civus
Hearing video

ZBA Hearing - April 20, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 20, 20223h 15m

Our vice chair has a few questions.

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Great.

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Good morning. Have you emailed the exhibit packet with the required documents consisting of proof

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of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of

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photos and or plans of the property five days in advance of this hearing and have you met with an

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

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RCO and do you have a letter yes to books okay um hopefully yes to all because there are a lot

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yes to all okay you may proceed uh great uh sorry and I'll be in front of a computer momentarily

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um I am the owner of 2403 Carpenter Street we are excuse me you'll have to share your screen

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oh so i'm so i have the architect with me janice woodcock and we've been advised that she will be

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able to share the screen as she has the packet full of materials okay great

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miss woodcock is coming back in as a panelist

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good morning hi good morning miss wash you're gonna have to do the presentation and miss

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woodcock and just put the screen up for you very good okay um great i will do my best i'm the owner

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of 2403 carpenter street we are applying for a variance to add a third story addition with roof

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deck to our residential property uh in line with many of the other additions that have taken place

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in our neighborhood. We are seeking a variance to not do an eight-foot setback and bring the

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third story to the front of the property to maximize living space. This would also be

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directly even with our adjoining house, adjacent house, that has a third story addition directly

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later the front of the property as well um our plans are all submitted and i think that's it

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so i will take any questions that you may have

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i i think i think if you would could you go through the plans a little bit what as you see

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them on the screen um am i allowed to have my architect speak at all to the plans no you you're

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going to speak to the plans. Okay. So it is currently a two-story row home on 2403 Carpenter

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Street. And as you see in the plans, we are seeking an addition spanning the full length

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of the property from front to back of the house. We would also have a roof deck with interior

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staircase and pilot house leading to the roof deck. We met with the RCO SOSNA and they are

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in agreement with the third story addition with the proviso that we also modify the existing

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shutters on the front exterior of our house. And the third floor addition would include a master

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bedroom and a bathroom and a walk-in closet. So it's a fully interior design, again, with a pilot

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house to a rooftop. Okay. Questions from the board? No, Mr. Chairman. No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no answer, Chair. Planning Commission. Thank you, Chair Bergman. Ian Hegarty for the

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Philadelphia City Planning Commission. The comprehensive plan recommends no change to

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the existing RSA 5 single-family zoning on this block. While we don't find evidence of a strict

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hardship since the third-story addition is not necessary to make use of the property,

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we have no objection to the granting of the variance. Thank you. MI 2021-004760-2403

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Carpenter Street. I vote yes with proviso. Revised plans, two pages, stamped April 20th, 2022.

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Carol Tenere, my vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.

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James Snell, yes with proviso. Ishmael Shaheed, yes with proviso. Thank you.

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number four

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thank you miss wash

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number four mi 2021

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004991 2600 north 11th street

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no exhibits first listing sean whalen is the attorney

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Mr. Whalen is coming back in as a panelist.

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Mr. Whelan is coming back in as a panelist.

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Good morning, Mr. Whalen.

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Good morning, Chairman Berkman. How are you?

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Great. Could you state your name and spell for the court reporter?

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Sean Whalen, S-E-A-N-W-H-A-L-E-N.

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

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Yes, I do.

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um could you identify the owner in the relationship to the property sure the owner is g-o-j-e real

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estate llc okay and i have a representative of the owner on uh our vice chair has a few questions

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for you we don't we don't have any exhibits at this time so we'll have to figure out where we

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stand with that okay they were all submitted so okay okay we're we're trying to work to do that

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carol understood hi okay i'm ready do you agree to waive the reading of the refusal and stipulate

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to its accuracy yes i do have you submitted all of the required documents consisting of proof of

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ownership tax compliance a copy of the refusal photos under plans of the property five days in

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advance of this hearing, and have you met with the RCO, and do you have a letter? Yes, yes, and yes,

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unanimous support from the RCO. Okay, great. You may proceed and share your screen.

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Thank you. Thank you.

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All right.

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Okay, so hopefully you can see, I'm going to try to enlarge it for you.

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I'm here on behalf of the owner of 2600 North 11th Street.

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I can't see what I'm sharing, so hopefully you can see it's a city atlas map showing the property, just giving an aerial view.

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This is a vacant lot at the corner of North 11th Street here and West Huntington.

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It's a 1,120-square-foot lot.

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it's been a long vacant lot and actually uh there are vacant lots at almost every corner here

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this is actually a city of philadelphia pictometry map that shows there's actually a vacant lot at

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this corner a long vacant lot at this corner vacant lot here uh and notably and the reason

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why i'm pointing these out will become clear in a minute up and down the block there are numerous

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vacant lots in this neighborhood. Again, we have the entire neighborhood is RM1.

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We have a CMX2 zoned property. There are a lot of CMX2 properties at the corners. The reason why I

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pointed out the number of vacant lots is because it goes directly to hardship. If you go up and

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down the block, the vacant corner lots are all the ones that are zoned CMX2. CMX2 zoning is just

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not an appropriate use here. So that is our first issue of hardship. This property is

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two blocks off of Germantown Avenue. All of the commercial uses in the area are focused up and

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down Germantown Avenue, and there is no viable commercial use along West Huntington in this

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area, again, as openly evidenced by the fact that essentially every one of these CMX2 properties

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shown on this map, this is the city zoning map, are vacant and have been vacant for a long time.

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Happily, we met with the RCOs. You can see on the board here, we received a 12 to 0

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unanimous vote in support. They were actually very excited that this project was going to get

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built and start to infill some of these vacant lots on their corners. Here is the refusal that

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we had. This first refusal is that we were seeking not to put in commercial use. Essentially,

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you're required along the 100% of the ground floor frontage to go 30 feet of building depth.

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the second issue with this commercial refusal is if based on the floor plan or I should say

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the square footage of the area with upper floor residential units you would end up with a

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commercial space of maximum 450 square feet which is actually even too small for just a corner lot

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a corner like grocer or any, you know, a corner mini-mart. So even if we tried to put in commercial,

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the size of the lot simply does not warrant a commercial space. The maximum multifamily

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household living units is two units. We are proposing four.

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living units is two units. We are proposing four. We are initially turning the, or seeking

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to turn the commercial unit, which would not be appropriate on the first floor, into a residential

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unit. That was obviously fully supported by the RCO. The fourth unit is really what makes this

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project viable, and again, was unanimously supported by the RCO and the community.

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All of these units will be rented at affordable to workforce housing rates.

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So, you know, the community was very excited to hear that, you know, and willing to include a fourth unit based on those rental rates that would match the neighborhood.

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The third refusal we received was a minimum off-street parking space of one space is required.

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um this actually is an impossibility because our uh our site is actually only 16 feet wide

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so if you look at if you look at this we're only 16 feet wide north 11th street would be our front

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street so we would not be allowed to put in a front accessed uh parking space so any parking

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space would have to come in off of West Huntington. Now, unfortunately, you have to have under the

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code 18 and a half foot deep parking space for a regular parking space. And our entire lot width

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is only 16 feet. Additionally, West Huntington is a well-traveled road. And in order to put in

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a rear access or a side access parking space, even if we forgot about the fact that it would

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be dimensionally uh we it would require a dimensional variance that is uh we would be

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putting in a curb cut along west huntingdon where none exists now that would be breaking up the

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pedestrian walk ability and also disturbing uh the street flow um so those are the the variances

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as you can see here's a photo of the present condition of the property it's a long vacant

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lot there's actually two vacant lots next to it you can see there's an alley behind us

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uh and then these are just some contextual photos and you can see again all of the cmx2

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lots in the area this is a large school across the court street from us

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all of these cmx2 lots at every corner in this neighborhood are vacant long-standing

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And so we proposed a three-story, four-unit building. And again, I think most notably, the RCO had a well-attended meeting and voted unanimously in support of our project.

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With that, I'm happy to answer any questions that the board may have. And I would ask that Ramtin Saniketam, on behalf of the owner, is elevated to a panelist so that he can adopt my testimony.

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could you have your client raise their hand because there's no hands at this time

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okay sir please unmute yourself and please wait for the chair

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

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Good morning, yes. My name is Ramton Saniketam, R-A-M-T-I-N-S-A-N-E-E-K-H-A-T-A-M.

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

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Yes.

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Rasheed.

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Yes, Mr. Saniketam, you are here on behalf of the owner, G-O-J-E Real Estate LLC, correct?

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Yes.

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And did you hear all of the testimony that I presented already?

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Yes, I did.

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And do you believe it to be true and correct to the best of your knowledge and information?

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Yes.

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And would you adopt that testimony as your own?

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Yes.

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Thank you.

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Is there anything else that relevant or pertinent for the board?

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Questions from the board?

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No, Mr. Chairman.

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Questions from the virtual audience or comments?

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i see no hands chair planning commission thank you chair bergman ian hegarty for the philadelphia

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city planning commission members of the board the comprehensive plan recommends a zoning map

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amendment in this area from cmx 2 to rsa 5 single family zoning we agree with the argument presented

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by council that ground floor commercial is not viable at this corner and that strict compliance

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with the requirement for non-residential use constitutes an unnecessary hardship however

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However, under the existing CMX2 zoning, two dwelling units and a commercial unit would be permitted for a total of three units.

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However, under the existing CMX2 zoning, two dwelling units and a commercial unit would

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By this standard, the proposed four dwelling units exceeds the minimum variance necessary, in our opinion, for zoning relief.

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Financial viability is not grounds for hardship. It has to be something physical with the structure of the lot.

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and we would further note that the board recognized that the rental rates represented

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to the community are not in any way guaranteed and are not subject to deed restriction or other

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form of formal affordable housing arrangement. We therefore recommend that the board grant the

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variance with the condition that no more than three dwelling units be permitted.

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Thank you. Mr. Whalen, we're going to hold the vote on this until our attorney can look at all

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the documents. She didn't get a chance to get the documents of just a little while ago.

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So we'll hold the vote, and we'll probably vote next week, next Wednesday on this issue.

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We also noticed that you have a case number eight today.

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Yes.

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Could you email our attorney, Hillary Emerson, with those documents so that when we get to number eight, we see where we stand?

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Of course.

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The vote's going to be held on this until she can go through the documents.

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We'll probably vote next week, next Wednesday morning.

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okay so uh chairman that will be at the 9 30 list oh yeah yep okay yeah okay thank you thank

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you very much chairman number six

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mi 2021 005073 4651 to 53 lancaster avenue justin crick is the attorney

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do not see a letter yet from the RCO.

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Good morning, members of the board. Good morning. Could you state your name and spell for the court

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reporter, please? Yes, Justin, J-U-S-T-I-N, Crick, K-R-I-K. Right. Do you swear or affirm to tell

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the truth, the whole truth and nothing but the truth? I do. Could you identify the owner and

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the relationship to the property? Yes. Well, the applicant is Rue Live Poultry, Inc. by and through

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its expediter, Betty Mann. They are the tenant of the property, proposed tenant of the property.

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Okay. Our vice chair has a few questions. Good morning, Mr. Crick. Do you agree to

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wave 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 photos and or 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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we have everything except the RCO's letter despite our attempts to contact them I don't

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believe that they have submitted one to either myself or the board that meeting was held on

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January 31st of this year well that was several months ago okay thank you you may proceed

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thank you thank you

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hello members of the board we're here uh seeking a variance for 4651 lancaster avenue

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for use of the property as uh for what is labeled under intensive industrial and a slaughterhouse

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This is for sale to consumers of meat and poultry, mostly poultry.

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Essentially, the applicant seeks to have what would typically be considered your neighborhood butcher shop with the aspect of the slaughter of the chickens on site.

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Um, we met with the RCO and discussed the nature of this process and, uh, what the purpose of it

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was to bring fresh live meats to the neighborhood. They are prepared in the style of halal, uh,

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meats so that they can accommodate the, what we believe to be a need in the neighborhood.

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And, but ultimately while it's intensive industrial, technically under that classification,

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we don't believe that this meets the issues typically raised with chemicals or hazardous

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substances, but simply the minimalist of slaughtering of poultry and not larger animals or

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meats. For geographic issues or general location, we have the property situated between Lancaster

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Avenue and Marion Street. It goes through and through. From this perspective, you can see that

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there's a school to the rear of the property and a park and a commercial unit across the street,

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but mostly commercial directly on both sides of the property.

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but mostly commercial directly on both sides of the property.

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The property is located in a CMX2 district.

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The frontage of the property is, as you can see here, in between two larger buildings

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and is situated with this rear loading dock,

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which makes it very convenient for delivery of some of the chickens.

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Again, to be brought in, everything stored inside,

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appropriate trash for the waste and compliance with health protocols, both at state, local and

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there is no federal at this level because of the nature of the processing. There is already a curb

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cut to permit deliveries of trucks. So we're not seeking any further assistance or variances for

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that. The property has a history of use in the previous uses in the retail meat processing and

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