civus
Hearing video

ZBA Hearing - July 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 30, 20255h 22m

I'm pleased to have the opportunity to represent Nike Retail Services, Inc., the lessee at 1617

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Walnut Street, the future home of the first Nike World of Flight shop in the United States of

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America. With me virtually is Jamie Sinclair, Associate General Counsel of Nike, Inc., as well

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as Andra Wooten, Project Manager, Andre Kim, Director of Retail Design for the Jordan brand.

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On the screen before you, we can see an aerial photograph of the subject property.

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As this board is no doubt aware, the subject property fronts on Walnut Street and runs

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through to Moravian Street, which is to the north.

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the property is located within the cmx 5 center city core commercial mixed-use zoning district

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the proposed retail sales of wearing apparel and accessories are permitted uses of record

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which have been registered at zp 2024 012054 along with certain excess

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012054, along with certain accessory signage that has already been approved, namely a non-illuminated

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sign above the storefront entrance, which you will see in a moment if the computer cooperates.

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there we go on the screen before you just to put this in context is a conceptual rendering

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uh an enhanced uh rendering of what you would see if you walked by walnut street today but a little

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bit beyond that in that it shows above the main entrance the approved uh logo for uh the retailer

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right above the door and as i said the underlying use for the entire property has been approved

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we're here today to ask for an additional accessory sign approval which i'll share with

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you momentarily and here we see some streetscape photos on the right the proposed world of flight

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is devoted exclusively to the air jordan nike brand the retail space encompasses the entire

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subject property two stories as you can see towards the left of the photo right

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by what had been New Balance is no longer it's about 7,000 square feet of

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retail space all Jordan brand and here's another photograph of the property if

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you were to walk by today work has been underway Nike is really excited to

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introduce this to philadelphia in the region so we're looking from the inside out beautiful windows

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but there are lots of layers of review here which is one of the issues quite frankly that that

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speaks to the hardship being philadelphia historical commission review to do this in a way that's

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sensitive to the historic resource as well as art commission review so you can see that we

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have a construction site uh that's being completed the application before the board concerns nike's

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request for placement of the air jordan jumpman logo uh less than two square feet in size which

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would be centered on the walnut street elevation gable here it is uh all the gable is all the way

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at the top the pediment of the property uh and the proposed signage the exclusive issue before the

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board is for a 17 inch 17 and one eighth inch wide by 16 inches high logo yes it's true what i'm

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saying it's the it's the one that is indicated with the letter a up at the top and i'll go over

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the notice of refusal and the reason that we're here it's a shame that nike had to wait so long

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but uh this is just a nuance of the zoning code uh here's the notice of refusal and um as as the uh

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lni document says the application concerns the erection of one non-illuminated accessory wall

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sign above the second floor uh windowsill of the subject property and pursuant to 14904

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one h of the zoning code variance relief is required if a wall sign is situated above

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the second floor windowsill a couple observations if i may regarding the appropriateness of

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variance relief under the law the property is located on the philadelphia register of

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historic places which in practice as the board knows restricts options for exterior alterations

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so in this case the placement of the proposed jump man logo has been reviewed and approved

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in concept by both the philadelphia historical commission and the art commission mr chairman

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you mentioned that at the start due to the concerns of both commissions i would respectfully submit

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that options for placement of signage are generally more restrictive here at this site

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then would be the case for properties not subject to philadelphia historical commission and art

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commission review particularly in such a generous zoning district as the cmx5 zoning district

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here is the signage detail once again the proposed signage is a mere 1.90 square feet

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the least minimum variance necessary to provide relief from the regulation at issue

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Why is this important to Nike and to World of Flight?

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There's nothing more important to the Jordan brand than the branding itself, and to let people know that here in Philadelphia, we're going to have a very special exclusive opportunity.

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There's nothing more important to...

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And when people look up at this beautiful building right over the door, they'll see it really restrained.

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You could imagine a very different sort of approach, a Times Square sort of approach.

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and but we believe that something more is needed and that this complements the design very nicely

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there is full support the project has been reviewed by the coordinating rco center city

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residents association which lends its non-opposition along with the support of council

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president kenyatta johnson i hope that this brief presentation has demonstrated that the proposal

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fits into the surrounding neighborhood, as evidenced by the support for the de minimis

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relief at issue, the first world of flight in the United States will surely be of benefit to

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our city, to the general public, and to the granting of variance relief requested within

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the spirit of the zoning code. And Ms. Sinclair is available along with the others, should there

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be any questions. Thank you. Do you want to have someone just adopt your testimony? Yes.

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Jamie Sinclair, would you please raise your virtual hand to be recognized by Chairman Bergman?

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She has.

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Bill will be coming back in as a panelist.

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Hello. Could you please state your name and spell for the stenographer?

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Sure. Hello. My name is Jamie Sinclair, first name J-A-M-I-E.

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last name Sinclair, S-I-N-E-L-A-I-R. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? I do. Please proceed, counsel.

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Thank you, Chairman Bergman. Good afternoon, Ms. Sinclair.

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Hello. Good afternoon. How are you today? Very well. Thank you. Thank you for joining us.

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Have you been present during the entirety of this hybrid presentation before the Zoning Board

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adjustment? Yes, I have. And would you adopt and affirm the testimony that I've offered as your

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own? Yes, I do. Thank you, Ms. Sinclair. Thank you. Question from the board. Yeah, I do have a

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question. So the logo itself won't be lit, but will there be any lighting that will shine on the logo?

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Mr. Johns, there's no light lighting that is proposed. Gotcha. Thank you. Certainly. Okay.

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I don't have a question. I guess I have a, well, it's sort of a query. This is awfully small. So if you're standing on Walnut Street and you're looking up, you're, how, and it's not lit.

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I can't hear you

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I said I guess

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I'm

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I'm just wondering

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this is so small compared

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to you know

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if you're standing on Walnut Street

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and you actually shave

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you can be able to

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I'm smiling

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because my

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14 year old

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and 18 year old kids

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say to me

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i why i if you know you know whatever right that acronym is thank you ms win and and i believe

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i i believe that the the hope is that people know that it's here but also

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right over the door there there is a there is one that's approved yeah but this is adding

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a nice uh touch to the top and we have gold color no it's uh it's a brush at all it's my

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understanding however there are lots of layers of review and it's not not necessarily appropriate

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for discussion before the zoning board but there's a greater policy question for the city of

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philadelphia about opening our doors to business and everyone has an opinion uh and there are those

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who have really wanted to focus on the historic architecture so we're doing the best we can

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i understand i understand that i mean i i'm not objecting right i'm just wondering if it's going

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to be you know if particularly if you're standing right in front of the building you're not going

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to see it if you're right in front if you're walking by across the street and you look up at

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the at the facade you'll see it and you hopefully you'll want to come in if you didn't know it was

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there exactly yes okay all right i have a question about the fasteners which i'm sure

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also came up with the historic review it looks like the sign is not sitting flush to the stone

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and so how is uh drainage or like water

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And so how is drainage or like water management going to happen around the sign?

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manage

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Well, it is not flush to the stone, which is actually a little bit better because it's designed to connect in as discreet a way and non-invasive a way as possible to protect the historic resource and allow water behind it and cleaning as necessary repair.

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it's it's a small space but enough to achieve those objectives okay

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questions or comments from our attorney uh no chair questions or comments from

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the virtual audience i do not see any hands raised at the time mr commission

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good afternoon chair members of the board michael gall with the philadelphia city

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planning commission the comprehensive plan recommends no change to the existing zoning

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of cmx5 commercial mixed use at this location the proposed proposal completed its civic design

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review in january 2025 the civic design review committee's advisory recommendations are not an

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expression of the city planning commission's recommendation or opinion regarding zoning

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variances special exceptions or other discretionary approvals associated with this proposal an appeal

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for a sign at the first level floor level was granted under zp 20 24012054 there are no other

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signs on this block on either side that are at this height the appellant has not demonstrated

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that the absence of the proposed second sign at the gable would cause economic detriment

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city planning commission therefore recommends the board deny requested variants for sign height

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thank you um mi2025 001 570 1617 walnuts street i vote yes michael johns my vote is yes

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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As a Chicagoan born in the 90s, I feel like I probably should have to recuse myself, but Tywin, my vote is yes.

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Let's not count her vote.

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Thank you, Mr. Chairman, members of the board.

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Number four, MI 2025-001-571-6948-50 Tarsdale Avenue.

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Vern Anastasio is the attorney.

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there's a letter of unanimous support from taconi civic five votes total including two

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near neighbors and a letter from council member driscoll the council offices in support of the

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rco's recommendation good afternoon mr chair council could you please state your name as

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spell for the stenographer yep it's verne anastasio a-n-a-s-t-a-s-i-o do you swear or

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affirm to tell the truth the whole truth nothing but the truth yes sir do you identify your client

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relationship to this property individuals harvey schmidt schmidt and michael daly for today

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um do you waive the reading of the refusal and agree with its accuracy

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i do why don't you start your presentation thank you

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members of the board mr chair we have a 113 page exhibit packet that i'm going to move into

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evidence i will not go through every page but this is in fact an application for a group home

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for veterans and specifically as i said for vets and from the love pray peace project

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Their information is included in my exhibit packet.

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It's a nationally recognized veteran services organization, and they help vets bridge the gap back into permanent housing solutions.

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And what we have here is going to be this property is a longstanding institutional residential property.

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property. It used to be part of a church complex, specifically a convent. For 70 years, it has

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served in some form or fashion as an institutionalized residential home. And that's

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based on the history that I also submit under evidence today. And with that said,

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the property, as you'll see in photos, it's impossible to convert at this point to a single

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family home. After all of that, as such, the community was happy that we were occupying it,

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and we got unanimous support from them as well as the council office, which is unusual for a

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use like this. So I think that speaks volumes. And with that, I'm going to go over the plans with you.

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I'm going to pull out briefly and then with questions we can zoom in.

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i'm going to pull out uh briefly and then with question

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This is just the overall site plan.

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Then we have the first floor here, which is lots of living space.

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There are one or two bedrooms on the first floor.

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but mostly living dining and entry hall living space an office the kitchen

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we got the second floor with bedrooms and baths and we've got the third floor

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with bedrooms and baths right there second floor is on the right bottom third floor is

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on the right top basement is mostly storage and utilities here's the photos

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Roof of posting, exterior,

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There's the mailing that went out to all immediate neighbors, inviting them not only to the RCO meeting, but to the community meeting.

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Sixty three individual households were mailed.

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Resulting in unanimous vote from Tocconi Civic Association came with a letter as well.

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So here's some of the information about the nonprofit that I had mentioned earlier about

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offering affordable and safe housing for vets, financial literacy, and veteran benefits,

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making sure that they connect those vets with those benefits.

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All of that is being moved into evidence.

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uh and hold on then we have the property history well-documented 70 years mostly

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some sort of residential group home convent

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and all of that is being moved into evidence as well

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and finally

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I wanted to just briefly

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show you some exterior

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shots these were recently

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as yesterday

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all nice and cleaned up

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we have a property management company

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who will be handling the

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exterior maintenance and upkeep

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of the property and we

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end with council member

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Driscoll's letter of full

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support

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because of the property's long history

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serving uses very much like this one

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because we have come to the community

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and explained our plan

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and have earned unanimous support

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because it would be physically impossible

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to turn this very large home

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into a single family dwelling

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that would be sustainable.

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I respectfully request

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the granting of the variance

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and as such,

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So I asked my client to raise his virtual hand.

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Before we move on, Ryan, could you handle the whole parking issue?

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I see there's a missing refusal for parking.

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