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Hearing video

ZBA Hearing - October 30, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 30, 20245h 46m

Then we have the letter of support from the West Philadelphia Economic Council, as well as a petition of nearby neighbors.

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Just a matter of background, one of my clients actually has a business on the commercial corridor, which is close by on 52nd Street.

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so he's the well-known quantity in the neighborhood i think that's why he was able to receive such

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support from the surrounding properties maps of the area which confirms the zoning of these

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properties but we're also near commercial corridor photographs of the property interior photographs

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as well you know just showing the current condition again this is going to be an adaptive

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reuse to make it a six unit apartment building our plans and drawings you'll see in the plans

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there's no basement use the trash room is dedicated in the basement of the building and

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there's no changes to the building footprint at all we are adding a ramp for ada compliance for

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the first floor units and there's no roof deck that's being added either we have our rco meeting

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notice uh we're you know showing proof in that notice for our community meeting um our application

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for appeal to the ZVA or D to the property,

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showing 5145 Delancey LLC is the owner of the property,

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and our Certificate of Tax Plan

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showing that that entity is in good standing with the city

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as it pertains to real estate taxes.

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At the conclusion of my presentation,

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I would ask that either Irfan or Saeed

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virtually raise their hands.

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I'll have a few questions for them

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so they can adopt my testimony as their own.

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Our notice of refusal, as I stated,

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this is split zoning. It's really RSA 5, but I think there's a sliver that's RSA 6, and that's

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why you'll see two zoning classifications here. Proposed use of the property is six dwelling

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units. The lot area is almost 3,100 square feet. The building size is almost 7,000 square feet.

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The building size is almost 7,000 square feet.

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So this is definitely a mistake.

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So this is definitely a misclassified zoning classification, especially given its history as well.

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Previously as a church and daycare, we have two refusals and essentially it's the same.

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Because of split zoning, the zoning examiner had a refusal for multifamily use for RSA 5,

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which is not allowed in that zoning district, as well as the proposed use for six units for RSA 6.

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So that's why we have two refusals, one for each separate zoning classification.

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We had a meeting which was spearheaded by the West Philadelphia Economic Development Council, and they voted for they are supporting this project.

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I think there is even a reference of my client's relationship with the neighborhood that he's a well-known quantity as well.

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then there's a petition as well my client you know personally uh walked around the neighborhood

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and obtained signatures from people in close proximity to the property

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and then as you can see here it's a little strange here and i definitely think this is

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misclassified but you can see we're on just off the commercial corridor on 52nd street

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and there's like really the cmx two and a half use should be kind of squared off where our

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property is it's squared off everywhere else or at worst it should be rm1 and if it was rm1 this

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use would be allowed as a right so i think there's a discrepancy with the zoning classification but i

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do believe regardless we've met our burden of of undue hardship here because of you know these are

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not RSA five properties or six properties, how they look.

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You know, we have a structure here that's well over 7,000 square feet

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and has, you know, a long history of non-single-family use.

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And then this is what you can see is the Google map perspective of the property.

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Again, we're just off the commercial corridor on 52nd Street.

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And in order to help support that commercial corridor, it's always good to increase the residential use of nearby properties when it makes sense.

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And then photographs of the property, as you can see here, we intend to put a ramp here.

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That's going to be ADA compliant, which will allow these units on the first floor to be like ADA compliant units as well.

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And then these are zoning hearing notice poster.

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And then this is the Lancy Street to the right of the property.

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And as you can see, we're actually next door to a gas station as well, which is kind of tough to have an RSA 5 or 6 use when you're adjacent to a gas station.

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But this is to the right of the property, and then this is to the left of the property.

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And then interior photos, as you can see, the remnants of a church as well as a daycare facility.

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and then our plans and drawings um we're putting all new windows in there uh that will be more

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architecturally interesting what's there also to modernize the building obviously adding a

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sprinkler and fire suppression system in there and here you can see the ramp from delancey

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you can see it from a better angle here as well we're not changing any dimensions in the building

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all we're doing is here you can see the lower level there'll be a trash room introduced

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to the lower level and then we will store all of our mechanicals as well

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and then this is the property as you can see it on each floor so this is the first floor you get

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in in there uh you go to right it's one unit which is a two bedroom one bath you have to start with

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the kitchen dining room living area laundry for each unit mechanical store to here and then there's

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the two bedrooms and then one bath each with closets in them same floor plan if you go to

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left kitchen living room laundry room mechanicals bedroom bedroom bathroom that's approximately a

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thousand square foot uh unit instead of going to left or right you go up a flight of steps

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you have units three and four you go to to the right kitchen living room dining room bedroom

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bathroom bedroom this these units are a little bigger so we're able to put a second bathroom

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here that's a two bedroom two bath and that's around 1100 square feet instead of making a right

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you make a left it's the same thing kitchen living area dining room washer dryer mechanicals

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bedroom bathroom bedroom bathroom that's also a two bedroom two bath identical to the other one

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on this floor of 1100 square feet and then the third floor it's a little bit smaller the building

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footprint up there um those are one bedroom one baths approximately 550 square feet

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Those are one-bedroom, one-baths, approximately 550 square feet.

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But again, nice, decent size.

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You have a kitchen, living room, dining room.

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You have laundry, mechanical, one-bath, one-bedroom.

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Instead of going to the right on the third floor, you go left, same thing.

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You have a kitchen, dining room, living room, bedroom, laundry, mechanical, bathroom.

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There's no roof deck on here.

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So we met with the community earlier this month on October 22nd at 6.30 p.m.

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We always emailed the notice and proof of mailing of that notice to the community as well as other relevant parties well in advance of the community meeting.

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We mailed that notice to 122 addresses, used the list of the addresses, proof of mailing to those addresses, our application for appeal that we filed on 5145 Delancey's behalf.

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along with the notice of refusal and the project information form,

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the deed to the property showing 5145 Delancey LLC as the owner of the property,

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and then finally the certificate of tax clearance.

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I'm going to stop sharing my screen at this second,

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and I would ask that Irfan virtually raise his hand and be sworn in.

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Irfan Hassan has been unmuted and allowed to speak.

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could you please state your name and spell for the stenographer

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hi uh my name is irfan hassan it's spelled i-r-f-a-n last name is hassan h-a-s-s-a-n

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and i am present here where or affirm to tell the truth the whole truth and nothing but the truth

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i will tell the truth uh nothing but the truth uh and the whole truth i'm sorry if i said

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That's okay. Council, please proceed. Yes. Irfan, you heard everything I stated today about your zoning matter. Correct. Yes, I did. And is it true and correct? Yes, it is all correct. And do you adopt as your own testimony? Yes. Thank you.

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Questions from the board.

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I do have a question.

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I see you've got a ramp.

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So the entrance is handicapped, accessible, nicely laid out units.

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They look good and they're furnished.

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So thank you for that.

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But are there going to be set aside units for handicapped accessible?

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We don't anticipate.

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We're not specifically setting it aside, but obviously we would love to

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be able to accommodate people with handicaps.

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Where's trash going to be stored? It's in the basement. It's the lower

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level. Let me just share my screen one more time. It's a dedicated trash room in the

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basement. Let me do that.

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How will that be managed?

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They're going to hire a property management company who will facilitate

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the removal of the trash every single week and and placement on the curb and making sure that

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it's cleaned up obviously after trash day as well you're not you're not going to have commercial

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i think i think at six we're required right yeah yeah so yes okay well you were saying

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it was going to be put out yeah i misstated i'm sorry but yes i i meant to put out of the curb

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to like then dispose of you know appropriately with the commercial trash hauler because where

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six units were required under the law to have a commercial hauler gotcha was this a partial

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basement or is this you're just showing that for the trash room and mechanical that's a partial

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basement okay so it's it's so there's no so the basement doesn't cover the entire building

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that's right um irfan can you confirm that i just want to make sure i'm accurately yes yes

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Yes, it's actually, the basement does not extend to the whole building size.

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It's just the very front of it kind of correct.

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All right, thanks.

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Any other questions on the board?

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Questions or comments from our attorney, Hilly Anderson?

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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, Chair.

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Plenty, Commission.

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Yes, this is Ron Bednar with the City Planning Commission, first name Ron, R-O-N, last name Bednar, B-E-D-N-A-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, Ron.

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This property is currently indicated for residential use on the city plan, given the site's physical condition and documented use history.

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Recommend the request for variance be granted.

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MI 2024-003-236-5145-47 Delancey Street, I vote.

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236-5145-47 Delancey Street.

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I vote yes.

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Michael Johns, my vote is yes.

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Next unit.

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Cheryl Gaston, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Mr. Nockamson, could you please stay on?

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I have one more case for you, I think.

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Thank you.

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MI 2024-004-300, 3401-03, North 10th Street.

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Mr. Nockmson, just state your name for the record.

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Alan Nockmson.

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And could you please identify your client, the relationship to the property?

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Yes, my client is Suite 215 Events, LLC, the owner of the property, as well as its operator.

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We do not have an RCO letter of yet, but we do have a letter of non-opposition from Council Member Young.

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Our vice chair has a few questions.

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Good afternoon, Council.

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do you agree to wave the reading on the refusal or stipulate to its accuracy? I do. Have you

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emailed in all the required documents and exhibits that's needed to proceed with this case five days

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in advance of this hearing? Yes, we have. Thank you, council. Please proceed and share your screen.

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Thank you.

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All right, so I'm here to present Suite 215.

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This event planning space is at the corner of 10th and Ontario.

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This board previously heard this matter in 2014 and granted a variance for this RM1 property.

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Similar to the other project, I do think that this zoning classification is mislabeled.

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I guess you can either argue we're at the beginning of a residential portion of the neighborhood or at the end of an industrial portion of the neighborhood.

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I think we're actually at the end of the industrial portion of the neighborhood, you'll see, across the street.

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Just the way the property is configured, this does not show as an R-in-1 property.

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What we're trying to do here, and you'll see from our presentation, which will go over the notice of refusal, we're trying to extend the hours of operation.

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We originally had a proviso, which had hours of operation from Monday through Wednesday till 11, and then Thursday through Sunday till 1 a.m.

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We're just looking for that extension of time from Monday to Wednesday to midnight and Thursday to Sunday to 2 a.m.

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In addition, I think that the classification that was previously under the old permit is something that's outdated.

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With the change in the regulations and the zoning code for event planning spaces, we would feel more comfortable to have this as a use in that entertainment.

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And because it's over 50 occupants, it would fall under the nightclub and public entertainment venue section of the code.

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Right now, it's stating that we're a social private club for members, which is not accurate and not accurate in terms of the use.

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Anyway, the correspondence, we don't have any correspondence, as the chairman stated, from 12th and Cambria Advisory Board.

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It was a well-attended meeting.

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We had over 20 people there. And the commentary that we received, because Mr. Goldberg from my office handled the meeting meeting, the commentary we received, according to Mr. Goldberg, was that people were very positive about the use of the property.

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It's always tough to get event planning spaces approved, whether it's by variance or special exception, especially when you gain an extension of that use.

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But people were quite positive, saying that it's clean, they're quiet, you know, the operator is very respectful, and they had no objection to the extended use or just the updated use based on the current zoning permit application.

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um next we have is the and and it sounds like that has gone to the the district council member

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where district council member uh young has i guess and we don't have that letter but you know it

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sounds like he's issued a letter of non-opposition to this project um you know gonna have the use

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permit which shows the approved use of this property over a decade ago um and there's been

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no issues and actually has been a positive effect on the community. Photographs of the

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property, our plans and drawings, our RCO meeting. Notice, again, the well attended meeting of 20

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individuals, our application for appeal, deed to the property, and certificate of tax clearance.

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Oh, wait, hold on. All right. All right. So for 3401-03 North 10th Street, again,

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this is an RM1 property, which I think is not classified correctly and has not been used like

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that for some for well over a decade i think we're you know uh we're not you know anyway but

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we're looking for use as assembly and entertainment um and you know we fall into the

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We're looking for use as assembly and entertainment, and, you know, we fall into the category of nightclubs and public entertainment venues because we're seeking an occupancy over 50 individuals.

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As you can see here from the notice of refusal, previously it was approved as a social private club for members with the following provisos, hours no later than 11 on Sunday through Thursday and 1 a.m. on Friday and Saturday.

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We're trying to expand that use where Monday through Wednesday, it would be up till midnight and Thursday through Sunday, it would be up to 2 a.m.

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excuse me so it also had a proviso as a banquet hall only um again we met with the community on

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october 17th we've been asking for the letter don't know if mr wooten who is the representative

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from 12th and cambridge advisory board maybe he'll be on and and confirm you know what our

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understanding of how the meeting turned out um but again i believe that the district council member

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has issued a letter of non-opposition which speaks volumes about you know the proposed use of the

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Here's our zoning permit in 2014. So this use has been active as, you know, for catering purposes for over a decade. And, you know, there has been no issues.

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Here's our zoning map. And as you can see, we're RM1. It's a rather large lot of 3,500 square feet. Again, we're RM1, but we also border I2, and there's a lot of industrial use in this neighborhood too.

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there's also cmx to use as well and then this is where we are 10th in ontario

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photographs of the property so our trash and this is probably not the best photo

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will be stored outside and this is where it's held right here

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