civus
Hearing video

ZBA Hearing - May 20, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 20, 20266h 4m

Okay. Can you briefly summarize your professional background?

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Yeah, I'm a professional engineer in the State of Pennsylvania, 25 years experience, and have testified before this board before.

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next i'd like to introduce mr tweedy as an expert in civil engineering um does this project disturb

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land whose slope ex well actually i'm going to back up and just note that we do have steep slopes

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on this property uh we are on the steep slope overlay and we have what our existing man-made

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slopes that were there on the property that are a result of the existing building um mr tweedy

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does this project disturb land whose slope exceeds 25 yes um are the steep slopes that exist on the

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property today naturally occurring or man-made they're man-made in fact many of them are

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structural retainer retaining walls themselves that are man-made um stone features as was

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discussed by the architect fronting on terminally and i'm showing on the screen some of those stone

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walls that exist on the on the property um so those actually the zoning code does not

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distinguish between man-made and naturally occurring steep slopes uh mr tweety can you uh

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please briefly describe the interventions and improvements as shown on the earth moving plans

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that we submitted in exhibit nine yeah as noted with the goals of the project and the frontage

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improvements we saw photos of a lot of the slopes occur along mermaid lane there are walls uh up to

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seven feet high in that road there are two existing driveways that we're maintaining as part of this

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and then there's the existing meeting house itself um that sits

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that sits in the middle of the site we tried to maintain the existing driveways and are using those

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we have to widen one of them slightly but as you get to the rear of the property we then have to

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redesign regrade and recirculate those private driveway the private roadways through to get

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private driveway the private roadways through to get access to the site so from the steep slope

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access to the site so from the steep slope perspective

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perspective our goals were to maintain the frontage walls and the slopes and the trees

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along mermaid lane and then up into the entrance but as we get into the site and regrade those

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driveways we do have to regrade some of the retaining walls themselves and the slopes above

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and beyond some of the slopes are also in and around directly abutting the existing building

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the institutional building that's being demolished. So obviously those slopes will be disturbed

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when we take down that building and then regrade the land to install the new roads and buildings.

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Thank you. How will the steep slope condition compare to the existing conditions after completion

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of the restoration project? Yeah, like we said, we're going to maintain a lot of the existing

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slopes and walls in the front, and then we will remove those features in the back. We will remove

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some of those steep slopes um similarly to the existing site a lot of the some of the steep

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slopes on the existing site um is natural mamma grading in between tiered parking lots we're going

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to have similar issues here where in between units there'll be individual grading in between but it's

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traditional you know site grading for a residential community such as this site and can you uh

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describe the protections that will be in place for the project for erosion control and yeah i mean

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obviously there is uh the subject regulations with pwd for stormwater so there are drastic

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improvements to stormwater and drainage on this property one of the biggest problems with this

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property historically has been there's very little on-site drainage infrastructure so a lot of the

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water drains into the large parking lot and goes to a very small inlet in the lower corner we are

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installing all new drainage systems installing new connections out into mermaid lane increasing pipe

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We have a lot of different type sizes connecting all that through our stormwater practice, which has seven basins, which we work through with Pwd on our zoning approvals for Pwd sign off.

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And then, similarly, during erosion control, we will have all necessary self fence and diversion socks to control runoff and directed to that, you know, new storm drainage infrastructure.

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Thank you. The zoning code of Philadelphia requires that disturbance of steep slopes meet certain criteria listed in code section 143038 I.

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Mr. Tweedy, is it correct that you're you submitted an affidavit concerning the steep slope disturbance and that that's included in exhibit nine?

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Yes, I did. And yes, it is.

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And is it correct that the proposed earth disturbance will meet the requirements for steep slip variances contained in section 14 303 38 I, including that the disturbance will not result in an increase in stormwater runoff?

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Correct. As noted, there is a large reduction in impervious coverage as a result of this project and will actually improve stormwater runoff in the property.

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And is it correct that the proposed interventions will not result in the shifting of soil to adjacent buildings or property?

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yes as we noted we one of the main goals was to maintain the slopes and the existing walls

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around the existing meeting house and limit the disturbance of the steep slopes um behind that

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meeting house up further into the slope of the property and is it correct that the proposed

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project will not increase the likelihood of loss of property it will not in your professional

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opinion will the grant of the requested variance uh in any way cause detrimental impact on the

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health safety and welfare of the neighborhood yeah it will not and is it correct that the

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variance for steep slope disturbance if authorized will represent the minimum variance that will

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afford relief that is correct uh thank you mr tweedy um i would just like to move uh applicants

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exhibits one through 20 into evidence and we are happy to answer any additional questions i know i

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went very quickly so nope um did you show the uh configuration of the units are they all like two

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We did not show the floor plans of the building. I'm happy to have our tech come back up and discuss it.

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If you have any questions, just in case the board has any questions. But you can bring your client on to adopt your testimony.

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Hi, could you state your name and spell it for the record, please?

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certainly kevin trapper k-e-v-i-n-t-r-a-p-p-e-r and do you swear or affirm to tell the truth the

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whole truth and nothing but the truth i do okay all right counsel uh mr trapper did you uh hear

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what i said today i did and was it true and accurate yes and would you adopt it as your

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own testimony i would thank you okay all right so um i'm gonna ask you questions for the boards but

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i have one question um the border of the whole project when you showed the whole site plan um

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Is it trees that are bordering or what's the border for the project all around?

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I see some trees.

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I see some stone walls.

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Is it a mixture of both?

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Yes, a mixture of both.

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And along the frontage of Mermaid Lane, as was mentioned, it's maintaining a lot of the existing large existing trees.

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it's maintaining the existence a lot of the existing large uh existing trees and the stone

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wall that has been along there so the the existing stone wall is actually along the western segment

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um the center segment and then we will be adding a stone wall there's currently a fence there and

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we'll be adding a stone wall to mimic the existing stone walls that exist okay to really kind of

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bring that that frontage together and unify the site thank you all right questions from the board

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what's what's the uh the rectangular square boxes behind each one of the

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houses what is that part of the stormwater management or what's what what are they they're

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they're patios for each of the individual houses okay so those are those are just patios because

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the storm the stormwater management is are these sort of swales are that are in between the

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the groupings right those are in between the groupings right other questions from the board

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questions from our attorney not at this time okay uh questions from the audience

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come on up you know i do not see any hands in the virtual audience

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okay thank you we have uh someone present here

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good evening could you state your name and spell it for the record please

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camille peluso c-a-m-i-l-l-e i'm sorry this is the reporter could you please

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bring the microphone closer to you i can then all right say it again state your name

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is spelled for the record camille c-a-m-i-l-l-e peluso p-e-l-u-s-o um and do you swear or affirm

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to tell the truth the whole truth and nothing but the truth i do okay and are you a near neighbor

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i am a near neighbor i am an architect and i'm an author of the nco that we wrote for this

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particular property okay all right you want to uh uh do you support or oppose the project i support

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the project and um i just want to let everybody know that we work very closely with the golden

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of our group and we approve everything we've done because we've worked closely together and I think

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it's a model of how we should work together to provide new housing and the thing I like about

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the best of it is that it has it represents a lot of the architectural details that we have

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in Chestnut Hill and it is I think beautifully executed okay all right thank you thank you for

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testimony anyone else from the audience here all right planning commission

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amy boy with the planning commission the comprehensive plan recommends no change in

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zoning at this location from the current rsa three residential single family the proposed development

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is in harmony with the surrounding neighborhood moreover the proposed density aligns with the

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required lot size for this zoning district and therefore is in spirit of the zoning code

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the planning commission recommends that the board deny sorry the board grant the requested variances

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uh for multi-family multiple principal uses and buildings earth moving porches building

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height and third story setback all right thank you amy mi 2026 000442 102 east mermaid lane

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my vote is yes. Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes. Ryan McAdams,

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my vote is yes. Kyle Lynn, my vote is yes. All right, thank you. Thank you so much for your time.

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Thank you. I believe we are scheduled for a break right now. So I know we've been going long,

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so for those of you who are still on the two o'clock list, so we're just going to take a quick

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five minute rest? Okay, we'll be back in five minutes. Thank you. Thank you.

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Here, let me get my thing out. Number 12.

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This here.

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MI 2026-000-451-401 West Olney Avenue. Douglas Stern is the attorney.

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I'll be coming back in as a panelist, Mr. Chair.

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Thank you very much.

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I'm Mr. Stern.

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This is Stone, if you are available

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Mr. Stern, if you're available, please unmute.

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D.O.U.G.L.A.S.

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Sorry about that.

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I thought it was.

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Sorry.

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Now I'm ready.

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D.O.U.G.L.A.S.

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Mr. Stern, could you please state your name and spell for the stenographer?

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D.O.U.G.L.A.S.

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D.O.U.G.L.A.S.

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D.O.U.G.L.A.S.

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D.O.U.G.L.A.S.

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D.O.U.G.L.A.S.

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D.O.U.G.L.A.S.

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D.O.U.G.L.A.S.

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D.O.U.G.L.A.S.

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nothing but the truth yes mr stern we have a letter from 42nd ward rco in unanimous support

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our vice chair has a few questions for you sir good evening have you submitted your documents

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and exhibits five days in advance of this hearing yes and do you waive the reading of the refusal

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and stability to its accuracy yes all right thank you you can share your screen and proceed with

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your case okay um i i believe i am sharing it right now um so 401 west alany avenue is the

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northwest corner of fourth and alany my client purchased this property in 2000 and it was had

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it before she purchased it the first floor was commercial use it's been in commercial use and

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i'll go over my exhibits um since 2009 so when she purchased it she thought the first floor was zoned

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for some type of commercial use.

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She's been running a nail salon.

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That's her livelihood, son's hair salon, since she bought it in 2000.

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The upstairs is just rented out as apartments.

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So going down, what happened was we started getting notices from L&I for various violations.

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She's resolved all the violations except for the one that has to deal with you needed to get zoning

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to operate a commercial business on the first floor.

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So we entered into an agreement with the city, and we have until August to straighten this situation out.

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And these were the violations, and we did every one except for the last one, which was obtain zoning permits.

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So that's what we did.

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And then the refusal is it's residential RSA3, and just go down that.

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So just the rest of the standard documents.

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We had the meeting.

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We have all your documents.

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I was just going down.

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What we need is if you show us your photos and maybe if there's some drawings of the project.

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Yeah, it's real simple.

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Here's pictures of the zoning posters that were put up, and then you can see the nail salon.

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That's the entrance.

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It's on the corner, so that's the other side that you see, and then the zoning poster.

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And then some views looking down the block, and you see it's on the corner, it's been there, it's got the ramp, there it is at 4th Street.

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You see on the other corner properties across the street, there are other commercial activities on the corner property, so it's not unusual in this neighborhood.

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There's another picture of the outside.

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Here's the inside. It's just a small hair salon. That's all they do is hair.

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Different views inside.

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Here's some of the existing floor plans showing the size and the shape. Just the first floor,

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and you basically saw all the pictures. Just showing that she purchased it in September.

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That's the deed from Antoine, and that name you'll see in some of the zoning documents

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from before.

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And so since 2009, this is what happened when Antoine Pierre had it.

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He got the zoning variance to operate a commercial thing.

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It looks like a multi-service business, so everything's pretty much the same.

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There's some old pictures of what it looked like since 2009, see Antoine's multi-service,

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so it's always been commercial and you see that the commercial properties across the street have

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changed but sort of always been around there just these are old pictures back from 2000

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that's basically everything um and we went to the community and they're in agreement with it

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and my client would be a great hardship because she purchased the property under the impression

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it was zoned for commercial and that she's done everything to comply the community's happy with

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her the business um hasn't created any hardships around the community um and we just want to keep

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the status quo i don't know if anybody has any questions did you have do you have your tax

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compliance i was having an issue getting that submitted every time i go on it i either got her

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name not proper or the opa i had to i was going to go to tax clearance tomorrow morning to get that

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i know all the taxes have been paid i did check the record um but every time i go on and put the

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name and it says you know gotta try back in 10 minutes i don't know if her name's back we uh

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I don't know if her name's backwards.

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We believe you're compliant.

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we we believe you're compliant

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Yeah.

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All right. So why don't you do this? Why don't you bring your client on

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and have your testimony adopted?

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Yes. Okay.

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Okay. Two, if you're there, raise your hand on that button.

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Somebody's there. They don't want to hold on.

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Let me just text her. Wait, let me just text her. Can you hit the button to raise your hand so they

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can let you into the meeting mr stern yeah i know i'm texting my client i thought because she okay

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it's such a long thing she was up she went back to the alany street address and she's on her

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cell phone i told her all right so i i hope she knows how you're an officer of the court

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we will accept your testimony okay thank you questions from the board

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