civus
Hearing video

ZBA Hearing - July 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20215h 54m

with your client regarding those?

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Ms. Pritzker, I actually emailed you last Friday

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and requested not just your revised plans,

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but all exhibits and plans that you intended to rely upon

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and support this application.

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You only sent me the revised plans.

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You didn't send me any other documents

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as I had specifically requested,

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even though I had provided each and every one exhibits

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we intended to rely upon.

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I'm asking you if you saw the revised plans,

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if they were provided to your client,

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and if there was anything based on those revised plans. That's what I'm asking.

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I'm sorry I didn't hear that. Mr. Toner, I didn't hear your response.

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If that's even a question, I answered her that I received her plans and she asked if I asked for

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other documents and I told her that I hadn't. I asked if you had shown them to your client and

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if you had asked me any questions regarding the revised plans is what I asked you, and then you

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started speaking about the hearing package. Well, now you're just adding more content to what you're

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asking. Okay. With all due respect, I believe the adjacent extra neighbor, which was Leslie

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Pritzker, is on as well and has her hand raised. She lives at 748 South Cleveland. I have no further

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questions. Thank you. Before we go any further, Leticia, do we have a lot? How many hands are up

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this case it was one i think just one just one yes okay thank you okay so we'll recognize the uh

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the other witness

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miss prisker you can um unmute yourself yes can you hear me yes yes

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spell you spell your full name leslie pritzker l-e-s-l-i-e-p-r-i-t-z-k-e-r

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where from to tell the truth the whole truth nothing but the truth

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i don't are you related to uh rachel yeah she's my sister-in-law

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well i remember i had a case on the street before you swear for him to tell the truth

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the whole truth nothing but the truth yes please proceed aside from being my sister-in-law which

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is not relevant at the moment she is the owner of uh one of the owners of 748 south cleveland

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which is directly adjacent to 746 south cleveland which we're here to and i just wanted her to be

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able to put her sentiments about the project on the record as i wasn't inferring anything it was

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Yeah, I just wanted to say I'm the owner.

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yeah i just wanted to say i'm i'm the owner the next door neighbor of 746 i'm 748 south cleveland

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and uh i support this project and i also wanted to note that um the neighborhood there's a couple

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other houses doing the same thing and uh i've already put in my request to do that as well so

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i just wanted to say that's um i'm in support of that thank you thanks leslie any other witnesses

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no more hands here thank you planning commission

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this is uh ron bednar city planning

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property is indicated for single family residential use on the city plan based on the revised plans

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we recommended the request of variance program i think i did ask the board i'll just re-ask it

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again. Was there any questions from the board? No. Okay. No. Thank you. MI 2021-001-271-746

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South Cleveland Street. My vote is yes with the proviso revised plan. Is it one page? Yes. One

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page approved today. Thank you. Yes with proviso. Yes with proviso. Thank you. Go back to case

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number four mi 2021 that's 001 266 4542 green street i apologize for the delay miss pritzker

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had another occasion excuse me chair i'm sorry to do this but we actually have another request

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and i apologize to mr anastasio but sean whalen also has an rco meeting that he has to get to

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is there any chance you could go from cleveland street to let me ask you let me ask you if mr

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anastasio has any zoning meetings to go to you know sorry verne um it is not expected to be

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lengthy the next this hearing all right thank you so we'll go to number six mi 2021-001322

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to 813 North Broad Street.

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He's coming in now as a panelist.

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Good evening, Chairman.

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It's Sean Whelan here.

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Whelan, please identify yourself,

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spell your name and I'll square you in.

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Sean, S-E-A-N, Whalen, W-H-A-L-E-N.

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We're a firm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you.

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And do you agree to waive and stipulate to the accuracy of this application?

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Yes, I do.

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Have you emailed an exhibit packet with the required documents, including proof of ownership,

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proof of tax compliance, a copy of the refusal or referral, and photos of the property and

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or plans of the property five days in advance of this hearing and have you met with the rco and

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do you have a letter yes we have to all thank you sir please proceed and if you can summarize it

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would be helpful there is a letter of support from the 14th ward democrat executive committee

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yes uh thank you very much chairman i appreciate your indulgence and thank you mr anastasio i

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promise to be very quick. I will share my screen. This is a matter for 813 North Front Street,

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or sorry, North Broad Street. That map didn't come out very well, but here's kind of just an

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indicator of what it is. It was a former gas station right at the corner of Parrish Street

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and North Broad Street. The underground storage tanks have already been removed, and the application

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is to demolish this and to erect a four-story building with 63 units and 13 parking spaces.

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In just trying to skip ahead, there are no refusals or variances

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for this project. This is only a single issue special exception. Under the code,

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because this is a CMX4 property, we are required to show that a surface parking lot and new

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accessory parking is not more detrimental than would otherwise be expected. Here you can see

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this is the special exception just you can see it we have one. This is the zoning plan. Basically

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right now you've got hundreds of feet of curb cut essentially the entire length of both streets

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because it was a gas station. All of those curbs will be re-established and there will be one curb

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cut 20 feet wide off of Parrish Street. Cars will enter here.

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20 feet wide off of Parrish Street. Cars will enter here and I can zoom in on this so you can

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see better. The parking spaces are here and then there's one open area courtyard with five parking

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spaces there. None of the parking in the courtyard will be visible. Here's an example of a rendering

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along broad street um there will be a fence and a wall blocking along with landscaping blocking any

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of the cars in the opening here's an uh all right sorry just uh blocked your view of

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the project this is a view of the parking garage it is you know just that one gate the cars will

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go in and out of there and will not be visible in any way shape or form so we believe that there is

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no detriment again this is just a zoomed in view no detriment to the

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neighborhood that would be caused by accessory parking on the first floor or that open air

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parking whatsoever. And with that, I can conclude and just ask if you could call

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Ms. Agata Reister. Oh, I do apologize. We have a letter from the 14th Ward RCO,

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And I believe Ms. Diane Davis is on the line. We accept their provisos. They're not actually zoning provisos, but we accept and were approved by CDR with these two uses that any brick we use will be read and all trash will be stored in the interior of the building and not visible to any passers-by.

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We also have a community benefits agreement executed with the RCO and have enjoyed working

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with them very much and look forward to continuing to do so. So if you could call Ms. Agata Reister.

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He's available for you, Chair. Thank you. Please identify yourself,

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Ma'am, spell your full name, and I will square you in.

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Agatha Reister, A-G-A-T-A-R-E-I-S-T-E-R, and I am with Landmark Architectural Design.

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

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I do.

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Thank you.

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Yes, thank you.

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Ms. Reister, you're familiar with the project as being the expert architect and the project architect for this matter, correct?

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That is correct.

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And did you hear all of the testimony that I presented already?

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Yes.

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And do you believe it to be true and correct to the best of your knowledge?

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I do.

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And would you adopt it as your own?

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Yes.

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And finally, would you, in your opinion, do we meet all the criteria necessary for a special exception that there is no additional burden here from this parking greater than what would be normally expected?

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Yes, I do believe that.

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Thank you very much. Chairman, I have nothing further but would offer Ms. Reister for any

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questions from the board. Please excuse me, Chair. This is the court reporter. I had a very momentary

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crash. I don't know if anyone else had that experience as well. The very beginning of

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Mr. Whelan's questioning did not appear. I got a notice from Zoom saying the meeting has crashed

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and then it re-established. We can go over that briefly, Mr. Whelan? Certainly.

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Your first couple questions, sir, if you don't mind.

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I apologize.

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Certainly.

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So, Mr. Kelly, you have Ms. Reister as being, putting her name and address on the record,

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correct?

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I do.

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I'm sorry.

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Can I just interrupt for one second?

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If you need a recording of the session, we can email you that.

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Thank you.

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Pardon the interruption.

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Would that work, John?

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Yes, sir.

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Okay.

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Thank you.

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So, we can proceed.

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Any questions from the board?

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No.

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No. Anyone else would like to testify in this case? If so, please raise your hand.

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Yes, Mr. Chairman. I just have Michael Garnick, who I believe raised his hand. He's here on behalf of the applicant, and he would simply be adopting my testimony.

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Sorry about that. We'll get him on, and then we'll go to Ron.

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Sorry, Mr. Bednar.

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i believe mr garnick is on yes mr garnick please identify yourself spell your name and i'll swear

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you in michael garnick m-i-c-h-a-e-l-g-a-r-n-i-c-k you swear for him to tell the truth

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the whole truth nothing but the truth i do thank you mr whalen all right thank you uh mr garnick

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Thank you, Mr. Whalen. All right. Thank you. Mr. Garnick, you're here on behalf of the applicant,

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you're here on behalf of the

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correct? Yes, sir. Okay. And have you heard all of the testimony that's been presented so far

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today? Yes. And do you understand it to be true and correct to the best of your knowledge? Yes.

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Thank you. And would you adopt it as your own testimony? Yes, I would. Thank you, Mr. Garnick.

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Chairman, I have no questions for Mr. Garnick. If the board would have any, I'd be happy to

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offer them up now. I'll ask again any questions from the board? No. No. Anyone else to testify

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in this case please raise your hand. Yes Chair we have Diane. Hi how are you? Diane you have to speak

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up you're you're uh you need to speak up a little bit you're muted you're coming in very soft

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hello miss monroe can you hear me now i can please identify yourself and i'll swear you okay

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diane monroe i want to say thank you so much miss monroe miss monroe just spell your last

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name for the record i'm sorry m o n r o e do you swear and affirm to tell the truth the whole truth

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nothing but the truth yes i do and i appreciate you i appreciate you taking this case i do have

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RCO open community

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meeting at 6 o'clock.

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We

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and

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any

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comments against this

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project. Ms. Monroe,

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unfortunately, you're breaking up.

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Do you have another device

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on?

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You have to shut one of the

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devices up.

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No, it could be

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in my computer.

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Unfortunately,

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okay you do have our letter of support okay all right thank you thanks diane have a good night

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thank you you have a great one anyone else to testify

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no more handshare thank you planning commission this is ron bednar city planning this property

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indicated for centered city commercial mixed juice on the city plan. On July 6th the applicant

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successfully completed the civic design review committee was in full support of the proposed

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green wall as a way to reduce the impact of urban heat island effects as well as the applicant's

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applicants designed to explore drip irrigation use and recycled water. Based on the revised

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plans, we recommend that the requested special exception be managed. Thank you. I do have one

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question. Do we not have any correspondence, Sharon, from Council President Clark?

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sharon yes i'm sorry i'm checking now um this is his district i was curious if he had any

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correspondence i don't have any record of having received anything okay thank you thank you mr

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whalen is there a revised plan uh no chairman there's no revised plans okay thank you just

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want to double check thank you am i i would make that mistake myself mi 2021-001-322-813

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north broad street my vote is yes my vote is yes my vote is yes thank you thank you all very much

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for your indulgence to see we can go to green street now well hopefully mr anastasio has been

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texting me he's in a thunder and lightning storm in Cape May at one point his power went out hopefully

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it's back on. Anastasio are you here can you hear us why don't we go to he's coming in now okay thank

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you good afternoon mr anastasio thank you for your indulgence you're an attorney it's okay sure

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you can appreciate what the other attorneys were asking us to do not a problem my power

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just came back on i hope it stays on please identify yourself and i'll swear you in it's

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Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut, Suite 1006, Philadelphia, 19107, representing

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19107 representing new beginning foundation i already and i do believe mr chairman i've

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New Beginning Foundation.

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already been sworn in from this morning and um do you agree to waive and stipulate to the accuracy

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of this application uh all but for the address um the the full address i you have 4542 green

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it's actually a double property it should be 4542-44 green

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noted thank you and do you uh have you emailed an exhibit packet with the requiring proof of

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ownership proof of tax compliance a copy of the refusal or referral and photos and or plans of

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the property five days in advance of this hearing yes and have you met with the rco and do you have

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letter i met with the rco the primary of the coordinating rco is faith community cdc uh they

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