civus
Hearing video

ZBA Hearing - June 30, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 30, 20217h 12m

because there's one the way that comes to the front.

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So you have three floors and a mezzanine

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or two floors and a mezzanine?

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Mr. Holtz,

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will you please clarify for Mr. Holloman

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at this point?

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If you need me to go to a different page,

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let me know.

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No, that's fine.

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It is three floors and a mezzanine.

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And Leo, if you can just draw your cursor

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across the sliding door

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with the French balcony above that.

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That is the line of the mezzanine

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above that.

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And the window above the French balcony is on the high wall in a high ceiling on the third floor.

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The mezzoline doesn't come to the front of the building.

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Would you agree with me that a mezzoline is between two floors?

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Would you agree to that?

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Yes, it is.

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Okay.

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So you have a first floor?

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Yes.

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Second floor?

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Right.

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and a mezzanine yes a mezzanine technically by the code if it is uh 50 percent of the room

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open to below is not to be counted as space but you're allowed to have it so it cannot be enclosed

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and it is not. It is basically a one less than one-half of the room below and it's

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a stopping-off spot to continue on the spiral stair up to the pilot house. So

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if you have that open space you really could redesign it to give you yard space

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if you have that additional space in the building.

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The yard space,

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I don't understand how I would get more yard space

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from reducing a third floor.

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No, eliminate the mezzanine.

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But the mezzanine isn't part of the footprint.

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So just for purpose of the record,

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Jack and Mr. Holloman,

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I've gone to page 63,

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which shows the mezzanine plan. So, Jack, just taking a look at this, for purposes of the

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questioning that I believe Mr. Holliman is asking you, so this mezzanine area is actually over

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what is essentially here, this bathroom, washer, dryer, utilities, closet, etc., correct?

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That's correct.

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So, and please correct me if I'm wrong, Mr. Holliman, you're suggesting that by eliminating

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this, we could allow for greater outdoor access? Is that what you're suggesting?

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By eliminating that, I'm suggesting the building can be smaller,

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and then you can have real yard space.

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Okay, so Jack, let's discuss that for a moment. Do we gain anything from eliminating this

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mezzanine area, which is just essentially over top of our bath and stairs?

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Leo, I think the correct question, follow-up, would be, would he be amenable to three families if we reduce the length of the building by five feet?

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That's what we would have to do.

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Right now, the length of this building is 49 feet.

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If we reduce it to 44 feet, it would be five feet shorter than the permitted building next to it, but we would have the required rear yard open area.

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And the plan itself would remain the same.

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Some of the spaces would be reduced to accommodate the smaller footprint.

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thank you

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all right jack you have anything else you'd like to add at this point

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no

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thank you anyone else that would like to speak

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i see no further answer this time sir thank you planning commission

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good afternoon chair peter bernard for the planning commission

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the property is indicated for single-family residential and the comprehensive plan the

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the applicant has not demonstrated a hardship regarding the requirements of the code

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applicant has not demonstrated a hardship regarding the requirements of the code the application

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the application represents an inappropriate overuse and is not consistent with our adopted

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district plan accordingly we oppose the granting of the variance thank you all right MI 2020-002605

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2721 West Cabot Street. My vote is no. My vote is no. My vote is no.

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Thank you members of the board. You have a good evening. Likewise. Calendar number MI 2020-002583-3959

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Lancaster Avenue.

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Mr. Plaza, the

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attorney for the applicant in this case

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is Richard Pressman.

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Richard DeMarco is representing

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Sam Development LLC and a

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budding neighbour.

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Okay. Thank you.

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Both gentlemen have been promoted to panellists, sir.

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Thank you.

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Mr. Pressman, please identify yourself for the record.

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Richard Pressman, I'm the attorney for the applicant, Chosen 300 Ministries, Inc., located at 3959 Lancaster Avenue.

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Thank you. Can you please spell your last name?

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Pressman, P-R-E-S-S-M-A-N.

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Do you still affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Do you agree to wait to read in of its refusal and stipulate to its accuracy?

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I do.

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tact compliance, copy of the refusal, or referral, photos and plans five days prior to this hearing?

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I have, Your Honor.

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Thank you. Also, have you met with the RCO and have a letter?

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The applicant met with the RCO, and I believe they have submitted a letter.

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I did not get a copy of it until yesterday, so it is not in my package, but it was sent to Chairman Tachika.

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Thank you. Please proceed.

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If it pleases members of the board, we have a proposal for variants to permit group living under CMX2 to permit overnight housing for homeless guests at the existing Mission Church, Chosen 300 Ministries, Inc., located at 3959 Lancaster Avenue.

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If I may share my screen, I can bring up my package to go through the materials.

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I mean, I see the letter from the RCO.

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I've been asking for that, Mr. Chairman.

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Never received a copy.

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Sharon, do we have that letter?

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We can forward Mr. DeMarco.

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Mr. DeMarco, can you please identify yourself for the record?

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Sorry, yes.

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Richard DeMarco, 2005 Market Street, 16th floor, Philadelphia PA 19103.

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I'm here on behalf of a protestant and budding neighbor, Sam DeBelder.

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Thank you.

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Sir, do you want to tell the truth, the whole truth from nothing but the truth?

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I do.

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I did receive the applicants' exhibits, but I've been asking for the coordinating RCO's

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letter from the meeting, and I have not received it.

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Thank you.

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I am going to look for that right now and try to forward it to you, Mr. DeMarco.

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Thank you so much.

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Thank you.

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Mr. President, please proceed.

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Are you able to see the exhibit?

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Yes.

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second there there we go um this part of the package in the first section is a deed

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to the uh property dated uh november 8th 2010 um attached is uh is uh on page two uh section two

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I apologize.

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There's a tax clearance certificate as required and A3 is the refusal which we waived the

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reading of.

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I would just like to call the attention, there's two refusals.

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One was dated prior that had to be amended.

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The initial request was provide group housing, living, under personal care.

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That's been amended to the one in May of 2021 for just group living.

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We acknowledge that this is not a permitted use under CMX2, and the relief, therefore, is required to be in the form of variance.

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the uh the next um we have the uh the plans which i'll go through uh with my uh my client we have

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the application for the appeal that follows um under um a4 and then the floor plans are in a5

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and we can go to a6 which

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the four plans i'll go through with my uh client um mr jenkins when he testifies

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this is the zoning plan uh zoning map showing the the property um if that's big enough then

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the front picture of the building it was uh constructed as a bank the best we can tell is

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at the turn of the century or the first 20 years of the 1920s.

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It became a church in 1964 and has continued in that capacity

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with the mission taking over in 2010.

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The aerial view is under, I mean, this is a street view

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showing the corner of Haverford and Lancaster.

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The building's straight on with the large columns.

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To the left is a restaurant, and to the left of that is an apartment building.

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The applicant has a letter of support from the adjacent property owner there that says Texas Wieners.

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That's included in the packet.

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Going down further is the aerial view.

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You'll be able to see the building right here, and it goes through with a vacant lot all the way through to the back of West Mount Vernon Street.

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And we have letters of support in the form of petition attached in A9 to this package, and this is it here.

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we also have letters of support if you come across the street from other property owners,

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including a funeral home, James Morris Funeral Home at 4000 Harford Avenue.

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And these are the letters of support

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that are attached

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from the properties we just referred to,

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the funeral home.

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And we had an initial letter of support

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from Ward 24 that was given in March of 2020.

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It's my understanding,

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based on the subsequent submission

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by Mr. DeMarco's office,

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that they have changed their position

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based upon the fact that they wanted more details

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to the proposed services that are going to be offered,

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which Mr. Jenkins will be testifying to,

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and he put together a plan and submitted it yesterday

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to the Councilwoman Gautier.

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Also in March of 2020, we got a letter of support

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from Wes Powlton, and same story.

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Recently as this week or last week,

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we received letters in opposition from this group

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without an explanation with regards to how the vote came about,

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but they did submit an updated letter to the council

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and also to the board here.

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Also, we have a petition for support as we went mostly on Mount Vernon

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that shows the residents on that street are, for the most part,

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supportive that we were able to get a hold of

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to give overnight group living for homeless persons and persons in need.

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We also have in the package that's been submitted pictures of the improvements that were made.

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There was an application made back in 2020 for zoning relief.

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back in 2020 for zoning relief, and they had to be withdrawn because there were certain

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improvements that had to be made for safety purposes, and the mission went forward and

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expended the resources to get these done before filing a renewed application for relief.

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In here, you'll see a grade on the floor level, I mean, I'm sorry, on the street level

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that gives access, emergency access out of the building from the lower level,

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um that was a requirement uh this is the latch at the lower level that opens up to give you

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access to the street and if you look here this picture here will show you uh the ladder that

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gives people access out through that window well out to the street level for emergency access

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counselor can i ask you a question yes sir that window well does it have a drain at the bottom of

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Yes, it does. And it was an existing drain. It's my client has conveyed to me.

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It still operates?

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Yes, it does.

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Thank you.

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And then A11 is the required project information form submitted with the appeal. And A12 and

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related is to the community notice that was submitted as well as well as the proof of

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mailing that was done by the client showing the payment and the notice of mailing the

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U.S. Postal Service. With that, I would like to turn it over to asking questions directly

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to the applicant um mr jenkins is here with me so i would like to have him sworn in and go through

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his testimony with regards to the request for this variance yes sir please uh identify yourself

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for the record yes my name is reverend baron jenkins i'm the executive director of chosen

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300 ministries spell your name b-r-i-a-n excuse me i'm an initial c last name jenkins j-e-n

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K-I-N-S. Thank you. You sort of affirm and tell the truth, the whole truth from nothing but the

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truth? I affirm. Mr. Chairman, I'm certainly going to let the applicant make his presentation. I just

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want to note that I still have not seen, there's been a statement that the coordinating RCO has

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done a letter. I don't see it. It was not part of the applicant's presentation. So I'm a little

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bit confused as to whether there's an RCO letter or not. The letter I saw was in opposition.

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Sharon's working on it. Thank you. I just found it, Mr. DeMarco. Oh, I'm sorry. Go ahead. This is the letter in opposition.

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