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Hearing video

ZBA Hearing - June 14, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jun 14, 20235h 49m

Church on 55th and Happenford Avenue.

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Reverend, do you, hold on one minute, sir.

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Could you spell your name, please, for the court stenographer?

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Yes.

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It's R-O-O-D-N-E-Y-E-L-L-I-S-K-I-N-G.

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Thank you.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth?

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Yes, I do.

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Please proceed.

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Yes.

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I'm the senior pastor of the Philadelphia Baptist Church, and we've been there for 17 years.

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And I support this particular project because there is a need for low-income housing for single mothers.

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It's a lot of single mothers in that area. And I really support it. We have a food ministry in which we provide food in that neighborhood for parents and families who are in need.

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And it's a great need. Now, that land, that property, I've seen it for many years.

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It used to be Haverford multi-services for older adults.

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And the building just sat there for years and years and yet nobody done.

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And the building just sat there for years and years, and yet nobody done anything with it until it caught on fire.

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And nobody said anything about it.

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People were going in the building, and some folks even died in that building, and no one complained.

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but now here's a positive program in order to support and and help the community help

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vitalize that community and and now some people want to complain about it you know

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about drainage reverend we appreciate you calling in we just want to make sure we get to everybody

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else so thank you so much oh i'm sorry i didn't mean it no no no you had great

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insight and we appreciate everything you've said is there anyone else in the virtual audience

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um yes sir the hand the person who had uh the samsung sm has their hand raised again i'll

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allow them to speak again at this time okay hi could you state your name and spell a piece

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for the court stenographer sir or madam it is star six two unmute

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still have a problem chair you can move on okay thank you very much is there anyone else

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no sir that is all planning commission

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good afternoon chair peter bernardo for the planning commission

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the comprehensive plan recommends a change to rm1 multi-family residential at this location

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the proposal is largely consistent with the recommended zoning accordingly the planning

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commission recommends the board grant the variances thank you very much mi 2023 000 731

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5500 haverford avenue i vote yes revised plans two pages stamped by zba june 14 2023

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Thomas Holloman, my vote is yes with Provaizo.

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Ishmael Shahi, my vote is yes with Provaizo.

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Counselor, you have your votes.

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Thank you, Mr. Chair and members of the board.

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Have a good afternoon.

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Thank you.

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Number 12, MI-2022-007382-2817 North 12th Street.

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Stephen Pollack is the attorney.

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recommendation of support from 37th Ward RCO

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Mr. Pollock if you're still in the audience

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please raise your virtual hand

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The hand keeps going up and down for some reason, sir.

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His hand?

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Yes.

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Mr. Pollack.

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All right.

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He's been promoted to panelist, sir.

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Mr. Pollack, state your name and spell, please, for the court stenographer.

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Okay.

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Hi, Mr. Pollock. How are you? State your name, please.

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Good afternoon, Chair.

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Stephen G. Pollock, S-T-E-P-H-E-N, G. Pollock, P-O-L-L-O-C-K.

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

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I'm representing the Builder of Better Neighborhoods LLC, and I have with me the principal, Jim Henry, who will join us at the appropriate moment to go through our testimony.

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Okay. Our vice chair has just a few questions for you.

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Pardon me, Mr. Chairman. Could he be sworn?

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I'm sorry. Do you swear or affirm to tell the whole truth? Nothing but the truth.

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I do as an officer of the court.

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Okay. Our vice chair has a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do, Mr. Shahid.

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

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Yes, sir.

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Thank you so much. Please proceed and share your screen.

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Do you want to bring your first one, Mr. Pollack?

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Do you want to bring your personal one, Mr. Pollack?

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Yes, if you could bring Nika Realbuto in.

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Yes, if you could bring Niko Rialbuto in, that would be appreciated.

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Thank you, Mr. Chairman.

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I'm notorious now.

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I need a second.

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You're not notorious, but.

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I'll be coming back in soon.

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That'd be great.

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Okay.

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Here we go.

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Okay. Okay. This is a, Mr. Chair, members of the board, this is a request by Jim Henry and his wife, Paulette, to allow this. They have a consolidated lot that includes the house just to the right. The center area is two other lots that have been consolidated in the one lot.

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We want to have two accessory parking spaces in this lot.

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We also have gotten permission to remove this stockade fence, and we have an as-of-right permission for a gate and a fence already.

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And, Nico, if you could go to that, to just show you the style of the fencing that we have gotten permission for.

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The permit for that is at our Exhibit A4 at ZP Permit 2023-003403.

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that allows this stockade fence to be removed, to create this open estate style fencing, and then have two spaces behind it.

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So if we could go to show the photos again, Nico, just of what's around it.

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Mr. Chairman, members of the board, unique property.

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It's set back officially to the fence, where the fence will be.

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It's going to be about 30 feet from the curb line.

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12th street is officially 12 26 and 12 for a roadway meaning we have a 12 foot

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pavement in front of us then we are set back at 18 feet then another foot to the where the

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building is and another foot for where the proposed fencing will be so we'll be about

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30 feet away from the 31 feet away from the curb line so this area of refuge creates a good area

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for a car to come in and out

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so it won't surprise somebody walking in the neighborhood.

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And as you can see, the property to the immediate left

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at 23 is also owned by Jim Henry.

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And then the property's to the left of that.

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And if we have to go to some of our other pictures,

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to the right is our property,

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similarly situated, the Jim's,

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but they have porches and a little front area

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in front of them. Jim's property is this unique property. The lot itself is 46.5 by 91.5. So it

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yields about 4,200 square feet. This front area that will be an area of refuge is about 883 square

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feet. And so it has great side triangles. To the left of the building that we've identified Nico

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showing as at 2823 are all single family homes that are the traditional right up against the

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property line so this is something that we are saying that um across the street from this is

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the climber school they it's between on 12th partially on 12th between rush and william and

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there there's the climber school it's directly this is from jim's front porch where there's a

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sort of a cordovan car in front and that's uh rush street there and during the school year

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what happens is jim allows parents to park uh who are ready to pick up their children

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at opening and closing or dropping them off at opening and picking them up at closing.

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So having a defined area like we would have with the curb cut that has been approved by the streets department,

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we have that streets department approval at our A5, at SR2022, 0132829, we'll do a couple things.

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One, it allows for less congestion from the school when they have pickup or kids arriving because the parents will be allowed to park in that front area.

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So we don't believe we're going to be causing any congestion in the public streets.

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By having three lots that are the consolidated area, we have 46.5 square feet of frontage along 12th Street.

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We believe that that gives you adequate space and is not really detrimentally taking away a parking space.

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We have the hardship is because we are allowed to have all street parking, especially for a single family home, as this is.

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But in the RM1 district, you either need a shared driveway, an alleyway or a rear street that has that has no parking on the side abutting your lot.

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Well, physically, there is no rear street abutting our lot to the rear.

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Well, physically, there is no rear street abutting our lot to the rear.

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And as you can see.

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And as you can see, there is no shared driveway or alleyway that gives us access off of North 12th Street.

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So Jim and his wife rehab the property to the right where he resides along with Paulette.

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And these two lots that are proposed for, Jim uses them as a garden.

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And Niko, if you can show the board, I think it's in our segment too.

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We had to split this up into two segments because our server wouldn't let it go.

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But these are these are shots.

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Nico's arrow is showing you that they use it for some plantings and ceilings.

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And Jim has a couple of big dogs.

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He's got his barbecue unit in there.

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So it's all for personal use and everything like that.

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And but these were two vacant lots that he acquired from the housing authority back in 2009.

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And so I think the support of the neighborhood, which was 15 all members unanimous who showed up, plus Denise Anderson exercise 10 proxies she had to give us a 25 nothing vote was because the people in the neighborhood know Jim and know Paulette and they know that they've been very good neighbors with that regard.

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So with that, Mr. Chairman, I would ask that all our exhibits be included into the record. As you know, we do have support from the 37th Ward, RCO, and I would ask that if Jim Henry could be especially not only listed as a panelist, but if we could just have Jim be shown physically on the, for one, as I ask him the questions, that would be great.

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Sure.

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so jim i hopefully you're there and you've

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i know we've been talking well texting all the time and he knows

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do we see a hand jason um yes he's been allowed to speak sir okay can we let him be seen too jason

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if it means taking down my exhibits great i don't care can you hear me wait yeah we can hear you but

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We can't see you quite yet.

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You have to hit that mic.

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So I say, Mr. Pollack, I'd like to move it along.

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Mr. Henry, could you state your name and spell it for the court sonographer?

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Yes.

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James, middle initial E, last name Henry, H-E-N-R-Y, the third.

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Right.

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Right.

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

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I do.

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Jim, you've heard what I've stated on the record.

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Were you here during, you did hear everything I stated on the record.

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You were here during the whole presentation of your test of our testimony, correct?

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Yes. And do you in your opinion and your belief was what I stated on the record?

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True, correct. And in the affirmative? Yes.

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And do you adopt that as your testimony today as if you've stated it on the record?

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I do. OK, with that, Mr. Chairman, again, just move.

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Mr. Powell, Mr. Powell, just one question. That side of the street, is there parking there?

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Yes, there is.

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Okay.

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All right.

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Thank you.

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If you look at the pictures, Mr. Chairman, you can see that it's sporadic parking because there's several homes.

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Jim, if you're still on, maybe he just, there are several homes that are vacant and being rehabbed or in disrepair.

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Jim, is that true?

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Yes.

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Yes.

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So that provides.

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Okay.

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Questions from the board?

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No, Mr. Chairman.

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no chair what should your comments from the virtual audience

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i see no further hands mr planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends a change to rsa 5 single-family residential use at

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this location. The applicant's hardship is not supported of evidence of unique physical

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circumstances or conditions on the property that would prevent it from being used in accordance

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with the code. Additionally, we feel this proposal represents a privatization of on-street public

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parking. Accordingly, the Planning Commission recommends the Board deny the variance.

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Excuse me. Mr. Park, what I want to do is I'm going to take this to

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executive session and talk to the other board

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members to see exactly where we stand

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with this. Thank you for your

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presentation.

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I will

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have over off next Wednesday, the following

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Wednesday, we'll do this at 2

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p.m. I'll have it.

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As we stated, these are

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three properties consolidated.

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I understand. They have the unique physical

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circumstances of being set back

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30 feet, 31 feet

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from the curb. Thank you, Mr. Chair.

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Mr. Park, I understand your point.

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Thank you very much.

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We'll have an answer for you in two weeks.

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