civus
Hearing video

ZBA Hearing - August 3, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20223h 46m

commercial uses on this block. This is the south end of the block. There's a laundromat

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on the west side and to on the east side is the beauty salon and directly like zoom in is maybe

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difficult to see here but this particular parcel here that I'm highlighting is actually a barbershop

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as well just to highlight the you know commercial uses that are on this block and again that's another

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view this is the north end of the block showing some more commercial uses

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i just want to give the board a sense of what we're trying to do our property currently has a

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a second floor roof deck and what we would like to do is build over that roof deck to complete

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the the space for our programming currently the space is about 300 square feet and we would like

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to add that additional space into our programming. I'll zoom in here so members of the board can see

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what our proposal is. Currently, our building on the second floor does not sit, does not go

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back to the property line on the 2416 side. However, on the other side of the building,

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it goes directly back to a small rear yard, which I will show in a second.

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So again, there's going to be changes to the facade.

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We're just going to add some new windows, spruce up the building a little bit,

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and again, add this 300 square feet of space for programming in our facility.

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Again, this space will be used as a child care facility, as well as a community center.

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Our first floor of the property has already been zoned for use as a community center and an after school program of up to 40.

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for use as a community center and an after-school program for up to 45 kids.

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So this particular use is one that is common to the neighborhood and has been this way since

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about 2003. So our expansion of this particular use will not prove to be a hardship to the

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community. And it's also the most minimal variance allowed that we need in order to, you know,

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create the space that we're looking for. So with the addition, we will have on the second floor,

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two playrooms, two offices, as well as this area here will be a kitchen area,

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kitchenette area, as well as two ADA accessible bathrooms. As you can see, so this pink area here

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is the new addition that is currently a roof deck that is underutilized at the moment.

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This gives the board a rendering of sense of what the finished product will look like.

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Here you can see wooden floors, partitions to separate the different programming spaces in the facility.

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And this is just another rendering so the board can get a better sense of what the finished product will look like.

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And as you can see here where this paneling is, this is where the addition will be created.

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so again to talk about the use refusal back in 2005 there was a zoning permit on file for

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a multi-purpose community center at this location as i mentioned for up to 45 children so what we're

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trying to do is just expand this particular use to that second floor the second floor

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previously had a variance granted in 2009 to use that second floor as accessory space to the

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community center for office space. So what we're trying to do now is use this accessory space

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that's used for offices, now use it for programming and still have those offices located

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at this, on that second floor level.

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To get a sense of what the hardship is

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for the zoning variance,

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you can see here there's a permit from 1955

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where the prior owner erected a one-story addition

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on the property

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and also created a partition on that second floor.

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So as they created the addition to move the property line back, they also then got a permit to demolish a portion of the second floor.

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So what we're trying to do now is restore a portion, restore that second floor that was demolished and removed in 1955.

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the five. Here is our letter that we sent to the neighbors, and we hosted a community

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meeting with the Lower Moya Missing Civic Association held on June 27th. This is the

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flyer that was sent out as well with our letter. Here's a letter of support from the Lower

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Moya Missing Civic Association. As you can see, there were no one opposed or non-opposition

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to our project.

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As mentioned earlier, this is a letter of support

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from State Rep. Elizabeth Fielder.

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We also have a letter of support

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from State Senator Sovall.

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And with that, that concludes our presentation

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and we haven't answered any questions that the board has.

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Mr. Young, do you have anyone who wants to adopt your testimony?

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Yes, I would like to call Ms. Samantha Kim.

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Ms. Kim

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Hello, how are you?

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

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Yes, my name is Samantha Kim, S-A-M-A-N-T-H-A, last name K-I-M.

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Right. 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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Proceed, Mr. Young.

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Thank you.

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Ms. Kim, are you authorized to speak on behalf of the Cambodian Association of Greater Philadelphia?

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Yes.

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And did you hear my testimony presented this morning?

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Yes.

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And do you agree with my testimony being accurate?

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Yes.

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and uh would you adopt my testimony as it was your own yes thank you questions from the board

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And would you adopt my testimony as it was your own?

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Yes.

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no mr chairman no mr chairman mr chairman all right questions or comments from the virtual

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audience i see no further answer mr chair planning commission good morning chair bergman ian hegarty

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for the Philadelphia City Planning Commission.

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That's H-E-G-A-R-T-Y.

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Right.

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Do you swear a firm to tell the truth,

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the whole truth, nothing but the truth?

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Yes, sir, I do.

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Rasheed.

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Thank you.

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Good morning, board members.

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The comprehensive plan recommends no change

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to the existing CMX-1 commercial mixed-use zoning

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at this site.

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This proposal, as we've heard,

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is for expansion of an existing non-conforming use,

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and the City Planning Commission recommends

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that the board grant the variance.

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Thank you.

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MI 2022-003-266-2416-18 South 7th Street.

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I vote yes.

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Harold Tenere, my vote is yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheen, my vote is yes.

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Thank you, Mr. Young.

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Thank you.

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Case number four.

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M-I-2022-001-550, 2940-42 North 5th Street, Rachel Pritzker is the attorney, letter of support from HACE, H-A-C-E, the coordinating RCO, letter of non-opposition from Councilwoman Sanchez.

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Mr. Brandon, let's have an answer to the panelist, sir.

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Good morning.

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Good morning, Brandon.

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and then state your name and spell for the court reporter, please. Sure. It's Brandon Saverin.

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That's B-R-A-N-D-O-N. S as in Sam, A, V as in Victor, R-A-N. Right. Do you swear or affirm to

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tell the truth, the whole truth, and nothing but the truth? Yes, I do. Could you identify your

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client and the relationship to the property? Yes. This application concerns two adjacent

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properties. My client and the owner of both is Esperanza Health Center, Inc. Thank you. Our

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Our vice chair has a few questions.

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Good morning, Brendan.

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Do you agree to wait the reading of the refusal and stipulate to its accuracy?

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Yes, with the caveat that this is actually a referral rather than a refusal.

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But yes, I do.

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It's accurate.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the

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referral, photos and replants of the property five days in advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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Yes to all.

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Okay, you may proceed, and please share your screen.

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Thank you.

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Sure.

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So, good morning, members of the board.

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Again, my name is Brandon Saverin from Pritzker Law Group.

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The properties we're here to speak about today are 2940-42 North 5th Street

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and 2944 North 5th Street, which you can see here.

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And my client, Esperanza Health Center, as indicated on the map,

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has already occupied the 2940-42 building.

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So that is marked on Atlas.

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You could say we're famous.

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Here is a shot of the outside of the 2940-42 building.

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with Esperanza's awning on the left, and the second property, which I'll address in a minute,

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2944 North 5th on the right, excuse me, I'm a little bit hoarse from allergies,

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is currently vacant and was last used as a takeout restaurant. So we're here on a referral

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for a special exception. There were no refusals issued. My client put in a zoning application

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to accomplish two things. One is to consolidate that 2944 property with the metal grate on the

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right into its existing health center on the left. So again, that would be a consolidation of lot

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lines. And then after we obtain that, to connect the two buildings inside. That is by right.

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In addition, the zoning application proposed to clarify that the use that will take place on these two combined properties is group medical practitioner.

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That use requires a special exception in the CMX 2.5 district.

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And that's why our zoning application for both the consolidation and the use triggered a referral to you today.

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we obtained a letter of non-opposition.

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We obtained a letter of non-opposition from Councilwoman Sanchez's office.

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We also obtained a letter of support from HACE, who was the coordinating RCO on this matter, after my client met with them.

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And you can see there that the zoning committee of HACE voted unanimously to support the continued use of this property when enlarged.

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as a group medical practice. I wanted to walk you quickly through the permitting history of the

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property. This property was called a health center and a medical center in some prior permits under

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the old zoning code before 2012. So for instance, just to pick one as a sample, here's a permit for

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assigned from 2007. You can see that this was issued to my client Esperanza Health Center as

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the owner and applicant and the use registration at that time was existing medical center.

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Fast forward to permits that were issued after the adoption of the new zoning code

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and the use began to be referred to as sole practitioner. Here's why that matters. Under the

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current zoning code. Health center or medical center, at least to my knowledge, is not a defined

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use. The sort of two possible uses for an outpatient medical practice such as this are

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sole medical practitioner and group medical practitioner. We are going to be in the

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combined facility a group medical practitioner. So we felt it was important to have that exact

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terminology placed on our new zoning permit. And that triggered the referral, and that took us

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through the RCO and ZBA process. Briefly, to qualify for a special exception, one must essentially

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demonstrate that the proposed use of the properties will not have negative impacts on the public

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beyond what would typically be expected from a medical practice. In this case, what would

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typically be expected from the subject use. So this is relatively straightforward to demonstrate

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in this case, because Esperanza already operates a medical clinic in part of this location. So

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the impacts that the code draws attention to are congestion in public streets,

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impacts on other public facilities like utilities, parks, and schools, overcrowding of the land,

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including the supply of light and air to adjacent properties, this existing health clinic does not

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create any traffic issues or strain other public systems or harm the public really in any manner.

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And I believe that's borne out in the RCO's unanimous support of the project. The enlarged

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facility will not operate in such a different way that any of those negative effects would appear,

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whereas they currently do not. Further, the proposed integration of that adjacent building

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does not involve a significant expansion of either building as experienced from the exterior. This is

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really interior work and also sort of a cleanup of the front facade of the 2944 building. So because

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of that, because we're not enlarging the mass of the structures, we're not going to have a negative

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impact on the adjacent properties, their use, their light or air, etc. So as such, I respectfully

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request that the board grant a special exception to allow Esperanza Health Center to operate

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both of these properties when consolidated as a group medical practice. And I do have the

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proposed building permit plans, which sort of function as a floor plan, if the board would

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like to see them. I have our architect who can walk you through them. And I have a client

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representative to adopt my testimony. Whatever of those witnesses. Mr. Shadram, why don't you

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have your testimony adopted? Sure. Okay. So the client representative's name is Justin Perry.

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Justin, if you could please raise your hand.

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Perry has been allowed to speak. Hi, could you state your name and spell it, please,

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for the court reporter? Yes, Justin Perry, J-U-S-T-I-N-P-E-R-Y. Do you swear or affirm to

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tell the truth, the whole truth, and nothing but the truth? I do. Please proceed, Mr. Saverin.

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Good morning, Justin. Are you an authorized representative of Esperanza Health Center?

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Yes. Okay, and were you able to hear the full extent of my testimony this morning?

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Yes. And was it true and accurate to the best of your knowledge?

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uh and was it true and accurate to the best of your knowledge yes and would you therefore adopt

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yes and

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it as if it was your own testimony yes okay thank you questions from the board no mr chairman no

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mr chairman no mr questions or comments from the virtual audience

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so you know that's mr chair planning commission thank you chair bergman

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ian hegarty for the philadelphia city planning commission the proposed special exception will

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not cause detrimental impacts to the neighborhood beyond what might normally be expected for this use

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and so the city planning commission recommends that the board grant the special exception

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thank you mi 2022 001 550 29 40 to 42 north this street i vote yes

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Harold Teneri, my vote is yes.

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Thomas Hallamon, my vote is yes.

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