civus
Hearing video

ZBA Hearing - July 28, 2021

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

as you can see on the side there are already two electric meters

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there

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my client recently purchased this property already two separate mailboxes and in fact

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it's two separate units

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already

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historically is this a legalization

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or that's correct

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well it was legal at some point

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here's the history

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we have a legal

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two family dwelling

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and we have

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proof of city certification

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two family dwelling

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and that's

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1953, another two-family dwelling

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certification. But yes, this is

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has been since 1953, a two-family

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dwelling, and it is currently a two-family dwelling with two

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separate electric meters. It's treated

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for rubbish disposal as a two-family dwelling, and my client

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purchased it thinking it was, in fact, a two-family dwelling.

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When did he purchase it?

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Or she?

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He purchased it about a year or so ago.

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There it is right there.

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So it's fairly straightforward.

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It's been a two-family dwelling for 65, 70 years.

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And we would just like to continue to use it as a two-family dwelling.

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And you've met with the RCO?

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We did.

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I did not receive a letter from them.

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I'm not quite sure.

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We have a letter of opposition from Faith Community Development Corporation.

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Okay, there you go.

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Yeah, I mean, again, this has historically been a two-family dwelling.

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There's other two-family dwellings on the block.

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We have already two separate electric meters.

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As you saw physically, the interior is divided up as a two-family dwelling.

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to have to return this to single-family use

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would be quite an impracticable feat.

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Do you have a picture of the rest of the block?

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Like the house next door, a few horses,

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if the house is down?

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Let me see.

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Yeah.

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these are semi-detached say it again next door 153 is a single family that's correct

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does the board have any questions no no no

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If there's no questions, I would like my client, Leron, to raise his hand to be recognized.

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I'm about to speak.

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Sir, can you hear us?

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Yes.

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Can you put your name and address on the record and spell your last name?

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Leran Shoshan, S-H-O-S-H-A-N.

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The address is 151 East Malin Street, Philadelphia PA, 19144.

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

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Yes.

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Okay, you may proceed.

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Thank you.

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Leran, did you hear my presentation to the board this morning?

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Yes.

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And was it true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you, Laura.

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Madam Chair, we have nothing else.

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Thank you.

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Is there someone here from Faith Community Development Corporation?

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If you're here, please raise your hand.

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Madam Chair, I don't know if anyone in the audience is from this organization, but Mr.

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Madam Chair, I don't know if anyone in the audience is from this organization.

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Charles Richardson has his hand raised.

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Okay, great.

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Mr. Richardson.

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Good morning, Madam Chair.

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Hi, can you put your name and address on the record and I'll swear you in?

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Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

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

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i do thank you you may proceed okay uh the councilwoman is going to oppose the granting

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of the variance because she just does not uh like to do legalizations on properties that do not have

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uh any any uh certification from lni or something along those lines she's a kind of concerned with

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regard to the safety. I do know that they have had a couple of attempts at RCO meetings for that

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location. And from my understanding, and Mr. Anastasio can probably confirm that no one

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showed up for those meetings from the near neighbors. So I'm taking it that they're going

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on on on their own uh ideals based on what they would like to see um or what they're they would

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like to see regarding this uh property so um but again the councilwoman will will be opposing

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thank you we did we did in fact meet with the rco uh there were very few people in attendance

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uh page 59 and 60 of my exhibit packet uh show uh city certification of a two-family dwelling

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this was previously legalized because of an elapsed rental license that's the only reason

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why we're here today physically go ahead i'm sorry utility wise physically and in all other

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ways for the past 65 years it's been a two-family dwelling and we just like to bring it back into

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compliance. My concern is the home next door is single family and we can't see any further down

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the street to see what those homes are. There's again mostly single family but there are other

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two family dwellings on the block. The board has no questions? No. No. No.

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planning commission um excuse me this is sharon madame chair if we could confirm that no other

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members of the public are in attendance who wish to testify is there anyone else who would like to

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testify in the virtual audience if so please raise your hand no further hands at this time madam chair

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Thank you, Mr. Hand. Planning Commission.

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Good morning, Madam Chair. Ian Hegarty for the Philadelphia City Planning Commission. That's H-E-G-A-R-T-Y.

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Good morning. Do you swear or affirm to tell the whole truth and nothing about the truth?

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Yes, I do.

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Okay. Your recommendation.

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Thank you. Members of the Board, the comprehensive plan recommends no change to the existing single-family zoning at this location.

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however the proposed use is consistent with documented previous uses on this property

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included including legal documented uses and so the city planning commission recommends that the

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board grant the variance. Thank you. Calendar number 1477 151 Mayland Street my vote is yes

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and my name is Carol Tenere. Confessor Plaza my vote is yes. James Snell my vote is yes.

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Thomas Holloman, yes.

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Thank you all.

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Have a good day.

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Thank you.

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You as well.

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Calendar number 1432-2000-32 East Shellmire Avenue.

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And the attorney is John Sabatina.

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I don't seem to see Mr. Sabatina.

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Mr. Peter McDermott has his hand raised.

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I will allow him to speak at this time, Madam Chair.

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Thank you.

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Mr. McDermott?

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Yes, I'm here with Mr. Sabatina.

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We're on my account.

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Okay, great.

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You're an attorney as well, right?

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No, I'm an associate with Mr. Sabatina.

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Mr. Sabatina is the attorney.

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Mr. Sabatina is present.

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Okay, great. Mr. Sabatina, put your name and address on the record. Please spell your last name.

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Okay, great.

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Mr. Sabatina, put your name and address on the record.

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Please spell your letter.

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John Sabatina, S-A-B-A-T-I-N-A, 1742 Emerson Street, Philadelphia, 19152.

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

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I do.

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

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Yes, I do.

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and have you emailed the exhibit packet with proof of ownership tax compliance

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the refusal referral photos under plans of the property five days in advance of this hearing

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and have you met with the rco and do you have a letter we have complied with all the requirements

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yes thank you and i would like to state that the roanhurst civic association

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has sent a letter of support uh confessor okay i just heard all this noise

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you may proceed i'm sorry can we pause for one moment this is tanya

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mr hand can you please promote mr sabatina to a panelist so he can present

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right away ma'am thank you thank you

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Okay, Mr. Sabatini, you may move forward.

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Okay, as you can see, the very first page is a list of our exhibits.

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First exhibit is a notice of refusal, then the application for the appeal, project information

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Form completed, payment verification for the application for the appeal, and a deed.

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Existing exterior photographs and signposting, this signposting is coming up.

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Hang on for a second.

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there you can see yeah there's a science posted

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is that church closing no no it is not okay okay

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uh the uh sign sign plan the site plan rather i'm sorry

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showing the signs

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as well.

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Zoning map.

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Obviously, this church has been there for quite a number of years.

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There's the aerial views.

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Community meeting letter,

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which we sent out.

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The mailings to the adjacent neighbors, 149 letters, tax compliance, RCO letter of support.

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Thank you. Does the board have any questions?

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No.

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is there anyone in the virtual audience who would like to testify i apologize for this noise there's

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a construction crew making that noise mr hand no one's in the audience

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Madam Chair, Ms. Alice Udovich has her hand raised.

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Good morning, Madam Chair, members of the board, Alice Udovich from Councilman Brian

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O'Neill's office, City Hall, room 562.

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

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I do.

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Okay.

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Madam Chair, the Councilman has no objection to the granting of the variance at this lovely

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church okay it is lovely that's for sure planning commission

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thank you madam chair ian hegarty for the philadelphia city planning commission

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um comprehensive plan recommends no change to the existing single family zoning at this location

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we recognize this as a house of worship and uh typically we give some deference

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here um however we don't believe that the applicant has demonstrated that there's any

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hardship that compels them to have this type of sign, which is expressly prohibited by the zoning

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code. We haven't seen any evidence that the variance is necessary to enable continued use

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of the property. And so the city planning commission will have to recommend that the

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board deny the variance. Is there anyone in the virtual audience?

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what I had this sign is simply modernizing the existing sign it's been there for maybe 30 or 40

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years or longer yeah I longer yeah one of the things I wanted to add was too as we know some

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of the hardships that the Catholic Church has faced with ordained personnel, this would allow

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them to easily update that signage digitally rather than have staff go out there manually

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and consistently update this and send the message out to the community to support their parishioners.

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Excuse me, this is the court reporter. Was that Mr. Sabatina who just spoke?

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No, that was Mr. McDermott.

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Thank you.

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okay does the board have any questions no no no

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calendar number 1432 2000-32 east shellmeyer avenue my vote is yes

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and i am carol tenere

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confessor

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confessor plasma voters yes

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James Snell, my vote is yes

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Thomas Holloman, yes

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Thank you

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Calendar number 1410

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2143 East Arizona Street

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Matt Monroe is the attorney

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