civus
Hearing video

ZBA Hearing - March 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 22, 20235h 37m

No, no, it's all right.

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I apologize.

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Hold on.

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Join us, the panelists.

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You're getting promoted to panelists now.

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Oh, thank you.

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Sorry.

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You can hit the green button now.

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Yeah, I know.

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I'm sorry about that.

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I'm trying to do a couple of things at the same time here.

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Okay, here we are. Sorry about that.

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Okay, before we proceed, Plato, you've heard my presentation so far.

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Would you agree that it's true and accurate?

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Yes, I do.

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And would you adopt it as if you were your own?

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Yes, I would.

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Okay, thank you.

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So right now we're on the building addition.

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Could you take us through what the design is, what the no impacts are,

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and what comments and concerns the Historical Commission?

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I will. Our design was sensitive to the historic context of Independence Hall. Our neighbor to the south, the Curtis building, completed a two-story addition.

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And our design on the ledger follows that setback. If you can look here, the ledger is here, the Curtis addition is here, and then our public ledger is additions here.

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during the historical review and subsequent approval a lot of work design work was done

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to minimize the design impact on the independence mall area so this is sort of like a an example

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you're standing in front of uh independence mall you're looking at the mall at the at the

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independence hall obviously and then you see in the background the curtis kind of popping up and

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in our addition popping up as well, but also setback. We also took a lot of care in, I'm

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going to flip around some of these. This was the old drawing of the public ledger building,

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the Trumbire drawing. And one thing we worked with historical is to try to follow the column

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lines from the bottom to the top so this kind of comes out from the building but kind of fits in

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with the building too we took a lot of care with the materials of the building especially with the

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hand rails that make them not reflective so that you couldn't see the sun hitting it so like i'm

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sorry so we would use like an aluminum picket rail and some of these materials limestone panels

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and stuff to kind of keep it less reflective so when the sun hits it you wouldn't see it shining

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on top of the building so there was a lot of back and forth with it historical and they were a great

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resource and i'm glad to work with them so i know it's a lot of details about the design but

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you know as it applies and it affects zoning is is it your opinion that the historical commission

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view this as that it would have no adverse impact on the Independence Hall area?

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That's correct. Yeah, I'm sorry. Yeah, that's correct. Because we said it back, if you look

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at, we did a laser scan. So this image is a laser image that scans the roof. So basically,

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our proposed addition is in line with the Curtis. So we are very sensitive to that. So when you

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go down, when you look at the

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street level, like here's

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the street level from Chestnut

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Street looking up on the corner,

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you can't really see the

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addition at all. It doesn't really have

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no impact.

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So are you aware that the Curtis

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Building had received a similar variance

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for their addition years ago?

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Yes. And would you

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agree that

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this addition, you know,

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for other

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reasons and purposes complies with the spirit and context of what the Independence Hall overlay

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is really meant to accomplish? I believe so, yes. Okay, thank you. Anything you want to add on this

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particular refusal before we move the parking? No, I'm clear. I'm good. Okay. Any questions from

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the board if they have any questions all right if not you want to you want to put up the um the

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parking claim yes okay i'm gonna mr chairman i'm gonna you know a separate opening for this but

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briefly and then take a plato through of this testimony so the second uh refusal regards parking

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So the second refusal regards parking and see if I could.

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and

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You don't have the refusal to eat, Plato, or otherwise I'll put it up.

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Well, I'll go through it.

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So we'll just keep that up.

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So the building, as we saw in the overhead, and Plato, you can point to it,

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has what we'll call an existing port co-chair in the middle of the building.

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which is accessible through by off of Sampson Street,

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which is currently being used for deliveries

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and loading and trash, et cetera,

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and then exits out on 7th Street.

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In 2017, this board granted approval

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to create a parking garage in the cellar of the building.

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It was a counter number 29071.

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And at that hearing, the board approved my application

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to create 211 spaces which was later requested to reduce to 197 spaces and it was a valet type

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of arrangement where the cars would be dropped off at this open area to Port Cochere and drivers

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would then take it into the basement and park both tandem and stacked and then up uh stacked

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vertically on on lifts um drivers did not park their cars at that time um you know due to other

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For a lot of reasons, financing and COVID intervened, that project was not started, and unfortunately, and subsequently, a zoning permit was then terminated because it wasn't used within three years of the approval.

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So hence, we really are reapplying for this underground garage, but we believe redesigned even in a better configuration.

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it would still be valet. The refusals regard issues that are inherent in existing configuration

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conditions of the basement and also inherent in valet parking garage arrangements. For example,

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there's a dimensional standard refusal for minimum aisle width. You know, aisle widths always arise

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in valet parking garages or parking lots really not applicable as the car owner is not driving.

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There is a refusal for not providing a van accessible space adjacent to the entrance,

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which I'll go through in a minute with Plato. So with that said, Plato, you just heard my

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presentation and testimony would you agree so far is true and accurate yes i would and would

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you adopt as if it were your own yes i would okay so could you show us where the um if you

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have the site plan where the ada parking is the next yeah the next uh go down to the the next

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site plan the next page down yeah i think that one yeah yeah okay so if you could just show the

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board where the parks, sorry, the cars would enter off of Sampson Street. Take us through

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what a car would do here. Okay, so Sampson Street here is at the top of the page. Basically,

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they would come into this entrance. The gate's down right now, but they would, you could drive

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through this lovely arch and basically go in here. And that's an open area to the sky?

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Yeah, it's open to the sky. This is covered. This portion is covered. And then there's stacked reservoir spaces because the valet will be parking cars. And if a car is not ready to get parked, there's eight stacked cars here for reservoir parking as a kind of, as a holding area in case, you know, if it gets, yeah.

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If I can interrupt you, so the first two refusals say that there's no van accessible space adjacent to the entrance, and then the second says that the spaces are adjacent or behind the entrance.

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You know, the fact is that nobody is parking their ADA car in an ADA space here, correct?

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It's dropped off, and the valet then takes the car.

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So we believe that these refusals are really not relevant.

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So the next one has to do with reservoir spaces.

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we're required to have five we're providing four but the refusal also says that the proposed

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reservoir spaces are behind the valet pickup point if you could just address this and maybe

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it's because we changed the configuration of the flow of the traffic well yeah the valet office

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is here where it says valet there's a then the ramp because it's an existing building and the

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columns are where they are we had to get and then we also had other mechanical systems we had to

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And then we also had other mechanical systems. We had to get the ramp in and it kind of takes a turn. I'm sorry for moving. So basically it comes down and it comes down into the space. So that was sort of the reason why we couldn't have the stacked before right next to the valet.

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get the ramp in.

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Yeah, but I think the original plan had reverse traffic flow, so you would actually drop off at the valet and then move upward to where the stacked spaces are.

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But now that the traffic comes in off of Sampson Street, they actually do hit the stacked reservoir spaces, correct?

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That's correct, yes.

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Okay.

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Okay, so anyway, we believe that with this design, that it would create no adverse impacts on public health, safety, welfare, and especially traffic.

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The plan was reviewed and approved by Street Department, although we'll get another review when we apply for a building permit.

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And it's important to note if the board looks at the letter of non-objection from the Society Hill Civic Association that we have an understanding and agreement to pursue the design further.

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It's clearly written in the letter.

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So with that said, I have no further questions.

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Plato, if the board has any questions.

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But if you want to relinquish your screen, I'll put up some other exhibits while the board's having a discussion.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Yeah, I have a quick question.

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Counsel, is that a Keystone building or is Keystone Curtis building?

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a keystone is a curtis building

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okay yeah not our building

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any other questions from the board no chair

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questions from or comment from the virtual audience mr chair i just have a quick question

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for mr patterson um mr patterson in in reviewing the records on this property i noticed that it's

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separated into five condominium units but i was unclear based on the records that i found where

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the division was and it's my understanding that this is for a particular that the this particular

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or this the um refusals here are for a particular condo unit or at least it seems to be that way

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based on on the deed yeah it's it's kind of so Plato you're still here so the the condo unit is

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this l-shaped portion here of the building yes is that correct yep okay great and so the building

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is in a u-shape we have this particular l part here that's what we're here on okay great and

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and the the garage portion is similar l-shaped but below it's not an l-shape it actually occupies

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most of the basement um but there's another portion of the basement that's occupied by the

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other condo i think there are four condos the we occupy one and then there's the wawa and then

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there was another i think um the vita and then uh the the office portion okay so but this condo

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includes obviously this l-shaped part of the building and then the part of the the parking

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or the part of the basement that you're developing is the parking garage that's correct okay um

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mr patterson we need to include a proviso to clarify that this is that these are particular

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because the the refusal all has the just the 150 south independence mall um number w address but

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these would be this is e1 is it am i correct correct correct okay okay so what would you be

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comfortable if the board was granting to include a proviso just to clarify that

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since the refusal doesn't specify okay thank you and if the board can see this is the relevant

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language from um society hill letter so we're going to further look at safety measures for

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the vehicles yeah you already have some for that right hillary you wrote up uh yes i i i did um

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write up something that the board can adopt based on that that's 10 right um yes that's number 10

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that's the second the second case right okay um planning commission

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thank you chair bergman david dekto with the city planning commission the comprehensive

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thank you chair bergman david dekto with the city planning commission the comprehensive

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plan recommends no change to the commercial mixed use zoning at this location the building

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onto which the addition is proposed is already legally non-conforming under the terms of the

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independence mall sub area of the center city overlay the addition will not significantly

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increase these non-conformities so the city planning commission recommends the board grant

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the dimensional variances the proposed parking variances are not required to enable the applicant

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to make use of this building so the city planning commission recommends that the board deny the

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parking variances okay um hillary wrote vote vote these one at a time yes mr chair because there's

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a separate request for proviso for the parking

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so number seven mi 2022 zero zero six zero six six nine six nine two

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150 000 small w i vote yes i vote yes thomas hallman excuse me mr chair could you

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include a proviso indicating um that this applies to unit e1

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So this applies to unit E1, is that okay?

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Yes, that is fine.

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Okay.

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Tom Toliman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Number 10. MI 2022-006-507-150-South-Independence-Mall-W. I vote yes with Proviso.

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limit to you wait wait let me let me get the proviso out first limit to unit one is that

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right hillary e1 e1 e1 yes and then app applicants to install safety measures at the

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7th street exit as permitted by the streets department

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Thomas Holliman my vote is no James Snell my vote is yes with proviso

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Ishmael Shahi my vote is yes with proviso thank you

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thank you thank you Mr. Chairman members of the board

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Thank you, Mr. Chairman.

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So number eight, MI 2022-007-530-909-15 North 2nd Street.

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Adam Laver is the attorney.

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Letter of non-opposition from Council Member Squilla.

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Letter of support from Northern Liberty's Business Improvement District.

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And also, a letter of support from Northern Liberties Neighborhood Association.

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Would provide those?

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Good afternoon, Mr. Chairman and members of the board.

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

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Yes. Adam Laver, L.A., V.A.S. and Victor, E.R., Lank, Rome, 1 Logan Square.

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Right.

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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, Mr. Chairman.

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Could you identify your client in the relationship to the property?

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Blankrome represents North Bull and its corporate entity, Spare Time Inc.,

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which is the tenant, the sole tenant of the subject property, 909-15 North 2nd Street.

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Our vice chair has just a few questions.

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Thank you.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate

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to his accuracy?

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Good afternoon, Mr. Vice Chairman. Yes, I do.

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Have you emailed all the required documents to proceed with this case five days in advance

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