civus
Hearing video

ZBA Hearing - April 29, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 29, 20266h 24m

It's not a drive through and as you would traditionally imagine a drive through to be like a Wendy's or a Chick-fil-a where I could just pull up and the menu boards there and I can order a dispensary product.

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It's it. This is online orders as if you were coming to the site.

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You have to place the order with your medical marijuana card.

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It would allow a user if I were going to pick up my my order to not have to get out of my car, allow better privacy, maybe even better security, right?

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I can just I don't have to walk into the building.

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um and and also overall security is better with now better security around the perimeter of the

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building um not that we've ever had a security issue but it's just an enhancement on the site

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as it is um so again just to confirm the drive-through component is there for customer

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convenience it's for customers it's for patients it's not for the general public i can't just pull

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it's not for the general public i can't just pull off the street and access it um i also i have with

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off the street and access it um i also i have

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me today mr joyce bobby joyce from truly that can testify along with our civil engineer mark

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de monte who can also testify to some of the additional site improvements that we believe

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is a justification for this better landscaping better site circulation um a better site layout

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improved all over overall site utilization um so i know this is a little unique in the sense that

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we're not asking the board for a new deviation from the code um the only request is to continue

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to use a already vetted use in the in the community just with an enhanced and superior design.

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We did meet and discuss this with Veterans Stadium Civic Association. I do have a letter of

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non-opposition as the chair noted from Veterans Stadium Civic and just I you know the property's

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been posted for the hearing and we are happy to answer any questions you might have. I'd ask Mr.

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Joyce to come forward. So why don't we have, we'll bring Mr. Joyce on. You can have the

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testimony adopted. Yep. As far as the improvements, we'll let him wait there in case

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there's questions. That's fine. Why don't you come up? No, Mr. Joyce.

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I didn't wait to be sworn. Sir, could you please state your name as fellow photo stenographer?

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Bobby Joyce, B-O-B-B-Y-J-O-Y-C-E. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? Yes, sir. Counsel? Mr. Joyce, what's your title? What's

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director of construction and you're authorized to be here today to testify on behalf of the company

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that's correct okay did you hear the testimony offered to the board just now i did would you

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adopt and affirm that testimony as if your own yes okay we are happy to answer any questions

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questions from the board yes do you have a site plan that shows sort of the overall

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drive through uh and the road and have you already gone through streets department approval

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this is the site

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this is the site plan that we have

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to offer

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can you zoom in

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so that it's just the site plan

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could you please state your name

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and spell it for the stenographer

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Mark DeMonte

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M-A-R-K-D-I-M-O-N-T-E

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do you swear or affirm

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to tell the truth, told the truth, not to quit the truth

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I do

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Council. Mark, did you hear? Are you done here? Would you like Mark to adopt my testimony? Did you hear the testimony I gave to the board just now? I did. And would you adopt and affirm that testimonies for your own? Yes. And in response to board member Wynn's question, do we have streets approval for this project? We do. Yep.

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And then I just have a question because it looked like on the floor plan that you have an area where the trucks can do deliveries where they pull right into, it looks like a garage door, and it looks like it's on the same avenue or the same accessory line as the drive-through.

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So what's the plan if you have a truck and people in line at the same time?

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How is that flow of traffic going to be managed?

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Yep, that's a good question.

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planned right now just plan south of where that garage is you're gonna see

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some striping just plan south of where that car is so the idea is that the

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truck will actually not access the parking garage there through the actual

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drive-through lane it's gonna be accessing it through the lane that's

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just south of the drive-through lane so the idea is that at any given time the

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truck will be able to come and make that turn and come in and it's a small truck

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that'll be doing the deliveries the idea here what as well is that the actual

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pull in for the truck will be a fairly quick operation so the idea is that the person going

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at the drive-through will just yield to the truck if it happens at the same time cars are stopping

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at the end of the stripes so the stripe is painted and then there's a looks like there's a median

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though like there is a physical elevated barrier that's concrete i'm assuming correct we have a

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physical barrier right there between the bypass and the drive-through okay and then um second

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question is just because i my office is next to a true leave and i know you guys in the center

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city locations have all the windows blacked out like they're covered with a film is the plan to

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do that here because i know like it has caused some like just what it does to the sidewalk in

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terms of visibility i understand why you all do it but um it sort of blacks out the sidewalk which

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kind of kills visibility as a walking experience this is a slightly different setup though yes we

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will have film on that and that's per the DOH requirements and also on the

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deliveries. DOH requires it to be 100% opaque? It varies from

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municipality to municipality. Got it. Okay. But on the drive-thru, we have several other

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drive-thrus and on our drive-thrus we deliver in off hours. Okay. And then just

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because i think this is the first drive-through in our region right what is the typical sort of

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traffic that you see at some of the other ones that you've had

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like how long does the line i'm thinking just like in philadelphia and we got lines like when

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like how long does the line i'm thinking just like in philadelphia and we got lines like

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the chick-fil-a line or it's not compared to chick-fil-a that's the only other drive through

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i think i said chick-fil-a first so i i think it's a lot of questioning didn't i go ahead

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um the lines it's it's really unless there's a a special event and we get quite a bit of notice

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on that you're not going to see it really backing up and into the street we've got several in ohio

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we've got another one a couple here and uh pennsylvania um and we found that if it's like

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4 20 that's kind of like our black friday um you'll see you know all the big sales and everything

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else on that but for the most part we kind of notify you know the patients the neighbors and

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everywhere else we're at to give them notice that there's going to be a lot of people coming in

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Okay, I have a question just regarding pedestrian access and how they would navigate the site.

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So can you point out the entryway and tell me how a pedestrian could navigate if they're

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parking in their parking lot or just coming to the site to pick up?

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You want to show them how they're going to do this?

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Mike, you know, it actually might be better.

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Yeah, let Mark drive.

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Let me do this.

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The floor plan might be a little easier, Mark, if you want to.

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Yes, the floor plan will go up.

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So the main entrance is going to be located on the land northwest corner here,

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or upper left-hand corner, which is the northwest corner of the site.

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And the main access will be right here on the left side of the site.

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So if I go down to the actual site plan, up, I think, up right here, to answer your question, the main entrance will be right here for the pedestrians.

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So we chose this location because, number one, it gave us a reasonably close connection to get to the right-of-way, as well as where the ADA spots will be.

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So we're expecting most of the parking will be in this general lot right here.

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These are quick orders.

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You come in, you grab it, you go out pretty fast.

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So the idea is that any parking out here is more for overflow.

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So most people access just through here.

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And then those that are parked out here will access via this depressed curb and will go right across the sidewalk and access the main entrance here.

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I think the question is, too, though, how does a pedestrian that's not driving get to the front?

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I don't see other than the strike that striped area, which is across from the handicap parking space. Is that the is that your intended walking area?

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Yep. So we have, if I'm understanding your question correctly, there's an existing sidewalk up here. So should someone be coming from the sidewalk?

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We have a access connection point right here. It's a little bit hidden because of the site triangle where my cursor is.

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and but this right here is a sidewalk with the technical warning strips that cuts across the

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access aisle through the ADA parking and then from here is where we have the connection point

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where they can then safely walk right into the building nobody's going to do that let's be real

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nobody's nobody's going to walk down across the handicapped parking space back to the back

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past the drive aisle back up to the to the doorway I mean it makes more sense to have it on the other

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side right doesn't that kind of make more sense that you come out the door you make a right and

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you go right out to the pavement yeah that's fair i agree thanks board member john says what i'm

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talking about i do have one other quick hat what are the hours of operation for the whole facility

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and the drive-through if they're separate uh subject to mr joyce overriding me it's nine

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nine to eight monday through friday nine to six on the weekends for the whole everything so the

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drive-thru is only open when the whole facility is open correct any other questions yes um and

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how many employees are we going to have and are they going to be used in the parking spaces too

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or how is that going to work i'm sorry we currently have 10 10 employees there now

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okay all right and is there a need for um hazardous waste disposal or anything with this

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um not not sure just no because this is finished product that we have there

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okay all right thank you questions from our attorney um just one question because i noticed

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in some of the drawings there was signage is that being done through a separate application

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that's correct okay thank you questions or comments from the virtual audience

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i do not see any hands mr chair any commission

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may be board for the planning commission the comprehensive plan recommends no change in

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the comprehensive plan recommends no change in zoning at this location from the current i2

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zoning at this location from the current i2

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medium industrial the proposed use is consistent with documented prior use the planning commission

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recommends that the board grant their requested variance for medical marijuana dispensary mi

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2025 007 625 300 packer avenue i vote yes with proviso per refusal dated december 11 2025. michael

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johnson my vote is yes with proviso charlton my vote is yes with proviso tennetta graham my vote

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is yes with proviso ryan mcadams my vote is yes with proviso my vote is yes with proviso thank

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you very much thank you council

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you have another case i have the next one yes um so mi 2025 007 627

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120 to 22 north 19th street council could you please just state your name because you've

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already been sworn robert careless could you also identify your client the relationship to this

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property represent 19th and arch holdings llc the record owner of the property all right and there's

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also non-opposition from logan square neighborhood association and also non-opposition from council

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member young our vice chair has a few questions here good afternoon again have you submitted your

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documents and exhibits for this case five days in advance of this hearing yes i have and do you

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waive the reading of the refusal to stipulate to its accuracy yes i do thank you share your screen

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and proceed thank you um board members uh this is a um hopefully a relatively straightforward

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application um the subject property is is pinned with the rectangular vacant gravel lot here that

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i'm showing um we're currently bounded by cherry street to our north and north 19th to our east

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this is the former site of the child advocates center that was demolished approximately nine to

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ten years ago what we're seeking is to utilize to convert this from a vacant lot to a surface

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parking lot with 17 parking spaces effectively it will act as an extension of the surface parking

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lot that i'm showing just to our south at which is a separate parcel 102 to 118 north 19th street

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but under the same ownership and the same operator as i'll show you it's hard to see on my the drawing

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i have the picture i have before you but we will be reconfiguring the uh the parking at the northern

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top of our southern lot so there's no overlap in parking spaces but also no change to the

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The current parking count on the southern line as well.

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It's a it's a it's a 4600 square foot lot very small as you can see here in the in the pictures that i'm showing up top is a view from Cherry Street.

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now I'm on 19th street at the bottom looking northbound toward the the current lot

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just to show you the zoning plan

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the current screen is the existing conditions with the subject property hatched you can see

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the configuration, especially the northern strip here with the existing parking. Scrolling down,

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this is our proposed zoning plan. As you can see now better reconfigured here with the it's hard

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to see but the reconfigured spaces are in bold here with better site circulation to make a

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cohesive lot here. We do have a recorded reciprocal easement agreement with the ownership amongst

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between itself to allow for cross access and pedestrian circulation and stormwater drainage

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one thing i also i should have shown you

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some of the enhancements to what we're doing here is additional street trees

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and we're redoing the sidewalk here and also adding a light here in the north western corner of the site

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We are in cmx for surface parking is a prohibited use.

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But again, what we are proposing is essentially an extension with the existing adjacent surface parking of 85 spaces, which is is on any given day today just very maxed out.

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So the 17 spaces will offer additional parking off the street.

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We met with our friends at Logan Square. We had a presentation with them on March 10. We are grateful to have a letter of non-opposition from Logan Square. I also have photographs of our property posting here. And I would just offer that, you know, being a 4,600 square foot lie, it really is too.

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And I would just offer that, you know, being a 4,600 square foot lie, it really is too small and dimensionally restrictive to support any other use.

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The real feasible productive use is to function as a surface parking lot that's integrated with the applicants adjacent parking lot, which creates no adverse impacts.

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In our, we would argue to you that without the relief, the lot would remain vacant, unproductive.

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Again, it's it will reduce on street parking demand extend the existing parking area to create a more unified site and total.

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We argue would not alter the essential character of the neighborhood, and again, adding landscaping maintenance and improved in appearance is a benefit for the community.

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Mr. Chairman, I do have Tyler up to Gray from Pannonia.

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I'd like to ask him to raise his virtual hand in about my testimony.

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Yep.

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let me come in back in shortly thank you very much

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hey good afternoon good afternoon uh could you please state your name is spelled for the

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sonographer yes it's tyler up the grave that's t-y-l-e-r-u-p-d-e-g-r-a-v-e do you swear or

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affirm the tell the truth, the whole truth, nothing but the truth? Yes, I do. Counsel, please proceed. Tyler, you're a project engineer with Pannoni? Yep. And the design professional on this project? Yes, I am. Did you hear the testimony I presented to the board? Yes, I did. Would you adopt and affirm that as if it were your own? Yes, I will. Tyler and I are happy to answer any questions. Questions from the board. Yes. Has the owner talked directly to Russell Byers charter school? Yes, I actually have been

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into contact with the principal of russell buyers i specifically invited russell briars to our

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community meeting um admittedly i'm not sure if they were there or not they didn't to my knowledge

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voice any opposition to this but we have been in direct contact with them okay there's only i bring

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it up because the area that you are proposing to expand the parking lot into is directly adjacent

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to their play yard and i know they've planned to expand that play yard and so um what's going to be

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the like uh what's going to be the lot line condition at that wall because i think currently

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it's like a i think it's a chain link fixed with like a fabric now that there's going to be cars

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further back is there any plans to put a more substantial barrier in place tyler did you be

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able to answer that uh if you're referring to the frontage along cherry street we have

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curb stops talking about the party line between your property and their property

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oh okay well there's a concrete wall um along that property line and fencing so

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no there's not going to be anything additional added to that

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property line i thought the wall was a like a knee wall i thought it only went up like four

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But I don't know, maybe I have no idea what's at that corner, but I'm talking about that. Yeah. Okay. But you're saying that they there's a there's a barrier already there. Yes.

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Other questions?

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Are you addressing the landscape requirement?

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So, we are, Board Member Johns, we are providing 1, 2, 3, 4 street trees, and the rest were agreed upon with the Planning Commission for a fee in lieu, which we agreed to remit.

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And what are we doing about drainage?

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And are we using a, what do you call it?

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I'm talking about stormwater management, but I'm also talking about the surface, like what are we, what are we using? Are we using a, uh, uh, yes.

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