civus
Hearing video

ZBA Hearing - September 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 11, 20245h 12m

Yes.

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Thank you, counsel. Please proceed.

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Thank you. I'm going to share with the board what was previously submitted. Let me go ahead and put that up. Can the board see my exhibit on their screen?

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Yes.

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Thank you. So we submitted a copy of the refusal, the letter, RCO letter from Spruce Hill, photos, plans, and relay documentation.

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This particular refusal is due to our request to use this property on 4422 Locust Street as a triplex.

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This is refused because the area has been redistricted to RSA 5.

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However, Spruce Hill provided non-opposition to our request, partly because the area is heavily multifamily.

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In fact, this row of properties, which are large houses with very distinct front facades, are generally multifamily on this block, including the twin right next to our own.

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In fact, there's three doorbells. Even when my client purchased the property, there was already three doorbells on the doorframe itself.

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Now, we work with Spurs Hill primarily over the issue of the facade.

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Because of the nature and the unique designs of these buildings, I'm going to show the board photographs, which will better explain what we were discussing.

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thing is that while it's not specifically a historical district, there are historical

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touches to these buildings that are very important to the neighborhood. And we work with the

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neighborhood on a remedial plan to make this building look far more presentable. And in

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addition, what the normal concerns are with the multifamilies in the area are trash being placed,

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recycling, not being done properly. We have actually an indoor trash storage on the plant,

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which I will show the board. We also have an access alley on the side that is shared with

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the other property and that allows all units to have access to the rear of the property for trash

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storage. In addition, because of all the existing multifamily in the area, the use would not

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negatively impact any other uses that are already on the block, certainly also not impact really

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the commercial use that is right next to us. As a result, after working with Spurs Hill on a

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remedial plan for the front, we received their non-opposition in this particular use. I do want

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to point out we had a meeting with them, and the one issue that was never really brought up or was

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really raised as a concern was, in fact, the multifamily use. Everybody around the property

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and the board of Spruce Hill was well aware that this block is full of multifamily units.

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So from a layout standpoint, the plants here are color-coded per Spruce Hill's request, but

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essentially it's one floor. Each unit is one floor. Basement is for utility, and here is the trash

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That actually has a direct lead out to the backyard. And again, the backyard itself also has a sideway access to the front. We're going to remediate most of the front facade to make it look much more classical to what was there before and therefore making the entire block more uniform, which is one of the requests that the community asked as part of our discussion with this property.

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So with that, I'm happy to answer any questions the board may have.

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And again, I do want to reiterate that when my client purchased the property, the interior

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was already laid out with multiple kitchens.

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And even though it's very run down and needs a lot of work to make it fully habitable at

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this point, the building layout, essentially, there isn't much change here.

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We are basically leaving a lot of the layouts that was already inside the space, and we're attempting to remediate the damage and also legalize the use.

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Again, I'll be happy to answer any questions, and if the board members want to see any specific part of my presentation, I'll be happy to redirect to that.

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And is the adjacent property, is that multifamily unit next door?

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Yes, it is. In fact, most of the block is multifamily, even though on the city records, if you were to search, it doesn't come up that way.

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it doesn't come up that way. The community and what we've seen of the neighboring properties,

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The community and what we've seen of the neighboring property.

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we know that it is, in fact, multifamily. Can you bring your client on, please? Sure.

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Ms. Shea, can you raise your hand to be identified? Sure.

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Could you please state your name and spell for the course stenographer, please?

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Sure. My first name, H-U-I-F-A-N-G, and my last name, X-I-E.

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Right.

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

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Yes.

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Please proceed, counsel.

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Thank you.

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Ms. Sheik, can you verify that you saw the presentation I made to the board and heard

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my representation?

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For?

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For this property right now.

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Did you just see my presentation and hear my testimony before the board?

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Yeah.

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Thank you.

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Can you verify what I have represented is true and correct and adopt it as your own

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testimony?

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Yes, correct.

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Thank you.

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Thank you.

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Questions from the board.

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Questions or comments from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience.

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I see no hints at this time, Chair.

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Planning Commission.

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amy boyd with the city planning commission the comprehensive plan recommends no change to the

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existing single family rsa 5 zoning at this location the proposed use is in conformance

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with the documented previous use as three-family household living the city planning commission

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recommends that the board grant the proposed variance for three-family household living

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Thank you. MI 2024-002-354-4422 Locust Street, I vote yes.

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Cheryl Gaston, I vote yes.

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Tanetta Graham, I vote yes.

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Taya Nguyen, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you.

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Is there anyone in the virtual audience whose case has not been called from the 930 list?

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i see no hands at this time chair um thank you everyone see everyone at 2 p.m

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thank you thank you

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good afternoon everyone my name is bill bergman and i will be chairing this afternoon's meeting

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meetings. With me is our Vice Chair Ismail Shahid. Present, Mr. Chairman.

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Our Board Member Cheryl L. Gaston. Present, Mr. Chairman.

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And our Board Member Tynetta Graham. Present, Mr. Chairman.

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Here's our virtual format. The proceedings are being recorded. With your participation, you agree to be recorded.

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The video will be available by contacting kathleen.grady at phila.gov.

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For a court stenographer, attorneys and witnesses should identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question box on the screen is not for testimony.

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All comments should be directed.

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All comments and testimony should be directed to our Deputy Director of Planning and Zoning, Kathleen Grady.

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Also present here today is our attorney, Hillary Emerson.

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Let's look at our schedule for the Saturday.

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Number four, MI 2024-004-144-2255 North 22nd Street. That case is continued.

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Number 11. MI 2024-004-239, 900 North 41st Street. That case is continued. Are there any other requests for continuances?

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Good afternoon, Chair. This is Jasmine. I will be your co-host this afternoon. I see no means at this time.

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And number 10, MI 2024, 004-238-225-73, Geiger Road.

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No exhibits, first listing.

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The attorney is Sean Ward and BS Associated's enlisted owner.

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Attorney is Sean Ward and BS Associated.

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I have a hand up by phone number ending in 3552.

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Okay.

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They have been allowed to speak.

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Could you please state your name and spell for the court's phonographer.

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adrian fernandez swamp little neighborhood process association rco and my last name is

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spelled f-e-r-n-a-n-d-e-z adrian you've already been sworn you you have a case you're interested

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in here i mean i have a question for 2837-39 west lehigh avenue um it's on the 330 list

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Will the continuance that Strawberry Mansion Concern, RCO, sent in be announced now or at the 3.30 hearing?

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I'll do it before the 3.30 hearing.

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Okay, so we have to listen for the 3.30?

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We have to listen for the 3.30 hearing?

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Okay.

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It will be a continuance.

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Okay, thank you.

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Thank you.

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Are there any other requests for continuance on the 2 o'clock?

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And MI 2024-004-238-225-73 Geiger Road, no exhibits, first listing.

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Sean Ward is listed as the attorney, and B&S Associates is the listed owner.

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I see no hands at this time, Tia.

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That's the first listing.

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So MI 2024-004-238-225-73, Geiger Road, that case is continued.

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Mark must be hurt.

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And number one, number one, MI 2023-005-769-2628 South Street, that case has been withdrawn.

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Number six, MI 2024, six, I'm sorry, MI 2024-004-191, 4664, Castro Avenue, that case has been withdrawn.

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And then number 12, MI 2024-004-242-1027-29 Spring Street, that case has been withdrawn.

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We're going to go to our add-on list.

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Number one, MI 2024-002-044-612-S 57th Street, I vote no.

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Tanada Graham, my vote is no.

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Iowyn, my vote is no.

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Ishmael Shaheed, my vote is no.

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i don't think i can vote on this one okay thank you that's fine thank you great

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and number two mi2024 001 511 1601 north 27th street i vote yes with proviso

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Maximum four dwelling units, maximum height of 35 feet, no roof decks or roof deck access structures, no household living in the basement, commercial trash pickup.

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Cheryl Gaston, my vote is yes, same proviso.

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Tanetta Graham, my vote is yes with those provisos.

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Tywin, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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and number three mr chair can we go back to number one was that the request for reconsideration that

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you voted on yes okay yes i said no okay yes we need to put on the record that that is no

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okay sure thank you so i'll read the number again one more time

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i-2024-002-044-612 south 57th street i vote no to reconsideration and rehearing

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so that i agree my vote is no i win my vote is no to the reconsideration and

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Mr. Shahid, my vote is no to reconsideration and rehearing.

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My vote is no to reconsideration and rehearing.

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Number three, MI 2024-003-915-4040 Wall Street.

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The vote in this matter has been rescheduled to Wednesday, September 18th at 2 p.m.

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Number four, MI 2023-003-159-3942 Wall Street.

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The vote in this matter has been rescheduled to Wednesday, September 18th, at 2 p.m.

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We're going to go to number two.

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MI 2024-004-052-1820 Everett Street.

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Helen Nockmson is the attorney.

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We also have a Russian interpreter for this case.

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Alan Nockamson has been promoted to

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penalist. Actually, Mr. Chair, we weren't unfortunately able to secure

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a Russian interpreter, but I understand from Mr. Goldberg

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that the client will be able to adopt Mr. Nockamson's

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testimony without the interpreter. Okay. Mr. Nockamson.

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Yes. Good afternoon, members of the board.

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Alan Nockamson.

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

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I do.

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Could you identify your client in relationship to this property?

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My client is Wattimore Prime, the owner of the property.

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And for point of information, we do have a letter of unanimous opposition from Ron Hurst Civic Association,

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but we also have a petition of support signed by 19 neighbors 12 from the block our vice chair has

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a few questions sir good afternoon counsel do you agree to waive the reading of the refusal

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or stipulate to a taxi i do i've emailed in all the required documents and exhibits that's needed

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to proceed with this case five days in advance of this hearing uh yes okay uh can you please

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share your screen and also turn your camera on yeah i'm having problems i'm i'm like actually

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i see myself still i don't know what's going let me turn it let me do this stop video

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start video yeah we saw you in the beginning alan oh there you go you're back i never work

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from home i should not do this um so i apologize it's sort of freezing up alan you're freezing up

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too. I know. Of course it is. But can you hear me?

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We hear you now. Yeah. Okay. You're moving once in a while

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and then you stop. Okay. Sorry about that.

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Okay. So I'm here to present

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1820 Everard Street.

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Here we go.

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My client's not a developer. He is a homeowner.

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who honestly didn't know better. Like he put a small addition to the side of his property for

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extra storage of 117 square feet. You can't even see it from the front. And he reached out to his

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neighbors who were most directly impacted, including the person right next to him. And

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everyone's in support. So I understand we have a letter of opposition, but as you'll see from the

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letter of opposition, only one member from the community showed up. But we'll review the notice

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of refusal, and I want to indicate that we just received an updated refusal this morning, and we

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forwarded it over to Ms. Emerson, so it's part of our packet of materials. We do have correspondence

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from the Ron Hurst Civic Association, and we'll review that quickly. Our petition, and again,

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with a map showing all the people on our block essentially are in support of it. We're 1820,

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1818 and 1822 have no opposition and 1818 would be the most directly impacted by this variance

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request regarding the side yard we'll review maps of the area and you know from a zoning perspective

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and and just a google maps perspective but again we're not increasing density in any way

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we're just asking to legalize this small addition to the side of his house and you know again if

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If the board feels, you know, grants this variance request, obviously we're going to need to get a CO as part of that process as well.

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Photographs of the property in the surrounding area or interior photographs of the addition.

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Again, it's a small addition.

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It's just for storage.

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Our plans and drawings, our RCO meeting notice.

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