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Hearing video

ZBA Hearing - August 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 28, 20245h 58m

You have a ramp going into that first floor.

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Is it as you're proposing that first floor to be handicap accessible or that was an artist flourish?

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It may in fact be if if in fact the tenant ends up being in need of ADA compliance, my client is willing to put it in there.

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The questions from the board.

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Questions or comments from our attorney, Hillary Emerson.

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Not at this time, Mr.

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Questions or comments from the virtual audience?

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Chair, I see no hands at this time.

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Planning Commission.

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Good morning.

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Dan Powers with the City Planning Commission.

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The comprehensive plan recommends changing the zoning at this location from CMX 2 to RSA 5.

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The maximum of two dwelling units are permitted for lots less than 1,440 feet in CMX 2 districts.

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not providing a commercial ground floor conforms with the comprehensive plan recommendation

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the city planning commission recommends that the board grant the variance

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emitting ground floor commercial with the proviso limiting the unit count to two

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council you want to respond it's a three-story structure mr chair on a corner in order to

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bring it down to two units we'd have to actually make the property the smallest property on the

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block. It doesn't make any sense. Otherwise, if it were three-story, these would be five-bedroom

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units. Again, unmarketable, make no sense, and inconsistent with all the other multifamilies on

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the block. What we're offering is one unit per floor, two and three-bedroom units, exactly what

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the neighbors are looking for. Okay, so MI 2024-002-291.

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Okay, so MI 2024-002-291-2424 West Thompson Street. I vote yes with Proviso. Maximum three units.

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Michael Johns, my vote is yes with Proviso.

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Gerald Gaston, my vote is yes with Proviso.

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Taneta Graham, my vote is yes with Proviso.

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Tyia Nguyen, my vote is yes with Proviso.

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James Snell, my vote is yes with Proviso.

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Ishmael Shaheed

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Thank you counsel

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Thank you

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Just to clarify Mr. Shaheed is recused from this matter

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Sorry about that

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Okay that's okay

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Thank you

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He had it

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The counsel had his voice

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Thank you very much

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Is there anyone in the virtual audience

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Whose 930 case has not been called

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I see no hands chair

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Alright thanks everyone

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got a lot of cases on that 10 in a row was okay so see everybody 2 p.m thank you yes sir thank you

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thank you chair

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good afternoon everyone my name is bill bergman and i will be chairing this afternoon's eba hearings

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our vice chair ismail shaheed should be on shortly board member james snell present mr chairman

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Our board member, Shel L. Gaston.

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Present, Mr. Chairman.

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Our board member, Tanetta Graham.

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Present, Mr. Chairman.

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Our board member, Michael Johns.

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Present, Mr. Chairman.

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And our board member, Taya Wynn.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and Kathleen Grady, our deputy director for planning and zoning.

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Here's our virtual format.

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The proceedings are being recorded.

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When you participate, you agree to be recorded.

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The video will be available by contacting Kathleen.Grady at phil.gov.

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For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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200 appearance statement call 267-270-5548. Leave your email and the address of the property

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question. And finally, the question answer box on the screen is not for comments or testimony.

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All comments and testimony she directed to our Executive Director, Kathleen Gray.

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Let's look at our schedule for this, Hampton.

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Number two, MI 2024, 000901, 2337 South 13th Street.

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That case is continued.

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Number seven.

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MI 2024, 003, 871, 3214 West York Street.

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case is continued attorney moving party and number 10

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mi 2024 003 927 5344 ray street that case has been continued are there any other requests for

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continuances good afternoon chair this is jevette benton i'll be your co-host for this afternoon

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We have Alan Nockamson with their hand up.

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

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Mr. Nockamson, you've already been sworn.

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Just state your name for the record.

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Alan Nockamson.

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And Mr. Nockamson, is it 27th Street?

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No, it's 2337 South 13th Street, Mr. Chair.

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You indicated we requested continuance, but we actually asked it as moving party.

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Oh, I'm sorry.

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Okay, thank you.

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So MI 2024-000-901-2337 South 13th Street, cases continued, attorney moving party.

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Thank you, Mr. Nockerson.

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Thank you.

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Any other requests for continuances?

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i see no hands it's just a moment chair we have a phone number ending at three five five two

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caller please unmute yourself and wait for the chair

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

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yes adrian fernandez my last name is spelled f-e-r-n-a-n-d-e-z

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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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yes what case adrian um 20

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What case, Adrienne?

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2122 West Estelf Street, and I am requesting a continuance.

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We received an email, all the affected RCOs received an email from the applicant's attorney, Vern Anastasio, and also from Allegheny West Foundation, who's going to hold the meeting.

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And the meeting will be on September 17th.

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So we're not prepared today.

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So just so you know, I was just getting I was just getting your that's twenty one, twenty two West Astor Astor Street.

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Astor Street, yeah. Yeah. So I was just getting ready to call Mr. Anastasio up.

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So why don't I call him Vern, Mr. Anastasio.

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Mr. Anastasio has been allowed to speak, sir.

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Mr. Anastasio, you've already you've already been sworn to just state your name.

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Good afternoon, Mr. Chair, Vern Anastasio.

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Could you give me your update for 21-22?

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Yep. I represent BK Partners with this project, and we are returning to the RCO, as I believe Adrian testified.

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And therefore, I would request a continuance.

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Okay, thank you. Adrienne, you're okay with that, right?

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Yes.

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Okay, thank you. So, MI2023, 006953, 2122 West Astow Street, the case is continued. Mr. Anastasio, would you please stay on?

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Number three, MI 2024-001-169-10914, Nagina Court.

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Mr. Anastasio, you're the attorney.

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This is the third listing.

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Could you give us an update?

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Yes, Mr. Chair.

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We are working through this application to tweak it per the feedback from the RCO.

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I do ask for one final continuance.

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Attorney moving party, please.

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Thank you. MI 2024-001-169-10914, Nandina Court, Cases Continued, Attorney Moving Party. Thank you, sir.

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I'm going to go to our add-on list here.

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Number one, MI 2024-001-985-3327-35B Street.

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Resumptive hearing in this matter will be scheduled once the applicant obtains an amended refusal from L&I that includes both uses that are being requested.

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Number two, MI 2024-003-578-1401-North Delaware Avenue.

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Head vote, yes, with provisos.

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Per amended refusal dated 5-28-24, revised plans, two pages, stamped by ZBA on August 28, 2024,

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temporary variance that will expire 9-1-29, and the temporary parcel address for this property

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is 1448 Beach Street, T-177676.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tynetta Graham, my vote is yes with proviso.

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Tyia Nguyen, my vote is yes with proviso.

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James Snell, my vote is yes, but proviso.

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Number three, MI 2023-001-286-152-58 West Logan Street.

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That case will be voted on in a short period of time when Mr. Ishmael Shahid is here.

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Let's start with number eight.

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MI 2024-003-915, 4040 Walnut Street.

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Ronald Patterson is the attorney.

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There, Mr. Patterson is coming back in as a panelist now.

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good afternoon good afternoon mr patterson could you state your name is spelled for the court

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sonographer good afternoon ronald patterson r-o-n-a-l-d p-a-t-t-e-r-s-o-n with claire

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harrison law firm philadelphia pennsylvania you swear a firm to tell the truth the whole truth

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nothing but the truth yes i do could you identify your client and relationship to the property

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Sure. My client, the owner of the property is Simon Associates, LP. It's an entity owned by Campus Apartments.

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Sure. My client, the owner of the property is Simon Associates, LP. It's an entity.

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You stipulate to the reading of the refusal, and are you agreeing with the accuracy of the refusal?

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Yes, I am.

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Okay. And all your documents have been in within five days prior?

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Yes, they were, Mr. Chairman.

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Please share your screen and begin.

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Thank you.

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okay there's a letter of non-opposition from spruce hill spruce hill community association

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okay thank you you can view my aerial photograph we can sir yep okay thank you uh so um to begin

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with in uh 2023 uh we obtained a by right zoning permit for this property it consists of 4040

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through 4050 walnut street this is 41st street this is wall street there was existing parking

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out here this building that i have the green x through was demolished as part of that application

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and that's the current condition uh and with the uh the demolition there was

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It's a request and a zoning permit issued by Wright to construct an 11 story structure, having ground floor commercial with a ground level parking garage enclosed, having 22 spaces and floors number two was opposed for office and floors three through 12 was approved for 134 single family residential dwelling units.

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And I'd like to show you that rendering.

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So this is the approved plan and the building that was proposed.

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So for reasons that I'll ask Mr. John Chopp, C-H-O-P-P, who will be my first witness to

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elaborate on, the project start has been delayed.

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and hence during that delay campus wanted to have an interim use in which the interim use proposed

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here today is for a non-accessory parking lot at the corner which would include the paved area and

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the gravel area that i showed you here in the earlier photograph uh it's basically a small

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expansion of the existing lot with a reconfiguration so because the zoning permit was issued as a

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matter of right there needs to be a means to obtain a zoning permit without terminating this

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existing permit for uh the multi-use project and fortunately uh this application is being

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a special exception application is before the zoning board which has the right and the power

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to craft the temporary approval and that's why we're here today so this property is located in

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cmx3 a commercial zoning district that allows the surface parking lot by special exception approval

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and we propose again the expansion reconfiguration of parking

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plot that would therefore create 33 33 spaces we did our best to create uh buffer areas around

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the parking lot along here exists a brick masonry fence we're proposing a seven foot wide

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A green area here, a five-foot wide green area here with hedges that I've noted in dark.

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Some hedges over here that shield this HVAC area from 4040 Walnut, and the rest of the

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dotted area is green space.

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We did meet with the Spruce Hill Zoic Association.

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They support the application.

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We also submitted the plans, of course, to the streets department, which approved the

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location of the the curb cut here uh the uh maneuvers in and out of the property as well as

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the parking lot configuration so with that said i'd like to promote john chop as a witness here

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good afternoon sir could you please unmute yourself and wait for the chair

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could you please state your name and spell for the court stenographer

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Jonathan Chopp, J-O-N-A-T-H-A-N-C-H-O-P-P is the last name, and I'm with Campus Apartments.

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We're referring to tell the truth, the whole truth, and nothing but the truth.

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Yes.

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Please proceed, Councilman.

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Thank you.

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john could you please tell the board uh your position with campus apartments

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John, could you please tell the board your position with Campus Apartments?

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i'm vice president of development and you've heard my presentation so far and would you

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I'm vice...

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agree it's true and correct and would adopt it as if it were your own yes great thank you so i

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referenced the 2023 zoning permit by right approval project and that there was a delay

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in a project could you elaborate on that uh yes we're just um pausing the uh development

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larger development at this time due to general economic conditions um not unique to us i don't

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think and in the meantime or in the interim we'd like to be able to use the lot for um parking

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okay and frankly clean it up a bit um as to what you're seeing now in the pictures on the screen

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From what you're seeing on the screen. Yep. And.

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John, we mentioned interim parking. That's that's what we're here for today, correct?

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