civus
Hearing video

ZBA Hearing - April 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 13, 20223h 18m

Corsdale Morrill Park Civic Association with 86 total votes all in favor letter

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that announced the property zoning map photographs

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and the interior plans as well as the site.

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and the interior plans as well as the site plan for the whole shopping center so um just uh just

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to orient everyone here 3200 red lion road is also known as academy plaza which i think some

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of you are familiar with um it's in there for a significant amount of time uh this is a ca1

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drone shopping center uh it's at the intersection of academy and red lion road and it's right next

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to northeast airport um there are several other there's many businesses in the shopping center

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including acme right aid and a giant fitness and several other restaurant takeout businesses

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including aritas dunkin donuts wendy's a chinese food restaurant and a pizza shop so let me just

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go back to here um our proposed use is as a takeout restaurant specializing in italian

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specialty sandwiches like meatballs, chicken cutlets, roast pork, as well as some eggplant

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parmesan, pasta, etc. These are all created with the Santini's family's recipes. They have extensive

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background in the food business as a family. Paul Santini, he was here with me today, himself has

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over 20 years of experience running restaurants, both as an owner, manager, banquet manager,

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as does many other members of his family who are also partners in this business.

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The proposed hours are 11 a.m. to 10 p.m. daily, and those are regulated by the shopping center

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themselves, so that would not really change. Let me get to the plans so I can show you them.

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All kitchen equipment is going to be ventilated through the roof in the exhaust fan. I know that

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that's always good. Trash is stored. There are shared commercial dumpsters managed by the shopping

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center that are part of the lease for this restaurant to use. So that's the basic gist of

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what's happening here. Let me just get back to, I'll show you this. So like I said, this is a

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special exception, which is the standard of will not cause specific detrimental impacts to the

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neighborhood beyond which normally might be expected for the proposed use. Here we have a

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takeout restaurant, any shopping center, lots of parking, lots of access from major roads, so there

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should be no congestion issues. There should be no detriment on conforming properties adjacent to it

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because, again, this is exactly the type of business you would expect to be in this area.

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um no impact on public safety it's a small business um that's going to have reasonable

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operating hours um and for those reasons i think that is why the neighborhood was pretty much

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universally in support of having another um food option for themselves and like i said on march

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3rd there was 86 people at the west toursdale moral park civic association meeting and they

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all unanimously voted to support this special exception. So with that, I wanted to just bring

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Paul on to adopt my testimony.

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What's your client's name, Ms. Bozidlo?

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I'm Paul Santini with an S.

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Mr. Santini, if you're in the audience, can you raise your hand, please?

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please mr santini please unmute yourself and wait for the chair

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could you state your name and spell for the court reporter my name is paul santini p-a-u-l

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s-a-n-t-i-n-i do you swear or firm to tell the truth the whole truth nothing but the truth

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i do proceed um mr santini did you hear my test county here today and believe it to be truthful

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and accurate yes and would you adopt it as your own yes great and then questions from questions

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3200 red line road i vote yes thomas holliman my vote is yes

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ishmael say my vote is yes sorry that that uh james snell my vote is yes thank you thank you

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mi 2022 000 394 3501 island avenue

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chair melanie lacy is coming back in as a panelist now

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good afternoon again uh mr chairman and members of the board melanie lacy m-e-l-a-n-i-e last name

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l-a-c-e-y i'm with claire harrison harvey bransburg 1835 market street suite 1400 philadelphia pu

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thank you you've already been sworn today could you identify your client and the relationship

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to the property yes i am accompanied by darren russ from giant direct which is a tenant of the

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subject property mr holliman has a few questions for you good afternoon counselor do you agree to

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waive the reading of the refusal and stipulate to its accuracy i do did you email all other exhibits

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as required such as proof of ownership tax clearance copy of refusal pictures or drawings

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of the property five days in advance of this hearing did you meet with the rco and do you

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have an rco letter yes to all of the above please proceed and share your screen thank you are you

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seeing my screen yes okay great so um once again i am uh representing giant direct uh which is

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seeking relief for an accessory flat wall sign located above the second floor windowsill and

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the property is located at 3501 island avenue so this is a fairly simple sign application we

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received a refusal letter on january 6th because the location of the sign is prohibited in the i2

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Zoning District. As mentioned, we did meet with all of the RCOs affected by this application,

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five of them to be exact, and the meeting was hosted by the Coordinating RCO, which is the

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Ward 40 Republicans. That meeting took place on March 7th to discuss the application, and they

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submitted a letter of support to the ZBA yesterday, which I've included here.

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As you can see, the establishment is primarily surrounded by other industrially zoned properties, and there aren't any residential properties in the immediate vicinity.

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It also falls within the airport hazard control overlay district.

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So here are some aerials to help situate the property.

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the building is a giant direct corporate headquarters, and it's located near the

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Philadelphia International Airport on the east side of Island Avenue, just north of the intersection

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with Bartram Avenue. Brewster Avenue is also at the rear of the property. And so this portion of

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Island Avenue has four lanes with two going in either direction, and then you have these parallel

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theater roads that provide safe ingress and egress to the industrial park which i'm hovering over

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here and here's a closer view you might also notice that the building is slightly lower than

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the causeway which is another motivation for the height of the sign and the relief that we're

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requesting so i'd like to clarify that this is a replacement sign this isn't a new sign

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that's being requested, there's an existing zoning permit for a 13 by three foot accessory

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flat wall sign in the very same location that was issued in December of 2010.

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And I've highlighted it on the accompanying zoning plan, which you can see here.

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And we also have the current zoning plan that accompanies the current sign application.

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As you can see, the location is identical.

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on the 2021 zoning plan, as well as the 2010 zoning plan that was approved previously.

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Now, this is, here are the sign drawings. So there are two signs, one on the far left that

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has a G Philadelphia headquarters. That is not a sub, not subject of this application. The giant

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direct sign that I'm hovering over on the far right-hand corner is a subject of this application

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due to the fact, as mentioned, that it's above the second story windowsill.

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story windowsill.

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So here are the sign dimensions.

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The current sign that's being proposed is 15.5 feet by 4.8 feet.

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As mentioned, the old sign was 13 by 3, so it's very similar.

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And the design of internally illuminated channel letters is similar as well.

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and lastly or almost last I have a photo of the building when it was occupied by the previous

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tenant prior to the 2010 approval that I referenced earlier as you can see the wall sign is in the

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same location as well above the second story windowsill so it's been over a decade and at

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least two tenants since the sign has been affixed to the building in this exact location

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here we have um photos of the zoning notice that was posted 21 days before this hearing

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and compliance with procedures and that summarizes my testimony and the application i'll also mention

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that i'm accompanied by mark weaver and ed mccann from inside as well as bob millett from advanced

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signs and displays who are available for questions if need be but i will have darren russ from giant

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direct adopt my testimony so if you would um promote him um he can be sworn in mr russ please

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unmute yourself and wait for the chair could you state your name and spell for the court reporter

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please yes darren russ d-a-r-e-n-r-u-s-s you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do proceed thank you darren did you hear the testimony that i provided

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to the board this morning or afternoon great do you affirm that my presentation was accurate

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i do and do you adopt the testimony as your own i do is there anything else that you would like

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to share briefly concerning uh this application yes thank you so you know with giant direct we

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do firmly believe and you know as we become a part of a community and serving our communities

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with which we operate within as part of that we work to hire within the local community as well

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the sign package as proposed would not only ease with the identification of the building

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but also the pride our team members feel for both their employer and their work location

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so I just wanted to say thank you for your time today as we review this this application

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thank you questions from the board no Mr. Chairman no Mr. Chairman questions or comments from the

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virtual audience. I see no hands at this time, Chair. Planning Commission. Thank you, Mr.

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Chairman. Members of the board, David Fecto, City Planning Commission. The comprehensive plan

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recommends no change to medium industrial zoning at this location. The proposed sign and its

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placement would not impair the use of adjacent properties and is the type of identification sign

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that a reasonable person would expect to see in an industrial district.

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The City Planning Commission recommends that the board approve the signed variants.

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Thank you.

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MI 2022-000-394-3501-Island Avenue, I vote yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you.

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Thank you.

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MI-2022-00400-4131 Woodland Avenue.

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Chair, Mr. Pollock is coming back in as a panelist now.

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Thank you.

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Thank you.

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Here we go. Good afternoon, Mr. Chairman, members of the board.

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Stephen Pollack, S-T-E-P-H-E-N, P-O-L-L-O-C-K, on behalf of the applicant, Pozell Enterprises.

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

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I do, Mr. Chairman.

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Could your client, could you tell us the relationship to this property?

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My client is the owner of this property.

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I have with me the executive vice president, David Hess, who will join us as a witness.

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And I also have my associate, Nico Rialbuto, who I would appreciate if he could become a panelist,

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Because unlike some of these younger attorneys, I have trouble chewing gum and showing my.

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Unlike some of these younger attorneys, I have trouble chewing gum and showing my screen at the same time.

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So if you could give me that courtesy, that would be appreciated.

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We certainly will.

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Mr. Redding, who's coming back in as a panelist now?

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Okay.

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And we shall wait, I guess.

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So I see he's, here we go.

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This is a, this is a.

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Hold on one minute, Mr. Park, hold on one minute.

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Mr. Holloman has a few questions.

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Good afternoon, counsel.

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

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I do, Mr. Holloman.

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Did you email all other exhibits as required, such as proof of ownership, tax claims, copy of refusal,

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pictures for plans of the property five days in advance of this hearing did you meet with the RCO

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and do you have an RCO letter all of the above we have done Mr. Holloman thank you please proceed

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okay Mr. Chairman members of the board this is a surface parking lot non-accessory on Woodland

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Avenue down from where from the Penn Vet School and right next to the what was the University

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of Sciences campus. This lot exists because of two temporary variances granted since 2008.

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Stop right there, Nico. 2008 by the Zoning Board of Adjustment. So our last temporary

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variance has expired. We came back in front of the Spruce Hill Civic Association.

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What happens is we have this big office building up at the corner at 600 Chester Avenue.

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and it has this lot was to provide parking for commercial tenants. One of our major

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tenants recently was the University of Sciences. The University of Sciences as it retrenched

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has withdrawn from that building leaving my client with about a half a building of about

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22,000 square feet of vacant space. And the hope is that to have this continue for non-accessory

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parking. We met with Spruce Hill Civic. I believe you have the letter from its chair, zoning chair,

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Barry Grossbach, where they recognize that we are now at a point negotiating a third

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time, restricted variance for a 12-year period is requested by the applicant.

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And Barry goes on to say why they didn't want to give it, although he says at the end,

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my own sense is, that should things remain in good standing at the end of this 12-year period,

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and should Pizelle still be in the property operator and owner, then consideration should

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be given to a more permanent change. That's a personal observation, as Barry notes,

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and not one discussed with or endorsed by the Spruce Hill Committee.

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But on behalf of the Spruce Hill Committee, they supported a 12-year extension of the variance.

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So we've lived up to all the conditions.

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Can I have Mr. Hess get on for a moment, Mr. Chairman?

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Sure.

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David Hess.

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Mr. Hess, can you please unmute yourself and wait for the chair?

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Hi, can you hear me?

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

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David Hess, D-A-V-I-D-H-E-S-S.

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I'm the executive director for Pozell Enterprises.

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the history of this property and its continuing hardship since it's been allowed to be used as a parking lot now for about 13 years.

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Is that correct? Yes. And do you adopt what I stated also as your testimony today?

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Yes. Okay. With that, Mr. Chairman, members of the board, we have our exhibits.

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We would ask for them to be admitted into record and we would rest.

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Absolutely. Questions from the board? No, Mr. Chairman.

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no mr chairman questions or comments from the virtual audience

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i see no hands at this time commission

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thank you mr chairman uh members of the board david fecto city planning commission

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the comprehensive plan recommends no change to the residential single family zoning at this location

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the parking lot does exist so we think a reasonable compromise would be to allow the

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parking lot to continue to exist under the grant of another temporary variance. And the City Planning

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Commission would suggest that that would be reasonable to limit to another six-year variance

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and the applicant could come back later if they needed further grant extension. Mr. Chairman,

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if we may be heard with regard to the issue of six years, and Mr. Hess, can you explain,

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because we went back and forth with the Spruce Hill Civic Association with regard to that.

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Can you explain the thinking behind asking for 12 years?

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David, are you still on or?

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I don't know.

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David?

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Mr. Hess, can you please unmute yourself?

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Yes.

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