civus
Hearing video

ZBA Hearing - March 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 8, 20233h 49m

okay right here right here show me what you're doing there right here is the first floor the

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okay right here right here

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original one on the top on the top right here this is the first the original like this and

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we try to take this one out right and let's make a big one and we just close right here see take one

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out and close this and open from the stairs go up from the kitchen go up to the second floor

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so we have like a three uh three uh barbershop right here one two three and a sample one right

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here and eyebrow and this this room right here we have uh two uh pedicure medical and and pedicure

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so the whole property is going to be nothing but a shop now nothing no living on the second floor

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yeah yes we still live on the second floor the second floor uh we uh we we go to live there and

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yeah but I'm saying

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where are you going to live on the second floor

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yeah

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the

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the stairs go to the second floor

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yeah

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what I'm saying that's part of the business too

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on the second floor

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part of my business

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like

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I will give them

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to my

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friends

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for rental i usually bought the first floor is for like this one way from here to there

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right so this this is the whole first floor here yeah all right and and the second floor

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is going to be someone living yes someone living okay all right and here is the

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how long have you had the property i just bought last year april april 8th it's almost a year from

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today like a one more one more month it's a year has the first floor been vacant for a while

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uh yes then i bought it i didn't i didn't do anything yet but the second floor i didn't do

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anything yet too because i because they need to apply to to fix it so i so i don't do anything

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and this property is attached to a property next door yes it's a twin uh twin building

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all right the twin the attached building what's there is uh dance studio the next door

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what is it sir then uh dance dance studio oh dance studio okay okay all right okay all right thank

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you um questions from the board mr chairman no mr chairman no chair questions or comments from the

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virtual audience i see no hands chair hi planning commission sir ron bednar city planning this

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property is indicated for residential and city plan but given its physical circumstances of the

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site, UCS3, we recommend the request for variance to be granted. Thank you. MI 2022-004-648-7492

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Oxford Avenue, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes. Thank you, Mr. Son, you have your votes. Thank you, thank you very much.

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Number eight, MI 2022-005-930-12301 McNulty Road. Richard DeMarco is the attorney.

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Letter of non-opposition from Councilman O'Neill. Letter of support from Parkwood Civic Association.

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mr demarco good afternoon mr chairman can you hear me okay i can i can i can sir could you

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state your name please and spell for the court reporter i can't hear the chairman uh hold on

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can everybody hear me okay we hear you okay

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hold on let me check let me just if you give me a minute i want to change my audio i'm not hearing

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you, Mr. Chairman. Hold on. Okay. I'm sorry. Test. Test. Shit. Can you hear me? Mr. Chairman,

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Mr. Chairman, if it's okay with you, I'm going to try to come back, leave.

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if it's okay with you, I'm going to try to come back, leave. Yeah, do that. Come back in.

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Yeah, do that. Come back in. Come back in.

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Hold on. Sorry.

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Thank you.

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Thank you.

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Thank you.

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We see him come back in.

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No, Chair.

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do we have his number to his office we could call

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um let me let me see Mr. Chair hold on

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um

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Chair, we have a hand up by Mark Boston.

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Do you think that could be him on another device?

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Yeah, we'll see who that is.

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Okay.

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Mr. Boston, please unmute yourself.

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Raise your hand, Mark, and tell him I'm going to restart my computer.

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They can hear you right now.

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They can hear you.

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I hear you.

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he said he's restarting his computer he said you guys can go to the next case

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we don't have a next case oh okay so we are the case so mr richard it's not letting me

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back in all right i'm gonna try to do it on my phone i'm not gonna be able to show him the

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exhibits but they have all the exhibits let me hang up mark and i'll try to log in on my phone

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okay all right no problem all right bye

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hillary we we have the exhibits but it's going to be kind of hard to

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visualize what it is yes i was going to say chair we still would need him to uh show the exhibits

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but um it was um the gentleman who was just speaking is he able to show the exhibits is he

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part of his firm demarco said he's calling back in on the phone let's see what it is

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okay

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excuse me chair did you want me to allow

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Mr. Boston to speak again

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DeMarco said he's calling us so let's see

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if we see his

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if he raises his hand first

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if his audio only works on his phone

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but he could still share if his computer

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is still working he could still share the exhibit

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It's through his computer.

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Okay.

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Okay.

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I think he should.

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I think he said the computer, they weren't letting him back in on the computer.

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I don't know.

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Okay.

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Is the person he allowed to talk still there?

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I'm sorry, Chair, were you speaking to me?

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Yes, the person who spoke for him a couple of minutes, because he's still on the line there.

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Yes, but Mr. DeMarco just came in.

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I'm going to promote him.

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Okay.

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He's coming back in as a panelist.

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All right.

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I'm really sorry about this.

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So, Mr. DeMarco, well, first of all, state your name and spell for the court reporter.

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Certainly.

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I apologize for the issues here.

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Richard DeMarco, D-E-M-A-R-C-O, attorney for applicant.

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Right.

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

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I do.

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So let me ask you, can you speak on the phone and use your computer to show the exhibits?

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For some reason, when I try to reestablish, I get sent to the registration page and it keeps me on the register, keeps sending me a new registration page.

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So I'm not sure why that happened.

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You were you were given the exhibits.

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um let me let me what i can do is i get an email i'll try it one more time and i'll stay on with

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you on the phone because i can certainly go through the exhibits um like orally we do not

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have opposition we do have an rco letter of support we do have i say everything but i think

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we have to see something i mean i i get what you're saying it works it works okay

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yeah

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so i'm joining on my okay hopefully there won't be feedback i'll hang up the phone if i

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get feedback just make sure that other device just stays on mute okay

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And you just have to unmute one of your devices.

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Can you hear me?

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Can you hear me?

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Get the feedback.

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Let me try.

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How's that?

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We don't see anything. We hear your voice. We just don't see the documents.

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Hold on.

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Here you go.

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All right. Sorry about this, Mr. Chair.

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We're okay.

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All right. So there's the refusal.

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All right. So there's the refusal.

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You're going to get a little bit of feedback here. I apologize.

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We have the refusal. Why don't you go to the photos of the place?

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I'll rotate, I'll rotate, I'll rotate.

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Oh, sorry.

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Sorry.

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It's a dance studio, Mr. Chairman.

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It's a really nice after-school dance program.

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This board actually granted a temporary variance more than five years ago.

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We're asking for permanent relief.

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it's an industrial complex there's very few residences nearby i'll show you the front

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again sorry about the technical difficulties here

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we met with the neighbors no opposition

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um there's other it's like one of those industrial sites with with different carve-out

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rectangular warehouse properties. They can't locate in a commercial usage.

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warehouse properties. They can't locate in a commercial use in a neighborhood because they

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need high ceilings to do their dance moves. It's a lot of noise, a lot of stomping, so they really

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can't look for a commercial space. The property is zoned I-1, but this is a really unique use that

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needs a location like this. There are actually commercial uses in a lot of these properties

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nearby. Let me show you on the internet here. So this is, it's right behind, if you can

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see with my cursor, it's right behind this parcel right here. They're divided up into

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different warehouses, and one of the warehouses is our use. They have after school. Let me

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just show you one more thing. Here's the letter from the councilman. And then I just want to show

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you the floor plan. It's basically an open warehouse. So I'll show you the overhead so

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you can see what we're talking about. So you can see our use is right here. We're actually in the

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back we face away from the road and it's a big open warehouse area we feel obviously feel variance

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relief is now appropriate if the use would ever cease a new use could certainly come in

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the problem with having industrial users in these spaces is there's no loading dock

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so this is really an appropriate use you did granted variance for this use on a temporary

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basis, and now we ask for it to be permanent. So I'll just ask Mark Boston to raise his hand

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virtually, and I'll ask him to accept my testimony. Okay. And again, sorry about this.

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Mr. Boston, you can unmute yourself, please. Could you state your name, please, and spell

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for the court reporter? Hello, how you doing? My name is Mark Boston, M-A-R-K, Boston like the

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city b-o-s-t-o-n right do you swear or affirm to tell the truth the whole truth nothing but the

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truth yes i do proceed counsel mark did you hear my testimony and factual statements that are they

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true and accurate and can you adopt them as your own testimony today yes i did sir and they are

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accurate so mr chairman we are uh hillary will inform you that we are still working on a i got

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okay okay um questions from the board

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no mr chairman no chair

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questions or comments from the virtual audience

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i see no he is chair planning commission sir ron bednar city planning property is indicated for

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light industrial use on the city plan or dr dissa plan recommends no change to existing zoning at

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dislocation applicant's hardship is not supported with evidence of unique physical circumstances

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or condition of the property that would prevent it from being used in conformity with the code

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therefore we recommend the request for variance not be granted thank you um well if i could do

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one thing on that mr chairman sure the these uses don't have loading docks so it's really not

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suitable to a light industrial use that's why a lot of these spaces are getting commercial uses

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the industrial zoning will not go away if you grant the variance an industrial user could

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eventually come in but the reason why a lot of commercial uses are coming into these spaces is

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there's no doesn't really support a heavy industrial use or light use so i would disagree

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um thank you we're going to hold the vote on this until we have we uh have a tax clearance

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shirt so we'll be in touch and we'll work that through okay thank you for your time today sorry

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for the confusion is there anyone in the virtual audience whose 330 case has not been called

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i see no hands chair uh thank you everyone good day good job

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and if anybody if anybody's interested that's the first time the two o'clock

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hearings ever got done before three-thirds i don't know how that happened i was thinking

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See you guys. Have a good day.

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