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Hearing video

ZBA Hearing - September 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20214h 46m

I'll answer them. Yes. Do you agree to wait the reading of its refusal and stipulate to its

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accuracy? I do. And have you emailed an exhibit packet with the required documents, proof of

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ownership, proof of tax compliance, copy of the refusal, or referral photos and plans five days

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prior to this hearing? I have. And have you met with the RCO and have a letter? Yes.

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thank you please proceed thank you so uh 3693-95 morale is a referral it is not a refusal

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is a referral it is not a refusal uh and what we're doing here is i'll zoom out for you

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uh and what we're doing here is

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we're taking this parcel and we are subdividing it so that my clients uh can purchase one of the

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spots and uh it's a church is the existing structure my client is apple tree child care

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and learning center it's a four star blue ribbon accredited preschool uh currently operating in

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the lower level of this existing building.

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We wanna just expand upstairs.

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It was a previous house of worship

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and I'll walk you through the subdivision plan.

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Here's the photos of the interior of the first floor.

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And

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we've got exterior shots

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let's see if i can paginate them correctly

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again this is the bird's eye view of the property and the church itself

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on the lower level is where the preschool is currently they want to go upstairs

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This is the interior of the lower level.

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They've been in the neighborhood for quite some time.

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They provide an incredible service to the community.

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There's currently a waiting list for the expansion.

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And that is why we have been able to secure.

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I'm also moving into evidence.

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Of course, the D, the Certificate of Bulk Mailing, 168 pieces, as well as the flyer, both flyers that we mailed to the near neighbors, practically unanimous support with only one unaffected member opposing.

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and of course we also received a letter from council even councilman o'neill sent a letter

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late yesterday via alice and you should have that in the file i don't have that in my packet

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it was sent over after my it people put this together but i did personally forward it to

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miss sunkett and attorney saletta as well and with that i respectfully request the granting of this

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special exception. Thank you. Do you have a client? Yes, I do. If Mr. Borenstein could

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please raise his hand. It's Robert Borenstein. And Mr. Robert, is it available? I am here.

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Can you hear me? Yes, please spell your full name, sir. Yes, it's Robert, R-O-B-E-R-T.

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Borenstein is B-O-R-E-N-S-T-E-I-N.

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Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you, Mr. Anastasio.

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Thank you, Mr. Chair.

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Mr. Borenstein, did you hear my presentation to the board this afternoon?

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Yes.

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

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Yes.

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And would you adopt it as your own testimony, please?

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Yes.

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Unless there's any questions, that's all I have, Mr. Chair.

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Thank you.

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Any questions on the board?

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

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no handshare you planning commission

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ron bedmower city planning

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this property is um comprehensive plan recommends that the residential at this

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location no change uh is proposed the um special exception application we believe is uh

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is sufficient and we recommend request the board that they thank you mi 2021-002318

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three six nine three dash nine five morelle avenue my vote is yes

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professor plaza my vote is yes james snell my vote is yes thomas holliman my vote is yes

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thank you all thank you thank you now go to case number 10 mi 2021 dash zero zero two four two six

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4920-50 city avenue gussie o'neill is the attorney of record rco submitted letters of

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non-opposition they are the city avenue special services district and winfield residents association

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good afternoon good afternoon please spell your full name

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Good afternoon.

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Good afternoon.

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Please spell your full name and I'll swear you in.

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Sure.

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My full name is Augusta O'Neill.

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My last name is spelled O-apostrophe-N-E-I-L-L.

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You swear for him to tell the truth, the whole truth and nothing but the truth?

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I do.

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Thank you.

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Mr. Plaza has questions for you.

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Yes, ma'am.

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Have you await the reading of his refusal and stipulate to his accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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Yes, I did.

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Okay. And have you met with the RCO and have the letter?

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Yes, it's part of my exhibit package.

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Thank you. Peace for the seat.

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Thank you so much. I'm just going to share my screen.

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it's going to be fairly brief i know you guys are uh interested to get done before too so

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i'm with the law firm of clara harrison harvey brandsberg um i'm here this afternoon on the

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property at 4920 uh city avenue which is commonly known as the balla apartments i've been before

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the board um within the past couple months on several similar applications uh my clients had

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entered into a partnership with Woodward Properties for a handful of multifamily properties,

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including this one. This one is zoned RM3. And after entering into their agreement with Woodward

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Properties, they just were doing some due diligence and discovered that a number of the city's records

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for the properties were incorrect. This property is one of them. This property is reflected in the

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city's zoning records as having only 55 units, when in actuality it's 56. But the reason that

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I'm here before you this afternoon is because we are asking for a use variance. There is an office

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in this building. It was previously, according to the zoning files on Atlas, the zoning, I'm sorry,

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the office had been used as a barbershop back in the 70s, and then it was a doctor's office.

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So we are asking for the use to be approved as a business and professional office on the first floor.

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So there's not going to be any construction. The office is already at the property.

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We did meet with the designated RCO, the Winfield Residence Association, on June 15th of this year.

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The neighbors had no opposition, and their letter of support is in my exhibit package at tab number two.

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kim white is with me this morning from the uh representing the ownership and she is available

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to answer any questions that the board may have about the application um and so with that being

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said i just wanted to call forward ms white to adopt my testimony kim if you're available if

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you could just hit the raise hand button right please raise your hand and spell your name and

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I'll swear you in.

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Ms. White is available.

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She can unmute herself.

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Hello?

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Ms. White, yes.

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Your full name, ma'am?

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Kimberly White.

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I'm sorry.

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If I could.

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Somebody has another device on.

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Ms. White, do you have another device on?

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If so, please turn that off, please.

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We're getting feedback.

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Mr. O'Neill, you being an officer of the court, you stipulate that your client would

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have adopted your testimony.

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Any questions from the board?

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Thank you.

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No, Mr. Chairman.

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No.

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No.

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Anyone else to testify in this case?

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If so, please raise your hand.

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no hands chair thank you planning commission ron bednar city planning the comprehensive plan

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recommends no change in the existing residential multi-family zoning at this location the proposal

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for the first floor office complements the existing uses in the surrounding area with purpose and

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spirit of the zoning code therefore we recommend the request of variance beginning thank you

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am i am i 2021 that's zero zero two four two six four nine two zero dash five zero city avenue my

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vote is yes professor plaza my vote is yes james snell my vote is yes thomas holliman my vote is

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Yes.

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Okay.

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MI 2021-0007874918 Walnut Street.

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4918 Walnut Street.

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Darlene Threat is the attorney of record.

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Darlene Threat is the attorney of record.

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Councilwoman Gautier sent a letter of non-opposition

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provided the number of units is,

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a number of units did not exceed three units.

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And Ms. Threat is coming in now as a panelist.

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Thank you.

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Tanya, how are you all doing on time?

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We're going to lose the Zoom.

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Chair, you can continue until completion, and I will be available as you wish to help with that process.

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All right, thank you.

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There's only one other case after this.

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Thank you.

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Mr. Chair, please spell your full name, and I'll swear you in.

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You're muted.

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Ms. Threat, Ms. Threat, you're muted.

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okay i should be unmuted now you're unmuted now please identify yourself and i'll swear you in

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good afternoon commissioners darlene threed on behalf of the applicant rahabat properties

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main principal abby l moosey my address is 45 east city avenue felicanwood pa 19004

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you swear a friend to tell the truth the whole truth nothing but the truth

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Yes, I do.

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Thank you.

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Mr. Plaza has questions for you.

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I'm sorry, Chair.

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Mr. Plaza, I apologize.

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But could we just have her last name

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spelled into the record, please?

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That would be T as in Thomas.

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H-R-E-A-T-T as in Thomas.

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Thank you, Kylie.

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Kate, do you agree to waive the reading

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of its refusal and stipulate to its accuracy?

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Yes, I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, voters and plans five days prior to this hearing?

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Yes, I have.

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And have you met with the RCO and have the letter?

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Yes, I do.

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Thank you. Please proceed.

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Commissioners, I would just like to begin by amending my application.

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We originally applied for three, excuse me, five units, and we negotiated with the community

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whereby we will only be presenting three units.

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Can you see my screen?

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Yes.

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I have submitted a presentation package.

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In the package contains the zoning permit application, a refusal, the appeal, the deed

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and tax info.

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I'd like to specifically say the tax info shows a one cent balance and you cannot pay a one cent

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balance on the city website. There's property information, zoning history, plans, pictures,

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community flyers, and a letter of support. Commissioners, we applied to have a five

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family dwelling at 4918 Walnut Street. I'm just going to give you a little background. We met

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with the community several times initially they were very very opposed to the five units

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we went back and forth and we had another meeting and we met near the property we ultimately agreed

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to reduce the density of the request to three units so at the end I would like to have the

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new plan stamped if that's acceptable yes ma'am so I'm not going to go through every single document

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here. I'm just going to kind of scroll down. Here's the deed which shows that my client

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Rahabat property bought this property I believe in 2020. Excuse me this is Sharon. One question

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is three. Is this the reuse of an existing structure? Yes. Okay then the board cannot

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add a revised plans proviso. Any proviso would then be simply limiting the number of units.

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Thank you.

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Very well.

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Here's the one cent balance on the taxes.

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I gave you some property information just to show the general mandates of the property.

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Commissioners, I included in my package here today some what I would call property history.

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I wanted to show you that the neighborhood and the character of the properties here are changing.

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There are many multi-families on the 4900 block of Walnut Street.

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I counted 10 myself.

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There's a six-family dwelling at 4950 Walnut Street.

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Oops, there's a two-family dwelling at 4909 Walnut Street, excuse me, a three-family dwelling.

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and there's a

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