civus
Hearing video

ZBA Hearing - July 21, 2021

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

This is a pretty straightforward application.

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what we plan to do is remove two existing large signage structures on Walnut Street in front of

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the Annenberg Center. These are old-fashioned ones where you open up the door and put a poster

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inside. We propose to remove those and replace them with two illuminated signs, one on 37th

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street walkway one on walmart street and one flat wall illuminated sign on 37th street walkway we

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got five use refusals because digital signs are not permitted in the spins district and one

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use refusal because it is within 200 feet of an intersection even though this intersection

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is a private street 37th street walkway on the south side of walmart um i think the best thing

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is with me, I have Seth Cohen from VSBA Architects, who's the project architect, along with Matt

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Yoder and Chloe Rison. I think Seth could just go through some visuals to show you what the

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proposal is and Chloe could make a brief statement about why this is important to the SACS program

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for Arts Innovation and the Annenberg Center. So if Seth Cohen is here,

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I think you need to raise your hand.

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Yes, he's available to speak.

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Yes, can you hear me okay?

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Yes.

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Can you put your name and address on the record and spell your last name?

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Yes, my name is Seth Cohen, C-O-H-E-N. I'm a principal at VSBA Architects and Planners.

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The address is 116 Schur's Lane.

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The address is 116 Schur's Lane.

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Philadelphia.

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Okay.

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Do you swear to tell the whole truth and nothing but the truth?

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Yes, I do.

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Okay.

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You may proceed.

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Great.

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Can I share my screen?

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Sure.

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Okay, are you able to see the images?

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No.

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Okay.

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Not yet.

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One second, he's coming back in as a panelist.

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Okay, can you see it now?

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no no

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excuse me um you could try stop sharing and then resharing actually it was just slow but it looks

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like it's coming up right now there it is okay wonderful um again my name is Seth Cohen I will

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try to be brief uh as Ira mentioned this is a pretty straightforward proposal we are proposing

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to remove two existing illuminated three-sided kiosks, which are located on Walnut Street.

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That's location number one, and we are replacing it with one double-sided animated

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illuminated digital kiosk. It's a relatively modest size. It's a 55-inch monitor-oriented

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portrait or vertically with both sides. Location number two, which you can see with my mouse here,

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is located on 37th Street, again a private street set back significantly from Walnut Street.

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That also is a double-sided kiosk. And then finally location three, you can see this yellow star,

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not even at all visible from the street is a single-sided digital monitor mounted to the

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masonry wall. I should add that the Annenberg Center is a relatively solid, except for this

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one image, masonry building with not much connectivity to the street and to the patrons

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and pedestrians and one of the goals of this new signage is to engage those patrons and those

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pedestrians for various current and upcoming events that occur within the Annenberg Center

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for Performing Arts. I should note that these kiosks are located you can see here along Walnut

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Street these are the existing kiosks that are to be removed and you can see this is a rendering

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of the one double-sided kiosk that is to be replaced. You can see it's out of the path of

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pedestrian travel. It's off of the sidewalk. It is not at all engaging with the vehicular traffic

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that's passing by and is really scaled to the pedestrian. The next location, location number 2,

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37th Street. This is the existing location. This entry is also very much set back from

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Walnut Street, and one of the goals is to try to activate and animate this entry. And you can see

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the location in red of the new proposed double-sided kiosk, and then a rendering that shows

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the proposed location. Same size, same orientation, again not at all engaged with the vehicular or

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pedestrian traffic on Walnut Street. And then finally on Annenberg Plaza, looking to the right

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you can just kind of see Walnut Street but it's really set back. This is the existing location,

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proposed location here is in red and then a rendering to show the future or proposed

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location for this single-sided kiosk or display. And I'm happy to go into more detail, but that's

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the general overview for the proposed locations. Thank you. Any questions from the board?

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i know i have a couple questions on yeah so um the signs you said it was off the sidewalk do you

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know that whether or not is out of the right of way yes it looks like it is but i i don't have a

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map of the right of way nope uh that is confirmed it is set back from the property line uh will you

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Nope, that is confirmed. It is set back from the property line.

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Will you use it for anything other than Annenberg related activities? Will there be any

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use it for any

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advertising or any other kind of messages on this besides what is happening at the Annenberg Center?

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I'd be happy to answer unless Ira wants to speak to that.

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I think Chloe would be the right person to answer. The answer is actually no.

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but it's strictly I mean Chloe can adopt that but um it's strictly related to the Annenberg

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uh performances at the Annenberg or other arts um activities that are happening on campus

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no commercial use. Okay and although this doesn't relate to this environment I believe you're going

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to need to go to PennDOT because it's uh Walnut's uh state highway and it's visible from uh Walnut

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street so you'll probably need their permit as well after you get a zoning permit from the city

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no any other any other questions from the board

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maybe i just have Chloe make a brief statement yes please

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uh shall i stop sharing uh i don't know if if you need to for chloe to participate

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no is she seeing her screen also no

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then it's fine if you're still sharing your screen

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okay can you all hear me yes we can now would you please spell spell your full name and i'll

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swear you in sure my name is chloe chloe rizen r-e-i-s-o-n you can swear a firm to tell the

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truth the whole truth nothing but the truth i do yeah please proceed sure so um just briefly i'll

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say that our goals for the signage are really to increase public awareness of the annenberg center

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and its offerings, including more effectively communicating about programming taking place

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in the building and promoting better wayfinding, as well as to increase public awareness more

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generally about the arts of the university. So for example, and to answer your question,

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events taking place elsewhere in the arts on campus, such as Penn Libraries, ICA, or the Penn

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Museum to promote greater public engagement. These new digital signs would allow us to do that while

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also reducing the footprint of the signs themselves. There will not be other promotion.

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These will be used strictly for promoting the arts at Penn and not for advertisement.

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Thank you. Any other questions? Is there anyone else to testify in this case?

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no hands at this time chair thank you john monlike would you be uh feel a little more

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comfortable if we put a proviso in i'm fine okay you can but i'm fine okay thank you uh planning

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commission thank you chair nicole azamir for planning commission staff so the comprehensive

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plan recommends no change to the existing institutional special purpose zoning at this

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location. The proposal seeks to update signage for the existing use. Accordingly, we recommend

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that the board grant the requested variances. MI 2021-001571, 3600-90 Walnut Street. My vote is

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yes with the proviso. No commercial advertisement. All subject matter would be related to the Annenberg

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and Penn University activities. Excuse me, Chair, you can of course add any proviso that you'd like,

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but that is already a given because it otherwise isn't an accessory sign.

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So I'll withdraw that and we'll just vote as a yes. Thank you. Thank you. My vote is yes.

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my vote is yes my vote is yes it's number seven mi 2021-001857 401 north broad street

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meredith feliger is the attorney of record and cowl hill neighbors association

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sent a letter of support and councilman mark squilla sent a letter of non-opposition

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And she's coming in now and as a panelist.

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Good afternoon.

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good afternoon i'm meredith can you put your name and address on the record and spell your

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last name sure meredith ferliger f-e-r-l-e-g-e-r 1500 market street suite 3500 e with delworth

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paxton do you swear or firm to tell the whole truth and nothing but the truth i certainly do

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do you also agree to wave the reading of the refusal and stipulate to its accuracy

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,

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go to a center of plans to the property five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter?

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Yes, to all of the above.

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Okay, you may proceed.

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Thank you.

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Good afternoon, Mr. Chairman, members of the board.

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Again, my name is Meredith Ferliger.

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I am here today on behalf of Nerd Street Gamers,

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and they are represented here today by Anthony Perno,

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who I will bring up a little bit later just to adopt my testimony. Before the board today is

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401 North Broad Street. As you can see in the photo at tab 14 that I do have up on the screen

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right now, this is an absolutely massive building of nearly 1.3 million square feet that sits

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between Broad Street, Callow Hill Street, Noble Street, and North 13th Street. The historically

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designated building itself is quite interesting and is known as neutrality data centers.

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That is the East Coast's largest telecom server house. In fact, most of the country's East Coast

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internet traffic goes through this building. More information about the building itself

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and the unique history of it I included at tab 6 in your packet. Now as a result of this building's

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unique capacities, it's unsurprising that a tenant like Nerd Street Gamers came knocking.

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The application before the board today concerns the first floor of the building,

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which is slated to be occupied by Nerd Street Gamers.

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As you can see in your packet at tab five, and as I have up on the screen here right now,

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nerd street is an e-sport infrastructure company that has a national network of e-sport training

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centers tournaments event support and other gaming content so at this facility nerd street will be

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doing a couple things they'll be they'll be producing and distributing e-sport content

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they will it will also serve as what they refer to as a local host which provides state-of-the-art

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facilities for high-end gaming. Finally, the facility will also offer in-person and online

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tournaments and events. I'll briefly scroll through some of the renderings of what you can

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expect this space to look like once it is complete. So this is an actual photo of one of their other

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locations, and then this is what you can expect that this particular space would look like. So

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this is of course where they would be holding events where folks would come to watch some of

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the gaming and participate as they would. So the actual variance request before you today is quite

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minimum. As you can see in the zoning map at tab 7 that I have up on the screen, this property

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retained its I2 industrial zoning when the city remapped the area a couple years back as a result

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of the unique nature of this building's predominant use. As you can see, most of the surrounding area

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is zoned either CMX4 or CMX3. Prior to this application, Nerdstree was able to secure

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a by-right zoning permit to accommodate some of its use, which was described as artisan studios,

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office, and radio television recording services. The challenge lies with the aspects of Nerd Street's

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use that involve gathering of people for events, tournaments, gaming, things like that. As you can

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expect, the zoning code did not quite envision a Nerd Street type of use, so the closest use

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category that the examiner could assign here was as a nightclub or private club, which isn't really

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what's proposed here, but it was the closest category that they could lump this into.

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That, of course, is prohibited in the I-2 zoning district. So the hardship, of course, that we've

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described is simply that Nerd Street, the use is partially prohibited and partially permitted.

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The use itself is well in context with the high density surrounding area and will bring life and

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activity to a building that has very little active human use. It's also well in character

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It's also well in character with the existing use of the building itself, with a heavy focus on technology and communication.

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with the existing use of the building itself with a heavy

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We submit this as the least minimum variance that ensures all of NERD Street's use is captured and permitted appropriately.

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The proposal will not create congestion, impair light and air, or negatively impact surrounding properties.

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My full argument is captured in my memo of law attached at tab 9.

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As you know, Callow-Hill's excited letter of support is included at tab 13, and as you mentioned, we did have a letter of non-opposition from the councilman.

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At this time, I would ask the administrator to unmute Anthony Perno, and I will have him adopt my testimony.

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Anthony, can you put your name and address on the record, please?

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Yes, my name is Anthony Perno.

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Anthony, would you please spell your last name?

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P-E-R-N-O

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

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Yes, I do.

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Thank you.

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Anthony, you've heard all of my testimony before the board today. Is that correct?

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That is correct.

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And would you agree that testimony was true and accurate and would you adopt it as if it were your own?

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Yes, I would.

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Thank you. We'd be happy to take any questions you have about this relatively unique use.

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any questions from the board no no anyone else would like to testify in this case if so please

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raise your hand and there's no hands at this time chair thank you planning commission thank you

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chair nicole ozdemir with steep planning staff the comprehensive plan recommends a zoning change

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from the existing I-2 medium industrial zoning to CMX-4, the second highest density commercial

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mixed use zoning district at this location. The proposed zoning district would seemingly

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permit the proposed uses and accordingly recommend that the requested variance be granted.

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Thank you. MI-2021-001857, 401 North Broad Street. My vote is yes.

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my vote is yes my vote is yes

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i think carol is gone for the rest of the afternoon possibly thank you thank you thank

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you have a good uh number eight and nine on our list mi 2021 that's zero zero one seven two zero

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4223 Palton Avenue and MI 2021-001-612-4225 Palton Avenue. Mr. Bertil is representing both cases.

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There are, we have not yet, unless it's been received recently, letters from the RCO.

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That's West Palton and Saunders Park. Excuse me, Chair. We do have an email from

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Andrew Goodman of Councilwoman Gauthier's office saying the Councilwoman strongly opposes these

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projects. And we still have not, oh, this is Mr. Betts Hill, still have not received letters from

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the RCO. Good afternoon, Mr. Chair. I believe the RCO did actually email in a letter of

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opposition um either yesterday or uh the evening before um i imagine uh that that promulgated uh

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the councilwoman's email as well but i i can forward it over to uh mr leto all right i think

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they don't always copy me i did um send mr goodman a request that he forward them to me if he has

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them if you could send them to yeah no problem i'm more than happy to do that okay so we'll

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