civus
Hearing video

ZBA Hearing - September 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 20, 20235h 43m

because of the facades that...

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I mean, it's pretty detailed.

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It was run through a historical commission with a lot of back and forth because this

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is an historic corridor.

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And if you've read the Inquirer recently, Ms. Judith Robinson is very prominent in that

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neighborhood, trying to save as many historical properties, many owned by Black professionals

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on Diamond Street and in the surrounding area.

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and she was very, very supportive.

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And that's why she said her letter of support

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would indicate that it was a strong letter of support

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and it is quoted in the letter itself

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being as the chairman described it,

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where the asterisk is a strong vote of support.

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These are photographs.

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This is an existing property in the middle.

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My client's properties are to the left

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and right of this structure.

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You can see they're under construction.

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But we have not started the front facade.

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And the reason we started the building is because it is a by right five unit project.

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But as the floor plan was laid out, it became obvious that the building was so large that another unit really would make sense.

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And it would make it compatible with the other buildings that are on the block.

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Again, just another photograph of 1825 to the left, 1829 to the right.

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and in the middle is 1827 these are photographs of the posting of the

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notices you can see the orange placard in the front of the building and these

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are the plans as I said this is a rather large lot we don't have any issues with

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height open space or rear yard basically we have six apartments we have one

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apartment on the basement and first floor front basement and first floor rear third is on the

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second floor front third floor second floor rear then the fifth and sixth is on the third floor

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front and third floor rear we have no roof deck and what you'll be able to see from the plans is

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while we have access from the front door we also have an alleyway leading down to basically the

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middle of the building. And these switchback steps help the tenants or future tenants

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to gain access to the upper units. And you can see the stairwell is repeated at first floor,

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second floor, and third floor. This is a site plan indicating we have approval from the water

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department. Again, it is a rather large lot in terms of depth, over 100 feet. And we also have

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a wide area in the front, over 20 feet.

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I just want to spend a few moments, if I can, here, Chairman, on the facade.

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I don't usually do this, but because of the support of the community group

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and the historical commission, I think it's pretty significant to show the board the detail

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that is going to be part of the facade of both of these structures.

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Again, this was an historic area.

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My clients took photographs of what the buildings used to look like, met with the Historical Commission virtually through a number of email exchanges.

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And over time, the Historical Commission was accepting the design as proposed, actually proposed by them in terms of the windows and the pediment heads, as well as the facade at the lower level.

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detail above the windows. Again, some cast stone would be here to mimic the brownstone of years

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past. We also have cast stone windowsills. And what was raised at one of the community meetings

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is, you know, why do you have pediment heads over all three windows and, excuse me, two windows and

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the one door on the first floor and on the second floor, but nothing over the window to the left?

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The answer is that's what the photograph depicted.

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So we basically mimic the photographs from yesteryear.

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And basically you're gonna have a facade

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that was in place in the 20s and 30s.

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And both buildings again, are gonna have the same facade.

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They're gonna have the same floor plan layout

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and the same side alley access

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to get to the switchback stairs that lead to the upper units.

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again this is just a site plan uh but i wanted to show you this because we have approval from

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the streets department because again there's a window well in the front of the house

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that imposes upon the sidewalk it doesn't extend beyond where the stairs project from the front

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first floor elevation but we need a streets department approval from that for that we also

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First floor elevation, but we need a streets department approval for that.

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We also have L&I approval for the entire project.

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So...

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The remaining documents are the typical documents you would see in an application.

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Henry, just out of curiosity, L&I's approval is for the six units?

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No, no, their approval is for the floor plans, the elevations.

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Okay, all right, okay.

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That there's no open space issues, height issues.

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Okay, all right. Fine. Thank you.

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I didn't mean to infer that, so thank you for that question.

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This is the tax certification that we do have.

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The zoning map indicating that this entire row is RM1.

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The deed.

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Our notice letter.

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And then these are the documents.

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It's a zoning record.

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I just wanted to point out to the chairman that 1827,

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which is the property between our property, is zoned for seven units.

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That was the one existing brownstone.

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This is the property down the street.

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This is also 1827, excuse me, again, indicating seven units.

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This is 1821, 1823.

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This has eight units, eight family dwelling.

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And these are the historical commission approvals.

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Again, very detailed requirements for windows.

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And the green stamp is typical of the stamps issued by the historical commission.

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And we have the same approvals for 1829.

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so even the moldings that surround the windows

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have to be approved by the historical commission

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the details

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even the hardware the latches on the window

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we had to run that by the historical commission that had to be approved

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So, there are the approvals for both projects, and I think that's why, in part, why the neighborhood group, Ms. Robinson, strolling supported this application.

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So, in summary, this is a situation where we have existing structures, which the floor plan easily would accommodate a sixth unit.

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We're coming to the board asking for that sixth unit.

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We have all the necessary approvals in place, streets, L&I, as well as historical.

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We have a unique circumstance here on Diamond Street, which was a historical corridor.

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It's multifamily in between these two buildings in excess of what we're asking for,

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as well as adjacent to this property on the east side with units in two more units than what we

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have. We're not altering the essential character of the neighborhood. We're actually bringing

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back an historical facade that is in harmony with what the neighborhood wants. It's in harmony with

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the code. And we're not really affecting any latent error or development of any adjacent

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and properties. And with that, I ask that all my submissions be admitted, and that I'd be

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permitted to have my client adopt my testimony. Yes, you can, and please bring your client on.

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Mr. Boyce, can you unmute yourself?

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Jerry, can you raise your hand and unmute yourself?

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i know he's on the call mr chairman yeah he's there he just needs to unmute

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jerry please unmute yourself can you hear me now yes we can sir could you state your name

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please and spell for the court stenographer sure gerald boyce g-e-r-a-l-d last name boyce b-o-y-c-e

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right do you swear or affirm tell the truth the whole truth nothing but the truth

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I do. Proceed, counsel. Mr. Boyce, you heard my presentation concerning 1825 diamond in conjunction with 1829 diamond. Is that correct? Yes. And you were on the entire call? Correct. And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct? Yes. Thank you, Mr. Boyce.

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Hi, questions from the board.

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no chair no mr chairman thank you questions or comments from the virtual audience

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no hands chair planning commission morning chair bergman this is ian hegarty

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Good morning, Chair Bergman. This is Ian Hegarty, appearing on behalf of the Philadelphia City Planning Commission. Last name spelled H-E-G-A-R-T-Y.

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appearing on behalf of the philadelphia city planning

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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, sir, I do.

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Please proceed.

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All right. Thank you, Chair. Good morning, Board members.

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The comprehensive plan recommends no change to the existing RM1 multifamily zoning at the location of either of these appeals.

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The proposed use variances for a dwelling unit count are minimal and do not conflict with the purpose and spirit of the zoning code.

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And the proposed parking variance is supported by a hardship stemming from the size and shape of the existing buildings.

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City Planning Commission recommends that the Board grant the variances for 1825 and 1829 Diamond Street.

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Thank you.

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MI 2023-001-377-1829 Diamond Street.

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And MI 2023-001-370-1825 Diamond Street, I vote yes to both.

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Thomas Holloman, my vote is yes to both.

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Ishmael Shahid, my vote is yes to both.

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Thank you.

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Thank you.

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Good morning, Mr. Consul.

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he has been promoted it looks like he dropped off

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can you hear me good morning Mr. Consul please state your name and spell for the court stenographer

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Joseph J-O-S-E-P-H last name Consul C-O-N-S-O-L-E right do you swear a firm to tell the truth the

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whole truth nothing but the truth I do could you identify your client in relationship to this

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property. Yes, my client is Kurt Breisheis. He is the tenant of one of the units in the property

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that we're here to discuss. Okay, our vice chair has just a few questions.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to

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exact accuracy? I do. Have you emailed all the required documents and exhibits that are needed

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and required to proceed with this case five days in advance of this hearing? Yes. Thank you. Please

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proceed and share your screen okay my packet come up

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all right good morning everyone uh we're here on 1241 east erie avenue uh kurt my client is

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a tenant of this large um sort of industrial warehousey space uh that um he is seeking to

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have approval to use as a body art studio that's his profession and we are in a icmx zoned property

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so we're here for a special exception we met with the juniata park civic association

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on september 11th they wrote us a letter of support it was a good meeting uh i believe

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kurt's gonna be a good member of their community everyone seemed excited to have him proof of

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mailing here's the space as i said it's an industrial space uh it's got uh some hairdresser

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type places in there um you know kind of like just different mixed commercial uses in there

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and um the spot he's using which we highlighted on the attached site plan is going to be uh a

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tattoo body art space so there's no outward facing spot no nothing that faces the street

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it's all inside that building and it will be an appointment-based space as he has a following

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of folks that um are eager to make appointments with him and he's eager to help him out so

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So he's got a lease, which the first year is up in December, and then he's got another year through the following December.

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So he's got a lease, which the first year is up in December.

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And here are some examples of his art.

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So he's been under a lease for a while now while we've been going through this process.

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I'll leave it at that. I'll call Kurt to raise his virtual hand.

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are they allowed to speak i'm here all right sir could you state your name please and spell

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for the court stenographer my name is kurt breysheis my first name is k-u-r-t and b-r-e-c-h-e-i-s

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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Yes.

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Please proceed.

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Good morning, Kurt.

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Did you hear my presentation just now about your proposed special exception?

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Yes.

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Do you agree with what I said and do you adopt it as your own?

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Yes.

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All right.

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I have nothing further.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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No hands, Chair.

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planning commission thank you chair bergman ian hegarty for the philadelphia city planning

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commission board members the proposed use is not likely to have impact impacts beyond what would

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reasonably be expected from this use at this location and so the city planning commission

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recommends that the board grant the special exception thank you mi 2023 zero zero one

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excuse me mr mr chair i just had a quick question for um mr consul

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yes so um should there if the board grants mr consul should there be a proviso limiting this

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to the specific unit that the tenant is is um is leasing yes yes i would agree with that yeah

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okay and is is that unit 211 do i have that correct uh kurt are you still on the call

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i believe you're correct uh from what i saw on the site plan i just wanted to confirm

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he's still there is he still here up here yep there he is

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kirk could you confirm the unit number it's on 211 thank you sorry thank you so mi 2023

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001-347, 1241 East Erie Avenue, I vote yes. Proviso, limiting use to the specific unit,

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unit number 211. Thomas Holliman, my vote is yes with proviso. Ishmael Shahid, my vote is yes

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with proviso. Thank you. Thank you. Number 10. MI 2023-001-373-210 East Gerrard Avenue.

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Letter of support from the Fishtown Neighbors Association.

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Letter of support from Fishtown Kensington Area Business Improvement District.

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Good morning, Mr. Chair.

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Good morning, Mr. Clinton.

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You've already been sworn.

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Just state your name for the record, please.

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Sure, Henry Clinton.

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Could you identify your clients and their relationship to this property?

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Sure.

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My client is William Zhu, Z as in zebra, H-U.

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He is both the applicant and the owner of the property, and he is on the call.

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