civus
Hearing video

ZBA Hearing - August 11, 2021

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

when I had been hired to represent and present? And then, even more so, when I started talking

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about community housing and how these would be affordable for the existing community,

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Mr. Baldwin went on a tirade for over 20 minutes about how Asian landlords don't rent to the

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community, they only rent to Asians and violate fair housing standards, which ignores the fact

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that Asian Americans are part of this community. My client also insisted that they will follow

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all laws and rent to whoever is a qualified candidate, regardless of their race. And I

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and I asked if he specifically would had any evidence that my client had ever violated fair

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asked if he specifically had any evidence that my client had ever violated fair housing.

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housing laws. He just continued on about how the community couldn't support variances for

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apartments that would only be rented to Asians. So um shockingly if you read his letter this

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racism is reflected further in his letter where he points out again unnecessarily and without

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any reason, my client's ethnicity and their English language skills. I believe that this case,

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these variants should be granted on the merits of the case, about the existing uses and surrounding

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uses. However, I did feel the need to point out this very overt racism, since this type of overt

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anti-Asian racism needs to be called out and addressed, especially since this area of South

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Philly is a wonderfully diverse neighborhood. And to have someone overseeing the RCO process

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and affecting zoning decisions in this area that is openly hostile to Asian property owners

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is very troubling to me. With that, I just want to summarize that I believe the zoning board should

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grant these variances and that using each of these structures as three family dwellings is

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completely appropriate given the history of the properties and the surrounding neighborhood and

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the fact that these properties have been severely neglected prior to my client's ownership and that

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we will renovate reactivate and rent them at affordable affordable prices to quality tenants

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thank you thank you uh miss boswell you want to have your client adopt your testimony yes i

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I believe Miley Lai should be on.

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Can you raise your hand?

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Ms. Lai, you can unmute yourself and wait for the chair.

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Hello?

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Hi.

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Good morning. Please identify yourself, spell your full name, and I'll swear you in.

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My name is Mei Li Lai, M-A-I-L-Y, first name and last name L-A-I.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Thank you. Please proceed.

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All right. You heard my testimony here today and believe it to be truthful and accurate?

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Yes.

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And you would adopt it as your own and choose to adopt it as your own?

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yes thank you any questions yeah i just would you go back could you go back to the d

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is there something in particular you would like i'm just looking at the purchase price it was

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306,000 for all three properties I assume right 100,000 roughly 100,000 each okay thank you

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uh questions from the board no no anyone else would like to testify in this case if so please

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raise your hand there are no other 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 no change to the existing single-family zoning for these properties.

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These properties received use permits for three-unit buildings in 2016.

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At that time, the Planning Commission staff gave no objection to the requests for three units and a single-family zoning district at the ZBA hearing.

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We recommend that the Board approve the requested variance for all three properties.

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Thank you.

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MI 2021-001-531-537 Jackson Street, MI 2021-001-552-541 Jackson Street,

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and MI 2021-001-499-539 Jackson Street.

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I'm going to recommend that the record be closed

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and the board will discuss this case

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at next Wednesday's executive session.

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Okay, Jennifer, we'll get back to you next week.

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All right.

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Any other unfinished business for the 930 list?

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nothing that I have nothing you just make the announcement here nothing that I have here

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there's no hands up at this time what announcement is that

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oh just to see if we have unfinished business with the um

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Oh, just to see if we had unfinished minutes with the, um, the attendees.

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Is there anyone who has not been heard would like to testify? Did we miss anyone?

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Yeah, no hands up at this time, Chair. Okay. Thank you, everyone. See you back here at two o'clock.

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See you later. Thank you.

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and we'll give Yvette and Tanya a few minutes nope chair we're all ready

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good afternoon everyone thank you my name is Frank DiCicco I'm the chair of the zoning board of

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adjustment I'll be participating in today's hearing along with our board members Mr. Thomas

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Holloman and Mr. James Snell. Board Administrator Yvette Benton and Board Attorney Ms. Sharon Saleta

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are also in attendance in addition to Ms. Tanya Sunkit, our zoning board administrator. For those

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of you who haven't yet participated in one of our virtual hearings, I'll go through some of the

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basics of what you can expect. First, we will be administering oaths to individual participants

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prior to their testimony. Second, we'd like to advise everyone that this proceeding is being

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recorded and that by participating you acknowledge your agreement to be recorded and that the

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recording will be made available to the public on the web or otherwise. For anyone participating by

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phone if you wish to testify you must raise your hand by hitting star nine and then star six to

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unmute yourself. I'll repeat for anyone participating by phone if you wish to testify you must raise

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your hand by hitting star nine and then star six to unmute yourself. Finally, to enter an appearance

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statement, call Google 267-270-5548 and leave your email address in the address of the property

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at issue. I will repeat that. To enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue i would also like to remind

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everyone please do not attempt to testify in the chat any comments or questions should be directed

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to our board administrator today ms yvette benton with that i will read off uh requests for

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continuances on the two o'clock list. Case number one, MI 2020-001309. 109 Pleasant Street

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is represented by attorney Michael Phillips, and he has requested a continuance.

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number 10 on our list mi 2021-001 772 6439 lansdowne avenue attorney of record is jared

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klein requested a continuance uh just double checking sharon number six what was that with

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number 2840 home avenue is that going to be continued or do we need to have Mr. Patterson

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on no that should be read announced just continued okay so also number six on our two o'clock list

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MI 2021-001-769-2840 home avenue is also continued if anyone disagrees with the request

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for those continuances, please raise your hand at this time. Only if you disagree with the cases

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that I've read into the record to be continued. I see no hands at this time, Chair. Thank you. I

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will now ask if anyone would like to request a continuance or withdrawal for the two o'clock

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list, please raise your hand. If you would like a continuance or withdrawal on the two o'clock

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please raise your hand at this time and we have rachel pritzker with her hand up

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miss pritzker you can unmute yourself and wait for the chair thank you miss pritzker please

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identify yourself i'll swear you in uh rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635

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market street suite 1600 philadelphia pa 19103 thank you swear a friend to tell the truth the

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whole truth, nothing but the truth. Yes. Thank you. Please proceed. Sure. I'd like to request

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a continuance on behalf of the applicant for 4603 Adams Avenue. Okay. That's number eight

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on our list. MI 2021-001-767-4603 Adams Avenue is continued. Thank you. Thank you. Any other

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request for continuances or withdrawals on the two o'clock list. I see no hands chair.

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on the two o'clock list i see no hands chair thank you without any uh other objection we'll

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begin with case number two mi 2021-001774 2228 saint albin street mr bertel is the attorney of

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record there is a letter of support from sasna south of neighbor south of south neighborhood

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Association. He's coming back in as a panelist now, Chair. Good afternoon, Mr. Chairman,

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members of the board. Good afternoon, Mr. Bertil. Please identify yourself and I'll

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swear you in? Steve Bertil, B-E-R-T-I-L, from Claire Harrison, Harvey, and Bransburg. Address

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is 1835 Market Street, Suite 1400, 19103. You swear in a firm to tell the truth, the whole

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

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Sure. Oh, sorry, I had to mute there.

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Also, sir, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, a copy of the refusal or referral, and plans and photos five days prior to the hearing?

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Yes, to all of the above.

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Okay, and have you met with the RCO?

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Yes, we have.

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And do you have a letter from the RCO?

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Yes, we have a letter of support with two provisals.

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Okay, great. You may proceed.

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Thank you very much. I will share my screen now.

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Okay, as was stated, I'm here for 2228 St. Alvin Street. I represent the applicants and the owners of Mark and Maxine of this property who are residents and owners in this property.

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We are seeking today a variance for the removal of a rear deck, but more importantly, the addition of a third story so that Mark and Maxine can maintain living in this home and allow the home to accommodate their lifestyle.

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The property in question, as you can see, fronts on St. Albans Street between South 22nd Street and South 23rd Street.

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Hey, Mr. Bertil. I'm sorry. Are you just showing us the

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yellow? Right. You should be seeing a zoning area map. Okay. Thank you. Okay.

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Let me jump to the, so this is the existing conditions of the property. As you can see,

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it's currently a two story residential home for the, for use as a single family home.

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They are maintaining that use as a single family home. They are adding a third story addition with a roof deck and a roof access structure. The refusals that we have are due to the setback of the proposed third story addition and originally the setback of the roof deck.

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As you'll see in a second, we have agreed to two provisos and revised plans that eliminates the roof deck refusal.

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So now we only have the one refusal regarding the set due to the overlay that addresses the third story additions on the property.

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As you'll see, as I go through the presentation, just a little bit of context of the area, although the block is predominantly two stories,

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As you can see, there has been three additions put on on properties on the immediate block and immediate neighbors.

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Here's another addition.

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As you'll see with our design, we are mimicking the additions that have been done thus far with a dorm or roof that addresses some of the concerns that exist with third-story additions, so it's not as imposing on the streetscape.

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We did talk to our near neighbors. As you'll see, we have a petition of support for our addition

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from our immediately adjacent neighbors, but also neighbors up and down the block.

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The property itself, let me go to the design here.

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as you can see this is the proposed design for our addition as you'll see um it's almost

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um it's almost identical to some of the designs that are here and we originally had one large

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identical to some of the designs that are here and we originally had one large window

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window but as part of the provisals that we agreed to with the community and we agreed to do

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the two separate uh dormers um to to fit more of the character we're maintaining the cornice line

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as is desired uh by the community group in fact we're enhancing the cornice line because as you

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saw from our um the existing conditions um currently this sort of cornice has not developed

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out at some point it was taken off uh previous to our ownership to the applicant's ownership

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of the property but we're going to re-establish that with this addition designed to maintain

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sort of the consistency across the corners of the block we did meet with the community group

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we met with their architectural committee and with the full community group and we have a letter

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of support for the proposed addition with two provisos, one of which is making sure the deck

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and the railing for the roof deck is set back five feet, which eliminates one of our refusals.

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And the other, as I stated, is utilizing the two dormers with double hung windows,

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as opposed to what our previous design was. As such, because actually let me scroll down so you

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You can see it was unanimous support,

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no votes in opposition.

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And therefore we are requesting that the board approve

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our advance request considering the support

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of both the near neighbors, the community group

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and no opposition as far as we know.

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With me, I have a representative from the owner.

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If the board could recognize Mark Nicastra.

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Mr. McCastro, please identify yourself, spell your full name, and I'll swear you in.

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Spell it.

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Mr. McCastro, if you're here, could you please raise your hand?

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But yeah, it's updated for today.

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I just wanted to make sure that you can...

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So just as a reminder, someone has their is not muted and we hear voices in the background.

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If you can mute, that'd be helpful.

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And Mr. Bertel, if we're not able to get your client.

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OK, we'll stipulate you being an officer to court.

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Your client would have adopted your testimony.

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OK, thank you.

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With that, I'm here to answer any questions if the board may have any.

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Any questions from the board?

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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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this is Sharon Mr. Bertil may I ask one question the I just checked your proviso plans form in

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the revised plans it appears that both of the requested provisos are incorporated into the

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plan so it wouldn't be necessary to add any proviso if the board approves it other than

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plans one page that's correct thank you thank you anyone else to testify in this case

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Chair, we have Ms. Cohen. Ms. Cohen, you can unmute yourself and wait for the chair.

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Good afternoon, Ms. Cohen. Please identify yourself with the records by your name.

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Ms. Cohen, are you there?

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Anyone else to testify in this case?

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There are no other hands at this time, Chair. Thank you. Planning Commission?

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Good afternoon, Chair, members of the Board. My name is Greg Waltman from Planning Commission

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staff um my uh first name is spelled greg or gregory g-r-e-g-o-r-y lasting waldman w-a-l-d as in

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door m-a-n as in man you swear for him to tell the truth the whole truth nothing but the truth

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um i do please proceed uh the comprehensive plan recommends this property for residential single

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family use. This property is on a block that was constructed with two-story homes, some of which

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have recently added a third floor. We believe that with the modifications that the property

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will not have any adverse impact to the surrounding block. Accordingly, we recommend that the

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requesting requested variants be granted. Thank you very much. MI 2021-001-774-2228

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2228 St. Albans Street. My vote is yes with a proviso one page approved today.

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St. Alban Street. My vote is yes.

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James Snell, yes with proviso. Thomas Holloman, yes with proviso.

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Thank you. Mr. Bertil, you're up again. MI 2021-001-969-2345 North Front Street.

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Chair, this is Sharon. Since I gave you the summaries, we received a letter from Councilwoman

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Sanchez in support and her, though I haven't received a copy of the RCO letter, it references

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the RCO letter in support. Thank you very much. Mr. Bertil, just identify yourself.

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And I can forward that over to Ms. Saleta. We've since received it.

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Mr. Bertil, just identify yourself again. You're still under oath.

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Sure. Steve Bertil, B-E-R-T-I-O, Claire Harrison, Harvey and Brandsburg for the applicant.

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Thank you. Mr. Snell has questions for you again. Mr. Bertil, have you emailed an exhibit packet

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with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or

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