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Hearing video

ZBA Hearing - March 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 3, 20214h 25m

identify yourself with the record, spell your name, and provide us with your address.

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Hello, my name is Karen Javaruski. My last name is spelled J-A-V as in Victor, A-R-U-S-K-I.

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I am here to represent our FNA, Fishtown Neighbors Association. I'm a board member and also on the

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zoning committee of the organization we're going to tell the truth the whole truth nothing but the

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truth yes sir thank you ma'am please proceed okay so um we did have a large community meeting and we

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Okay, so we did have a large community meeting, and we have listened to our neighbors regarding their concerns for the property.

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have

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And I just want to lay this out kind of in layman's terms and in practical terms.

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So there are some safety logistical and parking related issues that we think are are presented by by way of the density.

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If you were to look a little further up the street on Girard, it's a pretty this is a pretty busy street.

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Just up the block, we have Aramingo and Girard coming together. So, you know, there's somewhat of a safety issue there at this time. And then as you move on to Berks, Berks becomes a one-way street.

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So there is some concern about there not being parking here to accommodate for the additional density.

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If you were also to look a little further up Berks, the diagram would show you that there is a property similar to this that's being built.

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it's it does not contain residents at this time and it also does not have parking at this time

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okay have you concluded yes okay thank you thank you anyone else would like to testify

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Mr. Chair, there is someone

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by the name of Beer City

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with their hand raised

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if you wish I may allow them to speak

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Yes, please

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Hello

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Hi, sir, your name, full name

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My name is Javed Hashim

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H-A-S-H-I-M

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And swear and affirm

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to tell the truth, the whole truth

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nothing but the truth

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Yes. Your affiliation with this? I am the tenant at the at the plaza right now.

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OK, please proceed. All right. I want to thank ZBA for giving me this opportunity to speak today.

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I am Beer City, a beloved business in the neighborhood. Beer City has been serving this community for 23 years.

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while I have been serving this great community for seven years.

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Beer City loves their community and wants to continue to serve them,

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but this project is destroying cherished businesses

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which provide jobs and necessary services to the surrounding community.

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This will create a displacement of the businesses in the plaza.

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The businesses are adversely impacted by the variants

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as a developer has no hardship to justify the variances.

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We have a petition signed by 731 community members

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who are opposing the project and still counting.

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And the RCO FNA opposes the project

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along with Councilman Mark Squilla.

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He also opposes the project.

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the proposal the proposal is also an overuse of the lot as it is within 600 feet of interstate 95

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or i-95 the height of the project is too high which will substantially impair an adequate

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supply of light and air to adjacent conforming properties the high density of the project will

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substantially increase congestion in the public streets. Let me interrupt if I could. Sure. You

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run the beer distributor. Do you live in a neighborhood? No. So all those things that

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you're pointing out just now will not impact you personally, correct? Other than the loss of your

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business, which I don't minimize, but other than that, you will not be impacted. The community

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will be impacted. No, no. You have to speak for yourself. Right. Okay. All right. Okay. I'm not

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being flipped with you i'm just saying you would not be impacted other than the loss of your

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business which i can appreciate the height and the density will not impact you personally because

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you don't live in the neighborhood correct right anyone else would like to testify in this case

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please raise your hand mr chair i have a john scott with his hand raised good afternoon mr scott

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Good afternoon, Mr. Scott. Please identify yourself with the record.

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Please identify yourself with the record.

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Because he was like you.

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Hi, can you hear me?

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Yes, please identify yourself with the record name and address.

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Yes, thank you. Good afternoon, Mr. Chairman. John Scott, 456 Moyer Street.

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You're wearing a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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moyer street is what just north of gerard it is one block north unless there's a flora street yes

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but i'm actually a block to the southwest as well thank you this is the 700 block i'm on the front

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block um thank you again uh so i do want to make a couple of kind of technical points here

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I was at the F&A meeting, of course. The F&A is the coordinating RCO on this project. And I want

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to point out for the record that the Fishtown bid, while they are also an RCO, they don't

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represent the residents. They only represent the businesses. So that is maybe why there's

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some disagreement there between the F&A's opposition and the bid's support. And I wanted

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to make that point clear. I'm familiar with that. Thank you. Okay, good. Thank you. The other thing

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I want to point out, I think Karen mentioned it, but this particular block is not really a well

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walked area of the neighborhood because of its proximity to I-95. And this building likely won't

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change that. We do have some commercial space nearby there that's brand new and it is still

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vacant. And I don't think that this building really makes that block any more walkable because

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it is right off the highway. It is very loud. You know, there's a lot of traffic right there

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to begin with. I want to point out that the neighbors overwhelmingly support the existing

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businesses. A lot of our neighbors work there. A lot of our neighbors shop there. You know,

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we were kind of ridiculed for it being beer and donuts, but that is, you know, those are

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functioning businesses. They've been there a long time. And I agree that there's not really a

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hardship. If those businesses are functioning, they don't need to be torn down and replaced

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with something that may be vacant for a while. So it is very important to the neighbors to have

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those businesses there. We don't consider it to be an underutilized site. We consider it to be,

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you know, a perfectly functioning site. It has parking, which, you know, every now and then

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people drive to the Dunkin' Donuts. So we don't consider it to be underutilized in its current

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form. And we do consider the proposed project to be an overutilization. Notwithstanding that

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some of it may be by right, the project as proposed is overutilizing that location.

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So I do want to, like I said, I want to reiterate that the neighborhood was overwhelmingly

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opposed to the removal of this business and the overuse of this site thank you i understand i

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appreciate it but just my two cents there's no guarantee that those businesses will stay

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i mean businesses change all the time yes we're not going to be able to guarantee that those

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businesses regardless of this project or any other project that may get presented that those

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businesses will remain unless unless the beer the beer distributor guy bought the place then

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And obviously he can stay there as long as he wants, but there's no, again, there's no guarantees, but thank you anyway.

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Thank you for your testimony.

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Anyone else?

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Mr. Chair, I have a Vanice Whitaker with her hand raised.

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If you wish, I can allow her to speak at the time.

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Yes, Ms. Whitaker, please identify yourself, spell your last name, and I would appreciate if there's something new and different.

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Name and address, please.

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Sorry.

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This is Denise Whitaker, 1468 East Will Street, Citizen Planner for the Fishtown area.

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Ms. Whitaker, could you spell your first and last name, please?

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I'm sorry, yes. It's like Denise with a V, V-E-N-I-S-E, last name Whitaker, 1-T-W-H-I-T-A-K-E-R.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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And I interrupted you.

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Please explain who you are.

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Sorry.

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Besides a resident of Fishtown, I'm a citizen planner.

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I'm going to make this short and brief.

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I support everything that John Scott had said.

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I further on, I stand in unity with Beer City.

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It is a longstanding business of color that has been there through the toughest times and the best of times in Fishtown.

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Developers, when they're putting new construction in sight, they can make arrangements with existing businesses in our neighborhoods.

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instead of driving them out, which normally happens.

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instead of driving them out, which normally happens.

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So there could be an arrangement made with beer.

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So there could be an arrangement made with your city

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to make sure he stays in existence

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and continues to support the neighborhood.

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That's all I got.

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Thank you very much.

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I concur with your statement,

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but that's a decision between the developer,

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obviously, and the tenant.

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If they can come to an agreement, that's fine,

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but that's really not for us at the zoning board.

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But we appreciate your testimony.

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No, I know, but it kind of just should impact

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in some ways that, you know,

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So I understand from your decision-making, it can't be.

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I just wish that we had developers

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that actually wanted to develop in the neighborhoods

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and not just come in and come out.

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So I just feel bad for this business.

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I really do.

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But thank you for the time.

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Understood.

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All right.

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Anyone else?

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Something new and different.

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There are no further hands at this time, Mr. Chairman.

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Since there's no one else,

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um mr feibusch does have uh 20 seconds to discuss exactly what's been raised about beer city

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and i think it highly pertinent to uh to the comments that have been raised okay be extremely

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brief thank you mr feibusch are you back on if you can hear me yes yes tremendous thank you so

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i have an agreement of sale to purchase the property uh it was presented to me as it was

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to be a vacant property. And I've obviously been caught a little bit off guard, both at the

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community meeting and here in front of the zoning board with respect to the tenant that desires to

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stay. I've been given different information. I'm happy to stipulate under oath here that I would

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give your city the first opportunity to lease the space. I'm happy to accept that as a proviso if

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it's an appropriate forum. But certainly if there's, I don't have a tenant in mind for the location.

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We're designing a space that we hope can accommodate the most robust use here.

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But I'd love an opportunity with a tenant that might be interested and viable in the space.

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And we're some ways away there, but I'd certainly not only be open to it, but would embrace the notion that I may have a tenant that both the neighborhood supports and that can do well here at this location.

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I thank you for that. And I think that's a good gesture, obviously.

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see. Were you, when you were, the purchase of this was based on, you said you thought it was

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all vacant? Mr. Chairman. The leases are running out, I assume. I have not, I have not purchased

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it yet. I'm under contract to purchase it, but that was communicated to me. Yes, sir. Okay.

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All right. But I can't, we appreciate the offer and your sensitivity to the community.

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I don't believe it's anything that's enforceable though, through the zoning board.

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thank you but we do appreciate that and i know you're a developer and you probably want to do

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more business up there at some point so it's it's good to create those relationships all right

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planning commission uh ron bednar city planning while this property is currently indicated for

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commercial use on a city plan additional multi-family residential along this quarter

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supports one of our major comprehensive plan goals of directing new mixed use development

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to locations that have close proximity

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to multimodal transportation facilities.

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Project did complete the CDR process

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and therefore we support the granting of the variance.

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Thank you.

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Sean, I got him a little bit later.

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Were there any revised plans?

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No revised plans, Chairman.

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Okay, thank you.

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MI 2020-003385, 701 East Gerrard Avenue.

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My vote is yes.

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my vote is yes my vote is yes my vote is yes my vote is yes okay thank you it is now 4 30

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we're uh we'll come back for the beginning the 3 30 list in 15 minutes we'll be back

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you'll give everyone a few minutes

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and i believe we should be good to go sir they're all here

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thank you good afternoon everyone my name is Frank DiCicco I'm the chair of the zoning board

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of adjustment I'll be participating in today's hearing along with our vice chair Ms. Carol

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Tenere board secretary confessor plaza and board members Mr. Thomas Holloman and Mr. James Snell

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board administrator Mr. Jason Hand and our board attorney Ms. Rebecca Cole are also in attendance

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that

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by participating, you acknowledge your agreement to be recorded, and this recording will be

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And this recording will be available to the public on the web or otherwise.

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available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat. For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue. I'll repeat that also.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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and i'd like to remind everyone please do not attempt to testify in the chat

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all comments should be directed to our board administrator mr jason hand

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with that i will read off the list of the continuances on the 330 hearing list number one

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mi 2020-002744 1507 spring garden street number two on our list

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