civus
Hearing video

ZBA Hearing - December 7, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 7, 20225h 23m

Sure. Hi, could you state your name, please, and spell for the court reporter?

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Thank you kindly. Craig, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.

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Do you swear or affirm to tell the truth, the whole truth, and not admit the truth?

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I do. I raised my hand for two of them. I'm the coordinating RCO on Simpson Street.

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I wanted to indicate that we had no record of that applicant reaching out to us.

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That's the first listing we have, and we have no exhibits at all.

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And we're happy with the continuance.

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My second one is regarding 72, 34 through 40 Woodland Avenue.

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While we are supportive of the continuance, this case started back in 2019, and we supported Mr. Master's request several times for continuance.

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However, the lessee is doing nothing to take care of the property.

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We've scheduled site inspections with them in 2021 when I met with Steve and the lessor.

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Then two other RCOs met this past summer.

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I photo documented, but have not bothered you with it.

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Under no circumstance has the individual done any landscaping, hardscaping.

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We've asked that tires be stored in compliance undercover.

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They are strewn about the facility.

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They work in the right of way on the sidewalk.

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And this is particularly vexing because not only does it impact the commercial corridor,

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but immediately behind it is the Paschal Homes, which is a public housing project.

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I have a long history of having worked with that, going back with a Department of Justice

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drug and addiction problem.

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And I see no reason why an Afro-American majority-minority community should be subject to the blight that this individual is perpetrating upon it.

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So we support the continuance, but we ask that there be some sort of control put in place to have them comply with zoning.

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He's moved ahead of his application, including setting up structures that were unpermitted.

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And again, we want to work with the man, but he needs to work with us.

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So, the gentleman has to clean the parcel. It's as simple as that.

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Okay. Thank you.

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Thank you, sir. Thank you to the entire board.

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No, thank you. Thank you, Craig. All right. So, number one, MI 2021-005-284-2086 Hain Street. Diane Manning is the owner. There is a letter of support from the 10th Ward Democratic Committee.

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Ms. Manning is coming back in as a panelist.

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Hi, Ms. Manning, could you state your name and spell for the court reporter?

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Hi, Ms. Manning, could you state your name and spell for the court reporter?

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Diane Manning, M-A-N-N-I-N-G.

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Right. Do 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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Before we start, do you have a proof of posting on your project?

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Yes, I do.

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Do you have it with you today?

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Yes.

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All right, and you'll show it in your presentation?

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Yes.

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Okay. Our vice chair has a few questions.

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Hi, how are you?

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Good, hi.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property five days before this hearing, and have you met with the RCO, and do you have a letter?

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Yes, I do. All of the above.

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Okay, great. There's one use refusal connected to your case, and that's a sit-down restaurant is prohibited in the CMX-1 zoning district.

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you can proceed and begin with sharing your screen carol carol i think that's that we're

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that's the wrong one is that wrong yes okay this is number one um yeah it's number one on the 3 30

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list 2086 haynes if you don't see it i can read it into the record wait a minute so there's a lot

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on this i see it now i went to the to the last page so strike what i said starting from one use

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refusal this application is for use as personal services on the first floor of an existing

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structure no signs are on this permit there's one use refusal whereas the proposed use personal

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services is expressly prohibited in the rsa5 residential zoning district um there's a letter

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of support from the 10th Ward Democratic Committee. That's it. I think. Is that all you want me to

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read, Hillary? That's fine. Yep. We're good. Okay. Okay. You can proceed by sharing your screen.

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Ms. Manning, thank you. Yes.

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okay this is a list of all the documents that i have

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okay

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this is the

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the

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Okay, this is actually a letter stating that the tax clearance was satisfied, but we still

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don't have the actual tax clearance.

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Okay.

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Ms. Manning, this is Hillary Emerson.

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And this information has not been submitted into the record by the zoning board to the zoning board.

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So if you could do that after your presentation, we can review it and see if this will meet the requirements for a tax clearance.

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Okay.

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Okay.

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This is a refusal notice.

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Okay.

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we have that application of appeal we're good with that

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And this is the project information.

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and this is the

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And these are some of the architectural plans.

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I have the architect here

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if you have any questions for him.

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Well, if possible,

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do you have photos, Ms. Manning?

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Yes.

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Why don't you show us photos

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and that way you can actually show us

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what you want to do, okay?

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Okay.

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this is manning you why don't you start telling us what you want to do

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in other words you're not tell us exactly what you're trying to do just open the front of the

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building no no no what what is the project you're trying to do well actually we need to do um

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all construction inside the building yeah but i mean what is it you're creating tell me what

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you're creating a hair salon okay all right yes uh unisex hair salon mel and female

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okay enlarged the picture so you can see them

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yeah could you make it a little bit bigger

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are you keep going back to the same one we want to see the photos you're talking

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It keeps popping back to that, going back to the blueprint.

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Okay, so your picture is not working out.

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try to explain him what you're doing so right now there's an auto place there

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yes behind the existing building is the auto body business the front is going to

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be converted into a hair salon okay all right um and you can't get your photos to open

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trying to enlarge them right

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So that's a little bigger. Okay.

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All right. So the front of the building, what's there now in the front of the building?

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Nothing. It's an empty building. Okay. All right. And that's your building? Yes.

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And then right behind it is where you operate an auto repair place? Yes. All right. You run that too?

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No, my husband does.

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Okay.

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All right.

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All right.

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Go through the rest of your documents here.

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That's the side of the building.

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Right.

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Right.

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Okay.

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Keep going.

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That's inside of the existing business, auto body.

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Okay.

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So we're making no changes to the auto body.

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no okay

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so show me what you have now nothing there's nothing in the building

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no it's just uh empty builder right now just space okay excuse me mr chair this is hillary um

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miss manning can you go back down because i think there was a posting photo down there

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to be able to see that for the record yes

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Where would

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where was that placed in the front of the building okay all right okay all right all

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right so that's where the the the barbershop unisex hair salon will be yes okay okay

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Okay.

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Okay.

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Okay, we have that.

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So you had 17 people at 10, 15 are in favor to oppose, right?

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Yes.

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Okay.

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Okay.

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Okay, all right.

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Questions from the board for the for the board.

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No, Mr. Chairman.

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Hey.

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Hey.

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i said i said no mr chairman okay thank you

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questions or comments from the virtual audience

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i see no hands chair planning commission this is uh ron sorry yep one just came up it was dylan

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dylan mahoney okay fine thank you good afternoon sorry about that hi dylan state your name and

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spell for the court reporter please dylan mahoney d-i-l-l-o-n last name mahoney m-a-h-o-n-e-y

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right do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do proceed thank you mr chairman um dylan mahoney uh from the office of council member

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anthony phillips um we have received the letter um documenting the rco meeting from the 10th ward

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rco and the council member has no opposition to the granting of the variance thank you thank you

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planning commission so this is ron bednar first name ron r-o-n last name bednar b-e-d-n-a-r

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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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Proceed, Ron.

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While a comprehensive plan recommends no change to the existing RSA single-family zoning on this property,

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the proposed use, however, is consistent with the physical configuration of the existing non-conforming structure.

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We believe that the submitted evidence demonstrates the non-residential nature of the existing building.

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Therefore, we recommend the requested variance be permitted.

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Thank you.

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MI 2021-005-284-2086 Hayden Street.

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I vote yes.

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Excuse me, Mr. Chair.

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Mr. Chair, we cannot vote on this one because I do need to verify that the tax is going to have been addressed.

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We're still waiting for the tax bill.

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Okay.

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Yes.

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We have to hold that for today.

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When you get the tax bill, send it in, and then we'll vote on it at that time.

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okay okay thank you all right sure thank you

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number two mi 2022-003-810-2840 chatham street um let me see here

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letter of non-opposition from councilman squilla with proviso requested by rco

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So, letter of support, Southport Richmond Civic Association, with a proviso of a five-year temporary variance.

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Counsel, could you state your name and spell for the court reporter, please?

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Sure. Jennifer Bositlo, B as in boy, A as in apple, Z as in zebra, Y, D as in David, L as in Larry, O as in Oscar.

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

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I do. Could you identify your client and relationship to the property?

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Sure. My clients are Michelle Sharp and Jadalyn Nagy, who are the owners and operators of an event-based trendy hall, so they're a tenant of the building.

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Sure. My clients are Michelle Sharp and Jadalyn Nagy, who are...

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Okay. Our vice chair has just a few questions.

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Sure.

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Hi, Ms. Bazzillo. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Do you strike that? I just asked you that.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,

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photos, plans, five days in advance of this hearing, and have you met with the RCO, and

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do you have a letter?

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Yes to all of it.

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Okay, you may proceed and begin by sharing your screen.

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All right, let's get to the right screen.

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Here we go.

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All right, let me just go over here to clear this up.

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All right, so like I said, I'm Jennifer Pazidlow.

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I'm here representing Michelle and Jadelyn, who are the operators of a small event space called Trendy Hall.

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We've submitted a packet that has the refusal.

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The refusal is for nightclub use, which, as you are aware, any gathering place over 50 people is a nightclub.

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This is not a nightclub. This is a family-oriented event space.

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We'll get into detail later.

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the project information form. This is the lease. It's a five-year lease. We're looking for a five-year

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temporary variance. We have the certificate of tax clearance for Trendy LLC, the owner and

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operator, as well as proof of property tax payment for the property. The RCO letter in support.

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As you see, it was a really well-attended meeting. There was over 50 people there,

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and the vote was 46 in support with only six that opposed.

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So the RCO did issue a letter of support.

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It's worth noting that the same variance was granted

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on a three-year temporary basis in 2019,

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which expired at the beginning of this year.

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