civus
Hearing video

ZBA Hearing - September 23, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20205h 18m

Parking space is along here, drive aisle.

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Rear the building, make a right-hand turn, come back down to the other side.

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you know because of the arrangement of the spaces in the building uh of that drive aisle it creates

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a dimensional hardship to put that ada space in there but we felt that the benefit of having

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spaces versus no versus no ada space probably outweighs that we did have a virtual meeting

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with the west central germantown neighbors association and there is a letter of note

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of September 21. They're in opposition, but if you read the opposition letter, there's really

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no real reason other than that we should have known at the time at the beginning of this process

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that we were going to ask for a variance to not provide the commercial space.

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And as I mentioned, we thought we would give it a try because as I've been to the board

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previously, and if we would have asked for it at the time, we probably would have heard the

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comment that why don't you give it a try it's too early to see you know you're predicting the future

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my exhibit package does have three letters from the four dip brokers that we use to market the

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property and with that said i'd like to uh swear in mike stamm

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sure i'm here ron um michael stomm uh m-i-c-h-a-e-l last name s-t-a-m-m both is in mike

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address is 1835 market street suite 625 you swear and affirm to tell the truth the whole truth and

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nothing but the truth i do please proceed ron uh mike uh what is uh your position and and uh

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connection with the property? We're the owner and managing member of the LLC that owns the property.

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And you've heard my presentation and what I've stated so far, and would you agree that it's true

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and accurate and you would adopt it as your own? I would, yes. So let's address the commercial

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space first. Could you briefly describe for the board your marketing efforts and what the results

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were sure so as ron kind of alluded we purchased the property back in december of 2018

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we received a buy right building permit in june of 2019 at that time we actually met with the

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west germantown rco just in good faith and one of their kind of registered community organization

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meetings we presented ourselves we do some other development in the area we also presented

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a mixed-use project outlining the commercial space that was going to be built. We fielded

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about an hour long questions. There was no kind of interest at the time relating to the commercial

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space or anyone kind of seeking a kind of a business opportunity there for say. In result,

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we marketed the property with four prominent brokerages here in Philadelphia, Walker Dunlop,

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KW, Compass, Delphi Property Group. All four brokerages, you know, for the better part of a

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year since June of 2019 sought a commercial tenant at a very moderate price per square foot in the

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area. We had no success. As a matter of fact, we had no letters of intents or tours, four of which

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these brokerages work with us. We really predominantly do mixed-use projects throughout

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philadelphia you know the feedback was there's no there's no street visibility there's no traffic

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there in the area from a foot traffic perspective you know you're 300 yards from a business

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thoroughway located at germantown avenue even at the stretches there of germantown avenue west

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washington lane uh the commercial spaces in place still are predominantly vacant storefronts you

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You know, you couple that with, you know, COVID over the last couple of months, and we literally have no interest in the site.

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And, Michael, while you're speaking, I've shown the board the three letters that are part of our package, Exhibit 8, 9, and 10.

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And so that's what you have provided.

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And is it true to state that there are no commercial spaces on either side of the building or across the street?

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Yes, it is.

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Okay, and let's move on to the ADA space.

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we saw the site plan showing the five spaces. Is it accurate? There are parallel parking spaces

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with no room to provide a side five foot wide opening to allow for a van door to open. It is, yes.

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opening to allow for a van door to open it is yes and uh do you know as a developer a need to

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have parking in that area you do yes which is uh why we we weighed inclusion of five spaces

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great thank you i have no further questions

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you want to ask your client if he adopted your testimony oh i did thank you you did already

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thank you yes i'm sorry uh any questions from the board no no no anyone else wish to testify

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in this matter if so please raise your hand here i'm sorry if i could add that if anyone wishes

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to testify regarding a case it should be done by raising your hand when prompted by the chair

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do not put information in the Q&A for testimony. Thank you. Thank you. Here we have Jennifer.

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Jennifer, you can unmute yourself and speak.

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Hello. Good afternoon, ma'am. Please identify yourself for the record. Name and address.

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Jennifer Kravinskas, 36 West Pomona Street. Would you spell your last name, please?

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K-R-I-V-I-N-S-K-A-S.

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

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Yes.

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And your address is, where are you in proximity to this application?

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I'm on the next side street over, so not a full block on Pomona.

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Thank you.

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Okay.

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I would like to just mention that there is commercial within one block north of this property.

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which is Germantown Avenue.

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There is actually a lot of commercial there.

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And there is also commercial block west.

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I was unaware that they were renting the first floor as commercial.

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I saw no advertisement of any kind on the building.

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I understand that they used agents for that.

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But just as a resident that walks by every day,

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I didn't know there was a plan to put commercial on the first floor until the RCO brought this

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appeal.

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Yeah, so a block down Cherokee there at the next corner is commercial.

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That was actually just renovated and opened about a year and a half ago.

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And then north on Washington at the corner of Germantown is a gas station, a church,

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Comber paper that just closed, and that's for sale as a commercial development.

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Also, in regard to the parking, I think they should not have designed the building that way

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if they knew that it was going to interfere with the ADA parking spot.

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well it's been it's the structure is almost complete and i believe that was in the application

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it's actually a retrofit it wasn't designed initially that way right

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this is something you were aware of though right

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so um questions should be not asked of the attorney

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The other thing I will say is that commercial was part of what the original approval had to do with.

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So if there wasn't a sign posted about the commercial space for rent, I'm not defending them.

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I'm not saying that wasn't necessary because what they were approved that was for two commercial.

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And based on their testimony, they had four agents who are pretty, as far as I know, they're pretty popular agents.

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in the city and apparently they came up with nothing i mean my guess is that they would like

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to have had commercial because they're going to rent the space it's going to get rented either

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as residential or commercial uh i don't know what the benefit is to for them to go to residential

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versus commercial um i think they probably would have gotten more per square foot as a commercial

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if they rented as commercial than they would as residential is that fair to say uh michael yes it

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is yeah so there's no actual benefit to them financially is my is the point i'm trying to make

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okay chair we do have charles richardson from the council person's office charles you can

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unmute yourself and speak to this case good afternoon mr chair and uh members of the board

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uh insomuch that the uh rco had a meeting mr richardson could you just pause for a minute

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Could you just pause for a minute?

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Yep, yep, yep, I forgot.

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Yep, yep, yep.

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I forgot.

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Square me in.

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Square me in.

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Swear and affirm to tell the truth, the whole truth, and love you about the truth.

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I do.

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Thank you.

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As I was saying, the RCO did have a meeting recently with the developer, and 16 individuals were there.

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We're on the Zoom call, eight of which were near neighbors.

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they unanimously opposed the granting of the variance so the councilwoman is

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supporting the community on their request that the variance be denied

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thank you if you could give I would like to ask if the board if they've seen the

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letter from the civic group yeah I don't we don't have it if you can if you have

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it yeah I do I want to post it up please yeah I'll pull it up sure

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this in an email that was sent to the board but here it is

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as I mentioned the last paragraph as you read it it's really more towards

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bad feelings that this wasn't raised in the initial stage of the application when we got

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our by right permit understood yes anyone else yes here we have lori lori you can unmute yourself

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and wait to be sworn in lori would you please identify yourself name and address spell your

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name for the stenographer hi my name is lori lichman it's l uh l-o-r-i-l-i-t-c-h-m-a-n

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my address is 70 west duval street d-u-v-a-l and i would consider myself a near neighbor

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though i don't know if that meets the legal definition uh depends how far away either but

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anyway do you swear okay do you swear if i'm to tell the truth the whole truth and nothing but

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the truth yeah sure please proceed um i just want to say that um in opposition to what the

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developer is saying that businesses are popping up everywhere in this neighborhood. So a question

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that I would want to know is how much they were seeking to charge for rent in this property. This

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is a neighborhood that is still up and coming. And so perhaps the reason they didn't get commercial

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space or commercial renter was because they were looking for too much money.

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A little jacked speculation here. That's not relevant.

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i sustain i think yeah no i'm sorry i'm i'm just a citizen so i don't know what i'm allowed to say

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and what i'm not allowed to say that's it no problem no problem um and i also can say that

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i did not see any commercial signage around there and i have i have a number of people

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who are real estate agents who i am friends with and didn't see anything posted on any of their

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social media so i just want to say that this this neighbor has not been a good neighbor

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to our community we are constantly blocking sidewalks with their construction vehicles

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and um mr chairman i mean i think this is going beyond our zoning case okay that's all i wanted

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to say thank you thank you thank you ma'am thank you anyone else wish to testify in this case

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have kt kt you can unmute yourself and wait to be sworn in please identify yourself spell your

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full name for the stenographer? Hi, my name is Kelly Traister, K-E-L-L-E-Y-T-R-A-I-S-T-E-R.

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And do you swear if I'm going to tell the truth, the whole truth, and nothing but the truth?

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I do. And where do you reside, ma'am? I reside next door at 50 West Washington.

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oh okay so um and i just want to offer a point of clarification that the email that was just

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shared uh that the attorney just shared was actually an email not from the rco from the

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registered community organization but an email from near neighbors on washington lane oh my

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West and Cherokee Street offering our support to the position of the RCO so

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thank you for that clarification that's all I had received so I assume that was

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the official letter but thank you for that I believe the West Central

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Germantown neighbors submitted a much more extensive letter detailing the

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opposition. And so as near neighbors, we didn't repeat any of that. We just were offering our

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support. Let me ask you, ma'am, since you obviously live there and you're familiar with it, is there any kind of

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Let me ask you, ma'am, since you obviously live there and you're familiar with it,

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is there any kind of retail or commercial uses that you think would be beneficial to this community?

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I think any kind of coffee shop or small restaurant space, I think it could be used as my neighbor Jen

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had said previously uh there is um two blocks away uh a commercial showroom space

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is it's vacant no it's um occupied all right again i'm not i don't live in that neck of the

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wood yeah but i first from time to time i drive germantown avenue and i do see a lot of vacant

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storefront. So that's why I'm asking the question. So I will add that there are

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two other developments on the 6300 block of Germantown Avenue. One is I believe complete now.

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So there and there is an increase in occupancy of formerly vacant spaces and so

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i would imagine and i don't know if this is allowable but that um the vacancy rate of

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commercial properties in our neighborhood will decrease well we all hope for the best that that

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that does happen can i speak as the owner just kind of you know in defense um you know the space

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is just listening to the various uses you have a sunoco a block down the site's not nearly big

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enough for a gas station you have a church that's not a permitted use you have a vacant paper store

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i can't speak to uh the commercial spaces further up on cherokee i'm not aware of them but quite

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frankly you know all of germantown avenue you know up there you know is predominantly vacant

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at a thousand square feet uh which is what this space is it's not an overly large space none of

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these it's not big enough to have a restaurant that's viable you know in terms of the rent of

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what we're asking we're asking a thousand dollars a month you know that's less than a dollar a square

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foot a month right you know we're not asking for leaps and bounds here you know i think you hit it

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the nail on the head we would do better financially with a commercial space or sorry with a commercial

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space rather than a ground floor unit uh on a on a on a busy street if we were putting a restaurant

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the community would be pushing back in terms of you know the street and and what what is doing

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on kind of a you know a street right there and how we're going to possess kind of people stopping

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and such i don't think a coffee shop there's not a coffee shop right there that would do well

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there's not enough foot traffic so i i hear you and in terms of kind of the marketing about it

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i think we want one step further by by using our relationships with four different brokerages and

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the fact that none of them and they're reputable brokers in the city could land any letter of

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intent or tours i think that speaks to the market in the area i think it's speculative to say

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you know especially in this era with covid and and kind of what you're seeing and see even some

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of the nicest areas downtown commercial is doing really poorly you know and especially in an area

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like that it's not going to do well you know so i think i would argue that it is extremely not

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viable you know in the validity of kind of the different uses in and around the area they're

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not realistic in a space like this especially mid block on a unit block off germantown avenue it's

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much different than being two blocks north on germantown avenue right on the intersection of

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mount airy thank you anyone else anyone else to speak if you do uh please uh raise your hand and

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if you can give us something new and different we appreciate that's all we have chair you can

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continue thank you um i think i did ask questions any questions from the board planning commission

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Mr. Chairman and members of the board, this property is indicated for residential use on the city's comprehensive plan.

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The plan does not recommend commercial development on residential streets away from Germantown Avenue.

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Therefore, the proposal is consistent with the comprehensive plan.

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Accordingly, we have no objection to granting these variances.

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Thank you.

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MI-2020-001094-52-West Washington Lane. 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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My vote is yes.

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Thank you very much. Thank you.

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Good luck.

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calendar number mi 2020-000243-2813

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000 243 2813 Wharton Street Michael Gaskins you've been promoted to a

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