civus
Hearing video

ZBA Hearing - July 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20204h 53m

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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