civus
Hearing video

ZBA Hearing - March 6, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 6, 20246h 49m

So yeah, I appreciate everyone's time and thoughts on this.

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I know that includes the Civic Group

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who was very helpful working with us.

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Most definitely.

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Great.

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I have nothing further from Mr. Blum.

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We also have our project engineer,

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but i don't think that's necessary right so questions from the board no mr chairman no

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chair questions or comments from uh hillary emerson our attorney um only to note that

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there is an amended refusal mr chair i see it yep correct and uh questions or comments from

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the virtual audience um yes chair i have a hand up from lee horn i have allowed them to speak

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hi could you state your name please and spell for the court stenographer

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lee l-e-e horn h-o-r-n-e right do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do sir please proceed i am the zoning chairman for ron hearth civic

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association thank you you're welcome sir uh i'll and i'll make this direct to the point in short

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um the we orchestrated a meeting between the community and the representatives of this project

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on 10 19 23 you are in receipt of our notice of meeting and letter of the same date the even though

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the meeting was held before the approval of the new plan the meeting was held based on the plan

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that is currently on your screen.

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That would be the Bowler Engineering Concept Plan B, Revision 2, dated 8-31-23.

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That would be the Bowler Engineering Concept Plan B,

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Revision 2.

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The neighbors are very pleased with the two-lane drive-through to the menu board

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and then one lane through pickup window, keeping many cars out of the parking lot.

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The landscaping separating the drive-through from the sidewalk keeps people safe

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as they walk up and down the sidewalk.

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There's no interference from automobiles and pedestrians.

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This plan is cutting off access from Hofnagel Street to the back of the building

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as you have to enter the normal parking lot to use the drive-through.

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The plans that were submitted for the exterior of the building are very pleasant to look at.

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This is not going to be an ugly building. It'll be an attractive building.

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Everything that was done is in consideration of the neighbors and the shopping mall as it exists.

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We and neighbors and the people of Ron Hurst stand for this project.

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And we hope that you will give consideration to approve this project. That is all I have.

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Mr. Horn, thank you for your testimony.

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Thank you for the work you've done to get to this point.

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Yeah.

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Is there anyone else in the community?

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They kept this going.

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Is there anyone else in the virtual audience?

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Yes, Chris Lebovitz.

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With their hand raised, I have allowed them to speak.

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Isar, could you state your name and spell for the court stenographer?

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chris

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do we see his hand

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i mean he's about to speak uh chris okay yes uh yes my name is hold on hold on could you state

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your name is spelled for the court stenographer chris labovitz chris l-a-b-o-v-i-t-z right do

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you swear or affirm to tell the truth the whole truth and nothing but the truth yes i do

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So my hand was raised and I left a question.

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It's for a hearing that's coming up at three 30.

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So I apologize.

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Thank you.

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But, but that's okay.

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Thank you for, thank you for being here.

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We appreciate it.

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Sorry about that.

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Is there anyone else in the virtual audience?

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I'm no, no other hands, Mr. Chair.

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My planning commission.

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Thank you, Chair Bergman.

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And good evening, David.

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With the city planning commission chair and board members,

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the comprehensive plan recommends a change in zoning at this location from

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commercial mixed use one to commercial mixed use two. The proposed uses drive-thru and a takeout

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restaurant are what a reasonable person would expect to find in a shopping center. The City

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Planning Commission recommends the board grant their proposed use variances for a takeout

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restaurant and a drive-thru. Thank you. So MI 2023-003-746-8200-22 East Roosevelt Boulevard,

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I vote yes with proviso per amended refusal dated 1-24-24.

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Thomas Holloman, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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Thank you, counsel. You have your votes.

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Thank you. Be well, everyone.

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Is there anyone in the audience who had a 2 p.m. case that has not been called?

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I do not see any answer, Mr. Chair.

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Okay, so we're going to take a five-minute break.

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We'll come back and we'll finish the 330 list.

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Thank you, everyone.

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Thank you, Chair.

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We're ready.

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Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing this afternoon's 330 ZBA list.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Or board member Thomas Holliman.

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Thomas.

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Present, Mr. Chairman.

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And we also have an auditor board member with us,

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Emily Persico of the Division of Development Services.

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Present, Mr. Chairman.

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Thank you.

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Present also is Hillary Emerson, our attorney,

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and our executive director, Tanya Sunken.

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here's our virtual format be advised the proceedings are being recorded a video will

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be available by contacting tanya sunkett at phil.gov for the benefit of our court stenographer

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we ask attorneys and witnesses to identify themselves before testifying

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if you're participating by phone you wish to testify press star nine to raise your hand

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

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

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

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at our schedule for this afternoon.

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Number one, MI 2023-005-886-2749 Tremont Street.

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That case is continued.

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Number two.

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Wait a minute here.

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Number two.

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Wait a minute.

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No, number three.

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Number three, yeah.

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MI 2023-005-909-2119 Oxford Street, that case is continued. Number four, MI 2023-005-894-2300

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South 3rd Street. That case is continued. And number eight, MI 2023-005-911-4601

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Springfield Avenue. That case is continued. Are there any other requests for continuances?

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good afternoon mr chair this is jason and i will be your um co-host for this evening

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thank you i do not see any hands raised at this time i have two cases we do not have exhibits

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So MI 2023-001-074-2637 South Carlisle Street, Exend Zal is the listed applicant, and the construction company 1206 ZL Construction is the listed owner.

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This is the second listing.

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We have no exhibits.

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Is there anyone in the audience for this?

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mr chair i have a arena arena bugeva with their hand raised i have allowed them to speak

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okay i believe i believe um irena is here for another case on the list not for this one okay

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is there anyone from for 2637 south carlisle street

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no hands at this time sir thank you so mi20 23 001 074 2637 south carlisle street

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this is the second listing we have no exhibits no one appeared the first time i wrote to i vote

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to dismiss thomas holloman my vote is to dismiss jishman shaheed my vote is to dismiss thank you

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Number nine, MI 2023-006-161-4012 Wells Street.

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Stacey Thompson is the owner applicant, pro se.

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No exhibits.

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This is the first listing.

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Mr. Chair, I have a Jen Isdell with her hand raised.

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Okay.

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I will allow them to speak.

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Sure.

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Hi, could you state your name, please, and spell for the court's sonographer?

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Hi, my name is Jennifer, J-E-N-N-I-F-E-R, Isdell, I-S-D-E-L-L.

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Right.

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

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Yes.

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Are you involved in this case at 4012 Wall Street?

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Yes.

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are you the owner no i'm a neighbor okay and you're here to testify uh yes okay so i have to

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get i have to see if they're available first the owner i'm i'm i'm gonna call again stacy thompson

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of 4012

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Wells Street.

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No hands, Mr. Chair.

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So, MI

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2023-006-161

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4012

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Wells Street. This is the first listing.

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This case will be continued,

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but is marked, must be

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heard the next time.

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We're going to go to our list, and we're going to start with number six, to pro se.

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excuse me chair we do have one hand raised okay

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Excuse me, Chair.

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We do have one hand raised.

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Okay.

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that is from the the rco uh the rco chair so i mean for thompson street for well no for well

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yeah chris did you have a question related to well street yes i did my name is chris labovitz

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I was on earlier, C-H-R-A-S, L-A-B-O-V-I-T-Z.

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I am from the Tacony Civic.

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We did have a meeting with the owner of the property.

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They kind of jumped out of the meeting towards the end when we had a high percentage of neighbors on our Zoom meeting that were in opposition.

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And I just wanted to get that for the record, because I know that this is I know people been on here since, you know, three for a couple of hours.

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I just want to make sure we get registered as an opposition.

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Chris, thank you. And as you heard, we continue that.

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But Mark must be heard the next time.

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I just wanted to make sure that our paperwork was in there.

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That's all. Thank you very much. Thank you.

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Thank you. Thank you. OK, so we're going to go to number six.

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MI-2023-005-895-427-North Forty Street.

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Van Vo and Vu Lee are the owner applicants.

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The application is for use as a visitor accommodation in existing structure.

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Letter of support from the West Palatin Saunders Park RCO with a proviso for a temporary variance.

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Vu or Lee?

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Vu Lee.

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We'll join the panelists soon.

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Okay.

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Hi, Mr. Chairman.

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Hi, how are you?

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

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Yes, my name is Vule, spelled V-U-L-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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I do.

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And you're the owner of this property of 427?

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Yes, sir, I do.

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Okay.

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This application is for a visitor accommodation in an existing structure.

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The proposed use visitor accommodation is prohibited in the RM1 zoning district.

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Our vice chair has just a few questions for you, sir.

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Good afternoon, sir.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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sir i uh i did not uh email five days uh in advance uh i would like to request a special

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consideration due to hospitalizations understood is everything in as of now yes okay um please

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proceed and share yours thank you thank you mr chairman um first i would like to show that uh

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all the exhibits have been now submitted he's the uh scroll to very quickly these are all

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standard forms i don't have to yeah yeah we have all them oh okay so i'm gonna close that one no

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so i'm gonna uh i would like to start my presentation

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so thank you again mr chairman and the zba for allowing us an opportunity to present our

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