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Hearing video

ZBA Hearing - March 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 24, 20215h 56m

Thank you. And, Lakeisha, we're ready, correct?

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No, we're going to have to wait three minutes.

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That's right. Sorry, I got ahead of myself again.

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Yeah, I do.

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Sorry, Lakeisha.

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You're fine.

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Thank you.

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like you can start, Chair. Thank you. Good morning, everyone. My name is Frank DiCicco. I'm the Chair

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of the Zoning Board of Adjustment. I'll be participating in today's hearing along with

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our Vice Chair, Ms. Carol Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas

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Holloman and Mr. James Snell. Board Administrator, Lakeisha Dandy, and Board Attorney, Ms. Sharon

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Saleta, are also in attendance. For those of you who haven't yet participated in one of our virtual

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hearings, I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to individual participants prior to their testimony. Second, we'd like to advise everyone

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that this proceeding is being recorded, and that by participating, you acknowledge your agreement

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to be recorded, and that the recording will be available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I will repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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And I would also like to remind everyone, please do not attempt to testify in the chat.

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Any comments should be directed to our board administrator, Ms. Lakeisha Dandy.

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With that, I will read off a list of requests for continuances or withdrawals on the 930 list.

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Case number one, MI 2020-003074.

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1200 Intrepid Avenue is being withdrawn.

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Number eight on our list, MI 2020-0030455513 Pemberton Street is continued. MI 2020-003043

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5423 Larchwood Avenue is being continued. If anyone disagrees with those cases that either

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been withdrawn or continued uh in error please raise your hand at this time only if you disagree

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with the cases that have just been read to be continued or withdrawn raise your hand at this

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time we have no handshare thank you is there anyone who would like to request a withdrawal

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or continuance for the 9 30 hearing list if so please raise your hand at this time

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we have mr sloan folks you mr folks good morning good morning chairman de chico and the zba board

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my name is sloan folks s-l-o-a-n-e f as in fire o-l-k-s office of councilman maria quiona

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sanchez from 508 city hall you swear and affirm to tell the truth the whole truth nothing but

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the truth? I do, sir. Thank you. Please proceed. I would like to request continuance on case number

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seven, MI-2020-001263, 3901 North Reese Street. As of this morning, we still have no record of

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um as of uh this morning we still have no record of there being a meeting with the uh

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there being a meeting with the

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our coordinating rco um okay let me check sharon we have no exhibits no exhibits and this is the

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second listing okay uh mi2020-001263-3901 north reese street my vote is to dismiss dismiss

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Dismissed.

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Dismissed.

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Dismissed.

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Dismissed.

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Dismissed.

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Hey, Mr. Folks.

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Thank you, Chairman Chico.

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Any other requests for continuances or withdrawals on the 930 list?

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Please raise your hand.

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We have Ms. Hillary.

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Ms. Hillary, you can unmute yourself.

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Good morning, Ms. Emerson.

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Please identify yourself and I'll square you in.

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Yes.

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good morning mr chair um members of the board hillary emerson on behalf of councilwoman cheryl

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parker another witness i'll swear i'll tell you the whole truth and nothing but the truth

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i do um i'm here on number 10 on the list 71 35 rising sun avenue um i i attempted

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to reach out to the applicant that heard from her early on um and case was continued back in

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december and then there were a couple of uh permits by right permits issued for the property

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in her name so i wasn't sure if she was still continuing with her request for the zoning

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um hearing or not but i have not heard back from her and i just wanted to see if

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she was on on the rco meeting has not occurred to my knowledge

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did we get any exhibits no exhibits no exhibits it's previously been listed

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yes mi 2020 that's zero zero one nine four four seven one three five rising sun avenue my vote

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is to dismiss dismiss dismiss dismiss dismiss i'm sorry can we just make sure that that person

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it's not here oh sorry about it is there anyone here anyone here for seven three seven one three

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five rising sun avenue thank you time

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mr daniel are you here for that case

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no i'm not

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okay no hands all right thank you anyone again if there's anyone who's requesting a continuance

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or withdrawal for the 9 30 list please raise your hand thank you mr chair

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mr daniel can i mute yourself and speak to a continuance

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good morning sir please identify yourself for the record first last name and spell your last name

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Daniel P. McElhatton, MC, capital E-L-H-A-T-T-O-N.

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I'm an attorney, 2000 Market Street, Philadelphia, PA 19103.

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And you swear and affirm to tell the truth, the whole truth, nothing but the truth.

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I do, sir.

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Thank you, Dan. Please proceed.

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I submitted to the council and to the administrator an email yesterday.

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My client, who is a protestant, this is on 428 West Thompson Street.

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it's at the end of today's 9 30 list we've had two extensive hearings on it um the end of last

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week my client received an email from the owner of the property uh indicating they were going to

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proceed by right and that they didn't want to put along the process i'm just trying to excuse me

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i'm sorry can i just ask that you call um leo mulvihill attorney leo mulvihill

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and promote him as well i believe um he may have a response to that mr mulvihill are you available

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i am all right please identify yourself i'll swear you win certainly this is leo mulvihill

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amazon michael ul v as in victor i h i l l address one four four one east oxford o x

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f as in frank o-r-d street philadelphia 19125 thank you swear in the front it's all the truth

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the whole truth nothing but the truth thank you thank you please proceed good morning members of

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the board mr mackleheadon's representation is correct i've had extensive discussions with my

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client and at the time this is going to be a withdrawal by the applicant to proceed by right

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with a different design. Okay, Mr. McElhatton, this case is being withdrawn. Thank you, sir.

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Thank you, Mr. Mulvihill. Thank you. So MI 2020-002-446-428-30 West Thompson Street is withdrawn.

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428-30 West Thompson Street is withdrawn. Any other requests?

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We have a Mr. Goodman. Mr. Goodman, you can unmute yourself.

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Good morning. Good morning, Mr. Goodman. Please identify yourself and I'll swear you in.

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Thank you. Andrew Goodman, A-N-D-R-E-W-G-O-O-D-M-A-N, here representing the Office of

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third district council member, Jamie Gaudier.

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You swear and affirm to tell the truth,

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the whole truth, nothing but the truth.

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Yes, I do.

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Please proceed.

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Thank you.

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Here to request a continuance for what I believe is

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agenda item number 11 on your agendas.

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MI 2020-003087-800 South 60th Street.

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Our office has no record of an RCO meeting taking place.

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Thank you.

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And Sharon, we don't have any exhibits either, correct?

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No exhibits. It's the first listing.

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And there was no RCO meeting, Mr. Goodman?

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Not to our knowledge, no.

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This could be a dismissal, couldn't it?

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Usually it's the first listing. It would be a continuance.

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Okay. All right. MI 2020-003-087, 800 South 60th Street.

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that 6-0 street is continued if you'd like you can make this a must be heard sorry continued

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must be heard thank you you're welcome i just wanted to make sure we to ensure that there was

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no one here for that as the applicant is there anyone here for 800 north i'm sorry 800 south

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60th street aside from mr goodman no hands chair thank you anyone else requesting a

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continuance or withdrawal for the 9 30 list no more hands chair okay uh that leads us to the

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add-ons. Oh, I'm sorry. We have a Ms. Blunt. Ms. Blunt? Ms. Catherine. Good morning, everyone. I'm

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calling regarding 5513 Pemberton. Will that continue? Yes, one second, ma'am. Please identify

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yourself for the record. Yes, my name is Catherine Blunt. I am the co-chair of the 46th Ward RCO.

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And your last name is, how do you spell your last name?

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Yes, B-L-U-N-T.

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

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I do swear.

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Thank you.

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And what you're calling about 5513 Pemberton Street?

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Yes.

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That case is continued.

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Thank you very much.

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Thank you, ma'am.

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Have a good day.

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You do likewise.

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Any other requests?

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no more handshare okay thank you we'll go to the add-on list mi2020-002477

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1624 north 26th street my vote is no my vote is no my vote is no my vote is no

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By 2020, that's 0003401530 West Champulse Avenue. There's a request for reconsideration.

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There's also a letter from Councilwoman Bass in support of a reconsideration. So my vote is yes

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to reconsideration and rehearing. Yes to reconsideration and rehearing. Yes to reconsideration

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and re-hearing. Yes to reconsideration and re-hearing. Yes to reconsideration and re-hearing.

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Thank you. Hold on, Thompson is done. Sharon, do we now go to, we hear the

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case for 3948-50 West Gerrard, correct? That's correct.

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Okay, so we'll hear a testimony on MI 2020-002-482-3948-50 West Girard Avenue.

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I understand there's some revised plans, but whoever's presenting, please raise your hand now.

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Good morning, Mr. Chairman, members of the board, Adam Lieber of Blancroam.

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I'm glad you're swearing to tell the truth, the whole truth, nothing but the truth.

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i do mr chairman please proceed thank you adam laver of blank rome one logan square

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on behalf of david goldstein the owner of 3948-50 west gerrard avenue and 3962 west gerrard avenue

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and 39 62 west gerrard avenue members of the board a full hearing in this single issue special

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members of

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exception takeout use case was held on february 17th of this year at that time revised proviso

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plans were presented which took into consideration certain community feedback that had been shared

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in an initial community meeting. At the February hearing, representatives of Centennial Parkside

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Community Development Corporation, the coordinating RCO in this matter, appeared and expressed

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opposition, unfortunately, to the proposed takeout restaurant with accessory drive-thru.

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At the hearing in February, support from individual neighbors was also entered into the record.

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The board permitted us to return to the RCO and the community in an effort at further

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dialogue, which we appreciated.

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A virtual community meeting was held on Thursday evening, March the 4th.

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At the meeting, Centennial Parkside CDC Zoning Committee Chairwoman Lorraine Gomez turned

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the floor over to Sergeant Jihad Ali.

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Sergeant Ali ran the meeting.

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Concerns were raised at the meeting about, quote, bringing different types of people into the neighborhood, end quote.

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Regrettably, the RCO's position was conveyed to me, and I appreciated the frankness, that there's a fundamental opposition to the proposed use before the board.

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And so where we had hoped to engage in some dialogue about potential changes that could be made to serve everyone's interests, that wasn't a possibility.

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And we respect that.

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Girard Avenue, as the board knows, is a major arterial roadway.

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In some ways, it's an east-west version of our north-south Broad Street.

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And a request was made at the community meeting from my client, David, who's with us today to engage a traffic study to offer a traffic engineer to offer professional guidance and possibly recommendations concerning the subject location at 40th and Gerrard Avenue.

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Gerrard Avenue is a significant right of way with traffic challenges with or without the proposed use.

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We engaged Kevin Savage, a registered professional engineer with Dynamic Traffic, who worked expeditiously to perform a full traffic study at this location, resulting in the issuance of a transportation impact assessment and recommendations, which became available yesterday, which we've shared with the board.

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We are prepared to share these findings with the board and the community at this time.

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Before moving to that I'd like to screen share briefly however and just go

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over some background. Here you see where the hand sign is the subject property at

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40th and Girard. You also can see four lanes of traffic on Girard with the

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trolley at the center. You see the School of the Futures large campus across the

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Street which houses the school and we also learned that the community meeting

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houses church worship services at other times here to the right of our site where

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hopefully you can see the hand is a former synagogue which is actually

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interesting a bit of L&I history it's still registered as a synagogue use of

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course that carries through to the church that occupies it now the revival center the revival

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center also earns some owns some vacant land next to the church and there's vacant land along this

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entire block unfortunately pockets of vacant land across 40th street from our subject property at

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the corner, you'll see in a moment, is a cell phone store, a nightclub, and a Chinese takeout

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restaurant. Here are some additional photographs. And here you see the Chinese takeout restaurant,

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the nightclub, and I said a cell phone. It's a cell phone and dollar plus store. And here

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in the background is our subject property. Of course, we're here before the board for

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special exception relief. It should be noted that Golden Dragon and Encore are non-conforming

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and that they would require special exception relief as well. Here is the subject property

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in its former use. It was an eat-in and take-out restaurant, Spiro's Corner Restaurant,

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It was a eat-in and take-out restaurant, Spiro's Corner Restaurant, beloved by some in the community.

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And you'll see the signage of that restaurant showed delivery, pickup, and clearly it was in the style of the diner.

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Here is our notice of referral just to refresh the board's recollection.

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The proposed take-out restaurant is a special exception to the ZBA, one referral.

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And the board previously saw, and these were entered into the record, the proposed upgrading of David's property, nine apartments above which are permitted by right.

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The main corner section of the property is a larger commercial space for uses as permitted in the district.

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We've had difficulty leasing that space as we have for the smaller proposed takeout as well.

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A couple more images, and here you see the proposed revised plan that had been shared

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