civus
Hearing video

ZBA Hearing - February 8, 2023

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

Chair, you can...

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You went out. What'd you say?

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I said, Chair, you can continue.

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Okay, no problem.

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MI-2022-005272, 5301 Chester Avenue.

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My vote is yes.

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Ishmael Shahid.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thank you.

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Congratulations.

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Number two, MI2022005285, 3712-14 South 11th Street.

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Attorney for Lieutenant Jerry Klein.

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Mr. Klein is coming back in as a panelist.

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Thank you.

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good afternoon mr chair members of the board jared klein it's j-a-r-e-d

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last name is klein k-l-e-i-n from blank rome 130 north 18th street in philadelphia

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

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yes i do please give us the uh connection to you and your client

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certainly i am very very pleased to be here on behalf of the nfc champion philadelphia eagles

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who are the tenant at this address okay uh our board member thomas holliman has a few questions

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good afternoon counsel do you agree to waive the reading of the refusal and stipulate to his

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accuracy i do agree to waive the reading and i stipulate to the accuracy of the refusal that

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there was an address clarification that i had explained to miss emerson so i i will note that

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for the record okay did you email all of the exhibits and documents as required five days in

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advance the rco do you have a yes we met with the rco we had a letter and all that was provided to

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the board five days in advance thank you please proceed and share your screen thank you very much

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So, as I noted, we're here for...

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So, as I noted, we're here for 3712 to 14 South 11th Street. That lot is also known as 1020 Pattison Avenue.

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Just to briefly clarify for the board, because of the way the Eclipse system works, and there's an exhibit in my packet that shows this, 3712 South 11th and 1020 Pattison come up as the same parcel.

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We were limited in how we could get the application into Eclipse.

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So we would ask that if the board is inclined to look positively on this, that they just

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confirm that the address is an AKA of 1020 Pattison, so there's no confusion at further

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permanent.

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So what are we looking to do?

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So I said I'm here on behalf of the Philadelphia Eagles, who are donating some space in the

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lower level of Lincoln Financial Field to a non-profit called Popcorn for the People.

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I'm sure that the board members have heard of the Eagles Autism Foundation.

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This is in conjunction of that.

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Autism and autism care is a very important issue to the Eagles and their ownership.

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And so what they're looking to do is donate a small portion of their lower level for the

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manufacturing and distribution of popcorn.

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The operator is going to be a business called Popcorn for the People, which specializes in neurodiverse employment and provides job opportunities for those that are on the autism spectrum.

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And so we think it's a very good use for a small portion of the inside of the building.

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Just to orient the board, obviously, this is what we're talking about here.

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As I mentioned, 3712 South 11th and 1020 Patterson both come up with the exact same parcel.

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So I wanted to point that out for the board.

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Obviously, photos of the exterior of the structure need very limited introduction.

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We did post on all four corners of 10th and Patterson to ensure that there was proper notice for whomever wanted to attend.

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The actual facility itself is going to be in this lower level area of the stadium.

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These are the plans here.

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It's going to be a very small manufacturing site with the limited opportunity for manufacturing that will be sold both inside the stadium and some off-site sales to third-party retailers.

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Obviously, that will happen on non-game days.

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And so the traffic impact will be limited to, you know, one small box truck coming in and out of the stadium area on days when there's going to be very, very little other traffic there.

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Just to contextualize where the space is within the general context of the building, this is the concourse here, and there's some mechanical rooms along here.

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And this space opens right out into the loading dock of the stadium.

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A little bit about popcorn for the people.

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Just as I mentioned, they specialize in neurodiverse employment opportunities and are very active in this space about getting positive job opportunities to that community.

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We did meet with the Veterans Stadium Neighbors Association.

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Their letter of non-opposition is here.

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As soon as they realized that we were talking about a space inside, you know, completely

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contained with the Lincoln financial field, there's really no impact to anyone, and nobody

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lives close enough to where this activity is taking place to really have any neighborhood

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impact.

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I will ask at this point, Chris Fink, if he could raise his virtual hand, to adopt my

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testimony.

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Mr. Fink, please unmute yourself and wait for the chair.

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Good afternoon.

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Good afternoon.

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Please state your name and spell it for the record.

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Christopher Fink, C-H-R-I-S-T-O-P-H-E-R, Fink, F-I-N-K.

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you swear to tell the truth the whole truth and nothing but the truth i do thank you continue

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counsel thank you very much uh mr fink did you have the opportunity to hear my presentation

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this afternoon yes uh do you adopt my statements as true correct and your own if you've been given

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the opportunity to more fully testify yes thank you very much uh mr sherry i don't have anything

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further. Thank you. Questions from the board? No, Mr. Chairman. No, Mr. Chairman. Questions from

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the virtual audience? I see no handshare. Planning Commission.

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I see no hands, Chair.

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Planning Commission.

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Ryan Bednar, City Planning.

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Property is indicated for special purpose sports stadiums on the city plan.

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We recommend requests for various programs.

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MI-2022-00528485, 3712-14, South 11th Street, a.k.a. 1020 Patterson Avenue. My vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Congratulations Mr. Klein. Thank you very much. Appreciate your time. Number three, MI-2022-005270. 3329-33 East Thompson Street. Alan Nockamson is the attorney.

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Mr. Nockamson is coming back in as a panelist.

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this is for a uh legalization of a first story first floor addition to the rear facing web

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Good afternoon, Mr. Chair, members of New York, Allen.

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Yes.

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Please state your name and spell it for the record.

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Well, we already had you in there.

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Can 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. Holloman is going to ask you a few questions.

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Okay.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do. Oh, wait, I actually don't. I apologize. In one respect, I don't. I have an objection to the refusal with respect to the maximum occupied area. I dispute that there should be a refusal in that respect, but we'll review that during our presentation.

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okay did you email all of the exhibits and documents as required five days in advance

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to this hearing did you meet with rco and do you have a letter uh yes in all respects

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thank you please proceed and share your screen thank you

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uh so good afternoon again uh alan occamson i'm here to present 3329-33 east

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Thompson Street. This property is located in the Port Richmond section of Philadelphia.

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In the virtual audience is Donna Rae Lee, one of the owners of the property. At the conclusion of

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the presentation, I would ask that she virtually raise her hand, be sworn in, and to adopt my

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testimony as her own. We'll review the notice of refusal first. Again, this is, as you can see

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from the building structure before uh this was a garage structure which had an addition

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and we're essentially just legalizing the addition with a proviso to be included for storage and

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materials inside but not outside of the structure we have a letter of support from the port richmond

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on patrol and civic association uh better known as propac as well as the district council member

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Councilman Squilla. We also have a petition from nearby neighbors and letters of support

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from nearby neighbors. Donna Rae Lee and her father are well known in the Port Richmond

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section. The Robinsons have been living in this area for generations, so they're well

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known to this community, and that's why the community supports them in this endeavor.

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even though we object to the refusal about lot coverage we did you know prepare a map showing

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that there are nearby properties with near or full lot coverage so even if there was such a

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refusal which there's not you want to be out of character to have full lot coverage in this

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neighborhood we'll then review maps of the area for the rest of the property or plans and drawings

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or our serial meeting notice or application for appeal or deed to the property as well as

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or certificate of tax clearance. Notice refusal. So this is an RSA 5 property. As you can see,

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we're legalizing one-story rear addition on the first floor and a one-story rear addition

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on the above, on the second floor. And really, even though this property is listed as 29-33

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uh east thompson street it goes street to street from east thompson street to web and really the

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East Thompson Street, it goes street to street from East Thompson Street to Webb.

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structures that we're talking about are on web street and you'll see that as well

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and we're planning or we're hoping to use this as a storage facility so my client again is well

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known in the area he's he's a contractor by trade he he stores many of his construction materials

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in this structure and again that's the use that he's seeking and that use technically is prohibited

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in the RSA 5 zoning district although again you can see all these structures are like disconnected

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detached garage structures where again everyone's storing their materials. The second refusal has to

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do with the maximum occupied area where 75 percent is allowed and 100 percent is proposed but you'll

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see from our drawing, I see from the photographs that we're taking 100% of a small percent of the

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lot. So we're not taking 100% of the lot, we're taking a portion of that lot, a very small,

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small portion of that lot. And then the letter from Propact, again, the one proviso is that

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no outside storage allowed, which we have no objection to. And we would ask that this would

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be connected as part of the board's vote and would be ultimately connected to the zoning permit as

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well. And then Council Member Squilla, because Kobach supports it, his office is in non-opposition

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with that for buy sale as well. And then again, nearby neighbors, the people that would be most

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directly impacted by the issues of the property have no objection to it. And again, it's not a

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character to have two-story structures on the web street we're asking for which is not part

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of the refusal but just saying what we're doing is not out of character to what's around there

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and then you can see in addition to petition we have letters to support of nearby neighbors

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and then again not as part it should be part of our refusal but you know if this board feels like

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the refusal regarding lock coverage is appropriate under the circumstances which we don't disagree

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um there are many properties nearby which have full lock coverage or near full lock coverage as

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you can see by the circles on this map and this is where we are in relation to that

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and then also what you'll see too is the fact that we go from east thompson street to web

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but you can see really the only building structure that's here that one that's

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at issue today is the one on Webb Street.

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And then maps of the area, as you can see,

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like we're in the RSA 5 district.

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Again, you can see from a Google map perspective

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where we are in the Port Richmond neighborhoods.

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And then photographs of the property.

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So this is our structure looking from Webb,

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from East Thompson Street, and this is Webb.

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So you can see we don't have full-on coverage

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of this property.

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And then this is our structure

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as well. As you can see, these are two-story structures. We're two of the three structures.

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We're not all of them. We're these two structures. And then there's a third structure here. But we

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are with what you would expect in this part of the neighborhood. We're not being refused for

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the garage that's there. And we're not being refused for any dimensional variances other

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than I think the misapplied variance for lock coverage. And then we just wanted to show you

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the orange notice posters this is from east thompson street and this is from web street so

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you can see that we posted on both sides of a public uh public base uh streets and then this

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is east thompson street to the right of the property east thompson street till left of the

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property web street to the right of the property web street till left of the property and then this

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is just an aerial view again just to highlight the fact that we have nowhere near full lock

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coverage these are our building structures and you can see there's so much open area right there

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and then just our plans and drawings kind of just showing you know again these two

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garage structures where we're going to store our materials inside and where we agree not to

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store any materials in any other part of our open lot and then the rco meeting notice was just we

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had a meeting december 7th it was a well-intended meeting based on the communications with the

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community uh they ultimately became in support of our project with that one 143 addresses were

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notified of that meeting list of the addresses proof of mailing to those addresses our applications

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for appeal showing that rayner robinson and her father don excuse me rayner robinson and his

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daughter, Donna Rae Lee, owned the property and filed the application for appeal along

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and filed the application for appeal along with the notice of refusal and the project information

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with the notice of refusal and the project.

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form and then deeds of property showing that rayna robertson and her daughter and his daughter

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donna ray lee are the owners of this property and then the certificate of tax clearance showing that

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the only year in question as owed is 2023 um and again 2023 taxes are not due uh until may uh march

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31st of 2023 so my client is tax compliant with respect to this property with that being said

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um i would ask uh that my client virtually raise your hand

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okay can we get your client to raise their hand oh so then miss lee yes how do i do uh how do i do

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that you're on you're on you're good uh okay state your name and spell it for the record

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Donna Rae Lee, D-O-N-N-A, capital R-A-E, capital L-E-E.

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Thank you.

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

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Yes.

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Continue, counsel.

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Donna, you heard everything I had to say about your zoning matter.

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Yes.

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Is it true and correct?

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Yes.

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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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Thank you.

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