civus
Hearing video

ZBA Hearing - February 8, 2023

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

Mr. Chair, it's it's OK. We can we can. He's asking to withdraw this matter.

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We can withdraw here at bar. OK, cool. Thank you, Miss Emerson.

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all right do we have anyone else out in the virtual audience that case is for continuance

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i see no handshare okay we'll move on to the add-ons

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number one mi202-200-5078 1940 wharton street

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Sean Wellington.

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Mr. Whelan is coming back in as a

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panelist.

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This was going to be

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so this was just coming in for a vote

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and we're going to push this back to next week.

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I just wanted to let Mr. Whelan to know that.

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And we'll vote on this

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next week at the 2 o'clock session.

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all right moving on to the regular list

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am i two zero we do have another hand raised from one user all right let them in

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we have a calling user please unmute yourself and wait for the chair

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Miss, you can press star six to unmute yourself.

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Hello, hello, hello, wait a minute.

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I was just calling, I was waiting for 1940 Wharton Street,

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but the chair let us know that it's going to be voted on next week at the same time.

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Yes, at 2 o'clock.

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Okay, thank you very much.

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Any more hands, LaKeisha?

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Chair, this is Patina L, co-host.

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There are no further hands.

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Thank you, apologize about that.

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No worries.

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All right.

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Regular list.

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MI-2022005272, 5301 Chester Avenue.

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Alan Nockmson, the attorney.

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Mr. Nockmson is coming back in as a panelist.

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One refusal is for multifamily use of house living.

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is prohibited in that RSA5 zoning condition.

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Good afternoon, Mr. Chair, members of the board.

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Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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

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I do.

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Mr. Nockamson, please tell us about your client.

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Yes, my client is a property owner of record, which is Can Properties 1 LLC. And then the virtual audience is, excuse me, Khan. The virtual audience is Sabas Khan, who at the conclusion of my presentation, I would ask him to virtually raise his hand, be sworn in, and to adopt my testimony as his own.

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no problem council uh mr our board member thomas hollandman is going to ask you a few questions

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good afternoon council good afternoon do you agree to waive the reading

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of the refusal and stipulate to his accuracy i do i do you know all the exhibits and documents

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have required five days in advance and did you meet with the rco and do you have a letter

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yes in all respects thank you please proceed and share your screen all right thank you

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so i'm here to present 5301 chester avenue uh this property is at the corner of 53rd and uh

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chester uh it's in the southwest district uh section of the city uh during my presentation

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we'll review the notice of refusal. So this is an RSA-5 property with a long history of

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multifamily use. And as you'll see in my presentation, there are many properties

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within the vicinity of ours, which is similar to nature, RSA-5, but have a multifamily use

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RSA 5, but have a multifamily use as well. We did receive a letter of support from the Earth Keepers

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as well.

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We did receive a

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Inc., which is the coordinating RCO for this matter. They were also, you'll see their letter,

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they referenced the many letters of support we received from nearby neighbors. So not only do

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we have a letter of support from the coordinating RCO for this project, but also the people who

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be most directly impacted by this project are the nearby neighbors next we'll review the use

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registration permit for this property you'll see that this property does have a long history of

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multi-family use and that use registration permit shows that that this was a seven unit at one point

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and then it's not uncommon for this zoning board to grant a similar variance request we'll review

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requests that were made by 5303 Chester Avenue and 5307 Chester Avenue. And under similar

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circumstances, this board has granted variances for multifamily use on RSA5 properties. Next,

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we'll review maps of the area, photographs of the property, our plans and drawings,

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our RCO meeting notice, our application for appeal, our deed for the property showing that

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Khan, Properties 1, LLC is the owner of their property, and our certificate of tax clearance.

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Again, in the virtual audience is Savas Khan, who virtually raised his hand at the conclusion

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of my presentation, be sworn in, and then adopt my testimony as his own. And of course, we'll be

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more than happy to take any questions from the board. So notice a refusal. So yes, this is an

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RSA5 property. It's a significantly sized property of 1,764 square feet, and we only have

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one refusal. All we're trying to do is restore this previously multifamily structure to its

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natural beauty inside and out. As you can see from the notes to the ZBA, seven non-housekeeping

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units were approved by the same zoning board in 1982. And then a layer of support from the

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Earth Keepers, Inc., which is the coordinating RCO.

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Again, they have three whereas clauses.

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First, whereas this property has been a tremendous eyesore and extremely dangerous in the community

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at large, and they embraced the opportunity for this property to be transformed to something

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which was seen in the past.

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The second whereas clause stated that there have been several multifamily projects located

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on the 5300 block of Chester Avenue,

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which have been approved by this board previously.

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And the third whereas clause,

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they referenced the 24 letters to support,

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which we presented to them during the community meeting

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and which we have in our presentation packet as well.

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For all those reasons, they support this project.

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And then there's, you know, again,

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just a tally showing their support of the project.

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And then just, again, I do a key map,

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makes it really easy showing where those letters to support in relation to the property so number

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of the you know letters that we do have you'll see we're green we're in the corner 53rd and

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chester and you can see that you know where those letters to support were generated i asked my client

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to essentially focus on the people most directly impacted within the affected area uh and i think

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this map shows a good job of what we have done in terms of community outreach and then i'm just

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to go really quickly through those letters but you know obviously this was in your presentation

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packet which was delivered to the cba more than five days from the day of the hearing so if you

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had a chance to review it you would confirm that those were the addresses that were on my map

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that we created and then use registration permit again is reflected in the notice of refusal that

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at one point this property uh had seven housekeeping units in 1982 and this one

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reflect the previous multi-family uh usage of this property and then it's not uncommon for this

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zoning board to grant similar multi-family uh variances 5303 in uh you know in 2021 granted

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for nine units and then 5307 also in 2021 uh granted for four units and then maps of the area

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As you can see, we're at the corner of, excuse me, Chester and 53rd Street with Springfield as a connecting cross street.

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And then you can see from a Google Maps perspective where we are.

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As you can see, there's a bus stop right here.

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So there's ample public transportation as well.

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And then photographs of the property.

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As you can see, structurally, it's beautiful.

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And, you know, we're not trying to demolish a property and create a newly constructed property.

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We just want to restore this property.

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uh and the beauty of this property you'll see from the rendering we did create you'll kind of

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uh and the beauty of this property and you'll see from the rendering we did create you'll kind of

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get a feel

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get a feel of what we're looking to do here but it's a really beautifully beautiful architecturally

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significant structure so is that the current picture of the property yes yes if you go back

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two slides it looks like you said someone else on the block what's the addresses that did get

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the approval 5303 which is next door and that was a double wide lot so it's just a lot okay yeah

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5303 was a double wide lot and then 5307 which is so it was 5303 and 5305 and then 5307

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was another uh approval so the two neighboring properties received it um and i do want to say

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that like we do have more updated photos i believe we got this from google earth of what the condition

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was in the past year it's just taken so long for our hearing so i do think with the orange notice

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posters, you'll kind of see what we've done. We have tried to clean up the property from an

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exterior point of view while we've been waiting for this zoning approval process with permits,

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of course. So this is the side of the property from 53rd Street. Garbage is going to be stored

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in the rear. As part of this process, we are also, there's multiple forms of egress in the lower

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level, and one of them is like in the rear. So those steps were very important to make sure that

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we confirm that we're going to use those rear steps and the and the floor plans uh reflect

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that as such so this is our orange notice poster as you can see it doesn't show like the full

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height of the building but you can see even from here we're starting to restore the facade of the

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building to its natural significance and then this is from again the uh chester street side as well

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i think it's maybe the 53rd street side because it's corner property we needed an orange poster

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on both sides and then this is chester avenue uh to the right of the property chester avenue

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to the left of the property as you can see it's a porch neighborhood and we're keeping it as a

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porch uh south 53rd street to the right of the property uh south 53rd to the left of the property

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and then there are plans and drawings this is our rendering of what we hope that this property is

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going to look like refurbished and restored so obviously very pretty keep you know keeping the

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significance of the porch and again you know this unique uh roof line as well and just repointing

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the brick and things like that and then these are just our floor plans again three units uh

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on this property, excuse me, four units on this property. Each floor has its own unit

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of, oh, let me just go back. I'm trying to make it small enough, but large enough.

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Trying to show here, there's multiple forms of egress in the lower level, which was important

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to the community. So there's their front egress, as well as lower as rear egress for that lower

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leveling in it and then just our meeting notice we had our meeting sometime we had our meeting some

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time ago uh november 1st of 2022 at 6 30 p.m uh 106 uh addresses were notified of this meeting

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list of the addresses proof of mailing to those addresses proof of email to the rcos as well as

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this board as well as the planning commission as well as the uh the council members zoning aids

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and then our application for appeal showing that con real estate investment llc filed this uh you

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know they filed a notice of refusal the project information form showing that they own their

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property as well and then our certificate of tax clearance there's technically a balance of 462

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dollars and 80 cents but as you can see it's just for the 2023 tax year and those funds are not due

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until march 31st of 2023 otherwise we have paid our taxes every single year and thus we are tax

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compliant uh with that being said i would ask that uh mr khan uh virtually raise his hand to be sworn

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in okay mr khan please unmute yourself and wait for the chair

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yes sir good afternoon mr kine please state your name and spell it for the record

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sabas ken

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spell it for the record please s-a-v-a-s last name ken c-a-n

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you swear to tell the truth the whole truth and nothing but the truth

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I do.

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Continue, counsel.

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Yes. So, boss, you heard everything I had to say today about your zoning matter.

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Yes.

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Yes.

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And is it true and correct?

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And is it true and correct?

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It is true.

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It is true.

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And

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And do you adopt it as your own testimony?

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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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I see no, excuse me, Chair.

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Minister Enoch, I mean, please unmute yourself and wait for the chair.

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good afternoon good morning chair and members of the zoning board of adjustments i'm minister

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enoch e-n-o-c-h amen a-m-e-n ra r-a-e-l you're going to tell the truth the whole truth and

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nothing but the truth i affirm thank you yes earth keepers is what's the coordinating ratio

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in the subject matter and we request that the application for the multifamily household

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11 be granted and is based on the following the app the applicant is an expert when it comes to

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the subject matter and without being redundant as as part our um letter of support we request

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the honorable board to grant the application with that being said i yield my mic thank you

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any other callers in the virtual audience i see no handshare thank you planning commission

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Ron Bednar, City Planning.

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First name Ron, last name Bednar, B-E-D-N-A-R.

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Thanks, Ron.

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

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I do.

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All right.

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Property is indicated for residential on the city plan.

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Given its documented use history, we have no objection to the granular rights.

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Thanks, Ron.

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M-I-2022-005-272

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Excuse me, Mr. Chair. This is Hillary. We do have someone with their hand raised, presumably regarding this case.

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Okay, let's hear them.

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Chair, we have Kevin Washington.

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Mr. Washington?

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Please unmute your phone.

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Are you there, Mr. Washington?

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