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Hearing video

ZBA Hearing - August 24, 2022

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

can you hear me we can now okay i'm not sure what's going on

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um so my question was on the refusal um it didn't mention the commercial space

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please turn off the second device thank you

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um so my my question was um the the refusal doesn't mention the the commercial space are

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you seeking that as part of a separate application no we um miss emerson we actually are no that so

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actually now I see that if we didn't provide a commercial space that wouldn't have been an

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additional refusal so I think the the unfortunately the refusal is in artfully

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uh described uh in terms of our proposed use so we did show it and I let me just confirm this

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let me just share my screen and see what we have here in terms of the site plan

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but I believe in the site plan we do show a commercial space

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does it indicate a specific use on the site plan um let me see

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um

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it says ground floor commercial space that's all okay okay so you just may need to get a

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use registration permit then for that piece okay all right i just wanted to clarify and make sure

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i didn't miss something or misunderstand so okay thank you i guess with that being said i do have

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an objection to the the status of the refusal um i would say that it it doesn't accurately state

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that we are asking for commercial space as well right but i like you said i think it does imply

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it otherwise you would be getting a refusal if you didn't have the ground floor an additional

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if you didn't have the ground floor an additional refusal without the ground floor for cmx2 so but

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refusal without the ground floor for CMX2.

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it just doesn't have your commercial use in it so you'll have to apply separately for that yeah and

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maybe the specific commercial yeah yeah if this board is so inclined i i would then ask for a

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proviso if you feel is appropriate miss emerson uh you know separate like use registration permit

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or ground floor or commercial space?

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Yeah, I think that would be entirely appropriate

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to say separate use registration or use permit.

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What would you say use registration?

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Separate use registration required

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for commercial space on first floor.

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But we're also using the basement level too.

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Oh, first floor and basement.

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Okay, yeah.

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All right, we can do that.

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That's not a problem.

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Thank you.

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Questions from the virtual audience?

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Chair, we have, excuse me.

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We have Sharon Manker.

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Okay.

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

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Yes, my name is Sharon Manker, M-A-N-K-E-R.

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First name is S-H-A-R-O-N.

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Right.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Proceed.

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So my name is Sharon Manker.

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I am the National Supplier Diversity Manager for AmeriHealth Caritas, a Philadelphia resident,

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and the chair for the Women of Color Committee for WeBank East, a subsidiary of the National

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Women's Business Council. I can speak to the proposed use and uses that the shop has had

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and the economic impact it's had on the community. In the outreach activities that

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I have participated in over the years with the organization, there has been community outreach

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as far as access to health wealth and wellness resources partnering with local and diverse

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businesses that are minority women disabled and veteran owned who miss scott has graciously

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opened up her space to let those individuals come into the building and also occupy a space to

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either sell their wares or get resource information from national advocates as myself

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As far as the economic impact of the resources at the organization, it creates new entrepreneurs

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which aligns with the city of Philadelphia's Office of Economic Opportunity and advances

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more opportunities through local public schools, like the partnership that they have with Dobbins

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with their cosmetology program, which allows new entrepreneurs to be formed, new cosmetologists

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to come and learn how to create their own LLCs and their own businesses.

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All of this said, we support and I support this expansion of their services and look forward and thank you all for letting me present.

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Thank you. Thank you for your comments. Anyone else in a virtual audience?

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Chair, we have Hugh Douglas.

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Okay. Okay. Mr. Douglas, go ahead. Proceed.

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Hello, and good afternoon.

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And I'm not Hugh Douglas, the quarterback, but I am still at Hugh Douglas.

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Hi, could you please spell your name for us?

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H-U-I-E-D-O-U-G-L-A-S, but I go by Hugh.

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H-U-E.

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Right.

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Do you swear or affirm, 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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All right.

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In my number of years that I've been the assistant principal at Dobbins, I established a partnership

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with Ms. Scott. And in that partnership, I asked her to give my students, juniors and sophomores,

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an opportunity to work at a shop. She has extended herself and opened her arms to embrace my students

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and really give them opportunities that they may not have necessarily had. I also know that Ms. Scott

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has taken a special interest in helping my young ladies understand the importance of conducting

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themselves in the means and manner and way that represents a woman that they and I apologize for

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not having the pomp and circumstance in terms of certain things to say I didn't write this but

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I'm speaking from my heart I appreciate what Ms. Scott has offered my students because it has

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allowed them an avenue to really use and utilize their services that they're learning at my school

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and though I'm no longer there there's been a number of students that still work there to this

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day and I just wanted to give my vote of support in terms of Ms. Scott what she's doing in the

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neighborhood and creating options for my students thank you thank you thank you for calling in we

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appreciate it is there anyone else in the virtual audience yes chair we have a calling user phone

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number ending in 3552. Okay. How could you state your

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Okay. Could you state your name, please, and spell for the court reporter?

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Yes, this is Adrienne Fernandez, Swamp Fuddle Neighborhood Parks and Association, RCO, and my name is...

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Could you please spell your name for the court reporter?

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Yes, A-D-R-I-E-N-N-E. My last name is spelled F-E-R-N-A-N-D-E-Z.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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yes proceed okay um swamp little neighborhood parts of the association is one of four affected

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rcos for this address and we support this project um for low-income affordable housing

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thank you oh hello yep go ahead proceed okay um i just wanted to state first

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we did have three provisos listed in the written testimony the first proviso we want to delete that

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there was a misunderstanding about that when it was presented at the public meeting

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so we do have three provisos the other remaining two that are listed

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mechanical use only for the roof because our neighborhood is very opposed to roof decks

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and also trash and recycling stored indoors except collection times

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And also, we would like to have a proviso that Mr. Notcheson mentioned about the commercial use first floor and basement.

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We also agree with that proviso.

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Okay.

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Yep.

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Okay.

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Thank you very much for calling in.

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Is there anyone else?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Mr. Chairman.

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David Fecto, City Planning Commission.

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the comprehensive plan recommends a zoning change to commercial mixed use 2.5 at this location

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if the applicant had applied to use the mixed income housing bonus then they would have been

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able to earn nine dwelling units as mr knockinson said the affordable units would be units that the

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city would be able to enforce and verify the income of the tenants and which would be would

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be included in the department of planning and development's annual affordable housing report

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so we would argue that if the zoning board grants this variance it would deprive the city of an

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enforceable affordable unit in exchange for units that no city agency can enforce nor verify the

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income of tenants and which will never be included in the department's annual report so since the

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applicant has not proven that a hardship exists that prevent would prevent them from building

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six dwelling units allowed by right and six since they could provide three additional dwelling units

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on site without a use variance the city planning commission recommends that the board deny the

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proposed use in dimensional variances. Thank you, Mr. Chair. I just would like to respond. So I

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think I heard that the recommended use of this property is CMX two and a half, which again,

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I haven't done the calculations, but if that was the case, I think we would fall. I mean,

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the use, at least the quantity of units would be as of right. As far as the dimensional component

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of this, again, what we're asking is not out of character for this property in this current

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condition because we have full lot coverage on portions of the property where there is no setback

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and then their surrounding property similarly situated right thank you mi 2022 002 816

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3129 to 33 north 22nd street i vote yes with proviso

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So roof deck for mechanical access only interior storage of trash and recycling and Hillary

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what's our third?

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The third proviso is separate use registration required for vacant commercial space on first

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floor and basement.

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Separate use requirement required for first floor and separate and basement.

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For vacant commercial space, yes.

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to make for vacant commercial space yes thomas holland my vote is yes with provisos

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james snell yes with provisos

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thank you thank you you have your three votes

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we're going to go back to number eight mi 2022 002 882 1709 to 17 chestnut street

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michael phillips is the attorney letter of non-opposition of the center city residents

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association we'll hear this and then we'll take a short five minute break mr phillips

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it looks like we have melanie lacy sir okay

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Okay.

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good afternoon mr chairman members how are you could you spell your name for the court reporter

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please that's melanie lacey m-e-l-a-n-i-e last name l-a-c-e-y right do you swear for him to tell

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the truth the whole truth nothing but the truth yes uh could you identify your client their

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relationship to the property yes i am accompanied well i represent the tenant that's starbucks and

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accompanied by Andrew Kaufman, who is the project manager of construction and store development

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for the Mid-Atlantic region. Thank you. Our board secretary has a few questions.

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Good afternoon, council. Good afternoon. Do you agree to read the reading? Yes.

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Melanie have you sent everything in it's difficult to hear but yes to all of the

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And you have a letter.

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You have a letter.

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I do, which I will share.

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Share your screen, please.

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Thank you.

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Are you able to see my screen?

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It's coming up now.

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Okay.

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Am I frozen?

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Didn't come up yet.

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yeah you're frozen

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try stopping and starting again

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I'm trying to stop nothing's happening

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DPZ Zoom can use thank you okay okay Melanie is stopped

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Try again.

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If all else fails, let's cut your video.

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Okay.

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Are we working this time?

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Slowly trying.

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It looks like it might be the same.

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Any suggestion, IT Bill?

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No, there seems to be bandwidth issues today.

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Yeah, that's what I see, like everybody.

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Yeah.

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So as the chair wish, Melanie can proceed without the.

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So is this this is a Starbucks takeout coffee?

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It is.

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Melanie, why don't you proceed?

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OK, I think the exhibits would be helpful to depict the context, but I'll work with what I can.

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Talk us through this.

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OK, sure.

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So as mentioned, my name is Melanie Lacey.

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I'm with Claire Harrison Harvey in Brandsburg, and I represent Starbucks in their application for special exception for a new what's referred to as a pickup only location that will be at 1709 Chestnut Street.

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So we met with CCRA on May 24th, and they submitted a letter of non-opposition dated May 25th, which I included in the exhibit package that was submitted last Thursday.

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and Starbucks will be a new tenant at the vacant commercial space that was previously leased by

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Chow Pizza. So I'm sure many of you are familiar with that restaurant strip on Chestnut Street

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between 17th and 18th Street. It's bound by Ranston Street at the rear and the property

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is zoned CMX 5 but it's also within the Chestnut Walnut Overlay District which requires special

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exception approval for takeout restaurant uses, which is the only reason for the referral and our

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hearing this afternoon. So I'd like to just explain a little bit about the pickup only location. What

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that means is that patrons will place their orders through the Starbucks app, and they'll walk over

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to the store, pick up their purchases. And this is a growing concept that Starbucks has rolled out

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in 20 other markets, but it will be the first location in Philadelphia. Many of you may be

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familiar with pickup areas within the existing stores in the city, but in this new pickup store

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concept, about 90% of the orders will be placed through the cell phone app and only 10% will be

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made on site as credit card transactions. There'll be no cash accepted. So this means that patrons

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