civus
Hearing video

ZBA Hearing - January 6, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 6, 20215h 31m

we have also agreed separately it's not really a zoning matter something that we can show on the

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plans but we have agreed that the roof deck itself will not be unreasonably above the uh the roof and

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as close to uh on roof level as possible um you hear me now yes i can mr chairman okay thank you

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yes i can mr okay thank you how many pages the revised two pages revised plans they were

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how many pages the revised two pages revised plan

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submitted already to uh all right thank you um do you need to bring your client on uh i don't

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believe i need my client i would simply say that yeah mr rubin and i'm sorry i spoke over you

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that's okay we'll stipulate your client would agree that uh adopt your testimony so we have

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mr freeman and uh mr rubin two of the heavy hitters in northern liberties

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who's the most who's the most prominent one

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i'd say i'd say larry because he lives across the street

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well mr rubin lives across the street i meant to say mr rubin yeah

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i meant to say mr rubin yeah

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mr yes

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Yes.

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Larry, okay.

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Please identify yourself with a record, please, by your name.

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Yes, I'm Larry Friedman,

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chair of the Northern Liberty's Neighbors Association zoning committee.

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Friedman is F-R-E-E-D-M-A-N, correct?

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Correct.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed, sir.

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do you do you do you agree with the testimony of mr whalen yes yes yes all the issues yes

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and uh basically i'm just here i was actually on the the last uh at the last hearing um

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as more or less more or less an observer because we of course did send out a support letter

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until the very end and then it was kind of a little bit late for me to chime in so i thought

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I would just be here today to say that we saw this back, I believe it was August.

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We had a very extensive meeting. It took a long, long time. The zoning committee supported the

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project. After that, there were some additional negotiations and the zoning committee

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uh supported the additional negotiations and that's the plan that we supported okay well thank

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you uh any questions from the board no no no anyone else if you would just i i would i would

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like uh mr rubin to be able to yeah this was getting anyone else would like to testify please

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raise your hand matt rupin is available to be sworn in good evening mr rubin

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Good evening, Mr. Chairman and members.

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Hi. Matt, please identify yourself with a record name and address.

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Matt Rubin, M-A-T-T-R-U-B-E-N, 1000 North Oriana Street, Philadelphia, 19123.

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

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I do.

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Thank you. Please proceed.

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As per what Mr. Whalen said, I met with him and the architect and the owner or owner's representative

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after the last hearing, discussed what he said, and they came up with a revised plan that they

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have submitted, which addresses the roof condition to my satisfaction and to the

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satisfaction of what I understood to be the agreement that was had, you know, that was in

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place. Learn more about the project that was good and appreciate Mr. Whelan also mentioning at the

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hearing the effort to mount the roof deck as low as possible on top of the roof. And so what he

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said is accurately representing the situation from my point of view thank you appreciate your

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testimony thank you anyone else like to testify in this case please raise your hand

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oh the hands at this time mr chair thank you planning commission

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good evening david fecto city planning commission mr chairman members of the board

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this property is indicated for single family residential use in the city's comprehensive plan

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On October 27th, we gave testimony recommending against this proposal.

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We thought that it could simply be redesigned to be by right, and we still think that it could be redesigned so it could be built by right.

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So we're going to not support the proposal again.

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I appreciate your testimony. Thank you.

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MI 2020-003296, 332 West Wildey Street.

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My vote is yes.

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With revised plan, two pages of revised plan approved today.

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yes with proviso yes with proviso yes with proviso thank you mi2020-000811490 conaro street c-o-n-a-r-r-o-e

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mr chair

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Mr. Chair, I have just promoted Mr. Joseph Consul to panelist.

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Good evening, Mr. Consul. Please identify yourself with the records by your last name for the

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sonographer. Good evening, Frank. Good evening, board. Thanks for having me. Joe Consul. Consul

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Madison, 1 West 3rd Street, Suite 204, Media, Pennsylvania, 19063. And do you swear and affirm

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to tell the truth, the whole truth, and nothing but the truth? I do. Do you agree to waive and

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stipulate? I do. And have you emailed an exhibit packet with the required documents, including

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

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photos and or plans of the property within five days of this hearing yes sir i have and have you

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met with the rco we did thank you sir please proceed hi everyone uh this will be short and

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sweet i'm here on 2020 00811 the property is 490 conroe street uh the property uh is a two-unit

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building in Roxborough. We have the owner, representative of the owner, Ms. Jennifer

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Cessna. The owner is MNNC Properties 2, LLC. This property up until the 1970s was part of 6100 Ridge

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Avenue. We'll have a picture of it here. It's not the property on the corner. That's 6100 Ridge

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where the building next to it, but they were one property. It got subdivided at some point. The

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the commercial space in the front was sold off.

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The spot in the back is two units

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and it has been since that time.

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It was purchased by my clients in 2020.

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They realized they did not have two unit zoning.

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They filed for the variance because it's CMX 2.5,

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which would allow for two units,

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but also would require commercial use

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along the first floor frontage.

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So we got a refusal.

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The first floor of the building,

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and i'll i'll pull up just a mock-up of their their blueprint here the first floor of the

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building has one bedroom uh and this is one unit and the second and third floors are a total of

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two bedrooms and that's the the second unit we met with the rocksborough central roxborough

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civic association in september uh several members of the general public attested to the fact that

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The property has been used as a two-unit and rented out consistently for over 30 years.

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There was no opposition to the legalization of the duplex, and the letter sent by the RCO reflects the same.

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We had over 50 people at that meeting, and no one opposed.

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And that's really the bulk of my presentation.

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I could call Ms. Jennifer Cessna to just verify what I've said is accurate.

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Good evening, ma'am. Please identify yourself with the record. Spell your full name for

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the court reporter. There she is. Again. We didn't hear you, Jen. Okay. Yeah, I just got

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unmuted. Jennifer Cessna, J-E-N-I-F-E-R-C-E-S-S-N-A. Hi, Jennifer. We're in a firm to tell the truth,

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the whole truth, nothing but the truth. I do. Ms. Cessna, have you heard my testimony today?

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I did, yes, and it's completely accurate. You adopted as true and accurate to your knowledge?

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I do. Is there anything you'd like to add? Nope, just that we're looking to downsize,

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not not upsize so hopefully it's an easy one all right thank you uh questions from the board

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no no no okay anyone else would like to testify in this case

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please raise your hand including members of the rco and or the district council office

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no additional hands at this time mr chair thank you planning commission good evening david fecto

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city planning commission mr chairman and members of the board this property is indicated for

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commercial mixed use on the city's comprehensive plan since this is a pre-existing use and the

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neighbors have no objection we do not object to granting this variance thank you very much mi

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2020-000811490 Conroy Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes.

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Thank you. That concludes the two o'clock hearing list.

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Does anyone need a

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does anyone need a break

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I'm okay how about we take just five minutes I need a break all right five minutes is fine

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thank you everyone I'm sorry Tanya are you ready yes chair thank you good evening everyone my name

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is Frank DiCicco. I'm the Chair of the Zoning Board of Adjustment. I'll be participating

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in today's hearing along with our Vice Chair. No, Ms. Carol Tenere is not here. I'll be

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participating in today's hearing with our Board Secretary, Confessor Plaza, and Board

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Members Mr. Thomas Holloman and Mr. James Snell. Board Administrators Ms. Tanya Sunkit

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and Mr. Jason Hand along with our Board Attorney Ms. Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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to enter an appearance statement call google 267-270-5548 and leave your email address

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and the address of the property at issue i'll repeat to enter an appearance statement call

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google 267-270-5548 and leave your email address and the address of the property at issue

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i'd also like to remind everyone please do not attempt to testify in the chat

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any comments should be directed to the board administrator Ms. Tanya Sunkit or Mr. Jason Hand

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with that uh we will begin our first case excuse me before I do the first case I would like to

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read into the record the following cases that have requested continuances

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number three on our list MI 2020-001-957-2212 Bryn Mawr Avenue

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number four on our list MI 2020-001-836-3461 Cotman Avenue

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number six on our list mi 2020-001 382 4426 north 19th street number seven on our list

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MI 2020-001-850-610-Fernon Street.

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And for some reason, Sharon and or Tanya, I don't have, oh, here it is.

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I have it.

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What number eight on our list would be MI 2020-001862.

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I don't have the address for that.

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Sharon and or Tanya? Yes, it is 6717 Chew Avenue. That case is continued. Thank you.

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Chair, if I could. Any of those cases that have been requested to be continued,

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have any of them already been continued? Number seven, if we can ask that to be must be heard.

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yeah i forgot to ask that in the beginning i apologize okay so mi 2020 that's zero zero one

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eight five zero six one zero fernon street is continued must be heard

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any other ones uh tanya did i miss nope i think that might be it okay um

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can you continue we want to make sure we got that three this is two and three o'clock okay

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3 30 all right um first case mi 2020-001957 2212 Bryn Mawr Avenue

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Chair I think the first two cases are I passed over that again I apologize my mistake

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let's start again so Mr. Anastasia just hang in there we'll be right with you

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I went past the first two MI 2020-001

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I went past the first two. MI 2020-001524, 109 West Rockland Street.

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Sorry about that. MI 2020-001523, 111 West Rockland Street.

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anyone here for 109 and 111 west rockland street

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i am mr chair obviously okay um mr anastasio please be you're still on the oath from this

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morning yes sir all right did you uh wave agree to wave and stip i agree to wave and stip

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And have you emailed an exhibit packet with the required documentation, including proof of ownership, proof of tax compliance, a copy of the refusal or referral and photos and or plans of the property five days in advance of this hearing?

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I did all of that, yes.

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And have you also met with the RCO?

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I have.

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Thank you, sir. Please proceed.

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Thank you, sir.

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I'm going to share my screen with you right now.

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Can everyone see that?

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Yes.

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All right.

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Awesome.

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It's 109.

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Actually, it's 109-111 Rockland Street.

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It's for the vehicle equipment and supply sales and rentals for business and professional offices in an existing structure.

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That's 109, and this is 111.

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for personal vehicle repairs and maintenance this has been a pre-existing condition for quite some

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time clients thought that this had been legal legalized it's been it's been actually in use

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for over 30 years and for some reason they recently received notification that it was no

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longer in compliance. Let's look at 109 Rockland first. We have plans here for a storage area,

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an office space, and a reception area. The refusal for 109 Rockland is storage.

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So that's what we're here to do here is legalize the storage space.

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Again, there's no painting here.

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This is just a basic vehicle repair.

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No ventilation, no painting at all.

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And then we have in 111, three bays for cars and a ramp that goes into the property for repair.

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There. This is what the property looks like. Let's take a look here. It goes from, here's

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Rockland. If you can see my cursor goes right through and here's their parking lot in the

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rear. So it's quite a large property. ZNA Auto Sales is already over here. I represent ZNA Auto.

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so they've been in the neighborhood for quite some time they're they're pretty well known

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well regarded this is the existing conditions i'm going to go through this relatively quickly

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the rest of the block is primarily

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commercial for the most part as you can see mostly stores garages warehouses

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lots. Here's interior photos. Here's another business. We have a lease. We have the flyer

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that went out to the community. We have proof of mailing. There were 64 neighboring homes.

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we have tax compliance we did meet with the RCO I do not have a letter from the RCO

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but they have in fact told me that they emailed one a letter of of non-opposition to

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the zoning board of adjustment directly and when I spoke to the

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to the RCO. They told me that they were out of town and they were not able to

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to get that to us. I don't know if you could see

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this email. I just tried to share an email with you. Do you see it here?

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Yes. It's from Quincy Lazada. Good morning. I submitted a response of not

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It's from Quincy Lozada. Good morning. I submitted a response of non-opposition to the office of Councilwoman Maria Kenyona Sanchez. I'm not in the office this week, but we'll send you a copy when I return.

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Unfortunately, that was on the 5th of January. Today is the 6th. So they're not back in the office yet, but they have no opposition.

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you. With that, I'm going to rest my case. I believe Mr. Atila should be online, who is my

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client. If he's here, I ask that he raise his hand. Could I interrupt for one minute? This is

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