civus
Hearing video

ZBA Hearing - April 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20217h 7m

City Planning Commission recommends the board grant advance. UMI 2021-2167 East Cumberland Street

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my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

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number four calendar number 0728 2234 frankfurt avenue

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there were two letters of support one from east kensington neighbors

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and another letter of support from fishtown kensington area business improvement district

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right so we know that going into this

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name and address for the record please and spell your last name uh yes good afternoon

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members of the board my name is alan knockamson of knockamson pc 123 south broad street suite 1600

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philadelphia pa 19109 have you been sworn in from this morning i was not here yeah yes oh no not

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this morning but i actually was at the beginning of the listing i was this morning this morning

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Okay.

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Do you agree to weigh the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and plans, five days in advance of this hearing?

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

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Yes, in all respects.

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Okay.

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Thank you.

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You may proceed.

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I know you may share your screen.

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I always try to be polite.

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I know.

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It's a drill.

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I know it is.

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So I'm going to keep it short just because I know that you guys have, like, done overtime on many occasions.

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I don't know who stated it, but we do have two letters to support, one from ECNA and another from the bid on Frankfurt Avenue as well.

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I'm just going to give a general overview so you can see what we do have.

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This is the front of our proposed building structure.

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It's a single-family structure on the 2,000-square-foot lot.

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This is a CMX 2 property that's owned by Gator 1 Properties, Inc., and that's the deed to the property.

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The legal description to subdivide it into a 1,000-square-foot lot on 2234, which is currently approved as commercial on the first floor and two residences above.

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What we are looking to do is subdivide the lot and put and here is the tax clearance

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certificate.

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What we are looking to do is subdivide a lot and put a single family structure facing

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on Blair Street which is not uncommon.

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Really this should be known as 2233 Blair Street because that would be the address assuming

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the board approves this zoning variance request.

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There is a single family home at 2235 Blair and 2237 Blair.

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where we're actually mimicking the single-family home on 2235, which is new construction.

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But here's our notice of refusal.

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Again, CMX2 property, 2,000 square feet.

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We're being refused first because this is CMX2 property.

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And because we're trying to put a single-family home on Blair Street,

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we're getting a refusal because the frontage, the first 30 feet on the first floor, has to be commercial.

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We're asking for a variance in terms of the zoning code.

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And then the other is the de minimis, dimensional variance.

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The occupied area here for the lot on what's considered Blair Street for the single family structure. Occupied area is 81.9%. Excuse me, it's 81.9% worth proposing. What's allowed is 75% de minimis under the circumstances.

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here's our application for appeal

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here we are in the neighborhood again just off of

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Frankfort Avenue but as you can see and you'll see from the

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pictures many in the lots on this strip on Frankfort Avenue

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are subdivided between Blair Street and Frankfort allowing you for eyes on the

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street on a residential street of Blair

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Street here's our pictures front of the property from Frankfort

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from the rear of the property from Blair to the right of the property on Frankfort to the left

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on the property on Frankfort to the right on the property on Blair as you can see here's 2235 here's

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2237 we're going to mimic 2235 in terms of new construction height and all to the left of the

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property on Blair and then here are architectural plans and drawings just simply to go through

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and then here are architectural plans and drawings just simply to go through

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to go through it here's our site plan showing how we're subdividing the lot

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to go through.

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and then here are our floor plans

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again you go through the front first floor open concept go up a flight of steps there is

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this is a little more unique where they're going to have the master bedroom on the second floor

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in the whole suite, and on the third floor, they'll have two bedrooms and their roof deck.

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And here's just a rendering of what our property would look like if built.

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Here's the property next door to us, and here's another property to the left of that.

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And then, as indicated, we have two letters of support, one from ECNA, East Kensington

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Neighbors Association, and it's actually a letter of support, as well as the Fishtown

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district and then behind that is our um notice that went out to the community when we had the

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community notice uh with me i have uh josh uh wiener um of gator property so if he can if josh

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you can virtually raise your hand to adopt my testimony the wiener has been allowed to speak

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good afternoon mr wiener please identify yourself spell your first and last name

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joshua weiner j-o-s-h-u-a w-e-i-n-e-r do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do thank you oh yeah shosh you heard everything i stated today

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yes and is it true and correct yes it is and do you adopt it as your own testimony i do

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thank you questions from the board no no no no anyone else would like to testify in this case

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if so please raise your hand there are no other hands at this time mr chair thank you planning

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commission good afternoon chairman members of the board Ian Litwin planning commission staff

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Frankfort Avenue was zoned in CMX2 to encourage commercial uses on the ground floor.

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However, lots that solely face Blair Street are zoned to RSA 5.

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If these lots were subdivided prior to a zoning or mapping effort, the Planning Commission would recommend RSA 5 zoning for the lot facing Blair Street.

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In addition, the open space relief is to minimus.

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The City Planning Commission recommends the Board grant the variances.

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Thank you.

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mi 2021 that's 0007282234 frankfurt avenue my vote is yes my vote is yes my vote is yes

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my vote is yes my vote is yes thank you dockington you're up again okay number eight

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calendar number zero six six six no no no number five that was continued that was the one we were

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going to hear and uh i think had a resumption in june correct i must have been sleeping

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calendar number 3159 2535 west lehigh avenue mr knockamson uh can you put your name and address

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on the record yes alan knockamson 123 south broad street suite 1600 philadelphia pa 19109

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sorry about that that's okay do you agree to wave the reading of the refusal and stipulate to its

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accuracy i do have you emailed the exhibit packet with the required documents consisting of proof

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of ownership tax compliance copy of the refusal or referral photos um and or plans of the property

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five days in advance of this hearing and have you met with the rco and do you have a letter

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Yes, in all respects, other than we do not meet with the community, and we do not have a letter.

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Okay, you may proceed.

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Okay, I'm going to share my screen.

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Yes, please.

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All right, thank you.

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Yes, I mean, just as, you know, just to start off, I mean, we really do make all efforts to meet with the community.

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Obviously, that's part of the process.

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We do embrace that.

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I don't know if Bonita Cummings is here, and no disrespect to her organization, they work

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really hard.

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As all of us, during the pandemic, it's definitely challenging.

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We did try to meet with the community in February.

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The notices went out later than we would hope, but we didn't have the Zoom information.

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They asked us for a continuance of the hearing.

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We've been trying to schedule a community meeting since then through the date of the

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hearing, and unfortunately we've been unsuccessful in that respect. So I just wanted to say that

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we do embrace that process. But we're here for 2535 West Lehigh. This is a CMX1 property.

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High. This is a CMX1 property and this is on the commercial corridor and what you'll see in front

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of you is the deed to the property. Certificate of tax clearance showing that we're in good standing

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with the City of Philadelphia. Notice of refusal, we'll go over the refusal which is just a use

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refusal. Similar situated properties on the 2500 block of Wesley High. It's not uncommon to have

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commercial on the first floor and multiple units on the upper floors. The application for appeal

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with the ZBA. Maps of the area, we're between 25th and 26th on West Lehigh, again in commercial

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corridor, where you would typically have commercial use on the first floor, which we do, a barbershop,

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and residences above. The more density obviously created, the better it is for the commercial

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corridor. We'll show you photographs of the property as well as, you know, until left and

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right of it. Show you floor plans. A particular note, no basement living, no roof deck. We're

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not changing dimensions of the property, so we're not trying to overuse the property.

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And then item nine, correspondence from Strawberry Mansion,

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will say that we have made good faith intentions to meet with the community.

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So showing the deed to the property that all AS Investments LLC owns it.

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All AS Investments is owned by Alfred Fields, who should be in attendance and will adopt my testimony.

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after that a certificate of tax clearance showing that they're in good standing with

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the city of Philadelphia from a tax perspective then you'll see the notice of refusal again this

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is a CMX 1 property and we are abutting in the rear you know RSA 5 but we're only looking for

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you know two you know two uh residences above and commercial on the first floor again it's

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out character. You'll see you know all these properties on West Lehigh and our block where

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you'll see there are multiple residences above commercial units. Our application for appeal

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that we filed with the ZBA. Map of the area showing between 25th and 26th and we're between

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Sterner and Oakdale. And you'll see that from a Google map perspective as well. Photographs of the

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property, again there are two separate entrances, one for the commercial component which is a

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barbershop and one for the residences where you go up a flight of steps and there'll be a residence

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on the second floor and the residence on the third floor. And again we're not trying to overuse the

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property, we're not trying to expand it out to try to increase this use, we're trying to have a

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residence on floor two as well as floor three. I'm sorry pictures to the left to the right of the

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property on West Lehigh pictures to the I guess left of West Lehigh are floor plans. Let me just

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reduce them so you can see it but you'll see that there are two entrances one for the commercial

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component which is a legal barbershop then the residences you go up a flight of steps you hit

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the landing, you have the first unit on the second floor, and then you go up another flight

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of steps, completely separate unit on the third floor.

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And then we have made a good faith effort, so you'll see from the, and let me just increase

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the size so you can see.

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We did try to meet with the community through Strawberry Mansion Community Concern.

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The date that we sent out the notice was February 3rd, but we didn't really receive the Zoom information until pretty close to then, and we were supposed to have a committee meeting February 8th.

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We have made diligent efforts to meet with the community since then, unsuccessfully.

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So with that, I will have Mr. Fields virtually raise his hand so he can adopt my testimony.

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field good evening please identify yourself with the records by your first and last name

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hello yes it's alfred fields a-l-f-r-e-d last name fields f-i-e-l-d-s thank you you swear or

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affirm to tell the truth the whole truth nothing but the truth i do hawkinson yes uh mr fields

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you heard everything i stated today yes correct i did and is it true and correct yes it is and

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you adopt as your own testimony? I'm sorry I couldn't even say it again. Oh do you adopt as

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your own testimony? Oh yes yes I do. Okay thank you. Questions from the board? No. No. No.

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Anyone else like to testify in this case please raise your hand.

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No further hands at this time Mr. Chair. Thank you. Planning Commission. Good afternoon Chairman

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members of the board, Ian Litwin, planning commission staff. The comprehensive plan

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the comprehensive plan recommends this parcel be zoned rm1 which would allow for multiple units

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recommended this parcel be zoned RM1, which would allow for multiple units.

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therefore the city planning commission recommends the board grant the variance

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thank you and i believe mr knockamson earlier we agreed that we were going to do a resumption

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uh you said that you would state whether or not if you heard from anyone else if there's

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a resumption again i i respect the process so all right just in in i i would leave it up to

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the board i i don't want to have a situation we appear in front of miss cummings and her

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organization a lot i don't want to force this through by any means um so i i leave it to

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discretion on the board yeah i think we respect i respect what you're saying and i think it's

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your client your best interest because of the relationship you have if we do a resumption

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hearing okay uh june 9th uh mr chair june 9th uh let me read this in mi 2020-003-159-2535

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west lehigh this case this hearing will be resumed on june the 9th it's at 2 p.m tanya

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yes chair at 2 p.m at which time the board will consider any feedback from the rco

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thank you mr chair and members of the board

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frank which case are we going to now which number seven seven okay calendar number zero seven

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30 West

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Highland Avenue. The attorney is

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Steve Bertil.

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Actually, Carl from

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Avera.

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Okay.

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And Carl has already been sworn

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in, as has

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Clinton, Henry Clinton, and

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there's

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another attorney I think is three.

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good afternoon members of the board uh this is steve bertill i'm going to be handling the uh

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the screen share um so okay have you been sworn in yes mr chairman clinton can i interject for a

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minute yeah mr clinton yes uh there's a request by the councilwoman as well as myself for a

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continuance and does this mean the board is not going along with that request? Yeah I think what

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we're going to do Henry is get as much testimony as we can and we'll do a resumption. I just think

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and I don't usually come before the board on the other side of projects because I'm usually

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asking the board for relief like other developers. I got involved in this case because it seemed kind

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odd that you had 220 neighbors opposed to a project and they really haven't had an opportunity

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to meet with the developer other than through the board who voted on the project, none of

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whom live near the project. Well without getting into the I respect what you're saying but

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if we continue it it's that we're going to have a hearing anyway so why don't we get it and there's

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a lot of people from what I understand I want to testify we're not going to have all 64 testify

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we could resume we could do a resumption hearing

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mr chair i think what you're going to hear when i think carl's trying to unmute is um

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