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Hearing video

ZBA Hearing - October 14, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20266h 39m

we would have the open area and the rear yard sat back in the rear right so

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i i think you're you should retreat and think about it so so what i i would ask is me it's

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every resumption hearing because this morning when i heard a resumption hearing i heard february

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nervous huh that i was like i i don't have much time on this earth and i you know february 27th

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can we can we give him a three-week date to come here i do hope you make it longer than that

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what i'm saying is what he would have to come back with is a change and where the thought process if

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he so wants if he wants to go back i think i can talk to my client about architectural design and

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if we have to do some revised plans in terms of the architecture uh which would not change the

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project and if we have to get an updated refusal too because of how we're changing things up but

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think it would be good for the process not to wait till february and to you know see about like

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just squeezing us in for three weeks from now and hopefully we can come to a common ground well

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given ian kind of has to prove that i think what we have to do is right now give you the february

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and then you contact the that's what you did this morning yeah that's what you're gonna have to do

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okay Ian controls you know it's a presumption not like a vote or anything it is a resumption but

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but I yeah I I think his presentation is over other than new information right but Ian keeps

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the calendar that's fair so I will I will tell my client go to 2227 okay at uh two o'clock at 9 30

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but before that you know talk to Ian about how we can work this back in all right sounds great

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Okay. Thank you. And wait, wait.

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I was going to say, am I in the next one?

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You got the next one.

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All right.

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MI 20, MI 2026, 00175, 2230 Spruce Street.

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2230 Spruce Street, Alan Nockamson is the attorney. Mr. Nockamson, you've been here several times today, and why don't you just state your name for the record?

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Al Nockmson is the attorney.

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Mr. Nockmson.

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Alan Nockamson.

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Could you identify your client or relationship to the property?

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Yes. Well, the owner of the property, Sentra Associates LP, and then they also have a tenant, Cole Fittler Kitchen LLC.

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I have both the deed as well as the lease.

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It's the same owners, essentially.

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And as the virtual audience is Bob Shaw, who's a member of both organizations.

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Just, Alan, we don't have the lease.

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We have the deed from Centra Associates.

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It's in there.

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It's right behind it.

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I'll resubmit it.

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I know for a fact, I apologize if our office did not make a resubmission, but...

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It might be good if you're going to, who you represent, that's kind of clear.

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Yeah.

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no i haven't okay all right um have you submitted your documents and exhibits 14 days in advance

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of this hearing yes we have and the way that we didn't know your refusal wants to play to

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its accuracy yes all right thank you share your screen to begin

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i think this is a straightforward one it's uh oh i'm gonna go there last one try not to say that

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here but it's a nine unit building in the front and you see this building back here this is this

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is a one story it's been commercial forever it's a cmx one property we're trying to put a sandwich

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shop in an ice cream parlor in there in that back second in the back section and i don't know if

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any of you've been to sally's it's it's nationally renowned um it's gotten many awards yeah and then

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Mr. Rabbit's there around the corner too is a coffee shop and they own Pizza Shack of Maxon

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and Pizza of Richmond. And the owner was the son of the originators of Marathon Grill. So they've

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been in the industry a while. So they're hoping to do this here. We have 11 exhibits. Again, Bob Shaw

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is a representative of both entities. Notice of refusal. We're just trying to do a takeout

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restaurant in the existing structure that's our only refusal where cmx won it actually was in

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1959 used as a prepared seafood takeout restaurant most recently it was a laundry boutique i would

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say a laundromat uh we got a letter of non-opposition uh from the ccra as you know they're

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a very sophisticated group they take these things seriously my clients are well experienced um

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restaurant operators and especially nearby in that section of filler square we also have other

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letters to support Patrick Campbell who lives nearby on Delancey Street Avram Hornick who you

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may know is another restaurant or in the city of Philadelphia acclaimed Andrew Dietrich as well

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gave a letter of support who lives nearby who lives on Screw Street which is around the corner

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from the property uh adam solo uh who also lives in the around the corner on pine street

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and then you could just see that this is again very interesting zoning classification of rm1

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and cmx1 um basically we're just asking for a cmx use cmx2 usage here uh not that i would say you

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forgot but how about the letter of opposition there's a letter of opposition do i read that

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oh i didn't get that

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yeah aiden james there's a letter of opposition aiden james okay i can't speak to that we didn't

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get adam's um i know who adam is we didn't get his letter but that's okay okay so adam i don't aiden

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i know a i d e n last name james yeah so i can't speak to that because i don't have the letter

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so i don't know why he's in opposition there's one floating out there yeah so again we're not

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taking a property that has a residential use or anything closer residential use this has been a

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commercial use for some time and it's been a takeout restaurant you know previously as well

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so zoning hearing notice postings i showed the property from spruce street and 23rd streets

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23rd street to the right of the property you can see there's a heating establishment here

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23rd street to the left of the property uh spruce street to the right of the property

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and to the left of the property you got another establishment here

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interior of the property you know we're not doing anything yet we're hopefully hoping

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to get support from this board for a variance put a nice establishment here with experience operators

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pretty straightforward

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in that we're putting a trash enclosure here.

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in that we're putting a trash enclosure here that's going to be like um shielded

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uh let me see where there's a good picture of that i think there was a good picture somewhere

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here uh we'll find oh here it is i don't know why is that does that sometimes but like here's the

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the trash enclosure we're having an awning we're not changing physically about the building

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if you look out here basically we have the restroom we have interior trash we have venting

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through the the roof here there's the little countertop point of sale system not even a lot

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of seating here it's just like you know a little bit of seating here a trash bin and it's just

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really a takeout sandwich shop and ice cream parlor and again the you know this operator it

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has many locations throughout the city uh we met with ccra on september 20 september 22nd

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we mailed that notice to i don't know i'm going to stop sharing my screen for a second i don't

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know why it does that sometimes let me reshare my screen let's see that works yep all right

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we mail that notice 151 addresses these are the addresses proof of mailing to those addresses

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the application for appeal along the notice refusal and the project information form

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showing my client owns the property and I do believe and I do apologize you didn't submit

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I was about to say I just looked all you all we have is the deed all right sorry about that

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but we do have we do have a lease here right with fitler kitchen and central associates

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so the i'm just going to say i'm not going to review it right now to make sure that that's

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correct are you representing them or are you representing central associates representing

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central associates you're representing central associates you have standing yeah i mean to be

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difficult but we're not going to sit there and review to see if your client has standing no we

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center so we represent centuries yeah they they own both they're there it's pretty much owner

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occupied so just putting it there i hear you certificate of tax clearance so um with that

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being said i would ask that mr shaw be virtually um sure voted mr shaw

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mr shaw has been allowed to speak okay mr shaw please state your name and spell for the stenographer

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Mr. Shaw

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It says right there

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Mr. Shaw, can you please state and spell your name for the stenographer?

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can you hear me i do sir please state your name and spell for the stenographer sorry about that

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my name is robert shaw s robert shaw r-o-b-e-r-t s-h-a-w do you swear or affirm to tell the truth

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told truth nothing but the truth yes um counsel bob you heard everything i had to state today

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about your zoning matter yes uh and is it everything true and correct except that

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we are not central associates we're the tenant we do have a lease with central associates our

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entity is called fitler kitchen llc gotcha and um other than that yes yeah so i i looked at mr

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goldberg he he texts me sometimes during the presentation i'm just telling you he said that

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he he sent that to you so i don't know maybe it's a different presentation you're looking at

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so all i can definitely gave the the the lease to alex no and i know and i know we sent it over

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but that's neither here nor there so i'm just telling you that we but um you heard everything

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out of the state today is it true and correct and do you adopt it as your own testimony yes

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okay you know a couple items i did not mention i just want to make sure you adopt that as well

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My understanding is the hours of operation would be 7 a.m. to 10 p.m.

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Yes.

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And I did say this.

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There will be ventilation through the roof.

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Is that correct?

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As required by code, yes.

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And deliveries.

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Oh, and deliveries.

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Yeah, so how would the deliveries be?

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Yes, CCRA was concerned about deliveries, I believe, before 8 a.m.,

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and we've agreed to require vendors to deliver after that.

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all right and then obviously you'll have trash storage during the day and then during you know

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all right and then obviously you'll have trash storage during the day and then

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at night you'll put in that enclosure in the front right that's correct thank you and you

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we made this whole presentation to ccra and they approved this project based on our presentation

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that's correct and the one letter of opposition from that aiden gentleman has to do with trying

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to keep fitler square residential this particular location hasn't been residential for as long as

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you said alan and really probably couldn't be it's about 350 square feet in there half of the

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um the bay window from the residential portion of the property actually sticks into

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our leased space this could not be a residential property

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questions from the board

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questions or comments from our attorney again we're gonna have to hold this to review

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You know, with regard to the lease on that, so yeah, so how long do we want to do that?

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We don't need that long. I mean, if it seems okay, we can do it for a week. I know we have a lot of things help. We try to get it done. Yeah, we can do it. Let's see who's in the audience. 1st. Okay. Questions or comments on the virtual audience.

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Not at this time chair. Okay, planning commission. You want to hold.

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What do you go for?

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Good afternoon, Liz Fuseli on behalf of the Philadelphia Planning Commission.

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The comprehensive plan recommends no change to the CMX1 neighborhood commercial mixed use at this location.

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This property has a documented use as a commercial business for more than 10 years,

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with other commercial uses on the other three corners of this intersection.

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The appellant has shown that the proposed takeout establishment will have no detrimental impact beyond what might reasonably be expected.

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The City Planning Commission recommends that the Board grant the proposed special exception for a takeout restaurant.

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We're going to vote on this next Tuesday at 2 p.m.

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Thank you. I appreciate it.

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Wednesday, Wednesday.

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I'm sorry, Wednesday, Wednesday at 2 p.m.

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Thank you.

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All right. Thank you.

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Eric, Mr. Batson.

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mi 2026 004 461 149 right stream eric bottson bottson is the attorney um

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counsel i'm sorry we held you so long back there i could see you getting uh walking up and down a

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little bit um could you please state and spell your name for the stenographer absolutely thank

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you for having us this afternoon my name is eric bodzin uh eric b-o-d-z-i-n of blank room do you

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swear or affirm to tell the truth the whole truth and nothing but the truth yes i do you identify

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your client a relationship to this property yes my client is uh khalil mir uh stated behind me he

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is the equitable owner of the property the vice chair has a few questions for you good afternoon

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Have you submitted your documents and exhibits 14 days in advance of this hearing?

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Yes, I have.

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

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Yes, I do.

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Okay. All right. Thank you. You can show your screen and proceed with your case.

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Thank you so much.

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hey good afternoon members of the board thanks so much for having us this afternoon

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um actually i should mention be seated beside me is ben estepani of pace architecture

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um and uh i will briefly describe the nature of this matter and introduce ben

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to uh briefly review the site plan so if it's helpful we can swear him in as well sure

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you want to swarm in now that would be wonderful and spell your name for the stenographer

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my name is ben estepani b-e-n-e-s-t-e-e-a-n-i do you swear or affirm to tell the truth the

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whole truth is nothing but the truth? I do. Counsel? Thank you. Why don't you do me a favor?

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Why don't you pull the mic a little bit closer to you? That's it. Thank you. All right. Thank

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you, Mr. Chair. The subject property pictured before you is 149 Wright Street in Maniank.

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This is a particularly unique parcel. If you look at the picture on the bottom of your screen,

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you can see the narrow triangular shape of the parcel. It gets more unique from there. So

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the parcel is triangular. The shortest leg of the parcel to the west is Wright Street. That is the

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only street on the city plan that bounds 149 wright street the um hypotenuse if you will is uh

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The hypotenuse, if you will, is the Ivy Ridge Trail that bounds the property to the south, and to the north is the former Linney Street, which was vacated and stricken from the city plan in approximately 1912 to 1917.

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the

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however the street has been paved by the owner as recently as five years ago it's 20 foot wide

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it's being used for vehicular access it's being used by the streets department for trash and

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sanitation services but technically there is only one street that bounds the subject property which

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you might suspect gives rise to the nature of this refusal

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the current use of the property is a private parking lot which serves was zoned approved

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for zoning in 2007 for a private business parking for a business that no longer exists

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And as you can see from the aerials on the screen at various times over the past five, ten years, the parking lot has been quite underutilized throughout that period of time.

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The lot is zoned. This is a picture of the lot from the south, from the Ivy Ridge Trail that is slated for redevelopment in the coming years.

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um property is zoned rsa5 for residential single family living and this proposal is just that to

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activate this unique triangular lot of approximately 17 000 square feet for residential

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single family living the one challenge is and i'll pull up the old plan this stricken linney street

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Because when Ben, who's seated beside me as our architect in Khalil, went to meet with the city a couple years ago first and consider the subdivision of this 17,000 square foot parcel, they learned, they were informed that because the only frontage is that short leg that is Wright Street, the property cannot be subdivided.

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because lenny street is not an official street on the city plan so uh the development hit pause

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for quite some time the owner fielded a couple proposals for apartment buildings

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but thanks to some ingenuity from ben our architect the property has been reconfigured as

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a planned unit development uh with uh 10 homes uh each with its own driveway and as ben will show in

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