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Hearing video

ZBA Hearing - November 6, 2024

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

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Yeah, absolutely.

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Sorry, when I – there we go.

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Sorry.

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Okay, here we go.

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so this is a typical kind of exterior as you can see the brick facade

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this is the kitchen so as you walk into one of the homes the kitchen

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is on the first floor zach and mr frankel had alluded to um dining area is provided

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there's three bedrooms but this is what a typical bedroom looks like

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and then this is they all have private outdoor space like this for the yard

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okay all right thank you thank you the other questions from the board

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questions or comments from our attorney hillary emerson

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very briefly mr chair i just excuse me want to note the the pictures of the of the prior

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houses that have been done i don't think those were with the original exhibit packet so

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if you could send those

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over by tomorrow for our records, that would be

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great. Thank you. Absolutely. I apologize.

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What's your comments from the

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virtual audience?

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I see no hands at this time,

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Chair. Any commission?

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Yes, this is Ron

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Bednar, first name Ron, R-O-N,

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last name Bednar, B-E-D-N-A-O.

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Do you

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swear or affirm to tell the truth, the whole truth

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and nothing but the truth? I do.

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please proceed sir uh the property syndicated for residential use on the city plan in 2017

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it was remapped from our um from rm1 given the site's documented history

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and physical conditions we recommend the request of variance be granted chairman

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and physical conditions we recommend the request of variance be granted chairman am i yes can we

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confirm that it's not associated with pha please i've seen some pha information inside the

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documentation does this have anything to do with pha at all this is an application in partnership

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with the land bank okay i've seen some pha stuff inside of your presentation oh i'm sorry that was

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just um i just wanted to provide the board with some information about the ribbon cutting that my

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uh clients have been involved with on a prior application just so that the board could see

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the good work that the frankles are doing in the city no problem thank you thank you

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mi 2024 005 494 1526 north a street i vote yes

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sir i guess then my vote is yes

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tennetta graham my vote is yes ishmael shaheed my vote is yes

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the council could you and mr frankel stay on the line please yes absolutely we're going to go to

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number 15. So MI 2024, 006-473-1530 North Darien Street. Council, why don't you start off by,

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before we move any further, tell us about what the mistake you think is there.

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Yeah, so on the refusal, I just noted this a few minutes before, and I confirmed with my

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project engineer, he thinks it's a mistake also. There are two lots being created, and

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And the second refusal notes that the minimum rear yard setback is nine feet, 7.25 feet as proposed parcel B.

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That refusal should actually apply to both parcels because each has a 7.25 foot setback and requires nine.

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No, not just Hillary.

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Yeah, no, that's fine, Mr. Chair.

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I think, I think probably what happened, I'd have to look at it again, is it just wasn't counted twice.

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Is that what you're saying, Ms. O'Neill, that it should have been like an extra refusal for that, not just for the one parcel?

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Yeah, just because I only know the one parcel, just to be absolutely clear.

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Oh, sure. Yeah.

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Yeah, that's fine. We're putting, we're putting that on the record now that both, both parcels need a rear yard depth refusal.

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We don't need to make any further changes for, for something like that, as long as we have it on the record here.

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Thank you.

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Thanks so much.

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Just for the record, our vice chair has a few questions.

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Counsel, do you agree to read another refusal or stipulate to its accuracy?

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Pursuit to the conversation we just had.

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Understood.

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Yep.

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

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I did.

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Thank you, counsel.

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Please proceed and share your screen.

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Thank you so much.

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So apologies if any of this is repetitive.

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but again this is another application where I'm representing Frenkel Enterprises. This is for a

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property that's very close to the other property that we just discussed. This property is at 1530

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North Darien Street and again just to orient the the board to the site.

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An overview showing the the property but here's a closer picture of this vacant lot that again my

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clients are going to be taking this lot and they're going to be creating two new lots with

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two single-family homes on them. Again, the application is a partnership between

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Philadelphia Land Bank and Turn the Key and my clients. They're taking these vacant lots to

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create those single-family affordable homes. Again, the information about the Turn the Key

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program and frontal enterprises was also provided at tab four and five of this exhibit package for

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this application um just to reiterate this turn the key does provide those workforce affordable

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homes uh that provides a path to home ownership for qualifying applicants many of whom are city

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employees um the average run as i stated before for a two-bedroom apartment is close to two thousand

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dollars in philadelphia whereas the average mortgage payment for a three-bedroom home

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provided through this program is only $1,300.

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Also, why don't you show us the lot?

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Why don't you show us the lot?

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Sure.

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Just to be...

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I was actually just going to briefly go over the refusal again.

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So the application received two refusals.

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We're required to have 1,440 square feet.

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We're proposing 832 square feet for one of the lots,

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924 for the other.

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the rear yard setback as we just discussed um we just need a de minimis variance we're only

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We're only proposing 7.25 square feet.

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proposing 7.25 square feet um we're required by code

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We're required by code to have nine just to bring up the plan.

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PDF changed on me and now it's

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we actually can't see anything on your screen.

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Oh, I said. Yeah.

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Oh, I'm sorry.

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I thought I was showing it the whole time.

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Here we go.

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They're coming up now.

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Great. And now it's not responding. This is just unbelievable. Sorry. I apologize. So while I'm waiting for that to load, I would be happy to just point out pages in my exhibit package where the various exhibits can be found in case you're able to access them on your computer.

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but uh page 99 the zoning plan is provided and it again just shows the uh the applications being

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proposed in the the dimensions um these are fairly generously sized sorry this is

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uh these homes are over 600 1600s per feet so despite despite the lot size um refusal these are

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fairly large size um houses um and similar to what i had shown earlier um this is again a typical

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kind of uh what the homes are going to look like after being constructed again they do have that

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nice attractive interior um with a generously sized layout and three floors a large private

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backyard oh no council one of you shows the lot that you have a photo of where this lot is like

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you did the last one oh i'm sorry i thought again i didn't realize it wasn't screen sharing oh that's

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okay just here we go okay yeah this is what the lot looks like so you can see vacant weed strewn

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really overgrown so instead of it looking like this you're going to have these nice single family

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homes in the neighborhood instead um and so just to again briefly go over the variance criteria

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the uh variance relief that we're requesting i would represent the board does represent the

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minimum variance that's going to afford relief these are fairly de minimis dimensional um

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variances that we're asking for this afternoon it's not going to increase congestion in the

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public streets or increase the danger of fire or otherwise in danger of public health safety or

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welfare there's again only these two single family homes that are being proposed at the site

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it's not going to uh injure the appropriate use of the adjacent conforming properties uh as i said

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before this will be a significant improvement because it's you know not going to be the the

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weed stream lot that that you currently saw um again due to the number the small number of the

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homes are being added here the grant of variance is not going to adversely affect transportation

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or water school sewer school park or other public facilities this was another application that was

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reviewed by the north central rco um we do have a letter of support in part because it's not going

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to be um adding apartments uh we do also have a letter of non-opposition from councilman young

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in his office um and with that being said i would ask that mr frank will again be called forward so

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that he can stop my testimony and uh so that we can make ourselves available to for any questions

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the board may have mr mr frankel you've already been sworn just state your name for the record

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zachary frankel please proceed council thanks so much uh mr frankel did you have an opportunity

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to hear my presentation about 1530 north darien street i did was everything that i said true and

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accurate it was was there anything that you wish to add no questions from the board

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Yeah, I have a question. I wish to add some floor plans. I think we heard several of these turn to key, you know, cases. And, you know, while, you know, the descriptive measures about, you know, the progress and, you know, the benefit to affordable home ownership is great.

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It would be nice to have floor plans, especially, you know, if you're continually coming to the board, you know, with the same design, quote, unquote, zoning plans.

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So I think, you know, a floor plan would be great, even if it's the same floor plan for different sites.

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You know, floor plans would be nice.

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That's what we ask for most folks.

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So I don't think it should be any different here.

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Absolutely.

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Mr. Frankel, you heard that?

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Yes.

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Thank you.

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um questions or comments from our attorney hillary emerson

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um just to note that there is a um corrected refusal in this case mr

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Just to note that there is a corrected refusal in this case, Mr. Chair.

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Yep, I see it.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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This is Ron Bednar, City Planning.

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Properties indicated for residential and the city plan in 2017.

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it was remapped from RM1. Given the site's documented history and physical condition,

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we recommend the perseverance be granted. Thank you. MI 2024-006-473-1530 North

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Daring Street, I vote yes with proviso. Per refusal, dated 11-6-24.

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Cheryl Gaston, my vote is yes with proviso.

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Senator Graham, my vote is yes with Proviso.

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Dishnamal Shaheed, my vote is yes with Proviso.

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Thank you, counsel.

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Thank you so much.

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Number seven, MI 2024-005-487, 34 to 40 South 11th Street.

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Leonard Altieri is the attorney.

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There is unanimous non-opposition from Washington Square West and a letter of non-opposition from Council Member Squilla.

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Leonard Altieri will be rejoining us as a panelist.

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Mr. Altieri, could you please state your name and spell it for the court stenographer?

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Leonard Altieri, L-E-O-N-A-R-D, Altieri, A-L-T-I-E-R-I.

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Where are a firm that tell the truth, the whole truth and nothing but the truth?

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I do.

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

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My client is National Real Estate Development.

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They are the owner of the property located at 3040 South 11th Street.

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Our vice chair has a few questions.

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Good afternoon, counsel.

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do you agree to waive the reading of the refusal or stipulate to his accuracy i do have you emailed

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in all the required documents and exhibits that's needed to proceed with this case five days in

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advance of this hearing we have thank you council please proceed to share your screen thank you

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council do we have a signed lease council i i do not uh i do not know if we provided that lease

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or not mr chairman hillary yeah we only um we only have the the cover page in the index we don't have

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information about the the terms and also the signature page to show that it's been executed

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so the board could hear the case today but we have to hold it for that information because

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that is proof of standing that's fine yeah i can i can have that information sent over i apologize

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if it wasn't provided by my office already.

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Thank you.

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Thank you.

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Please proceed.

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I'm sharing my screen now.

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Can you see the screen, Mr. Chairman?

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We can.

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All right, perfect.

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So again, my name is Leonard Altieri,

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representing the applicant,

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the property owner for the property

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at 3040 South 11th Street.

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We're here this evening

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or this afternoon, I should say, because of the frontage of our address being on Chestnut Street.

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So the property is part of a mixed-use commercial office restaurant development area with a public

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courtyard. To orient the board, I do have right now the refusal, which is up here. We are located

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in the CMX 5 zoning district, the Center City Core Commercial Mixed-Use Zoning District.

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We also have nine overlay districts on this property.

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The one that's applicable for this afternoon is the Center City Overlay District, specifically the Chestnut and Walnut Street area west, which requires a special exception for any restaurant that has frontage on Chestnut or Walnut Street.

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Now, while the building itself, which is located right here, has an address on Chestnut Street, our property or our space is going to be right here off of a private Clover Street, which is located right here.

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