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Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

Good morning, everyone. Sorry for the delay. We've had a long executive session. We appreciate

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your patience. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

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I'm sorry, Frank. I hate to keep buttoning, but can we wait three minutes? There's not

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many people in the room yet. Oh, I'm sorry. When you said go ahead, I thought that already

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happened. Okay, I'll wait. No, we go live first, then we allow the door to open for

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people to walk in. You got it. Okay, thank you.

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Thank you.

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okay chair we're ready to start thank you again good morning everyone my name is frank

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tichico i'm the chair of the zoning board of adjustment i'll be participating in today's

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hearing along with our Vice Chair Ms. Carol Tenere, Board Secretary Confessor Plaza and

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Board Members Mr. Thomas Holloman and Mr. James Snell. Board Administrator Ms. Tanya Sunkett and

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Board Attorney Ms. Sharon Saleta are also in attendance. For those of you who haven't yet

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participated in one of our virtual hearings, I'll go through some of the basics of what you can

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expect. 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 nine and then star six to unmute yourself.

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

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Finally, to enter an appearance statement, call Google 267-270 and leave your email address and the address of the property at issue.

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I'll repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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Before Vice Chair Tenere calls our first case,

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I'd like to announce the following cases that are being continued.

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1524 North 4th Street, that's case number 001853.

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Case number 001685, 1530 North 25th Street.

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Case number 001277, 362 East Worcester Street, and case number 001278, 5247 Frankfurt Avenue.

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If the applicant and or an attorney do not agree with the continuance of these cases, please raise your hand at this time.

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Good morning, Mr. Chair, this is Jason Hand, Clerk 3.

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I do not see any hands at this time, sir.

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Thank you.

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With that, I will ask now if anyone is requesting a continuance or withdrawal of an appeal for

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this morning's list, please raise your hand at this time.

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okay sir first off i have a miss hillary emerson i will allow her to speak right now

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thank you good morning miss emerson please identify yourself with a record and i'll swear

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you in good morning mr chair members of the board hillary emerson on behalf of councilwoman

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sherelle parker emerson e-m-e-r-s-o-n we're in a firm to tell the truth the whole truth and

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nothing but the truth i do um thank you um i'm not sure where this case is on the list um the

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address is 1868th avenue um mi-2020-001255 number three yeah number three on our list okay i

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Number three.

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Yeah, number three on our list.

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Okay.

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Thank you.

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Yes, we're requesting a continuance.

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I spoke with the RCO yesterday, and they have not had any contact with the applicant, and neither has our office.

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I don't know if anybody here representing the applicant is present this morning, but no RCO meeting has been held to date.

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And this is Sharon Sillette.

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Excuse me.

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We also have no exhibits for this case.

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okay thank you case number zero zero one two five five one eight zero zero 68th avenue is continued

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any other requests for continuances or withdrawals please raise your hand

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all right so the next person's hand up is Mr. Oleg Sokolov

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I will allow him to speak right now.

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Good morning, sir.

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Please identify yourself with a record, spell your first and last name,

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and provide us with your address.

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Good morning, Mr. Chairman, members of the board.

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My name is Oleg Sokolov, O-L-E-G, last name S-O-K-O-L-O-V.

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On behalf of calendar number MI2020-001253, that's 5432 Vine Street.

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Excuse me one minute.

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I just want to swear you in.

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Swear in the firm to tell the truth, the whole truth, and nothing but the truth.

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I do. And you're talking about case number 12 on our list, 5, 4, 3, 2 Vine Street?

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Yes, sir. Requesting a continuance? Yes, Mr. Chairman. Unfortunately, we've been unable to

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obtain a tax clearance certificate due to some confusion with the IN number, so we're just

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working that out. We have had our RCO meeting, and the RCO is supportive of our project.

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so uh is there anything we can do on our end sharon yes there is we actually if you will just

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go to the revenue department website and you can check the balance the real estate tax balance on

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the property and print that out we will accept that okay um if you're able if you're successful

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sir in doing that would you still want you still want to continue with um we have no exhibits so

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there are no exhibits. I don't know where that was possible. And I do, if I could interject

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a thought, Mr. Sokoloff, are you working with revenue? I have communication, but, and so is

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the applicant himself, but we just, because this was an EIN number that is associated with that

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person. So that's something that's more involved for them to resolve. Say that again, Ms. Saletta?

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I'm sorry, Ms. Sunkit. Oh, I was just saying, I'm sorry. If it's an EIN number,

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just mentioning to the board, that's something that's more involved. That has to be done

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by revenue. So it could be a problem with the EIN numbers, not with the appropriate

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applicant. Yeah. All right. We're unsure what it is. So I thought a continuance was best for it.

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Okay. But again, if you don't need even the number, you just need the address if you go

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the revenue department website if there is a zero tax balance on the property you should be able to

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print that out okay great i will um i will definitely have it all in line for the next

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hearing thank you all right calendar number zero zero one two five three five four three two vine

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Street is continued. Any other requests? Thank you very much. Thank you.

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Mr. Chair, I do not see any further hands up at this time, sir. Can we proceed? Thank you. And

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hold on one second. Got my paperwork here. All right, and again I would just like to advise

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everyone uh do not attempt to uh testify in the chat any comments should be directed to our board

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administrator miss tanya sunk it i believe with that we can begin uh just let me uh

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what am i looking for here uh i have a couple announcements before we begin

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the board was scheduled to vote on 7519 ridge avenue this morning that vote will be delayed

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one week and we will and will be announced at the beginning of the december 9th session

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also if anyone is here for the follow-up hearing on 3929 ridge avenue that hearing will be held at

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the start of today's two o'clock session. And with that, did I leave anything out, Tanya and or

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Sharon? No, you can go on to the regular list now. Okay, Ms. Tennery, please call the list.

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no you can go on to the regular list yeah okay please call the list okay if anyone here presenting

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a case today hasn't met with the rco or has an email their exhibit packet five days prior to

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this hearing please raise your hand come forward now and explain to the board thank you

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looks like we're good carol okay calendar number 1264 the address is 1401 north 7th street

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henry clinton is the attorney

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i've made mr clinton a panelist good morning mr clinton

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Good morning, Mr. Chairman.

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Please identify yourself with a record, and I'll swear you in.

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Henry Clinton, 1313 South 33rd Street, Queen Memorial Building, Philadelphia PA, 19146.

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Turn to the firm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you.

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Please proceed.

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Mr. Clinton, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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and have you emailed your exhibit packet with proof of ownership tax compliance a copy of the

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refusal or referral photos and or plans of the property five days in advance of this hearing

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and have you met with the rco and do you have a letter yes i have thank you you may proceed

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thank you mr nary uh miss sunkett can i share my screen

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you sure can mr clinton thank you very much

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mr chairman is that visible and is that large enough yes it's great

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good morning mr chairman members of the board i'm here on behalf of

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the applicant 1401 3 North 7th Street and with me is a principal of that LLC

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Neti Levy, L-E-V-I, who is on the call with us. So this is my exhibit package including my table

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of contents with exhibits A-A through A-10. My appearance statement, this is the refusal

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which I will address as we work through the presentation but basically this is a corner

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property at 7th and Master Street. Historically, it was used commercial on the first and residential

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above. That is both addresses. It's 1401 and 1403. And I'll show you the aerial photographs of the

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corner. We are going back to what the use used to be. We were asking for commercial on the first

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floor, which kind of cuts against the grain of what's going on in the city right now.

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and then two residential units above.

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We did meet with APM and we have a letter of support,

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which is in the packet.

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You can see it was a unanimous decision

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in favor of the project.

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They reiterate what the proposal is,

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two dwelling units above in commercial space

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on the first floor with some parking in the rear.

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APM also went into a detail

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analysis of our presentation if the board wishes to read that it's certainly there for their for

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their viewing these are photographs of the site again seventh and master it's a double lot on

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the corner 1401 and 1403 this is a view looking toward the west i've not been able to determine

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how long the lots have been vacant i'm told they've been vacant for at least 10 years and

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probably closer to 20. Another view, this is looking east. You can see across the street

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is a commercial establishment, and there's two units above. These are the plans for the project.

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Again, the first floor would be, this is looking at the front of the building on 7th Street. The

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first floor would be commercial, so we have large commercial windows there. The height does not

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exceed 38 feet. In fact, our height is 36 feet, so we have no issues with height.

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This is the view of the side of the building. Again, the commercial large windows would wrap

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around onto Master Street and there'll be one living unit on the second floor front and then

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the second living unit on the third floor and part of the second. The parking will be in the

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rear of the building. It's tucked a little bit under the building and then also some open space

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it's tucked a little bit under the building and then also some open space in the back

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in the back where we'll have.

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where we'll have three-car parking for the commercial space.

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I'll blow this up a little bit.

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This is the site plan just to give the board a more

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specific feel for the property. Again, it's a double-wide property, a lot of frontage on

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master street we have a large area in the back for trash storage it'll be commercial trash pickup

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we won't rely on the city of philadelphia for that

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these are the floor plans commercial open on the first floor parking in the rear outsides

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two spaces tucked under the building one spot in the open air space this is the second floor that's

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to be a one-bedroom apartment the one bedroom here with the bath and then for the second apartment

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you would walk up the stairs have one bedroom here and then the entire third floor will be

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the second part of the of unit number two so unit number one is one bedroom and unit number two is

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two bedrooms one two and there will be a rooftop deck set back from the rear of the building as

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well as the front of the building. My additional exhibits include, you know, the deed, the typical

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exhibit you have in a presentation, the deed, our tax certification, application for appeal,

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and what I wanted, and also this is the zoning map. I just wanted to point out to the board

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that when my client bought this property, it was actually zoned CMX2. The zoning has changed over

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time but you can see the other two corners are cmx1 and our commercial establishments on those

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corners this is our notice letter mailing the other thing i thought i would like to point out

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through the board is these are the zoning records for 1401 north 7th street so back in the 60s

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this was a retail meat grocery store with two family dwelling above

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again going further back into the 50s was still was retail meat market and two families above

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and this is for 1403 uh was a store and a dwelling above

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1403 again a little bit more recent in 1972 it was a family two family dwelling and a barbershop

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And then later on, it became a two-family dwelling and a church.

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And again, just referencing 1403, at one time, it was also a barbershop and two families above.

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So that's just giving you some background as to what this corner was used for.

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Historically, it was commercial.

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And as I say, despite the situation that we're in, the economy, my client wants to put commercial on the first floor.

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he believes will be occupied and right now the plans are for that space to be an architect's

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office which we shared with the community group and they were encouraged by that. Mr. Chairman

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if there's any questions from the board I'll entertain them now and I would also like to

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have my client adopt my testimony who is on the call. Why don't we have your client adopt your

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testimony and then we'll move on. Okay. Mr. Levy, Ms. Sunkit, can you unmute Mr. Levy?

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Sure. Jason, you have?

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Yes, I have now. Mr. Levy, you are now allowed to speak. Please wait to be sworn in, sir.

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Good morning, sir. Please identify yourself with the records by your last name and I'll swear you in.

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can you hear the chairman mr levi you have to unmute your mic to speak

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good morning now yes good my name is netany levy and can you give your address could you spell

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your name first, please. Sorry. N-E-T-A-N-E-L. Last name L-E-V-I. You swear and affirm to tell

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the truth, the whole truth, nothing but the truth? I do. Mr. Clinton? Mr. Levy, where do you live

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right now? 1319 North 6th Street. So that's in this neighborhood? Correct. And if you heard my

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testimony today? I did. If you had the opportunity to testify, would you adopt my testimony as your

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Roan and as true and correct. I would. Thank you very much, Mr. Levy. Thank you. Any questions

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from the board? No. Anyone else like to testify in this case? If so, please.

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

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There are no hands at this time, Mr. Chair.

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Jason, Planning Commission.

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Good morning, Brian Wenrick, City Planning.

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We're going to tell the truth, the whole truth, nothing but the truth?

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I do.

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Brian, please spell your last name, I'm sorry.

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W-E-N-R-I-C-H.

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This property is indicated for residential use on the comprehensive plan

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and has a history of corner commercial.

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Accordingly, we have no objection to the granting of the variances.

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Thank you.

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