civus
Hearing video

ZBA Hearing - January 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 27, 20215h 43m

to the Civic Association to express her approval of the original plan without the proviso.

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So she was okay with that, however, with the proviso, it's less than what we had originally

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requested and she is also an approval of that plan.

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The Civic Association did submit their letter asking or advising that it was voted in the

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affirmative for us to be allowed based on the proviso plan.

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And this, we're having trouble with the.

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Yeah, the menu on the top is a problem.

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You wanted to show the documentation on the RCO.

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I think we have that in our file.

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It should be.

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Yeah, we're okay.

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I can also say, and it is explained in the letter, that I am a member of the board of the Civic Association.

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And I was still voted down.

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It voted no on the original plan, and that's why we submitted a proviso plan, because the

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main gist was we wanted the driveway widened, and we'll make do with that, as hopefully

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the board will vote in the affirmative for us.

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That's about it.

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Very good.

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Thank you.

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Any questions from the board?

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Any questions from the board?

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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No hands at this time, Chair.

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Thank you, Planning Commission.

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Ian Hegarty on behalf of the Philadelphia

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City Planning Commission.

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The proposed variance doesn't,

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it appears to be minimal in nature

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and we have no objection to the variance.

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Thank you.

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M.I. 2020-002-184-3716 Avalon Street. My vote is yes.

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Excuse me, Chair. It's yes with proviso. Revised plans, one page, please.

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Oh, sorry about that. Yes with proviso. One page. Approved today.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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calendar number 21895423 grays avenue

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mr masters you can unmute yourself

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hi good morning steve can you put your name and address on the record and spell your last name

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please? Sure. My name is Steve Masters, M-A-S-T-E-R-S, from the law firm of JustLaws,

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621 West Mount Airy Avenue in Philadelphia. I represent the applicant. Thank you. Do you

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swear our firm to tell the whole truth and nothing but the truth? I do. And do you also

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agree to waive and stip? We agree to waive the reading, but we do not stipulate to the accuracy.

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we will explain that in as part of our presentation okay have you emailed the exhibit packet five days

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in advance of this hearing consisting of proof of ownership tax compliance refusal referral

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photos and plans and have you met with the rco and do you have a letter yes to all of your

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questions it's all been on time and we have a support letter from the rco thank you you may

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proceed great let me share this all right um good morning again um chair to chico members of the

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board um steve masters here for um the applicant um kasim nadjo um we're here on a um somewhat of

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an unusual use application. This is for a live poultry butcher shop that will be operated

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according to Islamic law. We're in an I-2 zoning district. This is how

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We're in an I2 zoning district. This is how the operation will work. Customers, there will be

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live birds that will be stored at the location. Customers will come in, purchase a single live

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bird. The butcher will then kill that bird by hand, prepare it, and deliver the processed meat

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to the customer at the same location. The methods used to kill the animals in a live poultry

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butcher shop are not in any way intensive. They're killed by hand without any mechanized

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system at all. And at most, a few dozen birds and other small animals will be killed throughout a

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single day. All of the birds that are killed are going to be sold on the premises to retail

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customers. So none of them are transferred to other retail outlets. There's no shipping. There's

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no intensive transport. So the refusal, let's look at that. The refusal is for two use refusals.

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The first one is that the L&I classified this as an intensive industrial use. And you've just heard

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that this is a hand, a hand use. There's nothing intensive at all. And in fact, it may not even be,

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may not even rise to the level of general industrial, but we're in an I-2 district and

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general industrial is as of right. So that, that, that part of the refusal is an error. And we

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submit that the slaughter operation is actually permitted under an I-2. The second refusal is

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for the retail sale. And the retail sale of these slaughtered animals, we contend should be permitted

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as a religious accommodation, because as I said at the beginning, this is a religiously

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operated and mandated type of an operation. And under the federal statute called the Protection

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of Land Use as Religious Exercise 42 U.S.C. Section 2000 CC, the city and the zoning code

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must accommodate religious uses. But even if the board were to say, well, we don't know about this

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religious use thing, we're going to look at this as a variance. The variance is the least

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modification possible because the live animal storage, the slaughtering is permitted and the

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sale of it on site is the least variance possible to allow this use to occur. Now, we received very

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extremely strong support from the community on this um and here's the um the letter from

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coordinating rco southwest district services um and you'll see their their summary here uh everyone

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in attendance um supported the the um the proposal um we do have also an agreement that was entered

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into between the near neighbors and they're not exactly right next door to this property members

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of the board, because this is an industrial area, and you'll see in a second the photos that show

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that there is no one who would, who is living in this immediate area, but the neighbors nevertheless

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asked our client, and he agreed to do a whole series of steps to improve the quality of life

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and the security for the area, so there's going to be security cameras, there's going to be support

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for a children's playground and a tennis court he will do some local hiring he will give discounts

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to senior citizens and he's going to clean up the area surrounding his his shop and i'll show you in

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a second that it's it's um profoundly blighted and the community is very very excited to have

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um the possibility and and more than the possibility but the certainty that this blighted area will be

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abated because of this new business um so let's look at um some of these photos here so let's make

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this a little smaller so this is the is the space um where the business will happen um farther back

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there is a abandoned trailer truck tractor trailer that is um in dumped in we're not

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steve we're not seeing that you don't see that huh oh you're not seeing what we have at a provisor

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Huh. Oh, you're not seeing me?

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All we have are provisors.

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Oh, all right.

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Yeah, let's see here.

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You're not seeing any photos?

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Nope.

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All right, let me stop sharing and share again.

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How about now?

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Okay.

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All right, so you see this...

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Is this trailer?

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This is the area here.

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No, we don't see anything.

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Oh.

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Do you see this letter from the RCO?

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No.

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No?

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Mr. Chair, can you see the agreement that I'm sharing now?

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You had that up before.

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That's gone.

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All we see is Steve Messer has started screen sharing.

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Huh.

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Okay.

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So I keep starting and stopping.

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That's not good.

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You know, maybe you can verbally, orally summarize.

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Yeah, sure.

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So sorry you can't see these photos though,

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because they're quite,

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I was pretty stunned going into this block.

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I'd never seen a part of the city

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that was blighted in this manner.

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So the structure requires a significant amount

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of repair and renovation that Mr. Ngo is prepared to do

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and to bring life and a semblance of normality

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to this block that has just a tremendous amount

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of abandoned cars and tires

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and a profound amount of blight.

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Is your client with us today?

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He is.

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Mr. Nujo, can you raise your hand

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so that you can be added to the presentation?

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There you go.

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We've got pictures now.

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Oh, you do?

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Okay, great.

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wow all right so all right here we go so this is the spot uh behind this truck is where he's going

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to uh have his store um we're gonna go past there now now this is the building that he's going to

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operate in obviously it needs some uh significant repair work that he's prepared to do um this is

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the interior of it uh but it's in terms of the shell of it it's quite it's quite a good size

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and and very appropriate to what he intends to use it for. These are our plans. His space

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is this area on the on the far left. These existing parts, it's one, the parcel is one

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address but it's many different spaces and so his face is on the far left here. And here

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Here we have the photos of the zoning poster for today's hearing, and this was his presentation

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to the RCOs, our tax clearance, and our lease, and we have an amended application for appeal,

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and our project information form

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and our RCO notice

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and proof of mailing.

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Mr. Ngo, has he

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been made part of the proceedings yet?

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Okay.

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Ah, great.

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Good morning, sir.

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Have him spell his first and last name, please.

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Sure.

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do you want me to spell my name yes first name is kassim t-a-s-i-m last name is najo n-a-j-o-h

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

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thank you mr masters yes mr joe you've heard my testimony um and seen the exhibits

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that we have submitted to the zoning board today do you agree with that testimony and do you adopt

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it as your own yes uh we we rest mr chair of the board unless you have any questions you

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would like thank you any questions from the board no no

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no no anyone else like to testify in this case if so please raise your hand

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chair I have Andrew Goodman Mr. Goodman you can unmute yourself

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good morning good morning Mr. Goodman please identify yourself for the record

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Andrew Goodman, G-O-O-D-M-A-N, here representing Office of Third District Councilmember Jamie Gaudier.

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We're in the firm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you, sir. Please proceed.

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Thank you very much.

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Members of the board, the council member has no opposition, so the variance is being requested at this address this morning.

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Thank you very much.

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Planning Commission. I'm sorry, anyone else would like to testify?

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No more hands, Chair.

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Thank you.

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Planning Commission?

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Thank you, Chair.

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Ian Hegarty on behalf of the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing industrial zoning at this

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location and we would agree that the proposed variance is the minimum necessary and that

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the retail sales use is compatible with adjacent uses and the Lower Schuylkill-Vaster Plan.

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so we would therefore recommend that the board approve the variance.

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Thank you.

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Sharon, were there provisos, and if so, are any of them enforceable?

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Mr. Masters, would you be able to pull up the letter, the RCO letter?

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Yes, I thought you might want me to do that.

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Let's go back to that.

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sorry i saw a bunch of stuff about community involvement and all those as you know mr

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ministers are not enforceable but i don't want to leave anything out that is enforceable yes

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this is the uh agreement is it is it popped up on your screens also uh at this point yes okay

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This is the agreement between the near neighbors and our clients.

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The letter from Southwest District Services didn't have any provisos in their letter,

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but they basically asked our client to meet with the local neighbors and to make an agreement.

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So we have a total of eight provisos, the cameras, financial assistance for a playground,

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local hiring, the senior discounts, relocating cars that occupy the pedestrian way,

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active engagement in block parties. These are all basically, not to interrupt you, but

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community benefits agreements, they're not really considered provisos for us.

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Is that correct, Sharon? None of that. That is. They're appropriate for a private agreement not

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to be added as provisos okay all right so let's move on uh calendar number 2020-002189

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5423 grays avenue my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

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