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Hearing video

ZBA Hearing - August 24, 2022

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

are in and out of the store. There's no seating for them to dine inside. It cuts down on lines

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and it's very efficient. The only entrance will be on Chestnut Street and the employees would also

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use that mean entrance. So if you could see the beautiful, the beautiful renderings, I would show you.

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If you could see the beautiful renderings, I would show you that it is a very simple and minimalist design.

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It's a very modest size area. The lobby would be 282 square feet where patrons would pick up their orders and in some cases, maybe add items to a purchase after the fact.

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There are ordinarily two partners at the counter to assist with the handoff and verify the purchasers, and the rest of the space would be for employee use only.

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There would be food preparation and a barista area, but even though a typical menu, including sandwiches, would be available, the food items would be prepackaged and heated up without cooking, and there will be no exhaust on site.

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So as for operations, I'll just briefly state that there are expected to be five or six employees on site, hours of operation from 6 a.m. to 8 p.m.

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And the building will have exterior security cameras provided by the landlord and interior 360-degree cameras installed by Starbucks.

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In connection with our discussions with CCRA, who was a coordinating RCO, we provided a litter cleanup plan that entails storage of the trash in trotters and doors and daily commercial pickup.

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So that summarizes the presentation.

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As you can see, it meets the standards for special exception relief because there's it's a pickup only location that won't cause congestion and won't overcrowd the land, impair adequate supply of light and air.

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and it'll be a community amenity that won't cause any negative impacts.

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So for these reasons, we respectfully ask the board to approve our request.

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So Melanie, so you know, somebody just sent us your package.

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Oh, wonderful.

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We got to see all your photos and things of that nature.

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Okay.

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So would you want to have your testimony adapted, please?

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Yes, Andrew Kaufman should be promoted.

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Okay.

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i'm sorry could you could you please have him raise his virtual hand

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yes andrew can you hit the raise hand button on zoom

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i have him you can just unmute yourself sir

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hi sir could you state your name and spell it for the court reporter

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Mr. Kaufman please unmute yourself

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okay

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Melanie you're an officer of the court we'll take your testimony it's fine

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okay um questions from the board no Mr. Chairman no no Mr. Chairman questions or comments from

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the virtual audience i see no hands chair planning commission good afternoon mr chairman and board

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members david fecto city planning commission comprehensive plan recommends no change to the

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commercial mixed use zoning at this location the applicant has shown that a takeout restaurant

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will have no more of an impact than a takeout restaurant would be expected to have so the city

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planning commission recommends the board grant the special exception for a takeout restaurant

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Thank you. MI 2022-002882-1709-17 Chesson 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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Ishmael Shahid, my vote is yes.

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Thank you, counsel.

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Thank you.

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Let's take a five-minute break. We have two cases left on here, and then we'll go right into the last section. Take a five-minute break.

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dpc zoom okay we're back everybody um number 10 mi 2022 002-886-2309-33 carpenter street

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sean whalen is the attorney um letter of support from the south south of south neighborhood

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Association and letter of support from Councilman Johnson. Good afternoon, Chairman. How are you?

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Could you state your name, please, counsel, and spell for the court reporter? Certainly. Sean

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Whalen, W-H-A-L-E-N. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I do. Could you identify your client and relationship to the property?

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I am representing the owner and developer, St. Anthony's Senior Residences Associates, LP.

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Okay.

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Our board secretary has a few questions.

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Paige?

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Can you hear me?

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Yes.

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Nope.

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yes

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excuse me mr chairman do you want me to do it yeah if you're if you're if you're

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your computer's stronger please okay i can do it

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good afternoon counselor good afternoon mr hallman do you agree to waive the reading of

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refusal and stipulate to his accuracy yes i do did you email all of the exhibits and the documents

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as required such as proof of ownership tax clearance copy of refusal or referral pictures

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or drawings of the property five days in advance of this hearing and did you meet with the rco

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Do you have a letter?

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Yes to all.

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Please proceed and share your screen.

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Thank you very much, board member.

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Hopefully you can see an aerial picture right now.

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I can't tell what you can see.

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We can, we're good.

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Okay.

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So what you're looking at, the large building right there is 2309 Carpenter Street.

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that is the existing senior residences. It's an affordable housing senior residence

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that's been in existence for many decades. That is staying. And what we're doing is actually

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talking about the rear portion of the property right here. So I'll show you this piece right

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here is the existing senior residence building that's going to stay the same. This is the

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portion of the property that we're talking about right now. It has a street frontage along South

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24th and then extends deeply along Montrose Street. So this will give you a better indication.

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This is phase two of a development of this property, frankly, which we expected to finish

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last year. Phase one included the subdivision of this parcel right here into 10 separate townhomes

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on South Bonsal. At the same time, we attempted to subdivide this piece, which is parcel L,

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the piece we're talking about today, into six separate parcels for townhomes. When we attempted

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to do that, we discovered, much to the surprise of the streets department, that this block of

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Montrose right here from 23rd Street to 24th Street is somehow not open on the city plan.

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The streets department went back over 100 years. They can't determine why it's not open on the city plan. However, it is maintained by the city as an open public street. It has vehicular access. It has public sewer and utilities underneath it. It has public sidewalks.

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um so our refusal today is simply and only that or our hardship rather is that this p this one

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block of montrose street is not on the city plan and therefore we were not allowed to subdivide

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and put separate townhomes onto directly facing onto montrose street that is the basis for the

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hardship today and the only reason why this project is not by right. So in essence what

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we're looking to do is here's the existing building of St. Anthony's. You can see these

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are 10 approved townhomes on Bonsal that are actually already under construction across the

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street from existing single family homes. There are also existing single family homes that all

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front on Montrose Street here, even though it's closed. And this right here, these are the five

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new townhomes that we're hoping to get proposed and approved today. This single family home

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at the corner of Montrose and South 24th is already approved previously. And so all we're

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asking to do right now is create a PUD right here that would allow each of these five townhomes to

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be constructed. So this lays it out a little bit better. We're talking about the five homes

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in dark orange right here. This is Montrose Street, and this is the one block that is not

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included on the city plan. What you can see when you go back in time, Montrose Street actually had

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22 units, all single-family homes historically. This is back to 1962. And as late as 1994,

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we also found that it was fully built out and had existing single-family houses there.

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At some point thereafter, they were demolished. And what you have now is, I'll show you very

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quickly. This is the existing senior living facility. This right here is the corner of

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This right here is the corner of South 24th Street, and Montrose Street goes back this way, and you can see this is the portion that we're talking about right now.

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South 24th Street and Montrose Street.

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So here are the houses across the street. We have no refusal for height. We are actually only building to approximately 33 feet in order to mirror and match the existing townhomes on the other side, and this is looking back up.

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So the development of new townhomes would be on the left and would match in size and stature with stoops and whatnot, the houses on the other side.

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we received two refusals as this board knows when reviewing a PUD the underlying zoning district

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here is RSA 5 and when reviewing a PUD it is reviewed as a parcel in its entirety not as

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you're intending to use it and so we received one refusal for multifamily household living

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Again, we are not proposing multifamily household living. We are proposing five individual townhomes to be included along the Montrose Street frontage. And we also received a refusal for multiple principal buildings. This is the already approved corner property, corner house, and the townhomes properties behind it.

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So if I go back to here, you can see this is the zoning map for the city.

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And as you can see, everything in white are the open city streets on the public map.

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And actually Bondsville Street is almost entirely open, but not just right at this corner.

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And that's why this portion of the road is actually colored in yellow.

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um again what you'll have is this unit at the corner is already approved there will be public

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public there will be private access for parking off of carpenter one single drive aisle that's

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already approved for all of the bonsall street homes you will turn left off of that drive aisle

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and have rear access parking for each of the proposed homes

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again and this is just showing that we're we're maintaining the uh the height of the street and

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not extending that street um and uh most importantly we presented to sasna and they

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provided a letter of support uh they appreciated the lesser density than uh of only five additional

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townhomes and that we were maintaining the uh the street frontage and the the height and scale of

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the buildings along that side. With that, I would call my witnesses to adopt my testimony,

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but I'm happy to answer any questions the board has before that. I want to adopt your testimony.

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Certainly. And I guess I should say very quickly for the record before they adopt it that

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given as this is an RSA 5 district, single-family housing, and we are proposing single-family

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housing, there is no detriment or adverse impact to the public health, safety, welfare

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of the neighborhood and this is also the least minimum variance satisfied because you know there

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were previously up to 22 homes in this area and we are limiting our request to five again with

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only the use variances and no variances for dimensions if i could i would call

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brad ingerman brad if you would please raise your hand

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can you hear me yes please could you state your name and spell please for the court reporter

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sure it's brad b like boy r-a-d ingerman i n g e r m a n you swear for him to tell the truth

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the whole truth nothing but the truth i do proceed counsel thank you chairman uh mr ingerman

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you're here on behalf of the owner and developer for this project correct yes and did you hear all

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of the testimony that are i already presented in this matter i did and do you believe it to

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be true and correct to the best of your knowledge and information i do and would you adopt it as

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your own testimony i would thank you very much mr ingerman uh chairman i have no further questions

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for this witness i'm happy to have him answer any questions the board may have questions questions

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chairman, I would simply ask to have my architect adopt my testimony as well.

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Very quickly.

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Okay.

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Mr. Cattarucci, are you on?

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

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

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Name is Greg Cattarucci.

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Name is Greg Cotarucci, G-R-E-G, Cotarucci, C-A-U-T-E-R-U-C-C-I, Senior Project Manager with JKRP Architects.

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Do you swear for him, tell the truth, the whole truth, nothing but the truth?

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I do.

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Proceed, Sean.

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Thank you, Chairman.

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Mr. Cotarucci, you're here as the project architect for this project, correct?

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That's correct.

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all right and did you hear all the testimony already presented in this matter i did and do

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you believe it to be true and correct to the best of your knowledge and information i do and would

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you adopt it as your own testimony uh yes i would thank you very much mr cadarucci uh board chairman

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that concludes my presentation here i'm happy to answer any questions or comments from the

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virtual audience i see no handshare planning commission good afternoon mr chairman members

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of the board, David Fecto, City Planning Commission, the comprehensive plan recommends no change to the

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residential single-family zoning at this location. The applicant's proposal closely mirrors the

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development pattern of the surrounding block, and the applicant has shown that a clear hardship

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exists that would prevent them from using their property in conformance with the zoning code.

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So the City Planning Commission recommends that the board grant the proposed variances.

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Thank you. MI 2022, 002-886-2309-33 Carpenter 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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Ishmael Shaheed, my vote is yes.

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Okay. Thank you, counsel.

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Thank you very much for your time today.

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Number 19, MI-2022, 002763, 1930 South Broad Street.

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Alfred Fiscaldo is the attorney.

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Letter of support from Councilman Johnson.

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Signs had received approval from the Art Commission.

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Letter of support from South Broad neighbors.

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counsel could you state your name and spell for the court reporter please yes mr chairman alfred

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fiscaldo f as in frank u s as in sam c a l d as in david o right do you swear or affirm to tell

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the truth the whole truth nothing but the truth i do um could you identify your client in relationship

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to the property yes i represent clinical care associates of the university of pennsylvania

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health system they are the tenant at the property a tenant at the property okay mr hallman could

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you ask the appropriate questions please good afternoon good afternoon do you agree the reading

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of the refusal and simulating to its accuracy yes did you email all of the exhibits and documents

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as required such as proof of ownership tax clearance copy of refusal or referral picture

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or drawings of the property five days in advance of this hearing and did you meet with the rco

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and do you have a letter yes to all please receive and share your screen thank you i i have i have

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shared my screen hopefully everyone can see it it's up you're good perfect uh thank you um this

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This is an application seeking variance relief to permit the installation of two projecting

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signs at the Penn Urgent Care Facility at the property.

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The variance will permit the signs to extend above the second floor windowsill line of

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the building.

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The property is located surrounded by Mifflin Street to the north, South 15th Street to

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the west, McKean Street to the south, and Broad Street to the east, and the locations

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of the signs are at the northwest corner of uh mckean and broad street here at the at the lower

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right hand corner of the screen one sign on broad street one sign on mckean street the applicant

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operates in urgent care at the property in about 5400 square feet of space these signs

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shown here are for the purpose of advertising the location of the urgent care facility

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both on McKeon Street and on the Broad Street sides in order for families and patients of

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families traveling to the urgent care vehicles to be able to better identify the location

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