civus
Hearing video

ZBA Hearing - August 5, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 5, 20203h 12m

are on the line or not.

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According to my

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file, Allegheny West

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is in support of

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this application.

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They didn't hold a meeting.

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That's your saying.

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I don't know.

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Maybe they did.

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Maybe they didn't.

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If there was a meeting,

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a meeting summary form.

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There's no meeting summary form sent out,

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and there's no notice of a letter, no legal notice of a letter, and that evidence is not there.

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We don't have it.

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Other RCOs don't have it.

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I even emailed Tiger United.

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They didn't send anything back.

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I emailed them Sunday.

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Also, we're concerned about the violations where even with the one rental unit licensed there now,

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Now, the owner, who we can't identify, is having problems with trash, construction trash and household waste.

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And they were noted by Illinois violations, which it took them two years to comply with.

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And we don't think increasing the density is not going to be a benefit to the community.

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All right, Tanya or Sharon, is there anything in the file that indicates there was a meeting with any of the RCOs?

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All right, I'm looking for that right now.

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I believe there was something.

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Your Honor, if I may briefly.

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Sure.

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I have a letter from, and I think the panel already addressed that.

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There was a meeting done at Allegheny West Civic Association, and that letter was submitted in the packet that granted the community approval and support.

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It should be the third, fourth exhibit, second exhibit, and the third page, Your Honor, or fourth page.

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What was the date of that meeting?

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The date of that, Your Honor, if I may, was, what's the date of the letter?

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November 6, 2019, held at the Paniti Recreation Center, Your Honor.

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Thank you.

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Yes, sir.

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Yes, sir.

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And it's Regina Rhea Smith, the chairperson of the Allegheny West Association, that signed it, or at least put her name at the bottom on the letterhead, Your Honor.

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Thank you.

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Thank you, sir, and members of the panel.

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All right.

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are there any other members any other interested parties in this case if so

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please raise your hand now

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questions from the board oh i'm sorry charles richardson

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questions from the board oh i'm sorry charles richardson has been unmuted

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then you can go ahead and speak sorry about that tanya

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mr richardson please unmute yourself

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can you hear me yes okay uh you can swear me if you want

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yes give us your full name and address charles richardson councilwoman bass's office 312 city

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hall okay you swear and affirm to tell the truth the whole truth and nothing but the truth

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i do uh the glenwood case we do have like have a confirmation from uh allegheny west that a

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meeting did take place uh and the councilwoman has no objection to granting the variance

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Thank you, Mr. Richardson. Appreciate it.

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All right. Any other hands up, Tanya?

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No, Chair. You can continue.

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Thank you. Any questions from the board?

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No.

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I can confirm that that letter is...

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The submitted exhibits do include that letter from the RCO.

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Thank you. Ron?

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Again, the property is indicated for single family resident...

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for residential use on the city plan given its proximity to public transit we support the

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granting of the increased density variance. Thank you. Calendar number 386191508 West Glenwood

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my vote is yes. My vote is yes. My vote is yes. My vote is yes. Mr. Lambert so you'll know in

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the future while we're still doing Zoom

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meetings. No need to wear a tie.

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Sir, I'm going to show

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you. I have shorts underneath, okay?

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All right. I have shorts on too,

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but we sent a memo out.

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Relax. Be comfortable.

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No sweating.

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No sweating. Listen, if

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I can sweat some more, I'll finally be skinny.

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So thank you so much.

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That's a different issue. Take care.

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Have a great day, folks, and thank you, sir.

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and thank everyone for the ladies and gentlemen

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have a great day

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thank you so much

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any other business before we

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conclude here

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not that I know of

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nope it looks like that's it chair

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see you in a short time

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3.30 right

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alright see you then

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see you later

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is everyone ready Tanya yes yeah we're all ready okay Sharon yeah I'm here okay

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good thank you good afternoon again everyone my name is Frank DiCicco I'm

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the chair of the zoning board we have a quorum following this session to order in

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attendance is our vice chair miss Carol Tenere our board member mr. Thomas

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Holloman and board member James Snow, along with our board secretary, Mr. Confessor Plaza.

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Also in attendance is our city solicitor, Ms. Sharon Saleta, and our board administrator,

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Ms. Tanya Sunken. As you're probably aware, today is our fourth week of holding virtual hearings.

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While we may have to make some adjustments along the way, our plan is to call each case

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and basically proceed as we would have in a live hearing. We ask that attorneys for applicants or

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other interested parties identify themselves for the record when the case you will be participating

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in is called. We will then hear the applicant's presentation followed by any presentation

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by attorneys representing other parties. Interested parties and members of the public

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not represented by counsel will then be given an opportunity to testify. We will finally hear

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the recommendation of the Planning Commission. At the hearing's conclusion, the board will either

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vote the matter immediately or hold it for discussion in executive session any case held

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for discussion will be voted on the record at the next scheduled 9 30 a.m morning meeting

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august the 12th august the 12th at 9 30 a.m that the vote will be taken for any cases that are held

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in for discussion. A couple of changes related to the virtual format. First, we will be administering

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oaths to individual participants prior to their testimony rather than to the room as a whole since

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we do not have a room. Second, for the benefit of anyone participating by phone, we ask that

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attorneys and witnesses identify themselves prior to speaking or testifying. Third,

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identify themselves prior to speaking or testifying third we'd like to advise

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everyone that this proceed proceeding is being recorded and that by

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participating you acknowledge your agreement to be recorded but also ask

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everyone who wishes to testify at the time of your case is called the police

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raise your hand so that you can be then you can be put into the system this

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Sunkit will now explain that procedure.

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So for anyone who has reached this hearing by telephone,

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if you wish to testify on behalf of a particular case,

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you would have to raise your hand,

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and on a telephone, you would press star nine.

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Once you're identified by the chair and allowed to speak,

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in order to unmute yourself, you will have to press star six. For all participants who wish

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to put in an appearance statement, we have a contact number, which is a Google voice line

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that you will call and leave a voice message identifying what address you're putting in

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appearance for. That number is 267-270-5548. Again, for all who wish to put in an appearance statement,

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you can dial 267-270-5548 and leave your name, information, and importantly, the address that

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you wish to put in appearance for, and we will retrieve that information. You'll be a party to

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the case. Thank you, Chair. Thank you, Tanya. The following cases will be continued. Calendar

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number 37253, 3401 Tampa Street. Calendar number 392, excuse me, start over again. Calendar number

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39328, 1302 North 18th Street will be continued. If anyone disagrees with those continuance,

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please identify yourself by raising your hand at this time uh chair at this time no hands are raised

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thank you uh carol we'll begin with the first case i'm i'm sorry i thought you were going to

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ask for other continuances i'm sorry i apologize no are there any other i'm sorry are there any

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other requests for continuances or withdrawals? Okay, so we have here Mr.

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Zin Jin. You can now promote your video. He has a request for continuance. Thank

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you. I am showing that I am... Zin, excuse me, just identify yourself with a record.

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you've already been sworn in earlier. Yes, Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard,

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Suite 1838, Philadelphia PA 19103. Prior to the start of this hearing, I was

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in contact with Council President Clark's office, and I was advised that a continuance will be

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thought by the councilman's office because they would like my client to enter into a benefits

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agreement with the community. I do want to point out though we were originally planning to move

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forward with this case today because the last time we had a meeting with the community was back in

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December last year and it's been a substantial amount of time for us to have been reached out

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to and worked out an agreement, but as a courtesy and also to work with the community, I'm willing

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to do another continuance if the board is willing to try to get the benefits agreement

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worked out.

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No objection to a continuance?

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No.

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Okay.

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No objection to the request based on the fact that we'll be working with the community.

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All right.

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so you'll speak with Tanya about getting another date all right yes any other

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requests for continuances or withdrawals any hands go up no hands went up I'm not

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sure if I mentioned I missed it but did we put on the record that that would be

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continue yes okay yeah and i and i advise mr jen to contact you regarding a date okay all right

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okay first case carol

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First case, Carol. You have to unmute yourself. Unmute yourself.

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Calendar number 38668801 East Willard Street. The attorney is Vern Anastasio.

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And Mr. Anastasio can explain the procedural status of this case. There apparently was a

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hearing in January. You held it asking for pictures showing three meters. It was held for 30 days but

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was never voted. So I don't know that this is just going to be a vote today. I'll let Mr. Anastasio

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explain it in more detail. He's not in appearance. Mr. Anastasio, can you put your name in it?

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Carol, hold it. Tanya, I didn't hear you. Yes, he's not in appearance. I don't see him here.

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all right so why don't we go to case number three maybe he's having technical difficulties

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we'll move him to the back okay calendar number three seven four seven three four forty five

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fairmount avenue rear the attorney is jared klein

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Okay, Mr. Klein, you've been promoted to a panelist. You can share your screen.

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Thank you, Mr. Klein.

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Klein, can you please put your name and address on the record and spell your name for the stenographer?

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Sure. Good afternoon, Mr. Chair, members of the board.

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Jared Klein, J-A-R-E-D, last name K-L-E-I-N, from Blank Rome, LLP, 130 North 18th Street.

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Okay, do you swear?

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I'm sorry, Carol. Yeah, you finished.

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No, he's already on the oath from this morning, so.

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Okay, so do you agree to waive and stip?

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Yes, I do.

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Thank you.

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you're on druids okay very good um good afternoon again everybody i'm gonna share my screen um

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hopefully it'll work better this time than from this morning session max okay

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are folks seeing my screen this time yes okay fantastic um so i am here on behalf of fairmount

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of Commercial Properties, who is the owner of 445-447 Fairmount Avenue. I'm joined on the Zoom

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call today by Steve Parkin, who's a representative of the ownership group. This application is a

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fairly simple one, and I'll try and be as brief as I can in consideration of the board's time.

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This property, 445-447 Fairmount, is a single structure that is located here on Fairmount

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Avenue at the corner of Orkney Street which is a small side street running past the property.

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The property's zoning history includes an appearance before the board back in 2002

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at which time the board had granted a variance allowing commercial use on the ground floor

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and I have the refusal here you can see the note the board allowed commercial on the ground floor

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a 445-447 with an approved breakthrough on the ground floor to connect the commercial units

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and allowed for four residential units to be above. Two of those units are in the 445 portion

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of the property, two are in the 447 portion of the property. We're here today with an application

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to convert the ground floor into two additional residential apartments, so a total of six

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between 445 and 447. The reason for that conversion is that although in 2002, a tenant

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was obtained following the grant of the variance, my client has undertaken some significant marketing

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efforts in the intervening time that have proven unfruitful in terms of renting the commercial

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space. And within the packet of materials that I gave to the board at exhibit six are two letters

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from the commercial real estate brokers who had been retained, one from CBRE,

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noting that they were engaged in 2015 and 2016, and that he was unable to secure a tenant,

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and that realtor noted the owner's prospects of attracting a viable commercial tenant were

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highly unlikely. There's also a letter from the Dominic Fuchsia team. He was also engaged as a

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commercial broker. And again, although the residential units were easily

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