civus
Hearing video

ZBA Hearing - July 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 13, 20225h 14m

m number one hold on hold on a woman i'm sorry

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be right there

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number one

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I'll be right there, I'm sorry

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my computer went a little

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off here, here it is, number one

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MI 2022

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001-919-1831 East Airedale Street, and number 11, MI-2021-005-233-5018 North 12th Street.

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Both these cases are continued. Are there any comments from the virtual audience relative to the cases?

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chair i see no hands at this time do i have requests for additional continuances

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chair we have mr jared klein mr klein you can unmute yourself and wait for the chair please

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thank you good afternoon mr chair hi could you state your name and spell for the court reporter

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please mr klein sure it's jared j-a-r-e-d last name is klein k-l-e-i-n do you swear

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firm to tell the truth, the whole truth, and nothing but the truth? Yes, I do. Your case is

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2036 to 38 South 3rd? Yes, it is. And we are requesting continuance to have additional

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conversation with the RCO. Thank you. MI 2022-001-810-2036 to 38 South 3rd Street.

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This case is continued. Any other requests for continuances?

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Chair, I see no hands at this time.

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Okay, we're going to go to the add-on list.

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Okay, the first case is...

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Hi, Chair, this is Tanya.

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Yes?

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I'm sorry to interrupt it, but did we do any requests for withdrawals?

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Are there any requests for withdrawals?

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Chair, we have a Ms. Rosa Golding.

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Ms. Golding, please unmute yourself and wait for the chair, please.

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Ms. Golding, could you state your name and spell it for the court reporter?

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Chair, I'm getting a message that I can't unmute her because her version of Zoom is too old.

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It's telling me to promote her to panelists.

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That's fine. You can promote her.

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okay thank you she's coming back in as a panelist now chair

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hi could you state your name and spell for the court reporter please

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miss rosa can you unmute yourself

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miss rosa can you look at okay thank you

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All right, could you state your name, please, and spell it?

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Her name is Rosa Golding, R-O-S-A-G-O-L-G.

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I think she's talking, but not near the mic.

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Tanya, can you share?

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Yes, helper that's there with Ms. Rosa.

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Can you raise the volume a little and see if that works?

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and if miss rosa could get closer to the mic that would be helpful

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And if Ms. Rosa could get closer to the mic, that would be helpful.

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let's try speaking miss rosa see how that works

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all right could you speak your name please and spell for the court reporter

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right do you swear from the tell the truth the whole truth and nothing but the truth

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yes you have a case you want to withdraw no i don't want to withdraw it i thought we were

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talking about a lot on 60th street that's not the subject okay i'm sorry chair ms rosa are you

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Yeah, I talked to Mr. Craig, and he told me to zoom in on this, and I was told to zoom

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in on this meeting, and they won't have a meeting about your situation on the street.

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Ms. Rosa, we're going to meet you.

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In the case of Paul, you can then raise your hand again, okay?

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Say that again for me.

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We're going to meet you, okay?

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Okay.

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any other cases for withdrawal

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here i see no hands at this time all right we're going to go to the add-on list

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the first add-on is mi2022 001 068 601 gall street i vote yes for reconsideration and rehearing

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I cannot vote.

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Carol Tenere.

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Yes to reconsideration and rehearing.

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Yes to reconsideration and rehearing.

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Thank you.

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So the next seven cases are related,

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but we're going to do each one separately

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because there's a slight difference in the provisos.

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Number two, MI-2022-001-581-1848-North 17th Street.

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I vote yes, proviso.

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Approved use in units C and D is group living, not rooming housing, and other previously approved uses to remain.

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Carol Tenere, my vote is yes with proviso.

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James Snell, yes with proviso.

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Ishmael Shaheed yes we're providing. Number three MI 2022 001 578 1818 North 17th Street

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approved use in unit C and unit D is group living not rooming house with other previously approved

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uses to remain. Mr. Chair can you just say yes or no on that one first please. Oh I vote yes I'm

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sorry. It's okay. We then state the proviso. Proviso. Approved use in unit C and unit D

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is group living, not rooming house, with other previously approved uses to remain.

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Carol Tenneri, my vote is yes with provisos. James Snell, yes with provisos.

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mi 2022 001 580 1822 north 17th i vote yes with proviso recommendation for all or wait a minute

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existing units c and d same in the building hold on a minute here this one's

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Oh, here it is. Here it is. I'm sorry.

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Approved use in units C and D is group living, not rooming house, with other previously approved uses to remain.

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Carol Tenere, my vote is yes, with proviso.

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James Snell, yes, with proviso.

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Ishmael Shaheed, yes, with proviso.

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Number five, MI 2022, 001-579-1820 North 17th Street. Proviso, I vote yes with Proviso.

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Approved use in units C and D is group living, not rooming house with other previously approved uses to remain.

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Carol Tenere, my vote is yes with Proviso.

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James Snell, yes with Proviso.

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Ishmael Shaheed, yes with Proviso.

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Number six, MI 2022, 001769, 1857 North 17th Street.

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I vote yes.

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Approved use in units C and D is group living, not rooming house with other previously approved uses to remain.

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carol tenary yes with proviso james snell yes with proviso ishmael shahib yes with proviso

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Carol Tenere, yes, with Proviso.

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Jamie.

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mi 2022 001 577 2015 north 17th street i vote yes approved use for units b c d and e is group

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living, not grooming house. Carol Tenere, my vote is yes, with proviso. James Snell, yes, with proviso.

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Yes, with proviso. Number eight, MI 2022-001-783, 2019 North 17th Street, I vote yes, proviso.

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No. Approved use in units C, D, and E is group living, not grooming house, with other previously approved uses to remain.

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Carol Teneri, my vote is yes with Proviso.

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James Snell, yes with Proviso.

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Ishmael Shaheed, yes with Proviso.

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We're going to go to our regular list.

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Number two, MI 2022, 001-975-1900 South Broad Street.

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Jennifer Tintenfoss is the attorney.

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Here are a letter of support, operator of Constitution Health Plaza, Broad Street.

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Also a letter of support from South Broad Neighbors Association.

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chair miss tinton fast is coming back in as a panelist now thank you good afternoon can you

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hear me i can't good afternoon thank you could you state your name and spell for the court reporter

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please yes my name is jennifer tinton fass j-e-n-n-i-f-e-r last name t-i-n-t-e-n-f-a-s-s

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and I'm an attorney with Royer Cooper Cohen-Bronfeld.

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I'm the attorney for the applicant.

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Thank you.

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Do you swear for him to tell the truth,

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the whole truth and nothing but the truth?

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I do.

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Could you identify your client, please?

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Yes, I can.

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My clients on the call today are Max Silverstein

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and Jonathan Weiss of 1900 SOBLLC.

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Okay, our vice chair, Carol Tenere, has a few questions.

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Hi, good afternoon.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy yes we do have you emailed the exhibit packet with proof of ownership

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tax compliance a copy of the refusal or referral photos under plans of the property five days in

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advance of this hearing and have you met with the rco and do you have a letter yes we have

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and yes we do okay you may proceed and you may begin by sharing your screen

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can you see my screen yeah i have them clear yes great um great again mr chairman miss

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chairwoman and the board my name is jennifer tittenfoss i'm an attorney representing the

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applicant on the property at 1900 South Broad Street. This application was submitted and received

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a refusal for certain variances required and requested for use and development of the site

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for medical office use. This development project is a proposal for 49,400 square feet of medical

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office in a five-story building in an existing RSA 5 location. The property will also propose

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12 spaces for parking on-site and 35 off-site parking spaces at a neighboring property on the

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same block. As you can tell and see here on the screen, the existing property location is at the

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corner of Broad Street and Mifflin. And as you can also see that the property, the lot size is

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currently 9,958 square feet. The property is currently used for medical office. However,

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as you might see from some photos, it's an obsolete structure with aging infrastructure

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and inaccessibility for ADA compliance. It's the intent and belief that this property can be

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improved and to provide more modern medical office for the community and for the neighborhood.

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At this time, I'd like to introduce my clients, Max Silverstein and Jonathan Weiss.

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First, I'd like to have Jonathan Weiss join as a witness.

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Mr. Weiss, please raise your virtual hand.

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Mr. Weiss, please raise your virtual hand.

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Mr. Weiss, please unmute yourself and wait for the chair.

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Okay.

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

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Hi, Jonathan Weiss, J-O-N-A-T-H-A-N-W-E-I-S-S.

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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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Proceed Jennifer. Hi John, how are you? Great. Do you accept my testimony as your own? Yes I do.

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What is your relationship to the application? I am a partner on the development project

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with our intent to acquire this property to develop this office building and my firm Equinox

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management construction would also be the general contractor and property manager for the property

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once it's completed. And do you have experience in this practice, in this area, in the City of

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Philadelphia? We do. We have extensive construction management and development experience. We've been

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developing in the City of Philadelphia for over 20 years. Our offices have been in North Philadelphia

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for most of that time. Okay, thank you. At this time, I'd also like to introduce our other client

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and for testimony, Max Silverstein.

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Mr. Silverstein, please unmute yourself. We'll wait for the chair.

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

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Yes, my name is Maxwell Silverstein.

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That's M-A-X-W-E-L-L-S-I-L-V-E-R-S-T-E-I-N.

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Hi, everybody.

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Hi.

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

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Yes, I do.

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Jennifer?

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Hi, Max.

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Will you accept my testimony as your own?

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Yes, I do.

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Thank you.

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Max, what's your relationship to this application?

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In partnership with John, I am part of the development team in the ownership group for

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this property planning to take title to it soon and develop an office building on site and then

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also in my capacity as head of property management at Equinox I will be managing the property upon

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its completion. And Max do you have experience in this field in the city of Philadelphia? Yes I do

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I've been developing and working for developers for quite some time now. At this time if the

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chairman and the board will permit I'd like for the client to provide some insight as to where

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we are in the application process and our experience with our registered community

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organization in the neighborhood. Max, you can start with this page and let me know when it's

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time to move. Yeah, absolutely. So Jennifer and John, thank you for the preliminary introduction.

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As you mentioned, the existing property is a small obsolete medical office building

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formerly attached to St. Agnes Hospital. The existing improvements are non-conforming to

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the existing zoning, which is RSA-5 for single-family, even though it's a medical office

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building. We are planning to demolish the existing structure, which you can see doesn't have the most

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curb appeal and isn't particularly functional on the inside. It's about half-occupied right now,

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and as Jennifer also noted, access is impaired. The ramp for ADA access in the rear isn't a code,

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and there's actually no comfortable access through the front on Broad Street.

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If you could flip to the next page, Jennifer.

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So our development plan, as you noted, is to build a new state-of-the-art five-story structure

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with approximately 49,400 total gross square feet, including a partial basement that will

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contain mechanical space, about 2,300 square feet of tenant and lobby space at grade.

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The remainder of the structure at grade will be home to 12 parking spaces that we are hosting on site, and we are attempting to meet the intent of the code through an agreement with our neighbors and the controlling or coordinating RCO with 35 spaces on the block in the large parking structure that is attached to Constitution Health Plaza.

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We're looking for just medical office use. This is a non-conforming use for the current zoning course, but medical office use matches the current non-conforming use.

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So, Jennifer, if you could flip to the next slide, please.

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So, as part of our entitlement process, we sought support from the community.

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We held a couple of public meetings with the coordinating RCO, South Broad Street Neighborhood Association.

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The primary feedback we received from SBSNA through those sort of community interaction

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processes were a concern over parking and also the concern over certain uses.

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and also the concern over certain uses. The neighborhood did not want to see our site used

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