civus
Hearing video

ZBA Hearing - February 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 2, 20225h 49m

um next that's 50 50 large wood that's a close-up of it as a multi-unit that's its side

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and then this is 451 south 51st which is caddy corner and that's also got um at least two units

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in it uh this is 5102 large wood which um was also recently granted

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This is 5102 Larchwood, which was also recently granted a variance for three units.

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So these are photos of our orange posters, which were posted no sooner than 21 days ago.

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This is one at the front. That's a second at the front, which is a close-up.

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This is one at the side, and the second of one at the side with a person reading it.

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Exhibit 14 are, so now we'll get into why we're seeking relief from the board.

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This house, when my client purchased it, she purchased it in 2018, and it had been zoned RM1 at the time, as had a number of its neighboring properties.

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she actually had gotten a use permit for three three family and had had plans drawn up and

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a contractor went and without pulling permits started building um you can see this is uh the

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the permit from 2019 uh which at the time it was rm1 and the owner shilla woodhouse

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for use is multi-family prior to this permit the youth it's my client's understanding and

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she can explain this further, that it had been a multifamily or a boarding house. And my client

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had no interest in having it be a boarding house. She wanted to convert it to a three-unit apartment

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in order for her to have a temporary or occasional second apartment in Philadelphia

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for her kids and also for tenants. So this was the application that had been filled out

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at the time for the three unit. Then in 2020, so my client hired contractors. The contractors

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were crooked. The contractors basically took her money and ran. And my client had to then hire

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additional contractors. And at that point, at that point, the contractors had built it out to

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the uh roughly the configuration that you just saw in the plans um so my client had to hire

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additional contractors uh and went and rather than convert to a three unit realized that that was

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not going to be feasible for her she went it was still classified rm1 in december uh in november

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of 19 went and had it classified uh for a two family but then at that point at that point um

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is where the rezoning occurred on her way out of office in late 2019 councilwoman blackwell

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went and rezoned a number of portions of the neighborhoods of west philly into uh rsa5 from

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previously having been a single family this is a copy of my client's deed which you can see she

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purchased the house in uh 12 11 of 2018 and recorded the deed in her favor um exhibit 15

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is a copy of the ordinance that remapped this particular property and several others at right

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around the corner of 51st and largewood and i'm going to scroll down and show you uh exactly where

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we are so if you can see um right here with the yellow circle rm1 that's the corner of 51st and

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Larchwood. Our property is the corner of 51st and Larchwood, 5100. Up until November of 2019,

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this was zoned RM1. Map B1 was the zoning that eventually passed council and was signed into

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law by the mayor, which converted it to RSA 5. So my client wanted to get this built out

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into responsibly um and had it she sought a permit for two two units um until she could

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recoup some of her costs um pursue these contractors and uh and then intended to go

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back have it rezoned to a three unit unfortunately that was the point at which through no fault of

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her own, this hardship was created because of the rezoning. Exhibit 16 is a copy of the deed to my

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client in her favor. Exhibit 17 is her tax clearance. She was clear on taxes. And I'd like

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to call my client, Dr. Sheila Woodhouse, and have her give a bit more testimony as to this and have

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or adopt my testimony.

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Dr. Woodhouse, are you out there?

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Your client's last name is Woodhouse?

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Correct.

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any hands yet

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any hands up

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there she is

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it was up and she put it down

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just one house

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can you please unmute yourself

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and wait for the chair

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could you state your name and spelled for the court reporter please hi yes good afternoon it's

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sheila woodhouse s-h-e-i-l-a last name is w-o-o-d-h-o-u-s-e do you swear or affirm to tell

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the truth the whole truth and nothing but the truth yes i do dr wood dr woodhouse did you hear

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the testimony that Ken Johnson gave today? Yes, I did. And would you adopt that as your own?

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Yes, I would. Was that true and correct testimony? Yes, it was. And did you hear the testimony that

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I offered? Yes, I did. And was that true and correct testimony? Yes, it was. And do you have,

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would you adopt that as your own? Yes, that's correct. I would. Is there anything that you

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wanted to add with regard to, well, let me take you through this. So as I testified, you purchased

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the house in late 2018 um correct you purchased it in 2018 it was zoned rm1 at the time correct

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that is correct and you hired um your architect he drew up plans and you uh were you familiar

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with the use of it prior to your purchase of it yes i was and what was that use it was multi-family

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at some point, and then a boarding house, I guess, during the history of the property at another

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point. All right. And what was your intention to use the property? To make it as an owner-occupied

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rental property with three units. Okay. And so you hired a contractor after you

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had these plans drawn up, is that correct? Correct. And what happened with this contractor?

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well mr schlepner i think you went through this already i think we understand it okay um

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all right and um dr woodhouse i guess i just asked you are you uh ready willing and able to um

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do all the things necessary to convert it to a three family at this point yes i am okay i have

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nothing further for my client questions from the board no mr chairman mr chairman no mr chairman

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no mr chairman question questions from the virtual audience

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i see the hands at this time chair planning commission good afternoon chair bergman members

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of the board david vecto city planning commission the comprehensive plan recommends no change to

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the residential single-family zoning at this location in 2020 the applicant received a zoning

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permit for for two dwelling units in the existing structure nothing about the lot or building has

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changed since 2020 three units is more than the minimum variance needed and so the city planning

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commission is going to record going to recommend that the board deny the requested variants for three

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units and by 2021 004370 5100 archwood avenue i vote yes harold tennery my vote is yes thomas

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Holloman, my vote is yes. James Snell, my vote is yes. Ishmael Shaheed, my vote is yes. Thank you.

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I have nothing further. Thank you. Have a good day. All right. MI 2021 004521 8430 Ardley.

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Ardley LLC, at this point we have no exhibits first listing. Is anyone in the virtual audience for

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this case. Chair, we have someone with their hand up by the name Matt Millan. Mr. Millan,

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you can unmute yourself and speak now. Hello, Chair. Hello, Board. Mr. Millan, could you state

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your name and spell for the court reporter? Yes, Matthew Millan, M-A-T-T-H-E-W, Millan,

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M-I-L-L-A-N. I'm the architect, design professional, and here on behalf of the owners.

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes i do are you ready to go on today yes i am all right our vice chair has a couple questions

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about i'm sorry i think we i think it's an llc and they need an attorney mr chairman okay

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uh the the property is owned by bob and elizabeth brennan

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It says Ardley Property, LLC.

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it says ardly property llc

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Is that correct, Tanya?

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You cannot present as an architect.

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You would have to have the owners, if not an LLC, present and you offer testimony regarding the plans.

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And if they are Ardley, LLC, they would need an attorney to represent them.

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Who owns it?

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Bob and Elizabeth Brennan.

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I'm just checking to see if I have their ownership in my information.

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Well, the issue would be is they would still, if it's them, they have to present it and you could advise them.

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But they're the presenters if there's not an LLC.

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Chair, I'm sorry.

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This is Tanya.

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We do have them with their hand up.

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We can allow them to speak to this case.

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Sure, sure.

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Staff, can you unmute them for this case, please?

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Mr. Brennan, you can unmute yourself and wait for the chair.

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Mr. Brennan, state your name.

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It's spelled for the court reporter.

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Robert Brennan, R-O-B-E-R-T-B-R-E-N-N-A-N.

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All right.

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

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Yes.

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Are you the owner or is it an LLC?

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We're the owner.

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the prior owner was an llc we purchased it from them and we purchased that back in june

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right mr brennan let me ask you this are you ready to go on with the case that i make the

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presentation um if i need to i could probably walk you all through it i've seen matt do it

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several times previously but you'd have to have the materials if he can present if he can share

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his screen then i can i can walk you through it tanya do we have anything on this at all

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um we did not receive exhibits either were the exhibits submitted and if so by whom and on what

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date i believe that i had submitted them i would have to check and see on the date uh and i do

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have copies of both the settlement deed as well as the alta agreement that shows that the brennans

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are owners of this property and i do have a presentation that i can share today we need a

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tax compliance refusal or referral photos plans of the property and we need to have received them

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five days in advance of this hearing and you also must have met with the rco and do you have a

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letter yes we did complete uh all the presentations to the rcos there's actually four committees and

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And we did get the full support of the board that was submitted to you yesterday.

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Okay, so who's talking?

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Is this the architect?

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Yes, it is.

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So here's the thing.

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You cannot, it's up to the owner to submit the testimony regarding what was done.

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Were you the one that sent the documents that were necessary?

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Yes, I believe that those were all uploaded.

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i will have to see i will have to find an email for the confirmation

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okay why don't we do this i i think we're gonna have to continue this i i mean i i think we'll

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continue it we'll look for a date for them tanya mr brendan will be prepared to make a presentation

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mr millen can advise him but it'll all come from mr brennan and i and i think we're going to

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CONTINUOUS. WE CAN'T DO THAT CURRENTLY OR BECAUSE WHEN WILL THE NEXT OPPORTUNITY BE TO DO THAT?

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I THINK THE OPPORTUNITY WILL BE YOU WOULD CHECK WITH MS. SUNGKET AND SHE WOULD PROVIDE YOU WITH A DATE.

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OKAY. YES. REACH OUT TO ME OFFLINE.

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THANK YOU.

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AND THAT WOULD BE CORRECT PATH, MR. CHAIR.

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Thank you. MI 2021-004455-9800-Frankford Avenue. Councilman O'Neill, letter of support, West

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Tarsdale-Morrell Civic Park, letter of support, Jared Klein.

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Chair, Mr. Klein is coming back in as a panelist now.

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Thank you.

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Mr. Klein, state your name. Did I swear you already today?

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No, no, Mr. Chair.

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It's been a long day here.

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No problem.

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His name is Jared, J-A-R-E-D, last name Klein, K-L-E-I-N, from Blind Rome, 130 North 18th Street in Philadelphia.

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

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

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Yes, I do.

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Yes, I do.

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Vice Chair.

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Vice Chair, I'll have a few questions for you.

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Hi, Mr. Klein. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Based on our notes, it appears that you have submitted all the required documents timely. Is that correct?

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That is correct.

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Okay, you may proceed.

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Thank you. I'll share my screen. Can everybody see that? I hope.

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Yes.

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fantastic uh so i'm here for 9800 frankfurt avenue um which is the location of the union

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leagues toursdale frankfurt uh golf course and we're here with what is a an uncontroversial

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application to slightly expand the uh clubhouse area and i will endeavor to be brief as i know

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the board's had a long afternoon and still has a 3 30 list so i will i will move expeditiously

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The refusal that we have relates to the fact that it's a pre-existing use of the property for a non-conformant purpose.

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So it's an expansion of a current non-conforming use, that use being the active recreation use.

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So the application is actually just to extend the usable square footage of the clubhouse area to create some terrace seating at a second level.

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The way that the clubhouse is currently configured, guests can dine on the patio level at the rear of the of the building.

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This that patio area is covered with sort of a portico. This would allow seating on on top of that.

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And so it is that sort of minimal expansion of the square footage of the clubhouse that is driving the refusal because we're a 13 percent expansion of the nonconformity and only 10 percent is allowed.

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So it's a fairly small ask. This is the location of the golf course.

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Generally, as you can see on the screen, give the board some context.

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Next, this is the site here.

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The actual clubhouse is located here where I'm circling with my cursor.

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And so the seating area would be below this back half of the club looking out over the golf course.

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Photos, this is the gatehouse that actually fronts on the street.

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This is where the notice posters were placed.

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This is the front half of the clubhouse.

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And some street views to show the board the seating area again would be back here.

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you can't see it from this particular elevation but this is the clubhouse that we're speaking about

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just to orient the board again this is the clubhouse here this is their existing parking

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area this again this expanded terrace seating would be in this area back here as it looks out

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over the golf course uh and this is uh just some main level floor plans to show you the area that

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we're speaking about. We met with the West Toursdale Civic Association and they gave us a

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letter of support which is up on the screen here and Councilman O'Neill also provided a letter of

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non-opposition based on the Civic Association's position. If you have any detailed questions I do

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have a representative of the league on here to answer them. At this point I'll just ask him to

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adopt my testimony. If Scott Luddy could raise his virtual hand and briefly come online, that would

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be great. Mr. Luddy, you can unmute yourself and wait for the chair.

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Could you state your name as spelled for the court reporter, please?

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Sure. Scott Luddy. That's S-C-O-T-L-U-T-T-E. Right. Do you swear for him to tell the truth,

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the whole truth and nothing but the truth yes i do proceed thank you uh scott did you have a chance

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to hear my uh brief presentation this afternoon yes i did do you adopt my statements as true

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correct in your own if you'd be able to testify yes i would thank you uh mr chair scott is here

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