civus
Hearing video

ZBA Hearing - September 14, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 14, 20225h 12m

call 267-270-5548. Leave your email and the address of the property in question.

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And finally, the question answer box on the screen is now for comments or testimony. All comments

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should be directed to our executive director, Tanya Sumpkin. So let's look at our continuances

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for this afternoon. Number two, MI 2022-001-060-7034 North Broad Street, that case is continued.

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Number three. Mr. Chair, this is Hillary. The request for that case was a continuance must be

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Number two, that case must be heard next time.

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All right, thank you.

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Number three, MI 2022, 003-851-7200-MARSTON.

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That case is continued.

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Number 12, MI 2022-003-166-4847-49.

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Haverford Avenue. That case is continued. And number 14, MI 2022-001-058-332 Delancey Street.

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That case is continued. Mark must be heard. Are there any other requests for continuances?

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Good afternoon, Mr. Chair. I see a hand raised by Mr. Sean Ward. I can allow him to speak at this time.

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Okay.

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Good afternoon, Mr. Chair. Sean Ward.

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Hi. Could you state your name and spell it for the court reporter, Mr. Ward?

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Certainly. Sean Ward, S-H-A-W-N, last name Ward, W-A-R-D.

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

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Yes, I do.

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What case?

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Mr. Chairman, this is MI 2021-004365, 4501 Belgrade Street. I had it at a 2 o'clock hearing. It might be at 3.30, though.

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That is on the 3.30 list, Mr. Ward, and we did get your request for continuance for that case.

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Okay, very good. Thank you very much.

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Any other requests for continuances?

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Ms. Diane Munro has her hand raised. I will allow her to speak at this time, sir.

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Sure.

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I'm not asking for continuance. I'm just following up on a project.

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All right, wait a minute, wait a minute.

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So what case do you have, ma'am?

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i was looking at 643 north 11 street that case will be voted on shortly

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okay thank you okay are there any other requests for continuance

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i see no further hand at this time sir case number 13 mi 2022

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to zero zero four four nine three forty one hundred orchard lane that case is withdrawn

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in case number 15 mi 2022 004 556 2550 north 5th street owner is innovation properties

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uh we don't have exhibits for that case from the appellant

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anyone from innovation properties

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check in right now sir

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do you see anybody hands from anyone from innovation property in the audience

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no sir no hand okay that case is continued mark must be tried

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we're going to go to our add-on list

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number one on the add-on list mi 2022 0 0 3 3 0 8 1 5 6 43 north 11 street i vote yes

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thomas tholoman my vote is yes james snell my vote is yes

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Ishmael Shaheed, my voters, guys.

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Number two, MI 2022-005-190-271 Delmar Street.

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Appeal granted.

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Thomas Holloman, appeal granted.

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James Snell, appeal granted.

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ishmael shaheed appeal granted number three mi 2022 003 388 2112 ridge avenue i vote yes

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2112 Ridge Avenue, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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My vote is yes.

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Okay.

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Number, hold on.

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Number four, MI 2022-001-494-2507 Almond Street.

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This case was to be voted today, will be voted on sometime in the future.

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and number five mi 2022 001 357 901 west spencer avenue i vote yes thomas haliman my boot is yes

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jane snell my vote is yes

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It's not Shahid. My vote is yes.

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Mr. Chair, this is Hillary.

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I'm going to call number four.

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You're going to call number four, too?

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I will, as soon as Mr. Patterson gets on.

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Okay, great.

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And just wanted to note for the record that we received a revised letter from Councilmember

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Squilla asking for a one-year temporary variance.

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Okay.

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That we do need clarification on that, if that would have just applied to the parking

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lot use or the signage as well.

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If it's only applying to one, we would need to vote the cases separately.

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okay so thank you mr patterson

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mr patterson if you're in the audience please raise all right okay mr patterson

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has been promoted to panelists he will be rejoicing

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Mr. Patterson?

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I am here. Thank you.

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

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Sure. Good afternoon.

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Ronald Patterson, P-A-T-T-E-R-S-O-N, 1835 Marcus Street, Philadelphia, PA 19103, on behalf of the owner and operator, Pavilion East Associates, LP.

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

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I do. And Mr. Patterson, we want to do number four with this. Is that OK?

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Yes. Consolidated case, because one is for the use, the parking and the other one is for the signs.

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All right. Number four, 2022-002-808-800-338 Market Street. That'll be cool. And have you seen the updated letter?

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I have, yes.

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Okay, you're okay with that?

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Yes, we are.

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Okay.

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Our board secretary has a few questions for you.

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Sure.

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Good afternoon, counsel.

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Good afternoon.

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Do you agree to rave the reading and refusal to stipulate and stipulate to this accuracy?

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I do.

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Did you email all the exhibits and documents as required, such as proof of ownership, tax clearance, copy of refusal or referral, pictures of drawings of the property five days in advance of this hearing?

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And did you meet with the RCO and do you have a letter?

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I have. Yes to all of the above.

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Okay, thank you. Please share your screen and proceed.

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Okay. Can you see my screen?

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We can. We're fine.

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Great. Thank you. So this application regards the public non-accessory parking lot located on Market Street, spanning 8th Street to 9th Street.

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That's 292 spaces. It's the site of the former Gimbel's department store. Some of you may remember.

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It was created as a parking lot in 1985. In 2002, the Pavilion East Associates LP, which is an entity of the Golden Group, purchased and took over the parking lot.

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And we obtained since 2002 interim use variances to allow for interim use, including 2002, 2007, 2012, 2017, 2020.

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2017-2020. It's a 24-hour parking lot. In 2017, as part of one of those cases, the parking lot

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It's a 24-hour parking lot.

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was reconfigured and redesigned, added an attendance booth along with a new signage

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package, which is the same package it's in front of you today. At the time, the parking lot was

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reconfigured, sinus was added, as I mentioned, landscaping and fencing was added, and variances

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were granted for that design as best we could design it based on the needs and the amount of

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parking spaces that were there. As I mentioned, the owner, you know, Goldenberg Group is an entity

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that owns, develops, and operates many large shopping centers and projects, Ikea Shopping

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Center, Snyder Avenue, both sides, east and west, the Whitman Plaza Grand and the Boulevard,

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52nd and Parkside, and the Vantage Student Housing at 1100 Cecil in the Temple area.

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The point is that they're a serious developer and are not here to run a park. But as you'll hear

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from Mr. Freeman talk about what the owner has done and tried to do to develop and market the

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property. As I mentioned, former Gimmel site, there's been proposals for Disney Quest,

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possible casino, many other things, some of which have been rejected because they're not

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the best and highest use of the property. In the interim, though, the property continues to provide

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beneficial use for needed parking in the area, which continues to, parking continues to dwindle.

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It has operated without issues, and we've included a traffic parking study in the package

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So here's some pictures, as you'll see.

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I can get this in here.

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Anyway, it's located in the CMX 5 commercial zoning district and subject to a handful of overlays.

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The refusal for the parking is for the use and some dimensional issues in terms of stacking, open space, landscaping,

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But all of which, as I mentioned, were designed and approved by variants in 2017. So there's been no changes since that time. The signage as well is the same, which predominantly, well, are directional type signs and fee signs, of course, if I could find them.

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So, with that said, we did meet with Wash West Civic Association.

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We did meet with Councilman Squill to discuss the issues with the case and the uses of the property.

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And again, we believe that this property is providing a beneficial use for needed parking, at least in the interim, with the hopes of developing the property.

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So with that said, if you could, I have two witnesses, Mr. Robert Freeman and Mr. Brian Conlon, C-O-N-L-O-N.

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We'll start with Mr. Freeman first, if you may.

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Mr. Freeman, if you're in the virtual audience, please raise your hand.

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Mr. Freeman?

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who's the second person mr patterson uh brian conland brian conland yes

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okay mr conland has been allowed to speak sir okay thank you mr conland could you state your

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name and spell it for the court reporter please uh yes do you hear me okay everyone i can i'm fine

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Good. Brian Conlon, B-R-I-A-N, and the last name is Conlon, C-O-N-L-O-N.

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You swear for him to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Thank you. Counsel?

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Thank you. Before I begin, you'll see on your screen that the sign is that I was referring to.

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Good afternoon, Brian. Please tell the board where you work.

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Yes, I'm an associate principal with Langen Engineering and Environmental Services.

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and you're quite familiar with the property we've we've worked together on the site plan

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for this property for many of the uh temporary variances approvals correct correct so you're

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familiar with the property yes and uh we've commissioned langan uh to provide a traffic

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a traffic parking study report is that correct correct and in summary could you describe

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parking study report is that correct correct and in some

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what you looked at what the parking needs that you found and how it operates and functions

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yes in in general you know we looked at the parking lot where it's located obviously a very

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a highly dense area of the city here and basically in general the parking lot we think is needed you

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You know, it's a beneficial use for the businesses that are there, of course, the residents that are there and certainly are, you know, visitors that are coming to visit the city.

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As Mr. Patterson mentioned, it provides 292 parking spaces.

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There's access on both 8th Street and 9th Street.

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We went out there recently again, as we do, you know, every couple of years when we come back to the board here.

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We, you know, did a visual observation of the site.

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We don't see any visual circulation issues. Everything functions pretty well. And again, in summary, we think the parking lot certainly serves a good purpose for the city.

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And in your report, you mentioned it's, or it is mentioned, it's heavily utilized, correct?

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That's correct. Yeah. We actually just some observations during the weekday, approximately 85%. It's filled weeknights about approximately 70%. And then on the weekend, 60 to 65%. So it's certainly being utilized.

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Okay. And you would say it provides a beneficial use yet, yet, yet creates no adverse impacts to the neighborhood or that area. Is that correct?

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Correct. Yes, correct.

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I have no further questions for Mr. Kahn and hopefully Mr. Friedman's here.

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Mr. Friedman here.

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Mr. Patterson, you're off to the court.

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Your testimony is fine.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Planning Commission.

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Good afternoon, Chair.

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Peter Bernard for the Planning Commission.

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Peter, just for sake of it, could you spell your name for the court reporter?

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Yes, my name is spelled P-E-T-E-R, B as in boy, A as in apple, R as in Roger, N as in Nancy, A as in apple, R as in Roger, D as in doll.

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

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I do, Chair.

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Proceed.

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The comprehensive plan recommends no change to the existing CMX-5 commercial mixed use at this location.

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we feel that the applicant has been using a temporary variance process to skirt zoning

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requirements for surface parking lots for decades the current lot does not comply with the zoning

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codes landscaping reservoir spaces by bike parking or signage requirements the applicant has failed

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to advance development proposals that would justify continued temporary use we feel that

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the surface parking lot use can no longer justifiably be considered temporary and should

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thus be considered permanent and associated improvements uh be made such as required in the

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code accordingly the planning commission recommends the board deny the variance unless it includes a

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proviso requiring installation of landscaping reservoir spaces bicycle parking and signage

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that meet the zoning codes provisions for service parking lots thank you peter if i may mr chairman

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And Mr. would have testified about the types of projects, again, that they have been looking at and what they've declined, but also that once a project is identified and it's encouraging if the 76ers actually move there, that this would be placed on the front burner again.

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I vote yes to both with proviso, temporary until November 1st, 2023.

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Thomas Holloman, my vote is no to both.

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James Snell, my vote is no to both.

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Ishmael Shahid, my vote is yes to both.

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okay so ron we'll we have a fifth member we'll get with the fifth member and we'll

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okay thank you i appreciate that thank you thank you all right all right number

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number five mi 2022 001 091 1312 north 24th street

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melanie lacy is council um community voted to support the project ruby town shardswood

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community civic association and hillary once i get her on i'll have the other two cases

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thank you mr chair and we can vote we can vote these um together uh if the the board wishes okay

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Melanie should be in it as a panelist now, sir.

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Okay.

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Good afternoon, Mr. Chairman, members of the board, Melanie Lacey, that's M-E-L-A-N-I-E, last name L-A-C-E-Y, and I'm with Claire Harrison Harvey in Bransburg, 1835 Market Street, Suite 14th.

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