civus
Hearing video

ZBA Hearing - August 31, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 31, 20227h 0m

Okay.

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Mr. Phillips, you can unmute yourself or wait for the chair, please.

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Good afternoon.

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this is tanya spell it please for the court reporter michael phillips with claire harrison

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that's m-i-c-h-a-e-l-p-h-i-l-l-i-p-s uh attorney where a firm tell the truth the whole truth

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nothing but the truth i do those two cases that i talked about 11 and 15 are continuations of

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request of the RCO. And we share the RCO's request. We'll join in the request. I'll note

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that the matter for Parcel D is currently on remand for the issuance of an amended refusal

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to L&I. Parcel C is a companion case that's being continued so that they can be aligned.

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Thank you so much, sir. Thank you.

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Are there any other requests for continuances?

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Mr. Chair, this is Hillary again on number 14, where we didn't receive exhibits.

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I just got a request for continuance for that one.

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And that can, the project needs to undergo CDR.

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You can read that one into the record as well.

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Okay. MI 2022-002-904-1000-1010 North Delaware Avenue. That case is continued.

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Any other requests for continuances?

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Chair, we have Ronald Patterson with his hand up. Mr. Patterson, you can unmute yourself and wait for the chair, please.

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Mr. Patterson, how are you? Could you state your name and spell for the court reporter?

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Hi, Mr. Chairman. Good afternoon.

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Ronald Patterson, P-A-T-T-E-R-S-O-N.

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Claire Harrison.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you.

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Yeah, I have my hand raised on 1000 North Delaware.

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Apologize for that.

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We thought we were going to have a CDR at hand before the hearing date, but the CDR scheduling is a little behind, so we didn't make it.

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Okay, sir.

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Fine. We'll continue that.

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Thank you.

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okay thank you are there any other requests for continuances chair we have ken wood with his hand

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up mr wood you can unmute yourself and wait for the chair please good afternoon my name is west

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could you state your name and spell it for the court reporter kenneth wood k-e-n-n-e-t-h

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w-o-o-d 2564 street all right do you swear for him to tell the truth the whole truth nothing but

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the truth yes i know are you an attorney no what case do you want to talk about protestant 2507

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allen street okay so we're gonna call we're gonna we'll call that case sir

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okay you'll you'll you'll have a chance to get on when i call that case

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he's been muted chair okay is there anyone else with a continuance

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i see no other hands at this time chair and i also have

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case number three there's no exhibits mi 2022 003 307 711 west montgomery avenue

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christina osborne is listed as the owner

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do we see any hands

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Mr. Chairman I see no hands and I also see no one by that name listed under the attendees

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what were you going to say Hillary

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it was me it was Carol what number are you talking about number number three

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MI 2022-003-307-711-West Montgomery.

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MI 2022 003 307 711

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There's no exhibits.

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First listing.

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Wow.

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Why do I have, oh, geez.

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I have number three is North 19th Street.

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Oh, God.

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That's in the ad ones, Carol?

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Okay.

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You're on the regular list.

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We'll get to that.

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I'm going to get right to that.

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Okay.

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Okay, Osborne has not raised their hand.

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I see it.

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Okay, thank you.

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There's no one in the audience by that name, Chair.

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That case is continued.

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And number five, MI 2022-002-945-1400 Englewood Street, no exhibits first listed.

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Kenneth Young is the attorney.

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any hands raised there's no hands raised at this time chair that case is continued

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are there any other requests for continuing which is or are there any withdrawals

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i see no hands at this time thank you very much we're going to go to our add-ons

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Chair, this is Tanya.

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Yes.

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I just would like to ask that we put on a record that all board members are available today.

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Thank you, Chair.

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All board members are here.

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Number one on the add-on, MI 2022-003-095-5757 North 5th Street.

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I vote yes.

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Harold Tenere, my vote is yes.

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Thomas Holliman.

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My vote is yes.

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James Snell, my vote is yes.

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Right.

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Ishmael Schahe, my vote is yes.

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Number two, MI 2022-002-162-3145 Jefferson Street.

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We're voting this again without a proviso.

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I vote yes.

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Harold Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Number three, 3,300 to 3,400 block of North 19th Street.

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This case was closed last week with waiting to hear from the Councilwoman Bass's office.

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We have an email from Councilwoman Bass.

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She has non-opposition to all these properties.

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This will be nine cases and we will do nine votes. Number one, MI 2022 003164, 3405 North 19th Street. I vote yes.

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I was not here for that case last week.

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Thomas?

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Mr. Chairman, I do not vote. I've accused myself.

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Okay, thank you.

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On all cases.

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okay jim my vote is yes my vote is yes number two mi2022-003-160-3403 north 19th street i vote yes

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James Snell, my vote is yes.

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Harold Tenere.

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Yes, Ishmael Shahi, my vote is yes.

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Right.

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Number three, MI2022-003159-3401 North 19th Street, I vote yes.

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Harold Tenere, yes.

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I'm sorry, Ms. Tenere, you're not going to vote for any of these.

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Yeah.

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Okay.

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Thank you.

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That's confusing.

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Thank you, Tanya.

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Go ahead, Ishmael Shaheed.

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My vote is yes.

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Ishmael Shaheed, my vote is yes.

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MI 2022-003-508-3345 North 19th Street, with proviso.

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Revised plan, one page, stamped by ZBA on August 31st, 2022.

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James Snell, yes, with provisos.

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Ishmael Shaheed, yes, with provisos.

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MI 2022-002-176-3413 North 19th Street.

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I vote yes, with provisos.

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Revised plan, one page, stamped by ZBA on August 31st, 2022.

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two, maximum six units. James Snell, my vote is yes for provisos.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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MI 2022-002-276-3415 North 19th Street, I vote yes with revised plan, one page, stamped by the ZBA on August 31st, 2022, maximum six units.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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M-I-2022-002-819-3349 North 19th Street. I vote yes. Revised plans, one page, stamped by ZBA, August 31st, 2022.

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James Snell, my vote is yes for provisors.

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Ishmael Shaheed, my vote is yes for provisors.

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MI 2022-003-507-3351 North 19th Street. I vote yes. Revised plans, one page, stamped by the ZBA

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on August 31st, 2022. James Snell, my vote is yes for Proviso. Ishmael Shaheen, my vote is yes for

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provisos. And the last parcel MI 2022 002 902 3347 North 19th Street. I vote yes with revised plans

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one page stamped by the ZBA on August 31st 2022. James Snell my vote is yes for provisos.

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Thank you, everyone.

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We go to our regular list.

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MI 2022-003-081-643 North 11th Street.

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Henry Clinton is the attorney.

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Letter of opposition from the 14th Ward Executive Committee.

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A letter and photos were also sent from the RCO.

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Mr. Clinton is coming back in as a panelist now, Chair.

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Mr. Clinton, you've already been sworn.

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Mr. Chairman, Henry Clinton for the applicants.

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And could you identify the applicant and his relationship, his or her relationship to the property?

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Sure. The applicant is Ron, R-O-N-G Chen, C-H-E-N, and his wife, B-Rong Chen. They're being helped by their niece, Celina, C-E-L-I-N-A, Don, D-O-N-G, who is on the call.

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Right. Our vice chair has a few questions for you, Mr. Clinton.

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Sure.

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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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have you emailed the exhibit packet with proof of ownership tax compliance refusal referral

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photos under plans of the property five days in advance of this hearing and have you met with the

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rco and do you have a letter yes to all the above okay great you may proceed with

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the sharing of your screen thank you thank you

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is that visible mr chairman it is all right good afternoon mr chairman

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members of the board. I'm Henry Clinton here on behalf of Mr. and Mrs. Chen, who are being

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assisted by their niece, Selena Dong, D-O-N-G. This concerns a legalization of a parking space

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that has been in existence for over nine years. So at the end, I'm going to ask the board to weigh

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the equities versus what the community wants versus what my client has been through and

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hopefully grant this variance. These are the table of contents AA through A12. For Ms. Hemerson's

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knowledge, I added A11 and A12. I just reorganized some things so that may appear new

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with regard to the table of contents that I sent her five days ago.

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Appearance statement, this is the refusal. So the refusal is basically

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that there's a parking space at the rear of this two-family dwelling, which is illegal.

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In fact, the reason we're before the board is because Elle and I issued a violation to

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my client in January, and then my client began the process of trying to legalize this space,

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which they thought was legal when they purchased the property back in 2013.

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And I'll go through a chronology, if I may, after I go through the RCO letter.

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So the RCO, and Ms. Monroe in particular, is very ardent about this situation.

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situation. I believe in part because, and I'll show you from the aerial photograph,

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I believe in part because, and I'll show you from the...

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the neighbor next door added a parking space within the year. And I can't help but think

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that somehow the addition of another parking space by someone else prompted a relook at my

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client's situation and then result in the issuance of a violation. But anyway, the letter is one of

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opposition, and there's a rationale letter that accompanies it. Very articulate and very

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specific. Some of the reasons that the RCO opposed the project was because when they checked with

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L&I, the L&I inspector told them that the property, the parking spot, wasn't built according to the

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plans. And we agree with that because we got the violation. We didn't know it. Once we got the

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violation, my client took steps to make it illegal. She didn't create the parking lot,

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the parking space. He or she did not create the curb cut. When they bought the property,

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it was represented by the builder. That parking spot was included. And again, I'll show you

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photographs to try to persuade the board. So that's one reason. Second reason the community

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group opposed the parking space is because they felt that it's going to take away parking from

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people in the neighborhood. Well, if you have an off-street parking spot and you have a curb cut,

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your curb cut is taking up one space. So it's really a one-for-one swap. The other reason

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the RCO voiced their objection was because there was trash in and around the rear yard.

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And we've cured that issue with the plans that I'll show you. We've installed, will install,

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if the board looks kindly upon this, a trash container to retain any trash that is in the

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rear yard. And these are photographs from the RCO depicting the trash, depicting the car,

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depicting the curb cut. And this is the adjacent property owner who within a year put this parking

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spot in here. As to whether it's legal or not, you know, I'm not here to cast shadows on anyone

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else. But when this parking space was installed, somehow I believe that that then negatively

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reflected upon my client. And when Ellen and I came out and checked the records, it was noted

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that this parking spot was not part of the plans apparently in 2013 when my client purchased the

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property. So again, here are some more photographs, current photographs. This is at the corner of 11th

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on Wallace Street. This is a two-family dwelling. And my clients don't occupy the property. And if

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you read between the lines of the RCO letter, you'll see that that was brought up twice,

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that my clients are not owner-occupants. But I don't really think that's a valid reason

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to suggest that you can't try to legalize something that was in position since 2013.

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