civus
Hearing video

ZBA Hearing - May 1, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 1, 20245h 10m

right it's the area that's saying landscape to the left it has two postal addresses but it's

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one deeded lot uh the area that i described as not being developed uh this area in white

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is part of the lot it's all the same lot okay i would just double check that with city records

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because it's showing up as it may be treated as maybe as one deeded lot but as separate tax

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parcels or something so it looks like there may be an incomplete consolidation so i would just

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i would just check on on that just to make sure all everything's in order with that

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i will so all right thank you thank you questions or comments from the virtual audience

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chair we have janice tejada larubio they have been unmuted and allowed to speak

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why could you please state your name and spell for the court stenographer

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um janice j-a-n-i-s last name is hyphenated it's t-j-a-d as in david e-r hyphen larubio l-a

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R-U-B as in boy, I-O

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Do you swear or affirm

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and tell the truth, the whole truth, nothing but the truth?

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I do

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Are you a neighbor?

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I'm an owner

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Please proceed

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Yes, neighbor

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Sure, please proceed

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So this

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new building and parking lot

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will be right up against my property

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I'm the next property over in white

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Yes, right there

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um and i i have uh i have a couple concerns and my main concern is it's community i mean it is

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it's true there are a lot of apartments coming up in roxburgh quickly new building came up on

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the corner that's four stories but we are mostly largely single family even though i rent a unit

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since i have a big house and no children anymore um but it's a quiet community there's

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part of the concern is

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for me is going to be the pollution

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because my yard is

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right next to this parking lot

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and all that's going to happen

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in it

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they can't control the air

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and I know they're going to put

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trees in but I'll be dead before those

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trees take effect in the environment

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I've lived here 44 years

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and we have a

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community you know we have neighbors we take

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care of each other an apartment complex

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is going to bring

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renters that don't stay i'm not saying that renters are bad people for god's sakes i was a

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renter too but everybody's not the same and and i think owners take better care of their properties

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just because they're theirs my other concern really is the parking parking in anywhere in

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philadelphia is crazy this has been a pretty good block even though it's turned into the indy 500

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at rush hour. And we are four houses off the corner of Roxborough Mitchell. And the driveway

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of Roxborough Mitchell. And the driveway here, which is, I believe is 10 feet. Don't quote me

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here, which I believe is

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on that. I think that's almost correct. We'll be widened to 18. It's going to be a huge driveway,

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four houses off the corner of a city block, which bears a huge amount of traffic.

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of traffic and the parking is already i mean you used to be able to come here before the

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this apartment complex was put up on the corner by the same builder you could come here any day

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of the week busy or no and you could find a parking space there are no parking spaces here

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anymore the apartment complex that they're going to put up probably will not allow for enough parking

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um at a at a parking space per apartment i mean today you have people that have you know two car

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families if not three for however many people are living there what's going to happen with all this

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parking where are these people going to go the driveway my concern about the driveway is the

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danger of the traffic coming an 18-foot driveway with the traffic coming in and out of this driveway

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is going to be uh substantial and my only other concerns are really environmental

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they can't stop the air no matter what they do i mean listen they they've tried to work with us i

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will say that um but that you can't shut the air down whether you're putting a fence in or not

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and we had some issues too with with the with the civic center we didn't really get notified

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until the day of and some of us the day after that they were having this meeting so they took

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in a large part of the vote without a lot of us not really being there so that's all i have to say

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well were you at the meeting did you attend the meeting meeting because we found a handful of us

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found out quite by accident like a day or two before this did you raise your did you raise

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your issues at the meeting um yes we did yes i'm not the only one who raised that issue no i asked

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did you raise your issues at the meeting yes okay all right but you say they did work try to work

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with you so the the we i had a private meeting with the builder okay regarding my specific

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concerns that if they get these permits we have some other things going forward but we would

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still prefer single family if we had a chip we had a vote you know we were able to bring enough

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people to to vote and have circa back us up the civic center thank you very much for taking the

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time is there anyone else in the virtual audience chair we have alissa butler they have been unmuted

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and allowed to speak. Thank you so much. So my name is Alyssa Butler. Please proceed. A-L-Y-S-S-A-B-U-T-L-E-R.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth? Yes. Are you a

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neighbor? Yes. Please proceed. So I live right around the corner. I also neighbor Kendrick

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rec center, which has been, you know, an amazing resource for the community for children and

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family. So I have a few different concerns, pretty similar to Janice. Mitchell and Roxborough is a

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very busy intersection. It's also, it seems to be a meeting spot on Thursdays for the sanitation

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department. So there's always a lot of sanitation trucks that are waiting there. They wait for all

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of their staff and then they leave from there. Um, so I think that will be an issue as far as

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adding to the parking. Um, another issue is that there is a church at the corner of Mitchell and

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Penn and, um, Roxborough, um, which will also, you know, requires a lot of parking for their

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members to go there. Um, and then the third issue is that, um, Kendrick rec center, which does have

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a parking lot but there's also a pool at the corner of ridge and roxborough and a lot of our

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community rely on the pool and um do use parking on that on roxborough ave from mitchell to ridge

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um so as far as the the the traffic being there um there's a a bus stop at the corner of i'm sorry

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uh children's like a school bus stop at the corner of mitchell and roxborough as well and

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then there's kendrick repp right across the street so there's a lot of children in the area and um as

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janice spoke the roxborough av has been you know known to be pretty busy and fast cars and with

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you know, known to be pretty busy and fast cars. And with additional cars pulling out of a very

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additional cars

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long driveway, I just feel like it's adding to, you know, some safety concerns. Okay. Thank you

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very much for calling. Did you attend the RCO meeting? I did not. All right. Thank you very

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much. Anyone else in the first audience? Chair, we have Michael Albert. They have been unmuted

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and allowed to speak

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Sir Albert, please state your name

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and spell for the court stenographer

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My name is Michael Albert

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M-I-C-H-A-E-L

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Albert A-L-B-E-R-T

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Right

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Do you swear or affirm to tell the truth

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the whole truth, nothing but the truth

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I do

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Are you a neighbor?

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Yes

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I'm an owner

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next door, the adjacent property

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to the east

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476 Roxborough Avenue

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please proceed

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okay so I'm

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in opposition to the proposal

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when we first

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when this project first began they said a year ago

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with their first proposal

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when we met with them they originally said

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that they could not come down from that proposal

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it wasn't until they were shot down

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by the ZBA then that they now came

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with this new proposal with

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fewer units

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but the concerns are still the same

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this is

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uh you know a residentially zoned lot but they want to now have put it at a commercial building

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that dissects residential houses now they already have a building which is the first residential

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structure from the corner of ridge that is i believe 27 or 29 units and then has a large

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driveway dissecting the block now there will be a few houses including mine and then another

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traffic lane of multi, you know, uh, dissecting residential houses. Um, they also said that

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they're going to be widening the driveway, but not widening the curb cut for the cars to come

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in and out. So as it is now, it's barely could fit one car. And then, I mean, also you're going

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to have, uh, the trap, the, the, the commercial trash dumpsters coming in and out of that driveway.

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I don't believe they're going to fit in that curb cut. Amazon deliveries, all these things,

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concerns safety concerns to the pedestrians on the block um i just think it's a lot to ask for

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a usage variance and to not comply with the dimensional variances i understand there's a

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garage in the back that that doesn't comply now but it's a single story garage this is a multi-story

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now looking onto the backyards of garhard street if again they could come back to us with an even

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smaller proposal that gets more separation away from the property lines and fewer cars coming up

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and down that driveway. I think that they've reworked with it only until the ZBA shot them

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down. Consider that again. All right. Did you go to the RCO meeting? I did. And did you put your

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on short notice also? Okay. All right. Thank you very much. Anyone else in a virtual audience?

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Here I see the other heads. Planning Commission.

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Good afternoon, Mr. Chairman. The comprehensive plan, this is Dan Powers with the Philadelphia

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Stadium Planning Commission. The comprehensive plan recommends no change to the residential

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single-family zoning at this location. Commission staff are aware of other duplexes on this block

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face, but no other properties with 14 dwelling units. The proposal conflicts with the comprehensive

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plan is not in keeping with the character of the block, and the appellant has not shown that 14

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units are the minimum needed to afford relief the condition of multiple principal structures

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appears to be an existing condition as does the parking in the required side yard and smaller than

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allowed rear yard depth the city planning commission recommends that the board grant

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the request to legalize multiple principal buildings rear yard depth and parking in the

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required side yard but limit the grant of multiple units at this property to no more than two

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in keeping with the other multi-unit buildings on this block face

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okay um

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hillary do we have revised plans on this

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yes we have one page of revised plans thank you mi 2024 000 817 472 to 74 roxford avenue

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i vote yes with proviso revised plan one page stamped 5124

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james snell my vote is yes yes proviso ishmael shaheed my vote is yes with proviso

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thank you thank you counsel thank you thank you six we don't have number seven mi2024

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000 900 2300 market street parcel a peter kelson is the attorney

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There's a letter of non-opposition from the Center City Residents Association.

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There's a letter of non-opposition from the Center City Residents Association.

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Peter Keslin is coming back in as a panelist.

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Okay.

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Good afternoon, Mr. Chairman, members of the board, Peter Kelsen, K-E-L-S-E-N.

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I think I already swore you in once today, did I not?

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And I will continue to tell the truth.

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Could you identify your client and relationship to this property?

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I can. The owner of the property is 2300 Market Street Owner, LLC, and 2300 Market REIT, as indicated by the deed shown as Exhibit 9 to our package, Mr. Chair.

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And our Vice Chair has just a few questions.

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Good afternoon, Counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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I do.

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Have you emailed in all the required documents and exhibit that is needed to proceed with this case five days in advance of this hearing?

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Yes, I did.

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Yes, I did.

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Thank you, counsel. Please proceed.

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Thank you.

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I would ask if I could promote Mr. Martin Grigorski, please, as a panelist so he can run the video.

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Sure.

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he's coming back in as a panelist great thank you and counsel you'll do the testifying right

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he'll just run the machine yeah thank you in fact i'm going to start if if that's okay

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give an overview because i know you have a big list so uh good afternoon again members of the

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board. The site that we're talking about today is under construction. It is going to be used

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as offices and for research and development. It is located, I'm going to need Mr. Grigorski in a

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moment to flash the screen. Here we go. It is located on the south side of Market Street,

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bounded by 23rd, and Ludlow to the rear.

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The lot area is approximately 25,300 square feet.

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You can note that from exhibit number two, if we could share that.

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The property is zoned.

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You get a view of the overall area.

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The property is zoned CMX4.

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The development itself is by right and, as I said, is proceeding under construction.

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The request before the board today is to establish terraces within the property, as you can see on Exhibit 7.

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They will require, from a use standpoint, a special exception because it's a non-residential building.

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And in this district, accessory terraces or roof decks are not permitted without a special exception.

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We are also asking the board to grant a de minimis variance to allow us to modify the setback from five feet per code to three feet at level five and two feet, six inches on level number four.

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