civus
Hearing video

ZBA Hearing - July 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 7, 20214h 54m

So we would ask that I acknowledge that it's very unique.

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So my client's architect submitted new zoning permit applications after meeting with the community groups to add the porch.

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So especially given the board's backlog of cases, I would ask that the board hear this matter, hold it under advisement.

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Let's get something on the Eclipse system because there are notices of refusal that have been issued and that were part of our packet of materials.

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So, again, these refusals are based, these new refusals are based on requests by the community groups who support our project.

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To me, and correct me if I'm wrong, this is a matter more about, as it relates more to staffing than it does to this board at this time.

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I'm not sure if that's accurate.

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So, Tanya and or Rebecca, if you can weigh in, I'd appreciate it.

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Yes, Chair. Unfortunately, we can only go forward with the refusals that were submitted to the zoning board. We cannot move forward with new refusals because they were not submitted to us with the application.

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So in our agreement with License and Inspection Zoning Unit, we would not go forward with cases or refusals that were not submitted to us because it will not tie back to what L&I has in the system.

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Therefore, we can discuss offline and come up with a plan for these cases.

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So my understanding as to this is that under similar circumstances, this board has considered these such matters. And in terms of a proviso citing the application number, I know you have a lengthy list.

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If we can just get an either present and hold under advisement and clean it up, because I think it's just dotting our I's and crossing our T's, I would really, we would really appreciate that.

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Why don't you and Ms. Sunkett have an offline conversation?

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So for the moment, we'll go forward with our list and see if you can resolve it offline.

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Thank you, Mr. Chairman.

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Okay.

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Okay. Any other? At this time, I will entertain any requests for continuances or withdrawals.

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Chair, Sean Whalen has his hand up. Mr. Whalen, you can unmute yourself and speak.

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Mr. Whalen, please identify yourselves by your full name and I'll square you in.

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Yes. Hello. Sean, S-E-A-N, Whalen, W-H-A-L-E-N. And I do apologize. This is just a

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quick clarification i swear or affirm to tell the truth which the board just voted and i just um

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my computer was a little glitchy so i only

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mr whalen please allow the chair to speak well and i was trying to swear you in

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to tell the truth the whole truth nothing but the truth yes i do

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you're asking for clarification uh yes i apologize my zoom connection was a little glitchy

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and i heard the vote for 1201 west gerard reconsideration called and then i only heard

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i think two votes but i might have heard a third and i know that there are four board members today

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so i just wasn't sure what i was there will be three or not three three three board members

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voting on this today and uh mr plaza if you can uh give mr will and the vote

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say that again for 1201 1201

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say that again for 1201 1201 how that vote go it was three votes you smell it was two yes and one

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no okay uh thank you chairman and did you abstain if i did okay um so that constitutes a denial of

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motion? You'll get a letter letting you know. Okay. Thank you. Anyone else requesting a

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continuance or withdrawal? There are no hands at this time, Chair. Thank you. So we'll go to the

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regular list rebecca i didn't leave anything out on your end did i

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not so far as i'm tracking okay thank you again mi 2021-00142512 east silver street

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there's a letter from rc from the rco and in opposition

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Mr. Nockamson, this is your case. You're already sworn in. You're still on the roof.

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He's coming back in as a panelist now, Chair.

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Good afternoon, Mr. Chair, members of the Board.

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Alan Ockamson of Ockamson PC 123 South Broad Street, Suite 1600, Philadelphia PA 19109.

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May I share my screen?

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So I'm here today to present 12E Silver Street.

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So you'll see a packet of materials, which include-

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I'm sorry.

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I'm sorry.

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Confessor, are you there?

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My apologies, Sonny.

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Thank you.

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I'm sorry, do you agree to waive the reading of its refusal and stipulate to

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its accuracy oh yes i do have you emailed an exhibit packet with the required documents proof

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of 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 also have you met with the rco and have a letter we do thanks please

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proceed all right uh as i was indicating we have a packet of materials which include eight exhibits

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First, you'll see the deed to the property showing that 12E Silver LLC owns the property.

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The second exhibit will be the Certificate of Tax Clearance showing that the property owner is a good standing with the city of Philadelphia.

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Third exhibit you'll see is the Notice of Refusal.

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This is an RSA 5 property.

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We are looking to put a duplex, and you'll see from the pictures of the surrounding neighborhood, it's not uncommon to have multifamily use on this block.

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The fourth exhibit you'll see is the application for appeal, showing that we filed an appeal with the notice of refusal in the project information form for this property.

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The fifth exhibit you'll see is the zoning map of the neighborhood from a zoning perspective, as well as from a Google Maps perspective.

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Item six, you'll see photographs of the property, as well as the surrounding area.

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Seven, you'll see floor plans, and eight, you'll see correspondence from Hase CDC, as well as a petition of the nearby neighbors in support of this project.

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All right, as I indicated, 12E Silver, LLC, is the owner of the property at 12E Silver Street.

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And as you can see, they are in good standing.

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I'll just make this a little larger so you can see.

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They are in good standing in the city.

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Actually, they overpaid for 2021.

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The notice of refusal.

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Again, this is an RSA 5 property.

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we're looking to put a two-family dwelling here our application for appeal to the zoning

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board of adjustment along with the notice of refusal and the project information form

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maps of the area while this is rsa5 you can see that we're surrounded by rm1 cmx1 and icmx

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as well and then photographs of the property this is a pre-existing three-story structure

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uh which you can also see there is a breezeway you know in the in front of it from front to back

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that's how we would you know we would store our garbage for all residents in the back

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and move it through the breezeway in the front uh pictures to the on east silver street to the

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right of the property to the left of the property 16 east silver street is a nearby triplex

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24 East Silver Street is nearby duplex

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30 East Silver Street is nearby triplex

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30 East Silver Street is a nearby triplex, 34 East Silver Street is a nearby triplex, and then here's our backyard, and then just floor plans.

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34 East Silver Street

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As you can see, the first unit is a bi-level. You go through the front door, there's a vestibule,

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you make a right, go into the living room, kitchen, bedroom, then you have a finished

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basement in the basement. Instead of going to the first floor unit, you go up a flight of steps,

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and there's a bi-level for the second and third floors.

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Now, we did meet with Hase, so they have a two-step process.

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Hase CDC, we meet with them.

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There's a screening meeting.

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One of the things that Hase really does ask for is as much community input as possible,

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just because there's not a lot of people that typically show up at their meetings.

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So, you know, in between the screening meeting and the community meeting, we personally met

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with people on the block.

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Like, we didn't go outside of our block.

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As you can see, we have all support on these properties on East Silver Street on our block.

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So when we met with the community during the community meeting and you can see the letter, even though it says it's a letter of opposition, I don't I don't particularly agree with that because the two neighbors who were nearby neighbors, the only ones who actually voted on the community's behalf, voted in favor of it.

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And again, I know that the block captain who was at the meeting who voted in support of it was trying to get on today. She was having difficulty. My client has a really good relationship with all the people on that block in that neighborhood.

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So, Lenny Chernak, who is the corporate representative of the property owner, who's on this Zoom hearing, he actually has the block captain on his phone just because she was having problems getting on to Zoom for whatever reason.

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But she attended and another nearby neighbor attended.

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And as you can see, the affected addresses, I'm trying to highlight it, but like they voted.

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Do you weigh that larger?

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Yeah, yeah.

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can you see it better a little bit more all right sorry i have a big screen so

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so if you look at the vote the people who actually voted the community the

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the affected properties there were two people at the meeting both voted in favor both were on the

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block one was the block captain whom i understand is on the call through my client because she was

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having problems getting Zoom. Another individual on that block was also very supportive of this

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project. The only people that voted against the project are people from the HASE committee,

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who, again, are not within the affected area. During that screening meeting, the pre-community

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meeting, they asked us to reach out to people in the neighborhood on that block and find out

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their position that's why we did this petition and it's a it's a part of town that it's you know

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that's it's bilingual both english and spanish so our firm makes a point especially in this

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community to have our petition both in english and in spanish so there's no um misunderstanding

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but as you can see all these people on this block voted and or signed this petition support so

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So people within the affected area during the community meeting voted unanimously in support.

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And here are the individuals on this block who are able to communicate with all in support of this project.

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So and then here's just our community notice.

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And that's, you know, basically it.

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I do have Lenny Turnack on the phone.

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Lenny, can you virtually raise your hand so the board can, administrator can put you into our hearing?

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you can unmute yourself and speak now please identify yourself spell your first and last name

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uh how's everyone doing my name is leonid chernyak it's l-e-o-n-i-d last name c-h-e-r-n-y-a-k

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

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I do.

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Lenny, you heard everything I stated today.

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Yes.

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And is it true and correct?

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It is true and correct.

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And you adopt it as your own testimony?

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I do.

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And you're the individual that circulated this petition that's in front of us?

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Okay.

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I would even add something when you were done.

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yeah well and then you you met with the block captain as well right yes and she's in support

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Yeah.

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Well, and then you met with the block captain as well, right?

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of this project right she is yes okay do you have her on the was she able to get on on the zoom

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hearing i could call her on the phone and put it on speaker she's having trouble

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uh logging on she was trying to do it off her phone i sent her the link

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yeah it's been not concerned you have knowledge that that lady the lady in question would be

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adopting his testimony yes i i would as an officer of court i would acknowledge that

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thank you yes all right anyone else questions from the board no no no anyone else would like

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to testify in this case please raise your hand i see no additional hands at this time chair

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Thank you. Planning Commission.

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Good afternoon, Board. Nicole Ozdemir for Planning Commission staff.

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N-I-C-O-L-E. Last name is O-Z-D-E-M-I-R.

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Do you swear to firmly tell the truth, the whole truth, not about the truth?

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I do.

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Please proceed.

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the comprehensive plan recommends multi-family use for this parcel and surrounding blocks as

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they have a high vacancy rate the suggested rm1 designation was intended to encourage

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redevelopment accordingly we have no objection to the granting of this variance very much mi 2021

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dash zero zero one four two five one two east silver street my vote is yes my vote is yes my

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vote is yes. My vote is yes. Thank you. MI 2021-001-418-1305 North 25th Street. Mr. O'Brien is the attorney. Brewery Town, Sharswood Community Civic Association submitted a letter of support.

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and uh there are actually three cases that go together the other ones are mi20

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excuse me mi2221-001416 1303 north 25th street and mi2021-001419

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9307 North 25th Street.

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Did I leave any out?

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Hold on one second.

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Chair, Ms. O'Brien is being promoted to panelists now.

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Thank you.

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Are you in the city, Christian?

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Hello.

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Christian?

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good morning or good afternoon mr chairman william o'brien w-i-l-l-i-a-m o'brien

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o-b-r-i-e-n on behalf of harrison incorporated the owner of the three parcels

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thank you swear for him to tell the truth the whole truth nothing but the truth

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yes i do thank you mr plaza mr o'brien you agree to wait the reading of its refusal and stipulate

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to attack mercy? Yes, I do. And 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 photos and plans

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five days prior to this hearing? Yes, I did. Also, have you met with the RCO and have a letter?

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Yes, I do. Please proceed. Thank you. Thank you. By way of introduction, part of attending the

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meeting today attending the hearing is Marvin Harrison, president of Harrison

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Incorporated, owner of the three parcels, and Chris Karakoff, project architect

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with Studio C Architecture. We did meet with the Civic Group on May 20th. They've

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issued a letter of support that's in page. Just for the record, I submitted a

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separate zoning exhibit package for each address and also submitted a

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consolidated exhibit book for the convenience of the board. I'm going to refer to that consolidated

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exhibit package, which has all the refusals and all the tax clearances and all the deeds.

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So the refusals are on page two to four of the booklet of the exhibit book, and the properties

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are fully compliant dimensionally. There's one refusal on each address, and that's for use.

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I'm sorry, Mr. O'Brien, are you going to show exhibits?

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Oh, I can.

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Oh, I can.

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Thank you kindly.

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Thank you kindly.

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So here is a refusal.

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There is one refusal in each, and that is for two-family use.

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The district is now RSA 5.

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When Harrison Incorporated purchased the properties, this block face was RM 1.

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The civics support letter is on page five. And that's their support. Site photographs.

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Let me adjust the, so this is the site. You can see the zoning posters.

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this is here's the site bounded by that fence and the property on the corner

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this is west thompson street and north 25th street

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this is the new building here is 15 or 1315 north 25th this was recently finished

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This block face was zoned RM1 at the time that this was built and finished.

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And this is the block on West Thompson Street, 24th block of West Thompson Street.

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Again, more duplexes going in.

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The next page is a rendering of the proposed three homes, three houses.

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