civus
Hearing video

ZBA Hearing - December 4, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 4, 20246h 44m

I have saved for the tax certification issue that we just discussed.

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We just came in yesterday.

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Understood.

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Thank you, counsel.

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Please proceed.

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is that visible Mr. Chairman it is all right good morning again Mr. Chairman members of the board

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Henry Clinton here on behalf of the owner of this property Jason Locke L-O-C-K-J-A-S-O-N

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Mr. Locke is on the call

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This is my exhibit package containing Exhibits A1 through A10, and I also include some zoning records.

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This is a request for construction of a single-family home on a lot that used to be a foundry, F-O-U-N-D-R-Y, back in the 1940s.

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It's been vacant for at least 25 years.

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My client now owns it.

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He intends to move from Port Richmond to Bridesburg with his wife and three children.

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This is new construction.

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The two issues are parking and a front setback.

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This is the refusal.

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It is an RSA zoning district.

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However, across the street is a commercial use.

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It's Ellis Coffee, which has been at that location for about 170 years.

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And I'll show you aerial photographs.

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They have curb cuts and a parking lot directly across the street from this property.

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So our two refusals have to do with the interior garage that my client would like to have at the front of the property and also a front setback.

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And I'll explain that as I work through the presentation.

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As you said at the outset, Mr. Chairman, there is a unanimous letter of support from the Bridesburg Community Action Alliance.

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And there were several members at the meeting who happened to live on the block.

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Mr. Locke apparently knows the number of people on the block as well as in the neighborhood, so he was well-received, as was the project.

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Mr. Locke apparently knows the number of people on the block as well as in the neighborhood, so he was

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Here's their rationale for supporting the project.

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They understand that two cars will be taken off the street.

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They also understand that there's no issues with the rear yard or open space, nor height.

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And here are the photographs.

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So this is Ellis Coffee across the street.

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This is a vacant lot where my cursor is, not where the red dot is situated, but where my cursor is.

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And to the left or east of where my cursor is, that used to be the foundry.

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And I have zoning records to show you.

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However, my client's lot is right here.

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And even though there's a looks like a cartway in the rear, the foundry property goes down and wraps behind my client.

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So he has really no access to the rear of his property for parking.

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So therefore, he has it in the front of the property.

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Just another view of where the vacant lot is and Ellis Coffey's across the street.

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There's a curb cut right here for parking into their parking lot.

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There's additional curb cuts down here for tractor trail rentrance.

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Just another perspective.

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The lot, again, is the green area.

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And now we're looking eastbound.

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The lot is here to the right.

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that was coffee again to the left posting of the signs uh noticing the community group meeting

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as well as today's meeting and parking on the street is a little bit odd when i was there

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i only saw cars parked on the south side uh and as you get further eastbound the cars pop on the

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curb and then i there are some vans parked in front of the parking lot i don't know if they

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were there temporarily or not but it appeared the parking was just on one side of the street but i

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don't want to say that's a guarantee i only can go by what i viewed when i was there

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additional uh proof that the signs were posted so here's the plans for the for the property it's

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going to be a four-story property under 38 feet where the yellow arrow is that's where the house

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will be located the garage will come all the way out to the front of the adjacent property

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And that's what one refusal resulted in because the house next door is set back, at least the porch is set back six feet with the garage and the parking.

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We had to come out further than that.

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Here's the floor plan.

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There will be a basement.

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There's going to be steel girders across the first floor here and then poured concrete to support the weight of the vehicles.

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rear yard. First floor will have living, dining, and kitchen area. Second floor will have three

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bedrooms. Mr. Locke has three children, two girls, and a boy. And then the top floor will be for him

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and his wife. There is no rooftop deck. However, there is a deck off the last floor, the top floor

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off the master bedroom. I just wanted to go to the tax clearance issue. So my client owed some

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back real estate taxes in the amount of almost $3,000. He entered into an agreement

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with the city of Philadelphia to pay over time. So he has already made one payment of $120.62.

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cents. That's proof of payment. And the second document, excuse me, this is proof of the

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agreement. And then the second document is the payment that he made this past, I guess,

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two weeks ago or so. Here's the zoning map. Again, as I said, the lot is a little bit odd

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shaped. There is a cartway 12 foot wide in the rear, but my client cannot access that because

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Because the foundry property, which is adjacent, comes and wraps around behind the property.

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And across the street is the ICMX Ellis Coffee establishment that I mentioned.

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This is a deed indicating ownership.

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Our notice letter sent to the RCO community, everybody within 250 feet of the property.

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We mailed out 59 pieces of mail.

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These are all the addresses.

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And these are some of the zoning records just to support what I said at the outset, that the property 2812 to 24, again, my client's property is 2814, but it was encapsulated within the foundry and the castings company that was in place since from 1941 up until 1996.

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That's why we think probably in 1996 to 2000 range, the foundry was demolished and it's been vacant ever since.

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These are the records that support that. This is 1942, foundry. Again, 1942, a foundry. And 1948.

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These are the records that support that.

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This is 1942.

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So, in conclusion, we have a situation where it's a long, vacant lot, unused, undeveloped.

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My client intends to build a single-family home for himself and his family.

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We have a commercial property across the street with numerous curb cuts there already.

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The community is supporting the application because they want to see some development,

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And they're hoping the rest of the area that the foundry owns somehow can be developed with single-family homes.

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We're not impacting the development of any adjacent property.

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We're generally in harmony with the code because it is an RSA-5 and we're proposing single-family.

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We are not going to result in additional strain on any of the utilities in the area.

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and we have no impact on light and air

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and we believe we're in harmony

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with what the community wants

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and with the neighbors on the block

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would like to see.

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And with that, I'd ask my client

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to unmute himself if possible.

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Morning, sir.

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Can you unmute yourself?

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What's your class, Dave?

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Jason Locke, L-O-C-K.

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He is on the call.

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Jason Locke, can you please unmute yourself?

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Raise your hand.

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He's been unmuted and allowed to speak.

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Thank you.

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Morning, sir.

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Could you please state your name and spell for the stenographer?

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Good morning.

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Jason Locke, J-A-S-O-N-L-O-C-K.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Please proceed, Mr. Clinton.

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Mr. Locke, you were on the call when I presented your project, correct?

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Yes. And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes. And have you entered into an agreement with the City of Philadelphia to pay the real estate taxes?

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Yes, I have. And have you already made one payment? Yes, I have.

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Right. Thank you, Mr. Locke. Thank you, Mr. Chairman.

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Questions from the board. Questions from the board.

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I have a question. Is that a one-way street or two-way street?

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Bridge Street. I think it's one way, Ms. Graham. When I was there, cars were only going west to east.

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Thank you. Any other questions? What's the purpose of the basement? What's the use of the basement?

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Let me go back. It's just going to be for utilities because he has three children. I guess the extra

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space is going to be helpful, but it's not going to be any living space. There is an egress well

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there um mr johns but there's no intent for living and we can have that as a proviso if

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if you see fit but uh it's really just for more space for the family

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other questions

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it's not question but like more to orientation can we go back to that picture um i think of the

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parking there in the rear that

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doesn't belong to

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this one?

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No, you had one that

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well, yeah, that shows it, but there was another one too.

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Okay, go back to that one that you just showed.

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Where this parking that's behind there

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that's belongs to who that part of the property is not owned by your client or not right i think

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the picture you're probably referring to made me find that i don't want to speak for you but i think

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yeah there was one issue this one maybe no it was the actual picture they were it had this

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split and it showed like parking on one side and then there was a little opening and then there was

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something else on the other side.

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I'll go back and look for that, but this could help

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a little bit. So here's the cartway

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and here's the foundry property.

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You can see it comes and wraps around

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my client's property, so he's

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dead-ended right here.

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Gotcha. Yeah. There was a picture

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that showed that.

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Let me see if I can find that.

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Wasn't this one, maybe? No.

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No.

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I'm sorry, Ms. Jackson.

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i'm sorry miss it's okay i'll find it no i saw it and oh maybe go back go back to the the one you

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It's okay.

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I'll fight it.

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No way.

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just so what i'm looking at there's the coffee shop and then across the street is a lot right

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and there's that parking behind there and what looks like a it's it's not a square-shaped

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property it's the so that's the back where you're talking about that your client can access because

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it's not really part of his property right i guess the way to i should have said this is the green

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area is his lot gotcha and the foundry wraps around behind him and blocks any access

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if it were there it'd be great i mean yeah yeah because you could access it from the rear

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correct okay all right thank you thank you miss grant questions

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questions or comments from our attorney um just briefly um mr clinton i didn't see the updated

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packet come through so if you could resend it um for some reason it didn't come through so we have

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the tax documents but the city system is showing an active payment agreement now so i could confirm

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that thank you miss humerson we will do that again and thank you for the courtesies questions

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or comments from the virtual audience i see the way as chair planning commission

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thank you chair good morning uh i'm meg cavanaugh for planning commission staff

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m-e-g-c-a-v-a-n-a-g-h you swear or affirm to tell the truth told truth and nothing but the truth

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Yes.

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Please proceed.

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The comprehensive plan recommends no change to the existing RSA 5 residential single-family zoning at this location.

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There is no unique physical condition of this property that would prevent it from being used in conformance with the zoning code.

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The City Planning Commission recommends that the Board deny the variances for accessory parking and front setback.

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MI 2024-004-487-2814 Bridge Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanada Graham, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Tywin, my vote is yes.

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Thank you, Mr. Chairman, and thank you, members of the board.

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And again, I appreciate the courtesy you extended.

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Thank you.

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Go to number...

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Sorry, Mr. Chair, we have another change in the schedule,

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But also, we wanted to see if there's a Spanish interpreter in the audience, can you please identify yourself in the Q&A?

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Again, if you are here as our Spanish interpreter, please identify yourself in the Q&A so we know who you are.

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And we will be hearing that case shortly.

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Mr. Chair, if we could actually jump to, pardon me, number 15 on the list to accommodate a scheduling matter,

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that would be great. Thank you. MI 2024-004-704-1741 South 5th Street. Raymond

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DeRizio is the attorney. There is a letter of non-opposition from Council Member Squilla.

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Mr. DeRizio is coming back in as a panelist chair.

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good morning mr derizio good morning could you please state your name and spell for the

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court stenographer yes good morning mr chairman and members of the board raymond derizio r-a-y

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m-o-n-d-d-o-r-i-z-i-o where are firm to tell the truth the whole truth and nothing but the truth

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yes do you have an rco letter sir i don't personally have the letter but i believe it

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was sent in independent um independent of me i didn't actually receive it but we did

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meet with the rco our vice chair has a few questions sure good morning counselor do you

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agree to wave the reason of the refusal or stipulate towards x good morning yes i do

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have you emailed them all the required documents and exhibits that's needed to proceed with this

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