civus
Hearing video

ZBA Hearing - July 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20204h 53m
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Cases heard in this hearing

Properties heard at this hearing

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

Thank you. Thank you. Good morning, everyone. My name is Frank DiCicco. I'm the chair of the

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Zoning Board of Adjustment. We have a quorum, so I'm officially calling this session.

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I'm sorry. I'm sorry to interrupt. I'm having trouble hearing.

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You hear me better now? No, it's very slow. All right, hold on. Everyone, anyone who's on,

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please mute yourself until you're ready to speak. That sometimes helps.

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Is your speaker all the way up?

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It is.

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Because I hear him perfectly.

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Anyone else having sound issues?

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I hear him loud and clear.

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I hear him fine.

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Loud and clear.

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I'm going to mute myself and see.

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How's that, Ms. Cooper?

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No, I'm sorry, O 'Connor.

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Donna?

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Could you hear me?

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could you hear me okay uh if something happens give me a signal or something all right

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thank you good morning again everyone my name is frank de chico i'm the chair of the zoning

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board of adjustment we have a quorum i'm officially calling this session to order

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In attendance is our board secretary, Mr. Confessa Plaza, our board members, Mr. James Snell and Thomas Holloman.

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In addition to our city solicitor, Ms. Sharon Saleta, and our board administrator, Ms. Tanya Sunkit.

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As many of you are aware, this is our, I think, sixth day of holding virtual hearings.

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While we may have to make a few adjustments along the way, our plan is to call each case

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and basically proceed as we would have in a live hearing.

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We ask that attorneys for applicants or other interested parties identify themselves for

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the record when the case you'll be participating in is called.

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We will then hear the applicant's presentation, followed by any presentation by attorneys

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is representing other parties. Interested parties and members of the public not represented by

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council will then be given an opportunity to testify. We will then finally hear from the

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recommendation of the Planning Commission. At the hearing's conclusion, the board will either vote

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the matter out immediately or hold it for discussion in executive session. Any case held

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for discussion will be voted on at the scheduled August 5th, 9 .30 morning session.

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A couple of changes related to the virtual format.

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First, we will be administering oaths to individual participants prior to their testimony rather

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than to the room as a whole since we do not have a room.

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

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identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone

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that this proceeding is being recorded

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and that by participating,

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you acknowledge your agreement to be recorded.

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Anyone who wishes to testify during these proceedings,

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please raise your hand

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so that Ms. Sunkit will be able to recognize you

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and pat you in into the process.

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A couple of other comments, please.

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of the attorneys, we're asked that you limit your testimony to those issues that are really

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necessary for the record. And we ask you to limit your testimony and rebuttals to one hour.

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There are a couple of other announcements I need to make before I turn it over to Tanya.

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On July 21st, 2020, we heard an appeal regarding the property at one, excuse me,

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Let me start again. On July 21st, 2020, we heard an appeal regarding the property at 318 East

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Durham Street, D -U -R -H -A -M, calendar number 39058. We held our vote and left the record open

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for Appellants Council to report back on any further meetings with the community.

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At the appellant's request, we are granting an extension and will now hear an update on the record and vote this matter on August the 5th, 2020, at our 930 session.

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Second announcement, on July 15th, 2020, we heard an appeal regarding the property at 4828 Greenway Street, calendar number 39277.

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We left the record open at that time to allow testimony on the community's position on the proposal.

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We would like to take that testimony at this time.

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We would like to take that testimony at this time.

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Before you begin, I'm just reading this announcement.

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I'll get right back to you, to the applicant's attorney.

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The applicant's attorney and anyone wishing to testify in this matter, please raise your hand.

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When called, identify yourself with a record.

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Hold on after that here.

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All right.

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Before we begin that time, I think you want to make an announcement about what the process is

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for people to be able to sign on yes um so whoever is contacting the zoning board hearings via

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telephone um the process for you to raise your hand if you wish to testify is for you to hit star

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9. Once your hand is raised and you wish to actually give testimony, then to unmute yourself,

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you have to press star 6. Then also, all those who are contacting us via telephone and you wish

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to register as an interested party to the case, you can call a Google voice number and leave a

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voicemail message at 267 -270 -5548. Again, it's 267 -270 -5548. Thank you, Chair.

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Thank you. One further announcement. On July 21, 2020, we held our vote on 1500 Dickinson Street

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for further discussion we will now vote the matter for calendar number 39293 1500 dickinson street

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my vote is yes my vote is yes my vote is yes my vote is yes thank you we will now go back to the

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second announcement for calendar number 39277

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4828 Greenway Street.

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I believe Mr. Clinton is the attorney representing this matter.

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Chair, could you please ask anyone who wishes to testify to remember to raise their hand, please?

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So I can identify them.

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Please raise your hand so we can identify you if you wish to speak.

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Mr. Clinton, are you going to present?

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I believe that Andrew Goodman from the councilwoman's office is also here to testify as to her position

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and the community's position.

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Why don't we hear from Ms. Goodman and then hopefully Henry will be able to get back on.

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So if you can identify yourself, name and address for the record, please.

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Andrew Goodman you can speak. Good morning Andrew Goodman G -O -O -D -M -A -N office of third

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district council member Jamie Gaudier. Mr. Goodman do you swear and attest to tell the truth the

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truth and nothing but the truth? I do. Thank you we're waiting for Mr. Clinton's here now but

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Andrew, while you're on, just give us your testimony, please.

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Okay, sure.

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As reflected in the letter we submitted to the ZBA on July 20th,

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our office supports appeal number 39227, located at 4828 Greenway Avenue,

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with the specific proviso be written in,

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that the variance be granted to reflect updated plans submitted in July 2020.

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The original refusal from the beginning of the year includes pieces in the project description that have since been removed from the plan. So we just want to make sure for clarity's sake that the variance is being granted per the updated plans from this month.

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Thank you, Mr. Goodman. Mr. Clinton.

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Morning, Mr. Chairman and members of the board. Henry Clinton here for the applicant, John Cassidy.

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We appreciate the commentary by Mr. Goodman.

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We appreciate the commentary by Mr. Goodman, and we've asked the board to vote on the project with the understanding that the revised plans, which are three pages, have been previously provided in our packet, and we are in agreement with the community group's request to remove the pilot house and the roof deck.

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And with that, I rest and ask the board to move forward.

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Thank you.

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or any questions from the board? I think we already went on. I believe there may be

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I believe there may be one other community member present who wishes to testify. Okay,

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sorry about that. Anyone else wish to testify, please raise your hand. Is that Diane Settles?

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Ms. Settles? Good morning. Good morning to the ZBA board. I would like to thank you for this

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opportunity in which to speak.

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Ms. Settles,

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please identify yourself and spell

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your name for the record. My name is

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Diane. My last name is

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spelled S -E -T -T -L -E -S.

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Settles. I'm the president

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of the King Sessing

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Area

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Center Association.

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I'm sorry, sir.

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I'm sorry. Do you swear and affirm to tell

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the truth, the whole truth, and nothing but the truth?

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Yes, I do. Thank you.

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please proceed. I am a representative from the King Sesson Area Civic Association, which is in

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the area of this proposed property. We are also in agreement with the council person, Jamie Gautier's

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office. I wanted to speak just because this is a public hearing and I'm trying to get

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more of a community to participate in the ZBA hearing so that they will know how it

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works, and so that they will know that they do have a voice. So once again, I am in support of

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the revisions that have been offered by this applicant. Thank you for your time. Thank you,

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Ms. Settles, and thank you for taking the time to be here this morning. Okay, with that calendar

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number 39277

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4828 Greenway Street. My vote is yes

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with the following provisos. Revised plans

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three pages accepted and approved by the board today.

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Yes, with proviso. Yes, with proviso.

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Yes, with proviso.

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Thank you. Sharon and Tanya, did I leave anything

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out if not we'll proceed we'll begin with the hearings that's good to me um just the

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continuance announcements which i think confessor is thank you okay continuance and when draws

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calendar number 39379 1233 north front street will be continued calendar number 39910

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1723 Memorial Ave. It's being continued. Calendar number 392001758 North 31st Street. It's

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continued. Calendar number 39917 1917 North 4th Street. It's also continued. Calendar number

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39913

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5217

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dash 19

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Haverford Ave is also

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continued. Calendar number

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39224

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7956

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Castor Avenue

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it's also continued.

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If you feel that

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any of these cases I've read

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it's an error

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please raise your hand and let us know.

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Thank you.

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And also, if anyone else wishes to have a case, continue to withdraw, please raise your hand now.

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Xen Jin, you may speak.

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Yes, good morning. I'm here on behalf of...

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Xen Jin, please identify yourself.

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Yes, good morning.

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Zen Jin, 1617 John F. County Boulevard, Suite 1838, Failed LVPA 19103, here on behalf of

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the applicant for 1758 North 31st Street.

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And Zen, please spell your name for the stenographer.

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Sure, Z -H -E -N, last name is J -I -N.

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

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I do.

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Please proceed.

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Good morning.

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I'm actually here on behalf of 1758 North 31st Street I believe I heard that

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it was continued I believe the case is actually ready to move forward and be

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presented then I apologize then that would be my fault I had it as you

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Then I apologize then. That would be my fault. I had it as you having requested a continuance,

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having

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but we will move forward then. We will take that off the continuing list.

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You'll be back on, you're back on the list. Thank you.

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Thank you. Anyone else requesting a continuance or withdrawal? Please raise your hand now, please.

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Peter Crawford, you can unmute yourself and speak.

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Mr. Crawford, please identify yourself with a record. Spell your name.

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Yes, Peter Crawford, C -R -A -W -F -O -R -D. Actually, Mr. Jinn just spoke on my behalf. He's my attorney

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for 1758 North 31st Street. Okay, we'll get to you short. Thank you.

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anyone else continuance or withdrawals that's all i have chair okay mr confessor let's begin thank

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you okay can you hear me now i can okay calendar number three nine nine zero one ten oh one south

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4th street anyone wishing to testify on this case

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Eileen Quigley you have been promoted to a panelist you can unmute yourself and testify

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and you can share your screen as necessary and if witnesses please identify them at this time

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Ms. Quigley please please identify yourself name and address by your name for the stenographer

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

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I do thank you good morning my name is Eileen Quigley E -I -L -E -E -N -Q -U -I -G -L -E -Y

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from Ballard Spar, B -A -L -L -A -R -D, S -P -A -H -R -L -L -P.

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And I'm here on behalf of the applicant AT &T

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for the application for 1001 South 4th Street.

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We are requesting a special exception today

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for this matter.

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Let me see if I can.

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Ms. Quigley, I just need to swear you in.

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Do you swear and affirm to tell the truth,

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the whole truth and nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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Yes, we have three witnesses today. We have Sean Paul, who's the radio frequency engineer, Steve Wilcox, who is the site acquisition person, and sorry, Steve, and we have Michael Moore, who's the engineer.

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What we're here for today, as I said, is a special exception. The application is for

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the installation of antennas inside an existing steeple or spire of an existing building,

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and there is an equipment compound in the rear of the property that has a landscape buffer.

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The application required a referral because it's in the RM2 zoning district,

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So wireless telecommunications, even installation in an existing building, requires special exception.

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I would like to ask Sean Paul to start out.

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Oh, wait, I'm sorry.

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First, we do have the exhibits.

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So, you know, we have the portions of the lease.

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We have the certificate of tax clearance.

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At Exhibits 4, 5, and 6, we have photographs of the posted zoning notices from the previous schedule.

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I'm sorry.

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Ms. Quigley, could you share those?

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Is this the church on 4th Street between Washington and Christian?

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Ms. Quigley, could I let you know you were sharing your inbox right now?

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Oh.

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Yeah.

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Okay.

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I need to close out then.

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I'm going to stop the share and try this over again.

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We have all done this.

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Okay.

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Okay.

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so these are the plans I'm sorry I can't even get the I'm trying to get the exhibits up and

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doesn't seem to be working for me. Sharon can you see the um exhibit yet? Um I cannot but

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no

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see an architect's plan we see that's all i have

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wait yes we do

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i do see the plan now eileen yeah okay um

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i did submit obviously a whole packet of information

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oh okay try try your best to walk us through it i mean i don't know about the other folks

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i'm familiar with this church tom might be i'm not sure about the other board members but

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this is a church that's basically been there for a long time and it's tucked away within the

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footprint of the South Wark housing development, correct? Correct. So the spire is at least 90

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feet above grade, and I can have Michael Moore, the engineer, go through a little bit more of where

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the antennas will be placed. But as I said, they're going to be inside the steeple, so you

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won't be able to see them. The equipment compound is at the rear of the property. It's about a 10

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by 16 concrete pad and it has a landscape buffer so with that i would just like to have sean paul

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come on explain his educational background and his experience as a radio frequency engineer

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i don't know if we're going to need that i mean unless the other board members decide differently

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i think just frank tom yes does it have is it fenced in

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yes the compound has a fence around it yes how high is the fence

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i believe it's six feet okay thank you you're welcome and i yes i i failed to tell you that

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we do have a letter of support from the court from the rco and we have a letter of non -opposition

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from councilman squiller and i suspect that the purpose of this is obviously to bring uh provide

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the area around 4th and washington avenue beyond with better a service and provide some sort of a

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revenue stream for the church correct that's correct and i don't put words in your mouth

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i'm just trying to figure it right so this um has been sold and they're re having the um church and

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I believe it's going to be for residential uses. But if you see the coverage maps, it's clear that

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there is a real breakdown of service in this area. And with this new installation here in

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the church, it will provide more coverage for the customers in this area and even in -building

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coverage, because right now there's not even a lot of coverage within the building. So those

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houses that's surrounding there don't have full access to wireless and this particular installation

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is really crucial to providing customers in that area with wireless services and obviously it's

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something that AT &T needs to do pursuant to its licenses as well let me see if

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so with that and it would not it actually meets the criteria the special exception it doesn't

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cause any harm to the public health safety or welfare this installation like all the other

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AT &T installations which have been which have gone forward in Philadelphia meet the requirements of

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any federal guidelines and regulations and as I said it meets the criteria of the special exception

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for this particular property.

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Thank you.

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Is there anyone else who wishes to testify in this matter?

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If so, please raise your hand at this time.

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Nothing at this time, Chair.

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Thank you, Tanya.

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Any questions from the board?

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No.

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Planning Commission.

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Yes. Good morning. While this property is indicated for residential use on the city plan.

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good morning while this property is indicated for residential use on the city plan

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we have no objection to the granting and a special exception thank you ron calendar number

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three nine nine zero one one oh oh one south fourth street my vote is yes my vote is yes

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my vote is yes your service is right on time so my vote is yes great thank you may we enter our

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exhibits into the record please do so I request to move the exhibits into the

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record and with that that concludes my business may I please be noted thank you

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thank you have a wonderful day

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calendar number three nine zero eight zero one oh one that's one oh nine

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Ellsworth Street

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Zin Jin, you have been promoted to a panelist, you can now speak and share your screen as

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you wish.

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Mr. Jin, you agree to waive the reason.

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Then I already swore you in, so okay, confessor, I'm sorry.

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Yes, no problem.

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You agree to waive the reason if it's a refusal and stipulate to attack her seat?

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I do.

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Thank you.

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Good morning, Zen Jin, Z -H -E -N -J -I -N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia, PA, 19103, here on behalf of the applicant, Urban Real Estate Development.

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I believe my client is here as well. I will ask her to verify my testimony at the end of the presentation.

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This is an application for relocation of lot lines and the erection of five new structures

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to be used as single -family dwelling. This property is on the corner of Ellsworth and

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Front Street. I'm going to go ahead and share the screen for the information that

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is presented as part of this case.

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So this is the revised proposal based on our meeting with the community.

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The original application, the original proposal had the same five units, but we had proposed

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front -loaded garages as part of that proposal.

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So after meeting with the RCO, Pennsport Civic, we were asked to try to relocate the parking

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and provide parking within the units, particularly utilizing a driveway towards the back.

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And the main changes to the original plan is not the size of the units, but rather adding

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this driveway to the back of the five units, which would come off of South Front Street,

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and then maintaining the open space as we go up into the higher level.

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So the difference is that the first floor now would be covered 100 % because of the driveway,

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and it allows a rear entry parking.

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If you look at the layout of the five units, the one on the corner has a slight cutoff on the shape

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because of the lot line, but the others are a consistent size.

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The reason why we're proposing five total units as the way to subdivide is because even with the five units, we're looking at a frontage width of almost 20 foot for each unit and almost 24 foot for the corner unit because of the angle.

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This is consistent with other single -family houses being built or is already developed on the block, both in width and in height and in overall size.

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Having less units or more units would make it less consistent to what is existing there.

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Ultimately, the community also agreed that this is a consistent design.

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The primary concern they had in their letter of support is to make sure that

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the units have the driveway, the one driveway, as a way for the cars to get

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in and out to the parking of the units. These are all single -family houses. I'm

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going to try to shrink this back down to make it a little bit easier to see the

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entire structure. This is a quarter unit. As you can see, there's a driveway

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rear parking. This is the basement level and this is the first floor where the

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living room kitchen unit and then the upper floor is

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kitchen unit and then the upper floor is the master bedroom as well as master bath and

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additional bedroom. The other units which are rectangular in shape are designed essentially

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in a similar format but also laid out in a very similar way overall. The height of these buildings

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are actually lower than the 38 foot that is normally permitted, mainly to keep it more

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consistent with what are the existing three story structures on the block. I'm going to

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try to get to the community's letter which is attached with our exhibits.

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I believe it might be the other direction. I'm sorry if I'm scrolling the wrong way.

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Yes, it's probably on beneath. Hold on one second. I'm sorry. I'll try to scroll quickly.

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This is the pictures of the corner. This used to be used for some time as a

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community center in the past, but has been vacant for some time. So this structure will be completely

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demolished and the five new single -family houses will be put in its

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place. My apologies for the rapid scrolling. I'm trying to get to the

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community letter. Here it is. So the Civic Association voted in support. We

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actually had multiple meetings with them. They did issue a revised letter which we

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just emailed to Sharon particularly explaining that they want to make sure

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we agree to the rear access parking and the one curb cut located on Front Street

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that is of particular importance to the community as far as the change in

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design. The plans that are submitted to the board now are the revised plans. I'll

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happy to answer any questions thank you anyone have any questions if you do so please raise your hand

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nothing at this time chair thank you questions from the board i'm okay

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that planning commission this property is indicated for residential use on the city plan

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based on the revised plans removing the front loaded parking we support the granting and the

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variance thank you ron if i may have my client um verify my please please identify yourself

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uh spell your name for the stenographer please you'll be a miss peggy tang

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Ms. Peng Tang, you can unmute yourself and speak.

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Okay.

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Hi.

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My name is Peng Tang, spells P -E -I -H -O -N -G, last name T -A -N -G.

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Can you also state your address for the record?

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The company address is 1726 South 13th Street, Philadelphia, PA, 19148.

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Thank you. Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you. Please proceed.

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Thank you.

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Ms. Tang, you heard my testimony before the board.

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Can you verify that it's true and correct and adopted as your own?

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Yes, I do.

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Thank you.

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I confirm.

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Thank you.

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thanks all right Carol is it you said it was a revised plan yes these are revised plans I mean

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one page I believe the let me see Mr. Jim can I also ask did you submit the revised plans form

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I will we're actually preparing that right now I'm sorry no but they cannot vote it until that

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is submitted we need to review it and okay ensure that these are the kinds of changes that can be

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made by revised plans okay I can get that to the board to this morning

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actually we're where we have it here so I will get that over within the next 20

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minutes okay and we can hold the vote hold hold hold the vote until we get the

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plans yes okay so you get them to us and revision form yes and assuming that they

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yes and assuming that they are the kinds of changes that can be made without

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are the kinds of changes that can

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be made without further

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further review by L &I the board can vote it then okay to that is that is that

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correct I don't believe it triggers any new refusals it simply revises some of

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the refusals that were already on the refusal itself but I will get the form

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to the board this morning thank you thank you

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all right next case okay calendar number three nine four four zero 2018 fairmount f

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Mr. Anastasio, you have been promoted to a panelist. You can share your screen and speak as you wish.

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Morning, Mr. Anastasio. Do you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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Mr. Anastasio, please identify yourself with a record name and address, please.

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Good morning, Mr. Chairman, members of the board, Vern Anastasio, attorney for the owner, Aaron and Alexander Gray, 2018 Fairmount Avenue. My address is 1315 Walnut Street, Suite 1006, Philadelphia, 19107.

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You swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you. Please proceed.

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Mr. Chairman, calendar number, well, let's get 2018 Fairmount Avenue. I've already submitted

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our exhibit packet. Exhibit A being the refusal. Exhibit B being the plans and renderings.

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Exhibit C being the photos. Exhibit D is a petition from the neighborhood in tremendous

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support. Exhibit E is -

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Are you able to share any of that with us?

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Hold on.

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yes I think I didn't mean to interrupt you but that's okay I thought you had

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I thought right give me one second

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my apologies technical difficulty

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Thank you.

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court's indulgence please no problem no problem i have the download on my laptop i'm just trying

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to figure out how to share it to zoom i confess this is my first zoom hearing so

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tony or some anybody have any advice for him we're going to click on the download

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Law, download the document at the bottom. You click on that and open it up.

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At the bottom of the Zoom? Where it says your letters are Anastasia Law, down at the bottom here.

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I don't see that. Right in the email, you can click on your document.

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Right there? Right there? Got it? Great. Okay, so exhibit A is the refusal. Plans are exhibit B.

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photos exhibit C, petition of overwhelming support exhibit D, we have a deed at

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exhibit E, and tax clearance for the applicant. The application is for an

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artist studio, an arts and crafts business, a gallery, do -it -yourself

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artist creative works, and also a space for art shows and receptions. The

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property is currently zoned RM1. We were refused because the art studio and

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artisanal industrial is prohibited in the district. Let me take you through the

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plans. There's the site plan. This is the existing property. It's right now a

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single -family home. What we're asking to do is have the

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what we're asking to do is have the front of the building be the artist's

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studio and then in the rear there would be an office my clients would be owner

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occupied one family dwelling above the studio there's one entrance to the space

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there's a door at the bottom of the stair that takes you into the second and

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third floor apartment.

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Here's renderings.

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This is the space that we're talking about right here.

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Exhibit C, photos of the property.

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And then photos of the street itself.

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There's heavy -

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Could you rotate those photos on?

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this sunk it is there a way to do that open it right open it up and then I think

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I got it

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see if you um right if you could um yeah take clockwise let's try that here we

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go. Got it. Could you maximize your screen for us please? Of course. Thank you very well. All right

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so now we're so right here is the existing family room and an existing den. This is the front of the

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property. What we'd like to do is for the front room to be the proposed art studio and gallery

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will be a restroom that's already existing and then a proposed office in the back and again my

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clients would be living on the second and third floor and there's the rendering of the of the front

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and there are some photos

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and as i as i was saying the street is heavily mixed which means there is

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some residential but also a significant commercial presence

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That's across the street, and then we have the petitions.

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The folks on the block.

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we have the deed and the tax certifications the hours of operation

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would be 9 a .m. to 10 p .m. on weekdays and weekends however we would like to

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stay open at 11 p .m. when there's art shows we have support from the fair

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amount CDC which I also submitted I may have that again if you need it and we

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have met with the RCO and it appears as though they also sent a letter

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supporting at least in spirit pending a CBA which I believe has come to a

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resolution. Ours as part of a proviso? No I think what Mr. Beller's office is

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representing. Okay all right. Now I'd like to have my client be recognized please

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Erin? And your client is? Erin Gray. I'm sorry, Alexander Gray. They're in there, Alexander.

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Good morning, Erin Gray. Hi, Erin. Please identify yourself, name and address, spell your name for

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the stenographer, please. Yes, Erin, E -R -I -N, Gray, G -R -A -Y. And our address is 2018 Fairmount

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Avenue. Erin, did you hear my presentation? I do. Thank you. Please proceed. Erin, did you hear

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my presentation to the board? Yes. And was it true and correct to the best of your knowledge?

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Yes. And do you adopt it as your own testimony, if need be? Yes, I do. Thank you very much.

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And do you adopt it as your own testimony, if need be?

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Yes, I do.

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Thank you very much.

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With that, I rest, Mr. Chairman.

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Thank you.

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Is there anyone else to testify on this case?

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Yes, Chair, we have Ryan Boland.

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Ryan, you have been promoted to panelists.

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You can now testify.

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Terrific.

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Good morning.

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My name is Ryan Boland.

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My address is 1801 Market Street, Suite 2300, Philadelphia, Pennsylvania.

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I am here on behalf of the Spring Garden Civic Association. I think we're about 10 minutes away

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from reaching an agreement on a community benefits agreement. There's just one word

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that was requested to be removed. I'm waiting to discuss this with my client. I was hoping that if

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we could have this push back a couple on the list that we could then confirm we have a signed draft

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and then we can support this. We also, our support is also contingent upon some provisos.

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So is there a way that we can bump this back a couple on the list so that we can come and support

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this and then read the provisos on the record, Mr. Chairman? I'd rather not do that, Mr. Chairman.

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If you want to just hold your vote until we get you the information, since we've already put our case on.

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Six of one, half a dozen or the other, isn't it?

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If we hold it, hold it till when?

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If we can get that information before we reach this morning session.

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Then you'll vote?

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We will vote it.

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That's all I'm requesting.

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We just want to make sure that this gets signed in the next 15 minutes, half hour.

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Okay.

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All right, Vern, if you'd rather than come back, get it over with.

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Yeah, I'm confident that'll happen.

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Yeah.

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Can I ask that you also send me a list of the conditions that you're requesting?

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Please.

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Yeah, Brian's going to move some provisos into the record, I think.

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Yes.

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Correct.

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I will email them right now to you, Sharon, okay?

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Thank you very much.

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And for the record, I'd like to move my exhibits into the record as well.

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Thank you, Mr. Chairman. So noted. And I guess, Vern, you're going to have to hang around.

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That's fine. We don't know when this material is coming, right? I mean,

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other than what was sent now, we're waiting for the CBA, right?

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We're just waiting for the head of the CDC to agree to remove one word.

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So you might as well just want to hang in there until we get it.

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I think it'll be before you recess the 930 hearings.

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Mr. Chairman, just one quick question. This is Ryan Boland again. Do you want me to read

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the provisos onto the record or is it sufficient that you review them what I've emailed to Ms.

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Soiletta? Well, I think we need to review them. Correct me from wrong, Sharon. We need to know

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which ones are enforceable before we... So you can read them into the record when we resume the

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hearing. Okay, thank you very much. All right, thank you. Thank you all. Thank you.

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calendar number 39461 2514

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what's his number

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Mr. Bolin you're still on okay

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okay do we have anyone for calendar number three nine four six one so it

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takes a minute okay Mr. Overhill you've been promoted you can share your screen

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and you can speak as necessary good morning members of the board good

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morning Leo you agree to waive the reading of its refusal and stipulate to

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it's accuracy? I do. Thank you. Name is Leo, L -E -O, Mulvihill, M -U -L, V as in Victor, I -H -I -L -L.

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Address is 2424 East York Street, Suite 111, Philadelphia, 19125. Mr. Mulvihill, you swear

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and affirm to tell the truth, the whole truth, and nothing but the truth. I do. Thank you. Please

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proceed. Good morning, members of the board. I'm here today on behalf of Thomas and Barbara Barnes.

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There are homeowners in the old Richmond section of the city, which for those of you who are not familiar, is just north of Fishtown, just south of Port Richmond.

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The property in concern today is actually their residence.

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And in sum, what they're seeking to do is take their lots, as they own two of them, the 14 lot and the 16 lot are one deeded lot.

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the 14 lot and the 16 lot are one deeded lot and then the 18 lot is the other deeded lot that

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And then the 18 lot is the other deeded lot.

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contains their home and they want to combine all those together into one lot and on what is going

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to be formally known as the 18 lot they just want to put leo do you have do you have any uh

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plans or anything you could share with us oh absolutely and essentially i'll put that up in

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a moment and essentially all they're looking to do is put two small additions onto their property

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and that's going to allow them to have a mudroom and to expand their dining room area.

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I'm currently seeking to share the plan right now.

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Please let me know if you're all able to see the plan.

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Yes, Leo.

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Okay.

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So first, I'm going to scroll up to our proposed consolidation plan.

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So members of the board, I'm indicating with my cursor right now.

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I hope you all can see this.

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Right here, this is the existing actual house structure of the barns. Their home is located here.

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They have a small shed located at the rear here, and they're seeking to consolidate these two

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lots into one lot. I'm going to zoom now into the proposed property dimensions with existing

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physical conditions so we all get a better look at that. And you'll note that on this exhibit,

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I've indicated two areas in orange. They're not to scale, but that's just to show on the site plan

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where our proposed new structures are going to be. So members of the board, I'm indicating to

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the right of the plan. You see the three -story brick home indicated here. This is actually the

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house structure of the barns. It's a traditional Philadelphia -style row home, three stories, two

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stories, one story frame structure in the back. To the rear facing Webb Street is a one -story

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stucco. I guess we can call it a garage -type structure. It's used for storage. Then we have

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a one -story masonry garage that already exists facing Edgemont Street to the bottom. So this

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whole entire L -shaped area looks kind of like a Tetris piece. This is all their property. For

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purposes of this property, for this application rather, they wish to consolidate all this into

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one lot, and in these two orange areas, here to the top, small addition for a mudroom,

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here to the side, small addition for a new dining area.

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This open area that I'm indicating right now with my cursor, which is noted as concrete

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and pavers, is essentially their interior lawn area.

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It's their backyard, they go out, they have coffee, I have photographs of that in my exhibit

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packet as well, if you'd all like to see that.

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I'm now going to move down to the second page of this plan.

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So members of the board, first, I'm going to zoom in at the bottom.

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You see the Edgemont Street elevation, as I discussed.

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This is the existing three -story structure.

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And this, to the rear, is going to be the new addition for their kitchen area.

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It's just shy of 12 feet wide, just shy of 12 feet deep, and about 10 feet, 9 inches tall.

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It is not located directly on the street line.

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it's located to the rear of their house structure. And again, this is a rear elevation of the home

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as it currently exists along Edgemont Street. This would be the new construction for the new

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dining room area. This here would be the new construction for that mudroom that I mentioned.

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It's about 11 feet tall, 7 feet 2 inches wide, nothing terribly large.

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As we go to the first floor plan that I'm indicating here to the upper right -hand side,

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this that i'm circling right now with my mouse cursor is the existing

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home structure they again this is the new dining area they wish to have built on

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their property this is the new laundry room area that's

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really it members of the board they're just seeking to get a little bit more

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room in their tiny home i'm going to stop the share of the

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plans and what i'll do now is i'll share the

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package just for purposes of the record

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do you have a witness i believe my clients both barbara and tom barnes may be on the line

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mr and mrs barnes are you present you are please raise your hand so that tony can recognize you

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are thomas barnes you've been allowed to speak you can unmute yourself

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okay good morning mr barnes uh please identify yourself name and address for the record spell

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your name please thomas barnes b -a -r -n -e -s 2518 east edgmont street thank you just swearing a firm

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to tell the truth the whole truth and nothing but the truth i do thank you mr mulville sure

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now mr barnes you've heard my testimony today with respect to your property yes i have is there

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Yes I have. Is there anything you'd like to add at this time? No nothing at this

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anything you'd like to add at this time? No, nothing.

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time. And you otherwise adopt my testimony as your own today for purposes

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of this hearing? I do. Thank you. Now members of the board just for purposes of

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the record I'm now showing the cover page for my exhibit packet showing the

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refusal appeal and project information form at page one. Area zoning maps at

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page six. This is a RSA 5 district. My clients deeds are at page eight. Tax

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clearance is at page 18. Our RCO notification letter is at page 19. The letter from the RCO,

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Old Richmond Civic Association, is at page 22. We did have a meeting with them, I believe,

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back in February, and the vote was in support. I have photographs at page 23 of the multiple

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postings that we made on this site, as well as interior photos of the Barnes' home, if you care

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to lose those, and photos of the courtyard area as indicated on the plans where the Barnes intend

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to put these new additions. And with that address, I'd happy to take any questions at this time.

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Thank you. Is there anyone else who wishes to testify on this case?

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There are no hands up at this time. Thank you, Tanya. Questions from the board? No. No.

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Planning Commission. Yes, this property is indicated for residential use on a city plan.

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Given the general site constraints, we have no objection to the granting of the consolidation variance.

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Thank you, Ron.

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Calendar number 39461, 2514 -2518 Edgemont Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you, members of the board.

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Have a good day.

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Good luck.

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Thank you.

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Calendar number 39680, 33 East Woodland Street.

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Is there an attorney or an applicant?

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hercules you've been promoted to a panelist you can now speak

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good afternoon members of the board good morning mr griecos do you agree to waive the reading of

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its refusal and stipulate to attack her seat i do agree to waive the reading there is one error

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on the refusal which I will get to in part of my presentation if that's okay. Thank you. All right

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Mr. Grigos please identify yourself with the record. Thank you. Hercules Grigos, 1835 Market

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Street, Philadelphia PA representing JSF Management LLC, equitable owner of the property located at

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33 East Woodlawn Street. We're here today with an application for construction of a self -storage

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facility. I have with me today Randy Jones from JSF Management LLC, Equitable

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Owner Developer, as well as Devin Gray of JKRP Architects, the project architect.

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Mr. Grigos, you're swearing for him to tell the truth, the whole truth and nothing but the truth.

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I do. I'm going to try to shoot my screen.

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Could you ask your witnesses to raise their hand, please?

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yes Devin and Randy please raise your hands can everyone see my screen yes we

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can yes we can and my email is not showing right look at the right thing

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up. Okay, thank you very much. We're just waiting to promote Devin and Randy, but in the meantime,

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I'll get started. This property is approximately 30 ,000 square foot lot at the corner of Woodlawn

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and Kenyon Street, which is right behind the corner of Germantown and Chelten Avenue in the

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city's Germantown section. Let's see if I can scroll. You can see the property here along

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Kenyon and Woodlawn, and if you could see my cursor, Chelten and Germantown, to give you the

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context, Cheltenham and Germantown, I'm sorry, Chelten and Germantown being a more commercial

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corridor, and I'm just going to scroll all the way down to the, let's see, the

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Let's see the zoning map. This is the corner. It's zone CMX3, CA1, down Cheltenham, Caddy Corner to I2, CMX2 .5 around us. So Caddy Corner is sort of an industrial zone. I'm just going to give everybody that context.

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So here's some site photos. As you can see, it's an open -air parking lot. We have a 10 -story building directly adjacent to us, shown here, the Rolls building, which is at the corner of Germantown and Chelten.

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and then across Woodlawn we have social services uses down Kenyan there's the industrial uses so

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just to give you a sense of where we're at and of course the retail along Cheltenham and Germantown

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when looking at the context developer thought this was a great location for self -storage use

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the site is owned CMX3 which allows for dense and tall buildings consistent with the context

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of the area development team felt it was a great location for self -storage as self -storage is a

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great transitional use and buffer from industrial to retail as it's low impact but you know is

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quasi -industrial and retail just want to get into the procedure we had a number of meetings with

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faith and love rco which is the coordinating rco for the area we had two public meetings

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which were well attended, as well as additional meetings with the leadership.

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Other RCOs from the area also attended these meetings, and you will note from Faith and

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Love's letter of support, there was overwhelming support.

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The project went through CDR.

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Changes to the plan that were requested as part of the process were reductions in setback,

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changes to color, removing landscaping, and I'll get into those details.

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I've submitted plans to the solicitor with those changes, and if the board is inclined to grant them, we'd ask that they approve that proviso plan.

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Additionally, we've been talking to the neighborhood to try to, and to work with the trades, to hire locally from the neighborhood.

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And we've also talked to the Germantown Historical Society to see if we can include some historic photos and incorporate that somehow into our project or some work in our glass.

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So this is the property, as I said. Here's the site plan. This is Kenyon Street, and this is Woodlawn Street, the 10 -story building being back here.

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the red line shows the original plan and the setbacks that we created here's a

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ground floor plan showing our parking loading as well as the storage as we go

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up to the six -story building here we are in context the existing buildings to our

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rear across woodlawn and then the large building at the corner of Chelten and

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Germantown and additional views of that. Here is the rendering elevation showing addition of

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additional glass panels and spandrel glass. And here we are in context. You can see the large

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buildings in the area and we're sort of tucked back off of Chilton Avenue. Back here are the

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industrial uses and sort of surrounded by some social service uses as well um here's the rendering

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looking from chelton avenue um so we're set back off of chelton but you know uh we're prominent

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and visible um you know well lit etc this was the original color scheme uh that was more of a gray

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and charcoal um at the request of the neighborhood uh this more brown earth tones was requested and

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change was made sort of consistent with the color and context of the neighborhood.

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And here's another vantage point down Woodlawn and Kenyon. But I'll just go into project is

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six stories, approximately 130 ,000 square feet. We're proposing 12 parking spaces, which is the

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board I'm sure is aware is more than enough to handle the minimal traffic and parking needs of

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self -storage facility. Additionally, we have three loading spaces. Hours of operation are approximately

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9 a .m. to 6 p .m. This is where there is on -site management. There's also key card access from 6 a .m.

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to 10 p .m. Access is not granted after 10 p .m. or before 6 a .m. In addition to lighting, there will

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be security cameras which will improve security around the site. Typically, a site like this has

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two to four employees at one time who handle everything from renting lockers,

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We handle everything from renting lockers, selling boxes, to maintenance and cleaning of the facility.

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selling boxes, to maintenance and cleaning the facility.

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If I may go quickly through the refusals, I'll just scroll up.

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And I'll just go sort of out of order here.

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But I stated the site's own CMX3 self -storage is used.

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It's not permitted.

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However, as I've mentioned previously, we think this site is ideal for self -storage

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as we're situated near tall buildings off the retail corridor and then industrial uses

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adjacent to us. And we think the self -storage is a great buffer between those uses, especially

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considering that it's currently used as just an open -air parking lot. There was a refusal for

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van accessible spaces, as you can see. I believe this was always included in the plan, but it was

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not well identified. So in our revised plans, we've identified the van accessible space. So

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of the size of the building and CMX3 we're required to have three code compliant loading spaces which

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need to be 40 feet deep. Our loading spaces are 30 feet deep which we think is more than adequate

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for the type of use and loading that we have consistent with our broad self -storage experience.

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Typically what you have is you know box trucks, U -Hauls, moving vans that utilize those loadings,

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not 18 wheelers that are contemplated for this 40 -foot deep loading.

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Next, there's a variance for accessory parking, and as the board knows, in self -storage,

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it's a one for 2 ,000 square foot spaces, which would require 66 spaces.

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As you know from other self -storage projects, that many spaces is just not required.

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we're providing 12 spaces plus the three loading, which is more than adequate. I think in the packet

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that was submitted to the board, there is a parking study that confirms that just for the record.

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Finally, we have variances for signage. And this is where I believe the refusal is an error. The

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refusal states that signage cannot exceed 100 square feet. We're proposing 140 square feet.

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However, I turn your attention to section 149042 of the zoning code that basically says

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you're allowed six square feet per lineal foot on the long building frontage and four

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on the short.

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Quick math, I think that would allow us to have about 600 square feet of signage.

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So I think this was just issued in error.

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We're well below what we are permitted in a CMX3 for signage.

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The final variance is for the signage being above the second floor, but we think it's appropriate to identify the building, especially with the uses in front of us.

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And these signs, I think, are more like building identification signs, but visible from the street.

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So we believe this is the minimum relief necessary will not alter the essential character of the neighborhood.

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the mixed use of retail industrial and social services is a great buffer between those uses

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will not impair appropriate user development or adequate light narrative adjacent property

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nor will it substantially increase congestion will not be detrimental to the neighborhood

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as evidenced by our letter of support and I'll just flip that up on the screen about 20 people

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attended the voting RCO meeting and here are the facts it was a overwhelming support

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and here's our letter which should be in the record

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and I believe that we also

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I believe the councilwoman's office is here and my understanding is they're

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in support of the project as well but I will just ask Randy

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Jones to be sworn

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and ask him if he's heard my testimony and if he adopts it

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as his own.

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Raise your hand if you haven't already.

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Yeah, sure. Randy Jones, R -A -N -D -Y -J -O -N -E -S.

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We're infirm to tell the truth, the whole truth, and nothing but the truth?

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I do, sir.

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Thank you, sir.

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Randy, have you heard my testimony, and do you adopt it as your own?

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I do.

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And Devin Gray is here to answer any questions, the project architect, if that's helpful for the board.

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Any other witnesses at this time?

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Anyone else wish to participate?

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We have Charles Richardson from the council office.

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Charles, you can unmute yourself and speak.

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Morning, Mr. Chair.

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Charles Richardson.

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I'm sorry, you finish and then I'll swear you.

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Sorry.

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Charles Richardson, Office of Councilwoman Bass, R -I -C -H -A -R -D -S -O -N.

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Richardson, you swear and affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you.

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Please proceed.

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I was I'm here to let let the board know that councilwoman has no objections

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to this granting of this variance. Thank you very much. Thank you.

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to this, granting of this variance.

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Thank you very much.

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Thank you.

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Anyone else wish to testify in this case?

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Please raise your hand.

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We have Allison.

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Allison, you can unmute yourself and testify.

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We also have Inez Love. Inez, you can unmute yourself and testify.

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Yes, I'm Inez Love from Faith Community Development Corporation. We're the coordinating RCO in the project.

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

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Yes.

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Please proceed. Thank you.

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We're here to support the project as an RCO and representatives of the community.

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We did have several meetings with the developer.

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We discussed and the developer do up a CBA for the community.

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My question is, does that CBA go into the record?

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And if it does, does it go in as a CBA or as a provider?

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All right, would you repeat that?

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We entered into or discussed the CBA with the developer.

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My question is, does that CBA go into the record as a CBA, or does it go in as a provisor?

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My understanding is we did put together a community benefits agreement with members of the community.

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and i believe that the the specific changes to the plan are reflected and i believe that the

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other issues in the community benefits agreement or in that contract such as the local hiring etc

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and other things that we agreed to in that cba but that's my understanding of how it works

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i believe you're correct sharon any comment

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We put all that writing and we stand behind it.

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Does that go into the record?

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I can say that the kinds of conditions that you're describing as being in the community

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benefits agreement are not conditions that the board would be able to add as provisos

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to its decision.

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So the Community Benefits Agreement would be independent, but I assume enforceable.

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Yes. However, the plan, the things that are in there, such as the increased setback that Ms. Love and her group asked for, they are in the record, in the revised plans.

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The change in color, which is in the plans, are in the record.

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So I think those items are reflected.

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it the other non -zoning items are in the agreement. Yes, I agree, Herc. I misstated

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that. Anything that is enforceable as a zoning issue is included in the revised plans, and

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that will become part of the record, and you will be required to comply with that.

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Any other questions from anyone? We have also Allison.

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You can speak now.

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Ma 'am, we're having difficulty hearing you.

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Yeah, Allison, you're breaking up.

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So we're not going to be able to hear your testimony.

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Maybe if you try to...

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Allison?

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You can call Sharon Saleta, and she can put you on speakerphone if you want to put your testimony on that way.

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Otherwise, we cannot hear your testimony.

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Yes, Allison, I'll be waiting for your call if you'd like to call me to have my number.

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But we can't hear your replies.

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Well, I'll just say for the record, we did have numerous discussions with Ms. Weiss as well, and she helped facilitate the discussions with the Germantown Historic Society, and we're continuing those discussions to see how we can incorporate some historic pictures, whether it's in our glazing or in our lobby, to have that as part of the fabric.

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She also requested to see if it was possible to have maybe an Amazon box locker location.

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to see if it was possible to have maybe an Amazon box locker location.

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We reached out to Amazon.

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They did not show any interest, and I think in speaking with the coordinating RCO,

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they thought it was best to have any of those commercial uses on the commercial corridors on Cheltenham and Germantown,

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which are probably feeling some pressure in the post -COVID world.

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um uh additionally um i think she raised a question about a um a tree on the site

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uh our engineers looked at that uh and confirmed it was not a heritage tree it didn't meet the

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species etc so um those were issues that we did raise um and we did have discussions with miss

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weiss and her group and i believe she attended one meeting and did not attend the second right now

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I'll just do it by phone.

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Sorry.

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I have Ms. Weiss on the phone.

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She is going to testify.

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Allison, are you there?

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Yes, I'm here.

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Can you...

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Ms. Weiss.

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Yes, Allison Weiss.

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Ms. Weiss, please spell your name for the record.

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A -double -L -I -S -O -N -W -E -I -S -S -S -O -M -O -Germatown Civic Association.

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

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Yes.

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Please proceed.

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Yes.

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I'm here to kind of question the development.

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We have many questions on why, after the Northwest Comprehensive Plan 2035 identified this area as transit -oriented development because of its proximity to the commercial corridor and the downtown train station, which is less than 500 feet, that this development would be proposed and accepted.

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Community members are concerned for the need of a storage facility, although it has assured us that there is need.

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Again, we propose something that's more pedestrian -friendly and question for a facility that's supposed to have storage, not having the proper loading zone, how that would be acceptable.

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Additionally, we have not seen the community benefits agreement, and we have not solidified

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the discussions that we have been having with regard to some of the proposed community benefits.

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So I'm not sure that we're ready, and we have not reached a consensus.

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Ms. Boyce, what's your address, just for the record?

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4908 Wayne Avenue.

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That's where you live?

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9144, yes.

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So, 4908 Wayne Avenue. And how far is that from the site?

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It's several blocks, but we're the RCO, and we are overlapping to that area.

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So again, Ms. Weiss, would you just please briefly identify what the outstanding issues

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are on your side?

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The landscaping that we have been discussing hasn't reached a decision on or hasn't reached an agreement on.

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We were told they were not able to put in any tree trees, but in fact there seems to be more than able to put in some tree trees.

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I think I heard you say you had an issue with landscaping and something about trees.

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Right.

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We have asked for street trees to be planted along the streets.

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We have two streets.

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We have a facing on the property.

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Kenyon Street and Woodland Street.

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so i i just want to respond this was

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so i just want to respond let's make it one at a time well if i may mr chairman this was

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very heavily discussed with the coordinating rco and miss love and the request of the community

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and the community surrounding the area and the coordinating rco which was identified in our

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overwhelming support was to remove landscaping to widen the widths of the sidewalk you'll note that

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the existing sidewalks footways are about five foot wide we've set the building back to have

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nine and seven and a half foot footways and that was the debate between landscaping versus an

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increased footway and the decision by the near neighbors and the coordinating RCO was to

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was to have more pedestrian access to make this a safer space than trees and have it well lit

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um additionally i just want to note that um you know this this weiss is about a 24 minute walk

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from here so i object to her standing um even as a as a neighbor um from where she is and and i

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think the record is clear that the near neighbors and miss love was very um uh meticulous in making

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sure that those who voted were um you know uh proximate to the site that's shown in her

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meeting summary was overwhelming to support this. Thank you. In terms of community benefits

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agreement, I mean, we dealt with that. That was with the coordinating RCO, and that's directed

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by the Councilwoman's Office. And, you know, all that being said, we did work very hard to meet

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with Ms. White and respond to her concerns. So, however, you know, we took this to the community,

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We took it to the RCO, and the decision was to support it.

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And I'll also just say in terms of self -storage and the use in speaking with the seller of the property, they had marketed this property considerably.

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There was no desired use for multifamily or something consistent with CMX3.

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It's sort of next to an industrial property.

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And that was the indication that they got the self storage was an appropriate use.

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Thank you.

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Are there any other witnesses?

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I would also like to question about the loading space.

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Sure, I can respond to the loading space.

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No, no, no.

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Hold on.

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Hold on.

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We're allowing witnesses to have two minutes, beyond the two minutes.

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So any other witnesses?

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Anyone else wish to testify?

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Please raise your hand.

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Oh, one new.

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Thank you.

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All right.

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Did I hear you say earlier, Herc, that there was a revised plan?

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There is a revised plan.

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It shows the setbacks, and that was sent to Sharon.

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How many pages?

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I believe it is two pages.

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Is that correct, Sharon?

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Two pages?

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Sharon, you can unmute yourself.

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one minute this um i'm sorry i still had allison waste on the phone the yes i did receive the

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revised plans um and how many pages was it her just one just double check i believe it was two

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pages okay i have an elevation and a site plan if i'm correct i remember there being a site plan

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if you want the elevation stamp too yeah I think it's just it appears to be just one page of this

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site plan all right one page all right okay questions from the board

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this application has completed the this applicant has completed the cdr process

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a letter was submitted for the record on june 12 2020 to the board at its meeting on june 9th

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2020 civic design review completed the cdr process and offered the following comments

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the cdr committee was appreciative of the efforts to provide more generous sidewalks however they

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felt more could be done to give a more spacious public realm since the developer has full control

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of the block. The committee encouraged the team to continue to pursue

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opportunities to bring other amenities to the project such as street trees and

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sustainability improvements like solar panels. In addition, we

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in addition we recommend that the accessory signage be in full compliance with the code

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recommend that the accessory signage be in full compliance.

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thank you uh perk what was the rationale of not putting any trees in again i mean i know that i

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think the sidewalks personally nine and a half ten foot is pretty wide yeah we we had i think

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the design it was a five foot and we had on wood long we had a landscape area and i'll see if i can

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zoom in on this on the site plan we had the landscape area here and it was determined that

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we should take that out um to have a wire so instead of a five foot uh walkway we could get

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to seven four and we could get to nine um over on kenyan because it is but that was a contiguous

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Which kind of landscaping was that it was it was along here. There was landscaping when they thought it was just better and safer. Now there may be an opportunity. We have this as a lawn area. And I believe that one of the discussions that we're having was potentially adding additional landscaping to the rear. But there's a question of whether it will grow there. So again, not not a zoning issue, but we're going to look at that in this rear area here adjacent to this building.

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and we have it just shown as sort of a grass and lawn area,

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and we could probably have an opportunity for some landscaping there.

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Again, what was the opposition to putting trees along whatever side that

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which street is that?

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Woodlawn?

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On woodlawn here?

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I think the idea was that if we put trees on woodlawn,

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or if we put landscaping or shrubs, you only had five foot of walkway.

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I'm not talking landscaping.

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I'm talking trees.

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Well, street trees, we're happy to do.

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The issue is we have an application in for street trees with streets and parks and rec.

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The concern is that it's really up to them to see if they will allow the trees.

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As you know, a lot of it goes into that, whether it's with their utilities, their street furniture, et cetera.

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So we've made an application for Street Trees as part of our project.

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We just are not confident that the streets department will approve that because of the narrowness of that street.

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But should they approve, you will comply, correct?

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Of course.

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Of course.

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Thank you.

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All right.

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And I just want to be clear.

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I misspoke where there are two.

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There is an elevation that needs to be stamped as well.

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So there are two pages.

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Two pages.

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Okay.

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I know I asked questions.

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I got Ron.

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What's this calendar number again?

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I've misplaced, Mike.

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Three, nine.

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Yes.

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Three, nine, six, eight, zero, 33 East Woodland Street.

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I'm sorry.

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Three, nine, six, eight, zero.

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Correct.

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All right.

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33.

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Okay.

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All right.

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Calendar number.

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Three, nine, six, eight, zero.

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33 East Woodland Avenue. My vote is yes

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with a proviso. Revised plan, two pages

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accepted and approved by the board today. Yes, with proviso.

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Yes, with proviso. Yes, with proviso.

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Good luck. Thank you very much. Appreciate your time.

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Thank you.

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Calendar number 39652752

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Hold on, confessor.

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Confessor, hold one second.

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I see Mr. Bolden.

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Mr. Chairman, we're ready for you.

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All right, let's get back on the record, correct?

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Correct.

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We have Mr. Anastasio on.

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Vern, if you're there, please raise your hand.

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hello mr chairman good morning again um okay mr boland yes mr chairman again uh ryan boland and

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i represent the spring garden civic association we're happy to announce we reached a community

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benefits agreement with the applicant here the only real wrinkle was um whether or not any of

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some of the restrictions, whether they would be binding upon any future owner, because this is

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kind of a vague zoning category, being a artisan industrial as far as what are the use of small

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hand tools, small light mechanicals. So we really wanted to define that so that any future use,

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it isn't exceeding what we have agreed to now. So in light of that, our community

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what we have agreed to now. So in light of that, our community benefits agreement

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And the.

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has requested that the applicant support our request for eight different provisos.

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I have emailed those to the board. Would the board like me to briefly summarize those?

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I think so. I don't have them unless you can send, you sent them to Sharon?

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I sent them to Sharon and the RCOZBA email address.

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All right, let me ask Sharon, are there any of those provisors that are not enforceable?

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I'm sorry, I'm trying to open them now. I have, let's see.

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Or just give us those that are enforceable. Either way, whatever is easier.

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All right, I've got a blank email here. Can you read them into the record? I'm sorry to put you to the trouble.

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Yeah, take them one at a time, Mr. Boland, then we'll just figure out which ones are enforceable.

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Thank you. I'll try to read slowly.

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Number one, owners may use the first floor of the property for an art and craft business offering related products and services, including but not limited to artist studio and art gallery, the sale of art and artist supplies, art classes, a space to hold art receptions and shows,

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and as a walk -in venue for do -it -yourself artistic creations by the public and no other commercial uses.

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Number two.

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Hold on one second. Just hold one second, Mr. Bowen.

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Of course.

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Is that?

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That will first have to be summarized and second, if they are only approved for the first floor use as an artist studio,

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there's no need to add a proviso saying that no other uses will be permitted that's a given

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but again that would have to be summarized we can't put that on a permit or ask L &I to enforce

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it in that form. These provisos by the way Mr. Chairman are all subject to the CBA already

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which I think would be more enforceable than leaving it up to L &I to enforce but

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that's neither here nor there. It's all the same. And again, the only reason we're doing this is

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if the property sold to someone else, they might come in with something that's really offensive

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to the neighbor. Understood. Understood. All right. Let's go to the next one. How many do you

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have? There's eight and they get shorter as I go. I promise. Number two. You sound like

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city residents. Go ahead. All right. The allowed uses on the first floor may include displays of

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artwork, storage of art materials, the sale of art and art supplies, light mechanical equipment,

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and the use of kilns, pottery wheels, tables, and other areas for painting,

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and the creation of other artistic items. Kind of similar to the first one? Somewhat.

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I don't know how we're getting all this on a permit, but yeah, you're not going to be able

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to get all the permit. And I'm not sure how much it adds to the simple use that is permitted under

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the zoning category. If I could interject too, Sharon, all of these provisos won't go into

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our database for the decision as well. Let me continue, if I may. These are shorter now. Any

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electric tools shall run quietly and shall not be audible outside of the property when in use. And

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again, that goes to the issue as to what type of mechanical tools are being used.

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Now, L &I is not going to go out to the property and do an inspection to see what kind of mechanical

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tools they're using. If it is audible to the point where it is offensive, there is probably

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another way to enforce that. Air management would address that.

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number four the first floor may also be used for social events related to the business

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including artist receptions and art openings that might actually extend what is permitted

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by lni again i think that has to be their call number five is hours of operation the hours of

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operation for the first floor uses um shall not begin earlier than 9 a .m weekends and 9 a .m

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weekdays and shall not be later than 10 p .m. weekdays and 10 p .m. weekends, except social

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events related to the business can be extended until 11 p .m., which is very generous.

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Okay, right. I think that that one we can do.

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Yeah, I've already read that into the record as well.

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Okay.

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Yeah, that was in there earlier.

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All right, the second to last one.

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There shall be no outdoor speakers and no music played at the property.

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That is audible from the exterior.

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yes sir i don't think you addressed that one but we we could we have no one yeah but we've

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Yes, sir.

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we've agreed to that provision in the cba so we you know we're fine we can always add one saying

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no music audible outside of premises and number seven is just that there shall be no cooking on

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the first floor of the property except the use of a microwave.

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Yeah I don't know how you enforce that one but

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okay that's fine. Mr. Bullen is doing his job. I know he is

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but by the way Mr. Chairman if I may my client I know this is already in the

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record but my client would like to be able to

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share via screen the Fairmount CDC support letter. Would you

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allow Ms. Sunkit to do that briefly? Yes, please, briefly, yeah.

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Ms. Alexander Gray, Ms. Sunkit.

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Okay, he's been promoted to a panelist. He can share the screen as necessary.

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Thank you. Aaron? Yeah, you've already been sworn in, so please proceed. Oh, there you go.

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Would you like to share the screen with the Fairmount CDC letter, Erin, please?

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Here it is.

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Wonderful.

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Again, this is a duplicate that's in the record already, but we did want to share it officially.

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Thank you, Erin.

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I move that into the record evidence as well, Mr. Chairman.

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Can I suggest that at the end of the hearing, we hold the vote until the beginning of the

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two o 'clock session and that before that I talk with both attorneys and summarize the language

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for the provisos. That will be very helpful. Very well. To the grades, we're going to approve

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this. We just want to get the language straight on the provisos. Thank you, Mr. Chairman. Enjoy

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your lunch. Be fine. Finally, Mr. Chairman, I don't know if Mary Jones from Council President

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Daryl Clark's office is in the on the panel but since we've secured now the support of the

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coordinating RCO if she is present I would ask her to weigh in. Ms. Jones if you're there please

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raise your hand so we can recognize you.

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does not appear she's in attendance yes she's in attendance oh she is okay good

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you're completely recovered from COVID -19 yes I am Frank thanks for asking good to hear now I'm

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just not leaving the house I don't want it again I understood okay no longer present she was

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so we'll continue this to the two o 'clock here and we'll have it all resolved Sharon I'll get

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on it and uh we'll approve did the grays have anything else you want to add no we don't thank

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you okay thank you and good luck to you thank you thank you we'll go to the next case thank you all

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thank you calendar number 39652715 north 20th street

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Steven you've been promoted to panelists you can now testify okay my name is Steven Dudek

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I'm the owner and resident of 715 North 20th Street

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and my lawyer mike mattioni should be on as well hey steven while we're waiting for mike

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do you swear and affirm to tell the truth the whole truth and nothing but the truth

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i do and i'm getting a phone spell your full name for the stenographer please okay

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Okay. One second. Mike just called me. Never mind. And my name is S -T -E -P -H -E -N -D -U -D -E -K.

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Mr. Mattione on?

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I believe I'm on, Mr. Chairman.

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Okay, Michael. Good. Please identify yourself.

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Good morning. You agree to waive the reading of its refusal and stipulate to its accuracy?

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I do and it's going to tell the truth the whole truth and nothing but the truth I do

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I do.

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Please proceed, Michael.

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please proceed like Michael Matti on the MA

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Michael Mattioni, M -A -T -T -I -O -N -I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia.

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And you've obviously met Mr. Dudek already.

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And this is in regard to 715 North 20th Street, and I did submit exhibits to Sharon Saleta,

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and they include things like the site plan, the map showing surrounding properties,

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photos of the property, photos of the remainder of the street.

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Hopefully I can share the screen.

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Of course it's not coming up the way I want.

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There it is.

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Okay.

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Anyway, and...

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the certificate of service for the community meeting, letters of support from the neighbors.

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He has three neighbors. The one property is a two -unit condo, and that's the Jan Julio and

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Glendening, and then that's at 713, and then at 719 North 20th is Christopher and Yvonne Gale,

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they both submitted letters of support as well what we're seeking to do this is a simple little

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application we're seeking to have front -loaded parking on this property which is what everybody

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else in the block has there's 40 properties on the 700 block north 20th street excuse me

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and all but five of these properties including 715 north 20th have front -loaded parking so 35

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of 40 properties have front -loaded parking. However, the other properties, 702, 704, 723,

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and 737 North 20th do not have front yards, so they can't have front -loaded parking.

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But every other property on the street has front -loaded parking because they have front

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yards, and this was back when they were built a long time ago in the mid -70s mainly. And as you

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can see this is the subject property uh and then there's one of the neighboring property that's 713

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and that's again 713. michael could you rotate the screen i will

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try to do that i'm having i'm right there with uh i guess with mr mulvihill or something

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the same problem is this I don't see that so take the screen icon on my screen

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hold on maybe it's here under view right I got it okay where's routine right at

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the top oh yes thank you kind of the one right in front of me oops that didn't

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work

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there we go so that's the subject property then this is the the remainder of the

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street um there's there is two of the properties that don't have front loaded parking as you can

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see they're built out and from that photo you can see all the other properties that do have

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front loaded parking um and this is going down the block and then

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on the other side of the street as you can see there is also

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just front -loaded parking. Every single property but the four I singled out

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has front -loaded parking. That is just what you have and our property is a

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single -family property just like most of the properties on the street. There are

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some multifamily. At one point in time this was zoned RM1 so they built some

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multifamily on the northern end and there's our zoning posters and there's

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just showing the properties where we are and the other properties that those two here don't

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have parking. We don't have parking, 723 and 737. Everybody else has front -loaded parking.

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And again, we're the only property in the entire block with a front yard that does not have front

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access parking, so we're asking to have the same thing that everybody else has on the block.

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and it will eliminate having and the neighbors the immediate neighbors 713 and 719 they both

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They both support this because they have problems with people

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support this because they have problems with people who try to park on the legal

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who try to park on the legal street parking in front of our property

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and ends up blocking their parking spaces.

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So they support our parking because it will make it so that they're not blocked.

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Right now they get blocked when they try to park sometimes

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because people park on the legal street parking in front of our property

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and ends up blocking 713 or 719.

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So by removing and making us have the same parking that everybody else has,

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that will eliminate that on -street parking and make it so that 713 and 719 have better

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access to their properties.

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And I just want to scroll down.

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And Mike, if I may interrupt for a second, Chris Gale, he is the resident of 719 North

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20th, and he has just joined.

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Chris, if you can raise your hand at the bottom of the...

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We'll get to him. We'll get them as soon as Michael finishes his presentation.

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OK, thank you. The RCO took no position on this case.

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There was 10 people in support, nine people in opposition and one person with no position.

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That was. Their position of no position on the case.

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just trying to see if i had their their vote numbers thought i did anyway um and i had letters

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from the nearby neighbors as soon as i can pan down to them oh here's the vote i'm sorry here is

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okay there's the vote from the RCO and as you can see they did not reach agreement on the application

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I think of importance is that the nearby neighbors there's our deed the nearby neighbors

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all support this, meaning that the immediate neighbors, and here's a letter from the owner

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of 713 Unit A in support, a letter from 713 Unit B in support, and a letter from Mr. Gale,

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who I believe is with us. Also, he and his wife are in support of this application.

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This is a unique situation. The photos show what's presented on the street, that everybody

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has a front -loaded spot except for this property. This creates an unnecessary hardship because we're

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the only ones that don't have it, and it causes problems for the neighboring properties.

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This condition was not created by the applicant. He bought the home. It's a single -family home,

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And it will not alter the character of the neighborhood, but will allow the property to actually be used in conformity with or of the same character as the remaining properties.

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For this reason, you know, we are requesting that the variance is granted and that the parking space is permitted, just like everybody else.

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And what I'd like to do with, you know, my Mr. Chairman is to have Mr. Dudek confirm my statements as being true and accurate.

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please proceed and he's already been sworn in he's been sworn in

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uh yes i do so they're true and do you adopt them as your testimony yes

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and uh i would like to move the exhibits into the record mr chairman

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and uh if mr gale is online i guess he can testify as to his position which is in the

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letter already yeah i mean nothing that it's not necessary but if he's on we'll give him a minute

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sure if you'd like to testify i'm sorry

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mr gail gail yes i'm here please identify yourself with the record spell your name for

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the sonographer please sure my name is christopher gail c -h -r -i -s -t -o -p -h -e -r last name gail g -a -l -e

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I reside on 719 North 20th Street.

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Swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed.

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Yes.

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So as the letter states, I live next door to Mr. Dudek.

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His property and mine, we share a fence, actually.

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And I do support his application to allow the parking.

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One, because all of the houses in that part of the block, all of us have front yard or front parking, which is part of the reason that.

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All of us have front parking, which is part of the reason that my wife and I decided to rent our property.

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But also, as stated, the fact that he doesn't have that does create a parking problem for us.

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We often have people blocking our driveway because they're trying to squeeze into the space that's there right now.

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And for whatever reason, don't seem to mind or don't seem to want to block Mr. Dudek's property or his property, but they don't have an issue blocking our driveway.

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Or if it's, you know, if it's two cars trying to get into that space, it's just a big mess for us.

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We actually had to contact a towing company to put a sign up to remind people not to block our driveway or we'd have to tow them.

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So I do support this and hope that the board grants his appeal.

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Thank you very much.

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Thank you for taking the time to be here today.

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Any other witnesses?

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Not at this time, Chair.

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Thank you.

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Questions from the board?

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No.

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No.

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Planning Commission.

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This property is indicated for residential use on the city plan.

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Given the pre -existing, non -conforming, block -long parking pattern, no objection.

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What happened to me now?

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Can I have this happen?

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You're wrong, Mr. Chair.

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All right.

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I got it now.

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All right.

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uh confessor i apologize i need that calendar number three

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nine six five two yes it's calendar number three nine six five two okay thank you calendar number

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three nine six five two seven one five north 20th street my vote is yes my vote is yes my vote is yes

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Thank you all

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Thank you

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Calendar number 392001758

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North 31st Street

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Zenjin

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Zenjin

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Good morning.

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Good morning, San.

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Do you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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Thank you.

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San, just please identify yourself again for the record.

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You've already been sworn in, so you're still on the road.

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Thank you. Thank you.

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Zen Jin, Z -H -E -N -J -I -N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103.

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Here on behalf of the applicant, I know that Mr. Peter Crawford is also here with us. The property

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is owned by Sherwood Living LLC. This is an application to legalize existing conditions

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at this property. I'm going to go ahead and share the exhibit package which

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includes the refusal, deed, tax clearance, plans, and a letter of support from the

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RCO which is the 32nd Democratic Ward. As you can see this district is zoned as

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RSA 5. However this particular building which is a corner property has been previously approved

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a long time ago as a commercial on the first floor and multi -unit above of two units. It

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actually has been like this for as long as the community remembers. This was never used as a

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single -family house and was never set up as such as the plans show I'm gonna

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scroll down to the plans at this point as the plan show this property I'm sorry

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give me one minute so again this is a corner property on the corner of West

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Montgomery Avenue and North 31st Street it's an existing three -story building

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My client has done some cleaning up.

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My client has done some cleaning up in the property, but there's no proposed changes at all to the structure of the property, which is what's reflected in these plans.

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The first floor is a commercial space with a bathroom in the back.

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It has its own entrance on the corner.

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There are also buckle doors for access to the basement.

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in addition there is a separate entrance up to the upper floors the separate stairway leads up

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to the second floor and then another stairway leads up to the third the second floor has its

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own entrance there is a kitchen bathroom and basically is a studio set up in this space

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and again the third floor is set up the same way the property as you can see from the photographs

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was a commercial space on the first floor it just it's not being currently used the

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property itself again here's the side entrance to go up to the upper residential floors and

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And here's another picture from the front.

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In addition, my client has met with 32nd Ward RCO and there's about 20 people in attendance.

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There was support overall for legalizing what is there now.

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Again, this property is in this condition, in a non -conforming condition for as long

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as anybody remembers.

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So we're asking the board for a variance to allow it to stay in the same condition, in that to now convert this property to a single family house would require substantial changes to the structure and would be a hardship to my client.

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I'll be happy to answer any questions from the board regarding this.

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Is your client available?

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Yes, my client's here as well.

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Please identify your client, ask him or her to raise his hand.

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Sure.

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Mr. Peter Crawford.

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Mr. Crawford, are you available?

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if you are please raise your hand okay yes mr crawford yes okay mr crawford uh please identify

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yourself for the record name and address spell your name for the stenographer uh yes peter

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crawford c -r -a -w -f -o -r -d uh 1639 north hancock street uh philadelphia pa uh one nine one two

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two mr crawford do you swear and affirm to tell the truth the whole truth and nothing but the

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truth yes I do thank you please proceed mr. Jim thank you mr. Crawford you heard

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my testimony to the board can you verify that they're true and correct and

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adopted as your own yes the testimony was true and correct except I want to

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say that the commercial space as you can see from the photographs is occupied by

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local dance academy right now thank you all right uh anyone else wish to testify

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anyone else wish to testify in this case please raise your hand now please

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no hands up at this time thank you tanya any questions from the board

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many commission

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copy is indicated for residential use and the city plan given the

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existing pre -existing non -conforming and also the history of the property we have no objection

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thank you calendar number 39200

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zero one seven five eight north 31st street my vote is yes my vote is yes my vote is yes

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thank you thank you can i before zinjin leaves um i in the earlier case i contacted 101 to 109

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Ellsworth Street. I contacted Sarah Adamo at L &I and she believes that the changes proposed

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in the revised plans proviso form are too extensive to be approved without another review by L &I.

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So I would suggest that this be held and Mr. Jen be allowed to submit an amended application.

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And Mr. Jen be allowed to submit an amended application and that the board vote on this after there is a revised refusal issued.

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Okay.

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Given the circumstances that we're all living with, would 30 days be sufficient?

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I expect it would, yes.

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That would work for you?

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Under the new Eclipse system.

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Okay.

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All right.

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So calendar number three, I'm sorry.

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If we could do it as attorney moving party, if you could just let us know when you have the revised refusal back, would that work?

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I have no problem with that method as well.

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And this also what, I guess I would be waiting for a letter from Tanya as well in order to go back to L &I.

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I'm not sure how the new Eclipse system would handle that.

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um we can discuss that after the hearing i'm sure we can work it out

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sure okay all right so calendar number three nine zero eight zero

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101 -109 ellsworth street attorney moving party thank you thank you have a good one

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likewise uh next case we have another case i think that concludes if i'm not mistaken

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all right i know we did the vernon anastasio one wharton street i believe there was um

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one more case the 800 block of wharton street 833 wharton yeah you have that confessor no i don't

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have the calendar number you got it it's it's calendar number three nine three oh six eight

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three three wharton street again i ask please keep yourself on mute we're hearing too many

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conversations in the background

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you

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michael phillips you have been promoted to a panelist you can now speak and share

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your screen as you wish

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hi mr. Phillips are we okay to go forward

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Yes. Sorry about that.

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Good morning, Mr. Phillips. Good morning.

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Good morning.

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Please identify yourself with the records, play your name for the scenario.

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Do you waive the reading of its refusal and stipulate to its accuracy?

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I do.

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Thank you.

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May it please the board, Michael Phillips, Obermayer Redmond Maxwell and Hipple, 1500 Market Street, Suite 3400, Philadelphia PA 19102.

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here on behalf of 9th and Wharton LP, the owner of 833 Wharton Street. I have with me here today

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David Landskroner on behalf of the owner, as well as Michael Cipione, who is the listing agent for

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the residential homes at 827, 829, and 831 Wharton Street. And Andrew Levin, who's here as a

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representative of Sonder, which is the proposed user of the accessory use that we're proposing

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from the second and fourth floors.

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And Mr. Phillips, do you swear and affirm to tell the truth, the whole truth, and nothing

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but the truth?

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I do, Mr. Chair.

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All right.

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You've already begun, so please continue.

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Thank you.

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So as the board may recall, this is the property at the corner of 9th and Wharton Street.

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We were here two years ago for a very long drawn out, decades long back and forth with the community, which ultimately resulted in a variance that permitted ground floor commercial use and multifamily for 21 apartments on the second through fourth floor.

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In addition, as part of that proposal, which was, I think, key to obtaining the support of the community, ultimately, was that we had agreed to put three single -family homes along Wharton Street to maintain the residential character.

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I'm about to share my screen right now.

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Give me one moment.

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Can I interrupt for a moment, please?

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Tanya, I see Mary Jones.

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I don't know if she's here.

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She was from Council President Clark's office.

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We asked for her earlier.

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we asked for her earlier i don't know if she's did she want to get back on i mean that case

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I don't know if she's, did she want to get back on?

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I mean, that could be.

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has been voted on but i see her there i didn't know if she wanted to speak

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so miss jones if you're there please raise your hand

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she can speak as you wish

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miss jones

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okay she might be otherwise occupied here okay well we'll go forward with Mr. Phillips's case

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and if we want we'll go get back to her if she wants to speak we'll get back to her thank you

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please proceed Mr. Phillips sorry about that perfectly fine so I believe is my can you see

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my screen now? Is it shared? Yes. Okay. So these, what I'm circling, these are the three single

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family homes that are being constructed along Wharton. And then this is the proposed multifamily

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building. We have the residential entrance here, and there will be commercial uses along

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9th Street. And we're directly across from Pat's. Geno's is right there as well. So very busy

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commercial corridor that the board is familiar with. What we are proposing here is an accessory

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use for this second through fourth floors, the approved 21 multi -family dwelling units,

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to utilize it as visitor accommodations for Sonder. And I will go into detail of what Sonder is,

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but at the end of the presentation, after we go through everything, I believe that you will see

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that this is a much less impactful use than the already approved multifamily by any objective

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standard. So we're under construction right now, and really what we're seeking is more akin to

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administrative review even, because what we have here, and I'll just go through briefly the

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Administrative Review Standards is something that reduces the intensity of

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an approved use, making comparable changes that reduce the intensity. And

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here, utilizing the second through fourth floors as visitor accommodations, and

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specifically Sonder, will absolutely reduce the impact on the

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neighborhood. First, there will be less demands on density, whereas 21

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residential units, you would have 21 families occupying each of those units. With the proposed

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Sonder, it would be rare that every single prop unit would be rented out at one given time.

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Two, it would be less demands on parking. Now, I know that when I was before the board two years

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ago we did stress that the changes in demographics and in society has led to less demands on

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parking and that was a bit of an issue with the community where they said well you came to us

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before and said that there wasn't going to be much parking and now you're saying that this will even

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be less than what you had before and yes that's true initially we said that there would be a

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lower demand on parking than what was contemplated. This is even lower than that because these end

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users who are coming into Philadelphia and want to stay in this neighborhood would be taking

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Ubers, would be taking, you know, CAD as public transportation. They would not be adding to any

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additional parking. Also, you don't have to worry about move in and move out. Sonder has fully

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furnished units. And the distinction here with Sonder, and I'll speak about them in detail a bit

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and Mr. Levin can answer any questions the board may have, is these units are designed to still

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maintain the feel of an apartment. And we will run you through just some slides about Sonder.

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It's self -check -in and contact with service.

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So Sonder will manage the building.

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They provide 24 -7 service to guests.

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They have a local presence in Philadelphia.

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They have a presence worldwide in 37 cities.

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And they recently began leasing entire buildings or floors within buildings in the city.

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They will handle the security.

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And the units will all be fully furnished.

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So it's not as if whereas when you have renters coming in and they're on year to year leases and people are moving in, moving out, loading trucks, you know, outside.

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leases and people are moving in, moving out, loading trucks outside of 9th and Wharton here,

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everything will be moved in and it'll be all set at that point. This is not an Airbnb. I want to

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make that distinction because there is the 24 -7 service. There is security handled by Sonder

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and there is a total oversight of the property. But it's also not a typical hotel. There is no

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valet parking, no bellhop, no front desk service. And again, these rooms are designed to feel more

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like homes in great neighborhoods. Also significantly is the benefit to the local

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economy here. Whereas people are generally coming into Center City and staying there,

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and then they have to travel to the various neighborhoods in Philadelphia. Somebody wants

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to stay in Pasciunc, wants to stay in close proximity to the Italian market, to Pats and

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Gino's, to go to the restaurants at Pasciunc Square. They can come and stay at a sonder,

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bring their family, or stay here for a business trip and enjoy the local amenities that are

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provided and give that boost to the economy. Also, we're in a post -COVID -19 world, so the

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contactless service here is something that's desirable for individuals who want something

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different than your traditional hotel. So we met with the RCO first in January, and before doing

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that we reached out to the neighbors who had actually appealed the initial project which was

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approved it went up on appeal and we ultimately reached a settlement agreement and provided

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various community benefits that were still standing by and still enforceable with it was

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Gil LaTerry I believe the John DeGiulia we met with all of them to discuss this project because

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we know it is a little unorthodox and we know we just did get a variance two years ago

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But this opportunity arose and it was an opportunity that we again see as less impactful than what's already been approved. And we had a positive feedback from those neighbors.

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We had a bit of a different feedback when we did go in front of Pascheon Square in January of this year, and I can only state that that could be based on the fact that people don't understand what Sonder is.

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So we then came back to give that explanation.

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As an example of the kinds of questions we got, the first question that we had from the

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board of Passion Square was about noise control.

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What are you going to do about noise control?

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Again, I reiterate, we're across the street from Pat's.

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We're at a very busy, loud intersection.

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But despite that, we had an answer.

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There is a strict no party policy that Sonder enforces.

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They have a rigid process for reserving a unit.

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You have to go through security.

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There is also sound monitoring devices that are installed in the units to ensure that nobody is throwing parties or being too loud.

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So we had an answer for that question and concern.

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But nonetheless, the board wanted to hear from Sonder.

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So we came back in March with representatives from Sonder and described how this differs from a hotel, how this differs from Airbnb.

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And at the conclusion, the people in attendance voted three to three.

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They were split. But the board did oppose.

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And I believe Suzanne Tavani is here and she will note that.

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But despite all of that, I just want to once again reiterate that we are not looking to change the footprint of the building, the massing, or any changes to the interior layout.

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This will still feel as if there are 21 residential units here.

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The difference being that we are under contract to lease the second to fourth floors to Sonder, who will take over all 21 units, furnish them, and then rent them out.

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The last thing I want to note, and I'll be calling witnesses just a bit out of order.

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the first I would like to call Michael Cipione because Michael is the listing broker for the

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Because Michael is the listing broker for the three townhomes, and this was extremely important to the community that we maintain those townhomes along Wharton Street.

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three townhomes.

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And as he's been listing these townhomes and the feedback he's received from prospective purchasers is that it is much more desirable to have the Sonder or the visitor accommodations used as opposed to 21 dwelling units in the multifamily use.

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Again, because of the intensity that I spoke to. And within the packet at Exhibit E is an email even exchanged between Mr. Sipione and a buyer's agent discussing that they would be interested in the home if this variance is approved and if it's going to be a hotel use.

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but they're not interested if it is going to be a multifamily residential.

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So if Mr. Sipion could join, raise his hand,

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and just briefly answer a couple of quick questions.

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Michael Sipion, 1119 Cross Street.

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Sipion, would you please identify yourself?

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Spell your name for the record.

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Michael, last name is S -C -I -P as in Paul, I -O -N as in N -C -E. Address is 1119 Cross Street, Philadelphia, Pennsylvania, 19147.

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

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I do.

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Please proceed.

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Michael, in addition to being the listing agent for the three townhomes, you're also a resident of Pascham Square, is that correct?

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Correct.

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Okay. And you're very familiar with the site in the local community, correct?

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Yep, just a couple blocks from me.

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Okay. Now, I have up on the screen an email exchange between you and Clay Schaefer, and it's back from January 2020.

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Can you just briefly describe for the board what your conversations were with Mr. Schaefer and with other prospective buyers of the townhomes?

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I met with Clay and his buyers in my office prior to there being anything framed due to the delay in construction because of COVID.

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We went over the finishes.

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We went over the floor plans.

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uh they already know it's a pretty busy corner but um they were concerned about the multi -unit use

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and the windows in the back of the multi -unit building being close to the townhomes um but

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they were ready to pull the trigger um and move forward if the sonder use was approved when i

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told them about the application for the variance um got one other similar feedback um those buyers

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were not as serious as these buyers um i mean i've had several conversations with clay

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uh to keep him updated on you know uh this use variance and and michael would it be fair to say

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that uh the feedback is that if it were the hotel use it would be a less intense less impactful use

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and that is why it's more desirable from the prospective buyer standpoint yes absolutely

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thank you i have no further questions for mr sapione um i would like next like to call uh

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Andrew Levin, on behalf of Sonder.

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Andrew Levin, Director of Real Estate, Sonder.

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Levin, L -E -V -I -N.

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And my address is 1519 Pine Street, Philadelphia PA, 19102.

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Levin, do you swear and affirm to tell the truth, the whole truth,

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nothing but the truth?

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Yes.

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Please proceed.

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Thank you, Mr. Levin, you heard my testimony earlier.

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Is that correct?

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That's correct.

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Can you please just explain for the board who Sonder is as a company and what your presence is in Philadelphia?

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Sure.

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Yep.

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Sonder is a tech -based hospitality company headquartered in San Francisco.

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The company is about six or seven years old.

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We launched in Philadelphia about two and a half years ago.

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Myself and our general manager, our team is now about 15 people, five management positions with about 10 hourly hospitality agents.

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Our current offices are located around about 13th and Calahillat, one of our properties there.

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Our current offices are located at around about 13th and Cala Hill.

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We currently have 300 units live in Philadelphia, and with another about 300 coming live in the next six months throughout the city.

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And, Mr. Lubin, can you speak to the 24 -7 service provided and how that's facilitated?

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Sure. So while we don't have staff on site at every property that we operate, we do operate obviously a central office. And our hospitality agents, our third party housekeeping group, security is dispatched on site, especially on weekends at our properties and stay there.

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But as needed, our guests are able to contact the 24 -7 concierge line,

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that's our call center, that is able to troubleshoot issues via phone.

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If an issue requires in -person service,

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we're able to dispatch one of our local hospitality agents to that site.

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But beyond that, we are having hospitality agents

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in and out of our properties throughout the day,

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obviously checking on cleanliness, maintenance,

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and just making sure that the overall property looks up to par

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as we do have guests checking in every day.

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And because we are a new company,

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it's very important that our guests get a great first impression of our product.

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So we're very on top of that type of stuff.

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Andrew, can you just also explain for the board,

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how does an individual go about reserving a sonder

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and what's the process like from a security standpoint?

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Sure.

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Yeah, a guest books a Sondra either through the Sondra website directly or one of our travel partners, Expedia, Hotels .com, those types of groups.

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And when a guest books, they are providing a photocopy of their driver's license as well as a photo of themselves so we can verify the identity of that person because there is no in -person check -in.

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um when that person books we are confirming that uh uh if a person's booking a same day booking

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and it seems that the code has a property uh we are reaching out to the guests to kind of confirm

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and check on the the nature of the booking because typically that is where you get the

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the the party type booking same day uh local bookings um and we do up uh we do have uh you

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know, a blacklist and a three strike policy. So if there are issues, we do address those

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immediately. Obviously, noise, noise issues are dealt with swiftly and firmly, because

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if there is a loud gas, it disrupts our other guests in the building and ultimately creates

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a negative experience. And that's something that's super important for us more so than I think a

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traditional apartment might be, because we do have guests coming and going so frequently.

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um but uh but yeah we do have a a preliminary um uh check that goes on uh before a guest actually

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arrives on the property and gets their code to the front door and then an actual code to the

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unit as well okay and lastly can you just speak to uh saunders uh desire to be in neighborhoods

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within cities as opposed to just you know being in the you know center city uh and this and the

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sorts of bookings that uh you generally receive both from a you know length of visit and the type

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of individuals who uh will reserve a sonder yep yeah so sonder differentiates itself from a

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traditional you know large hotel like a marriott or a hyatt in the sense that we are looking for

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the cool neighborhoods uh the unique neighborhoods that uh a visitor to philadelphia might not

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you know be able to experience because that the the large hotels and and um hospitality groups

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are in the the nine to five you know central business districts in major cities um so we

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operate properties currently in old city we're in fishtown um queen village we want to be parts of

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these these neighborhoods that have great restaurants great uh great shops and really

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kind of allow a visitor to experience Philadelphia the way that we think it

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should be experienced. So that's kind of one of our major, I think,

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advantages is that we can do, you know, smaller projects like this 21 -unit

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building and not require a high rise of 300 -key hotel, you know, on Market

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street in order to operate and is there a general uh length of stay i mean is this

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you know these units are as if it's a residential unit they're

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uh, living room, living space, washer, dryer, kitchens. Um, so what's, you know,

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uh living room living space washer dryer kitchens

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how long do people generally stay at, at a Sonder? Uh, our, uh, the,

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the pre COVID numbers, I mean, we're skewing longer stays now during COVID. Um,

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but, but prior to COVID, our average length of stay was around three,

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a little over three nights, which is a little bit longer than hotel average.

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Um, and I think that is in large part because of the amenities, you know,

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within the unit we offer. So we do see a lot of leisure and business travel. You know,

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the consultant who's visiting a city, you know, four nights a week might be tired of staying in a,

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you know, a 300 square foot, you know, Marriott with no kitchen. You know, our units are typically

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around 450 square feet and up on the smaller end with full kitchens and washer and dryer.

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So it does create a more comfortable, livable experience. You know, the young couple with a

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couple of kids who want to have a little more privacy in space you know our units the traditional

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one bedroom unit allows for that kind of privacy um so uh it definitely we we let we tend uh we

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trend to longer stay than a hotel i've no further questions for mr uh thank you thank you uh mr

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lovin this is frank to chico um explain to me what the difference is between an airbnb

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and Saunders if there is a difference? Sure. Well, Airbnb is really a platform for

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anyone to list their own personal property, their own personal residence or

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property that they have to rent out for whomever. No one lives in Saunders permanently,

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so it's all corporately run and corporately controlled. It's run like a hotel will be run.

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And we definitely are more similar to a hotel than what you'd see on Airbnb where you might

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be on vacation for a couple weeks and want to generate a little extra income and rent out your

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own personal residence, that's not the case with Sonder. Do you have an average stay

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for Sonder's units? Is there an average? It's around three nights, but depending on the property,

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you can book as short as one night, but the average length of stay across the company right now is

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around three nights, but obviously you can book much longer and do a single night as well,

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like a traditional hotel. You testified that you have other locations throughout the city as close

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as Queen Village to this site. How is the size of this and the number of units compared to other

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locations you have in Philadelphia? This is probably a little bit on the smaller end of

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our other projects. We have a seven -unit project in Old City at 257 North 3rd Street, which is

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seven units, and then we have as large as 96 units at the Hyde building at 13th and

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Kellogg Hill. And we're getting ready to open up our largest project, which is 186 units at

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the Witherspoon building on Walnut Street as well. But we do have a number of projects that

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are in the 20 to 50 unit range as well. And one other final question from the price point

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compared to, I don't know if I can compare it to an Airbnb because you explained that,

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yeah um price point uh definitely higher than you would see on a on you know an airbnb in the area

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because of the quality um but it is lower price than a a marriott or a height because we don't

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offer a lot of the the you know amenities that you're paying for indirectly when you book a

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traditional hotel you know the uh the restaurant in the in the lobby um the uh the ballroom the

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medium space the the business center all those all those get factored into uh the cost of a

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booking at a traditional large hotel not having staff on site and doing a kind of a deconstructed

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model that way allows us to offer a lower price point to guests but obviously we're still it's

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it's not it's not you know super cheap it's I don't know what the price point would be on this

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property but on weekends I mean you're probably looking at at least $200 a night for a one more

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i apologize um your terms the lease is it it's a lease um a transaction here it's a booking like a

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like a hotel booking um so because i mean uh for the for the purpose of sanders yes this facility

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you enter into a master lease agreement yep for the whole building how long is that for uh it

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varies by project we have this project this project three years actually with

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with options yeah three three year initial with an option to two options

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for additional three years so for a total of a nine -year term thank you thank

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you any anyone else wish to testify before I

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Anyone else wish to testify before I ask the board?

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I do have one more individual just to testify very briefly, but I do want to also note, to the extent that it wasn't already mentioned, that this is a, it's contactless.

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So after an individual books their sonder, they have their reservation on their phone and they use a code that is just specific for their stay to access both the building to enter into the residential lobby and to access their room.

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And that's a code that's unique to them that's then deactivated after their stay is over.

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So it truly does have a 21st century appeal to it and also reduces the number of on -staff

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employees that are necessary for the maintenance of the project.

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The last person I would just like to call is David Lanscroner on behalf of the owner.

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David, let us know when you're there.

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Hello?

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David?

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Yes.

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Okay, this is Frankie Chico.

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Please identify yourself, name and address, spell your name for the stenographer.

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Sure.

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David Lanskroner, L -A -N -D -S -K -R -O -N -E -R, 448 North 10th Street, Suite 303, Philadelphia, PA.

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Thank you.

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

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Yes.

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Thank you. Please proceed, Mr. Phillips.

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David, you heard my testimony and description of the project earlier, did you not?

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Yes.

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And would you agree that my testimony was true and accurate?

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I did.

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Would you agree to adopt my testimony as your own?

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Yes.

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And can you just briefly, we were here, it was a long drawn out project two years ago to get approval in place for the 21 residential units.

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And I know this is a bit of a pivot with Sonder, but can you let me let the board know what

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appealed to you about Sonder and especially from an intensity and impact of use that you

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thought was a little bit different than what we would have if we had 21 residential units?

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Yeah, I think you kind of mentioned it best, Michael. Some of the main concerns when we're

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going through the variance process with the community group was parking, congestion, moving,

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and just the sheer amount of people that could potentially be at the site at one given time.

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The Sondra use kind of hits the nail on all of those

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and alleviates many of the concerns that some neighbors had with the original project.

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You know, Sondra is a trailblazing type company.

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They're expanding greatly in Philly and pretty much all over the country.

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And they're one of the few companies that are travel and tourism focused

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that are actually doing well even in covid times it just shows how they run their business and the

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guest quality and stay is is just very very very well done so i think it's a project uh and a

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tenant for the building that just creates synergies across all those levels thank you

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I have no further for Mr. Lance Grohner. I do know that Mr. Bonnie will like to testify, but I will just state in closing that

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the granting of this variance. And again, we're seeking the accessory use of visitor accommodations from the second to fourth floor. It will not alter the essential character of the neighborhood.

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It will not impair the appropriate use or development of the adjacent property.

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If anything, it will improve the use and development of the adjacent property.

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It will not substantially increase congestion in the public streets.

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If anything, it will decrease public congestion.

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It will not be detrimental to public welfare.

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It will be a boost and a benefit to local economies who, in this post -COVID -19 world,

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are desperately in need of some boost and a little bit of injection of blood.

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and it is less impactful, and I cannot stress this enough, it is less impactful than the already

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approved multifamily use. There will be no loading zone, no valet parking, nothing of that sort.

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So I would ask that and request that the board approve this variance for all the reasons that

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I stated. Thank you. Any questions from the board?

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so chair we do have um miss tavani yeah i just wanted to check i wanted to check with the board

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first so miss miss tavani thank you mr chairman suzanne tavani s -u -z -a -n -n -e tavani t -a -v -a -n -i

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Tavani, T -A -V -A -N -I, 939 Federal Street, Philadelphia, 19147.

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939 federal street

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I chair the zoning committee for the Passion Square Civic Association.

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You're swearing for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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Thank you, Mr. Chairman.

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I take exception to a number of things that Mr. Phillips presented today.

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we went to great lengths, as he did actually point out two years ago, to get this project

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approved as a multifamily development. We went to great lengths, and it was many, many years

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in the making. He came to us at the end of December of 2019 asking to meet about this

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multi -use accommodation knowing that our organization had rejected earlier in 2019

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a similar use of a similar building at 13th and Reece Street because we don't believe this is

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consistent with the nature of our neighborhood. We voted in January 7 to nothing in opposition.

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The community voted 7 to 4 in opposition. We asked why no one from Sonder came. Mr. Phillips

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was gracious enough to bring Sonder to our March meeting, which was our last public meeting prior

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to the COVID -19 shutdown. At that meeting, we asked Sonder to explain a number of times about

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this virtual operation. And that is of great concern to us. The first issue is one, we don't

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believe this type of operation is appropriate for our neighborhood as we did in for 13th and

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Morton, 13th and Reed, excuse me. However, we have a significant issue with the virtual operation

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of Sonder. We don't believe that will in any way help or maintain the safety of our nearby

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residents, and it's a very, very residential area, despite the fact that it is at the intersection

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of the Chief State Corner. In addition, Mr. Phillips and the Sonder representative have not

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identified or mentioned articles that have been written in the media since March about Sonder.

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I specifically relate, referring to an article dated July the 3rd of this year in short -term

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rentals .com, R -E -N -T -A -L -S, where they talk about Sonders. And I'm quoting, one of the most

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recognizable names, Sonder, announced it was laying off 22 % and furloughing an additional

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to 11 % of its workforce in March.

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I'll just object for the record.

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I don't want to, you know.

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Well, but if you refer to me,

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what's the nature of the objection?

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I'm sorry, I didn't hear that.

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It's just a hearsay from an unsubstantiated source

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on shorttermrentals .com, but with that,

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it wasn't shorttermrentals .com, it was short,

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well, but that's another story.

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There's also an article that was published

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in July of this year in therealdeal .com,

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citing an actual case that has been filed, 54 page complaint filed in New York against Sonder

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about its operations and its method of operations. And I'm quoting, while Sonder is venture capital

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backed and has raised several hundred million dollars to date, its business model betrays a

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total lack of accountability to or concern for the communities in which it operates.

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Saunders guests caused a disproportionate number of issues, including but not limited to drug use, drug dealing, theft, harassment, armed robbery and assault, all of which have occurred in the building in the past year.

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We are very concerned about the operation of this organization, in addition to the fact that we don't believe this type of a use is appropriate for our neighborhood.

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after we went to great lengths to accommodate this client to grant him the multifamily dwelling, which was proposed.

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I agree on that. I know I took some criticism in my own neighborhood for approving the apartments, but all right.

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I appreciate your testimony. Have you concluded? I'm sorry. Have you concluded?

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I have, but I believe that Jay Stewart is maybe on the line.

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I'll ask if there are any other witnesses.

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thank you thank you anyone else wish to testify on this matter please raise your hand and mr

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chair just i know that there is somebody else but i just would like an opportunity to respond to uh

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miss devani's comments as well for sure

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okay we do have jay stewart he can approve himself

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hello mr stewart please identify yourself with the record spell your name

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and give us your name is jay jay last name stewart s -t -u -a -r -t i reside at 1406 south

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9th street i'm a neighbor a block away from this property and i'm also a member of the rco

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I'm a neighbor a block away from this property, and I'm also a member of the RCO zoning board.

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Yeah.

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Thank you, Mr. Stewart.

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Do you swear and affirm that the testimony you gave is true to the best of your ability?

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I do.

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Thank you.

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Please proceed.

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Mr. Stewart, you can testify.

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Okay, I guess my first is, so there is an article in July about Sonder breaking a master lease in San Francisco. So if the business is doing so well, why are they breaking leases for properties that they have?

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Objection again to relevance as to what breaking a master lease in San Francisco during a global pandemic has anything to do with it?

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I think these folks are trying to establish the credibility of Saunders.

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So, uh, yes, I would agree.

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I'll overrule the addiction.

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Um, so the, there's, um, sorry.

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So the, the, the, Mr. Levin stated that there would be security

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staying in the property on the weekends.

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Is this correct?

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Yes.

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This is Andrew Levin from Saunders.

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Yeah, at our properties on weekends, high traffic events, we do have security in the lobbies.

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They don't stay at Sondra as in have a room there, but they are dispatched at the entrances of the properties.

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So they'll be there all night long in the entrance of the property?

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At properties as needed, yes.

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Why would the security be needed at this particular property?

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um we don't we have security at the majority of our properties uh on weekends just because of the

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number of people uh in that area of the neighborhoods um i'm not clear on that what

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what's that mean a security person uh dispatched at an entrance of a building uh where there's

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tons of restaurants and bars nearby is not uncommon is this armed security no um and what

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do are they protecting the patrons or are they protecting the neighborhood from the patrons

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as in you know there's the lawsuit that's in new york where the a party at saunder in 2019

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at Osondra property was raided by armed men.

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Objection again to the lawsuit.

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Yeah, Mr. Stewart, I appreciate your concern,

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not dismissing it, but those kinds of activities

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and policing issues could happen anywhere for that matter.

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This is true.

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All right?

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All right.

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Again, I'm not dismissing your concern.

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It's just that that could happen anywhere.

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Okay.

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I guess I just want to conclude that a hotel in the middle of a residential neighborhood does not benefit any of the residents of the neighborhood, nor the city.

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So, thank you.

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Thank you. I appreciate your time.

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Anyone else wish to testify? If so, please raise your hand.

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No, no.

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All right. Go back to Mr. Phillips. You concluded, correct?

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I just have some brief rebuttal to the comments from Mr. Vani and Mr. Stewart.

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First, there was the mention of the project at 13th and Reed that was refused.

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And I have the benefit of knowing what happened at that matter because my former partner, Hercules Rigos, was representing the developer there.

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and the exact comment there was you're in the middle of a residential neighborhood it's not

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as if you're on passion gap or ninth street whereas there you know the use is a bit different

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than when you're looking at a commercial corridor and that was key uh to the variance in the first

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place and we again went with the cmx 2 .5 was the analysis uh the analogy we were using because

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of the walkability and the commercial aspect of both 9th Street and Pasciunc as a gateway to

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the Italian market. So I think it's a little disingenuous to say that we're putting this

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right in the middle of a residential neighborhood. We're not. We're putting it on a commercial

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corridor. Second, security. And, you know, when you're renting out 21 residential units,

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uh those individuals who are going to live in those units are pretty much free to live their

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life how they want to they're only bound by the city ordinances for noise um they can throw parties

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uh they can do any of the various nefarious acts that uh mr stewart uh alleged to be done

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whereas with sonder mr levin spoke to the secure vetting process

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Mr. Levin spoke to the secure vetting process that goes in to actually having to reserve a Sonder and the accountability that is associated with that.

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I think any statements about Sonders, the need to furlough individuals during the global health pandemic is irrelevant and immaterial.

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And lastly, I do want to point out, we, there was no intention when we came to before the

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board and before the community two years ago, but the multifamily use, it was not as if

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there was an idea that we'll get this and then come with a sonder.

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These are still being designed and developed.

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And there is no change to these as residential units.

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But when this opportunity came about from every objective standard, the use is less

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impactful.

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it will have less demands on density,

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less demands on parking, less demands on loading.

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And so as a result of that,

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we move forward with seeking this variance

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from the board and from the community.

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And in terms of who Sonder is as a company,

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they have a presence in Philadelphia,

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they have employees in Philadelphia,

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They manage these apartments and units very professionally, and this will be a benefit to the community.

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Is it different? Yes. And sometimes things that are different or unknown create fear in the long -term residents.

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But that fear must be substantiated and based in something, and here it is not.

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The feedback we got at the community from individuals was this is dystopian or this is going to be a cheap motel.

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That's not borne out by the facts. That's just fear mongering.

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The facts are that this will be professionally managed by a very well -financed, funded company that is not just some mom -and -pop operation, and that will add a benefit to the local economy.

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And again, I will, as an enclosing state, less impactful on parking, less impactful on density,

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less impactful on loading.

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I understand that the chairman and individuals caught flack for approving the 21 residential

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units.

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And if, you know, this, if Sonder's opportunity did not arise, that is where we would be taking

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this.

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But this opportunity arose and it just made sense from all of those standpoints.

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I, you know.

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I implore you to look at the administrative review standard, even, that this reduces the intensity of the proposed use, and by every objective measure, it does that.

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I would ask that the board grant and approve this variance, and with that, close.

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Thank you. I have two comments. Actually, one comment, one question. I'm not concerned that I took flack on that vote. It goes with the territory.

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And I'm glad that they worked it out,

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that the board's suggestion at the time was to go back

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and see if they can reduce the number of units,

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which was from 30 -something to 27,

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if memory serves me right down to 21.

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I appreciate that.

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Mr. Levin, I think you testified that you have a Saunders in Queen Village?

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Correct.

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And if so, what's the location?

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5th and Bainbridge.

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and was that the one where the uh pick the uh john paul used to be they sold paper and stuff

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uh i believe it's the ground floor is emmy squared pizza uh it's a 30 key hotel property

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okay and how many units are in there it's 30 keys it's a hotel style so there's no kitchens

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in that property it is what it's a it's a 30 key hotel it's not uh not not multi -family style

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units it's traditional hotel no it's not comparable to what's being proposed here

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i mean it's the same same idea with uh with travelers and guests staying there but

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the units are smaller with no kitchens that's the difference do you do you have any other

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properties in philadelphia that are similarly run uh would be similarly run to this operation

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Yes, 313 Race Street.

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It's a 50 -unit property, full building.

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The Hyde building.

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I'm sorry, 50 units?

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50 units, yep.

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That is in, is that Old City?

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That's Old City.

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We have 222 Vine Street, which is a 15 -unit full building.

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Let me stop you.

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Just the Old City and Vine Street.

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How long have they been in operation?

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They vary.

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I mean, our first property that went live was in Old City about two, maybe 18 months ago.

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The other ones are maybe six months.

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We've been growing for the last two years.

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we've been growing

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for the last two years

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What I'm getting at, and I don't know if Ms. Tavani is still on,

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what I'm getting

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has there been any conversation with any of the folks in the Old City Civic Association

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about their experience having a Saunders in that community for the last 18 months or so?

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I've not been part of any of those conversations, no.

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I know. I'm asking Ms. Tavani if she's still on.

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you're still there

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hello i'm here thank you very much sorry about that um did you did you hear my i did we have

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not had conversations with them and i would uh suggest that old city has a very very different

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field than our very residential neighborhood. I also would like to comment that Nathan Morton

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is very much residential adjacent. If you go anywhere within four blocks, it's pretty residential.

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So I dispute Mr. Phillips' comment. I understand that because I live, as you know, three blocks

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away. I just was curious about if, and I'm not faulting anyone, by the way, I just would like,

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I understand that the makeup of Old City is somewhat different than it is at Knife and

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Wharton.

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We can debate that, whether it's residential or not.

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It's a mixed bag.

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And this project, to me, is a mixed bag.

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21 apartments versus 21 of the Saunders operation.

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And I just wondered if it's possible.

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I mean, something I've been thinking of before we take a vote on this, to have a conversation

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with the folks in Old City to see what their experience has been.

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Again, because I see this as a mixed bag.

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There's some benefit, as Mr. Phillips pointed out,

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about less cars loading, unloading, and things of that nature

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versus an apartment.

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But apartments sometimes are more stable

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because people are going to stay there for a year or two

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and they're part of the community.

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They become part of the community.

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So I just had that thought in mind

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that if it's something that you'd be willing to undertake,

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we can hold this for 30 days.

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If not, we'll vote on it.

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We can vote on it now.

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And there are similarities that you raised, Suzanne,

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about the same situation occurred at 13th and Reed.

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The community at that point had no choice

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but to accept a multifamily dwelling

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due to the discerning error that I created many years ago.

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but it seemed when the project was finally complete the owners the owners of that

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that building decided that they wanted to go a different direction and

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as was pointed out this board denied that that change in use. Mr. DiCicco I am I would be very

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happy to have a conversation with Old City but it's not going to change my opinion at all

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regarding this type of use at this location in our neighborhood or any location in our

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neighborhood. I think it's absolutely wrong. And as I stated to you last year, when we spoke about

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the development of 13th and Reed, one of the other issues, take away the variance change,

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take away Sonder as the operating company. The other issue, the third issue is that

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the zoning stays with the property. There is nothing that's going to stop this from becoming

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a courtyard or Marriott or whatever. We have absolutely no idea what the post -COVID -19 world

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is going to look like. We are still in a COVID world right now. We have no idea the viability

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of any company in this country right now. Absolutely none. And this is just playing

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Russian roulette with this neighborhood. Thank you. I appreciate it. If I can respond to that

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concern? Briefly, Mr. Phillips. Very briefly. With respect to zoning going with the property,

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I agree with that. However, we are seeking the variance just for the second through fourth

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floors. The layout remains residential units, so there would be no front desk, and we would agree

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to provide those for no loading zone, no valet parking, no front desk, to give Ms. Tavani and

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any member of the community the comfort of knowing that this is not going to become just a standard

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everyday hotel, that this will still be treated as if it were 21 residential units that are being

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leased out to individuals who want to come visit and experience Philadelphia, and more specifically

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Pachyon Square. Thank you. Okay. Again, I'll ask questions from the board.

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I have not a question, but a comment.

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What about having...

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What about the have a mixed use one floor for Saunders and the rest regular

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apartments? How would that work out? Well thank you Mr. Holliman. So the lease is

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actually for all 21 units so there isn't there would be no mix between

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residents and the occupants of the Saunders. I do know, and maybe Mr. Living can speak to this,

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but I don't know how dramatic it is, but they do have other properties where there are mixed uses

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and the individuals for, you know, they put certain specifications and restrictions in place

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to ensure that the individuals who are renting out the Saunders do not disrupt or disturb the

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tenants of the building. However, here, the lease does propose all 21 units. It does provide that

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bit of economic stability for the space. And quite frankly, if we fully expect this to work

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out sondra is very well financed they've raised a lot of money but if after three years it doesn't

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we'd be right back at the uh full residential units multi -family use yeah this is andrew levin

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from sondra uh this is not uh moving forward sondra is only looking at full projects and

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wanting to be able to control the entire buildings uh for our guests it's it's better for branding

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and operations, so a floor within this building

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would not be an option for us.

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And to follow up on the money raised,

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we did just close our Series E fundraising

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of over $170 million.

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Thank you, Tom.

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Thank you.

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Any other questions from the board?

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Planning Commission.

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No, I'm okay.

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we have no position on this case

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repeat that

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not taking a position

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thank you our position was stated in the last time this case was heard

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thank you all right calendar number three nine three oh six eight three three wharton street

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my vote is no my vote is no my vote is no my vote is no thank you that concludes right mr chairman

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i believe so tanya we we conclude this morning's hearings yes sir

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okay thank you see you all at two o 'clock you got it stay safe

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ready to go perfect you're live oh thank you good afternoon everyone my name is frank de chico

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I'm the chair of the Zoning Board of Adjustment.

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We have a quorum, so I'm officially calling this session to order.

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In attendance on the board is our secretary, Mr. Confessor Plaza, and our two board members,

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Mr. Thomas Holloman and Mr. James Snell.

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We're also joined by our city solicitor, Ms. Sharon Saleta, and our board administrator,

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Ms. Tanya Sunkett.

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As you're probably aware, today is our sixth day of holding virtual hearings.

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While we may have to make some adjustments along the way, our plan is to call each case and basically proceed as we would have in a live hearing.

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We ask that attorneys for the applicants or other interested parties identify themselves for the record when the case they'll be participating in is called.

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We will then hear the applicant's presentation, followed by any presentation by lawyers representing other parties.

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Interested parties and members of the public, not represented by council, will then be given an opportunity to testify.

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We will finally hear the recommendation of the Planning Commission.

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At the hearing's conclusion, the board will either vote the matter out immediately or hold it for discussion in executive session.

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Any case held for discussion will be voted on at the scheduled meeting of August the 5th, 9 .30 a .m.

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A couple of changes related to the virtual format.

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First, we will be administering oaths to individual participants to testify rather than to the rumors.

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to individual participants to testify rather than to the room as a whole, since we do not have a

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room. Second, for the benefit of anyone participating by phone, we ask that attorneys

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and witnesses identify themselves prior to speaking or testifying. Third, we'd like to

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advise everyone that this proceeding is being recorded and that by participating, you acknowledge

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your agreement to be recorded. As we said, if anyone wishes to testify, please raise your hand.

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Ms. Sunkett will go over that procedure shortly. I would ask attorneys to please limit your

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testimony to those issues that are extremely necessary to your case, and we're asking that

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cases be limited to one hour in total. I think I covered, yep, I think I covered everything. Tanya?

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Yes, if you have come to the hearing via telephone, when you call in and you wish

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to testify, you must raise your hand, and you can do that by pressing star 9, and then

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when you raise your hand and are acknowledged to give testimony, then you will push star

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six, to unmute yourself. Thank you. Okay. Some of the continuous withdrawals for this afternoon.

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It's calendar number 39875, 2046 -50 Lehigh Avenue is being withdrawn. Calendar number

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39425

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1122

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Oak Lane is being continued

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calendar number

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39635

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1307

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Germantown Ave

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is being continued

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calendar number 39825

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1437

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Parrish Street

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is being continued

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calendar number 39919

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1909

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North 4th Street is being continued. Calendar number 39914, 203 Diamond Street is also being

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continued. Calendar number 39226, 2100 South Oakville Street. It's been continued. Calendar

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Calendar number 39405 -5113 Renstedt Street is being continued and calendar number 39911712

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North 34th Street is being continued.

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If you feel that any of these cases has been read in error, please raise your hand and

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let us know.

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Thank you.

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and while we're doing that if there are any other requests for continuances or

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withdrawals please raise your hand and acknowledge that now please

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and if not can I say there was um at the last session we agreed to hold the vote until the

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beginning of this session on calendar number 39440 2018 Fairmount Street the um the provisos

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that we came up with that are summarized from what was presented are as follows. One, only hand tools

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and small -scale light industrial equipment for artisan industrial use. Two, hours of operation

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9 a .m. to 10 p .m. seven days and until 11 for special events. Number three, no music audible

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outside premises. Thank you, Sharon. My vote on calendar number 39440 -2018

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Fairmont Street. My vote is yes with the provisos that have just been read into

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the record. Yes with proviso. Yes with provisos.

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okay uh any other requests for continuances or withdrawals frank uh the planning commission

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would like to also put our recommendation in on the last case sorry ron please proceed

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um this is the 28 2018 fair amount yes yes given the established pattern of multiple

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main uses on the block pattern we support the grounding of areas thank you very much again

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are there any other requests for continuances or withdrawals if we do not have we'll proceed

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with the hearing any hands go up Tonya

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Any hands go up, Tonya?

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Mr. Mulvihill, are you here for your case, or did you want to discuss a continuance?

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I am present. I just, good morning, or I guess afternoon, everyone.

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Leo Mulvihill, here for two properties, 137, or pardon me, 173 East Allen Street,

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950 Shackamaxton Street. I just wanted to note that although these were apparently scheduled,

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on the zoning board's calendar for 2 p .m. today, all of the notices that I received and the signs

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that I posted on the property stated that this was scheduled for 4 .30 p .m. today. I am happy to

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proceed at this point, but I wanted to ensure the zoning board was just aware of the discrepancy

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between the calendar here on the zoning board site and the materials that I received previously.

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Understood. Before we make a decision on that, is there anyone out there who is listening in who wants to participate in the cases that Mr. Mulvihull has just identified? 173 East Allen and 950 Shackamaxon Street.

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Because I'm a little concerned if no one is on now, there may be someone who saw that notice and they figured they didn't have to get on for another hour and a half or so.

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So, if Mr. Mulvihill is willing to wait until 4 .30, it should probably be heard then.

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Or could we hear the case and hold, go back into the case at 4 .30 and ask if there's anyone,

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well, he still would have to present his case.

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Yeah, and they wouldn't be able to respond to his presentation.

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Yeah, understood.

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Yeah, yeah.

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I'm happy to come back at 430 if that's what the board would prefer

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see you then Mr. Mulvihill thank you and I'll advise my clients to be there as well

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thank you thank you

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okay we're ready to go confessor okay calendar number 39452

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341 Del Mar

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Mr. DeMarco, are you there?

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Mr. DeMarco, you've been promoted to a panelist, you can now speak.

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Thank you.

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Thanks, everybody.

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DeMarco, do you agree to waive the reading of his refusal and stipulate to its accuracy?

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Yes, I can do that.

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Mr. DeMarco, please identify yourself for the record.

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Good afternoon, everybody.

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Richard DeMarco.

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I'm here on behalf of Melissa Buckley, the owner of the property.

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We're here to legalize a front surface parking space.

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

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Yes.

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Thank you.

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Please proceed.

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Thank you.

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I'll give an intro, and my client is on the call, though she's not in the room with me,

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Melissa uh so at the appropriate time um we can have her just verify my statements and if she

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wants to add anything uh I'm gonna I believe I fixed the issue whereby I can share my screen

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so I'm gonna try to do that now um you just hold on and I'll go through the critical exhibits I

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don't think this is controversial we did have our RCO let me do a brief intro we did have our RCO

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meeting back in January. It was a divided boat, but we obtained support for the proposal. And

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our hearing was canceled due to COVID -19. And we're here now. And again, this is legalization

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of an existing front surface parking space. And our variances are one for the space itself. And

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was using the space to park she paid a price which uh considered the parking space to be

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part of the property uh and um she's been up operating in that in that manner as do the other

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homes on the block all right so with that i will share my screen

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let's give me a moment

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can you see that photo

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don't see anything

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how about now

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Oh, give me a minute. I know what happened. Hold on.

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I know what I did.

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Forgive me.

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This will work. I promise.

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There. Now, hold on.

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Now you can see something, right?

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Got it now.

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Oh, good.

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Yeah, that's the notice.

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That's her car in the spot.

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And you can see to the right, you can see front surface parking there.

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this is showing that she does not impact the sidewalk if you hopefully you could see this

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photo that's Melissa Buckley's car and her front and you could see the outline in red of the

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property and you could see in the background a car parked illegally within the sidewalk we want

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to be clear and Melissa will verify that she does not block the sidewalk and never would block the

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sidewalk. Let me just briefly show you the refusal. So you can see the

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dimensional variances. It's a minimal parking stall variance and, of course,

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the there the refusal for RSA 5 single -family front space and I'll show

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you this plan briefly here so you could see and here's the parking space as you

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could see it fits again with a small width variance but it fits within the

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property line you know I think that's about it mr. chairman we posted for this

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hearing I'm gonna invite Melissa to verify my testimony there are photos of

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the other parking spaces let me see if I can quickly get to them here this is

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Del Mar Street. You can see a whole development doors away, which, and then we're in the background,

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you can see front -loaded parking on that side of Del Mar Street. And again, there's a very

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significant parking problem in this community. Here's another view of Del Mar. You can see how

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there's no, it's a small street, but there's no displaced parking. Here's another car parked

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illegally. This is my client's property right here. Okay. More front loaded garages,

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front load, excuse me, front loaded surface parking in the area. And that's it. So let me

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stop my screen. Are there any questions or do you want me to bring up any other exhibits?

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No, just a question. There's no on -street parking on your client's side of the street, correct?

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correct okay thank you she will not displace this spot will not oh there is also a depressed curb

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at her location which led her to believe that when she purchased the property that the parking

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space was legal okay thank you any other need to see any other exhibits and the board member

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need to change in the exhibit?

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Okay.

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But, Counselor, my concern

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is that she can't

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park vertically. She only can park

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horizontal.

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Yes.

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That's true.

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What we did with that was

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the neighbor

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is one of her supporters

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and appeared at

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the RCO meeting and said she's got

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the RCO meeting and said she's got no problem with the relief and that Melissa is able to

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no problem with

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the relief.

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park in her space without driving across that person's property. The neighbor of the space

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immediately next door went to the RCO meeting and publicly declared that and declared her support

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for the application. So the person who would be impacted if we were being untruthful about her

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ability to park in the space without impacting the neighbor, that neighbor has said otherwise

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and agrees to this relief. And I'd say that on the record as an officer of the court,

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I didn't require that neighbor to attend because she attended the RCO meeting and

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was in support there. And that's this neighbor here, Mr. Holloman.

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okay thank you any other questions from the board

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no anyone do you have a witness mr demarco i do i'm going to stop my i hope i just stopped

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my screen share i think i did uh melissa buckley is it looks to be in the in the in the zoom room

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So if we could give her audio.

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Hi, can you hear me?

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Yes, Ms. Buckley, please identify yourself with a record, name and address, spell your

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name for the stenographer.

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Yes, this is Melissa Buckley, M -E -L -I -S -S -A -B -U -C -K -L -E -Y.

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I am the owner at 341 Delmar in Philadelphia, 19128.

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and I do attest to everything Mr. DeMarco has said is accurate and truthful. Only thing I'd

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like to add is there was a petition. We went around our immediate block, so the 300 block of

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Del Mar, and had every available neighbor that signed the petition, which was in our support in

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the neighborhood meeting, and we didn't have a single person who refused to sign. For the most

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part, everyone is in full support, and if anything, we've had overwhelming responses and asking if we

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were able to get this in before COVID. So I think from a neighborhood perspective, we have their

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support and my family and I are really just hopeful that we can get this through so we can,

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you know, live in the home that we thought we purchased and hopefully we have your support as

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well. Thank you. Mr. Chairman, I'll add the petition is in our exhibits and you'll see

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the signatures are actually the immediate neighbors on this property. There was very

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little to no opposition actually on the block. The negative votes that you see in the RCO letter

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were from the board members of the RCO rather than the neighbors nearby. That petition is in

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the record. And I could, if you want me to share it, I can. Melissa, do you also adopt every

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statement that I've made as your official testimony? Yes, yes, I do. Mr. Chairman, one

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housekeeping item, I'm leaving the Laletta firm and moving over to Zorwin Baum next week, but I

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do not have email there yet. So I put my personal email on my registration and would ask

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tanya to forward the decision in this case to that email that i registered with

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okay and that's all i have mr chairman um the the variance relief is consistent with the context of

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the block there's full support my client uh will suffer from this in that he she was had the

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expectation when purchasing the property that the space was legal and came with

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the land to not have it would mean she paid a price for the property in

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anticipation that the relief of that the spot was legal and that would be lost

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and that would constitute when our belief of hardship she's not displacing

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existing parking there are multiple spaces on the block that have this

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condition um that may or may not have received relief but um it's a parking crisis in that

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neighborhood and you'll be doing everybody a favor by um trying to get what parking you can get

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from those existing conditions so with that uh that's all i have and thank you for your time

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thank you uh again i'll ask one more time any questions from the members of the board okay

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no okay planning commission this is uh we have another witness oh i'm sorry i thought i thought

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melissa buckley was the only one is there another witness if there are please raise your hand

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Is there another witness? If there are, please raise your hand.

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there's a couple people with their hands

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Yes, a couple of people with their hands up. You have Ashley Carroll. You can unmute yourself and speak.

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Hi, Mr. DiCicco. My name is Ashley Carroll, spelled A -S -H -L -E -Y, last name C -A -R -R -O -L -L.

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I live at 255 Delmar Street. I'm a neighbor. I also happen to be on the board of the RCO.

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So we do oppose this for several reasons. As you'll notice that the actual home, the realty listing for the property notated that there was no parking included with the purchase of the home.

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it said street parking only um the house had several violations against it while it was being

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remodeled um and according to zoning it also shows that no parking was permitted at this property

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the other houses shown in the um images um by Mr. DeMarco um were built prior to the NCO overlay

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put in place they were built I believe prior to 2014 they had their permits in place

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and 341 Delmar Street's redo was done in 2017 and as far as I know any parking front -loaded

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parking since I've been on the board of the RCO no front -loaded parking has required variances

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on that block of the street I've been here for about eight years it there have been multiple

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times where this particular homeowner has parked perpendicular to the street or perpendicular in

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lieu of parallel to the street which does block the sidewalk and various guests have been over

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in the meantime blocking the sidewalk as well and we do not agree with this parking on the property.

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It also the water department sent in a letter in opposition as well because the property is

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not reinforced to have parking on top of any of the plumbing and water features offered by the

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city. May I respond, Mr. Chairman? Yes. So, you know, this is an example of the RCO failing to

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fulfill their duty and their responsibility. With all due respect, this matter was considered by

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their group was voted on, was supported by the immediate neighbors, and here you have an example

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of the RCO taking a position contrary to their own vote in their own process in their own meeting.

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It's frankly insulting and a disgrace. Are you going to respect your neighbors and the people

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on your block for their support, or are you going to take a position contrary to what the people

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decide. This is why this process becomes so convoluted and it's very upsetting to go through

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and do the notices and prepare the notices, ask your client to obtain signatures and go up and

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down the block and get signatures, and have a board member try to tell the near neighbors what's best

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for them. And that's wrong because the overwhelming 80 to 90 percent individuals on this block voted

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to support this because of the conditions in the neighborhood. I'm going to ask my client to

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respond in a minute, but forgive me for being a little bit upset by this because this RCO

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has to respect the neighbors next to the property and within several doors of the property and not

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take a position that they think they should take and impose their will upon the people who actually

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have to live with it. Because the people on this block understand that they have a parking crisis

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and that they need to have parking spaces where it's available.

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And my client's going to respond in a minute,

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but I can bring up the if you'll allow me to share my screen,

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I'll show you the RCO letter.

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Mr. DeMarco.

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Sorry. Yes.

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I want to clarify, I am not here representing the RCO. I just happen to be a board member. I am representing my property as a neighbor. I personally oppose this. The RCO letter does stand. So I just want to make that clear to everyone that's here.

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Well, I appreciate that.

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So noted. Okay, let's get to the letter.

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Yeah, I'm getting it up now. Excuse me.

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can you see my screen now Mr. Chairman with the RCO letter yeah if you can make that a little bit

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Can you see my screen now?

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larger that would be helpful if not that's good thank you how's that better so you see here

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I mean there were a few people who attended the meeting that were not on the board that voted no

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But the entire RCO board voted no.

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But you had the other neighbors, 17 people, voted yes.

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I saw that.

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I was a little confused myself when I first saw that, but okay.

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Right.

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Now, I want to be clear, and Melissa will respond in a minute and verify what I'm saying,

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but Melissa took her petition up and down her block, and no one refused to sign her petition.

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and everybody signed in favor so the people who live there and with the exception of this

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individual the people who live there want her to receive this variance because they have either

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similar conditions or maybe they want to uh it's it's consistent with the rest of the block and

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there's no parking on that side if you do not allow her to park and she parks on street you're

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taking up another space so this actually provides another on -street parking space i get that right

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and we're not displacing any any park on the petition i'll just see if i can bring up the

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petition and then i'll i'll let melissa speak because melissa is telling me that um it's not

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true that the um that the listing uh hold on that for a minute did i did someone want to speak to

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of here tom yes can can he bring up the picture again yeah let me just uh can you see um my

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petition yes all right you look at you can look at the look at the on the petition it's all her

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immediate neighbors okay okay and yes i can bring up the uh photo oh this is the second group of

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exhibits let me get to the other group because there were pictures i couldn't send the uh

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that's the neighbor's property

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is that the picture yes that one let me ask you this question on the passenger

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side, when they open the door, would it block the sidewalk?

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I can answer that.

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On the passenger side?

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No, it doesn't have to.

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I mean, if I were to swing the door fully open, it might overlap a very little bit,

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but we park relatively close to the stairwell.

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is the red line is the red line within the parking uh yes tom you're breaking up tom

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is the red line in the parking area yes when i open the passenger door will it block any part

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of the sidewalk no you can open that door and walk right on my property and walk right into

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the home. You do not have to displace the sidewalk in any way. And I can go ahead and respond.

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Melissa, go ahead and respond. Respond to the other items. Just to clarify, the listing of the

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home said parking right out front. And every time we visited the property, there was someone parked

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in the driveway. And that's that was our assumption. Yes, if you dive into the MLS and you have a real

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estate agent pull, it does not show that there was parking in the real estate listing, but in the

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description there was. The second point noted about parking perpendicular, I can verify we have not

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parked perpendicular since we've received that notice. Ever since the notice, if and if you are

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a neighbor, then you would notice we park on the street almost every single day. Our car is currently

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on the street because of this issue that we're having. We didn't want to park illegally because

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we weren't zoned properly. Only time we park there is in emergency situations. And when I've had to

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take pictures for Mr. DeMarco himself, we plan to park in this matter parallel. Parking

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perpendicular, the edge of our car does go over the sidewalk very slightly. And just as anyone

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else who parks on the sidewalk, we would receive a ticket for doing so. So if I do choose to park

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perpendicular then I'm at the risk of getting tickets through PPA or through

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the Philadelphia police just like anyone else's so I would not choose to

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park that way we can very easily park in this manner and not disrupt the

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sidewalk not disrupt our neighbor and to the third point regarding the the water

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And to the third point, regarding the water department, we've never received a notice from the water department regarding we cannot park on that area.

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department we've never received a note

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That's full news to me.

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So I will look into that.

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If something breaks underneath that pavement, it's your responsibility.

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Right.

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It's my property.

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It's my responsibility.

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And the last point regarding all those homes that were parked there, I can guarantee they were built after I moved in.

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They were in the middle of construction.

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when we were moving into our home. So I know there are some homes that if you look a little

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further down 300 Delmar, they have been there longer and before this, this change. But the

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ones that Mr. DeMarco showed in the photos that are not my next door neighbor, but the next

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neighbor in this photo here, they were all built after my home. And I pulled up the zoning notices

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and when their permits were issued, it was after mine. So if I'm at fault, then all those six

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plus cars who will also have to move and have basically slabs of concrete in front of their

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house would also be displaced the way I am currently. Anyone else wish to testify? If so,

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please raise your hand and there has to be something new and different.

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Mr. Chairman, can I make one more point? Can you see my courser?

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yes so that you could see that Melissa there's a clearly a depressed curb there and so Melissa

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Buckley would have been justified in believing that she was purchasing the property with a single

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surface parking space you could see right here you could see how the the curb is slightly depressed

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secondly about the War Department I have no knowledge and I've never seen any letter from

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anyone. It should have been shared with me if that was going to be submitted. I've never seen

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a letter from the Water Department regarding this property. I'd like to see it. Thank you.

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Okay. Anyone else who hasn't been heard yet, please raise your hand.

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We have Marlene. You can unmute yourself and speak.

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Marlene do you wish to testify I don't think she can come I just unmuted myself I'm sorry

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my name is Marlene Schleifer it's M -A -R -L -E -N -E the last name is Schleifer it's S -C -H -L -E -I -F as in

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Frank E -R I reside at 4876 Smith Street which is a couple blocks away from this particular property

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Do you swear and affirm to tell the truth, ma 'am?

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Do you swear and affirm to tell the truth?

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Absolutely.

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The whole truth and nothing.

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I haven't finished.

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Go ahead.

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

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Yes, I do.

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Thank you.

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Please proceed.

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We participated in the RCO hearing, and I submitted the vote as I was required to do.

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Our executive board as individuals does not agree with this undertaking.

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The property has had a million violations from the time renovation started, and the

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curb may be lowered, but that doesn't mean it was done legally.

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They also should have abided by our Neighborhood Conservation Ordinance when they did not,

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and the neighborhood conservation ordinance which was enacted at the end of 2015 before the

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renovations to this property began indicated that no more than 30 percent of the front yard

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was to be impermeable surface and what this contractor did was pave the entire darn thing

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We do have the listing, which specifically says that parking is on the street, and we sent it to Sharon Saleta, and she should certainly have it.

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Ashley Carroll does also have it and can pull it up on her screen if you ask her to do so.

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Joanne Dahm, who had a 38 -year career at the Water Department and is a member of our Civic, wrote a letter, which was also submitted.

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I'm going to object, Mr. Chairman, at this point.

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Hearsay, the person who she's claiming wrote a letter is a member of the neighborhood.

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That's a disgrace.

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And that person could probably be reprimanded for taking an official position, even though she's retired.

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and violated oh she's retired he is retired oh all right so the water department

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oh she's retired he is retired oh all right so the water department

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all right richard everyone everybody everyone take a deep breath

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i know joanne she's retired she's retired about a year and a half maybe two years already

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all right now oh i am concerned about this issue with the conservation

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from what i can see from third 341 down more looking down that street to the newer constructed

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homes that have parking in front i don't see any uh conservation uh protecting of land or stormwater

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runoff maybe because if they were built prior to 2015 when our let me let me this sounds to me and

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i could be wrong is the real issue the parking issue is there an issue that goes back to when

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this property was being constructed and certain so -called i'm going by what someone said there

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were numerous violations it almost sounds like it's more a personal issue than a parking issue

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that is that is in our part no it's a parking issue she doesn't have any right to park there

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it should never have been paved over and what she did was read the first paragraph of the listing

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the listing, the Coldwell Banker listing, where it says parking right out front, which is rather

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ambiguous. And further along in the listing, it says parking on street. And my feeling is if she

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has a beef with the person who sold her the property or the person who renovated it, that

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That is between them. We do not permit people to park in their front yard, period.

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If this was a new case, I would certainly, with all due respect, I would agree with you.

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But I just see numerous parking on the sidewalk in front of houses up and down that block.

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That does not make it right.

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I didn't say it makes it right, but I see that. And we have to make a decision.

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If this was the only one, I think it would certainly be out of hand.

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I would personally reject it.

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I don't know what the rest of the board wants to do,

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but I just don't see why this property is going to be treated any different

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than the other properties on the block.

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Why should it be treated any differently than the properties across the street

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where people do not park on the side?

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Because there's on -street parking on that side of the street.

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That's right.

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All right, I'm not going to argue with you, ma 'am.

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I'm just trying to make a point.

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Now, on the other side of the street, there's on -street parking, which would prohibit anyone

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from parking on the side.

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I shouldn't say prohibit.

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It would make it difficult.

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And apparent from what I can see in the photographs, there's no off -street parking on the other

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side of the street either.

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It's this side of the street, the 3141 Del Mar side of the street, where there are numerous

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off -street parking in front of the other row houses on that block.

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That's all I'm trying to make the point.

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it's not unique is my my point is it's not unique to the rest of the block on the odd side of

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dalmore street so chair everyone has been muted if you wish for someone to speak

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i i if there's any new testimony yes if not i'd like to i'd like to ask uh miss schleifer if she's

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if she's taking may i speak mr chairman i just don't want this to get into an argument between

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two people, please? I don't. I want to make it clear that she's speaking as an individual who

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does not live on the block, not on behalf of her RCO, because her RCO voted in favor of this

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application. So she better tell you that she's speaking for herself only. And I object to her

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standing because she does not live near this property. She lives a few blocks away.

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Understood. Understood. All right. We're not going to belabor that point. Thank you.

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And we just respect Ms. Carroll, Ms. Lee Schlaffler.

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I respect your opinions.

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I just wanted to make note that obviously we,

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I have a difference of opinion as to what should be allowed on that block.

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So any other questions from the board?

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No.

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No. Planning commission.

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The property is indicated for a single family residential use on a city

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plan. I believe the applicant has not demonstrated necessary hardship regarding the requirements

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of the code. Standing policy of the city planning commission is not to support illegal front yard

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parking impacting negatively on sidewalk and pedestrian safety. We recommend the request

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for variance not for granted. Thank you, Ron. Calendar number 39452341 Delmar Street. My vote

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is yes my vote is yes my vote is yes my vote is no good luck thank you

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My vote is yes.

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My vote is no.

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Good luck.

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Thank you.

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Thank you for your time, members of the board.

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Thank you, everyone.

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Thank you.

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Thank you.

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I'm going to make a correction into the record, Frank.

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Yes.

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Earlier with the continuance, just clarification here.

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Calendar number 39916, 1909 North 5th Street,

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and calendar number 39919, 1915 North 4th Street.

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They are being continued.

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Thank you.

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You're welcome.

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I think, is that it for the 2 o 'clock list?

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Any other business, Tanya or Sharon?

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No, that's it until 3 .30.

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Okay.

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See you all at 3 .30.

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You got it.

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Take care.

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Continued.

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I'll just read them into the record, and then we'll come back for the 4 o 'clock.

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Okay.

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Okay.

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Is it 4 or 4 .30?

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What?

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I think that's the 4 .30, right?

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Yeah.

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I believe so.

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4 .30, yeah.

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I misspoke.

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I said 4 .00.

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No problem.

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So once we get the list.

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Do you have the list of the 3 .30 cases that are being continued?

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I can read them if not yeah no I need to open it up officially or no no I don't think that you do

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as long as you read that there are no cases going forward and that these three are being continued

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so if you don't if you would please read them into the record

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Sarah, are you there?

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Oh, I'm sorry.

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Yes, I misunderstood who you were saying.

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Yeah, we don't have the list, so if you can read the, read them into the record.

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I'm sorry.

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No, no problem.

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Okay.

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I have them if you don't share. Okay. I apologize.

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No worries. I got you guys.

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Okay. I have them now actually if you'd like. Okay.

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Calendar 38882, 1330 Vernon Street.

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Calendar 39353, 1431 North 25th Street.

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and calendar 3922

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3001 Kensington Avenue.

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Those cases are being continued.

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And therefore we have no other cases at 3 .30, correct?

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That's correct.

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We'll meet all back here at 4 .30.

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Thank you.

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Thank you all.

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See ya.

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Yes, I'm here. Are we ready? I know, Tom, you, I'm sorry, Sharon, you were trying to reach me. I was on another call.

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Do you need me to call you? I'm here. I talked with confessor. I think you're ready.

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Okay, thank you. Thanks, confessor. Abby, are we ready?

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Yep, you're good to go. Thank you again. Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

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we have a quorum. I'm officially calling this session to order. In attendance is our board

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secretary, Mr. Confessor Plaza, our board members, Mr. Thomas Holloman, and Mr. James Snell.

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Along with, we are also joined by Sharon Saleta, our city solicitor, and our board administrator,

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Ms. Tanya Sunken. As you're probably aware, today is our sixth day of holding virtual hearings.

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While we may have to make some adjustments along the way, our plan is to call each case

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and basically proceed as we would have in a live hearing.

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We ask that attorneys for applicants or other interested parties

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identify themselves for the record when the case you'll be participating in is

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identify themselves for the record when the case you'll be participating in

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is called. We will then hear the applicant's presentation,

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followed by any presentation by attorneys representing other parties.

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Interested parties and members of the public, not represented by counsel,

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will then be given an opportunity to testify. We will finally hear the

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recommendation of the Planning Commission. At the hearing's conclusion, the board

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will either vote the matter immediately or hold it for discussion in executive session. Any case

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held for discussion will be voted on the record at the next, excuse me, at the August 5th, 9 .30

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a .m. hearing. A couple of changes related to the virtual format. First, we will be administering

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oaths to individual participants prior to their testimony, rather than to the room as a whole,

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since we do not have a room. Second, for the benefit of anyone participating by phone,

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we ask that attorneys and witnesses identify themselves prior to speaking and testifying.

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I will then issue, I will then put you under oath. Third, we'd like to advise everyone that

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this proceeding is being recorded and that by participating you acknowledge your agreement to

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be recorded. We will ask everyone who wishes to participate when your case is called please raise

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your hand so that you could be notified and Ms. Sunkit will explain a little further

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and the process if you're calling in by phone. I respectfully ask all attorneys to please limit

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your testimony to those facts that are necessary for the record and to limit the hearing to one

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hour uh individual participants who call in will be limited to two minutes worth of test

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two minutes to testify i believe i covered everything tanya miss sunkett

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So if anyone who calls in by phone and you wish to testify, you would have to press star

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nine on your phone to raise your hand. And then once you're recognized by the last three digits

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of your phone number, you will have to push star six to unmute yourself. And then all parties who

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would like to register an official appearance statement, you can call into a Google voice phone

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number and answer the questions on the prompts and leave your information. The phone number is

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267 -270 -5548. Again, that's 267 -270 -5548, and that's where you can leave an appearance statement.

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thank you frank thank you tanya at this time i'll entertain any requests for continuances

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or withdrawals okay if you're asking for continuance please raise your hand yes i

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have here a request for continuance from councilwoman sanchez for calendar number 39313 4737

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Leaper Street. Any other requests? Sloan folks here who wish to speak to that. Sloan, you can

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unmute yourself and speak. Can I unmute it? Yes. Can you hear me? Okay. Yes. And we also have

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Sloan, I'm sorry, in addition to Sloan folks, there's Ryan Boland who will want to speak on

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this request okay mr folks please uh identify yourself for the record name and address spell

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your name good afternoon uh councilman i'm sorry uh chairman de chico and zba board my name is

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sloan folks sloan a folks f as in fire olks office of councilwoman maria quinones sanchez

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7th district room 508 city hall and do you swear and affirm to tell the truth the whole truth and

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nothing but the truth yes i do thank you please proceed yes um our office is submitting a uh or

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was requesting a continuance uh for this case uh for 4733 leopold street um the uh applicant has

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not met with the rco as to our knowledge and um given that fact we are requesting continuance

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until such a time where the RCO can meet with the variant sequester.

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Thank you. Anyone else on this?

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Mr. Boland? Ryan, you have been muted. Yes, can you hear me?

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Ryan, you have been muted.

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Yes, can you hear me, Mr. Chairman?

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Yes.

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I'm not sure the video is on, but I just want to respond briefly.

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Please identify yourself with the record.

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Yes, Ryan Boland.

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My address is 1801 Market Street, Suite 2300, and I represent the applicant, Hope Properties, LLC.

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see. I, in fact, personally attended a meeting with the RCO, who's the Frankfurt CDC, back way

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before COVID, back on February 13th of this year. I had extensive communications back and forth with

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Christine DeJesus regarding this. There haven't been any requests for a continued RCO meeting.

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In fact, no members of the community showed up at this. It was only the board members. We had

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extensive discussions which really centered on issues that they were concerned that to legalize

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this unit again, there was a two -year period where it went from a five -plex to a four -plex

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that there might be more fire code issues that would need to be addressed. They wanted us to

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go ahead and get an advisory opinion from L &I about fire code issues before they would discuss

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these other issues, and we thought that put the cart before the horse. We offered to come back

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again, but I haven't heard anything, Mr. Chico. I've sent approximately three emails during the

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COVID and two emails since this was rescheduled two weeks ago, and I haven't heard a word.

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sent the emails to who they were sent to the contact we have for the rco who's christine

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and i believe that mr folks might have also been on that um email as well but they were sent to

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our rco contact if i may rebut uh chairman please uh i have an email dated uh july 24th from christine

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de jesus uh stating that um and let me digress i was at the uh generally scheduled meeting

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february 22nd i'm a resident of this community i live around the corner from the property

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so i was very interested in uh the proceedings um at that time on february 22nd where uh a

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The variance is coming before the board today. 4739 was also discussed. We did not hear anything from 4733 Leopold Street. Those are regularly scheduled meetings. I have emails back and forth from the RCO, specifically Christine DeJesus, the last one dated July 24th, saying that there was no official meeting between the RCO and the property owner or the representatives for the request variance.

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with the community.

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Bowen?

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Mr. Chairman, that is not accurate.

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I personally attended the meeting,

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and I believe from recognizing his voice

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that Mr. Folks was there, and I spoke with him.

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That was the formally noticed meeting.

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We mailed off all the notices,

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and we offered immediately,

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if you want to come back,

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we don't think we have to, but we'll come back.

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We disagree.

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We're happy to come back.

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We've heard nothing.

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Mr. Folks, would you have any knowledge as to when the next community meeting would be held?

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I mean, I understand they're not being regularly held because of COVID. I get that.

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Their community meetings are regularly scheduled the third Thursday of every month at 6 .30 p .m.

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Even at this time?

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I'm sorry, sir?

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Even at this time with COVID?

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even at this time, we are facilitating a meeting for them this month. I suggest if they are going

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to reach out to the RCO, and Christine has been responsive to me, that they reach out now so they

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can get on their agenda or their calendar ASAP. All right. Any other comments?

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I do have a caller with their hand up, ending three digits of the phone number 162.

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You are able to speak if you wish to speak regarding a continuance request.

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Caller.

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Okay, Chair, I guess you can go forward.

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Mr. Chairman, just one briefly. We're happy to go back if they want us back again. We haven't

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heard anything and we don't think it would be fruitful, but we're happy to engage with the

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community again. I appreciate that. Me and Mr. Folks, maybe we can have an exchange after you

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guys hang up to work that out. Okay. Okay. What's that calendar number again? I don't have it.

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to work that out okay okay what's that calendar number again i don't have it

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39 313 okay calendar number 39 313 4733 liper street is continued

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good luck work that out with mr mr falks and speak to tanya about a date all right all right

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Thank you, Mr. Chairman.

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Thank you.

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Thank you both.

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Okay.

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Connie, anybody else with their hand up?

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No, no one knew.

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Okay.

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So calendar number 39402, 173 East Allen Street, and calendar number 39403, 950 Shackamaxim Street.

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Those are related appeals.

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Leo?

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Frank that's the one from earlier remember it was at two o 'clock when it was for the 430.

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Yes that was Mulvihill right? Yes. Leo you have been promoted to panelists you can speak and share

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your screen as you wish. Leo good afternoon you agree to waive the reading of his refusal and

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stipulate to its accuracy? I do. Thank you. Name Leo Mulvihill, M -U -L -V -I -H -I -L -L. The address is

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2424 East York Street, Suite 111, Philadelphia, Pennsylvania, 19125. Good afternoon, members of

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the board. I'm here today on behalf of the homeowners of the two properties as Pradeep

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Sandi Gamani and

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Harsha Josti

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These two gentlemen own houses

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that essentially abut one each other

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What I'm going to be

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Yes? I need to swear you in, please

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Thank you too

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Oh, certainly

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Mr. Mobile, do you swear and affirm

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to tell the truth, the whole truth and nothing but the truth?

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I do

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Please proceed

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Everything that I just said was true too

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so I don't have to repeat it

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so let's just incorporate that

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So, members of the board, what we're here to do today in the neighborhood of Fishtown.

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I'm going to share my screen so we can get an idea as to what the parcels that we're

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talking about look like here.

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Chairman, are you able to see this shared screen at this point?

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yes we all see it yes okay we can see it yes okay so we're located at the intersection of

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shack and axon street and east allen street in fishtown directly south of this would be

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delaware avenue these homes are located right by a 7 -eleven and uh then across delaware avenue

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from these properties would be the casino i can move to a google streets view later if everybody

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would like a little bit more context, but that's kind of what we're looking at right now.

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So members of the board, when my clients bought these properties, as you can see, we have 950

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Shack and Maxon located on the corner. It is new construction. And 173 East Allen located the

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first house in directly behind 950 Shack and Maxon. Each of them have nine foot rear yards

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that are simply used as their yards at this point.

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What they're seeking to do, because of the increasing developments in the neighborhood,

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including the rope building that is directly to the east, which I believe is being done

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by Streamline Construction, recently proposed development that's happening in the old George

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Wells Meat Building along Delaware Avenue, and the increasing commercial development

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that has made it hard for my clients

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to find parking spaces for their vehicles

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day or night at this point, COVID accepted.

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They're seeking to take one 10 -foot curb cut

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that I'm indicating here behind the two properties.

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Let me see if I can annotate that here.

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And that will be this right here.

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and use that via a gate, a common driveway, to access one parking spot in each of their rear yards.

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You'll note on the plans that I have right here currently

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that there are a set of stairs that are marked in each of their rear yards.

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Those each member of the, pardon me, each household owner intends to remove those

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and create a Juliet balcony for their rear sliding glass door.

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sliding glass doors. The common gate here is ideal for a circumstance like this where each car

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The common gate here is ideal for...

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will be, each property rather, will be hoping to have a vehicle because we're only taking 10 feet

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off the street, which is essentially half of a legal on -street spot. And via that access,

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via these turning radiuses, allow two cars to be taken off the street. I've spoken with my clients

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and because they're only a few blocks away from frankfurt avenue they're seeing a lot of problems

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with parking on their own street day or night at this point what i'm going to do members of

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the board is stop the sharing of this and then show you all the street view of the property so

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you all have a better idea as precisely what they are dealing with here and i think that'll work

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even better than the photos that I've previously submitted to the board so

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members of the board for purposes of today's hearing I've now maximized the

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street view of the properties this is the property at the corner of East

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talent and jack and maxim nothing's come up yet okay i'll wait for i'll wait for a second and

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see whether something pops up here

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there you go all right so it just seems like we have a little bit of a delay then

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First, I'm just gonna direct everybody's attention

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to the bottom left side of the screen,

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which shows a miniature map of the area.

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As I stated, we're just one block off of Delaware Avenue.

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I'm going to rotate the street view

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so we have a better idea as to what we're looking at.

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And I'm just gonna check in with everybody

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to make sure that everybody can see exactly

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down East Allen Street at this point.

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Can everybody see that updated view?

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so members of the board have now rotated the map so that we should be able to see down East Allen

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Street you'll notice that there is parking on only one side of the street that is the side of

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the street where my clients homes are located directly across the street is that 7 -eleven

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that I indicated in this building as well. I believe it's a daycare on the top floor.

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Philadelphia Ritz Service is in this building. Golf and Social is in this building as well as

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a number of other office and commercial uses. Here we have off -street parking, which is directly

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across the street from my client, but each of these spaces are reserved specifically for

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Philadelphia Writ Service or other members who have tenants in the building that's directly here.

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We also have trash storage, unfortunately, directly across the street from my clients.

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And now looking eastbound on East Allen Street, members of the board,

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you'll see the old rope factory, which is currently being rehabilitated into a number

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of residential units and we see some other new construction on the street so members of the

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board as you know parking's at a premium here in the neighborhood so ultimately all we're asking

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for is one curb cut about 10 feet wide via that common curb cut access into each of my clients

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rear yards we'll be taking two cars off the street effectively increasing the ultimate capacity for

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parking in the neighborhood. Just as the members of the board are aware as well, in addition to

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the new construction where my client's homes are located, if we proceed down Allen Street,

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about half the block, you'll notice that we do have precedent for all street parking on the block.

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I'm unsure whether this is updated yet in your view, but I'll continue to narrate and hopefully

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at some point that I'll catch up so we have a better idea. What we have here now is another

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new development that was built at around the time that my client's homes were built. Each of these

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units have off -street parking that are accessed via a common drive, via a curb cut that already

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exists here now on Allen Street. And that curb cut and common drive extend all the way from Allen

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Street up through until Richmond Street, which is directly to the north. It's not as if there is

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not a precedent on the street for off -street parking especially on this

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side of the street it's not as though we're trying to privatize multiple

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parking spaces and keep multiple cars off the street essentially we're asking

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and keep multiple cars off the street. Essentially, we're asking to take

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to take half

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half of one spot to take two cars off the street. I'm going to stop sharing the Google Street View

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right now. I'm going to go specifically to the presentation packet that I prepared

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and submitted previously to the board.

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And so members of the board, now for purposes of the record, I'd just like to say that we

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have the refusals, appeals, and project information going to page one, area zoning maps at page

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seven showing this is an RSA five district. Deeds for the properties at page 14. My client's tax

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clearance is at page 24. The zoning notification letters that went out at page 26. We have 27

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neighborhood support letters, which my clients individually collected from their adjacent

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neighbors that were submitted in this packet, members of the board. In addition, I'm happy to

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put on the screen as well. Since I submitted this packet, my clients were able to obtain another 22

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two. Neighbor support signatures going out there in the heat. Even in the time of COVID,

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they were able to get those support signatures from neighbors. So we have overwhelming local

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support from the immediately adjacent neighbors. I do have photographs of the property that are

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also included in that packet that all of you should have received. But I believe that the

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Google Maps Street View really shows kind of what we're looking at here.

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What I'm going to do now, members of the board, briefly share with you the letter that we did receive from Fishtown Neighbors Association.

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Our meeting was held back in the beginning of March before the lockdown.

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We did not receive this letter until I reached out to a member of the zoning committee over the weekend.

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I'm pulling that up right now.

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members of the board shortly you'll see on your screen and i ask that it be incorporated into the

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record a letter dated july 20 2020 could you make that a little bit larger please yes

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and i can scroll through it as we go around as well so we had this meeting back on march 10 2020

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the letter is received that we received as dated july 20th 2020 we had nine people overall in

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attendance and it was a close vote. Four voted in favor, five voted against. That said, with the

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consideration of the 27 letters of support from local neighbors that were included in the packet

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and then the 22 letters that I have on my computer right now, happy to screen share with you

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momentarily, that we received in addition to those that I ask you to consider at this point that we

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do despite the vote that was at the community meeting held in early March. We do have overwhelming

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community support for this proposal. And I ask that you support, vote in support of the granting

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of this variance, all things considered in this case, members of the board. My clients are both

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present on the call. So I would ask at this time that they raise their hand so they can be unmuted.

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that I might ask them the requisite questions

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of whether they accept my testimony,

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whether they have anything to add for themselves.

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They both have been promoted to speak.

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All right, gentlemen,

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starting with you, Harsha, and then you, Pradeep,

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please state your name, spell your last name,

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and give your address for the record.

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sure thank you leo uh hopefully you guys can hear me uh my name is harsha dasby

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uh last name is j -a -s -t -i and i recite uh my my home address is 173 east allen street

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philadelphia pa 19125 in fishtown all right do you swear and affirm to tell the truth the whole

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truth and nothing but the truth yes i do sir thank you okay so harsha have you heard my testimony

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today? Yes, I did. Do you have anything you'd like to add at this point? No, thank you. Do you

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incorporate my testimony as your own for purposes of this hearing? Yes, I do. Thank you. All right,

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Pradeep, your turn now. Same thing. Please state your name, spell your last name, give your address

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for the record, and then wait to be sworn in before testifying. Okay, thank you, Leo. Hopefully

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Okay, thank you, Leo. Hopefully everyone can hear me. My name is Pradeep Thunigai Money. Last name spelt T -H -A -N -I -G -A -I -M -A -N -I. My address is 950 Shackamaxton Street in Philadelphia, PA, 19125.

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everyone can hear me. My name is Pradeep Thunnyguy.

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Now, Pradeep, you've heard my testimony in this case?

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Yes, I have.

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Do you have anything you'd like to add at this time?

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No, I do not.

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And do you accept my testimony as your own for purposes of this hearing?

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I do.

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Thank you.

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Members of the board, I'm complete.

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I'm happy to take any questions at this time.

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Go back to the photograph of your client's properties.

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Yes.

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One moment.

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So, Chairman, I'm going to go back.

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Did you want me to go back to the photographs of the posting that I have in my packet

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or to the Google Street View scene

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that I had previously put up?

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No, the photo of the property.

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It shows the rear of the properties,

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where the gates are that were leading.

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Ah, the site plan.

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Yes, one moment, please.

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It should be coming up

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on everybody's screen momentarily.

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Yeah, that's the plan,

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but there was also a photograph

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showing 950 and 153.

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that's if you can get that that would be helpful

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that's the one thank you yes so is the intention if this is approved to eliminate

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the steps leading into the yard?

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Yes.

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Staircase?

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They would be replaced.

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The steps would be removed

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and some sort of Juliet balcony up

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or bars or something similar to that

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would be installed in their place.

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This fence that separates them

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would go away?

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Yes.

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And we would be executing an agreement

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essentially between the two clients

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with respect to the rights

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and the rear yards

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that would be used for parking.

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The fence goes away and the two staircases go away.

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So the wooden staircase here and the wooden staircase that's here would go away.

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As with this, this fence here would be changed into some either sort of swinging gate or roll -up gate.

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My clients haven't yet decided on that yet.

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It was simply a matter of getting this ultimate proposal prepared and approved first before we made that final determination.

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i think if they put a roll -up gate they're going to have some issues if they ever decide to sell

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one or two both of those properties but all right um and that poll is not in the way right okay

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is there anyone now i'll get to the board next but is there anyone who wishes to testify in

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this matter please raise your hand and i will now ask the board

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any questions from the board no yes yes counselor have you gotten a

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streets department review of the curb of the new curb cut my understanding is that streets

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department review occurred with the initial submission of the materials by the architect kjo

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well i think the distance to the corner for a curb cut uh you might have a problem with

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so uh what i'm i'm referring to the plans that we've previously submitted i know exactly what

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you're talking about um with respect to the curb cut itself we are um just over if i recall 33

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three feet and three and one quarter inches from the corner from where the curb cut is proposed

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to be to the front of my client's building. So with regard to the actual distance from the curb

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cut itself to the corner, I believe we should be able, if we haven't already, should be able to

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comply with all streets department regulations with regard to that. Okay.

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Okay.

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Any other questions from the board?

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Tanya, anyone have their hand?

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Sure, you can go forward.

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Planning commission.

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This property is indicated for residential single family use on the city plan.

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The applicant has not demonstrated necessary hardship regarding the parking requirements of the Code.

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Standing policy, the City Planning Commission not to support front loaded private parking that will remove a public

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parking space leading to further traffic congestion and will negatively impact on pedestrian safety. We recommend the request for variance not be granted.

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Thank you.

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and members of the board just in response to the city planning commission understand that if we

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were asking for a one for one here i wouldn't i didn't have advised my clients to go forward

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with this hearing but since we're essentially removing half of an on -street spot to allow two

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vehicles to be parked and removed from the street it's our contention that ultimately we're helping

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allow for more vehicles to be able to be parked on the street within the existing confines

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Allen, Shackamax, and Delaware Avenue

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and the surrounding blocks as well.

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Thank you.

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Calendar number

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39402

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173

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East Allen

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950 Shackamax

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and my vote is yes.

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My vote is yes to both.

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My vote is yes to both.

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My vote is no to both.

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Okay.

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thank you members of the board have a nice afternoon thank you okay calendar number let me see

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calendar number 33 9334 242 south 8th street

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Ms. Adler, you have been promoted to a panelist. You can share your screen and speak as you

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wish.

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Good afternoon, ma 'am. You agree to waive the reading of its refusal and stipulate

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to its accuracy?

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Yes, I do. Good afternoon. Thank you.

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Ms. Adler, please identify yourself for the record. Spell your name.

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Thank you. Blair Adler, B -L -A -I -R -A -D -L -E -R. I'm counsel for the applicant Donna Jean Welch

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Family LP and owner of the property, 244 South 8th Street. My address is 123 North 9th Street,

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Philadelphia, PA -19106. We're in a firm to tell the truth, the whole truth, and nothing but the

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truth. I do. Thank you. Please proceed. Okay. Good afternoon, Mr. Chair and members of the board.

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We're here today on client's application to utilize the property at 242 -244 South 8th Street

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for a financial or wealth management office on the first floor. Also, they will self -occupy a

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part of that first floor unit. It's technically two units, 242 -244. This is an application for

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use only. There's no construction being proposed. This is only interior renovations. But as we are

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in an RM district, the change of use has triggered the refusal here. This is a property that has

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been consistently used for commercial purposes, at least for the last 20 years or so since my

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client has owned the property previously. It was a medical sale, medical product sales, and

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they were also using it. It was also owner occupied as well for commercial purposes.

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Um, so the, um, the office use that they're proposing here will, um, be little to no,

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um, customers or foot traffic, um, the financial group, which is actually already in existence.

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It has other offices, um, in the, in the tri -state area.

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in the tri -state area. But they will only have maybe two, three employees. Actually, right now,

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Um, but, um, they will only have.

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probably most of them will be teleworking anyway. But again, they anticipate no real foot traffic

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and certainly no vehicle traffic. So it's a very light impact on this property here.

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And as the other portion of the commercial unit will be owner -occupied, it's the same entity that manages the residential units that are already existing and already rented out in the upper floors of this building.

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um so again you know to conform these spaces uh to use them for residential units when they have

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been used as commercial spaces for so many years would be a significant hardship um to the owner

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um this is a property that is surrounded by first floor commercial uses um they're located on

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8th Street between Spruce and Locust. We were before the board actually just a few years ago

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to legalize a yoga studio that operates in the commercial spaces right next door to this and

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it's still operating and is actually thriving there. So this use would be consistent with

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other uses both in the building and on the block and would not have a

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detrimental impact on any of the surrounding properties. I have submitted

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to the board in advance of the hearing a exhibit package and would you be able

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to share that with us? Yes, and I can, I'll share the package with you now.

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do you need the the entire package or would you just like the this the um table of contents page

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yeah some something that visual uh the plan the fort plan pictures of the property something that

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we can look at and comment on. There you go. So we're looking at the property. This is the

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north -facing view. Over here on the left side of the screen is the 244 entrance. The 242 entrance

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is a little further down, and then we've got the yoga studio, which is also part of this building,

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which is is the next door over but this is this is 8th street facing north this is the first floor

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of the building and so up till about here is how much space the um wealth management office and

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then um in in here as well as 242 and that's where the uh self and owner occupied management office

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will be. And across the street is University of Pennsylvania. They have medical offices

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all across the street here. Facing south, it's mainly still just offices

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adjacent and across the street from the proposed property.

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that that would be a panoramic of and this is the building as a whole so as I mentioned previously

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there um there's residential units above it is fully fully rented fully occupied um and

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And it's anticipated, as I mentioned earlier, that these uses would be pretty relatively light impact on the building.

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So most likely the residents wouldn't be disturbed by any of the activities going on here.

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Most likely the residents wouldn't be disturbed by any of the activities going on here.

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It would be business hours, Monday through Friday.

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And like I said, not that parking was part of this refusal, but there really is no foot traffic or vehicle traffic anticipated with these uses.

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Thank you.

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Do you have any witnesses?

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I do have my client who is on the Zoom today.

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I have Robert Welch, who is the general partner of the limited partnership owner of the property.

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Rob, can you raise your hand?

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You know what he would be under?

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let me see is it a device of yours not mine um is he calling in i think he's on an iphone but

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he's on he's on zoom but on his iphone so it may be the last four numbers of his cell phone

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yeah the last four of the cell phone three four one five

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no i don't i have someone with your name raising their hand i don't know

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well maybe that that may be him if he maybe he maybe he linked in under my link

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try if not we'll we'll stipulate

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can anyone hear me yes good afternoon sir please state your name and address for the record spell

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your name sure my name is robert welch and that's robert r -o -b -e -r -t and that's welch

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just like the grape juice w -e -l -c -h and the address we're talking about today is 242 to 244

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south a street thank you mr oh sure yep thank you mr welsh i'm sorry i got ahead of myself do you

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swear and affirm to tell the truth the whole truth and nothing but the truth yes sir thank you please

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proceed mr welsh um you heard my uh testimony that i previously provided to the board did you not

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Yes, ma 'am, I did.

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And do you adopt that testimony as your own?

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Yes, I do.

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And do you have anything that you'd like to say to supplement the testimony that I previously provided?

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I do not.

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Thank you.

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If there's anyone else, please raise your hand now, and I'm going to go to the board.

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Does the board have any questions?

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No questions.

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Anyone else have their hand raised, Tanya?

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No chair. We can move forward. Okay. So for the record, there is a letter of support from Wash West Civic, I believe, and a letter of non -opposition from Councilman Mark Squilla.

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That's correct.

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Correct. Okay. Calendar number 39334. 2424 South 8th Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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do you want the planning commission's recommendation oh i'm sorry ronnie i

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apologize ron planning commission okay thank you the first time in a long time i forgot you give

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me a break well this property is uh zoned for residential use on the city plan given the history

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of the mixed juice in this building we have no objection to the granting of variance all right

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so i'll do the vote one more time calendar number 39334 242 south 8th street my vote is yes

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my vote is yes my vote is yes my vote is yes thank you all thank you

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okay i'm sorry um before we continue um could i just mention that we are having technical

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difficulties with zoom i thought it was me okay cannot um come forward on the video zoom so i

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would ask that any attorneys or applicants who have witnesses please have them call into the zoom

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while our um technical staff is working on trying to fix the problem thank you

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Thank you. Calendar number 39525, 3875 Kensington Avenue.

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3875 Kensington Avenue.

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Augusta O 'Neill, you have been promoted to a panelist, and you can share your screen and speak now as you wish.

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and is mr grigos uh testifying as well is he putting on this case with you

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i think augusta you can unmute yourself

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i'm sorry can you hear me now yes we can uh great do you agree to waive the reading of

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its refusal to stipulate to its accuracy i do please state your name and address for

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the record? Augusta O 'Neill. My address is 1835 Market Street, Suite 1400, Philadelphia, PA 19103.

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I'm with the law firm of Claire Harrison Harvey Brandsburg. You swear to testify to tell the

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truth, the whole truth and nothing but the truth? I do. I asked, is Herc Gregos on this call?

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No, this is a matter I have with Brett Feldman of my firm. Okay, no, it has his name,

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your name and then slash his name. Okay, so please proceed. Thank you. Can everyone see my screen?

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I can now. Okay, great. Today I'm here with an application for the addition of a vehicle paint

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booth as part of an existing repair and auto sales shop. The paint booth is going to be added to

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an auto repair shop known as Auto Technology, which is located at the back of Best Buy in

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auto sales. This property is located in the Harrow Gate section of Philadelphia.

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I'm just going to pull up a zoning map just for context. It is currently zoned

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CMX 3. It is bordered by Buckeus Street to the west and Jasper Street to the

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north, aerial. It is zoned as CMX 3, which prohibits auto paint shops. As you

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can see from this aerial picture, the property is not located in a

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residential neighborhood. There are multiple auto complexes surrounding it.

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The property itself occupies an entire city block. There's a paint shop over

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here and over here. So adding a paint booth to this location would be consistent with the

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character of the neighborhood. The property has previously been approved for personal vehicle

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repair and maintenance. My client, Auto Technology, currently has a shop where it does body work for

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vehicles, and so it would like to be able to paint the vehicles that it does repair work on.

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Having the paint booth would therefore be a natural continuation of the type of work it

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already does. And just for context, I have pictures of the paint booth for you to

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look at. So this is what the paint booth looks like. As I said before, the paint

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booth is going to be in the back of a shop called Best Buy in Town Auto. This

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is looking at Best Buy in Town Auto from Kensington Avenue. The paint shop is

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going to be, if you go down this street, which is Buckeyes Street, in the back of

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this building there is a shop where my clients are currently doing auto body

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work. And for context, this would be the garage door and through this garage door

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would be where the paint booth is going to be.

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An additional picture for context. So these five bays, currently the auto body

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work is being done here, so having the paint booth over here would just, as I

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said before, be a natural continuation of the work they're already doing at the

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shop. My client has done extensive research on the type of paint it's going

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to use to make sure it says noiseless and odorless as technology permits. They're going to use what

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is called a low VOC type of paint, which is environmentally friendly. They have two employees

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who are currently trained on how to use the paint system, and if they are allowed to complete

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installation of their paint booth, their hours of operation will be from 830 to 530.

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On February 6th of this year, we met with the Harrogate Civic Association and presented this

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project to them. We received the support of every single member of the association

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of the association that was in the room that night and received 20 votes in favor of letting this paint shop open.

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that was in the room that night and received 20 votes in favor of letting

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With me this afternoon is Kim Kaplan from Best Buy in Town Auto, which has the auto sales in front.

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And just for additional context, I'm going to show members of the board a site plan.

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I can see that it's taking a minute to download.

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Actually, I'll go two different.

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I'm sorry.

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Okay. Just one second. Just trying to pull up the picture of the site plan. I'm sorry, the plan, so that you can get an idea for context.

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Can everyone see that plan?

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Yes.

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Okay, great.

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So right here is the showroom where vehicles are sold which is operated by

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Best Buy in Town Auto. If you go to the back of the facility this is where cars

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are worked on as part of the auto body work and this is where the vehicle paint

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booth would be. As I said before Kim Kaplan is here this afternoon with me

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from Best Buy in Town Auto. If you would like to promote her to be a speaker. Kim, could you raise

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your hand? Kim, you can unmute yourself. Yes, I am here. Hi, Kim. Have you heard my testimony

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you this afternoon and do you adopt it as your own yes excuse me oh i'm sorry i have to swear

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ma 'am i'm sorry please state your name and address spell your name for the record

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my name is kimberly kaplan k -i -m -b -e -r -l -y and my last name c -a -p like peter l -a -n my home address

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is 516 Delaware Drive, Sellersville, Pennsylvania, 18960.

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Chaplain, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Thank you. Please proceed, Augusta.

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Kim, have you heard my testimony this afternoon?

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Yes, I did, Augie.

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Was it accurate?

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Yes, it was.

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And do you adopt it as your own?

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Yes, I do.

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Thank you.

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Thank you.

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thank you uh if anyone else wishes to testify please raise your hand we'll we'll put you in

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the queue in the meantime there are any questions from the board yes uh councilman did you uh do a

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phase one environmental study uh we did not do an environmental study as part of our application

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okay thank you but the type of paint as i said before the type of paint that

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my client has invested in is what's called low VOC. So low voluntary organic compounds,

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which is environmentally friendly. And so, as I said before, there's none of the people in

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neighboring businesses, because as you can see from the pictures, this is not a residential

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neighborhood. This is a mostly, there's quite a few auto repair and auto sales businesses in the

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area, no one is going to hear anything or smell anything due to the technology they've invested

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in? Well, the report would give us evidence of that or some evidence of that. I'm sorry,

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I couldn't actually hear what you said. The report, the environmental report, phase one,

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would give us some evidence of what it'll do to the neighborhood.

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Would they not be required to have certain EPA standards?

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That I am not aware of. That was not something that we submitted as part of our application.

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If there are EPA standards that they are required to meet, they'll be required to do this to

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show that they met them prior to the issuance of the building they're the

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guard dogs all right any any other questions no anyone testify there's no

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one with their hands up chair thank you planning Commission so this property is

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owned for commercial mixed use on the city plan we have no objection to the

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granny of the parents thank you ron count calendar number three nine five two five

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three eight seven five kensington avenue my vote is yes my vote is yes

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my vote is yes thank you

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okay okay uh did confessor leave jim yeah yeah i got this last one you'll call the next one okay

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thank you okay calendar number thank you nine yes

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he said thank you oh okay i'm sorry okay here let me do that again scratch that

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all right uh calendar number 39480 4739 duffield street

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Rachel you have been promoted to panelists you can thank you counselor do you agree to waive

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the reading of the refusal stipulate to its accuracy yes name and address for the record

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So Rachel Pritzker, R -A -C -H -A -E -L, Pritzker, P -R -I -T -Z -K -E -R, Pritzker Law Group, 1635 Market, Suite 1600, Philadelphia, PA, 19103.

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You swear to the firm to tell the truth, the whole truth, and nothing but the truth.

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Yes.

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Thank you.

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Please proceed, Rachel.

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So we have this project at 47, 31, 35, and 39 Duffield.

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This is in collaboration with the Philadelphia Land Bank.

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So one of the lots is owned by my client, who is on the line as well.

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I believe him and our architect were experiencing some of those technical difficulties and did

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call in.

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So after I get through this, I will bring them up and we can swear them in.

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31 and 35 are under contract with the land bank.

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We have a letter authorizing us to seek these permits signed by Angel Rodriguez, who's

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their executive director, and we already own 4739 Duffield Street. This application is for

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consolidating these three vacant parcels and providing a surface parking lot for the expansion

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of the business located at the top corner called Arway Linen and Uniform Rentals. Although the

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parcel is on RSA 5, the immediate area contains a mix of industrial and residential zoning

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and reflecting sort of the long -standing light industry in the neighborhood.

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ROA Linning, for example, is on I2. The three refusals that were generated and I

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can bring up the our plans really quick so you can see screen this kind of gives

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you a view of the site the plans are here if you can see that provide for 23

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accessory off -street parking spaces to be utilized by the expanding business, a commercial business,

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again, that employs over 130 individuals, local residents, and those who've been there for many

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years. And again, there's a landscape buffer, things of that nature to protect from the

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neighboring RSA 5 properties. Just to go into, this is the letter from the land bank, again,

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authorizing our ability to seek permits and licenses and their support of us

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doing that for this project. Again this is for an expansion of the property

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located at 1696 Fulcron. I can sort of just show you what that

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site looks like based on our aerials.

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So this is the zoning map of the site. The existing

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business is here. These are the lots. They've been vacant for a very long time.

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businesses here. These are the lots. They've been vacant for a very long time.

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As you can see, these have been demolished. The structure was unsafe. It's been demolished.

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It looks like there's a boat on this lot. I don't think that's still there, but

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sort of this is the parcel we're looking at. And again, this is our way. As you can see,

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they have a really small parking lot here. So this is going to be utilized to help expand

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both from truck parking and car parking for employees and visitors. This is, again,

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the visual of the site. I'm going to bring up the refusal and RSA 5 as I'm sure the board is aware

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you're not allowed to have accessory off -street parking access by a front street and they also

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give requirements as to how many the bicycle spaces you have to provide. In this case I believe

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it's four. We're not providing the bicycle spaces because this is supposed to be utilized for

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the expansion of this business and adding bicycle parking will make it difficult to maximize

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the use of the lot and also would have to take away some of the buffering with the landscaping,

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which we thought was important given the residential mixed nature of this area.

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Again, the only way to access the site would be front loaded. So an accessory service parking is

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also not permitted in RSA 5. However, again, this is a collaboration with the land bank

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and this business so that they continue to operate and create jobs in our city.

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We met with the RCO, which was Frankfurt CDC.

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This is the letter that we sent out.

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We were lucky to have met with them January 29th, right before the pandemic.

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And we received a letter of support from them as they did understand that they are very

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familiar with the business and all the community work that they did.

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And even the owners had mentioned that we would be happy to provide the parking lot on

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weekends and stuff for community related activities as permitted by the city.

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So they were really excited about that.

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and also to get some of the cars off the street from the employees that have been parking there

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given the congestion. We also have a letter of support from the Councilwoman's office,

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Councilwoman Maria Canona -Sanchez, which is here again in your packet,

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our certificate of mailing, sent it to 81 people, and again, I already provided the plans.

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I don't know if the board has any questions, but I'd like to also bring up the owner so he can

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just introduce himself, speak to my testimony, and we also have the architect as well if there

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are any questions for him. Please bring up your witnesses. Thank you. Those who are testifying,

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please raise your hand. Callers on the phone, you want to hit star nine to raise your hand,

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or Rachel, if you have the last three digits of the number, either or.

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For Mario, the last four are 4833.

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Are you able to see that on the line, Tanya?

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Yes, I have two callers that I have allowed to unmute themselves so they can go forward and speak.

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Thank you.

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We'll bring up your witnesses first, please.

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Okay, Mario.

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I don't know if anyone else is here, but your witnesses first.

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Sure. Mario, if you want to just state your name, spell your last name for the record.

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Sure. Good evening. Mario Stagliano. It's S -T -A -G -L -I -A -N -O.

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Stagliano, 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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Thank you. Please proceed.

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Mario, could you just explain a little bit about your connection with the business, you know, the work we've done with the land bank to this point?

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And I think that'll kind of help to explain the value that this project will be providing and a little context about the business.

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Sure. So I am a partner in the business, Arway Linen in Uniform.

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We've been at the location at 1696 Fulk Route since December of 1985.

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Prior to the pandemic hitting, we employed full -time about 140 employees, which most are local in the neighborhood.

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We are a union shop for our drivers and our plant, which we're proud of.

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We inquired about these lots in 2012.

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12. I've also gave testimony in front of city council on behalf of the land bank to help

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get the land bank passed in the city. So we've been working with them since day one on this

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project. And, you know, we're a family owned and operated business and we're, we were growing

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we were growing and we're hopeful to continue to grow and with this additional footprint helps us

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and we're hopeful to continue to grow. And with this addition.

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spread out a little bit like Rachel mentioned and you know as as business comes back we're hopeful

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to not only get all of our jobs returns but to add more as well as we continue to build onto a

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footprint and acquire some new clients along the way. And Mario have you heard my testimony in

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of the board and do you adopt it as your own i have and i do okay um we also have david williams

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who's our architect um i don't know if they're the board has any questions for him in particular i

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won't spend the time i'll ask that question any questions uh from the board no or rachel or the

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architect no no okay with your testimony

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rachel you're finished uh yeah i'd like to just if he can just put his name

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an address on the record just in the event that

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we need it later on i think that would be helpful so david if you're there if

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you could just say your name spell your last name put

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your address on the record sure david williams aia w -i -l -l -i -a -m -s

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Metcalfe Architecture and Design, 211 North 13th Street, Suite 503, Philadelphia, PA, 19107.

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Thank you.

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Thank you.

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Anyone else wishing to testify on this matter?

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Chair, I have Sloan Folks.

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Okay.

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Mr. Folks, you're up.

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Mr. Folks, just identify yourself with the record again.

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Sloan Folks, S -L -O -A -N -E, F -S -A -F -I -R -O -L -K -S.

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Office of Councilwoman Maria Quinonez Sanchez, 7th District, 508 City Hall.

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And you were already sworn in, so you're still under oath from the previous case.

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Thank you. Thank you, Chairman.

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Just for the record, the applicant has met with the convening RCO and has received a letter of support.

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Therefore, the Councilwoman is offering her support for this various request.

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Thank you very much. Appreciate it.

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okay any questions from the board no anyone else Tanya anyone else no

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chair no hands are up you can go forward thank you Planning Commission so while

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this property is zoned for residential use and the city plan given the business

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expansion needs we have no objection to the granting of the variance provided it

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fully complies with the landscaping requirements of the code and obtains a

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stamp to verify that it has received that we do have that stamp we have to

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get that scanned in as we submitted this hard copy but we will absolutely comply

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with that thank you thank you calendar number three nine four eight zero four

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seven three nine duffield street my vote is yes my vote is yes my vote is yes

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okay thank you does that conclude the hearings

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i believe so any further business tanya or sharon no cheer okay we're all good all right

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everyone stay safe thanks frank you too take care everyone take care

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good night james good night everybody good night thank you abby

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have a good night everyone good night

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