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Hearing video

ZBA Hearing - August 11, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 11, 20212h 55m

Okay. I'll select a different size. How's that? Is that a little better?

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And if you could turn it, that would be helpful.

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Yeah, I will turn it.

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Wait, the wrong way.

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how's that is that better and and if you could enlarge the the entire screen as there we go

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there you go perfect thank you how's that that's that's helpful thank you okay so a little larger

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if you could though i'm just looking okay no problem i got this new computer and you know

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it's a little tricky to use

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i gotta go so you want it a little bit bigger let's see if that is that big enough

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uh yeah i think so tom can you see it that's it that's good that's good that's good right there

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thank you just let me know when you're ready to go to the next we're ready you please proceed

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okay all right thank you so much for your patience this photograph and i have to go back to

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view, rotate.

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Hopefully I can get this to do

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the right thing.

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All right.

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Here we go. This is the north side

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of the property in the front.

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We don't see that. We're not seeing.

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Do you see it?

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Nope.

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At least I don't

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by somebody oh i got it now sorry good that's okay no problem okay please proceed all right

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so this next picture is the south side of the property and i'm going to change the view back to

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uh where it was

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There we go.

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This is a view of the south side of the property.

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Can you see that?

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Yes.

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All right.

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The next picture is a view of the east side of the property.

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Can you see that?

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Yes. Okay. This next picture is a view of the west side of the property. This is on 17th Street.

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The west side is the one on the left? Yes, the one on the left. Right here, this one. Yep. Okay.

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Are you ready for the next picture? Yes, ma'am. Okay. And this is a view of the rear of the property.

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are you ready for the next yes yes yes okay and this is a picture

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going to the next slide all right of the zoning notice posted on the property

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are you ready now yes okay and these are the posted addresses that were notified

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okay

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and this is a uh the rco the summary of the rco meeting

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okay and the notice

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And this is a letter of support from the RCO approving the variance.

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And that ends my presentation.

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Could you go back to the site plan?

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Yes. You need me to maneuver it back into how I had it before with the, here we go.

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you can rotate that i sure will

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hopefully this is oops keep choosing the wrong way

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okay there we go okay um i just want to make sure tom you're gonna

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Mr. Holloman, are you looking at this?

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I'm looking at it, but it's not clear to me.

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Wait, do you need me to make it smaller, or do you need me to make it bigger?

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What do you not see?

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Enlarge it.

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You want it much bigger than it is now?

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It's not a site plan.

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Go to the site plan, please.

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okay

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Do you see this document here?

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Yes.

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Okay.

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Tom, do you have any questions?

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No.

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Okay.

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All right.

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Ms. Nichols, you want to ask your client if he adopts your testimony?

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Yes. May I close this?

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Yes.

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Can I close this now?

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Yes.

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Okay. Thank you so much.

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Mr. McCray, you've heard the testimony here and seen the presentation.

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Do you adopt the testimony that I've presented today as your testimony before the board?

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Yes. Yes, I do.

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Thank you.

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Questions from the board? No. Anyone else would like to testify in this case please raise your hand.

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Seeing all hands at this time chair. Thank you. Planning Commission?

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Good morning. David Fecto, City Planning Commission, Mr. Chairman, members of the board.

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The comprehensive plan recommends this property for single family use.

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However, this appears to be a long-standing three-unit building.

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We recommend that the board approve the requested variance.

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Thank you. MI 2021-001498, 1651 West Grange Street.

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My vote is yes. James Snell, my vote is yes.

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Thomas Howellman, my vote is yes.

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thank you we go to number six mi 2021-00 someone may i be excused yes yes thank you so much for

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your patience today thank you have a good day mi 2021-001-532-2300 south 20th street

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Mr. Raymond DiRizio is the attorney of record. Notation says we have not yet received a letter from the RCO.

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Excuse me, Chair. Can I please ask Mr. Holloman, I think that you had two of your devices volumes on.

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It looks like they're both off now, but when you speak, definitely only do one of them and we won't hear the echo.

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get that Tom

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Tom you're muted

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are you able to unmute one without the other yeah I corrected it I lost power I corrected it

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perfect you read my mind thank you no problem mr dorizio

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he's coming back and now chairs a panelist

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thank you mr dorizio please identify yourself with the record spell your name and i'll swear

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you in yes good morning mr chairman members of the board raymond dorizio d-o-r-i-z-i-o

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to Penn Center, Suite 521-9102, Attorney for Applicant.

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We're a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Mr. Snell?

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Okay, Mr. D'Orizio, also, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral,

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and plans and photos five days prior to this hearing?

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Yes.

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have you met with the rco yes and finally do you have a letter from the rco well the rco

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sent in an email this morning that's um from gear and that's miss jody um hold on i'm gonna pull it

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up jody della barba she sent that in at uh looks like at 6 57 this morning an email and i was cc on

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looks like at 6 57 this morning an email and i was cc on it and it's an email of support

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okay great uh you may proceed thank you before you begin

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sharon and or tanya have you received that letter i have not

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it was an email it looks like uh miss sunka was copied uh councilman johnson i'm sorry this is

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if we could proceed and i will have the staff take a look at the zba box okay thank you thank

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you thank you please proceed thank you so this is 2300 south 20th street um

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it's on the corner of 20th and wolf um it's my client mark lewitz he's the owner it's his

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application for two family dwelling in the existing structure that was the refusal um

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Um, I'm going to get to the deed. Here's the deed. He purchased the property in 2015.

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Here are the plans. He's asking for two, two bedroom units. Um, this is a photo of the front

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of the building. It's on the Southwest corner of 20th street. Uh, this is the side facing, uh,

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or looking South. It's the side of the building. That is a photo of 20th street going North.

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that's 20th street going south here are some photos of the interior sorry about that if i

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could twist it but that is kitchen bathroom we did get a petition from the near neighbors

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here are some signatures from them we did meet with gerard estate area residents mistela barbara

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that was last week there's no opposition as far as i know to this proposal and here is my client's

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tax clearance I believe Mr. Liuzzi is on the call. The building is currently uh the first

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floor is currently in office is that correct? Yes yes. Okay I'm familiar with the property.

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All right Mr. Liuzzi if you're available please spell your full name and I swear you in.

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Mr. Liuzzi you can unmute yourself and speak now.

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Mr. Luizzi, please unmute yourself and speak now.

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Okay.

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L-E-U-Z-Z-I.

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L-E-U-Z-Z-I.

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

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Yes, I do.

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Thank you, ma'am.

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Mr. Liuzzi, you heard my testimony, correct?

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You were on the call?

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Yes, I did.

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I'm going to get off the cat tree.

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I'm sorry?

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Okay.

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And was it truthful and accurate?

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Yes, it is.

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And would you adopt it as your own?

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Yes, I would.

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Okay.

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And you wish to adopt it as your own for the purposes of this hearing?

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Yes, I do.

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Thank you.

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I have nothing further.

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Questions from the board?

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No.

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No.

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Anyone else would like to testify in this case, please raise your hand.

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There are no hands at this time, Chair.

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Thank you.

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Planning Commission?

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Good morning.

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David Fecto, City Planning Commission.

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Mr. Chairman, members of the board,

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the comprehensive plan recommends no change in the existing single family zoning for this property

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we are aware of only one other two-family home on this block of south 20th street

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we recommend that the board deny the requested variance david do you are real uh are you aware

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that the first floor is commercial space i was not aware of that no it has been for a number of

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years that's why i only just bring that to your attention so it has not been used as a single

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family for a number of years okay thank you thank you thank you did we find the letter tanya

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sharon jason is still searching for it sir so could what do you do you recommend we hold this

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vote i don't want to hold it for another week if we can find the letter we can vote it today

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this is sharon do you have a copy of the letter can you just forward it to me

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please? Absolutely. I could forward the email to you right now. And I just did.

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chair since my internet seems to be working a little slowly this morning do you want to just

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hold this until the end of the next case and then vote it yeah we'll do it at the end all right um

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mr uh darizio we'll we'll get to this uh and momentarily okay okay thank you i'm gonna log

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back in for my phone only because I have to, I have an appearance before. Sure. No worries. Thank you.

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All right. We can now go to case number eight, MI 2021-001495, 5046 Germantown Avenue.

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Yvonne Haskins is the attorney of record. Wakefield 49ers Community Improvement and

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Development Association has sent a letter of support along with a letter of support from

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Councilwoman Bass. Ms. Haskins, if you are here, please raise your hand.

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She's coming back in as a panelist now, Chair. Thank you.

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am i morning good morning please identify yourself spell your first and last name and

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i'll swear you in good morning mr chairman my name is yvonne haskins yvonne y-v-o-n-n-e

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Haskins, H-A-S-K-I-N-S, attorney for the applicant. You swear and firm to tell the

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truth, the whole truth, nothing but the truth? I do. Thank you. Mr. Snow has some questions for you.

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Good morning. Have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral, and plans and photos

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five days prior to this meeting? Yes, sir, I have. Okay. Have you met with the RCO? Yes, sir.

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They've sent in a letter. Okay. And that was my final question. Have they sent or do you have a

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letter? But okay, that's great. You may proceed. Thank you, Mr. Snow. Good morning, members of the

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board. I represent the applicant and I have to preface my presentation by saying this is probably

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most frustrating, one of the most frustrating cases I've ever presented. I would like to share

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my, begin by sharing my screen to begin to give you some background as I present the case.

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May I share the screen? And I hope I do a better job this time than I did the last.

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yes yes you may and um can you go to the green button that says share

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um i see start video i don't i think that's just to show my face okay i saw your video i just saw

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you you look cute um so if you hit that green there we go we see you now okay so now hit the

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button that says share at the bottom you're on a regular computer yeah i'm on it let me put it in

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full screen and it's on you okay now i see it now i see it and you have your documents up already

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i have them up and i i think they're right here and you click on it once you hit click on that

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okay there you go it's coming up i did it all right

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This is the history of members of the board. You will see the date here of 2004.

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That's a permit that allows three families. This project is zoned CMX-2.5 which requires

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commercial on the first floor. However, my client has had a rental license for this property for

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