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Hearing video

ZBA Hearing - February 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 16, 20223h 51m

Okay. Ishmael?

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Mr. Chair, there's no proviso with this, right?

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No proviso. Nope. Nope. Okay.

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Thank you, Mr. Masters.

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Thank you very much. May I be excused?

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Is there anyone? Yes.

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Is there anyone in the virtual audience whose case has not been heard?

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Chair, this is Tanya.

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If I could make a request that we go back to Ms. Kelly Lewis to see if she's prepared to proceed.

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Ms. Lewis, can you turn your camera on and audio and let us know your status?

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Yes, I'm here.

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Are you able to proceed with sharing your screen at this time?

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I am able to proceed.

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I have my plans, but I was trying to share with the front entrance of my building when I just scanned most of my plans in because I thought I could do by hand.

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I didn't know I had to scan them in.

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So I do have most of my information scanned in already.

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so you can you can share pictures and all the documents on the screen at this time

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i do have them on the screen yes okay chair it's totally your call that's good let's go

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we're ready okay can you see the video of my pictures no no all right just one second

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let me see what's going on okay okay one second i'm sorry give me a second i'm

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don't know why it's not showing just a minute

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hello yes okay i'm trying to see why this is not showing

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so miss lewis um efforts of um not going too late we are going to request um that you be

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prepared at another date we're going to um more than likely if it's the chair is called do a

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continuance I will try to work with you giving you a short continuance because we're currently

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scheduling in July and if you could have everything prepared at that time and let me know beforehand

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we can go ahead and try to put you in on a sooner than later continuance is there any way possible

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can come back this afternoon no no okay okay you can be on a scheduled date that's posted on your

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on your posters that's the date you have to be prepared because that's when the community

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knows when to come forward if not we'll just schedule you a new date we'll give you new

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posters to poster the community okay okay thank you thank you very much thank you chair sure is

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Is there anyone in the virtual audience whose case has not been heard or they're still waiting for a case?

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Mr. Chair, I have Ms. Diane Settles with her hand raised.

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I will allow her to speak at this time.

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Okay.

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Good morning.

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

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Yes, my name is Diane.

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last name is settles first d-i-a-n-n-e last name spelled s as in sam e-t-t-l-e-s right do you

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swear or affirm to tell the truth the whole truth and nothing but the truth i affirm sir and what

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what case are you involved with with this uh with miss kelly lewis um no well well listen to me

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that case has been continued i know but i just have one question in regard to the community

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you said that the new date will be on the posters that she has has to post i wanted to know will a

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letter also be sent out as initially regarding um this new date initially um

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regarding um this new date initially um they are required to send out a letter

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you could probably speak to tanya executive director okay so typically miss settles we

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as long as you come forward and register at this zoom hearing all parties will be notified of the

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a new date for the new hearing.

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OK, Ms. Sunkett, what about the posting?

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So we can speak offline, if you wish.

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OK, Ms. Sunkett.

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Contact my email or the RCO email, OK?

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All right, I will contact your email.

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Thank you very kindly.

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Thank you for your time.

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All right, is there anyone else in the virtual audience

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whose case hasn't been heard?

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I see no one else, sir.

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All right, thank you, everybody.

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we'll see you two o'clock okay chair all right see it

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we are recording

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people in tanya yes chair you can begin when you wish good afternoon my name is bill bergman

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i will be chairing the zba hearings this afternoon with me is carol tenery our vice chair

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present ismail shaheed our board secretary present mr chairman thomas holliman our board

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member president mr chairman and james snell our board member present mr chairman also our

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executive director of the zoning board tanya sunkett and our board attorney sherman toppen

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president mr chairman to review our virtual format be advised these proceedings are being recorded

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By participating, acknowledge your agreement to be recorded.

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The video will be available by contacting our Executive Director, Tanya Sunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548. Leave your email address and the address of the property in question. And lastly, please note the question and answer box on the screen is not for testimony or comments. Any comments should be directed to our Executive Director, Tanya Sunkett.

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So let's look at our continuances for this afternoon.

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i have two continuances number eight mi 2021 004633 3900 main street

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and mi 2021 003718 716 manning street both these cases will be continued

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is there anyone who has comments relative to that in the virtual audience

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we have a hand up from mr harry cook mr chair i can allow him to speak if you wish

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sure by the way mr cook just mentioned your name you've already been sworn

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yes good uh good afternoon your honor um the manning street um matter

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yes is uh not for a continuance 736 manning street we're withdrawing that um okay that appeal

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okay so i'll i'll when i do the appeals i'll list it with the appeals but we had it listed

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that it was going to be a continuance i do have a continuance request in for 15 oh go i'm sorry

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sir which one which one do you have 1513 north 6th street number three

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okay you show you want to continue that case yes sir we want to go back before the rco

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uh issues came up and were expressed after our meeting which was poorly attended all right so

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MI 2021 004663 1513 North 6th Street will be continued. Any other requests for continuances?

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Mr. Chair, I have Leo Moverhill with his hands.

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mr chair i have leo mulvihill with his hand raised i allow him to speak

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yep uh good afternoon members of the board leo mulvihill

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mr mulvihill spell your name for the board please for the report report

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m as in michael u l v as in victor i h i l l right do you swear or affirm to tell the truth

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the whole truth nothing but the truth i do what case do you have sir members of the board i was

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here on 736 Manning Street as attorney for the protestant, but I understand now that Mr. Cook

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has withdrawn that application. That was essentially it. I should have put my hand down once I heard

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that. Okay, thank you. Thank you, members of the board. Have a good afternoon. Thank you.

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You too. Any other continuances?

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One more hand for Mr. Henry Clinton, sir. I can allow him to speak if you wish. Sure.

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Good afternoon, Mr. Chairman, members of the board. Henry Clinton, C-L-I-N-T-O-N, here on case 5817 Henry Avenue, MI-2021-00465E. That case is being withdrawn.

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Henry, I didn't get to the withdrawals yet, but we have it on our list. I was just doing continuances, but we'll get to that, sir.

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Okay.

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Thank you. Any other continuances?

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so with with we're going to go to withdrawals

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number nine mi 2021 002 502 3948 the 50 west rod avenue mi 2021 004 658 5817 henry avenue

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MI 2021-003-718-736 Manning Street

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and MI 2021-00591-817 Ellsworth Street.

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Does anyone have any comments

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relative to the withdrawals?

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Any additional withdrawals?

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I see no answer.

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Okay.

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we're going to go to number one and number two m i oh i'm sorry um after talking to council at lunch

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our original that we had earlier on law on lawndale street lawndale avenue mi 2021 003904

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6433 lawndale street we're going to revote that that's a yes with provisos sign illumination

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limited to 9a to 9p. Harold Tenere, my vote is yes with proviso. Thomas Holloman, my vote is yes

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with proviso. James Snell, yes with proviso. Okay. That's all we need. Okay. Number one,

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MI 2021-004-690-1431 Ogden Street. MI 2021-004-765-1420 Poplar Street. Henry Clinton with

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both. At this point, we don't have RCO letters. Mr. Clinton?

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he's been brought to the panel sir thank you

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good afternoon mr chairman mr clinton mr clinton you've already been sworn

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the our chair vice chair has a few questions hi mr you agree to wave the reading of the refusal

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and stipulate to its accuracy.

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I do.

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And Mr. Chair, is this on both cases?

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Yes, we're going to do both.

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Okay.

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And it appears that you've submitted

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all the required documents.

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Is that correct?

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Yes, including a letter of support,

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two letters of support from the RCO,

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which came in late, but it's in my package.

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Thank you.

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Okay, thank you.

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You may proceed.

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Okay.

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if you can see the uh the first page of the presentation oh it's the wrong one excuse me

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that's my next project

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how about that can you see that presentation

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yes yes all right so we're here on on two projects uh ogden street as well as poplar

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street and i'll explain why there were two separate applications uh rather than one

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rather than one. It basically involves the same parcel of ground. And with me is Matt

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it basically involves the same parcel of ground

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Ricciotti. He is the general manager of the Met. And the Met, I'm sure you're familiar with,

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is a concert venue on North Broad Street at Poplar. And this is the table of contents

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contained my exhibit package AA through A10. And I'll walk through each one of these documents.

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here in statement. This is the refusal. So as I said, this is the Met on North Broad Street,

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a concert venue holding, you know, performers such as Bob Dylan, Madonna, and all headliners

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and some international stars. And the request today is to use the adjacent parcel of land

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on Carlisle Street for containing buses as well as for some containers for storage of outdoor

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equipment. We've been using this parcel of ground for some time now since the opening of the Met,

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but we're trying to beautify it, pave it, light it, and secure it. And that's the reason for

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the proposal in front of the board today. So we have a number of refusals, one concerning

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landscape. The other concerns that this area isn't a residential district. It's zoned RM1

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residential multifamily. And the other refusals concern the height of the fence and as well as

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the non-accessory parking. And I'll explain each as we go through the presentation.

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I have a question, Mr. Clinton. Is that for load-in and load-out as well?

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Pardon me?

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Is that load-in and load-out as well, that whole area back there?

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Yes.

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Okay, thank you.

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So here's a letter of support from United Francisville.

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We met with them and submitted the proposal as we're submitting it to the board today,

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and it was pretty much overwhelming support on both applications, 13 to 1 on both votes.

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These letters are part of my submissal. So again, to give you some context, this is an aerial view.

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The area in between lots B and C is an alleyway. Were this alley not here, I would have supported,

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I would have presented this project as just one. It would just be parcel B. But because we cannot

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eliminate an alley, and we're not going to eliminate an alley, I had to submit two applications, both B

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and C. So the lower one, this one further to the south is Ogden Street parcel, and the one to the

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north, parcel B, is Poplar Street. To the east is the Met right here, and the street in between is

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Carlisle Street. Now we'll just concentrate on the Poplar Street. This is the B parcel. Right now

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there are storage containers on the ground. It's an unpaved surface. It's not fenced in and there's

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really no significant access via curb cuts to get in. And so again, we're attempting to clean up

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the site to make it more visible, appealing to the neighborhood, to pave it and to light it and

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to provide some security. This is a ground view. This is Ogden Street here to your left,

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Carlisle Street to your right. And again, you can see some of the containers that are on the

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parcel right now. This is the consolidation plan. I'll just shrink it a little bit to the left

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is existing condition. These are all parcels of land owned by the land bank. And you'll see in

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my package, there's an agreement where we are a sub lessee through the land bank of this ground

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for a certain period of time. You can see the alleyway running from 15th Street to Carlisle

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Street. We're keeping that open. And we're going to have on the right hand side, consolidate six

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lots on Ogden Street into one lot, which is parcel C and consolidate two lots on Poplar Street

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into parcel B. Here's another detailed list of what we're trying to do here. Again,

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properties on Ogden Street and Carlisle are going to be combined into C and the two properties on

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Poplar will be combined into B. And here is our zoning plan. Our zoning plan contains two curb

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cuts, which permits buses to get in and out and also access the storage containers when need be.

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And the buses would be for whatever concert group comes in. This is typically where they

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This is typically where they would park, and then there's a door at the rear of the Met where they would enter and off of Carlisle Street into the area behind the stage.

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would park. And then there's a door at the rear of the Met where they would enter.

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We also have street approval for the curb cuts.

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I also wanted to show you just a driving pattern to show that the curb cuts, as well as a turning radius, are ample for a bus to get into either parcel, either C or B.

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The idea is that there will be fencing around the property.

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And the reason that we're asking for an eight foot high fence is because a four foot high fence would not block the headlights of the buses into the surrounding houses.

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Again, not that the buses would be directly facing the houses on Ogden Street.

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But when you come in and you turn, we really don't want any light to shine into any of the properties of the residential nature that surround the area.

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You can see there's ample turning radius to come in, to back in the one spot here, also to keep the other spot on the Poplar Street side, and you would exit out the curb cut on Carlisle to get to Poplar.

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So the rest of the documents are the pro forma tax certifications, the deed, the property, our application for appeal, the zoning map indicating, as I said before, what the zoning is, RM1.

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And then this is just one thing I attached to the package, indicating that the underlining landlord is the Philadelphia Land Bank.

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The land bank leases the ground to Avenue North Renaissance, and we are a sub-lessee.

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The name of the client is Live Nation Worldwide, even though it's known colloquially as the Met.

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That's a location.

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