civus
Hearing video

ZBA Hearing - July 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20213h 38m

This is Carol Tenere.

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My vote is yes, with the proviso of no bedrooms in the basement.

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Confessor Plaza, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Thomas Holloman.

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my vote is yes with proviso thank you calendar number 3084 2036 germantown avenue

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Calendar number 3084-2036, Germantown Avenue.

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The attorney is Vince DeFino.

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Mr. DeFino has been promoted to panelists, Madam Chair.

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Thank you.

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Mr. DeFino, can you put your name and address

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on the record and spell your last name?

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Yes, Madam Chair. Vincent Anthony DeFino, and it's D-E-F as in Frank, I-N-O, 2541 South Broad Street.

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And I'm here on behalf of 2036 Germantown LLC and its principal, Collage Rosito.

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Okay. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes.

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Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal and referral, photos and plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes to all that, and we have a letter of support.

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From the Norris Square Community Alliance.

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Correct. Did that make the file, Madam Chair?

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uh it made my paper and it says with conditions to hire a local minority women-owned businesses

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and rent one unit for no more than 800 per month for a period of no less than three years

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but both are unenforceable so you may proceed okay um i'd like to uh

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I'm sharing the screen. Do you see the pictures? Yes, we do. Okay. This is the lot here in

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question. It's a CMX2 lot, but it's only 667 square feet. So it's roughly a 15 by 44 lot,

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very small lot. It abuts both Germantown Avenue and 6th Street to the rear. So basically,

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it goes street to street and i want to kind of give you an idea of how small it is you can say

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that that's back when it snowed when we were supposed to have the first original hearing

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and we we're we're hearing that basically in july because uh we met with the neighborhood group

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about three or four times in between just to make sure they were happy with everything

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uh basically cmx2 provides that we could have a store on the bottom and two apartments on top

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the issue here was the store on the bottom my client took it to a real estate agent and it's

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not marketable because it's only roughly 500 and something square foot and a business would need a

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lot more without takeout or without you know uh some other provisions so basically uh the the

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neighborhood was agreeable that a business probably won't work there and it would be better

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for residential use and as you can see the character of the neighborhood this is within a

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half a block the other way is basically residential and there are a lot of uh three unit properties

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in in the vicinity and in in the neighborhood there um how many units for your property

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it's single family it would be three it would be three single family it's allowed one commercial

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and two single families but and it's in the middle of the block and it doesn't even make

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sense because it's mostly residential there to have a business in the middle of the block

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the neighbors agree would would not be the smartest thing in the world i have anthony

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here here as an architect he could give you the layout but basically is that okay that's

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absolutely fine okay so i'm gonna um stop sharing i guess and mr brutiniti can you is he um

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available yet

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he should be here

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hello

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hi mr brutiniti can you put your name and address on the record and spell your last name

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Yes, Anthony Brutiniti, B-R-U-T-T-A-N-I-T-I, 1432 South Broad Street, Philadelphia, Pennsylvania.

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I'm the architect for the project.

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Yes, we're affirmed to tell the whole truth and nothing but the truth.

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Yes, I do.

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Okay, can you, I guess, make a statement about this?

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I guess, make a statement about this?

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Yes, we designed the building.

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Yes, we designed...

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Vince Stefano was correct that the lot is a very odd-shaped lot.

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It's a little bit of a trapezoid.

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It's only 14 feet wide by about 43 feet deep.

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Being a CMX2, it's very difficult to get the normal staircases and things in there

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and also have a viable store that can actually make a business out of it.

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The square footage per floor is only about 500 square feet.

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So in talking with the neighborhood and the RCO,

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we felt as though that the right application was to just do one dwelling unit on each floor.

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We're swapping out the commercial space for a dwelling unit.

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What is the square footage of each unit?

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About 500 square feet.

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And they would be one-bedroom units?

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Correct.

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Okay, does the board have any questions?

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No.

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No.

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No.

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Is there any way you would consider two units?

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We spoke with the community about that and the owner and the two is actually still difficult.

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I can show you the plans if you wanted to see them.

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I guess it would have to be a bi-level.

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exactly and the staircases to work it's really difficult okay so the board has no questions

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no is there anyone in the virtual audience that has questions

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madam chair someone folks has his hand raised i won't let him speak at this time

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okay great hi mr folks can you put your name and address on the record spell your last name

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and i'll swear you in uh good afternoon chairman chairwoman tenary sloan folks sloan e f as in

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fire oil ks representing the office of council in maria quinones sanchez room 508 city hall

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thank you do you swear for him to tell the whole truth and nothing about the truth

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uh yes i do okay you may proceed yes in as much as um the the applicant has met with the residents

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The applicant, the residents attempted to enter into an agreement, but the agreement is

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unenforceable by the ZBA. Our office does not have any opposition to this various requests.

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Okay, great. Planning Commission. Thank you.

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This is Ron Bednar, City Planning.

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while this property is currently indicated for commercial mixed juice on the city plan

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given the documented site constraints we recommended the request of variance be permitted

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calendar number 3084 2036 germantown avenue my vote is yes

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

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next case sure calendar number 1724 2740 c street dorothy hamill is the attorney

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and with this case we have a letter in non-opposition

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from councilwoman sanchez and there is a letter from the rco in support

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Dorothy are you able to hear me

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Councillor Hamill please raise your hand

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She's already done so

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She's been made to a panelist now

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Ms. Hamill can you put your name and address

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on the record spell your last name

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and I'll swear you in

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after you unmute yourself. I'll have to repeat that. Hi, Dorothy, can you put your name and

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address on the record, spell your last name, and I'll swear you in? Sure, Dorothy Ann Hamill,

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H-A-M-I-L-L, 123 South Broad Street, Suite 2100, Philadelphia, 19109. Do you swear if I'm to tell

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the whole truth and nothing but the truth? I do. Do you agree to waive the reading of the refusal

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and stipulate to its accuracy i do and finally have you emailed the exhibit packet with proof

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of ownership tax compliance refusal referral photos and or plans of the property five days

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in advance of this hearing and have you met with the rco and do you have a letter yes to all okay

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i mentioned earlier the councilwoman sanchez's letter is in non-opposition and the rco's letter

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uh letter is in non-opposition and the rco's letter is in support so you may present your case

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is in support.

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briefly thank you madam chairwoman members of the board i am here for 2740 c street to

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um legalize a third bedroom in an existing building um our client had no to

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can you see my screen? No we cannot. Let me share my screen. Okay so attached is

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first is the refusal. This is an RSA 5 district which does not permit

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multi-family. There is an existing two-family which was commercial

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theoretically on the first floor. When our client purchased this property,

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multi-family was permitted and it was their intention at that time to turn the

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first floor into an additional residential unit. However, the prior

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owner of the property had kept the property in pretty sad condition so there was a good bit of

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work to do. They were apparently the building was stealing electric for quite some time. So

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after they had completed the work to the property in the interim period the zoning code was changed

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for this area, and as a result, the proposed three units was no longer permitted.

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The first floor had been previously a church, but the church subsequently left, and it became

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a vacant space. There was a use permit had been previously issued for the first floor

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is vacant, rear apartment, and second floor, two-bedroom apartment. This is the proof of

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mailing of all the addresses. This is proof of ownership, the deed from when our clients

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purchased it. So we purchased it in 2017 and subsequently the zoning changed, updated tax

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clearance. This was a continuance so I updated the tax clearance. This is a

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letter, the letter of support from Impact. We met with them and then this is

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pictures of the zoning hearing and I'm coming up on pictures of the building. So

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So this is the front of the building as it currently exists, as you can see, not particularly

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appealing having the rolling gates, but the area has some crime issues, so in order to

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protect the residents of the building. The rolling gates were installed.

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This is pictures of the surrounding area. As I mentioned you can see a little bit

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on the side and completely new electrical panels installed because they

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We were apparently stealing from the Neven property, I believe.

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Do you have any witnesses in this case?

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No.

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The only person who's here is a principal of my client,

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Fabi Aslik.

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So this is the inside of what was the church.

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This is what would be the apartment.

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When we talked to the neighborhood association about this, they liked the idea of this being turned into a residential.

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We actually talked to a broker about potentially being able to have some sort of commercial on the first floor.

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had some sort of commercial on the first floor, but given the size and location, the possibility of a commercial venture on the first floor has been, you know, is really not feasible at all.

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And they also mentioned there is, you know, a bit of an elderly population, so having a first floor unit that would either be accessible for elderly or for handicapped would be, you know, would be welcome in the neighborhood.

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these are pictures of the existing units within the building

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i should mention you know two my client has invested interest in this area he actually

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lives in the neighborhood um and has for uh for quite some time we've already seen these

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so far does the board have any questions no no no

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yeah i think that's it is your client here to adopt your testimony

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he is uh avi oslik

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he's been allowed to speak now hello can you put your name and address on the record and i'll

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swear you in. Avram Oslick, A-V-R-A-M, last name O-S-L-I-C-K, 541 East Cambria Street, Philadelphia,

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Pennsylvania, 19134. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do. Okay, Ms. Memel. Avi, do you adopt the testimony that I have given in this matter

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as true and correct? Yes, I do. Is there anyone else in the virtual audience?

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with reference to this property?

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No one else, Madam Chair.

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Thank you.

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And the board has no questions?

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No questions.

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No.

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Thank you.

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Mr. Bednar, Planning Commission.

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We're on Bednar, City Planning.

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Property is indicated for residential

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on the city plan, given its documented use history, we recommend that the request of variance be

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written. Calendar number 1724, 2740 C Street, my vote is yes, and my name is Carol Tenere.

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Professor Plaza, my vote is yes. James Snell, my vote is yes. Thomas Holloman, my vote is yes.

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Is there anyone in the audience who feels that they have not been called

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on any of these cases

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and would like to speak.

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I see no further hands, ma'am.

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Thank you.

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So this is a wrap.

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It concludes the 3.30 session.

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Thank you very kindly.

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All you guys did a wonderful job.

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I appreciate it.

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Thank you, Tanya.

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