would make a big difference in the

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neighborhood, you know, people coming out on the street at midnight. Thank you. Okay. Thank you

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very much for your input. We appreciate you calling in. Is there anyone else in the virtual

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audience? Chair, we have John Summers. Mr. Summers, please unmute yourself and wait for the chair.

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Chair, we have John Summers. Mr. Summers, please unmute yourself. We'll wait for the chair.

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Hi, Mr. Summers, could you state your name and spell it for the court sonographer?

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Good afternoon, Mr. Chair and members. My name is John Summers, S-U-M-M-E-R-S.

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I am here representing Jeffrey Reinhold, who is the owner of Chocolate Works, which is located...

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hold on one minute do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes proceed sir thank you um as i say i am here on behalf of mr reinhold who i will ask several

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questions and will testify at this proceeding excuse me one one moment please uh yeah sorry

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Mr. Summers, are you here as counsel for Mr. Reinhardt?

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Okay, thank you.

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And he is here to vigorously oppose the restaurant roof deck that I believe is the subject of the chairs.

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That's the only issue we have.

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Exactly.

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Mr. Reinhold, are you there?

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Do we see Mr. Reinhold's hand?

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Chair, I see no one by the name of Mr. Reinhold with their hand. There he is. He just put his

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hand up. Okay. Mr. Reinhold, could you state your name, please, and spell for the court stenographer?

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Jeff Reinhold, J-E-F-F-R-E-I-N-H-O-L-D. Right. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? I do. Counsel, proceed. Thank you,

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Mr. Chairman. Mr. Reinhold, good afternoon. Good afternoon. You are the owner of Chocolate

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Works, is that correct? Yeah, I am a partner in the partnership that owns the Chocolate Works

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apartment building, which is located directly to the south adjacent to this proposed development.

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it's 231 North 3rd Street. And approximately how many feet is the edge of the building from the

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edge of the proposed roof deck? So the Chaco Words, again, is located to the south of the

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proposed project along New Street. And New Street is a 20-foot wide street with the two sidewalks

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on both the south side and the north side. It's located about 40 feet away from the proposed

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building. And approximately how many units are there in Chocolate Works in total? There's 135

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