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Hearing video

ZBA Hearing - November 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20214h 45m

Case number two on our list, MI 2021-002425, 1701 Seibert Street.

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Alan Knockinson is the attorney of record.

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My records indicate that we have not yet received an RCO letter, but Mr. Knockinson, maybe he can clear that up for us.

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chair mr knockamson is coming back in as a panelist now mr knockamson please identify

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yourself to the record spell your name oh yes uh good morning mr chair members of the board

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alan knockamson of knockamson pc a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n

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123 South Broad Street, Suite 1600, Philadelphia

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PA, 19109. Do you swear or affirm to tell the

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truth, the whole truth, nothing but the truth? I do. Mr. Plaza has

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some questions for you.

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Yes, good morning. You agree to waive the reading of its refusal and stipulate to its accuracy?

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Good morning. You agree to waive the reading of its refusal and stipulate to

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attack?

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I do.

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

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Yes, we have.

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And have you met with the RCO and have a letter?

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Yes, we actually have a letter of support. The reason why the board hasn't received it, we literally just received it within a half an hour ago.

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please proceed oh yes may i share my screen yes all right uh so the first things first i just

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want to share the letter of support i apologize uh for the fuzziness of it um it was literally

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texted to me uh this morning um but i'll just read it so the board has the benefit of it um

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later you know after the hearing i will send it over uh to miss saletta as well so you you have

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a copy of it for your records. But it's a letter of support. It says the participating RCO for this

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matter has expressed their support for this application with the understanding that the

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variants will include a proviso integrating trash storage to the rear of the property.

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So that's the verbiage of the letter of support. I will go to my presentation materials now.

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Now, this project is at 1701 Seibert Street. We're proposing to have a two-unit condominium building at the corner of Seibert and 17th in the Kabat section of Philadelphia.

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With our presentation materials, you'll see the notice of refusal, variances that have been granted on the 1700 block of Seibert Street. Again, it's not uncommon for this part of Philadelphia to have duplexes approved, not just by this community, but the zoning board of adjustment, maps of the area, photographs of the property, plans and drawings, or deed to the property, and our application for appeal.

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So first things first, this is the notice of refusal that we received from L&I.

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We have three refusals for this two-unit condominium building, the first of which is to use this as an RSA-5 property.

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We are seeking to put a two-unit condominium building.

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Second refusal is the rear yard depth.

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Nine feet is required.

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We're proposing six feet, not out of character.

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again, you'll see that all the variances that were granted on the 1700 block of Cyber Street

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also had similar refusals. And then the third refusal is the open area. 20% is required while

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12.7 is proposed. Again, similar to the variances granted by the zoning board.

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uh so 1700 block of cyber streets over the course of a few years this this board has granted

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uh refusals excuse me variances for 1705 7 9 11 19 21 28 and 42 unlike these other properties we

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are actually a corner property so from a planning perspective it's not out of character to have

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multi-units on a corner property again we are proposing and agreeing with the community to

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have our trash stored in the rear where every single occupant of that this two-story or excuse

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me two-unit condominium building will have access to it for trash storage and removal

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so a map of the area again we're in the corner of Seibert and 17th street between Master and

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Thompson Street in the Kapai area of Philadelphia and then here's just a more extensive map from

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Google photographs of the property again we're just a baking lot corner property you know just

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seeing the property from the from the side of the property from 17th Street as you can see there

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are it's much new construction in this area this is developing part of Philadelphia where there are

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many, many multifamily structures.

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To the right of the property on Seibert,

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to the left of the property on Seibert,

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to the right of the property on North 17,

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to the left of the property on North 17.

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Our plans and drawings.

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Again, we're just a three-story structure.

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These are brick facades, bay windows,

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uh you know basic floor plan as you would see with any uh two-unit condominium uh especially

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corner property you walk up a flight of steps you get into a vestibule you walk in you have

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an open floor plan of a dining room and the kitchen with one bedroom in the rear and the

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bathroom uh in the lower level you have a family room with a powder room you go up a flight

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In the lower level, you have a family room with a powder room. You go up a flight of steps. This is a bi-level unit. Unit number two, open floor plan, kitchen, living room, powder room. Then the third floor are two bedrooms and two baths with a roof deck.

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again oops sorry just make this a little smaller to be able to maneuver a little better

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but again brick facade uh to kind of match the historic nature of this part of town

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from a modern with a modern twist here is our deed

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uh with you know showing that pcp holdings is the owner of the property

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So with that being said, I would ask that my client virtually raise his hand to adopt my testimony.

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Your client's name?

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Steve Cholesky.

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Mr. Cholesky, you can unmute yourself and wait for the chair.

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

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Yes, good morning. Full name is Steve Chlowski.

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s-t-e-v-e s-h-k-l-o-v-s-k-y. Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth? I do. Thank you, Mr. Mockinson. Steve, you heard everything I stated

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today. I did. And is it true and correct? It is. And do you adopt it as your own testimony?

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I do. All right. My understanding is that Mary Jones may be on the line too because she

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facilitated i'm gonna ask now i'm gonna ask now okay thank you um any questions from the board

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no no mr chairman thank you uh anyone else would like to testify in this case please raise your hand

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ms jones you can unmute yourself and wait for the chair

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good morning ms jones please identify yourself and i'll swear you in

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Good morning. Mary Jones from Council President Daryl Clark's office, City Hall, room 494.

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You were affirmed to tell the truth, the whole truth, nothing but the truth.

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I do. Thank you, Ms. Jones. Please proceed.

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Yes, just to confirm, I did facilitate this meeting along with the participating RCOs, and they were supportive of the project, and we don't have any opposition.

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The office does not. We just ask for a proviso about the trash being stored in the rear.

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Anyone else to testify in this case? Please raise your hand.

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Chair, we have someone with the phone number looks like ending in 684.

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Whoever has the phone number ending in 684, you can unmute yourself and wait for the chair.

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Good morning.

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

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This is Louise Bundy on Friends 47.

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Bundy, please spell your last name.

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B-U-N-D-Y.

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Do you swear or 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.

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Please proceed.

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i um has spoken to them and i think that they really have gone through enough of what they

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have we feel as though that they deserve um to get this place because they're trying to make a

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better place for the neighborhood and they're trying hard to do the correct thing okay i spoke

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to them a couple times and came went by it and looked and i think that it would help us to let

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them have it. Thank you very much. Thank you for your testimony. Anyone else? I'm the war leader.

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I'm the war leader for the war. I got you. Okay, thank you. This is Reverend Nash, CEO of Matt

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Polis Community Development, and I concur with Mary from Councilman Clark's office and

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Mr. Bundy from the 47th Ward.

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Robert, can you please spell your name?

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Lewis, L-E-W-I-S, Nash, N-A-S-H, Senior SR.

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I should have sworn you in, but I'll just say,

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do you swear and affirm that the testimony you gave is accurate and true?

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Yes, I do, Chair, everybody, and good morning.

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Thank you, Reverend.

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Thank you.

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Anyone else?

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There are no other hands at the sign, Chair.

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Thank you.

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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 in the residential single-family zoning for this property.

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This is a 771-square-foot lot.

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There is no unique condition of the lot that would prevent it from being used in conformance with the requirements of the zoning.

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there is no unique condition of the lot that would prevent it from being used in conformance

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with the requirements of the zoning code we are aware of at least 10 new single-family homes on

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this block all built within the last three years we recommend that the board deny the requested

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use and dimensional variances okay thank you mi 2021-002425 1701 cybert street my vote is yes

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with proviso trash to be stored in rear of property. Professor Plaza yes with proviso.

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Thomas Holliman yes with proviso. James Snell yes with proviso. Thank you. Case number three MI 2021-002313

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1801 South Ringgold Street. Zen Jin is the attorney of record. Point Breeze Community

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development corporation sent a letter of support chair mr jinn is coming back in as a panelist now

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you mr jinn please identify yourself and i'll swear you in

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good morning

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chairman you're muted thank you sorry about that good morning please identify yourself and i'll

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1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia P.A. 19103, here on behalf of the applicant.

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

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I do.

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Thank you. Mr. Klazer has some questions for you.

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Morning, Mr. J. You agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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

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

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hearing yes and have you met with the rco and have a letter yes we did and we do have a letter

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thank you thank you please proceed thank you uh good morning this is an application for a new

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construction at the location of 1801 south ringo street i am going to share with the board the

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information that we have submitted relating to this case, which includes the refusal,

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letter from the RCO, photos, plans, and related documentation. I want to point out that this

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refusal is based on the fact that this property is located at CMX2 district. It is a corner property

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and in CMX2, you're required to have a commercial use on the ground floor.

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However, this property is located in a corner of a smaller street, which from the abutting properties are for the most part single family in nature.

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And there is really no very active commercial uses on this corner.

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So we had proposed to eliminate the commercial unit and apply as a duplex.

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However, after meeting with the community, the community feedback is that they would rather see a single family house at the corner because that is what is surrounding the property.

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My client has agreed to do that, and we obtained support.

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So I would ask that if the board approved this matter to put a proviso that it would be a single family dwelling.

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We have revised our plans to show a single family house.

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However, the primary changes would be the porch and the single family, which does not trigger new or changed refusals.

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It would simply change the overall use from a duplex to a single family if approved.

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Again, we are still asking for the variance of not having a commercial on the first floor.

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At this point, the design is completely a single-family house with the master bedroom on the upper floor, living room, kitchen, and two bedrooms on the second floor.

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No bedrooms in the basement.

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However, there is a family room and utility and storage.

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I'm happy to answer any questions from the board or redirect to any part of the exhibits.

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So I'm clear.

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This is the variances.

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is? The variance is for not having a commercial ground court. And we originally applied for

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duplex, but we would be asking only for single family use. Single family. So limited to single

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family use. Okay. Thank you. Do you have a client to adopt? Yes. I believe Maria

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Freidel should be here if she can raise her hand.

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And or Gil may be here. I'm not sure. Miss Freidel, you can unmute yourself and wait for the chair.

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Marina, I'm sorry, Marina. Good morning, ma'am. Please spell your full name and I'll swear you in.

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Marina Foydel.

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Marina Freidel.

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you spell it

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Can you spell it? Your name?

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F-O-Y-D-E-L-M-A-R-I-N-A.

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Mr. Foydel or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you, Mr. Chairman.

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Thank you. Ms. Foydel, did you hear my testimony and see the presentation I made to the zoning board?

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Yes.

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Can you verify that it is true and correct and adopted as you own?

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yes correct thank you thank you questions from the board no mr chairman no

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would anyone else like to testify in this case if so please raise your hand

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chair we have someone with the lap with the name eroy brown

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mr brown you can unmute yourself and wait for the chair

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the brown please spell your full name and i'll swear you in

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Yes. Full name is Eroy, E-R-O-Y, last name Brown, B-R-O-W-N.

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Yes.

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Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Yes. I sat in on this meeting before, and I live on the 1800 block of Taylor Street.

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The property in question is directly in back to me.

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Well, not directly on Angle.

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I moved on Taylor Street in 1978, and it's always been commercial property there.

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In the meeting that we had with Mr. Jin and his client, it was stated that what stuck with me was that they was going to use it as a rental property.

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So now you're changing not only the dynamics of the neighborhood, which is going from two story to three, but you're having different people come in and out.

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But the issue at hand is whether or not you would oppose this to be developed as a single family without any commercial space on the first.

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I oppose it, sir, because it always had commercial property there.

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Okay. In response to Mr. Brown's position, I want to point out the property has not, it's actually a vacant lot. It was taken down some time ago. Had there been a viable commercial use, I'm sure the property would have stayed that way for the foreseeable past time. So I want to point that out to the board. Thank you.

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Thank you. Okay. Okay. Thank you. And anyone else to testify in this case, please raise your hand.

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in addition chairman if if i may we were we did receive a petition in support as well

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last night but if the board does not need it but if needed i can have that sent to

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mr letter i read that into the record that point breeze community development

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