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Hearing video

ZBA Hearing - October 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20217h 13m

from a design I'm sorry design standpoint as you can see there's already a residential

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multifamily building right next to our lot built we are proposing a very similar duplex design

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to be consistent in basically height and general outlook.

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Also, the lot itself is a middle lot,

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so putting a five-foot side yard is a physical impossibility

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because it would actually make the lot too narrow to be used for a building.

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We only have a 15-foot property line.

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A five-foot side yard would make the lot 10-foot wide,

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and it's therefore a physical hardship.

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The design of the duplex itself is simply one unit on the first floor with the basement access, bedroom living space in the first floor only, storage and recreation in the basement.

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storage and recreation in the basement. The second unit is above and has the bedrooms total in three

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The second unit is above.

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on the second and third floor. There is a roof deck available for outdoor space for the upper unit

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and rear yard available for both trash storage and outdoor space for the first unit.

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Based on the community support and based on the condition of the block, I would ask the favorable

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review of this case by the board i'm happy to answer any additional questions or direct any

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specific exhibits thank you is your client available to adopt your testimony uh yes i

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believe my client should be here uh mr shimon uh i i don't want to mispronounce his last name

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shimon can you raise your hand virtually uh so that you can be identified

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In the interest of time, if I may, as an officer of the court, I would be able to stipulate that my client would have adopted my testimony.

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So noted. Thank you. Any questions from the board?

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Hello?

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No.

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My client is here, Chairman.

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Yeah.

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Shimon?

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Call jail?

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Yes. Hi. Hello?

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Hi. Please spell your full name.

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Shimon, S-H-I-M-O-N, last name is K-O-E-G-E-L.

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Do you swear from the tell the truth, the whole truth, nothing but the truth?

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Yes.

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I do. Thank you. Mr. Jin?

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Thank you. Shimon, did you hear my testimony and see the presentation to the board?

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Yes, I did.

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Okay, can you verify that it is true and correct and adopted as your own testimony?

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Yes, it is.

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Thank you.

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Thank you. Is there anyone else to testify in this case?

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i see no further hands mr chair thank you planning commission thank you mr chair ian hegarty for the

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philadelphia city planning commission members of the board the comprehensive plan uh recommends

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no change from the rsa 5 zoning at this location uh we don't have any objection to the dimensional

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variances given the size of the lot however the applicant's hardship claim isn't supported with

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evidence of unique physical circumstances or conditions of the property to justify the

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multi-family use so the city planning commission recommends that the board deny the variance

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thank you very much mi 2021-002164 2249 north franklin street my vote is yes

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Harold Tenere, my vote is yes.

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Professor Plaza, my vote is yes.

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James Snell, my vote is yes.

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Thomas Harrowman, my vote is yes.

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Thank you.

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Number nine on our list, MI 2021-002-096.

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2922 West Glenwood Avenue.

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Jared Klein is the attorney of record.

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All I see is a note, if yes, with revised plan, one page.

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but uh ms tenary will ask mr klein as soon as i swear him in questions

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good afternoon mr klein please identify yourself for the record and i'll swear you in good afternoon

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mr chair members of the board jared klein k-l-e-i-n from blank rome 130 north 18th street

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19103 you swear a firm to tell the truth the whole truth nothing but the truth yes i do thank you

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ms tenary and mr klein do you do you also agree to wait the reading of the refusal and stipulate

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to its accuracy yes i do have you emailed the exhibit packet with proof of ownership tax

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compliance copy of the refusal or referral photos and or plans of the property five days in advance

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of this hearing and have you met with the rco and do you have a letter yes to all the above

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thank you you may proceed before you proceed mr klein madam vice chair i need to step away for a

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minutes i'll be back shortly so okay great okay and this is sharon uh mr klein i don't believe

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i have a copy of the rco letter yes i will uh share it on the screen miss so what i didn't

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receive it until tuesday morning but it is included in the packet that i have to share

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i can email you a copy separately thank you sure um so again uh we're here for 2922 west glenwood

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avenue i understand the board's had a long morning so i will endeavor to be as brief as i can

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our application is for a single family home on this lot and it is as you'll see a uniquely small

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and oddly shaped lot that we think justifies the dimensional variances that we're asking for

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one note about the refusal that's before you we have revised plans as the chair mentioned that

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We have revised plans, as the chair mentioned, that remove the balcony that is on the second floor.

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remove

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So the first of the two refusals has gone away with our revised plans.

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And so we're only seeking the variance for the rear yard depth.

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To orient the board, this is our property here.

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As you can see, it is located on this.

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It is one of three parcels that make up this vacant triangle of open land that is right here.

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and you can get a sense of it also on the zoning map these are three properties that front on

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Glenwood ours is this one in the middle so it's a shallow lot with a uneven rear that doesn't form

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a square or rectangle which as the board has seen before creates a challenge for getting

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the required rear yard depth these are photos of the notices that are posted at the property

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and this is what the property looks like currently it is as as we showed a vacant lot it does have a

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tree that will obviously have to be removed uh these are some photos to give context on what

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the surrounding area of west glenwood looks like at this moment uh as you can see there's vacant

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properties on this side there's a parking lot immediately across the street from us there

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uh these are the revised plans uh that remove that uh second floor rear deck otherwise it's

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a traditional uh single family style row home as we're seeing all throughout philadelphia

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there's a pilot house for a roof deck and some elevations and floor plans will follow

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and here's the layout of the interior of the building again as i said it's a very much a

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traditional single-family style home, but with the odd rear yard, it creates an angle that we

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have to deal with from a zoning perspective. As I mentioned, we did meet with the RCO. There's a

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letter from the 32nd Democratic Ward that is up on your screen now. They submitted a note of

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non-opposition, provided that we had no balcony, which we revised plans to remove that balcony,

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And we did share with the community that we do have a sanitation plan and we'll do our utmost to put a street tree if the streets department allows us to do so.

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But their vote was in non-opposition and there were over 10 attendees in our virtual meeting.

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I will email a copy of this to Ms. Saleta so she has it for her file.

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and I'd like to ask Aaron Jones

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to raise his virtual hand

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to adopt my testimony

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if he's still online.

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Jones has been allowed to speak.

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Yes, this is Aaron Jones,

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A-A-R-O-N-J-O-N-E-S.

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Do you swear for him to tell the truth,

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all truth, nothing but the truth?

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Yes, I do.

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thank you mr klein mr jones did you have a chance to uh hear my presentation this morning and see

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the exhibits i shared yes i did and do you adopt my testimony as true correct and your own if you

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had had the opportunity to testify yourself yes i do thank you very much i don't have anything

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further mr chair questions from the board no mr chairman no no sir anyone else would like to

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testify in this case please raise your hand i see no further hands mr chair planning commission

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thank you mr chair ian hegarty for the philadelphia city planning commission

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uh comprehensive plan recommends no change to the single family zoning at this location

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uh the proposed dimensional variances are minimal and do not conflict with the purpose and spirit

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of the zoning code city planning commission recommends that the board grant the variance

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thank you MI 2021-002-096 2922 West Glenwood Avenue uh Mr. Klein I stepped away for a minute

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you have a revised plan and this is it one page yes that's that's correct Mr. Chair my vote is yes

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with the proviso revised plan one page approved today Carol Tenere my vote is yes with proviso

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Professor Plaza, yes, Reproviso. James Snell, yes, Reproviso. Thomas Holloman, yes, Reproviso.

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Thank you. Before I call the next case, Tanya, as you know, after the next case, we will have

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the case that we moved from earlier this morning to be at the end of this list.

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what are we how are we on time um we're at 12 22 chair so we can have a hard stop at

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We're at 1222, Chair, so we can have a hard stop at 1 p.m.

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All right, thank you.

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Mr. Chair, we also have a request for reconsideration that I believe should be voted.

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You were not here for that.

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Okay, well, why don't we do that after this case before we go into the 1451 North Broad,

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which I was asked to recuse myself on.

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All right, so we will now go to case number 10, MI 2021-002163, 2900-02 North 5th Street.

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Mr. Jinn is the attorney of record.

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There's a letter of support from the association.

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You'll have to help me confessor with this one.

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something and mark i'm not sure about 8 p.m and rco a h-a-c-e rco letter of support

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mr jen you're still on the oath just identify yourself and ms tenera will have some questions

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for you yes good afternoon zen jen z-h-e-n-j-i-n 1617 john f candy boulevard suite 1838

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Philadelphia PA 19103 here on behalf of the applicant. Good afternoon do you agree to waive

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the reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit

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packet with proof of ownership tax compliance refusal referral photos and or plans five days

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in advance of this hearing and have you met with the RCO and do you have a letter? Yes to all

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questions. Thank you you may proceed. Thank you. I'm going to share with the board the information

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relating to this case. We have submitted the refusal, RCO letters and support for those plans

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and other related documents. I'm going to jump ahead to the refusal, which this one is a property

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that is in a what is essentially mixed because mixed districts because it is really three lots

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that are being consolidated. Part of the lots are CMX 2.5 and the back side of the lot there's

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a portion that is in a RSA 5 zoning. However, this is a corner lot that has actually been used

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as a commercial business for a long time. This is a essentially an expansion of the commercial

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business and also to consolidate the above units which are residential into a multi-residential

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unit above one vacant and one pizzeria business on the first floor. When we met with the community,

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we met with overwhelming support. My client has actually been in the community a long time.

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Their pizzeria is well known, and the community has worked with them as a business and never had

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an issue with anything they've done. So if you can see that all the refusals are really focused

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on the RSA 5 portion of the business building, which is better shown by looking at the plans,

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what is going on here. If you look at a site plan, what happens is that we have a corner property

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that is essentially at 1.3 lots. This is the RSA 5 lot that is being added to the rest of the

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building but this will all be one combined building once completed with the residential

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above and the commercials utilizing the extra space here. While this is a RSA 5 building in

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essence that is facing Cambria Street it's really not being used in such manner nor is it really

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impacting the neighbors on the backside Rees Street. We had no objections from the neighbors

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there, they actually don't mind the idea that this business be expanded into a total combination of

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what is being proposed here. So the L shape is going to be part of the restaurant business.

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It just becomes additional part of the business on the first floor. And the upper portion of it

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would be part of the residential units that are being proposed above. Again, the residential unit

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count is not a refusal issue under CMX 2.5, but it is because of the RSA 5 for that one portion

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of the proposal. Overall, the proposal allows my client to consolidate their holdings into one

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manageable unit, and we believe that it does not cause additional hardship, nor does it really

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impact the RSA 5 houses that are otherwise facing Reese Street. We had no objections from those

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neighbors. And there is an alleyway in between at the rear of the property, even with the

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at the rear of the property even with the consolidated design so based on that in the

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consolidated design.

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community support the only request the community made was that we would not sell alcohol which is

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not in my client's business plans and certainly agree to but other than that request the community

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was in full support of their request so as a result of the support and based on the l-shape

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being part of the overall

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law, we would ask the board for a favorable

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ruling in this matter. I'm putting

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the letter back up from

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APM, which

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indicates their support

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and also HACI

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indicating their support as well.

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I'll be happy to answer any questions

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or redirect to any exhibits.

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I have a client to adopt your testimony.

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Yes, I believe

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Perla should be here.

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Perla, can you

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raise your hand virtually?

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so you can be identified.

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There's been another speak.

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Sir, please

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spell your full name.

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Perla Angulo

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P-E-R-L-A

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Last name A-N-G-U-L-O

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I apologize.

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I thought I was a male.

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I apologize. So do you swear for him to tell the truth,

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the whole truth, nothing but the truth?

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