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Hearing video

ZBA Hearing - June 10, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 10, 20266h 49m

forward it to you that'll be great exactly and then we'll put it on for a vote that sounds great

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even better thank you thank you yep is there anyone in the audience who um their case has not

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been called no hands at this time chair leonard do you have anything for us oh you're just visiting

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oh okay all right thank you everybody see everybody at two o'clock

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oh okay all right thank you everybody see everybody at two o'clock

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good afternoon everyone my name is bill bergman and i will be

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chairing this meeting of the Philadelphia Zoning Board of Adjustment.

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With me is our Vice Chair, Tanetta Graham.

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Present, Mr. Chairman.

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Our Board Secretary, Sheila Elgaston, is right out here.

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She'll be in the door any minute.

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Board Member, Michael Johns.

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Present, Mr. Chairman.

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Kaia Nguyen.

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Present, Mr. Chairman.

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Ryan McAdams.

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Present, Mr. Chairman.

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Also, here is our Attorney, Hillary Emerson,

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and our Zoning Board Director, Ian Haggerty.

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this hearing is being recorded and will be posted on the zba website by participating you agree to

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be recorded this is an in-person meeting with remote participation whether in person or on

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zoom if you're called to speak state your name spell it wait to be sworn in and then after that

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state your name each time before you testify. To enter an appearance, indicate the property

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address on your Zoom webinar, speak with the staff member, call the ZBA office by the close

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of the business tomorrow, 215-686-2429, and leave your name, your email, and the address

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of the property in question remote participation raise your virtual hand when you were directed so

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that we can have you speak when we when we call you um you must click the join as a panelist button

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use the q a for procedural issues and not for cases

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If you are joining by phone, press star 9 to raise your hand and star 6 to unmute in person.

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When you testify, get closer to the mic so that all attendees and the court reporter can hear you.

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No talking, eating, or drinking during the hearings.

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Aggressive behavior will not be tolerated.

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In an emergency, follow the staff directions.

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the rear doors are the exit the main exit and to the left is the stairwell if we evacuate go to

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love park remain there so that we can account for you let's see what our schedule looks like this

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this afternoon?

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Let's see here, six, ten, oh, I got it, yep.

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number six MI 2026 000 810 200 North 50 A Street that case is continued until

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7-8-26

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at 2 p.m.

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Number 8.

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Number 8.

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MI-2026

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000

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834

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5900

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Lansdale Avenue

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T&E Establishment

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LLC. Are they in the audience?

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Good afternoon. This is Doreen, and I will be your co-host this afternoon.

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You said T&E?

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Yes.

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I do not see anyone with their hand up.

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There's also an Ida Alexander.

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Okay.

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this is the group seeking a withdrawal I see no one with their hand up yeah we we received

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the email correspondence indicating the applicant with wished to withdraw and provided them with

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instructions for how to do so on two occasions but we haven't received the request so so mi

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2026 000 834 5900 lansdowne i vote to dismiss michael johns my vote is to dismiss cheryl gaston

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my vote is to dismiss tennetta graham i vote my photos is dismissed ryan mcadams my vote is to

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Ryan McAdams, my vote is to dismiss.

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dismiss i win my vote is to dismiss and number 12.

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Ryan Wayne, my vote is to dismiss.

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And number 12, MI 2026-001-076-547 East Shelton Avenue.

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That case is continued to 7-8-26 at 2 p.m.

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Are there any other requests for continuance?

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I see no hands, Chair.

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So I'm going to go to our add-on list.

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Number one, MI-2025-003-385-4860, Lancaster Avenue.

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I vote yes to reconsideration and rehearing.

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Michael Johns, my vote is yes.

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No, this is a revote to add a proviso that was missed.

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Okay.

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It's not a request for reconsideration.

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Okay, so.

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yeah i see i see it what's the what's the proviso okay okay all right

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right so mi2025-003-384 no roof deck for a proviso

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michael johns my vote is go ahead that's good it's good uh yes yes with proviso

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cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso

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tywin my vote is yes with proviso number two mi 2026 000 188 555 to 57 north fish street i vote no

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michael johns my vote is no cheryl gaston my vote is no tenetta graham my vote is no

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ryan mcadams my vote is no iowen my vote is no number three mi2025-002-165-2815 north

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second street i vote yes to reconsideration and rehearing michael johns my vote is yes

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to reconsideration and rehearing

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cheryl gaster my vote is yes to reconsideration and rehearing

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Tannetta Graham, my vote is yes to reconsideration and rehearing.

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Ryan McAdams, my vote is yes to reconsideration and rehearing.

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Hi Owen, my vote is yes to reconsideration and rehearing.

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Number 5, MI 2025-006-364-1841 Master Street, I vote no to reconsideration and rehearing.

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Michael Johns, my vote is no to reconsideration and rehearing.

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Cheryl Gaston, my vote is no to reconsideration and rehearing.

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Sonetta Graham, my vote is no to reconsideration and rehearing.

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Ryan McAdams, my vote is no to reconsideration and rehearing.

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Ty Owen, my vote is no to reconsideration and rehearing.

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Number six, MI 2025-004-571-1401-66th Avenue.

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Is this changing the proviso?

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Is that what we're going to say, Hillary?

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Yes, this is a revote with a corrected proviso.

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So I vote yes with proviso.

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Temporary variance for 24-hour operation of drive-thru lanes that expires June 4, 2028, where the variance expires, the drive-thru lane will open until 2 a.m. Sunday through Saturday, number two part of this.

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Interior access to this restaurant prohibited after 10 p.m. and before at Monday through Thursday, and then after the 11 p.m. after before 5 a.m. Friday, Saturday, and Sunday.

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Michael Johns, my vote is yes with provisos.

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Cheryl Gaston, my vote is yes, with provisos.

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Tanetta Graham, my vote is yes, with provisos.

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Ryan McAdams, my vote is yes, with provisos.

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Number seven and eight, we'll hear it together.

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Mr. Nocklinson.

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Sorry, Mr. Chair, I think we missed one of the requests for reconsideration.

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We missed number four, Angora Terrace.

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Four?

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What are you talking about?

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Oh, I might finish.

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Yep.

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MI 2023-007-377-5636, Angora Torres, I vote no to reconsideration and rehearing.

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Michael Johns, my vote is no to reconsideration and rehearing.

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Cheryl Gaston, my vote is no to reconsideration and rehearing.

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Cheryl Gaston, my vote is no to reconsideration and rehearing.

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Ryan McAdams, my vote is no to reconsideration and rehearing.

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Ryan McGa...

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Ty Owen, my vote is no to reconsideration and rehearing.

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Number 7, MI-2028-002-821-2226, Tioga Street.

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And number 8, MI 2025, 002-824-2224 Tioga Street.

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The order of this will be the appellant will present revised plans, questions from the

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board, public testimony, and update from planning.

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oh geez

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you know what

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mr knockamson could you please state your name as fellow for the stenographer

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uh yes alan knockamson i just realized i did not log in okay that's that's okay um do you

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want to go to i apologize i'm like sitting here doing nothing

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we'll go to the first case and come back that's all sorry sorry about that i'm not over there

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right i'm realizing sorry and i'm sure the first case is happy now too

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number 10 mi 2026 000 863 1122 frankfort avenue catherine messing is the attorney

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there's non-opposition from council member squilla and unanimous support from frankfurt

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area business association could you please state your name and spell for the stenographer

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sure it's katherine missimer k-a-t-h-e-r-i-n-e missimer m-i-s-s-i-m-e-r 1835 market street

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one nine one zero three you swear or affirm to tell the truth the whole truth nothing but the

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truth i do could you identify your client in relationship to the property sure 1120 to 36

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frankfurt dev llc which is the owner of the property our vice chair has a few questions

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good afternoon have you submitted your documents and exhibits five days in advance of this hearing

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i have and do you waive the reading of the referral and stipulate to its accuracy

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i do all right thank you can show your screen thank you okay

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Okay.

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We're here today with an application for a special exception for a group medical office.

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I have with me today John Freen on behalf of building ownership, as well as Dr. Alec Robin, prospective tenant.

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As you mentioned in your overview, this project does have letters of non-opposition and unanimous support from Councilman Swilla, Fishtown neighbors, and the Fishtown Kensington area bid.

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this property is located on frankfort avenue through to dunton street near the i-95 overpass

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property is already home to a multi-family building with 107 units and commercial space

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in addition to the ground floor retail space at this location the building also hosts two

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commercial spaces on the second floor the proposal use would be located on that second floor

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As mentioned, today's proposal is for group medical office to occupy one of those second floor spaces.

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The second floor is accessed via a dedicated elevator, lobby, and stair.

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And I'll just highlight that for you here.

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So green is the commercial entrance and red is the residential entrance.

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We thought it important to separate those out so that residents have easy come and go and patrons serving the retail spaces are not access to residential apartments above.

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This site is on cmx 2.5 and located in neighborhood commercial area overlay the North Delaware Avenue.

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district in cmx 2.5 solo practitioner medical offices are permitted by right it's the group

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office that generates the special exception requirement the proposed tenant operates a

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pediatric dentist dentistry office it would be a valuable resource in this family-centric

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neighborhood especially given the existing residential use on site both the neighborhood

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As evidenced by their letters of support and the property owner agree this proposal is appropriate as well as ideal at the second floor location.

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Obviously, a standard retail use wouldn't necessarily work in this location, and the goal was to find an office use minimally impacting the neighbors that live in the building, but also providing this resource.

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So we felt this was a perfect fit.

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so we felt this was a perfect fit given the surrounding context along commercial

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Given the

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the commercial quarter frankfurt ave and we have a few photos of those of the existing neighborhood

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which might be helpful to see here's the retail entrance that's where our patients would come in

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this is what the space looks like today and these are the design ideas that the dentist office has

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And then this is the building and a couple of the other establishments already in existence along Frankfurt Avenue.

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We did meet with Fishtown neighbors according to RCO to review this proposal and received positive neighborhood feedback as evidenced by their unanimous letter of support.

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We also met with Fishtown Kensington BID. You also have their letter who welcomed this project to the neighborhood. As the board is aware, the standard for special exception approval is a lower standard than that of the undue hardship associated with a variance request.

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special exceptions should be granted where the proposed use creates no more of a detrimental

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impact than a similar use in that category this is a prime location for group medical office on

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the second floor of this existing multi-family building in a growing family-centric neighborhood

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we believe the project will not cause congestion public streets or transportation system again we

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anticipate many of the patients will be walking to the office or already living in the building

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um we'll not impair any adequate light and air to adjacent properties again it's an existing

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building um and this would be filling out an existing tenant space we respectfully request

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that the special exception relief be granted i do have john farina on the line who would be

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prepared to adopt my testimony and dr robin in the event that there are any operational questions

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sure what's your client's name mr farina mr i'm here okay could you please state your name and

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spell for the stenographer uh john farina j-o-h-n f as in frank a-r-i-n-a do you swear or affirm to

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tell the truth the whole truth and nothing but the truth i do counsel john did you hear my

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testimony this afternoon yes i did would you agree that it's true and correct yes i do and

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would you adopt it as your own yes i would thank you counsel do you have a specific suite

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John, is there a designated suite number for the dentist's office? I know there are two spaces on the second floor.

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Yeah, it is on the north side. There is a specific address nomenclature for it, labeled A, B, C, or D based upon the space.

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I believe it's C, John.

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Yeah.

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Correct.

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Thank you for providing me that.

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okay all right questions from the board

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um yes okay so how many dentists how many support initially one um the issue comes with the

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definition of group medical practice so anything beyond one employee and one practitioner technically

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constitutes group medical practice in the code so even though there's going to be one dentist

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he will also need obviously a hygienist and a receptionist and that pushes him into the group

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medical practice. Okay and so it's just going to be the one for now? For now this is his first

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practice obviously he's planning on growing but today one dentist. And you said this is a pediatric

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yes dental practice okay so we're talking about how many children? It depends he's going to need

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grow some client clientele um he anticipates starting with minimal hours frankly just because

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he will be new and doesn't have that client base built up okay and then um i think there's a need

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