civus
Hearing video

ZBA Hearing - March 24, 2021

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

floor plan b exhibit so you can just speak to it i think that's what you're getting at tanya am i

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I think that's what

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correct yes if i could suggest mr um green if you could just speak very simply about what your

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project is for therefore you can go forward and get a decision today if not we are continuing

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until august so i was trying to not get you caught up too much okay okay well if it's your wishes we

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can do that okay do that i think this is going to be an easy one uh i think yeah uh we can get

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through that all right you're green i think he's already been sworn in yes okay present your case

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please okay uh again um um i'm an athlete i'm not pretty i'm not the best at this i'll give it a

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shot. Again, my mother lives 2118. It's a PHA building, and she's pretty much renting. I saw

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an opportunity to buy the house right next door to her, which is 2116 North 20th Street. It's

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pretty much the same build. There's a duplex, which she'll be occupying herself, whichever

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the floor she desires. And the other unit would be for rent. I mean, I'm not doing anything.

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The building, I believe, is multi-family. It's single family, but I wanted to just change

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it to multi-family, which is pretty much the same thing on every house on the block.

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Can I interrupt you? You've met with the RCO.

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Yes, Mrs. Judith. Yes, I have met with her.

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And you have a letter of support?

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Yes, I believe so. It should be. He literally just emailed me everything.

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I'm gonna try to go through this.

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This is Sharon. There is a letter of support. It should be included in the documents that I

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forwarded to you. All right, hold on. Hold on one second, Mr. Green.

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the other board members have all the board members been able to look at the

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exhibits I'm looking at the I'm looking at the floor plans now Mr. Chairman okay so I'll give

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you some time Tom see if you have any questions I'm okay you're okay anybody else have any other

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board members have I'm okay with it no I'm okay okay is there anyone else who would like to

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testify in this case please raise your hand no hands chair thank you planning commission

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here may i ask for a clarification oh yes why don't you state your full name please

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Ariel DiLiberto, A-R-I-E-L, D as in dog, I-L-I, B as in boy, E-R-T as in Tony, O.

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

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I do.

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Okay, please proceed.

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Chair, my question was, I thought I heard the applicant state that this has, is an existing duplex, and I just wanted to clarify that.

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No, it's not an existing duplex.

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It's a single family, but everything else on the block pretty much.

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I think you said your mom lives in a duplex.

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Is that correct?

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Directly next door.

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Yes, sir.

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Next door.

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Right.

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Thank you.

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May I proceed with my recommendation?

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Yes, please.

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So again, this is Ariel DiAlberto with the Planning Commission.

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In 2014, the zoning map was amended from RM1 to RSA5 at this location in accord with recommendations

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from the comprehensive plan and with the support of the community we don't believe that the applicant

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has demonstrated the development is restricted by unique physical circumstances or conditions

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of the property and that the proposed variance is not necessary to enable viable economic use

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so the city planning commission recommends the board deny the variance recommends

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that the board deny the variance

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All right. And your mom lives next door, you said, and it's a PHA property, multifamily, correct?

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I actually, yes, I actually purchased her. The 2116 was PHA also. I actually purchased it from PHA.

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Okay. Thank you. MI 2020-000742-2116 North 20th Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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my vote is yes

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my vote is yes

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thank you and we go to number 13 colonel

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yep calendar number 3075

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924 west gerard avenue

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bern anastasio is the attorney

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letter of support from the 14th ward executive committee

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yes

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Yes.

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Thank you.

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Mr. Anastasio is still on the room.

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Mr. Anastasio?

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Okay.

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Do you agree to name and address for the record?

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Unmute yourself if you have to.

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I think I'm already on, but I'm already on the record,

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but it's a Vern Anastasio, 1315 Walnut, Suite 1006,

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19107 representing child's memorial baptist church i agree to everything do you agree

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to wait the reading of the refusal and stipulate to its accuracy yes have you emailed the packet

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with proof of ownership tax compliance refusal referral photos and or plans of the property

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five days in advance of this hearing and have you met with the rco and do you have a letter

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yes yes and yes okay you may you may proceed thank you i'm going to share my screen thank you

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members of the board mr chairman this application is for 52

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accessory parking spaces to an existing house of worship on an existing lot

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and quickly

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I met with the 14th Ward RCO Executive Committee, and I think they support the project.

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I'm sorry, I got distracted for a minute.

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The applicant is a church, and these are their words, which has been serving the immediate community for over 80 years and has the highest respect of the close and nearby neighbors.

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granting the variances will not have an adverse impact on the immediate or surrounding neighborhoods

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but the application is also for signage and i'll go through those plans it appears that the closest

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residents of the proposed project will not have any direct view of the sign from their home the

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variances won't alter the characteristics of the immediate neighborhood thank you planning commission

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This is Ariel Alberto, excuse me, with the Philadelphia City Planning Commission.

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Please hold on one second while I bring up our recommendation.

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Okay, the comprehensive plan recommends no change to the existing

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CMX 2.5 zoning at this location. The stated purpose of CMX 2.5 zoning district

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is to accommodate active commercial and mixed-use development, including pedestrian-friendly retail

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and service uses in commercial nodes and along commercial corridors. The development standards

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are intended to promote a pedestrian-oriented environment. This proposed set of variances,

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which would allow a large surface parking lot and a highway-style animated sign,

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plainly conflict with this purpose. We believe that the applicant has not demonstrated

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a hardship for the parking use refusal. This is a very large lot that has no apparent unique

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physical circumstances that would impair the applicant's ability to develop with a permitted use.

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There are also refusals for parking lot landscaping and parking lot standards for

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dry vial width. Again, given the generous size of this lot and the lack of any obvious adverse

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physical conditions, we find that the requirements of the zoning code do not place an unnecessary

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hardship on the owner. The applicant has also failed to demonstrate why the prohibition

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on animated illuminated signs represents an unnecessary hardship. Given that the applicant

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has not demonstrated hardship and a clear conflict with the purpose of the zoning code the planning

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commission recommends that the board deny these variances mr chair just for the record the

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landscaping was uh specifically requested to not be included uh it is the experience of many folks

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in in various neighborhoods outside of center city that the landscaping becomes a trap for

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litter and trash uh and it was specifically requested that that not be the case here

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With respect to the sign, this is a sign that every neighbor who lives around this particular property embraces the sign, embraces this church, embraces the use as a lot, especially so that it eases parking crunches that may occur at times.

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we hear that all the time from folks so with that i understand uh the planning commission's position

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but it's counter to the will and to the desire of the people who live there so with that rest thank

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you uh misty liberta is only doing her job mi 2020 that's zero zero three zero seven five

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924 West Gerrard Avenue my vote is yes my vote is yes my vote is yes my vote is yes

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my vote is yes thank you all thank you so now we go back to

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my vote is yes thank you all thank you so now we go back to mr laver

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and that is three on the add-on list

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calendar number 2482 3948-50 west gerrard avenue

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is mr laver here

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Mr. Laver, we're back on.

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Yes, good afternoon, Mr. Chairman,

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Mrs. Tenere, members of the board.

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Mr. Laver, it's been brought to the board's attention

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that you've not received a from the streets department approval for curb cut is that accurate

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there is no approval needed for a curb cut on along gerard avenue since we have revised the plans

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to keep the existing curb cut as is i agree that if we had proceeded with our original plan

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that further approval wouldn't have been needed.

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It's academic, but I wouldn't concede

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that I would have been denied.

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I did see an email regarding that option,

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which is not being pursued, Mr. Chairman.

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So we left off.

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Refresh our memory, my memory anyway.

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we're waiting for some material from mr goodman yes mr goodman had asked for the opportunity to

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submit some additional documentation perhaps miss saletta would like to speak to that

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um chair i did forward it mr goodman did email to me and i forwarded it to the board members

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if you're able to open that um perhaps we should promote mr goodman too if he's here

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He's here. Please raise your hand, Mr. Goodman.

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He's coming in now and as a panelist.

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Can you hear and see me? Yes, yes. Thank you again and you're still on their oath.

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Looking at your letter. I guess all the board members have,

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I don't know if you had an opportunity yet to read the letter that Mr. Goodman submitted.

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Sharon, do you have anything that we need to know before we continue?

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No, as long as you've had an opportunity to review it, and I think Mr.

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Labor has explained the issue with Streets Department approval of the curb cut.

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Mr. Goodman, did you hear Mr. Labor's explanation?

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i did yes i mean i just respectfully i defer to the expertise of the city agencies and so

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i still would encourage the board to review the correspondence that we had

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with the office of transportation regarding the gerrard avenue driveway specifically

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labor any comment mr chairman um we haven't had the streets department appear before the

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board. However, I would say this, that the original application as submitted called for a different

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design. The design changed in response to the community concerns. If the board is inclined to

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grant the requested relief and the streets department determines that in its independent

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and separate judgment that there is an issue, then we will address that separately with the streets

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department i don't believe that there is an issue since the plan has been revised and we have revised

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proviso plans that we've shared with the board don't know that until you that that the discussion

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takes place correct with the streets department well go ahead this is sharon celete if indeed

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that were to happen then it would not go forward i mean mr labor's client would be proceeding at

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their own risk. If the streets department were to deny it, then they would either have

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to work with the streets department or they would have to come back here if the design

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changes.

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Any questions from the board? No, not at all. No. I believe I did ask the

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no not at all no i believe i did ask the planning commission earlier uh correct me if i'm wrong and

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if you have not yet testified please testify now uh ian hegarty for the planning commission we did

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enter our testimony happy to recap if you'd like but we did enter it yeah just if you don't mind

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from my from my edification just absolutely sir ian hegarty for the philadelphia city planning

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Commission. We believe the grant of a special exception will cause detrimental impacts here,

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including congestion on Girard Avenue, but more importantly, inconsistency with the comprehensive

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plan and the zoning code, which support pedestrian-friendly commercial corridors in

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area zone CMX2. Because of the property's location, these impacts would be beyond that which might

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normally be expected from the proposed use, which is the standard in the code. These two

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illustrative examples that were presented by council on Girard and on Broad Street demonstrate

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the reason that the code contains a special exception review for neighborhood commercial

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zoning districts for drive-throughs. They create an unwelcome environment and a dangerous

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environment for pedestrians. We are recommending that the board deny the special exception.

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Okay, thank you.

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Sorry about this.

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It's okay. Any follow-up by any questions from the board?

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no no all right it's an interesting case to say the least thank you for me MI 2020-002-482-3948-50

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West Gerrard Avenue my vote is no my vote is yes with the revised plans

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two pages sorry yes for proviso yes for proviso yes with proviso

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thank you thank you that concludes the uh 11 30 i mean the 9 30 list

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is that correct it sure does any unfinished business for the 9 30 list

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the midnight buffet will begin in five minutes

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not this week okay thank you we'll see everybody back at two o'clock again

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good afternoon I'm sorry do we need some time Tonya Lakeisha no chair we're ready to go

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already okay good afternoon everyone my name is Frank DiCicco I'm the chair of the zoning board

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of Adjustment. I'll be participating in today's hearing along with our Vice Chair, Ms. Carol

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Tenere, our Board Secretary, Mr. Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr.

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James Snow, Board Administrator Lakeisha Dandy, and Board Attorney Ms. Sharon Saleta are also

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

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i'll go through some of the basics of what you can expect

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pardon me first we will be administering oaths to individual participants prior to their testimony

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second we'd like to advise everyone that this proceeding is being recorded and that by

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participating you acknowledge your agreement to be recorded and the recording will be available

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to the public on the web or otherwise third for anyone participating by phone if you wish to

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testify you must raise your hand by hitting star nine and then star six to

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unmute yourself. I'll repeat for anyone participating by phone if you wish to

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testify you must raise your hand by hitting star nine and then star six to

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unmute yourself. Finally to enter an appearance statement call Google 267-270-5548

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5548 and leave your email address and the address of the property at issue i'll repeat that as well

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