civus
Hearing video

ZBA Hearing - November 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 10, 20216h 2m

and you know we really did try in good faith i emailed the one individual uh the night of

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because um i put my email in the chat um and she she responded um but i don't all right no worries

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okay 2529 tulip street as you can see it's not uncommon around the corner to have a three-story

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to have a three-story structure go straight up. But then our plans and drawings again, even though

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structure goes straight up. But then our plans and drawings.

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this is not a mansard roof, it does look like one. We did try to purposefully change the materials to

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kind of lessen the height of the building and that's the front rendering. The rear rendering

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you know shows you know again the rear and you can see the building structure, the roof

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structure in the back again you'll see from the the plans and drawings um we really have no choice

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so um and i'll go back to the height i'll take a look to see what that height is but i would

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it doesn't exceed 38 feet oh no and i would think it's probably closer to 33 feet um okay that's

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fine but um but again if you look at it yeah if you look at it again we're not trying to increase

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density. First floor, open floor plan. Second floor, two bedrooms and a bath. Third floor is

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a master bedroom and a bath. And as you can just see, it's just like you look at the stairs,

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there's no other way to do the steps than to go up and down. It's not wide enough. The building

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is just not wide enough to go across. And that's why the stairs in the rear hug on the third floor

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and then on the roof deck access so that and if you look at the third floor master plan

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excuse me third floor plan if we did the eight foot setback this is the master bedroom like

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basically just you know estimating we would lose this much space we would have a functional floor

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plan on the third floor either and then the other one is just the open area we're just trying to

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square off the building so summarize and we'll get your red yeah so so those so that's basically

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a summary we're really trying to do the least modification possible under the philadelphia

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zoning code um we would still love to work with the people who are affected who had some issue

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with our property but we have haven't been able to reach out to them we did reach out to many many

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neighbors on our block who are in support of our project including the next door neighbors and we

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hope that the board finds that this variance is reasonable in the circumstances and grants it.

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With that being said, I have Anjali Patel, the owner's representative on the call,

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and I would like for her to adopt my testimony. Good afternoon, ma'am. Please identify yourself,

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spell your full name, and I'll swear you in. Hi, my name is Anjali Patel. My spelling is A-N-J-E-L-I-E,

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last name patel p-a-t-e-l you swear or affirm to tell the truth the whole truth nothing but the

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truth i do thank you mr knockinson yeah mrs patel you heard everything i stated today

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correct and is it true correct yes and do you adopt it as your own testimony i do

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any questions from the board no mr chairman uh anyone else like to testify in this case if so

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please raise your hand no hands at this time chair thank you uh planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the single-family residential at this location

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we feel the increase in non-conforming open space is de minimis but that the applicant has failed

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to demonstrate a hardship for both the third floor and roof deck setbacks accordingly the

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planning commission recommends the board grant the variance for open space but deny the variances for

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setbacks. MI 2021-003234, 2540 Survivor Street. My vote is yes. Carl Toneri, my vote is yes.

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

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thank you carol do we go to case number six now because i don't remember yes we do okay thank you

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mi 2021-003218 2716 east monmouth street catherine missomer is the attorney of record

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the southport richmond civic association sent a letter of support

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and she's coming in now as a panelist here thank you uh miss missomer when you get on

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please spell your full name i'll swear you in sure it's katherine missomer m-i-s-s-i-m-e-r

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1835 market street suite 1400 19103 do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do thank you uh miss denari has some questions for you

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I do. Thank you. Ms. Tenere has some questions for you.

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Bye.

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

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I agree to waive. I just want to confirm there was an amended refusal issued in this case.

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I want to confirm you have a refusal dated 10-29.

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do we have that melissa i'm not aware of a an amended refusal i could check to see if one came

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in in late um but all i was submitted to the board on the 29th via email to both tanya and

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Sharon. So it should be of record. Okay. Thank you. Thank you, Melissa. We'll proceed.

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Thank you. Okay. Have you emailed the exhibit packet with proof of ownership,

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tax compliance, refusal referral, photos under plans of the property five days in advance of

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this hearing? And have you met with the RCO? And do you have a letter? Yes, to all of the above.

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Okay, great. You may proceed. Thank you. And you should be seeing my screen in front of you now.

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We are. Great. As mentioned, I'm here on behalf of the Ownership Brickstone Group LLC at 2716 East

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Monmouth Street. With me today are Tom and Carolina Hewell. They will be living at this residence,

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it's their personal residence, as well as the project architect David Whipple. We're here today

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for a single family new construction with accessory parking. You should have received

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a letter of support from Southport Richmond Civic Association as well as a letter from our direct

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next-door neighbor at 2718 East Monmouth that is also in support of this application.

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The property is a vacant lot zoned RSA 5 on this block of Monmouth between Salmon and Edgemont.

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there's parking garage, front access parking garages on both sides of the block.

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Your materials contain a chart which shows, this is a site plan just briefly, but I also submitted

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a chart of those neighboring properties. This is our lot here. You'll note the property next door

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at 2714 has front-loaded parking, as well as on this side of us at 2718, a recent permit was

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granted for front-loaded parking as well. This chart does reflect some of the addresses on this

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block that already have accessory parking from Monmouth Street. And you can see through our

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surrounding area photos, this is the existing condition in this neighborhood. And this is the

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end of Monmouth where it dead ends in desoulment. So you'll note several commercial garages at the

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of the block as well. As this property is zoned RSA 5, the proposed accessory parking does generate

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a refusal for front-loaded parking. Again, this is the existing condition in the neighborhood.

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We also received two technical refusals and these are reflected in the revised refusal

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that I mentioned earlier. This is the zoning permit for 2718 which allows parking next door

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and this is our refusal on our location what we're proposing is something similar to this

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um what you would see in different neighborhoods of the city because it's open to the sky

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lni is interpreting this front door which is typically a garage door as a fence and that's

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why we were issued the fence refusal and the setback lni is interpreting this not to be the

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front of the building, even though this brick structure will be at the property line adjacent

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to neighboring structures, L&I issued a refusal because they're considering this to be a setback.

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Again, that's really just by virtue of this design. There's no difference between what we're

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proposing and a traditional garage, just the fact that it is open to the sky. That's why it's

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generating that different interpretation. As mentioned, we did meet with Southport Richmond

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Civic. They are in support of this application, as well as the directly affected next door

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neighbors. I will just add to the record that as evidenced by this letter of support, this

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proposal will not be detrimental to the development of neighboring properties. Again, the proposal

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is in context with existing uses on this street, as the majority of these buildings do have front

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loaded parking. The proposal will not alter the essential character of the neighborhood, again,

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as in we're conforming to what's existing there on site. I will just ask Mr. Huell if you would

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unmute yourself or if he could be allowed to unmute himself.

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He just has to raise his hand. Tom could you raise your hand please it should be

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Tom, could you raise your hand, please?

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It should be indicated at the bottom.

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indicated at the bottom.

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And if not, as a member of the board,

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I would ask the board to stipulate that

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he would adopt my testimony if he could.

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Mr. Tom, you can unmute yourself.

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We got him.

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There he is.

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Good afternoon, sir.

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Yes, please spell your name.

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Tom, your last name, please.

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Tom Kuhl, H-E-W-E-L-L, and I'm here with my wife, Carolina Kuhl, same last name, H-E-W-E-L-L.

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

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I do.

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Thank you.

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Ms. Zimmer.

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Thank you.

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Tom, did you hear my testimony this afternoon?

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Yes.

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sounds like you're being an officer of court we're going to adopt this that your testimony

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appreciate it i did all right any questions from the board no no no no mr chairman no anyone else

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would like to testify in this case please raise your hand no hands at this time chair thank you

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planning commission good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the rsa single-family residential at this location

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while garages are common on the block front-loaded garages increase conflicts with

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and hazards for bicycles and pedestrians reducing public safety and well-being

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while privatizing public on-street parking additionally the applicant has failed to

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demonstrate sufficient hardship for the setback accordingly the planning

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commission recommends the board deny the adherences thank you mi 2021-003218

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i'm sorry here this is tanya the zoning board administrator may i interject yes please we did

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receive the uh uh refusal however if i could ask uh miss missomer was the same zp number used

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for both refusals i believe so yes okay so the latest refusal is 10 29 21 correct and chair if

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we could just add that notation that that will be the um dated refusal that the l and i would use

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how should i phrase that um okay i just drew a blank um uh yes the refusal is 10 29

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Dated, 10-29-21.

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Related refusal is as stated?

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As dated.

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As dated.

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Yes, 10-29-21.

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10-29-21.

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Thank you.

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Okay, MI 2021-0032182716 East Monmouth.

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my vote is yes with the proviso related refusal as dated 10 29 2021 carol tenere my vote is yes

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with proviso confessor plazo yes with proviso james snell yes with proviso thomas holliman

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yes with proviso thank you i believe we now go to case number eight thank you thank you mi 2021

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721-003-219, 6114-16 Lansdowne Avenue.

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Joseph Consul is the attorney of record.

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HMC Squared Community Association sent a letter of support with provisos.

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So, Mr. Consul, if you're out there, please identify yourself, spell your name, and I'll

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swear you in.

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I'm here.

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Joe Consul.

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how's everybody doing consul madison llp one west third street suite 204 media pennsylvania

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one nine zero six three and consul is spelt c-o-n-s-o-l-e do you swear or affirm to tell

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the truth the whole truth nothing but the truth i do thank you miss uh nary has questions for you

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hi do you agree to wait the reading of the refusal and stipulate to its accuracy

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

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copy of the refusal or referral or 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 yes we have a letter of support okay great

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you may proceed everyone joe console 6114 lansdowne avenue i have with me leonda reason

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i have with me leonda reason she is the uh tenant and the applicant for this property

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She is the tenant and the app.

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this property i'll pull it down here is a uh 1250 square foot space on lansdowne avenue

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back view there it is there this property is on cmx2 we have a special exception referral

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She's seeking to use the property for baby showers, graduations, funerals, memorial services, family dinners, and local RCO-type events and that sort of thing for the community.

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We got a couple of bathrooms, one of which is ADA accessible.

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She's seeking to use it for up to 50 people at one time.

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she has a five-year lease and has been upkeeping doing some upkeep on the space since then

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here's some pictures um with the approval she expects to get off the ground

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in december she gets all the approval she needs we went in front of the rco on september 22nd

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HMC Squared give us full support. With Provisos, they asked for armed security for events. I don't

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know how much of that can be enforceable, but they also asked that the events don't run past

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11 on weekends and 9 p.m. on weekdays, both of which we agreed to, that the events themselves

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would stop and then there'd be some time afterwards for Ms. Reason and her eventual

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employees to to close down and clean up and that and that sort of thing i don't have a lot a lot

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to add she's excited to get involved in the community council what are the terms of her lease

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it's a five-year lease started in june of 2021

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again right okay and she doesn't expect to get operational till december correct if she gets

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approval today correct next next month yeah she's just been it was a daycare they shut down during

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the pandemic she's fixing up the inside now okay um i can't alter so the term of her release was

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june of 2021 and it expires june of 2026 correct yes sir okay um you have your client to adopt

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your testimony? I do. Ms. Reason, would you raise your hand? Hello. Hi, ma'am. Please spell your

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first and last name. L-A-Y-O-N-D-A, last name R-E-A-S-O-N. Do you swear or affirm to tell the

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truth, the whole truth, and nothing but the truth? Yes. Thank you. Mr. Counsel. Good afternoon,

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Good afternoon, Ms. Reason. Did you hear my testimony today about your space on Lansdowne Avenue?

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Yes.

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Do you agree with it and adopt it as your own?

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Yes.

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Do you have anything you wish to add or alter?

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No.

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Okay. I have nothing further.

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Thank you. Questions from the board?

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No, Mr. Chairman.

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No.

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Would anyone else like to testify in this case? If so, please raise your hand.

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We have no hands at this time, Chair.

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Thank you, Planning Commission.

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Good afternoon, Chair Peter Bernard

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for the Planning Commission.

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The comprehensive plan recommends no change

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to the CMX2 commercial mixed use at this location.

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We do not feel that there will be any unusual circumstances

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for this use.

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