civus

ZBA Hearing - September 15, 2021

Hearing video from Philadelphia Zoning Board of Adjustment (ZBA), Sep 15, 2021, 4h 44m

a 4927 west thompson street there's a request uh for a continuance uh i just wish to express

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objection to continuance okay um anyone else

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yes chair

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we have the evelyn tucker

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oh i'm sorry we have um alan

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no that's right evelyn tucker okay miss tucker please spell your full name and i'll swear you

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in? Sure. It's E-V-E-L-Y-N Tucker, T-U-C-K-E-R. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? Yes. Thank you. Please proceed. I just want to make

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sure I'm clear on what's happening today because I've never experienced this before,

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but my home is adjacent to 5916 North 13th Street, which is, I believe the lawyer just

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asks for a continuance. So does that mean that there's going to be another Zoom call? I just

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want to make sure I'm clear for my mom because she's not texting. Yeah, that's basically what

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we're doing. We usually give either side an opportunity to continue the case to see if

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they can resolve any issues. Okay. And in this case, the attorney for the applicant

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has asked for a continuance because the attorney, Mr. Whelan, would like an opportunity to speak

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to the councilwoman parker okay okay i just wanted to make sure no worries thank you thank you

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chair this is sharon might we see if um the attorney clementa amazon is present to respond

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to the objection to the continuance for thompson street thank you thank you is miss amazon available

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hi good afternoon please spell your full name and i'll swear you in clementa amazon c-l-e-m-e-n-t-a

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last name a-m-a-z-a-n you swear for him to tell the truth the whole truth not nothing but the

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truth i do so there's a you requested a continuance there was one individual so far who

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is opposed to the continuance

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please just

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let us know why you're requesting the continuance

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we would like to have the opportunity

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to further discuss with the community

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the proposed project

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which is not unusual thank you

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thank you

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anyone else

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no more hands at this time

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so anyway

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To Mr. Harris, who was objecting to the continuance on Thompson Street, so you'll know it's pretty normal procedure for this board to grant a continuance, at least one continuance.

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Sometimes the applicant and the opposing parties can reach an agreement.

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Sometimes they can come to some agreement to move forward.

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We'll hear the case at the appropriate time, and the board will make a decision then.

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I will now ask if anyone would like to request a continuance or withdrawal on the two o'clock list.

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If so, please raise your hand if you'd like to request a continuance or withdrawal.

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No hands, Chair.

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Thank you.

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Uh, first case on our list is number one, MI 2021, that's 002-117, 1 Convention Avenue.

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First case on our list is number one, MI 2021.

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Ron Patterson is the attorney of record, 27th Ward Republican RCO, supports the application.

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Is Mr. Patterson out there?

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Yes, he's coming in now as a panelist.

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You. Good afternoon, Mr. Patterson, please identify yourself and I'll swear you in.

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Hi, good afternoon. Ronald Patterson, Claire Harrison Law Firm, 1835 Market Street,

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Philadelphia EPA 19103. We have an ear for me to tell the truth, the whole truth,

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nothing but the truth. Yes, I do. Miss Tenere, Miss Tenere has some questions for you.

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

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,

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voters under plans five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to the above.

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Okay, thank you. You may proceed.

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Thank you.

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So I have a picture here of what this application regards. It's the Copper Building. So it's on behalf of the University of Pennsylvania, Penn Medicine. This is the Pavilion Hospital. It's located at 34th and Convention Avenue next to the museum, which you see on your right.

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As I scroll through here, and important to note as I go through these pictures, you'll see surrounding buildings with identification and wayfinding signage, and that's what this case is about.

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It's about a sign. It's a sign case.

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You'll see that the building looks kind of barren with no identification.

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It's the location of the former Penn Tower.

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It's a state-of-the-art building.

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We service in cardiology, oncology, and neurosciences.

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It's an innovative facility that also supports researchers, clinicians, and faculty.

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It has 500 private rooms and suites, no more double bedrooms, 47 operating rooms, 1.5 million

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square feet.

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It also has pedestrian bridges that connect the building across 34th Street, as well

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as to, there's a bridge, to set the terminal to the rear. Signage, believe it or not, actually

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most of the signage is required by the Department of Health for wayfinding reasons and identification

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reasons. The property, this application, regards nine signs. Here's a picture of the surrounding

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sign of a different building. Picture of our building. This is back where the separate

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terminal is. There's a pedestrian bridge here. There's also a tunnel that goes beneath 34th

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street it's very sophisticated building yeah here's an example with some other signs ron ron

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can you hear me yes yeah we still see the original slide you have of the building with the no signage

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on it oh okay all right let me try and um yeah i don't think you have to go in too much detail i

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think this is obviously an easy case for us but whatever you need for the record you know uh sure

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Sure. Let me pull this up here.

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It's important to see.

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Okay. You see my package here?

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Yes.

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Okay. Beautiful.

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signage, where what I showed you are some pedestrian bridges here, pedestrian bridge,

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surrounding buildings with names on them. Yeah, I'll get to quickly what's going on here. So

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signs. Here's our building. Here's a, here's a site plan showing the signage

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within the blue lines, not outside of the lines, the ID, WL, PD. So here's a list of signage

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starting with PD one. So we're basically, we're asking for four wall signs, two, three monument

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sign as freestanding signs. Two of them are monuments. One is directional, one window sign

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and one building ID sign, which I'll briefly show you, wall sign.

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which I'll briefly show you. Wall sign at the top, window sign at the bottom.

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Here's some more wall signs, ambulance, emergency. To the bottom here where it says pavilion is the

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free standing sign which is a monument sign. To the left you'll see another free standing sign

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which is a wayfinding sign. There's some details about that. Here's another view of the flat wall

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sign. And most importantly, you'll see is the building identification sign at the top of the

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building to identify the building. So that's SP INS Special Institutional District. It's a campus

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wide approach to zoning. It collectively takes all the properties within the campus and looks

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added as one zoning property for GFA parking and signage. So this district allows freestanding

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signs, but only three of them. We're proposing one. Obviously, it's a large property. And

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so with the DOH requirements, we need to provide more than one. The building identification

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sign you see here is at a location about 284 feet tall. In other areas like CMX 4 and 5,

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this would be permitted only with approval of the art commission but nonetheless yes and we have our

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commission approval which I sent you and so we feel of course that it can create a hardship not

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to have any signs on this building and of course the signs are required for the for the DOH approval

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We did meet with the community group, and they sent us an email letter that I have on the screen for you now.

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With that said, I just quickly ask if you can promote Derek Toth, T-A-S-C-H.

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i'm sorry ron yes did you conclude i did i have one witness i want to okay you don't mind

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Derek Tash, T-A-S-C-H. Hi, this is Derek Tash, D-E-R-E-K-T-A-S-C-H, and I'm the health system

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architect for the University of Pennsylvania Health System, Penn Medicine. Word for him to tell the

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truth, the whole truth, nothing but the truth? Yes. Thank you. Hi, Derek. Quickly, you've heard

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my presentation and testimony. Would you say it is true and accurate and you would adopt it as your

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Correct, 100%.

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And could you briefly just briefly confirm about the requirement for the signage?

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Yeah, there are requirements from the state just about identification of the sign itself.

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I mean, it lends into clarity around exactly who you're receiving your health care from.

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And then also just that this is a primary hospital with an emergency department.

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There are also regulations around that.

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you know, so the EV is clearly identified and there are rules around what needs to be included

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for that clarity. And in your opinion, the signage is no different than what you see in the

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surrounding buildings, probably even lesser? Correct. Yeah. Okay. Thank you. That's all I

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have, Mr. Chairman. Thank you. Questions from the board? No. No. Anyone else to testify in this case?

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If so, please raise your hand.

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No hands at this time, Chair.

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Thank you.

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Anyone else?

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I'm sorry, Planning Commission.

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Good afternoon, Chair and members of the Board.

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My name is Greg Waldman, Planning Commission staff.

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The comprehensive plan recommends no change

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in the existing special purpose

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institutional zoning at this location.

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The variances sought are to install three freestanding signs, whereas one is allowed in the zoning district, and two building identification signs, which are prohibited in the zoning district.

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The majority of medical buildings associated with the University of Pennsylvania are zoned CMX5, including the one directed to the south, which permits these signs.

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Therefore, the proposed variances would not alter the essential character of the medical campus.

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Accordingly, we recommend that the requested variances be granted.

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Thank you. MI 2021-002-1171 Convention Avenue, my vote is yes.

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Carol Tenere, my vote is yes.

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Confessor Plaza, my vote is yes.

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James Snell, my vote is yes.

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Thank you.

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Sharon, I'm a little confused. You just said skip number six?

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Yes, it's the case that I told you would be on the add-ons list.

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It was listed on the regular list, too, though not as a hearing on reconsideration.

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so you've already taken care of that one okay scratch it off okay thank you just want a clarity

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okay scratch it off okay thank you just want to clarity number two on our list mi 2021

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number two on our list am i

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that's zero zero two zero one five one zero zero seven frankfurt avenue michael matione

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is the attorney of record fishtown neighbor association sent a letter of support

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good afternoon mr chairman good afternoon

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uh please identify yourself and i swear you win sure michael madioni m-a-t-t-i-o-n-i

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federal reserve bank building 100 north independence mall suite 5a northwest philadelphia

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19106 where the firm to tell the truth all truth nothing but the truth

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thank you uh miss uh canary has some questions for you do you agree to wait the reading of the

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refusal and stipulate to its accuracy yes have you emailed the exhibit packet with proof of

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ownership tax compliance refusal referral photos under plans of the property five days in advance

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of this hearing and have you met with the rco and do you have a letter yes to everything okay and

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as the chairman said uh fna sent a letter of support and you may proceed thank you

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Again, I'm Michael Mattione, and I am representing Adam Diltz and Jenny Ko.

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They are the co-owners of Elwood Restaurant, which is a fabulous restaurant located at 1007 Frankfurt Avenue.

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And I do have our list of exhibits up on the screen, and they include a 2018 zoning permit permitting the opening of the restaurant,

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support letter from the Fishtown neighbors, support letter from the Fishtown district and other RCO in

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the area, plans for the site and the outdoor area, photos of the restaurant and surrounding area,

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the CV of Jonathan Deutsch, our professor and director of the Drexel Food Corps Lab,

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a restaurant industry expert, and support letters from Walnut Hill College, the Historic Foodway

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Society of the Delaware Valley, the Lutheran Settlement House, Careers Through Culinary Arts

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program, Penn Treaty Museum, and Slow Food Philadelphia. We do have three witnesses for

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today, John Torrey, a real estate expert, Dr. Deutsch, a restaurant industry expert, and Adam

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Dilts, the owner of Elwood. Elwood opened on May 1, 2019. When it originally opened, it was six

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days a week, Tuesdays through Sundays, 4.30 to 10, with tea service on Saturday and Sunday

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afternoons but it's presently only four days per week thursday through sunday 4 30 to 10 with the

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afternoon tea service on the weekend it's a small byo restaurant with um 28 seats

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so here's the front door of elwood the original application also sought outdoor seating but the

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zoning board added as a condition that there be no outdoor seating we're only here seeking

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outdoor seating this is an existing restaurant outdoor seating in the rear yard of the property

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it's extremely small but there is an outdoor area in the backyard and it's ideal for

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outdoor seating but again in 28 or 20 i guess it was 16 when the permit was actually granted

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there was a proviso elwood and adam diltz have won numerous awards since opening including a

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three-bell review by Craig LeBan, and the 2019 Eater Award.

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So here's the front door of the restaurant.

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Again, that's looking to the west.

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You can see I-95 is next to it.

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There's a yard.

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In this yard, there are billboards.

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And you can see it's a really narrow sidewalk.

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So you cannot have – and it's a 15-foot-wide building.

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See, there's no space for outdoor dining in front of the restaurant.

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And then you have a lane of parking and then Frankfurt Avenue.

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Okay, this is the open kitchen.

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And when you walk in, that's what greets you.

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That is the front door.

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You walk in and here is the kitchen.

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And then as you proceed through, you see here is the restaurant room with the total of 28 seats.

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And then you go and you can see, again, it's a really narrow building.

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And then you see the rear yard.

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and these are the tables in what would be i guess the kitchen or the living room or dining room if

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it was just a house well the building is is 15 feet wide it's really only 10 feet wide in most

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of this seating area so again it's a really small um um area now the building itself is adjacent to

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i-95 um it's got billboards this is the building and here are the billboards it's got billboards

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next to it across the street from an open-air parking lot and has an auto body repair

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across the street from an open air parking lot and has an auto body repair facility behind it

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as well. So just want to give the context. That's a multifamily building, 1,001 to 1,005

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Frankfurt Avenue next to it. Again, it's a legal non-conforming building. It's not a single family.

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