civus
Hearing video

ZBA Hearing - December 9, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 9, 20206h 34m

Thank you.

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I'm going to go ahead and share some information with the board

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so that we can look at the case itself.

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So I have up before the board the letter,

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I'm sorry, the cover letter,

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which shows that we submitted refusal,

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community letter, photos, plans, and related documents.

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This application is straightforward.

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And in fact, this area has a lot of such applications,

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which is that this zone this area is zoned cmx2 however majority of the block particularly 7th

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street 8th street is actually either vacant or currently residential if you look at the photographs

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our lot is sitting next to what is an existing multifamily and on the other side of the this is

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the lot in question and then on the other side of the whoops i'm sorry i expected more photos

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my apologies. On the other side of this property actually is another new construction, which is

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also multifamily. When we met with the RCO, which is APM, a meeting was held and all attendees at

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the meeting were in support of the idea of waiving the requirement for a commercial space for this

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particular property because it is kind of sandwiched between two multifamily residential

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and the rest of the block has no active commercial at this time 7th street at this location actually

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is pretty close to germantown avenue which does have commercial um it is a commercial quarter and

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does have commercial activity it just hasn't quite reached this area of 7th street uh majority of

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this area in fact is um less developed and even the street on the other side of the street it is

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actually, I believe, back to more residential properties, not commercial, with a lot of vacant

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lots also mixed in in the area. As such, the community actually supported waiving the commercial

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use. We basically are asking what would be normally a two residential unit and a commercial

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to be changed to a total of three residential units in this case. The plans are shown here.

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this property it does have a easement alleyway which will be something that is shared theoretically

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with the neighboring property however it is going to be pretty tight because the other property is

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built already you can see in this photo again we're actually sandwiched between two multi-family

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residential development at this time the floor plans basically lay out one unit on each floor

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with the basement being for utilities

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and basically open storage space.

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The bedrooms are with two bedrooms each,

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three units in total

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with a large living room kitchen area in each unit.

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The trash storage is available behind the property.

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There is space and there's again,

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a easement access way,

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although it's probably gonna be difficult to use that.

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what my client also did is have a small roof deck placed for the upper unit so that they could

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always put the trash here and then the first floor unit obviously has direct access to the rear yard

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through the side and even the second unit could access because there is a alleyway theoretically

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there is an alleyway I'm not sure how wide it's going to end up being as I'm not sure the other

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property left enough of the easement, but there would be an access way to the rear as well. So

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even as a CMX use, if there was a commercial unit on the first floor, I don't believe the trash and

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other situations would necessarily change, and it would actually increase potentially the amount of

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traffic and parking that would be on the block. As such, the community did support our request for

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as variants, and we would ask the board's favorable consideration in this matter.

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Thank you.

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Do you have a witness?

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I believe my client should be on the line.

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Let me, if you can give me one second.

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My apologies.

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Joseph, are you there?

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Joseph, are you there?

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Thank you.

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It should be Mr. Gitterman, Joseph Gitterman.

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If not in the interest of time, Mr. Jinn, as an officer of the court,

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would stipulate that your client would be adopting your testimony?

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Yes, I would stipulate as such.

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Thank you.

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Any questions from the board?

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No.

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No.

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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Joseph Gitterman has his hand raised, sir.

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I will allow him to speak right now.

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Sir, please identify yourself.

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Spell your first and last name.

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Yes, how are you, everybody?

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My name is Joseph Gitterman, J-O-S-E-P-H,

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And the last name is Gitterman, G-I-T-E-R-M-A-N.

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And do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Thank you.

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Mr. Jin?

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Thank you.

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Mr. Gitterman, you heard my representation and testimony before the zoning board relating to this case.

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Can you verify that it's true and correct and adopted as your own testimony?

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Yes, I do.

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Thank you.

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Thank you.

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Anyone else?

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No. Mr. Mason, Planning Commission.

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Yes, this is Mason Austin, representing the Planning Commission.

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Do we have a firm to tell the truth, if nothing but the truth?

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I do.

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Thank you. Please proceed.

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Great. Thank you.

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Mr. Chairman and members of the Board, while the lot is designated for multifamily residential in the comprehensive plan, it is zoned for commercial mixed use.

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However, subsequent to the publication of the district plan that designated this lot for multifamily residential,

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the council office has embarked on a strategy to strengthen this segment of the commercial district.

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In support of those efforts, the staff of the Planning Commission recommends against the granting of the requested variance.

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I'm sorry to catch that last part.

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Recommends against the granting of the requested variance.

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There's both sides of it. All right.

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i uh mr chairman i did speak with uh miss jones at the councilman's office and i think you will

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see that in this situation this particular property is difficult to put a viable commercial

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but yeah i agree i i agree that's what i was getting at yeah no disrespect the planning i just

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i agree uh okay mi2020-001831 2209 north 7th street my vote is yes

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my vote is yes my vote is yes my vote is yes

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is the next case is the next case thank you is the next case the add-on case with uh mr patterson

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or do we go to market street mark i don't know i have a market street is next

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if you could call the add-on for mr patterson that would be great thank you

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Okay, great. Calendar number 0916, 2616 South 8th Street.

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The attorney is Ron Patterson, and I think he's reporting on the status of an agreement with the neighbors.

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South 8th Street or 18th Street?

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18th Street.

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Is it South 18th?

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Yeah.

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Okay.

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I believe it's South 8th Street.

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the original hearing was on

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December 2nd

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yeah I thought it was South 18th Street

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18th and Oregon

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okay Mr. Patterson

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can correct that then thank you

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this is the one they had to work out

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some arrangements with Dr. Nocella

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or somebody next to her I believe

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yes

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is mr patterson available mr patterson is available i'm promoting him to panelists right

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now thank you very much jason

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hey thank you mr patterson name and address for the record please

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good evening ron patterson 1835 market street philadelphia ppa 19103

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do you swear or affirm to tell the whole truth and nothing but the truth

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i do do you agree to wave and stiff yes i do and you're here for the

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status of the agreement yes yes thank you so yes last wednesday on the second at 2 p.m we had a

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hearing a full hearing and we concluded the hearing um they're uh at the hearing the

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a full hearing, and we concluded the hearing. At the hearing, the immediate neighbor

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you

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attorney interjected and wanted to ask if we could reach an understanding and an agreement,

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because we share a lot, line, and easement. And so the board graciously let us have a week

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to talk about it and negotiate, and we did come to an understanding and an into agreement. And I have

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I sent a letter confirming to that effect, as well as the neighbors from attorneys from

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Verne Anastasio's office, Harry Cook.

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He has a letter from him confirming that, as well as a letter of support from Ms. Nestico,

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the adjacent neighbor.

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So we're all good.

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So that's an agreement between both parties, not a proviso, correct?

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That is correct.

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Yes, it's a private agreement.

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We can vote this now, correct?

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That's correct.

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Okay.

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MI 2020-0916, 2616 South 18th Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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Great.

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Thank you for your consideration there.

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Thank you.

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Thank you.

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Thank you.

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Calendar number 1767-2222 Market Street.

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Mr. Bob Kerlis has his hand up. I will allow him to speak right now. And Mr. Alex Clore as well.

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You can promote Mr. Kerlis, too. He's the attorney.

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Okay.

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Promote him to a panelist.

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He's now a panelist, ma'am.

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Thank you so much.

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You're welcome.

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hi mr careless can you put your name and address on the record please and spell your last name

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uh good evening robert careless c-a-r-e-l-e-s-s cozen o'connor 1650 market street

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philadelphia pa 19103 do you swear or affirm to tell the truth and nothing but the truth

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i do do you agree to wait the reading of the refusal and stipulate to its accuracy

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i do have you submitted all the exhibits proof of ownership proof of tax compliance refusal

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referral photos and plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter i do on all accounts you may proceed thank you yes your screen

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is up that's great uh good evening everyone i'm here before you today with respect to the new

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professional office building for Morgan Lewis under construction at 2222 Market Street.

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The application that we've submitted requests a special exception for the accessory use of two

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outdoor areas as roof decks on the 13th floor and 19th floor that I'm indicating on the drawing

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and are highlighted. As confirmed by L&I, our drawings satisfy the criteria that's set forth

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section 146045 with respect to the dimension of the decks. I'm showing you the drawing for

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the 13th floor deck. Market Street is here, 23rd and Ludlow. The occupiable area of the 13th floor

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deck is 85 feet long, 25 feet wide. For the 19th floor deck, which is where I'm indicating,

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The occupiable area is 136 feet long, 27 feet square feet wide, excuse me.

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Showing you pictures of the surrounding area from perspectives looking east and west.

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The top picture is a perspective from 23rd and Market looking east.

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You can see the large parking lot to our north. On the other side of Market, the 23A

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condominium building is to our south here. This is the proposed area in the

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Google image where the parking lot is. The 238 condominium building, again to

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our south, is approximately 118 feet in height. Our proposed deck on the 13th

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floor is at an elevation of 198 feet or 80 feet above the 238 building. Further,

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our neighbors at 23A have sent a letter of support to CCRA, our RCO, in support of our

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application for this grant of a special exception. This letter references a community benefits

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agreement. That agreement contemplates the decks and provides if the use would be limited to

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accessory uses to the office building and no nuisances would be permitted. That same covenant

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That same covenant is found in our lease with Morgan Lewis.

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is found in our lease with Morgan Lewis.

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We did meet with CCRA on October 27th to discuss our application.

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Following the public meeting portion of CCRA's zoning meeting, the zoning committee voted to not oppose the application,

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provided with a proviso that there would be no amplified music on these decks after 7 p.m. on weekdays.

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We respectfully requested that CCRA reconsider that proviso and amend it if it felt that

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a proviso had to be suggested, such that the language be in line with our CVA, at least

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