civus
Hearing video

ZBA Hearing - September 17, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Sep 17, 20256h 43m

Okay, thank you.

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I have no further questions.

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I do have the architect on, but I don't think it's necessary for them.

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Questions from the board.

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Questions or comments from our attorney, Hillary Emerson?

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Yes, Mr. Chair, can you hear me?

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I can, yep.

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Okay.

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I just want to note that this was listed erroneously on our calendars being in the 5th Council District.

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That's why we got a letter from Council Member Young and also a letter from Council Member Squilla,

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which is the district that this property is in.

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So I just wanted to clarify what happened there.

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Thank you very much.

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Questions or comments from the virtual audience or the present audience?

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Chair, I see no hands at this time.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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A-M-Y-B-O-Y-D.

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

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I do.

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Please proceed.

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The comprehensive plan recommends no change to the existing CMX2 commercial mixed use at this location.

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The appellant has demonstrated that the proposed takeout restaurant

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in the multi-use building would not cause detrimental impacts

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beyond what would reasonably be expected.

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There are several similar businesses along the stretch of the commercial corridor,

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and it would not be out of character for the neighborhood.

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The Planning Commission therefore recommends that the board grant

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the requested special exception for a takeout restaurant.

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Thank you.

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um mi 2025 001 583 332 to 34 west drada avenue i vote yes would provide those limiting use

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to unit number one venting through roof interior trash storage commercial trash

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pickup three times a week hours of operation 10a to 3a daily

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can we can we clarify the unit one to be i don't know if we actually specified units um just to

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figure out uh hillary yeah the unit one is what was listed in the lease okay that's why i put it

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put it there oh no no no that that lease is for 713 the lease that's in there is for 713

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um that i have up here this lease

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this lease there's no lease in the ownership because my clients own the property so this

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there's no lease in the ownership because my client

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lease that's in there is for 713 not for not for the subject premises that was just showing their

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other operations that they have and when they stop provisions there okay all right then we can strike

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that proviso yeah because i don't think actually these days ellen i'd in from terms of zoning

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doesn't specify where in the building they are unless it's something that's specific with the

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Read it again, Hillary.

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Yes, please.

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Thank you.

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MI 2025-001-583-332-34 West Gerrard Avenue.

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I vote yes with proviso.

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Venting through roof, interior trash storage, commercial trash pickup three times a week, hours of operation 10-8-3-8.

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Daily.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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I am McAdams. My vote is yes. We'll provide those.

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Thank you.

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Okay. Number 15, MI 2025 001 587 5035 Spruce Street. Tameka McCoy is the attorney.

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There's a letter of support from one on Hill Community Association, 12 in support, one opposed.

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Tameka McCoy, please raise your virtual hand.

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Tamika?

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She's coming in as a panelist now, too.

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Thank you.

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Thank you.

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Good afternoon.

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Tameka, sorry, by the way, the delay, but I see you have a couple cases this afternoon anyway.

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

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Sure.

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It's T-A-M-I-K-A.

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Last name is M-C, capital K-O-Y, Tameka McCoy.

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

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Yes.

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You identify your client, their relationship to this property.

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Sure. The property is 5035 Spruce Street. My client is Dr. Reginald Banks, who owns the premises. I'm going to share my screen.

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And Tanetta Graham has a few questions for you.

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Okay.

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Good afternoon. Have you submitted your documents five days in advance of this hearing?

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Yes, I have.

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And do you waive the reading of the refusals and stipulate to their accuracy?

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Yes, I do.

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Okay, thank you. You may proceed and share your screen.

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Thank you.

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On the screen is the notice of refusal.

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This is a proposal for a multi-family dwelling unit that proposes four actual dwelling units.

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Each of the units are two-bedroom apartments.

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I'm going to move quickly.

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This is a photograph of the exterior of the proposed property, and this is a photograph

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of the exterior of the proposed property with an adjoining building that has the exact same

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floor plan as what is being proposed.

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Essentially, the final project is going to result in a structure where both units look

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exactly like this unit that has already been presented and completed. The notice had been

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affixed and the plans that are submitted are the plans that were exactly the same as the other one

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that's next door. This is the existing floor plan. It shows essentially one, two, three, four

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floors that includes the, or that doesn't include the basement. The basement is the fifth.

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What is being proposed essentially, and I'm going to just turn this so that it's easier for you to

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see. Okay. So the first floor unit is going to occupy the main front entrance where you enter

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the unit this way. They also have two stairwell. The back stairwell is going to access a storage

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space in the lower level basement for that first floor tenant. The basement has windows that goes

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along the side alleyway of the property that allows natural light there. And then the other

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And then the other three tenants are going to have storage space in the basement in the

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three tenants are going to have storage space in the basement.

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front section.

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There's a separate entrance that allow for access directly into the basement, and there's

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an exit at the front and an exit at the back for emergency purposes.

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That's the basement.

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The first floor has two bedrooms, a living space, kitchen, and two bathrooms, one for

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each of the bedroom units.

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When you go upstairs, there are scissor steps that basically exist at the front and at the back of the property.

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So each apartment has two stairwells that it can access.

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But each has two bedrooms.

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There's a living room, a kitchen, and two bathrooms in each of the units.

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In the back, one of the provisios that the owner made with the local residents was to utilize a Juliet door in the rear of each of the unit, rather than a full balcony, and the community was in agreement with that slight modification.

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So the balcony door here says Juliet because it would essentially be a Juliet door with safety brackets, not a full balcony.

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The community is the Walnut Hill Community Association.

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six members that voted in favor were present there was one who did vote against but after

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we were able to reach the agreement with regard to the rear balcony I believe the community was

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in support of the project and as I had indicated what it will do is bring the project around full

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circle so that the building essentially would mirror what is existing exactly next door in the

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area uh 60 of the block have multi-unit um apartment living um in this particular community

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and on this particular block because of the size of the houses it's really it's a really large

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space. And with that, I would ask that Dr.

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Burks be admitted to the meeting to adopt my testimony

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and address any questions of the board.

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Dr. Burks, please raise your virtual hand.

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I see no hands, Chair.

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Okay. Counsel, you're not sure the court will

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take your testimony. Okay, very well.

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Questions? Go ahead.

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Do you want to say anything else, Tamika? No, I was just going to address any questions you guys

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had. Sure. Questions from the board. Is this

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a tear down? Are you tearing down the house and then re-erecting it

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as the copy of the other side? No, it

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wouldn't have to be tearing down. Essentially, the existing

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building will be there. What happens is the third floor is going to be reconstructed to

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redo the roof line. And then there would essentially be a bow that would be erected

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that will go the length of the building, the front of the building. But the existing structure

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is going to remain. Okay. Thank you. Other questions from the board?

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Yes. I guess, can we go back to the floor plans?

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Yes, of course.

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Okay.

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Okay. So each one of us has little pet peeves.

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I don't like when bedrooms are so far away from bathrooms

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that you have to kind of wander around in the middle of the night

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going through the kitchen to get to a bathroom.

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So that's just something that I think, you know,

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somehow or another we need to be closer.

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You know what I mean?

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That's one of my little pet peeves about this layout.

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otherwise i mean i'm not and the bedrooms in the front have bathrooms right there

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yes yeah so the the first floor both of the bedrooms are actually immediately adjoining

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the bathrooms right yeah it's only when you get to yeah when you get to the other floors

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It's only when you get to, yeah, when you get to the other floors.

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yeah we'll put the younger people in the

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We'll put the younger people in the back bedrooms so they can make the long trip down the hallway.

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But the one is immediately.

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Counsel, that's pretty being quick on your feet.

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I'll tell you that.

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Yeah, and I think I heard that earlier today.

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The young people back there, then it will matter.

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But, you know, any other questions from the board?

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I guess the only comment is make sure that in your living room you've got some windows

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because right now you don't show any windows.

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Okay.

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Okay, I can talk to the architect about that.

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They need to hang the TV, though.

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They need some light and air more.

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Questions or comments from our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the audience or the virtual audience?

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i see no hands share planning commission amy boyd with the planning commission the

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comprehensive plan recommends no change to the existing rsa3 residential three family

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attached zoning at this location there is no unique physical condition or circumstance of

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the property that would prevent it from being used in strict conformance of the zoning code

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the community was involved in remapping in this area in response to the west district's plan

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recommendation in 2019 and chose to intentionally retain single-family zoning of this block.

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Therefore, the Planning Commission recommends that the Board deny the requested variance for

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multi-use, maximum occupied area, and rear yard setback. Thank you. Hillary, do we have revised

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plans on this? That's a good question, Mr. Chair. There was a reference to the revised plans by the

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RCO, but I didn't see anything submitted or a proviso form by the applicant.

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All right. Thank you.

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Ms. McCoy, are there any changes to the plan since they were reviewed by L&I?

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Only to show the basement windows.

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And that's what...

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Okay. Okay. So if there were changes that you want incorporated, we do need to adopt

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revised plans and we need those submitted along with the proviso form.

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So that is what was. Go ahead. That is what was submitted.

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OK, so there wasn't there weren't any changes since Ellen and I reviewed the plans because the RCO referenced updated plans.

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So the only modification was to show the actual windows in the basement.

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And when we realized that that's what was submitted to the board, and so that's what we are showing here, are you proposing that we submit that somewhere else?

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Well, are those the same plans that were reviewed by L&I in order for the refusal to be issued?

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Yes.

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Okay.

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If so, then there's no revised plans.

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That's what I'm asking.

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If there is changes made since L&I reviewed them in order to issue the refusal, and you want those changes memorialized, we'd need revised plans and a proviso form for the board to adopt.

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Okay.

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So, but it doesn't sound like there were any changes.

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No.

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Okay.

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All right.

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Thank you.

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Thank you.

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