civus
Hearing video

ZBA Hearing - August 7, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 7, 20246h 50m

She's

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S-H-I-K-O-M-B-A

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There was something wrong with my thing

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Hold on hold on hold on do you swear

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Or affirm to tell the truth the whole truth nothing but the

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Truth yes I do

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are you involved in this case here yes and i was involved in a previous case but

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my thing kept going raised hand low hand and i had no control over it i'm sorry what what what

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what do you want to tell us about this case um i do approve of it i was trying to get in to

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really speak on 2247 but my the machine um kept wearing raised hand over there i didn't know

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I'm very sorry for you that

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but could you tell me about the argument

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in this case I do support what the man

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was saying in terms of he

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wanted to make some adjustments

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but there's something wrong with

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the argument

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thank you very much we appreciate

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it

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I don't know what was wrong

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I couldn't get through nobody

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and I'm very sorry about that

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that's not helping me thank you ma'am um anyone else in the virtual audience

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there are no more hands planning commission

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thank you chair keith davis build off your city planning commission uh comprehensive plan record

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Thank you, Chair. Keith Davis, Philadelphia City Planning Commission.

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Comprehensive plan recommends no change to the current RM1 zoning.

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In order to support their proposed addition, the applicant is requesting a variance to forgo the required third floor front eight-foot setback.

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There's no evidence of hardship to support the request for the variance.

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Further, the variance request for reduced open space in the property's rear creates massing that directly impacts the neighbor's backyard access to light.

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Planning Commission recommends that the board disapprove the variances.

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Thank you. MI 2024, 002-938, 1720 Cater Street. I vote yes with proviso. Revised plans, one page, stamped by ZBA, August 7th, 2024.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Taya Nguyen, my vote is yes with Proviso

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James Snell, my vote is yes with Proviso

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Ishmael Shahid, my vote is yes with Proviso

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Thank you, thank you, thank you, counsel

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Alright, number 10, MI 2024-003-049

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1148-62 Frankfurt Avenue

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Eric Bozen is the attorney

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There's a letter of support from Fishtown Neighbors

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a letter of unanimous support from Fishtown-Kensian Area of Business

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and the Improvement District,

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and a letter of non-oppositions from Councilmember Squill.

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Eric Bison has been promoted.

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Hi, Council.

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Good afternoon, Mr. Chair.

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

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Yes, Eric Bodzin, E-R-I-C-B-O-D-Z-I-N.

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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, Mr. Chair.

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Could you turn your video on so we can see you one minute, please?

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Yes. I'm sorry.

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Sure. No, no, that's fine.

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can you see me now we do not

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can you see me now we see no we see a picture of the bank the old bank

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his picture was to the right of his um screen he's on he's on the screen chair okay okay how's

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this. Can you see me now? Let me see here. Okay. Please proceed. I'm good. Could you identify

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your client and relationship to the property? Yes. Good afternoon, Mr. Chair. Eric Bodson of

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Blank Rome, 1 Logan Square. I am here on behalf of 1148 Frankfurt Partners, LLC, which conducts

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business as the Altera Property Group. Connor Burke is here with me on behalf of ownership.

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Our vice chair has just a few questions.

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Yes, thank you.

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Good afternoon, counsel.

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Do you agree to wait another refusal or stipulate to its accuracy?

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Good afternoon.

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Yes, I do.

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

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Yes, I have.

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Thank you, counsel.

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Please proceed and share your screen.

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Thank you.

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Good afternoon.

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I am here in support of this special exception with Connor Burke on behalf of the Altera Property

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Group. I understand that representatives of the Fishtown Neighbors Association and the Fishtown

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Kensington Area Business Improvement District are also here and may be available to speak

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about their organization's near unanimous support for this project. Altera is the owner of the

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subject property of 1148-62 Frankfort Avenue, which includes the historic Kensington National

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Bank building, pictured here at the corner of Frankfort Avenue and Girard Avenue. You may

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recall that Altera previously appeared before this board also with community support to preserve this

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historic structure and to reactivate its use at the center of the Fishtown-Girard commercial corridor.

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here are the historic photographs of the building and here is the building as it exists which the

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owner continues to preserve with the addition of an accessible entrance in the bottom right

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portion of your screen which was designed in collaboration with the coordinating rco fish

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town neighbors association here exterior photographs of the building with fronts

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fronts Gerard Avenue to the north, Frankfurt Avenue to the east, and Dutton Street to the west,

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It's Girard Avenue to the north,

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Frankfurt Avenue to the east,

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and Dutton.

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where Wells Fargo Bank continues to operate. And here are interior photographs of the first floor

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commercial shell space at Frankfurt Avenue and Gerard Avenue. We submit that this space is well

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suited for Garage Sale Vintage's nationally renowned store, where neighbors buy, sell, and trade

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high-quality clothing and enjoy light food and beverage. As you can see from the zoning map,

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the subject property, like its neighbors in all directions, is located in the CMX 2.5 district,

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where garage sale vintages retail and dining uses are all permitted. However, as you can see here,

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the property sits on the border of the North Delaware portion of the NCA overlay district,

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where the eating and drinking use

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is permitted by special exception.

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That this property's referral

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for eating and drinking use

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is in fact the singular issue

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before the board, Mr. Chair.

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We submit that the grant of this exception

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is well-precedented

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and a natural fit

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for the supportive Fishtown community.

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As you can see here,

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in fact, every corner

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of this busy intersection

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is an eating and drinking establishment. Johnny Brenda's on the northeast corner,

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Garage on the southeast corner, and Joe's on the northwest corner. Here's a map of about 10 more

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dining establishments within a few blocks radius. And here's a rendering of Garage Shale Vintage on

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the southwest corner, designed in a manner that will benefit, not detriment the community,

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with its Fishtown appropriate mission to quote, reduce the waste caused by fast fashion and

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extend the life of clothing resale, reuse, and responsible recycling. Here is the store layout.

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As you can see, the front two-thirds of the approximately 6,000 square foot space

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is for merchandise. The one-third remainder in the rear by the old bank vault is for light food

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and beverage, and for buy, sell, and trade appointments. Here is the exterior design

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with two entrances that lead into the main shopping gallery. As I mentioned, the accessible

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ramp at Girard and Dutton was specifically designed by community input. Here are snapshots

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of the interior shopping experience, which will be open day and night, seven days a week,

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to ensure an active presence at this center corner of the Fishtown-Girard commercial corridor.

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Here is a template of the menu with a focus on light, reheatable food like tacos, chips and salsa, margaritas, and here are pictures of Garage Sale Vintage's growing national footprint since it was founded in 2020, with two additional locations on the way in New York City.

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On June 25th, the Coordinating RCO, Fishtown Neighbors Association, voted near unanimously, with 24 in support, one opposed, for approval of this application for, quote, an appealing daytime and nighttime retail option in the Fishtown-Gerrard corridor.

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I understand Councilmember Squilla sent this letter to the board yesterday acknowledging that the Coordinating RCO is in support and that his office, as such, is in non-opposition.

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And finally, on May 22nd, the Fishtown Kensington Area Business Improvement District also voted completely unanimously in support of this application, observing the garage sale vintage quote fits the identity of Fishtown by focusing on fashion and vintage items while adding to our destination dining experience.

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The letter also highlights similarly approved retail and dining uses in the near vicinity.

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Again, I understand that representatives of each of these organizations are here today

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and available to speak at your request.

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Mr. Chair, for all these reasons, I submit to the board that the proposed use of garage sale

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vintage meets all criteria and conditions of the code, including use definitions and

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dimensional requirements.

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I submit that your grant of relief will not cause any specific detriment beyond that,

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which is normally expected from the proposed use, including detriments of congestion, overcrowding,

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impairment of light and air, burden to public facilities, impairment to adjacent properties,

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endangerment of public health or safety, or inconsistency with the comprehensive plan,

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all as further defined by the code. And I submit that the grant of special exception relief would

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represent the least modification possible of the regulation at issue and will neither alter the

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character of the district nor detriment to public welfare. Rather, this proposal fits into the

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surrounding area and will support efforts to reactivate dining and shopping along the Fishtown

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corridor. There are no environmental issues with this proposal, and Mr. Chairman, this concludes my

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There are no environmental issues with this proposal.

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And, Mr. Chairman, this concludes my presentation.

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presentation.

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Do you have someone to adopt your testimony?

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Yes, Connor Burke is here with me and prepared.

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Why don't we bring Connor?

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Connor is allowed to speak.

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

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Yes, my name is Connor Burke.

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That's, excuse me, C-O-N-N-O-R-B-U-R-K-E.

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

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I do.

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Please proceed, counsel.

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Thank you, Mr. Chair.

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Good afternoon, Mr. Burke.

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Have you been present during the entirety of my testimony today?

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Yes.

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Was it true and accurate to the best of your knowledge?

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Yes.

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And would you adopt and affirm my testimony that I have offered as your own?

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Yes.

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Thank you, Mr. Chair.

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Questions from the board.

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questions or comments more attorney hillary emerson

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um just briefly mr chair um hi mr bodson good to see you again

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um um with um with this um use it seems like there may actually be two principal uses here

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both a retail sales use

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as well as a sit-down restaurant.

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The retail sales use, from what I can tell,

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will be permitted by right,

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so I don't know if there may need to be

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an additional permit pulled for that

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or if Elle and I just consider this all a restaurant,

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but I just wanted to just make that note

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in case there was an additional permit needed for that.

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Thank you.

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Questions or comments from the virtual audience?

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yes robert everett will be allowed to speak mr everett could you please state your name

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and spell for the sonographer yes good afternoon first name is robert last name everett e-v-e-r-e-double

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t you swear or firm to tell the truth the whole truth and nothing but the truth

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yes i do please proceed mr everett just confirming that eric mentioned our group and yes we

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overwhelmingly supports it with only one opposed thank you very much for taking the time to cause

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we appreciate it is there anyone else in the virtual audience there are no hands there are

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no hands to planning commission thank you chair keith davis philadelphia city planning commission

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uh comprehensive plan recommends no change to the current cmx 2.5 commercial mixed-use zoning

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this lot is on the corner of the established frankfort avenue and gerard avenue commercial

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corridor no negative impact is anticipated by the proposed use planning commission recommends that

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the board grant the variance for a special exception thank you mi2024 003049 1148 to 62

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frankfurt avenue i vote yes like john my vote is yes cheryl gaston my vote is yes

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Tanetta Graham, my vote is yes

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Ty Owen, my vote is yes

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James

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Now my vote is yes

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Ishmael Shaheed, my vote is yes

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Council

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Number 12

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MI 2024

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