civus
Hearing video

ZBA Hearing - June 9, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 9, 20216h 56m

on Busselton Avenue that was just completed I mean in the last couple months complete you know

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just something that is much more representative of the image that McDonald's wants to convey in

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2021 and this would be very much like what we'll see a great story if the approval is granted and

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we are proceed so I just want to take real proud of some of the new prototypes that we're doing

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um and and and that really is is what we're looking to do here we we met with the uh task

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morris neighborhood association um we uh we have a relatively new operator at this location we're

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able to introduce the operator to the community and i think that'll be a good relationship going

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forward they had a nice letter of support which is which is attached to the exhibit tab uh nine

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We do have revised plans for both cases to reflect some site configuration changes

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that we made that we would ask that those proviso plans be approved for both cases.

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Jonathan Bask, do you want to just introduce yourself, provide your address, and then

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adopt my testimony if Jonathan is available, Mr. Jonathan Bask?

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Greg, while we're waiting, how many, on the revised plans, how many pages for each application?

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Okay, for the calendar number case, that 001284, there are three plans.

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Revised plans, okay.

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And then for the one, two, three, nine case, there are one, two, three plans for that case.

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That's where our notation's at. I want to make sure we're correct.

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Yes. Mary, you still on the line?

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I am. I'm here.

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I know you provided testimony. You also heard my testimony, correct?

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Yes. Can you hear me?

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Yes, Jonathan. Let me just finish it, Mary, and I'll come right back to you.

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Mary, can you just, you heard my testimony.

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Can you adopt it as true and accurate as your own?

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I can and I will.

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Thank you.

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Mr. Baske, good morning.

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Good morning, Mr. Baske.

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Please identify yourself, spell your full name, and I'll swear you in.

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Absolutely.

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Good morning, everybody.

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My name is Jonathan Baske.

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Last name B-A-S-K-E, 64 Harbor Drive, Hamilton, New Jersey, 08037.

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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, I do.

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Mr. Feldman?

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And Mr. Bask, you heard my testimony concerning the goals and objectives from your files in this application, correct?

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Yes, I did.

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And do you adopt it as true and accurate as your own?

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Yes, I do.

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Thank you.

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Thank you.

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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, please raise your hand.

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only those who would like to testify in this case, raise your hand at this time.

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There are no hands at this time, Chair. Thank you. Planning Commission?

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Good morning, Chair Ochico. Ian Hegarty for the Philadelphia City Planning Commission.

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Mr. Ochico, members of the Board, the comprehensive plan recommends a change to

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CA1 zoning at this location. The proposed use for takeout restaurant is consistent with

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both this proposed zoning and the existing use. And in addition, the appellant has demonstrated

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hardship with respect to the proposed use variance for menu signs as they're integral to the function

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of the layout. Our issue is that the appellant has not demonstrated a hardship supporting a

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variance from the parking lot landscaping requirements. The applicants fail to present

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evidence of unique physical circumstances or conditions of the property that would require

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that would require them to sidestep the landscaping requirements and so our recommendation from the

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them to sidestep the landscaping requirements. And so our recommendation

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planning commission would be that the board grant the use variants to permit a takeout restaurant

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and the accessory menu board signs but deny the requested variants for parking lot landscaping

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i mean what was that deny landscaping yeah hold on brett yeah sure sure so

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So, you know, the challenge here at this location, and we could certainly discuss this more,

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is it's a very – McDonald's, it's a massive shopping center.

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But McDonald's only has this small – Mary showed the lease area, this small area here.

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We don't have access to a much larger shopping center.

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So currently right now, you know, what we try to do is really, you know, come up with the best we could

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as far as landscaping.

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We have added some areas of landscaping here,

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but to have the dual drive-throughs,

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we're simply unable to provide the full buffer

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that is required in the code here.

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And we could certainly get more into it.

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We've tried, we looked at this,

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and part of the delay on this was to try to figure out

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how this could be best set up,

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but there simply isn't enough space within our lease area here to provide you know the parking

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that's required the drive-thrus that are required there aren't any residential neighbors you know

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right behind us I think it's the trash plant so you know that was really kind of the trade-off

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here and you know we had this discussion with the community and the upgrading of the way this

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building looks and feels was something that they certainly thought would justify you know the

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current uh landscaping plan we could certainly get into that more detail uh if you will um but

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to deny that the landscaping means to deny the application thank you all right um

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anyone i'm sorry did ask that am i i'm going to call these off separately carol mi 2021-001

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284. 2815 Grace Ferry Avenue. My vote is yes with the proviso. Revised plan, three pages approved

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today. My vote is yes with proviso. Yes with proviso. Yes with proviso. Yes with proviso.

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Hi, 2021-001239, 2815 Grays Ferry Avenue. My vote is yes with proviso. Three pages,

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revised plan, three pages approved today. My vote is yes with proviso. Yes with proviso. Yes with

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proviso. Yes with proviso. Thank you. We go to number nine and as you call it off, there's a

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letter of support from the brewery town

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Sharswood

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and NAC.

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Thank you.

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Calendar number

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MI 2021

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dash 000

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724

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2729 dash 31

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Jefferson Street.

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Jack Hubbard

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is the attorney.

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Mr. Hubbard

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is coming back in as a panelist.

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Good morning, members of the board. I'm Jack Hubbard. I'm the attorney for the owner and the applicant.

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Thank you. Can you put your name and address on the record, please, and spell your last name?

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First name Jack, J-A-C-K, last name Hubbard, H-U-B-B-E-R-T, address 1601 Market Street, 19th floor, Philadelphia, PA, 19103.

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Do you swear a firm to tell the whole truth and nothing but the truth?

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I do.

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

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I do.

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

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photos under 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?

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Yes.

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The letter was emailed to the board by the RCO earlier this week.

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And we do have it.

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You may proceed.

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Okay, good.

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So, there are two refusals that we're here to try to get variances for.

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The first one is the size of the lot.

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So, this is a subdivision.

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This is the property right here.

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These two garages are going to come down, and what's going to be constructed is something almost identical to the two houses next door.

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so there'll be four units right across here that look virtually identical. So we have the,

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I'll just take you through just a couple of the pictures of the current situation first. There's

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i'll just take you through just a couple of the pictures of the current situation

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first there is our postings currently the situation

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our postings.

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this is what's going to go there this is the uh the rendering uh of the two houses so

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the problem we came into is when we subdivide the property into two we come up three and a half uh

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square feet short in each property from the required number and also the other

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variants we're looking for is the access to the parking garage that will be on

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the property there is no parking on this side of the street there's already

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existing curb cuts you know at this location so it's single-family home

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which is exactly what's required in the RSA zoning with regard to the dimensions of the property

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itself it's the shape of the lot that sort of causes this this issue we have we're actually

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better than required on coverage requirements and better than required on rear yard setbacks

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were lower than the height restriction the only thing we're short on on the dimensions is that

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we have 1436 and a half square feet versus 1440. so those are our two requests for the board for

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the variance based on the size of the the the configuration of the lot it creates an extremely

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big backyard, but we ended up just, you know, a little short on what we needed under the RSA 5

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zoning. So at this time, I'd like to have Marina Feudel raise her hand and comment if she's here.

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If not, the architect Logan Dry can also weigh in and help answer any questions the board might have.

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name again or either than how about andrew friedman

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chair logan dry has his hand up okay good logan's the architect and needed and allowed to speak

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please identify yourself sir i swear you in sure logan dry l-o-g-a-n-d-r-y uh kca design

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associates 6525 tulip street philadelphia pa 19135 architect of record so the whole truth

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nothing about the truth i do mr dry you you heard my testimony for the board am i correct

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yes do you have anything you wish to add or correct to my explanation of our request uh

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No, pretty straightforward.

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Again, just slightly under with the lot sizes and just trying to build two single-family homes

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that are, quite frankly, very much in context with, you know, ones that are right next door.

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Would you adopt my testimony as true and accurate?

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Yes.

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Thank you.

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Thank you.

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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, please raise your hand.

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Only on this case, raise your hand.

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I see no hands at this time, Chair.

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Thank you, Planning Commission.

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Thank you, Chair Chico.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Chair Chico, members of the board, in 2014, this area was remapped from RM1 to RSA5 in

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accord with recommendations from the comprehensive plan.

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The proposed lot dimension variance is minimal and does not conflict with the purpose and spirit of the zoning codes.

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We have no objection to that granting of that variance.

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However, the applicant has failed to establish a hardship requiring a variance for front-loaded parking.

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Front-loaded parking eliminates on-street parking, precludes planting of street trees, and is dangerous for pedestrians.

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City Planning Commission recommends that the Board grant the variance for lot size but deny the variance for motor vehicle parking standards.

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already mr halbert there are already curb cuts for those two existing garages correct

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there are curb cuts and the neighboring the two neighboring properties you know on the uh

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both of these uh i think logan was involved in i guess the property right here in that

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that one has uh you know front-loaded parking in it so we're doing you know exactly what is

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next door and there are curb cuts and there's no parking on that side of the street

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understood thank you mi 2021-000724-2729-31 jefferson street my vote is yes

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2729-31 jefferson street my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

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calendar calendar number mi-2021-000-662-3626 helen street jennifer visitlo is the attorney

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And we have a letter of support, Mr. Chair, from Harrogate Civic Association and Councilman Squill for non-opposition.

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Hi.

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Morning, Jennifer. Please identify yourself.

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Sure. Jennifer Bazidlow, B as in boy, A as in apple, Z as in zebra, Y, D as in David, L as in Larry, O as in Oscar,

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4500 Word Street, Suite D202, Philadelphia, Pennsylvania, 19124.

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You swear for I'm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you.

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Carol?

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

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I do.

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Have you emailed the exhibit packet with the required documents consisting of proof of ownership,

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tax compliance, refusal, referral, a copy of, strike that, photos and our plans of the

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property 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 all of that thank you you may proceed okay i'm going to share my screen give you one second

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here uh here we go all right and then i need to just move this so i can scroll all right um so

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like i said my name is jennifer bezidlow i'm here representing um julio lopez um who is the owner

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of 3626 Helen Street and also a long-term resident of that area. I have here a packet

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with the refusal, deed, proof of tax payment, a letter of unanimous support from Harrogate

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