civus
Hearing video

ZBA Hearing - January 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 17, 20244h 32m

My client is the owner of the property, two Logan Square Associates, which is an entity

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which falls under the Brandywine Realty Trust umbrella.

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Our vice chair has just 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 its accuracy?

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I do, with one correction, that it is a referral, not a refusal.

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Understood. Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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I did.

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Thank you, counsel. Please proceed.

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Thank you, Mr. Chairman, members of the board. As I mentioned, the owner of the property is two Logan Square associates falling under the Brandywine Realty Trust umbrella.

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With me today from Brandywine Realty Trust is Matthew Croce, who is a vice president of leasing.

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We do also have with us Ashley Phillips with Stantec Architecture in case there are any technical questions.

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The request before the board today is for a special exception that has, in fact, been previously granted for this same building several years ago, merely for a different floor level.

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The request is for the grant of a special exception to activate four existing roof deck areas for tenant use at the sixth floor of this high-rise building in Center City.

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As you see at Exhibit 14 and as you referenced, we did secure a unanimous vote of non-opposition from Logan Square Neighborhood Association with a proviso against music amplification.

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The owner had already indicated that there is a prohibition in tenant leases against music amplification, so we certainly have no concern with this proviso, if it is even one that the board can impose.

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The board does have my exhibits, which contain 15 sets of documents, including my client's deed at tab 4 and tax clearance at tab 3.

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The property before the board today is located at 100-20 North 18th Street in Center City, which is bordered by Arch Street to the south and Cherry Street to the north.

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You'll note at Exhibit 5, the property is zoned CMX 5.

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From the aerials at Exhibit 6, you'll see that this building, which is commonly known as 2 Logan Square, is in close proximity to the new Comcast building and other dense center city high-rises.

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The photographs at Exhibit 15 are helpful to provide a little bit of additional context.

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In this first overhead view that you'll see here from Arch Street, the arrows are pointing to three of the four deck areas at issue that currently exist at the sixth floor of the building.

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Just below them, you will also notice the green roof area that was constructed as a part of the prior approval, which I will touch on momentarily.

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Switching to an opposing view from Cherry Street, you'll notice that fourth existing deck area.

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These decks are ideally situated at each of the street frontages.

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For full context, I have included street level views of the building,

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but from this level you can just see the outer edge of these roof deck areas

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from the street level, and even then they're really only visible if you are across the street.

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I did also, and I'll just skim through, I did also include a few interior photos

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showing these deck areas from the current interior of the six-floor tenant space.

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So the board can glean from these photographs that the deck areas are currently unoccupied

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but are structurally in existence today. And of course, the final photographs show the

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required zoning posting was made on December 13th at each of the three street frontages.

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As I mentioned, back in 2016, the board granted a similar special exception for two roof deck areas that were activated at the fifth floor level of this building.

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At Exhibit 10, you'll see photographs of those spaces as they exist today.

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So one of the areas is actually activated for use, the other is just a passive green roof area.

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So one of the areas is actually activated for...

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Similar to the request before the board today, the roof decks are a combination of lounge areas and passive green space.

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I did also, for reference, include those prior permits in the exhibits at tab 7, which shows the 2016 approval that was granted for the fifth floor.

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At Exhibit 9, we've included renderings of the proposed decks, which are substantially similar to what currently exists at the 5th floor.

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These decks are only intended to serve as an amenity to the 6th floor tenant spaces, which are or will be occupied by business and professional offices.

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They are not intended for event space or other activities that would generate significant noise or other impact.

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The zoning plans are also included in the packet at Exhibit 8 and show the small roof deck areas

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that are either 526 square feet or 609 square feet. Each of these decks will have required

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guard rails to ensure safe occupancy. As is required by Section 3037E.1 through 3 of the

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zoning code, the proposed roof decks meet the definition of a use permitted by special exception

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in the CMX-5 zoning district. As always, I've included Section 146045 at Exhibit 12,

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reflecting the relevant code sections. The proposed roof decks will not cause specific

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detrimental impacts to the neighborhood beyond that which might normally be expected from the

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proposed use. The proposed decks will not cause congestion in public streets. As you saw, this is

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six floors above ground level, so no impact to the street can reasonably be expected.

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Two Logan Square is an office building, and the tenants that will be occupying this space

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will be professional office in nature, thereby limiting the magnitude of use of this roof space.

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The proposed roof decks will not cause overcrowding, as the areas that are proposed to be

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converted to active amenity space are currently existing as unoccupied spaces. As they are only

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intended to be occupied by just the sixth floor tenant or tenants, there is no risk of overcrowding.

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The fifth floor roof areas have been occupied in a similar fashion for well over six years

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and have established that these roof areas can be occupied without any impact. The uses will not

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impair light and air to adjacent properties since the deck areas themselves are already in place

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and sit at the sixth floor of an expansive high-rise building. The proposal requires

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minor modification to build out these deck areas and to add the guardrails for occupant safety.

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The uses will not burden any public facilities as the utility use of these deck areas is quite minor

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considering the scale of the overall building's utility capacity.

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The proposed use will not endanger public health or safety, nor is the use inconsistent with the comprehensive plan.

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This area is zoned CMX 5 in a dense center city location, which is surrounded by other high-rise buildings, predominantly commercial in nature.

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The proposed activated roof spaces are intended to serve as a significant amenity to the sixth-floor tenants

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and will further contribute to the reinvigoration of the Center City office market.

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The proposed use is in keeping with the impacts that are normally expected from the proposed use

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and is specifically contemplated as an allowed use in the CMX-5 zoning district.

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We therefore assert the application has met all the requirements of Section 303.7E.1 through .3 of the Code

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concerning entitlement to a special exception, and we therefore ask the board to grant our

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application. At this time, I would ask for Matt Croce to please unmute himself to adopt my testimony.

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What's your client's name, Meredith? Matthew Croce, C-R-O-C-E.

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Matthew Croce, if you're in the virtual audience, please raise your virtual hand.

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Chair, Matthew Croce has been unmuted and allowed to speak.

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Thank you.

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

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Matthew Croce, M-A-T-T-H-E-W, last name C-R-O-C-E.

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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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Proceed, counsel.

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Thank you. Matt, you're authorized to speak on behalf of two Logan Square associates, correct?

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Thank you.

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Matt, you're authorized to speak on behalf of two Logan Squares.

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Correct.

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And have you heard all of the testimony that was given before the board today?

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Yes.

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And would you agree that testimony was true and accurate, and would you adopt it as if it were your own?

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Yes.

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Thank you. Happy to take any questions.

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Questions from the board.

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No, Mr. Chairman.

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no chair thank you questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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i see no answer this time chair planning commission thank you chair bergman and good

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afternoon david effecto with the city planning commission and that's f-e-c-t-e-a-u do you swear

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referring to tell the truth, the whole truth, and nothing but the truth? Yes, sir, I do.

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Please proceed. Mr. Chairman and board members, in 2016, the zoning maps at this location were

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changed from commercial mixed use 4 to commercial mixed use 5 in accordance with the recommendations

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in the comprehensive plan. The appellant has shown that non-residential roof decks will have

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no detrimental impacts to the neighborhood beyond what might be expected at this location.

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the city planning commission recommends the board grant a special exception for the proposed

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non-residential roof decks. Thank you. Hillary, is that an appropriate proviso?

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Yes, Mr. Schreiber. I believe that is enforceable. Thank you. MI 2023-005-777-120

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North 18th Street. I vote yes with proviso. No amplified music.

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Thomas. Thomas Holloman, my vote is yes with proviso. James Snell, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso. Thank you, counsel. Thank you. Okay. Number two,

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MI 2023-005-884-1308

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North 22nd Street. Joseph Consul is the attorney.

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Ishmael Shahid has recused himself from this.

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There's a letter of support from the Brewery Town-Chargewood Community Civic

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Association. Mr. Consul.

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

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Good afternoon.

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Hi, Mr. Consul, just for the record, could you state your name and spell, please, for the court stenographer?

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Yeah, it's Joseph Consul, J-O-S-E-P-H, last name C-O-N-S-O-L-E.

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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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I do.

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Could you identify your client, the relationship to this property?

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My client is Chevetta Property Group.

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They are the group that is under agreement with the Philadelphia Housing Authority for the development of this lot.

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Right. Mr. Holloman has just a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or referral and stipulate to its accuracy?

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Yes.

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Did you email all of the exhibits and documents as required five days in advance to this hearing?

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Yes.

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Thank you. Please proceed and share your screen.

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Okay.

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All right. Is that my packet?

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You're up.

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All right. So we're here for this corner lot.

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1308. It's the corner of North 22nd and West Seabrook Street. So it's 1308 North 22nd.

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It is a CMX2 zoned corner, completely surrounded by RM1 properties. As I mentioned in my intro,

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but I'll repeat, my client is Chiveta Property Group. Chiveta is under agreement with the

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Philadelphia Housing Authority to redevelop this vacant lot into two residential units that'll be

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for sale. So they won't be renting them. They'll be developing them and selling two separate units

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in one building. It's part of the city's Turn the Key program. The refusal that we have is

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the agreement is for my clients to develop two units, two residential units and no commercial

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space and so while we do have the space for the two residential units we have to get over the

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hurdle of there being a requirement to have commercial space on the first floor we're not

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providing that that was not something that was contemplated by the city in having my clients

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develop this land so we have a refusal for that and that's the only refusal that we have

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And that's the only refusal that we have.

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We presented this

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We presented this to the RCO, the BSCCA zoning committee.

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We got nine votes of support and a vote of support from the committee itself.

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Included our proof of mailers, photos and plans, showing all the pictures.

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and then we include the layouts that are that will show the breakdown of the units it's uh

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one two-bedroom unit and then one three-bedroom unit occupying the basement lower level first

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or first level second floor and third floor of the property finally we have all of our compliance

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documentation the project information form tax clearance certificate and we included the

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development agreement uh in lieu of a deed after discussion with attorney emerson about what we

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we should include this is just showing that my clients are under agreement with the pha

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to develop this property so that's it so you can um have your clients yes my client is michael

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Tomasetti. He should be on the call right now. Okay. Mike, could you raise your virtual hand?

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Mike Tomasetti has been unmuted and allowed to speak. Sir, could you please state your name and

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spell for the court stenographer? Yes, my name is Mike Tomasetti, M-I-K-E, last name T-O-M-A-S-E-T-T-I.

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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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Who's she, counsel?

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Good afternoon, Mr. Tomasetti.

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Did you hear my testimony just now regarding Chivetta's property at 1308 North 22nd Street?

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Yes.

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So you adopt it as your own?

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Absolutely.

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Okay.

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Nothing further.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Thank you. Planning Commission?

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Thank you, Chair Bergman, and good afternoon.

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David Fechter with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends a change in zoning at this location

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from commercial mixed use to residential single family.

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the appellant seeks two dwelling units without the required ground floor commercial space

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two dwelling units would bring the property closer into conformance with our recommended zoning

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and so the city planning commission recommends the board grant the proposed use variants

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for not including required ground floor commercial space thank you mi 2023 005 884 1308 north 22nd

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Street, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes. Thank you.

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Thank you, Council. We're going to go to number three, MI 2023, 005-952-12285 McNulty Road.

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Daniel Reisman is the attorney. There's a recommendation of support from the Parkwood

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Civic Association, a letter of support from Councilman O'Neill.

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Chair Daniel Reisman is coming back in as a panelist now.

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Mr. Reisman.

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Good afternoon, Mr. Chair, members of the board.

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

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Yes, it's Daniel Reisman, R-E-I-S-M-A-N.

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Right.

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

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I do.

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I do.

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Could you identify your client, their relationship to this property?

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Yes, my client is Keegan Smith.

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He's the president of Northeast Sports Performance, which is leasing 5,000 square feet at the property.

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okay our vice chair has a few questions for you good afternoon counsel do you agree to weigh the

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