civus
Hearing video

ZBA Hearing - May 26, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 26, 20215h 28m

in their letter

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last parrot last sentence chief ability is supporting 161 north 60th

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and with that i'm going to have my client christina meh raise her hand to be acknowledged

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he's been allowed to speak sir ma'am please identify yourself with the records by your

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name and I'll swear you in. Christina Ma, that's C-H-R-I-S-T-I-N-A. Last name is Ma, M-A-H.

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We're affirmed to tell the truth, the whole truth, nothing but the truth. Yes.

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Ms. Ma, did you hear my presentation today? Yes. And was it true and accurate to the best

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of your knowledge? Yes. And do you adopt it as your own testimony if need be? Yes. Thank you.

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That's all I have, Mr. Chair.

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Thank you.

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Any questions from the board?

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No.

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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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The Galaxy S8 has their hand raised.

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I will allow them to speak at this time, sir, if that is okay.

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Okay.

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Okay.

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Galaxy S8, please unmute yourself and wait to be sworn in.

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Aye.

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You can move forward, Chair.

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Thank you.

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Planning Commission.

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Thank you, Chair Chico. Ian Hegarty for the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the CMX1 zoning at this location.

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We don't feel that the applicant's hardship claim is supported with evidence of unique

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physical circumstances or conditions, and nor have they shown that there are no other viable

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uses in this existing commercial space. So we have no objection to the two dwelling units,

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which are previously permitted non-conforming however the commission recommends that the board

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deny the variance for a restaurant due to lack of hardship. Mr. Chair if I could just speak briefly

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on it the photos are proof that clear evidence that the property hasn't been a viable CMX1

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piece of real estate in a very long time. This is not a commercial corridor this is a neighborhood

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It's just not necessarily a place where an office space would go or some other sort of CMX1 use.

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Thus, it's been laying fallow for as long as it has.

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And that's why the community is so excited about finally breathing new life into the property.

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I have nothing else.

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MI2021-000462, 161 North 60th Street.

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My vote is yes.

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My vote is yes.

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my vote is yes thank you mi 2020-002194 2230 west ontario street miss clark

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jocelyn clark i believe is the owner

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she was on earlier

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Ms. Clark is being promoted to panelists now, Chair.

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Thank you. Ms. Clark, please spell your first and last name again.

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My first name is Jocelyn, J-O-C-E-L-Y-N. Last name is Clark, C-L-A-R-K.

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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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Yes, I do.

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And you are the owner, correct?

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Yes.

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You're not a nonprofit and you're not an LLC?

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That is correct.

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i'm sorry hold on do you agree uh confessor are you there

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uh no chair remember he had to walk away right you got it do you agree uh to waive a reading

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and stipulate to its accuracy yes have you uh emailed an exhibit packet with the required

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documents, including proof of ownership, proof of tax compliance, a copy of the refusal or

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referral, and photos and or plans of the property five days in advance of this hearing?

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Yes. And have you met with the RCO, and do you have a letter? Yes. Thank you. Now you may proceed.

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Well, I am the owner of 2230 West Ontario Street. Should I share my screen? Yes,

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please. Okay. I'll need a moment to make sure I'm doing it properly.

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We got it, Ms. Clark. Thank you.

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I am the owner of 2230 West Ontario Street, and I want to be a

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an owner-occupied renter. And my property is currently zoned as I2 industrial.

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However, I want to change the use to R1. Currently, I have a request in for use variance.

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It is possible that I've used the wrong terminology on my request for use variants, but my request is to rent the rooms on my second floor and reside on my third floor, which is now an apartment.

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So here's my zoning notice, which has been posted on my home continually.

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on my home continually this is my project information form

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This is my project information.

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the zoning refusal my application for appeal and this is my actual um

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if you could enlarge your exhibits that would be helpful ma'am oh sure let's see

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Hmm, let me work on that.

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Can I just zoom in?

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Hmm.

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No, I'm sorry.

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Are you trying to-

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Is that better?

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If you go back to where you are-

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Okay.

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Okay. Zoning notice. Okay. This is the zoning notice. Shall I zoom? I don't know how to make

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it bigger. I'm sorry. So your vast screen, you can view. View? Okay. View.

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did that help maybe i'll right click and see if i can fully

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i'm sorry i don't know what i'm doing

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yes try that oh up here the magnifying glass I think that's search

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yeah that's search phooey uh let me try this you're using

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I have a mac this is a powerpoint presentation maybe that's where I should go powerpoint

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i'm sorry it's been a while since they used your mac all right well no i just

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move on if we need something specific we'll ask okay

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slide show oh boy slide show no worries you can keep going okay i feel like it's so so close but

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um i have the zoning notice for the meeting um the project information form

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the notice of refusal which reads um it was refused for the following reasons single room

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residence prohibited in the zoning district my zoning is currently considered i2 industrial

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and this is my appeal application stating that this property was already located in this zone

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and its current size shape and contours and dimensions the only capital improvements

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have been made to this property and i want to rent the existing rooms that are already in the property

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uh this is my um i'm so nervous please forgive me this is my deed glad i labeled it um showing

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proof of ownership of the property i'm going the wrong way i think

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and this is my certificate of tax clearance which was required for this procedure

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and this is my recent payment to the school tax form because since then my sister-in-law has moved

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in this is my letter of acceptance from the tayoga united rco for the community meeting which was held

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back in January. And one example of a neighbor's letter of support

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stating they live on the block and they're in support of my plan to rent rooms on my second

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floor to able-bodied, independent. This has been changed to individuals as an owner-occupied

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renter of three units at this address. That's one example. And this is the picture of my

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front of my property with the zoning notice that is posted as required. And this is the first floor

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living room, which is a shared space, dining room, the kitchen, oh, backyard. And some of the

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provisions that were required for the community organization was to store trash in the back of

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the property, the backyard, the shared kitchen on the first floor, second floor shared bathroom.

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on the first floor. Second floor, shared bathroom.

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Second floor, shared bathroom. Another visual of the shared bathroom for the three rooms that I

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want to rent. This is the second floor, middle room. Second floor, middle room.

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second floor front room more pictures of the front room

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front room and this is the rear room my sister has moved in when I started this process she

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moved in and I filed the tax payment based on the amount she was paying me for having a room

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in the home. This is the hallway. Now there are fire extinguishers throughout the home.

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And I also have an alarm system which can be automatically connected to the fire and police

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department if that is a requirement. I am willing to upscale my current alarm system. It's available.

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as an additional monthly fee.

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And that is the end of my slideshow for that.

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But I also have a Google Maps picture,

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which shows where the property currently is

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from an aerial view.

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And this is my property here.

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And as you can see from the aerial view,

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2230 West Ontario is actually a residential block, but we're surrounded by industrial

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enterprises, both on Westmoreland behind our property on 22nd Street, as well as to the west

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on Stockley Street. However, this block has always been residential for these houses

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and there used to be a particular business here that used to be called Snyder's, but now it was

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purchased by an organization, but it's not being used right now. So that completes my

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presentation if there are any questions that need to be asked please do so um but i'm just

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requesting the use variance because my zoning is industrial however this really is a residential

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block okay understood thank you um any questions from the board no no no no else would like to

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testify in this case? If so, please raise your hand. One of my neighbors was on Zoom, but I'm

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not sure if she's presently there now. We'll handle that, ma'am. Thank you. Chair, we have someone that

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says call-in user 2. Call-in user 2. Yes, you've been unmuted. You can speak now.

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call please identify yourself with the records by your full name

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hello hello hello good morning please identify yourself with records

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um yes it's adrian fernandez swamp little neighborhood process association rcio

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we're going to tell the truth the whole truth nothing but the truth

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yes please proceed

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i'm just testifying that we support this project and we had um three provisos that

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we'd like to know if they can be um enforced the first one is uh

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excuse me yeah continue okay the first one is a one-year lease agreement because it is a

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boarding home and the second one the applicant jocelyn already mentioned which was trash stored

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in the backyard except trash days trash and recycling and the third one you can give me a

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minute oh the third proviso is um that owner occupancy is required yeah the first one and

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last one are not enforceable but we will make a proviso about trash anyone else okay thank you

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planning commission

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chair we have uh charles richardson sorry mr richardson you've been unmuted and you can speak

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Mr. Richardson, you've been unmuted and you can speak.

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Morning, Mr. Chair.

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Morning, sir. Please identify yourself and I'll swear you in.

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Charles Richardson from the Office of Councilwoman Cindy Bass, Green City Hall, 312.

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I swear to affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed.

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The Councilwoman has no objection.

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Though she normally does not support rooming houses, though the two RCOs do support it, so she has no objection.

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Thank you very much. Planning Commission.

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Thank you, Chair Chico, members of the board.

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The comprehensive plan, Ian Hegarty for the Philadelphia City Planning Commission, excuse me.

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The comprehensive plan recommends a zoning map change to ICMX at this location.

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The proposed single room residence isn't necessary to enable viable economic use of this property, though, which is currently a legal, non-conforming to family dwelling.

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So we would argue that the applicant hasn't demonstrated hardship.

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The City Planning Commission recommends that the board deny the variance.

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That block is residential, correct?

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It is, sir.

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our our recommendation of denial is based on the fact that there's an existing permitted use

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that allows the owner to make viable economic use of the property

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okay thank you all right mi 2020-002194-2230 west ontario my vote is yes with the proviso

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trash to be stored in

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backyard.

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Yes, with proviso.

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Yes, with proviso.

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Yes, with proviso.

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Thank you. Go to number 7

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MI 2021-000

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465

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2252

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North Delhi Street.

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There's a letter

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of support from the 37th

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Ward RCO.

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Mr. Jin.

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mr jen is being promoted to panel this year

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good morning good morning please identify yourself and i'll swear you in yes zenjin z-h-e-n

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j-i-n 1617 john f kennedy boulevard suite 1838 philadelphia pa 19103 here on behalf of the

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applicant. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do. Mr. J, you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do. Also, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral,

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photos and plans five days prior to this hearing? Yes. Also, have you met with the RCO and have a

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Yes, we do. Thank you. Please proceed. Thank you. I'm going to share with the board the information relating to this case.

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Yes, I want to make sure I'm sharing the right information.

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So I have up in front of the board right now the refusal I want to point out this is an REM one zoned district with an overlay district for the NCP sub area C, which

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The lot itself is actually 1,231 square feet, would have otherwise been by right for three units, which is what we're asking for, but the sub-area C increase in requirement made it so that it was slightly short.

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We met with the RCO and actually obtained their support. A letter of support was submitted to the board. As you can see, for the most part, the community was in support of this.

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the area is again rm1 and the three family allows the units to be a little bit smaller and a little

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bit more accessible to the community with the plans and i'm going to show the plans first before

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we look at the photos because it's essentially a lot with the plans we made the roof deck very

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small because it's really for just a small outside space to put trash until pickup rather than having

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