civus
Hearing video

ZBA Hearing - July 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 19, 20234h 41m

of refusal. This was an application for the retail seal

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as permitted in CMX3.

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It was a general application

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for those uses, but we'll get to how we

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narrowed that down. Obviously, there was a refusal. These uses are not permitted in the I2

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district. And therefore, we seek a variance for specific uses as provided herein. So A2 is the

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application of appeal, A3, the PIF. A4 is proof of ownership, A5, tax clearance,

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ASEC site plan, photographs. With regard to the RCO letter of support from Harrogate,

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we had a very, very good meeting with them. And it was not our intent for a blanket CMX3 use.

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What we did was we narrowed it down to, you know, I think six uses when it comes down to it.

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They include child daycare, educational facilities, library and cultural exhibits, assembly and entertainment.

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And then we noted that, you know, if it is a nightclub or a private club, it still will require a special exception.

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And eating and drinking establishments, including prepared foods, takeout, sit down restaurants and personal services.

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We would submit that. Mr. Ward.

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Ms. George, this is Hillary. I'm sorry to interrupt. I had just checked all of these uses against the use tables in the code, and assembly and entertainment, just the general category, requires a special exception in CMX3, so if we're looking at uses that would be permitted by right, that is not one of them, but all of the rest of the uses listed in the RCO's letter are.

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Okay.

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So I just wanted to let you know that.

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Well, at the time we looked at this, you know, we got a refusal that these uses were not permitted.

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So, you know, and basically, you know, Mr. Chair and members of the board, we are looking to have approval in advance.

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So that way, when prospective tenants come to our, you know, our building, we can say, yeah, you can do this here.

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As opposed to each of those filing an application and possibly getting a refusal or referral, and then six to nine months later, you know, they get their, you know, approval if they're going through the process.

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So just to finish out my record as far as the documents, so A-9, if submitted, district council letter, A-10 is my problem.

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We do have one from Councilman Squiller.

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We do have one from Councilman Squiller.

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Oh, that's great.

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I never got a copy, but A-10 is the relevant zoning history.

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You know, again, you know, March of 2022, business and professional.

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April of 2022, business and professional.

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And then May of 2023, there was a lot line adjustment, but the use remained the same, business and professional.

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A11 was zoning map and A12 is the aerial photo. So not to belabor the point, I think the board understands why we're here. And I will not belabor the point and take up more time that's necessary on this application.

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and i do have a george groves um who has previously been

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sean could we just see what it looks like just out of curiosity oh i'm sorry anyone a second

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so this would be the uh site plan um and then

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it's the old sterling paper

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on Aramingo Avenue

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and we have since

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been working to rehab

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this historic building

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and it was probably

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one of the greatest employers

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in that area

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for years

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so again

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here's the structure on the right

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sterling paper

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you know this is this is uh again looking up the i believe castor avenue right

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okay uh right next yeah right across the street by the way i i failed to mention this

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is the heintzman recreation center and that is where the uh you know the rco civic association

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meets. The city just spent, you know, millions of dollars to rehab Heintzman. And I'm not sure

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if they had the ground cutting, you know, the ribbon cutting yet, but Heintzman has been all

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restored rebuild and we are let me go to

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okay so here's here's heintzman we're right across the street so okay yeah we we are redeveloping

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this building right across from the newly renovated rebuilt heintzman so um you know

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So we're hoping this will be the impetus for further improvements, private or public, in this area.

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Okay. Thank you.

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You're welcome.

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Bring your client on again.

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All right, George, can you raise your hand? Be sworn.

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I mean, you already have been sworn.

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Here, George Gross has been unmuted and allowed to speak.

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Mr. Grove, you've already been sworn. Just state your name for the record.

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George Groves

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G-R-O-V-E-S

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Proceed counsel

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George you have heard my representations

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to the board

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Yes

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Are they true and correct? Did it best your knowledge

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information and belief?

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Yes sir

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And would you adopt them as your own testimony?

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Yes

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Thank you

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Unless there's anything else

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I have nothing else chair

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Questions from the board

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No chair

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questions or comments from the virtual audience

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here i see no hands planning commission ron bednar city planning where the property is

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currently indicated for industrial use on the city plan and physical circumstances site we

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recommend aggressive variance be granted hillary do i have to list these as uh provisos

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it can be one proviso with all of the uses listed mr chair

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but we do need to list them individually

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so it's clear what's been approved

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okay

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so MI 2023

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000

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66 2155

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Castor Avenue I vote yes

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with proviso

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to approve the following

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CMX 3 uses

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child care center, educational facility

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library and cultural exhibits

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prepared food

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takeout restaurant

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sit down restaurant

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personal services is that it hillary yes mr chair wait we're missing assembly and entertainment

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that that is not a by right use in the cmx3 zoning district so we can't add that one they'd

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so we can't add that one they'd have to come get a special exception well they have to come

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have to come get a special exception well they have to come

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either i don't know what it is in icmx but it's not a by right using cmx okay all right all right

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understood all right all right so i vote yes with the proviso i just listed

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thomas holloman my vote is with

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james snell my vote is yes with provisos

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ishmael shaheed my vote is yes with provisals thank you counsel we're going to go to number three

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mi 2023 000 486 49 11 north 6th street um this application is for

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use as a two-family household living in an existing structure.

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The proposed use of two-family household living is prohibited

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in the RSA 5 zoning district.

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Chair, if he has been promoted to panelists.

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Sir, could you spell your name, please? Could you state your name and spell

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for the court stenographer?

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Okay, hello. Can you hear me?

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Hi, could you spell your name, state your name and spell for the court's demographer?

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Yes, my name is E.B. Reyes, I-B-I. My last name is Reyes, R-E-Y-E-S.

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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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Our vice chair has a few questions for you.

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Okay.

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good afternoon have you emailed in all the required documents and exhibits that are needed

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to proceed with this case five days in advance of this hearing yes yes all right thank you

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please proceed and share your screen okay give me one second please um

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okay good afternoon my name is evie reyes i'm the owner of 49 11 north 6th street

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um i purchased this property in the middle of the pandemic my first property in philadelphia

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oh um this is a refusal i'm here the reason for the refusal for two of two family dwellings um

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second place this is application for the appeal

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and this is a deed stating that I'm the owner my name Evie Irma well Irma Rice Olazaba

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I'm a single woman um this is the I attended the meeting the neighborhood meeting I had 45 people

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supporting and this is the picture of my house and this is the proof of

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mail in that I sent out I believe it was about 60 to 100 and I sent out

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letters and this is the letter that I sent out to the community

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and this is the floor plan of my, um, property.

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Another for another floor plan of my property. Um,

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there's a first floor and second floor, um,

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another floor plan. And this is the tax clearance that I,

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um, my certificate of tax clearance.

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Thank you so much.

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so let me ask you a few questions when you bought this property was it already a duplex

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the person um yes it was constructed a duplex the agent the real estate agent told me it was

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for two family dwellings right okay and is the utility was utility separated and things of that

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nature um yes the um yes the peak yes the literally is separated yes okay all right good

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all right thank you um questions from the board

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No, Chair.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have Charles Richardson.

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They've been unmuted and allowed to speak.

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Aye, Mr. Richardson, just state your name, please.

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Charles Richardson, Office of Councilwoman Bass.

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No opposition.

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All right.

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Thank you very much for calling in.

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We appreciate it.

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Anyone else in the virtual audience?

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Here, I see no further hands.

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Planning Commission.

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So we're on Bednar City Planning.

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Property is indicated for residential use on the city plan.

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Given these circumstances, we recommend request for variance be granted.

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Thank you.

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M-I-2023-000486-4911 North 6th Street, I vote yes.

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MI 2023-000486.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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You have your votes.

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Thank you so much.

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Okay.

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Number eight.

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Here we go. Number eight, MI 2021-003-544-5007 North 5th Street. Natasha Hentz is the owner applicant.

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this application for assembly and entertainment and existing structure the proposed use

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assembly and entertainment requires special exception approval in the cmx 2.5 zoning area

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there's a letter of support from the new 42nd ward with provisos chair natasha henson's coming

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back in as a panelist now hi could you please state your name hi could you state your name

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is spelled for the court stenographer natasha hentz n-a-t-a-s-h-a-h-e-n-t-z right do you swear

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or affirm to tell the truth the whole truth nothing but the truth yes and this is your property yes

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okay our vice chair has a few questions for you good evening ma'am do you have you emailed in all

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the documents and exhibits that are needed to proceed with this case five days in advance of

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this hearing. Yes. Thank you so much. Please proceed and share your screen.

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Green dot at the bottom. Oh, am I not? Is it not recording? We don't see it yet.

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we good yes okay um this is so i'm um applying for the special exception um i am looking to

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create um a space where people can have baby showers um intimate events um

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um and it is in the cmx 2.5 so i had to i'm asking for the special variance

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yeah so this is the d that i'm the owner um

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this is the notice of referral uh proposed use as assembly requires special exception

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application um the application for appeal try to do

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um

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and then the second page of that

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and the pif project information form

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the notice that i had to place on the door for the meeting

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this is the outside of the building

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inside the bathroom is located right there and then further back is the kitchen it's not really

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a kitchen it's just a refrigerator and that's about it and this is just like the further back area

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and this is where the trash cans and all of that will be placed back there the alleyway

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in the project information page

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and this is the letter of support

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and then this is the meeting summary

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is that four people at the meeting yes okay five including myself um i believe that's it

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five including myself um i believe that's it okay um questions from the board no chair

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