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Hearing video

ZBA Hearing - February 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 8, 20234h 56m

and stimulate to his accuracy i do did you email all of the exhibits and documents that's required

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five days in advance to this hearing and did you meet with the rco and do you have a letter

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meet with the rco and do you have a letter uh yes to everything yes with one caveat and i'll get

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Oh, yes, to everything.

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into that at the beginning of my presentation thank you please proceed thank you mr chair

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before i do proceed i want to take note of the letter of uh non-support from the rco 44th ward

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I received that on Monday or perhaps yesterday, and then we had met with the RCO December 28th, and we had not heard back after that meeting.

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They had given us some guidelines on what to do with the plans.

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We resubmitted plans, did not hear anything back, and then this letter.

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So then I did speak to Mr. Willie Jordan yesterday about the letter, asking him, you know, I thought we were sort of trying to work through whatever issues there were.

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He did give me three additional items that he wanted to see fixed on the plans.

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Brian Letterer, our architect on the plan, on the development team, quickly made those changes and we resubmitted to Mr. Willie Jordan.

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but we did that about yesterday afternoon haven't heard from him since so what i'm asking respectfully

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is that we be able to present this case today but uh if you could hold the vote

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for a week to give mr jordan the opportunity to weigh in on the new plans that he just received

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yesterday because i do believe based on our conversation that we uh we addressed the three

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outstanding items that were causing him to send a letter of non-support no problem council thank

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you i appreciate that with that it's 5110 haverford avenue uh this property um is zoned rsa 5 although

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it's never been rsa5 uh it's never been a single family uh residence and let me show you here

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it's a vacant lot at the moment and what we would like to do is have

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it's a three-story building and we would put three units the first floor unit is

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almost a thousand square feet there would be a rear yard with trash storage which is dedicated

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on the plan the second floor would be over 700 square feet nice size two-bedroom apartment with

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an open concept living room dining kitchen and a specific trash closet for storage in addition to

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closets in both bedrooms, which it was important to the RCO that we add some closets.

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We have an additional closet here in the third floor living area, in addition to a trash and

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storage closet for dedicated trash storage, so that each unit has dedicated trash storage.

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Our initial plans had a roof deck, but that no longer exists on the third floor.

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The items that we were asked to address yesterday were to eliminate the roof deck altogether.

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We had a trash corral in the front.

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We were asked to move it to the rear yard, and we were asked to add closets to each unit.

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We've done all three of those things.

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As far as blocking is concerned, the property in and of itself will line up nicely with those properties that remain.

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There is a top floor that would be set back.

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And just bear with me for a moment.

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My computer is freezing up.

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As you can see here, first floor unit is 969 square feet, second floor unit is over 700

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square feet, third floor unit 732 square feet. Nice two bedroom units on what is a pretty

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big, busy, commercial-oriented, mixed-use streets.

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Let me show you.

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I mean, this is the area that we're looking at here.

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Not necessarily a quiet residential area.

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Very few single family homes. Here's our property in question, which is the vacant lot. Across the street is a large church. We've got a bar, a laundromat, several multifamily dwellings, a vacant lot, other boarded up properties all on the same block.

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Very few single-family homes.

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Here's our property in question.

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here's a two-story building with four apartments in the two-story then two empty vacant lots and

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then a vacant structure here on the corner so a brand new ground-up single-family development

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on a lot of this size on a block intersection that is anything but a quiet residential block

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would be extremely difficult to market and sell in this spot what we do believe we're offering

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is three quality products housing products that are in the 700 to 900 plus square footage which

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will attract a nice client with an approachable price point and that's one of the reasons why we

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went with the triplex obviously we can go to 38 feet and we do line it up nicely with the adjacent

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properties council are there are there any other three-story properties on this block

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They're all two-story, but our heights will line up with the two-story, as you can see.

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It's just a few feet above, so it's not inconsistent with the streetscape.

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And then the top floor, of course, is set back, so you won't be able to see it.

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So this is, again, you only have two stories here, and that closely lines up with the other two stories.

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The third floor is set back, which you will not be able to see from the sidewalk because of the setback.

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And we did not get refusal for the setback, obviously, because we met the requirements for that setback.

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And no height requirement of variance either. This is the vacant lot as it stands. As you can see, it's either commercial oriented or multi commercial mixed use.

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And of course, several vacancies and other vacant lots.

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because of the location of the property being at an intersection that is anything but supportive

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of single-family residential, because our variance is not for height or anything other than

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for the multifamily dwelling, and because the size of this lot, the location of this lot,

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Does not make it marketable or conducive to build from the ground up a single family residence and then rely on someone to either rent the entire house or buy the entire house, given the current conditions.

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we do respectfully request granting of the variants.

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We also, just to note again, parenthetically,

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that we've met now as of yesterday

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and would have been done sooner

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had we gotten the letter sooner.

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We've now met each and every condition of the RCO

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to garner their support,

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which is why we ask,

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we hold off on the vote for a week

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to hear from the 44th Ward.

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Thank you, counsel.

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Let's get your client on the line.

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Mr. Poisson, can you raise your hand?

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Sir, please unmute yourself and wait for the chair.

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Please spell your name.

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State your name and spell it for the record, please.

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Hi, good morning.

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My name is Poisson.

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Excuse me.

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Peter is in Peter.

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O is in Oscar.

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I is in India.

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S is in Sam.

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You is in Unicorn.

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O is in Oscar.

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And it's in Nancy.

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you swear to tell the truth the whole truth and nothing but the truth yes i do please proceed

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counsel thank you mr chair uh boy did you hear my presentation to the board today yes is it true

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and accurate to the best of your knowledge yes and do you adopt it as your own testimony yes i do

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Thank you.

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thank you questions from the board no mr chairman

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Questions from the board?

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No, Mr. Chairman.

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Thank you very much.

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Thomas, you're on mute.

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No, Mr. Chairman.

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Question from the virtual audience?

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I see no hands, Chair.

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Planning Commission?

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Thank you, Chair Shahid.

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Ian Hegarty, on behalf of the Philadelphia State Planning Commission, board members,

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the comprehensive plan recommends no change to the existing RSA 5 single-family zoning at this

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location. However, given the adjacent non-conforming uses, the city planning commission recommends that

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the board grant the variance. Okay, so we're going to actually close this case. No more additional

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requirements except the letter for the RCO. And Hillary, is it okay to say we can vote on this

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next week at the 930?

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Yes, Mr. Chair.

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As long as the RCO

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documents are in.

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Correct. We'll hold the record

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open for a follow-up

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letter from the RCO.

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Otherwise, the record is closed and we'll plan

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on voting this next

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week unless we receive requests

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from the parties to extend the vote further.

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Thank you.

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Mr. Anastasio, you got

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anything else you want to add?

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Thank you very much, Mr. Shahid. Appreciate it.

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No problem. You have a good one.

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You too.

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Number 13, MI-2022005302, 2002 Fairmount Avenue.

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Attorney for owner, Xin Jin.

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Mr. Jin is coming back in as a panelist.

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Thank you.

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good morning good morning we've already got you in this this uh spell your name it's data for the

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record we've got you already one time yes zenjin z-h-e-n-j-i-n 1617 john f kennedy boulevard suite

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1838 philadelphia pa 19103 on behalf of the applicant all right our board member is going

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to ask you a few questions good morning counsel do you agree to weigh the reading of the refusal

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I do. I do want to point out there is a correction.

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Okay.

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Do you have a letter?

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Yes, to all questions.

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Please proceed and share your screen.

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Thank you.

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i'm going to share with the board the documents we have previously submitted

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um can everyone see the exhibit yes thank you uh this is an application for a

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use the original refusal uh which is correct i will show that in a second is for a use

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of a RM1 property next door to an existing property that is a restaurant as an accessory

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kitchen. It's essentially a property that will be used solely as a kitchen accessory to an

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existing restaurant next door. There are two separate properties. So this is being zoned

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as of itself. We did get a corrected refusal in this case. In fact, it just came in last night

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per the ZBA council's request to L&I.

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The corrective refusal indicates for commissaries

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and catering service.

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My client's not actually doing catering service,

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but it is to the kitchen would cater

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to the restaurant in that sense.

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So I just want to make sure

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that is the correct categorization

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because this is an accessory kitchen to a restaurant.

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To better understand what we're trying to do here,

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The community letter of support actually states it pretty clearly, what my client is trying to do.

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We have an existing restaurant at 2000 Fairmount Avenue, and this is 2002 next door.

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2000 has two residential units on the second floor and a business on the first floor.

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2002, which is also owned by my client, is right next door, zoned REM1.

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However, surrounding 2000 and 2002 are additional commercial uses, and therefore, it is really sandwiched in the commercial use section of the block.

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And because of that, the community says that they are in support of our request because we're not going to have a negative impact on any residents.

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And this use would also be consistent with what was used next door, which is a popular pizza restaurant.

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The RCO did enter into an agreement with my client with regard to some.

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RCO did enter into an agreement with my client with regard to some property updates and repairs

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to the facade. That will be done pursuant to a community benefits agreement that he's entering

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into with the RCO. But this is the actual building in question. We're talking about what used to be

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Stephen's Day dry cleaners. This property will be used as a kitchen. There's no outside service.

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There will not be any customers or anybody entering.

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It's purely a kitchen, and it will service this existing restaurant, which is right next door.

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And that's really the gist of the variance request here.

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There's no real specific plans to be discussed here other than this entire space, which is the 2002 Fairmount Avenue, will be used as a kitchen space.

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So it'll be set up as a commercial kitchen, venting to the roof, but there'll be no other uses of the property at this point.

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So that is essentially our request before the board, just to use it as a kitchen.

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Because this is a commercial use, again, we have a refusal due to the RM1.

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We would argue that, of course, there is a hardship to simply maintain RM1, and they're trying to expand a non-conforming use, and expansions of non-conforming use is generally favored in zoning situations.

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So we would ask the board's favorable review of this application, considering that both the community and my client has shown that it would not impact any residents in the area in a negative way.

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My client is here, Mr. Savas.

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He can verify my testimony, and I'm happy to redirect to any part of the exhibit for the board.

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Sure. Let's bring your client in, please.

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Sure. Savas, can you virtually raise your hand to be identified?

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Sir, you can unmute yourself and please wait for the chair.

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Hello? I'm here.

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Yes, please state, please spell your name and state it for the record, please.

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My name is Savas Navrosidis, S-A-V-B-A-S, N-A-V-R-O-S-I-D-I-S.

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Do you agree to tell the truth, the whole truth and nothing but the truth?

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Yes, I do.

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Please proceed, counsel.

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Thank you.

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Savas, did you see my presentation and hear my testimony before the zoning board?

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Yes, I did.

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Can you verify what I have represented is true and correct and adopt it as your own testimony?

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Yes, I do.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions from the virtual audience?

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