civus
Hearing video

ZBA Hearing - August 24, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 24, 20226h 4m

And as they outgrew the space and wanted to upgrade and expand, they were able to partner, quote unquote, with RRG Chestnut Street LLC, which is a private developer of multifamily.

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And as we'll discuss, they were able to come up with a plan that provides the ability for the nonprofit to stay at this location in new and improved new facilities.

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And above it are apartments, which provides the revenue for the nonprofit space.

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So it's a creative approach, and we're pleased that we were able to be a part of it.

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The only refusal, as I mentioned, is a

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I'm sorry, this is Tanya

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Are you going to present on the screen for us?

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I'm going to ask Jay to do that

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I don't know if you need to enlist him

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Thank you, Jay Rockefeller

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Could you promote him, staff, to panelists?

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Yes, he's coming back in there

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Thank you kindly

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Thank you

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and we're going to go to really

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the plans. Oh, that's perfect. All right. So what you'll see here is at the top,

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it says previously approved, and that's a conforming view. And then you'll see at the

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bottom proposed, and there's a little red box, which I'll get into. That's the area of infill

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that we're seeking approval on. And you'll also see another exhibit that shows you that we actually

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own from Chestnut Street all the way to Sansom. And Jay, you'll show that in plan. There it is.

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The top is Chestnut Street. It's already been approved for 116 apartments. And as I said,

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the offices for the nonprofit. But then in the back along Sansom Street, there's going to be

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an additional 16 units. The red box, which again you'll see is the area of infill. When we went to

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CDR last year, the entire project was presented and presented to the community as Spruce Hill

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and presented to the community, as Spruce Hill in their letter indicates, and we were going to do

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in their letter indicates.

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it in one shot as of right. Lo and behold, in the review process, there was a change in code

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and interpretation on split zones. The Chestnut Street portion is CMX4, which is high-rise,

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but the rear portion with Sansom Street frontage is RM1. So because of this split zone,

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we couldn't infill the little red box as we would have before the change in the code so we

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received our permit we're way into construction on the chestnut street project and now we're

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seeking this variance to allow us to build the sansom street portion they really were designed

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to be integrated and they serve a purpose the traffic activity for this is along chestnut street

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uh which is both for the non-profit as well as for the main apartments above uh and that's where

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we want the activity to be sansom street is very discreet it's only the residential for 16 units

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that are serviced by that all the truck traffic and everything else is really designed to be on

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chestnut street and where the infill is along the so-called uh split zone line uh jay and you can

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show that where the red box is, we're using that area for ADA compliance, elevators, and other

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important amenities. So even though it looks like two separate projects, it's really one project,

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but we had to do it in two bites. So that's really the long and the short of it. So the area that

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we're seeking relief from is the fact that we don't have at that spot the required nine-foot

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rear yard depth and we don't have 144 square feet of rear yard open area. But as we own both sides

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of the property line and it's one project, it's a moot point. Also, we still have, if you can point

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to it, Jay, a lot of open space on either side of the property, including rear yard depth. We just

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don't satisfy it entirely because of the red box situation. So that's the story. We believe that we

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do have the hardship here because of the split zone and because of the configuration. We have

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been at Spruce Hill. They did see it at CDR and then we went more recently to show them the need

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for the zoning. With that, I would just like to have the project architect, Jay Rockefeller,

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sworn and adopt my testament my name is jay rockefellow it's j-a-y-r-o-c-k-a-f-e-l-l-o-w

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right you swear for him to tell the truth told you nothing but the truth

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i do proceed so jay you are the architect along with uh marce uh and

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other architects at das architects in philadelphia correct and you heard my testimony in my

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presentation regarding the need for a variance uh the split zoning that required us to make two

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separate applications yes and has everything that i've said been accurate to the best of your

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knowledge uh yes except for there's 12 units not 16 oh in the sansom street property the sansom

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side and how many in the front 116 i think correct all right and then the two floors for the

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intercultural uh center correct i have nothing further of this witness unless the board has

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questions questions from the board no mr chairman all right and then mr chairman

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okay what were you going to say carl uh the next short witness will be michael kellerman whom

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you've heard from already. Okay. Mr. Kellerman. Hello, everybody. Michael Kellerman again. I'm

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the CEO of Intercultural Family Services. Could you spell your name for the court reporter,

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please? M-I-C-H-A-E-L, last name K-E-L-L-E-R-M-A-N. Right. Do you swear a firm to tell the truth,

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the whole truth, nothing but the truth? I do. Proceed. Michael, you are currently CEO. How

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How long have you been not only in that position, but just in any position with the nonprofit?

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So I'm actually new at the nonprofit.

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I came on board in February as CEO with the retirement of the longstanding CEO and founder.

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But the organization has been around for 42 years.

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We have been providing community services, family services, clinical behavioral health support services to multiple communities.

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but our main community is in west philadelphia for those uh 42 years we are across the street

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We are across the street in 4225 Chestnut Street right now, but as explained in our letter supporting this, we are so enthusiastically in support of this project because it includes a new state-of-the-art headquarters for our operations and service center.

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in 4225 chestnut street right now but as explained in our letter

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And as a mid-sized nonprofit, that's a once-in-a-lifetime opportunity to upgrade our facilities and expand our services right here without having to leave the community that we serve or to change a location where our community members are accustomed to coming for services.

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So the partnership that we have between us and the other teams developing the property that you've heard from is a true partnership.

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Intercultural will occupy the first two floors, the main feature of the building on Chestnut Street.

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And it's a true event for us in a positive way.

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So we couldn't be more enthusiastic about our support for this joint project.

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All right. And you've you heard my recitation. Is it true and correct to the best of your knowledge, information and belief?

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It is good. I have nothing further with regard to this witness or anyone else.

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questions or comments from the virtual audience

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i see no hands chair planning commission thank you mr chairman david facto city planning commission

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the comprehensive plan recommends no change to the combined residential multifamily and

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commercial mixed use zoning at this location the proposal substantially conforms with the

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proposed zoning and so the city planning commission recommends the board grant the

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dimensional rare yard variances. Thank you. MI 2022-003-140-4245 Sampson Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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James Snell, my vote is yes.

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Thank you, counsel.

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Thank you. Have a good evening.

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Right. Number seven, MI 2022, 003-076-500 North 18th Street.

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Joseph Council is the attorney.

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Letter of support from the Spring Garden Civic Association.

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Hello.

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

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Joseph Consul.

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Could you identify your client in a relationship to the property?

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Yeah, my client is Franklin Tower Associates, and the tenant is Thrive Affordable Vet Care.

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The representative, Roger Davila, should be on this call.

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Okay, our vice chair has a few questions.

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not our vice chair our board secretary i'm sorry

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afternoon council

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the reading of the refusal

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i do

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did you email all the exhibits and documents as required such as proof of ownership tax clearance

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copy of refusal or referral pictures of or drawings of the property five days in advance

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of this hearing and did you meet with an rco do you have a letter

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Yes, all sir.

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All right, we should just proceed.

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Joe Consul here, 500 North 18th Street.

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The tenant in this property is Thrive Affordable Vet Care.

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It's the corner of 18th and Spring Garden.

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Here is what the space looked like when we were in front of the board last year.

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similar to the the one of the earlier cases in the two o'clock list we were seeking animal care

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and such for the leased property although not not boarding but it still required a variance

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for these two spaces that are that are facing us right right now we got the approval all was good

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My clients were then seeking to put a sign up.

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They didn't realize that all of the commercial spaces on the sides of both Spring Garden and 18th Street counted against their ability to put a sign up because of the amount of space that the current signage already covered.

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So when they submitted their sign permit, they got a refusal.

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It's RMX3.

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That's a maximum of 24 square feet of the sign area allowed for the lot frontage.

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There's just a lot of lot frontage and a lot of businesses on the other two sides of the building.

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So what we're here seeking to do and what we have the support of Spring Garden Civic to do is add signs to the property.

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to do is add signs to the property. Here's the rehabilitation as of when these photos were taken

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last month. Here's our signs up. Here's the company logo. And this shot shows you what the

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signs are going to look like. So we have all the spaces here that are in blue. You can see both

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both the as proposed and the existing.

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Those are gonna be Sunbrella canvas awnings

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as requested by the Spring Garden Civic

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in that general color,

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as well as the Thrive sign above that.

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And here's a mock-up of the actual sign

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that's gonna be above the awnings

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and the illumination bit that's required.

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and a description of the awnings themselves being Sunbrella Shade Capri.

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Past that, we've got all of our other required documents, the deed and the tax compliance certificate.

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I'll ask Roger, if he's available on the call, to raise his hand and adopt my testimony.

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do we see his hand yes yes i'm you okay this is roger hi could you state your name and spell

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it for the court reporter please roger r-o-g-e-r d-a-v-i-l-a

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could you do that again i'm waiting at it could you get a little closer to your mic roger if

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possible. He's breaking up. I'm afraid it's not clear enough. Mr. Consul, you're an officer of

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the court. We will take your testimony. All right. Thank you. Questions from the board?

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No, Mr. Chairman. No, Mr. Chairman. Hi, Mr. Chair. This is Tanya again. May I ask a quick

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question? Sure. Would it be okay for Mr. Consul to just state and put the spelling of the person?

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Sure. Thank you so much. He is Roger, R-O-G-E-R, last name Davila, D-A-V-I-L-A. And he is a

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direct representative of Thrive. Thank you both kindly. Questions or comments from the virtual audience?

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Chair, we have Mr. Navarro.

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Okay.

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Hi, Mr. Navarro.

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Could you state your name as spelled, please, for the court reporter?

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Good afternoon, Mr. Chair.

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And members of the board, Justino Navarro, J-U-S-T-I-N-O, N-A-V-A-R-R-O.

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I'm a representative of the Supreme Guardian Civic Association and the Zoning Committee.

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

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I do.

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Proceed.

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Thank you, Mr. Chair.

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We met on several occasions with the applicant and attorney counsel on zoning matters regarding this property, as well as the subsequent meeting regarding the sign that's proposed.

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And the applicant was totally receptive to recommendations to improve and have the property representative of the Spring Garden Historic District.

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and we are fully in support of the variance that's being requested for the signs that the

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signs that are depicted above so we encourage the board to approve approve so accordingly

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thank you thank you thank you for your call and your your insight is there anyone else in the

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virtual audience i see no hands here any commission thank you mr chairman david fecto

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city planning commission the comprehensive plan recommends no change to the residential mixed

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use zoning at this location due to the restrictions of this zoning district the existing business in

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this building cannot currently install signage without the proposed variance so we would argue

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that this is actually a hardship and so the city planning commission recommends the board grant

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the proposed variance for a static illuminated sign. Thank you. MI 2022-003-076-500 North

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18th Street, I vote yes. Thomas? James Snell, I vote yes. Thank you. This must be yes.

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Thomas, counsel, you have your three votes.

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council you have your three votes all right thank you chair

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All right.

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Thank you, Chair.

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hi chair nine mi 2022 it looks like we lost mr um thomas i'm going to try to get him back and

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just for you to know and for the record we are having various issues with um i know i heard it

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We all hear it, Tanya. Number nine, MI-2022-002816, 3129-33 North 22nd Street, Mr. Knockamson, letter of, let's see here, letter of opposition from the Coordinating RCO, West Allegheny West Civic Association,

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A letter of support from the affected RCO, Swamp Poodle Neighbors, Neighborhood Parcels Association.

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Applicant provided two letters of support.

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Sarita Scott, Letters of Child Evangelism Fellowship and Dobbins High School.

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Counselor, you've already been sworn to state your name.

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Alan Ockhamson.

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could you identify your client in a relationship to the property uh yes uh the property is owned

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by amuru llc in the virtual audience i have both sarita scott and darnell thomas members of that

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llc all right our uh our board secretary has a few questions

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yeah i'm here good afternoon council you agreed away to the reading of the refusal

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and stipulate to his accuracy?

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I do.

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You email all the exhibits and documents as required,

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such as the proof of ownership, tax clearance,

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copy of refusal or referral,

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pictures or drawings of the property

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five days in advance of this hearing,

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and did you meet with an RCO?

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Do you have a letter?

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Yes, in all respects.

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Okay, thank you.

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Please proceed and share your screen.

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Thank you.

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Again, my name is Alan Ack.

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I'm here to present 3129-33 North 22nd Street.

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During our presentation, we'll go over the notice of refusal, as well as the correspondence we received from multiple organizations, including the Allegheny West Civic Association, as well as Swamp Poodle Neighborhoods Parcels Association,

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