civus
Hearing video

ZBA Hearing - May 22, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 22, 20244h 46m

All right.

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Thank you.

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I'm sorry.

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Okay, sure.

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Sure, sure.

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Number 13, MI 2024-001-650-3509 at Baring Street.

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Peter Telson is the attorney.

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There's a letter of non-opposition from the Poulton Village Civic Association with Provisos.

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They'll be rejoining as a panelist shortly.

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Sure.

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Good afternoon.

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Hi, Mr. Kelson.

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How are you, sir?

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Could you state your name and spell for the stenographer?

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Absolutely.

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Peter, P-E-T-E-R, Kelson, K-E-L-S-E-N.

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On behalf of the applicant, Chabad Serving Drexel Incorporated.

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Inc. Incorporated.

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

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I do.

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So, Mr. Kelson, we're going to hear this, but we think there may be an issue with some taxes.

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So I believe we'll hear it, and then we'll hold it.

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Is that right, Hillary?

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And Hillary and I have agreed to that.

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Taxes will be paid imminently.

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I would like to promote Mr. Grigorski, if I could, so he can run the...

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Sure, let our, you can do that.

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How about if our vice chair asks you a few questions?

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Absolutely, well, we're doing that.

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Terrific.

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Good afternoon, counsel.

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Do you agree to read another refusal or stipulate to its accuracy?

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I do, sir.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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I did, yes.

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Thank you, counsel.

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Please proceed and share your screen.

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Great.

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Thank you.

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And here we go.

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Members of the board, I'm going to take you to Exhibit 3 to start and describe the subject property.

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So the site is zoned RTA1.

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You can see the site is identified with that red marker.

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The property consists of a detached three-story structure.

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A number of institutional and religious uses are adjacent or in close proximity to the subject property.

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You can see on the screen church, which is catty-cornered to the property, as well as other institutional uses.

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Now, the Zoning Board of Adjustment on December 22nd, 21, granted approval to use this property for religious assembly use and a four dwelling units and several additions to the existing structure.

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It is under construction now.

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You can see in the posting photographs, actually, the construction activity.

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The property, by way of a little background, has a lot area of about 8,100 square feet.

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In the district RTA1 requirement, the minimum lot size is 2,250 square feet.

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So we're well above the minimum lot area.

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Lot width is 75 feet.

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Required under the district is 25 feet.

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Open area, 51 and a half feet, square feet, required, 50% rather, required is 50.

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So we're going to be a little bit above that.

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Side yards were about 10, almost 11 feet on one side, almost 16 feet on the other side, required is 8 feet.

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Now, the rear yard of the subject property, as you can see from this exhibit where the cursor is, is already nonconforming with existing structure.

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Now, the rear yard of the subject property, as you can see from this exhibit,

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It's now two feet from that property line. The code requires a 20-foot setback. We don't meet it now. We're nonconforming. We will never meet it.

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And as part of our plan, which I'll go into in a few more moments, we're squaring out that rear area with the additions that we've described.

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So it's not conforming now.

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We're not exacerbating that condition.

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And what we are basically seeking to do, members of the board, the uses continue as they were previously approved.

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We're seeking a minor modification of the prior approval.

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Last time, the board approved about 9,860 square feet of gross floor area total with the additions.

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We're now proposing 10,303 square feet of total gross area with the two additions we're talking about.

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Basically, 444 square feet members of the board additional.

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It is as minor as you can get.

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It is the minimus in terms of modification of the prior approval.

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The additions will be located, you'll see with the cursor in a second, at the cellar level.

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Here you go.

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And the first floor.

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And as I said, we're squaring off the back rear yard.

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We've received non-opposition from Palton.

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Part of their non-opposition required us to agree to certain conditions.

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And I'm pleased to say that we've agreed in writing to all of those conditions.

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The application meets all of the requirements for de minimis variance release on a dimensional basis.

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As I said, 444 square feet, less than 4% of the total, and is in keeping with the spirit, intent, and overall approval granted by the board about two years ago.

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If the board has any questions, I have the client here, Rabbi Chaim Goldstein, who will affirm my testimony in a second, as well as the architects.

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Happy to answer them, members of the group.

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Mr. Kelsey, do you have any pictures of the site besides that overhead shot you had?

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Okay.

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I'm sorry.

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Let's go back to the posting.

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Yeah, sure.

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Why don't we just look at the package?

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It's easier to see.

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Let's just go through the package.

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It'll make it a little bit easier.

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Okay.

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Let's go to the Exhibit 4, please, Marty.

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There you go.

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Now, this is, you can see the construction activities occurring based on the former approval. You can see there's a, oops, go back, please, a nice distance, as I described the side yards, from our adjacent neighbors. You can also see that very well from the overhead.

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Let's go to the next one, please.

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There you go.

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Front.

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And also you can see the adjacency to the other side of the property, the other neighbor, with almost a 12-foot side.

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Yep.

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This will be the front.

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Okay.

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There have been extensive meetings with the community over the course of a number of years, securing the first approval and in connection with the second application that's before you today.

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Good. Thank you. Why don't you bring the rabbi on in, Dr. Shostomo?

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Rabbi Goldstein, would you identify yourself and enter the room, as they say?

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jason i i i don't know if you see um rabbi goldstein in the uh virtual audience i believe

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i do he they've been allowed to speak hi hi hi rabbi could you please state your name and spell

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for the court stenographer i am goldstein c-h-a-i-m-g-o-l-d-s-t-e-i-n right do you swear

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or affirm to tell the truth the whole truth of nothing but the truth yes please proceed mr kelson

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Thank you, Rabbi Goldstein. You've been present throughout this hearing. Have you not? Yes. And you've heard the statements and information I provided to the board at this hearing. Yes. Is that information accurate and correct and true to the best of your knowledge? Yes. And would you adopt that testimony as your own if you were to get.

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And would you adopt that testimony as your own if you were to give it yourself?

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Yes.

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Thank you.

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And Rabbi Goldstein, while I have you on the screen, I understand that there are some real estate taxes that are open.

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Is it your intention to have those paid imminently?

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Yes.

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And Rabbi Goldstein, one last question.

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It is part of the exhibit package. Michael, bear with me for one second. As part of the exhibit package number seven, there's a letter of confirmation of 501c3 status for the entity Drexel of Chabad. Is that correct?

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Yes.

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Thank you. I have nothing further, Mr. Chair.

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questions questions from the board no chair no questions chair questions or comments from our

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attorney hillary emberson yes i just wanted to confirm um mr kelson because you you referenced

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um provisos that the rco um had recommended and you agreed to them so the provisos that

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that i saw that were enforceable by the zba were the proposed additions shall not exceed one story

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and then no roof deck above the proposed additions.

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I just want to verify that those were agreed upon.

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Hillary, that's correct.

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We've agreed to that.

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And the reason I didn't put our answers back in

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is because except for those two,

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they're not zoning relevant, if you will.

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Yes, yes, that's right.

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Thank you for confirming.

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Washington, comments from the virtual audience.

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Yes, Mr. Chair, I have a Deborah McCarty.

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Okay.

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I want them to speak.

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Hi, could you please state your name and spell for the court stenographer?

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Yes, good afternoon.

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My name is Debra McCarty, D-E-B-R-A-M-C-C-A-R-T-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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I do.

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Are you a neighbor?

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Yes, and I'm here representing the Peltan Village Civic Association.

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Very good.

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Very good.

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Please proceed.

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so um i i just wanted to point out that um while we did uh ultimately offer a letter of

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non-opposition this is contrary to what mr kelson said it is not already non-conforming

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it's a small portion that is non-conforming this is you know much more square footage than

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currently exist as nonconforming. And we did not take this issue lightly. A 20-foot setback is an

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important thing. This will be a two-foot setback. And so we don't believe it's de minimis. The vote,

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as you'll note, was very close. It was eight to six. Nonetheless, we do have a position of

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non-opposition and um we would hope that if this is approved that the provisions um that we stated

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in our letter are um made it's done so with the provisors of our letter thank you miss mccarty

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thank you for taking the time to call us we appreciate it is there anyone else in the virtual

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audience. I do not see any further hands, Mr. Chair. Planning Commission. Amy Boyd with the

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City Planning Commission. The comprehensive plan recommends no change to the existing RTA1

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residential to family attached zoning designation at this location. The appellant has not supported

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their hardship claim for a rear yard setback with evidence of unique physical circumstances

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or conditions of the property.

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The use as religious assembly is consistent with prior documented use

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in a previous building at this location.

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The Planning Commission, therefore, has no objection to the variance

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for religious assembly use, but recommends that the Board deny

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the variance for rear yard depth.

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Thank you.

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Proceed, Mr. Kelsey.

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Do you have something to say?

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Just very briefly, Mr. Chairman.

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Sure.

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I would note for the record, and the plan is up,

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There is an, as I mentioned before, there is an existing encroachment, as indicated on the plan, structure that creates a two-foot setback.

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That's the nonconformity.

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It is being squared off, but the way that it's measured, as the board knows, it's the closest point to the lot line.

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So that already exists.

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But I don't want to belabor that point, but I think it's important to be aware of that.

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I thank you very much.

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Thank you very much. We're going to hold this,

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Hillary, until we hear that the taxes have been taken care of.

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Am I correct?

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Other than that, it's closed, Tilly. We're done. We're closed with this.

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Other than that, it's closed, Hillary.

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We're closed with this.

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Yes, Mr. Chair. The matter is closed except for receipt of proof of tax compliance.

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Thank you very much. Thank you, Mr. Kelson.

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Thank you. I'll provide that very shortly to Hillary.

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Thank you very much.

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Thank you, members of the board.

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Thank you. Did I see Mr. Mattione on the screen again? Mr. Mattione?

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Yes, I'm here.

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Are we okay to go? There you go. All right. Let me get back to your case here.

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There I am. Sorry.

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So this is MI 2024 001 645 3515 to 21 Welsh Road. Michael Matione is the attorney. Mr. Matione,

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could you identify your client in relationship to the property?

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Sure. It's 3515 to 21 Welsh Holdings, LLC.

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And the principal is Manny Mathai, who is with me today.

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He's right next to me.

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And before we start, do we have a payment plan at 3515 to 21 Welsh with taxes?

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We have a payment plan for 3515 to 21 Welsh.

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We also are working on a payment plan for 3543 and 3545.

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