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Hearing video

ZBA Hearing - November 6, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 6, 20244h 58m

we're, we haven't done that because that's when the, when we did, we were doing the second floor

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first, we went live and then that's kind of when the license thing took place. So before we put,

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do anything else. We wanted to make sure we had the license before we proceeded.

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Okay. Do you, do you have plans for the, what, what you want to do on the first floor?

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Um, the first floor is already ready. Um, it's, it's just a matter of, um, the second floor was

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a lot more outdated. The first floor was updated, you know, within the last five years.

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so so you're showing the second floor now correct

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hillary i i don't i don't i'm not sure we can vote on this one we don't want to see what we're

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voting on on the first floor mr chair we can conduct a um resumption hearing if you would

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like to see photos from the first floor yeah i mean i think we at least want to see what it looks

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like okay um so is this is is this currently a duplex or is this just a single family and what's

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the it's currently duplex um we've owned it you know for 21 years it's always been a duplex

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it was built as a duplex it's an end unit zoned as a duplex it is it was built as a duplex

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what he's saying is he he was going to do the work on the first floor to fix it up

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but he wants the approval first i mean i i think we've at least to see what it looks like and then

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what what plans he tends to do on the first floor i i guess i'm just confused why is it duplex he

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wants to do uh a airbnb i mean you know he wants to do airbnb on both floors oh okay gotcha

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so hillary why why don't can we just is there anything else to do with this i mean

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i think we'd like to have if we could schedule a resumption hearing if you to to show pictures

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and take public testimony and the um planning recommendation of the planning commission at

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that time we're going to do a resumptive hearing for this because we we need to at least see the

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first floor. Okay. All right. I'm sorry. You don't have to be sorry. So we'll be in touch with you

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So we'll be in touch with you and tell you when that's going to be, okay?

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and tell you when that's going to be. Okay. Okay. Thank you.

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Okay, thank you.

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Thank you.

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All right, take care.

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All right, let's go back here.

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So one is done.

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One is done.

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Two, three, four, five, six, seven, eight.

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Number nine and number 10.

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MI 2024-004-038, 1105-09 Frankfurt Avenue, and number 10, MI 2024-004-041, 1111-13 Frankfurt

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Avenue. Adam Laver is the attorney. There's letter of support from Fishtown Neighbors,

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letter of unanimous support from Kensington Area Business, and a letter of non-oppositions from

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Council Member Squilla. Mr. Laver, could you please state your name and spell for the court

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stenographer? Good morning, Mr. Chairman and members of the board. Adam Laver, L-A-V as in

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Victor, E-R, on behalf of 1115-27 Frankfurt Driss, D-R-I-S-L-P, the owner of the subject properties.

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We are referring to tell the truth, the whole truth, and nothing but the truth.

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Yes, Mr. Chairman, I do.

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Vice Chair has a few questions, Mr. Labor.

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Thank you.

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Good morning, Counselor. Do you agree to wait and read another refusal or stipulate to his accuracy?

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Good morning, Mr. Vice Chairman. Yes, I do.

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Have you emailed in all the required documents and exhibits as needed and required to proceed with this case five days in advance of this hearing?

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Yes, Mr. Shahid, we have.

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Thank you, counsel. Please proceed and share your screen.

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Thank you.

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The subject appeals concern the properties at 1105-09 Frankfurt Avenue, which would be towards the right of the screen, and 1111-13 Frankfurt Avenue, towards the left of the screen.

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You're seeing a street view at the top, and you're also seeing some interior photographs of these historic structures.

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The ownership team represents a partnership between local developers Roland Cassis and Jason Nussbaum.

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And I've appeared before this board on behalf of Roland and Jason not so long ago and many times.

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They are an active presence in this community.

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They care about it very much. Tom Hallinan is also present on behalf of the ownership.

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And I'd like to note that Janice Woodcock of Woodcock Design Architects joins us in the virtual hearing room this morning.

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The proposal before the board is for a car collector enthusiast social club.

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And I couldn't help but noticing during one of the recent hearings just a couple ago, an image of a 1950 Cadillac Series 62 Coupe, which looked rather dusty.

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But I must say there was a lot of chatter over text about that amazing car and how that would be the subject of a lot of interest for what we're proposing today.

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Okay. So the proposal is for a car enthusiast collector's club known as Cannonball. There is

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one locally, which we'll get to in a moment. And this is also a growing trend throughout the

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country, a space for car lovers to gather to share their passion and knowledge of cars,

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in this case, in a unique historic setting. And as I said, there are several similar iterations

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throughout the country. But this is a local group. Cannonball was founded by Chris Allen,

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who's with us today, and they currently operate in Huntington Valley and can be found

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on the internet or for those who wish to go and take a look. On the screen before you,

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you can see some images and information regarding the unique historical nature

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of these properties. And unfortunately, they've sat vacant and not in use for over five years,

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despite attempts to repurpose them. Previously, the buildings comprised portions

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of what was the historic Morse Elevator Works, and you can see that name up here

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on the upper image. The adaptive reuse proposal of the historic properties would clearly add to

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the vitality of Frankfurt Avenue's commercial corridor. Here you can see aerial images of

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Here you can see aerial images of current conditions.

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current conditions.

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And in the lower right, we have a close-up just to frame it for you on the commercial corridor.

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Just here to the left, if you're looking at the properties of the site, is the future home of the West Contemporary Art Collection.

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and the subject properties are close to several thriving Fishtown local businesses.

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So it really fits in well with what the Fishtown neighborhood is trying to achieve.

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The zoning map is now on the screen and you can see outlined in blue the CMX 2.5 properties.

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However, I'd like to note that the properties are subject to the historic structures use exception

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of section 146027 of the zoning code. And you can see one of the letters from the Philadelphia

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Historical Commission certifying the historic nature, of course, of these properties with the

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Morse Elevator Company that I had shown you recently. What does that mean? It means that

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with the certification, absent the NCA overlay, which I'll address shortly,

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absent the overlay the proposed use would be deemed as solely requiring special exception

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relief and the code certainly speaks to the public policy behind encouraging adaptive

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reuse of historic treasures such as this there is historical value to these properties

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the ownership intends to preserve, both outside and inside, and again, I brought up photographs

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of the inside for you to take a look at. Although there is not regulation, as this board knows,

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of the interior, this team is looking to preserve as much as possible. And the uniqueness of the

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concept, as you'll see in the floor plans and conceptual renderings shortly, allow that to

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happen in a way that some other uses would not. This respects the surrounding area. It meets the

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spirit and intent of the zoning code in the plans presented. Janice Woodcock, who's the lead

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architect, has designed a plan that would preserve the historic elevator company structures

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while allowing for a vibrant commercial use. The survey that's on the screen right now just shows

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you that the two properties are adjacent to one another the exteriors would not change however

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interior breaches would allow for the use through both of them and here you can see proposed floor

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plans let's start at the far left if you don't mind the cellar strictly limited to back of house

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storage and a small staff room that says staff locker if you can't see it due to the small type

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The ground floor experience. So where the cursor is, is Frankfurt Avenue at the bottom of the screen. And vehicles would enter right here through an existing curb cut. And I'll go through that with you in a moment.

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Pedestrians would enter through an entry lobby, and I'll go through the uses for what is a social club, an enthusiast club, momentarily.

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Let's just go to the experience if you're taking in that 1950s Cadillac coupe to show to other enthusiasts.

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You would come in off of Frankfurt Avenue and you would be met right here at the door by valets. There would be no driving of vehicles by anyone other than trained professional employees to put them into this special type of storage for others to view and see and share a combined love of cars together.

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Same thing in and out.

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You're going to have really what is a valet experience, and that will happen within the property line.

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Going back to the floor plans.

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So on the first floor, you get a sense of how the vehicles would be stored, and there is room for approximately 75 collector vehicles.

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You also see areas for social gathering spaces to show off perhaps a evening that looks at vintage Cadillacs or Jaguars or Chevrolets and have wine and cheese and camaraderie together.

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and have wine and cheese and camaraderie together. You'll also see that in the second existing

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curb cut, I had mentioned that there are two existing curb cuts, there is an area for

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specialized detailing only. Not service, not anything else, and our application says it, but

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specialized detailing only within the property line. And then up above on the second floor,

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food and beverage. And you'll get a better sense shortly with some of the conceptual renderings

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about how the team has really thoughtfully used the existing elevator company to

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retain as much as possible. What do I mean? You see areas that I've highlighted that say open to

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below. We're not trying to cram as much as possible, but really to have a graceful space.

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The garage hours of operation would be approximately 8 a.m. to 6 p.m., with social

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member operations expected to about 10 p.m. In terms of impact on the commercial corridor,

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this is not an in-and-out garage. This is not going to park your car and go to a restaurant.

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That's not permissible. This is for members of the social club, and it's a different concept.

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It's a creative concept. And in fact, in making this application to LNI, we met with senior members of LNI because there was nothing that quite captured what we were doing and wanted to make sure we were doing it with the guidance of the department, which we did.

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So approximately 10 vehicles would enter and leave the facility each day, and a membership of 250 to 350 people is expected.

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Similar to the way some other social clubs in the city operate, some events would be open to the public because this is part of the community, meaning we don't want this to be hidden from the community and people would be welcomed in, which members of F&A, for example, like to see the cars from time to time, etc.

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etc. The notices of refusal, there are two for each property, are the same. Event assembly

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facility is prohibited within the NCA overlay. Some members of the zoning board may remember

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that the prior zoning code would refer to a use like this as a private club. It's now classified

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under the code as an event assembly facility, which requires use variance review under the

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overlay. This is the car enthusiast version of the Pen and Pencil Club in Center City, the Clay

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Studio, a Masonic Temple, similar in some respects to the Simeone Foundation Auto Museum, but it's

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distinct quite clearly from nightclubs and public entertainment venues, which is a different use,

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which is not being sought and does not apply here.

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Getting to the conceptual renderings, you saw this one at the start.

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Here is where my cursor is, Frankfurt Avenue beyond that door.

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You would come in and the cars would be shown off by the valet or perhaps even on the floor for an event.

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And on the upper level, you would look down.

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Here we are on the upper level looking down, members gathering together, enjoying a drink, a bite to eat.

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Here you get a sense of what this space would look like.

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Here we are on one of the upper levels.

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There are also co-working spaces and meeting rooms, not unlike a smaller version of the Fittler Club, for example.

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So, you have a sense of preserving a legacy structure, repurposing it for continued commercial

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use which meets the scope and spirit of the code as a whole as well as the commercial district

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specifically, and other provisions that encourage adaptive reuse of historic structures. Regarding

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support, Fishtown Neighbors Association, the coordinating RCO, offered its support for the

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project, noting the benefits of adaptive reuse of a historic structure, filling a long vacant

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commercial space, and I should note that all nearby neighbors that attended were in support.

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The Fishtown-Kensington area bid offered its unanimous support in a letter that spoke to the attributes of the proposal, and Council Member Squilla also noted the support of the coordinating RCO.

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The Fishtown-Kensington area bid offered its unanimous

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We would be pleased to answer any questions or go back to any of the exhibits that I have shared.

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In closing, the authorization of variance relief would not alter the character of the neighborhood or district or be detrimental to the public welfare.

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The proposal fits into the surrounding neighborhood as evidenced by the coordinating RCO support, in addition to other expressions of support, speaks to the granting of relief being of benefit to the public and within the spirit of the code.

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The proposed variance would represent the minimum variance that would afford relief

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and will represent the least modification possible of the regulations at issue.

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The grant of variance relief will not substantially increase congestion in the public streets,

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increase the danger of fire or otherwise endanger the public health, safety, or general welfare.

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Once again, the anticipated usage in terms of vehicles in and out

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conservatively is expected at about 10 per day.

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The plans represent the highest and best use for this historic site.

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Proposed development respects the legacy of the historic site while furthering neighborhood stakeholder visions for a vibrant commercial corridor.

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There are no environmental issues.

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Thank you, Mr. Chairman and members of the board.

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You want to bring your owner on to adopt your testimony?

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Yes, please.

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Mr. Hallinan, I know that you are present in the virtual hearing room.

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Would you kindly raise your hand so that you can be acknowledged by Chairman Bergman?

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Good morning, Adam.

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I'm here.

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Thank you, Tom.

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

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Sure.

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Tom Hallinan, T-O-M, last name Hallinan, H-A-L-L-I-N-A-N.

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We're affirmed to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Please proceed, counsel.

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Thank you.

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Good morning, Mr. Hallinan.

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Have you been present during the entirety of the hearings in these combined matters before the Zoning Board of Adjustment this morning?

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I have.

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And would you adopt and affirm the testimony that I've offered as your own?

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Yes.

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Thank you.

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Well, Avery, how long has both properties been vacant?

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Since 2019, Mr. Chairman.

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Questions from the board.

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I have a question about the detailing, you said it was special detailing. So am I to understand that, say, if I wanted to bring my car there for the showing that day, I can get a detail prior to the showing? Is that just for the club members?

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It's for those who are members of the club. It's an amenity, if you will, Ms. Graham, for the club members.

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okay question shown the word yes uh okay so uh how many slots are we talking about for these cars

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inside this property yes uh miss gaston approximately 75 there's 75 slots there

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yes okay and then it's you said something about 10 cars per day going in and out yes let me let

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me go ahead let me let me let me tell you what i'm i think i'm hearing from the presentation

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okay so the idea is that uh these um car enthusiasts which okay i'll freely admit i love

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cars um will uh uh be able to i guess bring their i'm assuming these are vintage type cars

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and they're going to be able if they're members of this club they can bring them there

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for purposes of i guess storage uh instead of having to keep them in their houses or wherever

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else they may be? And also that they will be able to, I guess, do whatever upkeep, maintenance,

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what have you, on them while they're in this facility? Is that?

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Generally, yes, with one clarificatory comment that I would like to make. No maintenance,

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no repair. To Ms. Graham's point, yes to detailing upon request, but this is, as you said, Ms. Gaston.

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And this is, as you said, Ms. Gaston, longer-term storage, sharing of something that you want to show off, share with others, as perhaps an art collector who has beautiful paintings, likes to have them at home, but sometimes will put them on loan to a museum or an art gallery for a period of time for others to see.

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okay and um so we or so you drive them in somebody takes over and then parks them in one of these

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slots or they're going to be um basically like a kind of rental thing where you would

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be able to rent a slot for your car here and so they would the valet would do this

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