civus
Hearing video

ZBA Hearing - December 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20225h 24m

Yeah, she went off.

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She's fine.

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That's fine.

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We're good.

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She got in through my name.

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is there anyone else in the virtual audience there's no one else mr chair all right planning

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commission thank you sir good afternoon mr chairman members of the board david effecto

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city planning commission the comprehensive plan recommends a change in the zoning at this location

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from residential single family to commercial mixed use the proposed sign would be closer in

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compliance with the zoning code under the proposed zoning so the city planning commission recommends

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of the board grant the proposed variances.

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Thank you.

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We're going to hold a vote on this

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until we have the tax certificate, okay?

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It is very much appreciated.

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Happy holidays to everybody.

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Thank you, Mr. Powell. We appreciate it.

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Enjoy.

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Thank you, Sam.

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Thank you very much.

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Mr. Chair, this is Hillary.

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I just want to note that the record is otherwise closed

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except for receipt of the tax certificate.

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The record is closed except for the tax certificate.

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Thank you very much.

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Have a great day.

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Bye-bye.

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Number 11, MI-2022-004-650-1525 Chestnut Street.

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Melanie Lacey is the attorney.

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Letter of non-opposition from the Center City Residents Association with enforceable provisos.

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Okay, Ms. Lacey will be rejoining as a panelist, sir.

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Sure.

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good afternoon mr chairman members of the board hi could you good afternoon could you state your

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name spell please for the court reporter yes my name is melanie lacey that's m-e-l-a-n-i-e last

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name l-a-c-e-y right do you swear or affirm to tell the truth the whole truth nothing but the

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truth yes i do could you identify your client in relationship to the property yes i'm accompanied

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by David Wachnien, who is a member of the owner entity, DO Holdings USA LLC, as well as Christina

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Dizik, who represents a tenant, Sonder, and I'm also accompanied by Michelle Klesik from Parallel

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Architecture Studio LLC. Okay, our vice chair has just a few questions. Okay. Hi, do you agree to

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waive the reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit

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packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or

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plans of the property five days in advance of this hearing, and have you met with the URCO,

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and do you have a letter? Yes, all of the above. Okay, great. You may proceed and begin to share

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your screen. Are you seeing my screen at this time? Yes, I am. Okay, great. Thank you. So we're

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here seeking special exception relief for two proposed roof decks located at 1525 Chestnut

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Street. As mentioned, the proposed tenant and operator would be Sonder, which manages short-term

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luxury apartment hotels, and there are a number of holdings here in the city.

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So the visitor accommodation use was previously approved earlier this year,

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but since the property is zoned CMX5, we must seek special exception relief for the non-residential

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use of the proposed accessory roof decks. As mentioned, we met with the Center City

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As mentioned, we met with the Center City Residence Association on October 25th, where the project received overwhelming support, and the CCRA submitted this letter of non-opposition, which I'm presenting here.

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And the site is the historically designated A. Pomerantz building located at 1525 Chestnut Street.

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It's at the center of the block between South 16th and South 15th Street.

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And the property was previously the corporate headquarters of that furniture store, and it's been vacant for several years.

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So if approved, it would be adaptively reused as a Sonder Hotel, as mentioned.

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Here are additional photos of the property.

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The street view.

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This is the rear.

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I'm just going to stop or pause for a moment because it looks like the images aren't showing.

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Hold on.

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okay let me share

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okay are you seeing it once more it's up now yep okay i apologize for that

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okay i don't know what's going on with the glitches so i'll just have to

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make do without the fancy bookmarks. So once again, here is the rear of the property,

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additional views of the rear of the property. And this is a view from the roof deck,

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from the proposed roof deck area, and an aerial.

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So, as you can see, so these are additional photos of the existing conditions actually,

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and I'll show you the elevation. The roof decks are located on the eighth and tenth floor. It's

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a small portion here right behind the cornice stone, and this inset portion that I'm hovering

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over if you can see my mouse yeah on the 10th floor um and it isn't visible from the street

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level uh because you have these elevator shafts that essentially block the view so um neither one

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of the roof decks are visible at the street level that's something that i want to emphasize

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and i'll go back to the floor plan so that you can also see the smaller uh roof deck which is

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approximately 490 square feet as well as the larger roof deck which is this entire area that

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I'm hovering over and it measures 1,435 square feet. And I'll show you the renderings. The roof

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decks are elegantly designed, consistent with the Sonnet brand and this portion of Chestnut Street

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you can see here. I'll show you a third photo as well. And I'll highlight the spaces won't be used

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as a bar or nightclub. I know that's always a main concern. Hours of operation would be from

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8 a.m. to 10 p.m. There would be no alcohol or food service. The roof deck will be an amenity

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for guests at the property only, and common area furniture would be secured down.

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You can see some of it here. The cleaners would maintain the outdoor area on a regular basis and

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upon need, and the building is self-entry. So they have saw-till locks at the front door,

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unit doors and amenity doors and these doors have codes that are uniquely generated for each guest

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and those codes expire after their checkout time. So Sondra can control access to the amenity spaces

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based on time and as mentioned the roof decks would close at 10 p.m. Sondra would turn off

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access for the guests at that time and they can also see people moving throughout the property

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you know there's plenty of security any incident would be captured and there's normal camera

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monitoring systems on the exterior of the building. So that summarizes, I won't belabor

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the point, that summarizes the application in conclusion. The roof deck won't be any more

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negatively impactful for the surrounding area than any other roof deck use. It would be used

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as a lounging area with limited hours of operation, no service of food or beverages, and it would not

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be used as a club, it's not meant for large parties or loud music, and the project has

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and the project has overwhelming community support.

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overwhelming community support.

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We'll go back to the letter.

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You want to have somebody adopt your testimony?

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Yes, but as a last point,

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I'll say that it satisfies the standards of special exception,

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accompanied, as mentioned, by David Joaquin to adopt my testimony.

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So if you would promote him, he'd be sworn in.

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to walking it's been allowed to speak okay could you state your name please and spell for the court

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reporter my name is david walkney d-a-v-i-d o-u-a-k-n-i-n-e right do you swear or affirm

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to tell the truth the whole truth and nothing but the truth i swear proceed counsel david did

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hear the testimony that i provided to the board this afternoon yes do you affirm that my presentation

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was accurate yes do you adopt the testimony as your own yes thank you that concludes my presentation

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questions from the board no mr chair no mr chairman no mr chairman questions or comments

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from the virtual audience mr chair i have a miss michelle classic with her hand raised she is okay

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hi could you state your name please and spelled for the court reporter

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i bumped something i didn't mean to raise okay that's fine thank you that's fine

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um questions from the board we're okay questions from the virtual audience

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i have another hand up by mr wade albert sir okay hi could you state your name please and

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spell for the court reporter absolutely wade albert w-a-d-e last name is a-l-b-e-r-t right

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

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thank you so i am counsel for the center city residents association i'm with the law firm

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stevens and lee um i just want to reiterate that we do not oppose this project and we've asked for

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some provisos that have been mentioned uh previously in this hearing um and if you i

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read them into the record if you would like if not i think our liquor i i i will read them in

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the record when when in fact we vote okay thank you mr chairman sure absolutely thank you um

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anyone else in a virtual audience no those that are on my hands sir all right planning commission

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thank you sir and good afternoon david facto city planning commission the comprehensive plan

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recommends no change to in the commercial mixed use of zoning at this location the applicant has

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shown that roof decks would have no more of an impact than roof decks would be expected to have

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so the city planning commission recommends the board grant the special exception for roof decks

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thank you MI 2022-004-650-1525 Chesson Street I vote yes with provisos no food or beverage

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service on roof decks no live or amplified music on roof decks no access to roof decks after 10 p.m

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Carol Taneri, my vote is yes with proviso.

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Thomas Holloman, my vote is yes with provisos.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you, counsel.

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Thank you.

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All right.

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Number 14, MI 2022, 004538, 1839 South 23rd Street.

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Joseph Consul is the attorney.

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Applicant provided email from Point Breeze Community Development Coalition

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indicating that the vote was 6 in support, 11 opposition.

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They have a letter forthcoming.

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Mr. Chair, this is Hillary.

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We did receive a meeting summary form from Point Breeze Community Development Coalition,

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and it had a recommendation of support.

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Okay.

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Mr. Consul.

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Hello.

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Good afternoon, board.

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Hi.

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Hi.

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Could you state your name and spell it for the court reporter, please?

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Yes.

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It is Joseph Consul.

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That's J-O-S-E-P-H, last name C-O-N-S-O-L-E.

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Right.

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

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Yes, sir.

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Could you identify your client in a relationship to the property?

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My client is Mr. James Brand, and he is the owner of the property.

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Okay. Our Vice Chair, Carol Tenere, has a few questions.

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Carol?

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is she there it appears she dropped out um chair if you want me to do it mr chairman

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Is she there?

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please uh council good afternoon first of all good afternoon agree to waive the reading

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of the refusal and stimulate to his accuracy yes did you email all other exhibits and documents

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as required such as proof of ownership tax clearance copy of the refusal or referral

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pictures or drawings of the property five days in advance to this hearing and did you

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meet with the rco and do you have a letter yes tom i thank you please proceed and share your screen

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okay

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that work

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yes

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okay I am here

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on let me get that right

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1839

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South 23rd

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Street my

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client is Mr. James Brand

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he is the owner of the property

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this

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property is at the corner of

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23rd

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and Mifflin Street. Here is what the property looked like prior to my client purchasing it.

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This property is a 1,133 square foot property that is zoned CMX2. The reason why we're here

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is my client purchased the property in 2019,

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rehabilitated the property over the years 2020 and 2021.

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All those permits are in Atlas

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and has since that time been unable to find a commercial tenant

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for the space in the front of the property

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that's required to be commercial for CMX2 zoned properties.

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So when he testifies later, he'll testify to his attempts

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at finding a commercial tenant and how that's been unsuccessful

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and the reasons for that, which I'll bring up in my presentation.

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So it's one refusal, and that's to use the space set up

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a commercial space as a living space. As mentioned, in November we went in front of the Point Breeze

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Development Coalition and they voted in support of the project. They noted that the nearby neighbors

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within a two-block radius as well as themselves and their zoning committee supported the project.

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um the the opposition we uh was from uh the a different rco that was in attendance at at the

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meeting but we believe that the letter and the vote um shows that the community itself supports

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what we're trying to do here uh namely namely because um i'll flip over to atlas here um

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the the last time that this property had any commercial use was as a grocery store

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in 2006. And since that time, we believe it was vacant for approximately 10 years prior to

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my client rehabilitating it. And it was just an eyesore on a block. And the reason I showed you

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the previous photos is just to give you an idea of what it was like in 2019. And in a second,

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I'll run through the photos of how it looks now. But it was an eyesore. It was sitting there.

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