civus
Hearing video

ZBA Hearing - September 16, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 16, 20204h 6m

was trying to get back on but all right calendar number three nine oh excuse me chairman before

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you vote um i'd just like to request a proviso for revised plans i've already

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submitted the proviso form and revised plans via email on friday how many pages

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one and i reviewed those plans and the proviso plans form and the changes are minor and can be

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done by revised plans thank you now let's see mi-2020-000850-2004 cambridge street

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my vote is yes with proviso revised plan one page adopted today

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my vote is yes with proviso yes for proviso yes for proviso my vote is no

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you carol i'm going to step away for a couple minutes so handle the next case please

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okay calendar number three nine thank you all for your time oh you're welcome thank you

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calendar number three nine two six nine twenty two thirty six north hancock street the attorney

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is Rachel Pritzker. Good morning. Good morning. Can you please put your name and address on the

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record? Yes. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, Pritzker Law Group, 1635

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Market Street, Suite 1600, Philadelphia, PA 19103. Do you swear or affirm to tell the whole truth

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and nothing but the truth? Yes. And do you also agree to waive the reading of the refusal and

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stipulate to its accuracy? Yes. Okay. You may present your case. Thank you. Yep. Okay.

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so we are here for uh 2236 hancock street um we have melvin brown and lorraine troy here as well

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um they're the clients for this matter this project is an existing single family home and

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we're just here for the erection of a third floor addition and for a roof deck and pilot house

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to again, an existing single family. The only refusal that we generated was for minimum open

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area. Essentially, as you can see from the plans, we are looking to provide the addition just flush

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with the existing floors so that we can provide more of modern living space for this single

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family home. We met with, I think we're shy, my refusal, we're proposing 15%, which is 126

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square feet versus the code requires 210 square feet or 25%. Again, if we were to provide the

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required minimum open area, we would sort of have a very odd looking addition and are just looking

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to add a little bit of modern living space and to have it flush with the existing structure so

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that it's uh in uniform we met met with you met with the rco which i think is nara square yes we

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met with nara square civic association um we have the letter right here um they voted in support of

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the project um and i'm happy to take any questions again this is just for minimum open space

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You'd like to put your clients, bring your clients so I can swear them in and then they

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can adopt your testimony.

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Yes.

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Melvin Brown and Lorraine Troy.

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Tanya, if you see them, they should be on the line.

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They can unmute themselves and wait to be sworn in.

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Okay, Chair, they're available.

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thank you do you can you please put your name and address on the record

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lorraine troy l-o-r-r-a-i-n-e t-r-o-y 601

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L-O-R-R-A-I-N-E-T-R-O-Y 6018 Nassau Road Philadelphia PA 19151. Thank you. Do you swear

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or affirm to tell the truth and nothing but the truth? Yes. Next person.

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Mr. Brown are you there?

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Mr. Brown, you can speak. You're unmuted.

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I'm not sure what's wrong with his audio. You can proceed.

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Yeah, we can just have Lorraine. Have you heard my testimony this morning before the board?

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Yes.

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Do you stipulate to its accuracy and adopt it as your own?

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Yes.

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Thank you.

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Happy to take any questions.

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Does the board have any questions?

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No.

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Is the board ready to vote?

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But first, we're asking planning commission.

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This property is indicated for residential use on the comprehensive plan.

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We have no objection to the granting of the variance for the small reduction in open space.

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Thank you.

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Calendar number 39269-2236 North Hancock Street.

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My vote is yes.

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My vote is yes.

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Confessor Jim.

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Confessor.

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We need a third vote.

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Jim Snell.

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jim is um going i believe that's right confessor we need actually i didn't ask questions but i was

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three feet away from listening to it so my vote is yes i actually heard the the testimony okay

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thank you that confirms three votes and i know that because rachel didn't bring her baby out

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today so no that's meredith no that's meredith i'm sorry i asked her to be fair i asked her if

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i could borrow the baby for the case i got next week i apologize that's right it was meredith i

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apologize. I was expecting her to come out, too, with the baby, and I thought, no, she's the wrong

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one. Not yet, guys. Not yet. Okay. The baby yet. Okay. I think that concludes the 930 hearings.

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Thank you. I don't remember earlier with Joe Consul, right? To Sprague Street.

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Is that on our list? It was. Remember, that's the one we spoke about earlier. Am I correct,

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tanya i'm sorry can we pause for one second i'm discussing matters with legal counsel

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sure sure thank you

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Thank you.

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Thank you, Chair. If I could mention a case that was scheduled for this morning to be

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voted 1019 Arch Street, and I just wanted to put on record that the case is still being

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discussed by the board and the vote will be next Wednesday. Thank you, Chair.

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okay as for this uh sprague street we're going to hear that correct and i think we

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said we would hear and hold yes sir okay uh mr console mi-2020-000767

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uh i don't have the address i misplaced the address what i did sprague street

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5625 was it get it is 5625 sprague street right 5625 sprague street

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okay mr council i think i swore you in earlier can you put

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okay mr council i think i swore you in earlier can you put your name and address on the record

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please yes name joseph consul address 1 west 3rd street suite 204 media pennsylvania 19063

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thank you do you agree to waive the reading of the refusal and stipulate to its accuracy

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I do. Yes. Thank you.

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Thank you.

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I'm here this morning on 5625 Sprague Street.

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This is in the East Germantown-Belfield neighborhood.

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The property is owned by Kazansky LLC.

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There is one of the owners of Kazansky, Ari Garapov, is also on this call if his input is necessary.

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This property is zoned CMX2.

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Here is a view of the block that the property's on.

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We are on the far left here with the alley next to it and a large open vacant lot.

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We are seeking to have this property zoned for multifamily use without commercial space on the first floor.

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Every other property on this block is a multifamily without commercial space on the first floor.

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We, as discussed earlier, and I'll reiterate for the record, we made attempts to meet with the 12th Ward Democratic Committee.

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We were told at the time that they were unable to accommodate us.

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However, Mr. Richardson had chimed in earlier today to request that we do what we can to schedule a meeting and continue.

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That being said, the request that we have on is for four units.

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We understand without the input of the RCO, that is likely a tall ask.

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And we had actually prepared for the RCO a set of plans with three units.

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So we've got the three-unit plan on the right, the first floor plan versus the optional plan.

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plan. This is how many units we'd be allowed by right in the CMX2 zoning with the square footage

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that we have. So it's three two-bedroom units. These plans were not submitted and stamped. We

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were just trying to get the approval for the number of units today. And we understand also

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so that this may come with some provisos, and we're prepared to accept those.

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We also understand that the board is going to hold its decision,

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and hopefully I'll be able to connect with Mr. Richardson and get an RCO meeting here.

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With that being said, we've got a first floor plan, a cellar plan with two egress walls

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and an egress space in the back, which is common on this block,

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the back egress for the cell, or not the egress walls.

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We have those because of our location on the end here with the alley on the side.

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So that's really the bulk of it.

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If anyone has any questions or if anyone wants to speak to the owner,

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we can pull him up as well get your uh client uh on the record okay all right can you raise your

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hand well though it's subject we understand there's maybe some changes but let's get him

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on the record for now okay i'm not sure who is it's our it should be re g-a-r-i-p-o-v

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i have a text from him saying he's on the line hi hi uh do you hear me yes sir please identify

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yourself for the record spell your first and last name and give us your address

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hi uh my name is ari garipov a-r-i uh garipov g-a-r-i-p-o-v my address is 2641 woodland

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Road, Abington, PA,

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19001.

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Are you ready for him to tell the truth, the whole truth,

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and nothing but the truth? I do.

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Mr. Consul, please

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proceed. Mr. Garapov,

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first of all, do you adopt everything that

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I've said so far as true and accurate

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as to be your

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own statements? Yes.

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Is there anything you wish to add

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before we see if the board has any

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inquiries for you? No.

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No. Okay.

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Okay.

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Mr. Richardson,

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Mr. Richardson, you're still available?

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not at all.

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No, he's not here, Chair.

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All right, but his earlier testimony, he did agree, I believe, that he and Mr. Council would have a conversation,

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meet with the RCO and speak to the councilwoman about whatever it is that the RCO ultimately

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decides on. So should we hold this or give a continuance date? We don't know because we don't

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know when the RCO meeting will take place. Can we schedule it for a either input from the RCO or a

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status update on October, is it October 6th, that we'll be doing follow-up hearings?

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Okay.

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Yes, that's correct, at 930.

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I would like that.

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That's good.

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We'll hold the decision on MI-2020-000767, 5625 Sprague Street.

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the decision will be made on october the 6th at 9 30 a.m um pending pending a meeting prior to that

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with the rco and the district councilwoman all right great we'll meet with them and we'll submit

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whatever we get from them thank you tanya sharon did i leave anything out um no but um joe you

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should be prepared to come back and report on the results of the meeting also if any rco representative

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would like to speak at that time they will be permitted to will that be a 9 30 check-in yes

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it will yes all right i'll put that on my calendar right now thank you thank you all

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uh planning on my calendar too joe sorry about the confusion this morning it's okay but planning

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commission uh planning commission you you want to weigh in i mean we don't know what the ultimate

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results are going to be i would like to and i just lost where my recommendation was uh this property

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is indicated for commercial use on the comprehensive plan. We have no objection to the commercial

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not being included, but we do feel that four residential units is excessive and represents

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an overuse and forces bedrooms almost completely below grade with limited light and air access.

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According to the rest, that the number of units not be granted.

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Thank you. Okay. Interesting. All right. Thank you, Joe. Thank you.

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I believe this concludes the 930 session.

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is that correct that's correct any outstanding issues uh before we uh we end this session

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nothing for me chair i know i will be sending out a revised summary list for this afternoon's

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hearings um before two o'clock very good all right everyone stay safe see you at two o'clock

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thank you bye-bye thank you and we'll give Tanya three or four minutes no we're fine it's only in

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the morning chair oh okay all right very good thank you good afternoon everyone my name is

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Frank DiCicco I am the chairman of the zoning board of adjustment I'll be participating in

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today's hearing along with our vice chair Ms. Carol Tenere board secretary confessor plaza

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and board members Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator Tanya Sunkett and Board Attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in our virtual hearings,

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I'll go through some of the basics of what you can expect.

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First, we'll begin this afternoon's session by reading a list of cases to be continued.

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If you believe any case announced is being continued in error,

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we will give you an opportunity to respond. After reading the continuance list and receiving

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any feedback, we will then take any additional continuance and or withdrawal requests. Then once

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we've confirmed which hearings are being continued, Vice Chair Tenere will begin calling the remaining

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cases listed for this session. When a case is called, we ask that attorneys representing

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applicants or other interested parties in the matter identify themselves for the record.

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We will then hear the appellant's presentation, followed by any presentation by attorneys

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representing other parties. Interested parties and members of the public not represented by

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counsel will then be given an opportunity to testify. We will finally hear the recommendation

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of the Planning Commission. At the hearing's conclusion, we will either vote the matter

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immediately or hold it for discussion in an executive session. Any case held for discussion

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Any case held for discussion will be voted at the next scheduled Wednesday morning session.

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will be voted at the next scheduled

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Please note the following changes related to the virtual format.

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

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

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identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded.

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Fourth, anyone participating by phone, if you wish to testify, you must raise your hand

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by hitting star 9 and then star 6 to unmute yourself. I'll repeat, for anyone participating

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by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to

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unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548 and leave

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