civus
Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

I do.

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Thank you.

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uh susan could you speak more to the particular needs of the species that will need to be

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kept overnight for medical observation yes so um i don't know if i'm able to turn my camera on

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i don't know if i have the option um so um so my name is susan tyson i'm an exotics veterinarian

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I primarily focus on, my goal is primarily focused only on exotic species. So this includes

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birds and reptiles. 72% of my clientele right now are rabbits. I do specialize and have a lot

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of very complicated cases that are referred to me from local veterinarians. So many of these cases

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are, are very sick and debilitated. Um, I have patients and clients with, um, birds that might

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be, you know, 60, 70 years old. Um, these patients are very, um, arthritic. They need six to eight

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medications, um, given to them by mouth twice a day. So having specialized staff to care for them

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and specialized caging to care for these patients is super important. I, I also, I also have a lot

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of referrals, like I said, from, from local veterinarians for these cases who may not have

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the tools or the equipment to perform specialized surgeries. Many of my avian patients and my rabbit

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patients go through, I will perform very complicated surgeries on them. And then following that they

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need a quiet space to recover in. Um, and many times transferring them to the client or even to

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an emergency center to be monitored, um, can disrupt their recovery and actually, um, we can

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lose the patient. So, um, our goal is to, um, maintain these, these patients overnight in a

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warm dark environment um where there's minimal handling they can have um any heat support or

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other support that they might need um dr tyson oh sorry we dr tyson we do understand exactly

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everything you're saying and council council expressed that very well is there any questions

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from the board yes mr chairman can we have her counsel uh adopt her statement since we didn't see

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yes please please uh yes i uh adopted what she did already but go ahead yeah i uh i adopt

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my client's testimony and i i believe she mentioned that as well too okay and and she

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adopts your testimony too. You already did that, right? Okay. Yes. Yes. Okay. Any other comments

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from the board? No, Mr. Chairman. No, Mr. Chairman. Questions or comments from the virtual audience?

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Chair, we have Justino Navarro. Sure. Good morning. Could you state your name and spell

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Sure. Good morning. Could you state your name and spell, please, for the court reporter?

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please for the court report?

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Good morning, Mr. Justine Navarro. N-A-V-A-R-R-O.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth, sir?

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I do.

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Proceed.

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Good morning, Mr. Chair, members of the board. Just wanted to communicate that we met with the

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client and members, and we've entered subsequent to the mailing on April 28th of the letter of

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support to the board. We've entered into a community benefits agreement with all parties

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involved, including the proposed tenant and the property owners. And we want to express our

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gratitude to all parties for being flexible and are able to executing on the CBA. And we would

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encourage the board to adopt and approve the application as submitted with the specific

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provisors that have been included in the letter of support to the board dated April 28th.

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Thank you very much.

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Anyone else in the virtual audience?

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Hi, Chair.

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This is Tanya.

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I'm so sorry to interrupt, but may I respectfully ask that Mr. Navarro state on the record who

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he is regarding the case?

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Yeah.

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oh thank you ms duncan my i'm representation of the spring garden civic association

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thank you so very kindly thank you

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planning commission thank you chair bergman and good morning david fecto with the city planning

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commission the comprehensive plan recommends no change to the commercial mixed use zoning at this

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location the applicant has shown that animal services will have no detrimental impacts

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beyond what might be expected from this use.

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The City Planning Commission recommends the board

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grant the special exception for animal services.

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MI 2022-006-761-1710-12 Fairmount Avenue.

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I vote yes with provisives.

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Boarding on second floor only, no boarding of cats or dogs.

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All birds must be kept in second floor soundproof enclosure.

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Thomas Holloman, my vote is yes with provisos.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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Thank you, counsel.

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Thank you so much.

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number seven mi 22 number 10 i'm sorry mi 2022 006 748712 north american street

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darlene treat is the attorney um letter of non-opposition from council member squilla

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letter of support from northern liberties neighbors association

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chair miss three is coming back in as a panelist now okay

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Good morning, counsel.

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Good morning, Commissioner Darlene Threatt on behalf of the applicant, CYF Realty, and Lawrence Wu.

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

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My name is Darlene, D-A-R-L-E-N-E, last name Threatt, T as in Thomas, H-R-E-A-T-T.

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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, I do, Commissioner.

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Our Vice Chair has just a few questions.

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Good morning, Counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that are needed to proceed with

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this case, five days in advance of this hearing?

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Yes.

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Please proceed and share your screen.

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Thank you.

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And I just want to state to the board, I am having a little bit of a delay today, difficulty,

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so please bear with me.

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Can you try to turn your volume up if possible?

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Okay.

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Good morning, commissioners.

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I'm representing CYF Realty today and Mr. Lawrence Wu of CYF Realty.

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today we have in front of you 712 north american street i've presented 10 exhibits consisting of

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41 pages commissioners i'm not going to go through every exhibit just the pertinent ones

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here we have the refusal we applied to

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Here we have the refusal. We applied to license and inspections to develop this vacant structure into a three-family dwelling.

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This structure is a RSA 5. RSA 5 provides for a single family. As a little background, though, I would like to tell you that at least since 1968, this property has never been used as a single family.

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It was a commercial business, F. Lotiero and Sons, and they were a chimney and masonry repair business that operated out of 712 North American Street for at least 30, 40 years.

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I provided you with the property information sheet, the deed showing that the client is the owner of the building.

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I also wanted to provide you with a little history of the property, and I'm just trying to get down to the L&I exhibit.

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I just really wanted to show you here. This was an office and a business place for chimney builders since 1968.

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By the L&I records, it looks like this business closed somewhere around 2013 or 2014, and this property has been vacant since then.

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the property has changed hands on at least three different occasions since then

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but it was never developed into any use here is a copy of our plans

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let me just go down a little bit for you here it is 712 north american street you can see

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this is where the property sits on the block it's a very diverse area there are all kind of uses

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here. You can see on the corner is a large loft apartment building with one, two, and three-bedroom

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apartments. Right next door is a vacant property, which is a garage of sorts, but it's not being

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in use currently. Across the street, you can't really see it, but there's actually a drive-in

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a parking structure which is used for a house on the block. Here is just a map that shows you

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where North American the property is. It sits between San Mart and Brown Street. Again this

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is the property. It has a unique window here. There's an entrance here and there's a little

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covered alleyway here which you can kind of walk all the way to the back of the property

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right there.

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This is a footprint of the property.

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It shows you the dimensions of the property.

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And again, a straight-on look at the property.

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Next door to the property is actually Orthodox Church.

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Here are our actual plans for the development of this property.

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basically it's pretty simple commissioners we would like to have a three-family dwelling

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in this property no basement use the first floor we'd like to develop into a two-bedroom

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one-bathroom apartment it's approximately 650 square feet the second floor we like to develop

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into a two-bedroom, two-bathroom apartment. It's also approximately 625 square feet.

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And the third floor, again, we like to just develop into a two-bedroom, two-bathroom apartment there.

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here is a picture of the property and a picture of the posting to the left of the property here

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you can see the rear of holy trinity a romanian orthodox church excuse me to the right of the

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property to the left of the property again is a garage with a roll down a gate i just took some

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various pictures of the property in the neighborhood to give the board a look of what's going on in

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this neighborhood. Again, here is the back of the church. They have a large parking lot here. That's

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the back of their building. I wanted to give you, though, a long shot of our building that we're

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proposing to develop. You can see it's a pretty large building suitable for the proposed development

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that we're requesting today in regard we did meet with the community and this is a northern

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liberties and as we all know there are parking issues in the northern liberties but it was

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established that in order for us to there's no parking that we can actually make on this lot

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There's no parking that we can actually make on this lot.

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and if we actually went down

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And if we actually went down to develop parking, we would actually take two parking spots off of the street.

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So it just really isn't feasible.

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That's just an additional close-up picture of the back of the building.

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A picture looking down North American Street.

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that's the uh church uh which is kind of in front of our building and the yard is uh in between um

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our building um in the church here you can see across the street uh that's a multi-unit apartment

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building i'm having a hard time hearing you darlene i'll speak up is that better yeah it's better

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much better thank you uh i just gave you some general pictures of the neighborhood here

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again there are many different types of uses their garages there's some single families

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there's some multi-family uh uses here also just another picture of multi-family on the corner

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that's a picture on a different day you can see these commercial garages cars are going in and out

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I would like to note that there are no single families right next to this building.

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There are all different types of uses.

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We've got the church.

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We've got what we're trying to develop into residential.

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We have commercial here, and we have a commercial type of artist there for storage of cars and whatnot.

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Directly across the street is a single-family home.

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I wanted to give you a picture of. So there are some single families, not many, but it is a mixed

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use community here. That's just a picture through the gate of the back of the property.

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Commissioners, here's an additional photograph around the corner, one block from 3rd Street.

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It is a highly commercial walkable area. Some of these properties have commercial on the bottom

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and multi-units on the top in this neighborhood.

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Just another example of a property around the corner

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that's been developed into a duplex and a triplex.

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It's additional pictures of the area, what it looks like.

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That's the American lofts on the corner,

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which has many, many apartments,

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one, two, and three bedroom apartments there.

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and commissioners we did notice a meeting with the northern liberties neighborhood association

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we did meet with that association on march excuse me april the 3rd it was a very well

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attended meeting we had a good discussion and frankly there were really no opposition

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to our project. We did send out 133 pieces of mail. There is our proof of mailing. And we did

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get a letter of support from the Northern Liberties Neighborhood Association. We did

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indicate to them, my client in the organization, in a gentleman's agreement, that they will try

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to restore some of the existing facade of the building to maintain some of its characteristics.

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Commissioner, and that's my presentation today, and I'm more than willing to answer any questions

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that anyone may have. Counsel, there was a reference in the plans of demolition of a

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one story section of the building. Is that true? Well, yes. And I'll just go back to the plan very

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quickly. I'm just going to go back to the site. Here is was kind of like a makeshift covered

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shed that we're going to tear down to give us the backyard on use. The first floor apartment

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will have a use. They do have a door here, it's not shown on the plan, where they can come out

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into this backyard. But this was just like a covered area in the back that we are going to

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uh demolish hillary yeah miss this is hillary this is a change in youth application there's no

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no construction or demolition as part of it um so i believe you will need a separate permit

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application for the demolition um because they will need to review plans and plans are not

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um because they will need to review plans and plans are not reviewed as part of changing each

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reviewed as part of change in each application

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application very well i understand thank you um you have your uh here

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with you.

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commission i didn't hear you i'm sorry you have your client here

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yes uh mr lawrence woo can you raise your hand please

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mr woo please unmute yourself and wait for the chair

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

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Hi, Chair. Lawrence Wu, L-A-W-R-E-N-C-E and W-U.

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

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I do.

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Proceed, counsel.

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Good morning, Mr. Wu. Mr. Wu, are you a part owner of 712 North American Street?

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Yes.

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Drew's CYF Realty?

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Yes.

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Yes. And have you heard my testimony as presented today?

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Yes. And if you were to testify, would you adopt

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my testimony today? Yes. And is it true and correct?

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Yes. Thank you, Mr. Wolf. Questions from the

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board? No, Mr. Chairman. No, Mr. Chairman.

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No, Chair. Questions or comments from the virtual

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audience? I see no hands at this

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