civus
Hearing video

ZBA Hearing - June 30, 2021

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

um mr holliman that was the basis for the refusal there's one zoning refusal for extending into this

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minimum side yard width required is eight feet as you mentioned and this is proposed to be 0.5 feet

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thank you you're welcome

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yeah so the the carport itself uh what i was aiming for was 20 feet wide but if i push it to

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eight feet on each side to the for my neighbors i'm only left with

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four feet carport and i won't be able to fit a car in there

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what did the oh so the community opposed the right

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yes they did thank you

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You say, isn't it eight feet from one side?

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You said two sides.

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Isn't your property, isn't your building on one side?

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Yes.

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So there's a 7424 on one side and 7426 on the other.

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74 24 on one side and 74 26 on the other uh we have a uh backyard where we all meet together

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uh so you need eight feet from the from the opposite you need eight feet from the other

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property line from from your neighbor's property line right so you can you make it closer to your

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building. I'm not aware of that. I think what they were saying is from each of the property

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lines on the sides, but not towards where it's closer to my building. I think they wanted

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narrower. They don't want it this wide. Yes, Tanya? I'm sorry, Chair. I hate to interrupt,

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But if I could offer a suggestion for this applicant to maybe allow him a short continuance so that he can review and determine if he wishes to proceed, because I'm not sure if he understands exactly.

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But it's totally your call, Chair.

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I'm sorry.

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From what I understand is why the refusal is too wide.

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Not that it was too far from my house.

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Yes, it's not too far from your house.

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It's too far from the side property line.

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Right.

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If it's too close to the side property line, it needs to be eight feet.

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It is 0.5 feet.

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And that's the ground for the refusal.

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So you need more time to get somebody to help you with this?

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um to help me explain this or um chair i'm not sure that if there's anything else that can be

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done it's fairly straightforward he is too close to the property lines the neighbors oppose it

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yep i mean my my neighbor's rate uh 74 24 and 74 22 they have no uh no problem with this

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all right is there anyone else here that would like to speak on this matter

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i see no other hands mr or has any questions yes mr chairman i think he needs more time

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to figure out what he's talking about okay uh he doesn't he doesn't understand

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i don't know what he doesn't understand i i sir i really don't understand what what is sir are

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you doing the job or you got a contractor doing it i am doing the job myself okay you might gonna

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have to get a contract with somebody that will assist you with this okay uh sir all due respect

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i i don't really want to go forward with this it's been a year okay okay let's just vote on it then

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planning commission

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good afternoon chair peter bernard planning commission

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this property is indicated for single family residential use on the city plan

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the applicant has not demonstrated the necessary hardship regarding the requirements of the code.

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We recommend that the requested variance not be granted. Thank you. Calendar number MI 2020-001-196

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7424 Reverie Street. My vote is no. My vote is no. My vote is no. All right, good luck. Calendar

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number MI 2020, we're doing Oxford Street, correct? Yes. Calendar number MI 2020-003-237-7345

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Oxford Avenue. How happened to my video? I'm sorry about that. Some happened to my video

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there. One second. Mr. Jhin, there you go. I allowed you to have your video back, Mr. Jhin.

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I know. I'm saying I have a virtual background video of something that's not me. So I've tried

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to, pardon me one second while I correct that. All right, and now I should be in. Thank you.

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There you go. Please identify yourself for the record. Yes. Hi. Good afternoon. Zenjen Z-H-E-N

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J-I-N 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103 here on behalf of the

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Suite 1838, Philadelphia PA 19103, here on behalf of the African.

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Captain.

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Are you sure a firm to sell the truth, the whole truth, from nothing but the truth?

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I do.

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Thank you.

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You agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal, or referral, photos and plans five days prior

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to this hearing?

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I have.

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Thank you.

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Have you met with the RCO and have a letter?

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We have a letter from the council office in support, I believe based on the RCO's feedback to the council, the councilman's office, Councilman Brian O'Neill's office.

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Yep.

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Please proceed.

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Thank you.

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If I may, I'm going to go ahead and share the screen.

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i have before you the cover letter for our submission we sent in the refusal councilman's

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non-opposition letter photos plans tax clearance and related documentation to the application

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this is an application for a use that is rather unusual but is fitting for this particular

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property. Well, this is a residential RCA3 zone property. It sits on Oxford Avenue at a location

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in a format that makes it viable for the use that has been proposed, which is actually an Asian

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cultural exhibit and library of Asian documentation of the immigrants that have come from China,

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as well as documentation, art, and other exhibits from China. In essence, a small museum

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for Asian background and Asian culture. So the idea here isn't to make any substantial changes

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to this beautiful twin house you see in the photograph here. What is going to be done are

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primarily restructuring the interior rooms into individual exhibit rooms, which will contain both

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family history, Asian art, cultural items, as well as documentation of the experience of various

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Asian immigrants coming to America. So it is a joint effort by both my client's organization,

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as well as organizations in China, Chinese Americans here in the United States working

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together to kind of put documentation of our culture into one location as a way to give

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the community of that area a way to reach out and visit and see Asian culture and experience

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Asian cultural items. So there will be no residential use of this property at all.

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The idea is to run this space essentially as a small museum. This is only half of two cases,

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actually. The two addresses are connected in this twin home, but unfortunately they were

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filed as two separate cases. So I'll be back again before the board another time with the

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other half for the same exact purpose, which is, again, converting the individual rooms into

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exhibit rooms and presenting cultural items. The organization that is in charge will monitor

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the property. It is only going to be open during those hours where exhibits are open to the public.

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However, majority of the upper floor rooms are likely to be initially used as a documentary

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storage and library for information and history. So not all of the space would be open to the

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public, but most of it will be once exhibits are set up. The property, again, has a large lot

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with the possibility of providing parking in the future in the back. A parking lot was discussed

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with the community as part of the process that we were trying to move forward with.

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But at the present, there's no actual plan to put additional parking in.

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The community actually was quite positive with the idea of preserving this building.

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This will allow the organization to put money into the building, preserving it on the exterior

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while making use of the space on the interior for the purpose of display and documentation.

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So while this is an unusual request for an RSA3 building,

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I would submit that this is not a use that would give any negative impact to the neighborhood.

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It would also allow this otherwise vacant building to be once again...

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It would also allow this otherwise vacant building to be once again revitalized and used in a way that would benefit the community and not cause any negative harm to the community.

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So I would ask the board for positive review of this request.

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And again, we will be coming back soon with the other half of the building for the same exact purpose.

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So the overall twin will both be used as an Asian cultural exhibit hall if the board approves and once renovations are complete.

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I'm happy to try to answer any questions.

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It's very cold in my basement, so I might be a little shaky in my presentation.

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I'm sorry about that.

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No problem.

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Does the board have any questions?

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No.

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Anyone that would like to speak?

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I see no other hands Mr. Plaza. Thank you. Planning Commission.

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Good afternoon Chair, Peter Bernard for the Planning Commission. This property is indicated

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for single-family residential in the comprehensive plan. We see, we feel that the applicant has

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demonstrated sufficient hardship. We have no

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objection to the grantee of the variance.

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Thank you. Calendar number

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MI 2020-003237

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7345

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Oxford Avenue. My vote is

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yes. My vote is yes.

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My vote is yes.

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Good luck. Thank you. Have a good evening.

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Likewise.

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Alright, we're back to number

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6. MI 2020-

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000

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0-0, 0-1-2, 7158, Torresdale Avenue.

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Yes, thank you, members of the board.

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You got it.

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Mr. Young, please identify yourself for the record.

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Yes, again, Jeffrey Young, attorney for the applicant.

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My address is 3900 Fort Road, Suite B, Philadelphia, PA, 19131.

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I have on the line here is the applicant, Mr. Jay Monbram, and his wife, Mrs. Alvanna Monbram.

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okay uh you swear a friend to tell the truth the whole truth for nothing but the truth

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yes you agree to waive the reading of its refusal and stipulate to its accuracy

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uh again i i agree to waive the rating however we can't stipulate to the accuracy

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okay and have you emailed okay i guess we already addressed that uh please proceed

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thank you uh may i share my screen

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again thank you members of the board um jeffrey young here on behalf of the applicant

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um here uh is the table of contents uh going through the packet of material uh we have the

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tax clearance at page two uh deed at page three current use permits uh refusals area map

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zoning map, the plans, zoning notification letter, an RCO letter, and also pictures of the property.

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Here is a tax clearance for Mr. J. Monbram issued by the Department of Revenue.

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Here is the deed to the property titled to Mr. J. Monbram and his wife, Silvana Monbram.

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the next exhibit um here uh is the current use permit for the property um so currently the

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property is used as a church and was granted this use in march of 2019 our application today

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is for an accessory signage should be placed upon the church

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here's also a use granted in 2019 for a daycare center at the property however the signage

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is not associated with the daycare use and here is a copy of the refusal the refusal states for

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the erection of one internally illuminated static accessory flat wall sign and for the erection of

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one accessory flat wall side flat wall led message board sign this is the part of the

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refusal that we cannot stipulate to its accuracy for the flat wall led message board it is not for

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the erection it is for the legalization of the flat flat wall led message board this sign was

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previously installed by the applicant and applicant hired an electrician.

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Because the property is a church, he was misinformed that there needs to be a zoning permit

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for the flat wall message board. And so we are here today to ask for its legalization.

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And so we are here today to ask for its legalization.

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And there are three refusals all associated with the LED animated message board.

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Here is an area map.

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You can see there's an arrow pointing to where the property is.

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We are a block away from a playground.

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As you note here on this map, there are a number of commercial properties in this area.

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This area is along Torres St. Avenue is a mix of both commercial and residential uses.

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As you can see here on the zoning map, our property is currently zoned CMX2, and along

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with most properties on our side of Torres St. Avenue.

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here is a copy of our zoning plans for the sign we're asking for permission to install a 39 by

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60 led animated and illuminated message board on our property as well as a permitted sign

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underneath our message board with the name of the church.

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Our message board is approximately 12 feet,

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four inches above grade.

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So it does not have a blinding effect

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on anyone walking past or driving past our property.

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Here is the notice letters that were sent to the RCO.

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As you can see, this appeal was filed in 2019, and due to COVID and other reasons, you know, this appeal has been pushed back to today.

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However, they did meet with the Tocconi Civic Association, and a letter is attached.

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Here, the letter from the Civic Association explains the property history, being a CMX2

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building. It was previously a funeral parlor.

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There was some miscommunication amongst the applicant and the community about the meeting.

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However, those things were squared away and the Civic Association submitted a letter.

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Here, as you see with the provisals, I'm asking that the lights be turned off by 10 p.m.,

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which is something that we agree with.

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And there are a few other non-zoning-related issues with the proviso.

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There seems to be a mistake on this letter to the board where they could oppose.

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However, if you look at the actual tally, there were three in opposition, and two of those in opposition were not immediate neighbors who were not affected by our project.

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And there was a five with non-opposition for our signs, with four neighbors being directly impacted within a 250-feet radius.

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There's a current picture of the church with the sign installed. Again, as you can see, it's over 12 feet high, so there's no impact on pedestrians and vehicles driving past.

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This is commercial properties, which is our neighbor to our east. If you can see, they have illuminated signs and lighting in their property.

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this is directly across the street from us it's all commercial properties with the pizza store

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the beer deli and a few others all having led lighting on their properties in their windows

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again this this is the west view again our neighbor is a commercial property

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with a gas station further to the west

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and this is a picture of that gas station with illuminated signage

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this gives you a sense of what the block looks like again it's a mix of a residential

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