civus
Hearing video

ZBA Hearing - October 20, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20205h 24m

Technically the Chinatown Development Corporation

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was in non-opposition

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and the Callow Hill Neighborhood Association

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was in support of the granting of the special proviso.

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So the provisos that they had you can see here were indicative. They wanted to make sure that

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we were soundproofing both of the upstairs spaces we agreed that we had. They wanted to make sure

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there were no complaints about trash. Again the first floor of this building is

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uh you're you're freeze up you're frozen location at the property um and they just

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wanted us to make sure that we would continue handling it the way we had and we have commercial

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cleanup um they also as you'll see in the pictures they wanted to reduce noise on north 11th street

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which is uh cowhill street has no residential location um

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Callow Hill Street has no residential addresses, but North 11th Street does have a few further

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down the block, so they asked that we use our Callow Hill Street entrance and exit for

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the building, which we had no problem with.

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So going to, here's, the property is right at the corner of North 11th Street and Callow

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Hill Street.

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it is right across the street from the elevated rail tracks the rail yard is not far away

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right across the street is a large dh and trading commercial lumber yard and construction facility

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and this as you can see is a large warehouse and industrial use area it is located in an

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IRMX district, and therefore is allowed by right, as I stated. Here are some pictures. This is

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the main entrance of what you'll go upstairs right from there, and the two facilities will be

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here. Here's an image just to show this is an alleyway right to the east of our property.

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That's where we have regular trash cans stored. We've never had any kind of dumpster or anything

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like that so it's never been an issue again we have commercial trash pickup that has been uh once

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a week or in an as needed basis if there was some big event um you can see here we're you know again

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the building's not changing four stories just like everything else right across the street is the uh

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the rail yard here um here's the access to the trestle in at the other end of our building

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um and again this is this is basically what we look at right across the street so

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just an extension of the trestle in so this is not going to be an extension of the trestle in

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it is uh run by the same owners but they are looking to do two smaller more intimate uh cabaret

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and cocktail areas up there um and i will show you you actually got right where i was going

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So here's a floor plan of the Trestle Inn. All the access usually comes right here off of

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Callow Hill Street. You have the existing bar in an open room here. You know, hopefully when

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coronavirus is gone we can finally start having these neighborhood bars open back up again.

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In the back you'll see a small lobby ADA lift and a set of stairs. That will take you up to

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the second floor you'll go through the hallway this is the first event space for about 50 people

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and then there will be another cocktail lounge at the front this is north 11th street and this

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is callow hill street on the third floor will be an accessory office space for the owners of the

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building who will operate you know they will own both the second floor and the first floor but they

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will be operated as separate entities, not meant as overflow space. And this was just some of the

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highlights, which is commercial trash collection. They're going to maintain the same public hours,

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which are Wednesday through Saturday, 5 p.m. to 2 a.m. No one had any issues with that. We've

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installed new sprinklers, new outdoor lighting, security cameras. And, you know, not to belabor

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the point but for all these reasons we felt and the community agreed that there were no adverse

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impacts to the community and that certainly the proposed use that is presented today was no more

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burdensome to the community than any other similarly situated use as would be proposed

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and acceptable under a special exception so with that i will stop and i'll happily respond

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any questions that the board may have otherwise i will just present uh one of the owners uh mr

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ian cross yeah please bring on your owner and then we'll receive these questions all right

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miss sunkett if you could just uh bring mr ian cross into the if you can ask him to raise his hand

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Oh yes

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He's available to unmute and be sworn in

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I don't know, can you hear me?

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Yes

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Yeah, I lost the visual

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So sir, would you please identify yourself

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Name and address

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Yes, my name is Ian Cross

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Of 339 North 11th Street, Philadelphia

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

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Yes, I do.

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Please proceed.

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Yes, Mr. Cross, you are the owner of the property, correct?

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Yes, that is correct.

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Yes, that is correct.

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And you will be in charge of the operations of the building?

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And you will be in charge of the operation?

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Yes, that is correct.

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Okay.

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And you heard all of the statements and testimony that I presented already today?

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Yes, I did.

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And was everything true and correct to the best of your knowledge and belief?

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Yes.

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Okay.

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And would you adopt all of my testimony as your own?

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Yes.

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All right.

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Thank you very much, Mr. Cross.

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uh chairman i would uh offer mr cross or myself for any questions from the board otherwise

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we would rest our case thank you questions from the board no no anyone would like to

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testify in this case if so please raise your hand no hands at this time thank you planning commission

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good afternoon board peter bernard for the planning commission

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peter please i'd spell your full name for the record and uh swear you in

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p-e-t-e-r b as in boy a as in apple r as in roger n as in nancy a as in apple r as in roger d as in

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dog you're swearing for him to tell the truth the whole truth nothing but the truth yes please proceed

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this property is indicated for industrial commercial mixed use on the comprehensive plan

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we do not feel this will have a negative impact on the community accordingly we have no objection

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to the granting of the special exemption thank you let the record also reflect that there's a

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letter of non-opposition from councilman scruller mi-2020-000284 339 north 11th street my vote is

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yes my vote is yes my vote is yes thank you confess we can go to number one i lost the

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visual i'm going to turn off and get back on but if i lose you just proceed okay no problem uh

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mi 2020 dash 000 846 93 herman street

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The attorney is Henry Clinton Clinton.

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Hi Mr. Clinton, you're still on the oath from this morning.

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Please identify yourself with the record and proceed.

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My name is Henry Clinton, Queen Memorial Building, 1313 South 33rd Street, Philadelphia P.A.

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19146.

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Thank you.

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Confessor.

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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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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral,

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photos and plans five days prior to this hearing?

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Yes, I have, Mr. Plaza.

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Also, have you met with the RCO and have a letter?

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Yes, I do.

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Thank you.

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Please proceed.

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Ms. Sulky, can I share my screen?

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Yes, you can, Mr. Clinton.

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can everyone see the cover sheet yes we can may i ask that you maximize your screen

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better perfect thank you thank you miss honkett uh this is my appearance stage

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statement table of contents exhibits A1 through A11. The deed indicating that my client who was

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on the call, John Belieu, owns a property through his entity. The architect is also on the call,

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Rustin Olver. This is zoning notice notification to the neighbors. This is the refusal. Refusal

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concerns mainly the use of the property and the parking, which I'll get into later. This is

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proof of our mailings, mailed out 144 letters to various properties in the neighborhood, tax cert,

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application. This is the zoning map indicating the odd shape of this particular lot and I'll

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tell you why that's important as we move on. We also have a letter of support from the Faith

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Community Development Corporation whom we met with on two occasions. Here's a letter of support.

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they do ask us to coordinate construction between this project and another project which will be

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heard during this session on the same street they also ask us to make sure that we stage the

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construction of these two projects if we're approved for both projects and then also they

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and then also they ask that we make sure that we contact the neighbors and the near neighbors

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I ask that we make sure that we contact the

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concerning the roof deck that is on the property and we've agreed to all three of provisos

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here's a letter of support no opposition at all

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here's some photographs of the property this is an aerial view

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shaped somewhat like an L.

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It's a corner property.

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From what we've been able to tell,

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it's been vacant for a long period of time.

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Overgrown in some parts.

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And here it is again.

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What's important here is

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this is the property at 93 Herman.

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And all the properties

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that are in blue are multifamily.

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There are some that are for family dwellings

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here across the street.

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there's some that are two, but it's kind of a blend of single families, which are in the brown

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color, as well as multifamily, which are in the blue. And that's why when we met with the community

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group, they understood that there were multifamily in the neighborhood. These are the floor plans.

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This is the elevation. The elevation was well-received because of the brick,

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typical red brick that we see in Philadelphia

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and some panel areas above.

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Basically, we're asking for a four-family dwelling

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in a three-story property.

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There's no issues with height.

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The refusal, which I'll go back to and explain,

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indicates that required parking is four. We have two-car parking for this project.

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Also, the LNI examiner pointed out the open space area. We believe that since this is less

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than 10%, it's a diminuous variation from the code. And on the setbacks, you really can't set

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back the house from the front of Herman Street nor from the side because it's a side lot and to set

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the house back eight feet you really have a lot that's buildable at 11 feet which really is not

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feasible. So I'm welcome to go through the floor plans with Ruston if the board so desires but

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what i would like to do is is have my client adopt my testimony and then

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close very briefly are any questions concerning any aspect of the project

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not that i'm aware of let's get the your architect on and then we'll uh or your

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either the owner or the architect wherever you want

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thank you mr chairman mr bill you were you on the call

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yes hey inc hi john how are you john have you heard my testimony today hold on henry let's

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get his full name please and swear i'm in sure yep uh my name is john bolew

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your last name please b-e-a-u-l-i-e-u we're in the firm to tell the truth the whole truth

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nothing about the truth? I do. Mr. Clinton, please proceed. Sure. John, you were on this Zoom call

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during my presentation, correct? Yes. And if you had the opportunity to testify, would you have

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adopted my testimony as your own and as true and correct? Yes. Thank you, John. Mr. Chairman,

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this is a residential area. We are in harmony with the bulk of the block on Herman Street,

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the 100 block the community supports the project they believe it's viable that it will take away a

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long vacant lot that's overgrown we believe it's also in harmony with the code and with that i ask

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that the board look kindly upon this application thank you any questions from the board no no

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anyone would like to testify in this case if so please raise your hand

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here we have charles richardson from the council person's office

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good afternoon mr richardson identify yourself with the record you're still under oath from

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this morning good afternoon mr chair charles richardson from the office of councilwoman

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cindy bass room 312 city hall councilwoman offers support with the adoption of the provisos as

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indicated by the rco thank you sharon i didn't get a chance to read through those provisor anything

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in there that we could um i just scrolled through the exhibit packet and the tab for the rco letter

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is empty henry mr clinton could you please pull that up again sure thank you

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there's there's page one can you see that sharon yes

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you mentioned something about another project which i don't believe we can

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yeah remember you mentioned something about another project which i don't believe we can

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is enforceable by us but is there anything in there mr chairman just by way of uh

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full disclosure we have another hearing today on the 100 block of herman so when we present it

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to the the address is 100 herman so we yeah i saw that 93 we also presented 100 so the community

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group did one letter addressing both projects and Ms. Love was concerned that if we're building on

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one, you know, use the other for staging and don't do both at the same time because they don't want

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Herman Street congested. Okay, understood. All right. I think the first two provisos, because

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they relate to the construction process, should probably be a private agreement between the

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applicant and the neighbors. Number three. Well that one Sharon. Yes the deck. Yeah we I mean

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we presented twice and maybe people in the audience didn't I guess fully understand that

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there was a roof deck so on this particular one the request is that we make sure that the adjacent

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and properties are aware of the roof deck and we will do that okay all right and the roof deck did

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not generate a refusal it's by right it did not miss the letter thank you thank you thank you both

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anyone else who would like to testify in this case if so please raise your hand

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no hands at this time henry before i read this off uh i think in the interest of time just stay

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there we'll do your next case all right okay all right so uh mi-2020-00084693 herman street my

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vote is yes my vote is yes my vote is yes thank you very much

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do you want me to move to 100 which one is the next one

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