civus
Hearing video

ZBA Hearing - May 1, 2024

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

So we're talking two roof decks, roof terraces within the building itself.

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The terraces will only be used by occupants of the building.

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As I indicated, they are accessory only.

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And the deviations from code, I repeat, are de minimis.

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If we go to Exhibit 8 for the rendering, there we go.

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The building, it's very interesting.

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This originally consisted of three separate parcels and three separate structures.

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The application that was approved and is being developed calls for the retention of the property that is closest to the 23rd Street frontage and market.

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We're retaining that structure.

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the property or the portion of the property moving immediately to the west we are retaining

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the facade literally restoring the facade as you see it in this rendering um and that will be

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replaced once construction is complete and finally the third building that was adjacent to

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that was adjacent to our most westerly neighbor, that was demolished.

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our most westerly

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So we're constructing a total of 193,000 square feet of floor area.

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There will be an overbuild, as you see, above the existing, if you will, structure,

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as well as above, so to speak, the facade.

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And we will contain approximately 10 stories in height to the top of the addition and about 165 feet of height.

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The building will be Lee Gold, and it has received green building bonuses from the zoning unit and the planning commission.

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The property has been reviewed by Civic Design Review. They've approved it. That is in the package that we provided to you. And you can see this CDR letter at exhibit number five.

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The matter has also been reviewed by Center City Residents Association.

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They have indicated they're non-opposition.

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That letter of non-opposition is contained in the exhibit package at exhibit number four.

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The proposed use is consistent with surrounding uses.

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In fact, we previously came in for approval for similar terraces at the building, which is directly across 23rd Street, the Morgan Lewis headquarters.

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And those special exceptions and variances were granted for the same reason, setback of the five feet, as well as the exception.

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You will note that the building fronts on Market Street, 100-foot-plus wide street, and clearly, from a public health, safety, and welfare standpoint, these terraces will have no negative impact on the surrounding structures, community, and in fact will create a quality of life and a liveliness above the street level

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to enhance this quadrant of Market Street.

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We're asking for dimensional relief in terms of the variance.

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And again, I would indicate that from a dimensional standpoint,

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these are truly de minimis.

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If the board has any questions,

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a representative of the developer is here.

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I'd like to promote Mr. Joe Traynor

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so he can affirm my testimony

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and also answer any questions that you may have.

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Please proceed.

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Joe Traynor has been unmuted and allowed to speak.

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Sir, could you please state your name and spell for the stenographer?

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Yes, it's Joe Traynor, J-O-E-T-R-A-Y-N-O-R.

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

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I do.

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Please proceed, counsel.

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Thank you.

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So, Mr. Traynor, can you tell us what your affiliation with the ownership entity is, please?

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Yes, I'm with Breakthrough Properties.

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We are the developer affiliated with 2300 Market Street Owner, LLC.

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And you've heard the testimony and evidence that I presented today to the zoning board, did you not?

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I have, yes.

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And would you adopt that testimony and evidence as your own if you were to make it yourself?

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I do, yes.

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Very good.

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I have no further questions of the week.

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Questions from the board.

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No, Chair.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission?

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Good afternoon, Mr. Chairman.

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Dan Powers with the Philadelphia City Planning Commission.

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The comprehensive plan recommends a change to the commercial mixed-use zoning

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at this location from cmx4 to cmx5 the appellant has shown that the non-residential roof deck will

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have no detrimental impacts to the neighborhood beyond what might be expected the dimensional

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variance for the non-residential roof deck setback is minor and in keeping with the purpose and spirit

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of the zoning code and will not injure the use of adjacent property the city planning commission

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recommends that the board grant the proposed special exception and dimensional variance

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Thank you. Hillary, we don't have any revised plans with this, do we?

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No, Mr. Chair.

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Thank you. MI 2024-000-900-2300 Market Street, Parcel A. I vote yes.

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Parcel A, I vote yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you, members of the board.

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Thank you, Mr. Chairman.

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Number eight, MI 2024-000-902-1736 North 22nd Street.

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Darlene Treat is the attorney.

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There's a letter of opposition from St. Elizabeth's RCO, letter of authorization between PLB and Holloman LLC, letter of support from Councilman Young's office.

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Good afternoon, Council.

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Good afternoon, Commissioner.

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Darling, read on behalf of the applicant.

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Could you spell your name for the sonographer, please?

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D-A-R-L-E-N-E, last name Threatt, T-H-R-E-A-T-T.

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And Commissioner, I apologize.

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I was being brought in as a panelist.

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Did you say there was a letter of opposition?

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No, no, letter of, no, all letter of support.

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Okay, thank you.

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Yeah, I said the one was authorization.

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Okay.

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Thank you. 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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Could you identify your client, your relationship to the property?

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My client is Holloman LLC. I believe there's a Michelle Holloman on the line this afternoon.

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Okay, thank you. Our vice chair has 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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Yes, I do.

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have you emailed in all the required documents and exhibits that is needed

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to proceed with this case five days in advance of this hearing yes i have

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thank you counsel please proceed and share your screen

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Commissioners, can you see my screen?

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It's coming up right now.

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It's up.

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Thank you very much.

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Good afternoon, Commissioners.

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I represent Holloman LLC in this application before the board today.

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I have submitted a package of information that contains 38 exhibits,

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mainly the refusal appeal property information form tax information form deed letter from phdc

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authorizing us to go before the zoning board of adjustment some plans pictures community letter

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proof of mailing a letter of support from saint elizabeth's community association as well as a

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letter of support from Councilman Young's office. Commissioners, this property is zoned as an RM1,

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which provides for multifamily dwellings. When you want to have more than three

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units, you have to provide a certain amount of side yard. In this particular instance,

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we were required to provide 12 feet of side yard, but we were only able to provide

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six feet of side yard. Therefore, we received a refusal, and I would qualify that as a de minimis

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refusal. I would like to explain to the board that before bringing this application to the board,

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I did meet with the owners of the building next to us, at least on two occasions, and I did

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attempt to purchase an additional six feet of side yard. Unfortunately, I really wasn't able

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to do it. So therefore, we had to put in this application for appeal so we can build these

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six units. I would also like to say that these six units are four low-income units and two market

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rate units. I'll just go through some of the pertinent information that I think the board

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is interested in. The first exhibit that I'll discuss is the tax clearance. As you can see,

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there are no tax indebtedness on this property

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we have the deed and most importantly here's a letter from phdc allowing us to go forward with

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building permits zoning permit and any other types of permit that we need for this property currently

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commissioners today this property is a vacant lot and here on this vacant lot we will

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Today, this property is a vacant lot, and here on this vacant lot, we would like to build a multifamily dwelling containing six units, four low-income units, and two market rate units.

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This property would also have a roof deck, which every single apartment in this building would be able to access.

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I'm going to flip down now to the actual plans.

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Here is a picture of the front of the building and what we are proposing.

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We are proposing a three-story dwelling.

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Here's a rendering of the dwelling.

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We will have a roof deck, which is set back about eight feet from the front of the building.

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And here we have, for your view, the site plan.

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Commissioners, here is a side elevation of the building.

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I just wanted to show you this elevation because we will be entering our building from the side of the property here.

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This is actually the front of the building. You would enter through the side here, and all residents, this staircase goes all the way up to the top to the roof deck, and all the residents will have access to the roof deck of this building.

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Now, here is the floor plan for this particular dwelling.

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We have six units here. The first unit is actually a bi-level unit, and it's a two-bedroom,

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two-bathroom unit. The second unit is a one-bedroom apartment. The third unit is a one-bedroom

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apartment. The fourth unit is the same. The fifth and sixth unit is the same. All one bedroom. Pretty

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good size apartments. I have some additional pictures just to show you the makeup of the

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neighborhood and to show you that what we're proposing here is not really different from any

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of the other development that has really been done on the block here. Here's another picture

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of our building. Let me just blow it up a little bit more for you.

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This is actually our lot right here. To the left of us currently is an eight-unit building,

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and to the right of us currently is a 10-unit building. So the development that we are seeking

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here is in line with the development that's been done on the building, excuse me, on the block.

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Also, I would like to add that most of these developments do not have the requisite side yard as required by an RM1.

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This particular building here is 1744, and it's approximately 12 units.

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these are other uh multi-families i'm on the block at 10 12 and i believe 12.

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health here on the corner is actually a Philadelphia Housing Corp development the zoning records are

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not clear but it is a several multi-units on the corner here across the street is a school I only

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show that picture to indicate that that side of the street is not filled with residential housing

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And that's where the parking will be in the evening time.

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Put in an additional picture so you could just see the nature of the area that we're requesting to build on.

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Commissioners, we did have an opportunity to meet with St. Elizabeth's RCO on March 27th, 2024.

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The meeting was pretty well attended, and no one at the meeting had any opposition to any aspect of our project.

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I did notice the neighborhood with 153 letters, and there's our proof of mailing.

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We did receive a letter of support from St. Elizabeth's RCO.

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We did discuss the project with the councilman's office, and we were able to get a lot of support from Councilman Jeffrey Young.

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councilman jeffrey young um and with that um i'm willing to um answer any questions that the board

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And with that, I'm willing to.

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may have about this development why don't you bring your client on to adopt your testimony

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miss holliman can you raise your hand please

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will you see her hand

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Ms. Holloman

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yes she's free to speak

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hi could you please state your name and spell for the

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court stenographer

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Michelle Holloman

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

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H-O-L-L-O

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M-A-N

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

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I do.

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Please proceed, counsel.

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Ms. Holloman, are you a member of Holloman LLC?

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Yes, I am.

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And are you guys in the process of owning this property in the city of Philadelphia?

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Yes, we are.

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And have you heard my testimony as presented to the board today?

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Yes, I have.

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And if you were to testify today, would you adopt my testimony as true and correct?

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Yes, I will.

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That's all I have.

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Commission, thank you.

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Questions from the board?

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No, Chair.

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No, Mr. Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Any commission?

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Good afternoon, Mr. Chair. Dan Powers with the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the residential multifamily zoning at this location.

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