civus
Hearing video

ZBA Hearing - January 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 10, 20245h 43m

Mr. Chandler.

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Mr. Chandler.

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I'm going to see if I can promote him again.

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Okay.

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i see him at the bottom there okay mr chandler yes how did you you find your computer working

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okay uh yes uh let me uh call up all right do me a favor just for the record you've already

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been sworn state your name for the record uh david chandler c-h-a-n-d-l-e-r with co-counsel

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Helen Beck, B-A-I-K, and let me pull up the exhibits.

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Okay, please.

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Okay, do you see them now?

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No, we do not.

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You do not?

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We do not.

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Share screen.

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Let me put the share screen first.

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Share.

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It's coming up now.

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Yeah, but we only see your, we don't, okay.

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Do you see them now?

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Yes.

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Okay.

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Yes, this is an application for a variance for, this is a grocery store and the applicant wishes to sell hot food.

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So they need a variance for that.

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He already sells cold food and all the other food items that a grocery store normally would have.

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Now, let me go to the photographs. That would be very helpful. Okay, number 47. This is the storefront of the store at 58th and Catherine Street.

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Then the next one, this is a side view, 58th and Catherine Street.

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And 40, okay, and this is another side view looking down 58th Street.

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and this is the front of the store the entrance now i'll show you some of the interior shots

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this is a uh interior shot of the uh the store now towards the back you see where they uh sell

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cold cuts and that's the area where the hot food preparation will take place uh this is uh near the

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front of the store. And now this is the right side of the interior of the store. Again, you

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can see the rear of the store where the hot food preparation will take place. Again, this is where

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the currently cold cuts are sold. And this is the area in back of the counter where the hot foods

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will be prepared. Again, this is the storage room in the rear. That's only the employees can go

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there now i'll show you the zoning posters this is one in the front this is one on the side on the

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58th street side and this is one the uh for the front door and also uh the uh at the community

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meeting on december 4th the main concern of the uh community group was that the there would be

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adequate trash pickup because with hot foods there would be a tendency to generate more trash.

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So our client agreed that in addition to the once-a-week pickup by the city sanitation

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department, he would hire a private hauler to haul trash away as needed probably at least once

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as needed probably at least once a week if not more depending upon the volume of trash

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a week if not more depending upon the volume of trash.

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and this is the area in the rear outside of the store where you have the current trash

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trash cans and he will have more if necessary there were

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he did have a number of he circulated a petition among the neighbors and he got 225

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signatures in support. This is the first page of about 25 pages, altogether around 225 signatures

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in support of the proposal of the applicant. They want him to sell hot food. And we did send

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a uh notices to uh about 189 neighbors on the on the list and this is the first uh

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of four pages showing all the uh all the neighbors to whom we mailed the um the um

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the notices to and this is the there were 179 letters to the neighbor's first class and they

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were mailed in time for the meeting on December 4th. At the meeting, the community group issued

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a letter of no opposition. So we respectfully asked the board to grant the variance and grant

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the application of our client. Counsel, is your client here? Yes. As a matter of fact,

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sure he uh we asked for a spanish interpreter but no one is available miss beck is fluent in

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spanish so she can't interpret or well we can't i don't i don't believe we can do that we can only

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interpret when we have uh okay well i i can ask him for me i can ask him about the uh uh

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okay um well you're you're an officer of the court i mean yes you've you've been in front of him

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before talking to him about this

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and somebody explained to you

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what he was saying to you, right?

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You explained to him, right?

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Yes.

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All right, we'll take your testimony

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as an officer of the court.

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Is that okay, Hillary?

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Yeah.

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That's fine, Mr. Chair.

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Okay, good.

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That's fine.

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Thank you.

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We're good.

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We're good.

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Okay.

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Questions from the board.

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Okay.

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No, Chair.

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Questions or comments

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from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Comments from the virtual audience.

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There are no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good morning, David Fecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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This property has a documented history as a grocery store.

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The City Planning Commission recommends that the board grant the proposed use variances for multiple principal uses.

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and for retail sales of food, beverages, and groceries.

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Thank you.

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Number three, MI 2023-004-274-5800, Catholic Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you, Mr. Chandler.

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You have your votes.

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Okay, thank you very much, Mr. Chairman.

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Sure.

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Okay.

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Number 13, MI 2023, 001-967-6614, North 13th Street.

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Darlene Treat is the attorney.

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Okay, we got it.

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Okay.

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Darlene Treat has been promoted.

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Okay.

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Good morning, counsel.

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Counsel?

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Council?

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We're trying to repromote her chair.

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Thank you.

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Good morning, counsel.

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Could you unmute, please?

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Unmute.

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Thank you.

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Sorry about that, Commissioner.

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Sure.

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Could you just state your name for the record?

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You've already been sworn.

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Darling 3, Darling 3 & Associates, 45 East City Avenue,

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balakinwood pa19004 okay please proceed with your presentation

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good morning commissioner i represent the applicants at 6614 north 13th street

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i submitted a package of exhibits today which concern which contains approximately 43 documents

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This is an application to legalize a duplex.

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The applicant, Mr. Perez, bought this property back in 2022 and proceeded to make a residence in the bottom of this property for his mother.

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The applicants did attend a meeting with the Civic Association where they explained that he wanted some separate quarters for his mother to live in.

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It is my understanding that the applicant, his mother, and Ms. Cadelio went to the meeting.

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Commissioner, you indicated that there was a letter of non-support.

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I'd like to address that letter.

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No, no letter of opposition.

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a letter of opposition

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it's my understanding that there was a meeting held here for this um project on september

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23rd 2023 and the vote was actually a 21 to 10 in support of the application

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But the board here decided that it was not a project that the board wanted to support.

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I think you, well, it was eight unconditional support, 13 in support with conditions, and 10 in opposition.

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Yes, and commissioners, we had no problem, but I don't know if the actual proviso that the supporters wanted is really enforceable.

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The proviso that was suggested that's mentioned in the letter that this property is only used for the applicant's mother to live in the basement.

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Once the property is sold, it would revert back to a single-family residence and that there would be no outside renters.

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Only the family member could live in the basement.

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Commissioner, this is what the property looks like.

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It's a single-family residence residence.

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She was not working today.

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What's going on today?

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This doesn't seem to be working.

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I apologize. Here we go.

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Commissioner, here are the plans for this property.

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Basically, it is a two-story residence.

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It's a first floor in the basement.

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The basement is actually more than 50% above grade.

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The applicant currently lives on the first level, and his mother lives here on the second level.

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Here is a layout of how the property is designed.

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As you can see, it's a pretty big property.

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is the first floor residence up here.

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First floor residence here, which has three bedrooms and

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two bathrooms. The lower level has

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four bedrooms and two bathrooms also.

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Here is a picture of the posting. Here is a picture of the property

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in general. There's some pictures of the

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in general. There's some pictures of the neighborhood.

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neighbourhood

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That's the front of the property. Here's a picture of the interior of the property,

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the upstairs bedroom, the living room.

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The basement, another additional bedroom, the bedrooms and the bathroom in the basement,

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the open area in the basement,

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the kitchen currently in the basement,

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or the lower level, I'm sorry,

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the family room in the lower level,

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more of the kitchen area of the lower level.

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another bedroom

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in the lower level office

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so just additional pictures of what the

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downstairs currently looks like

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it's a bathroom

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Commissioner, it was a meeting unnoticed for September 20th, 2023.

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It was a well-attended meeting.

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There was quite some discussion at the meeting.

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Here are the certified receipt for the mailings for the meeting.

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and here is the actual letter that came from the meeting. It reads that there were actually

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21 residents in support of the request for the variance. There were 10 in opposition.

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The main concern was they didn't really want a multifamily where it would be a rental for the

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community, but they were satisfied with the representation from the applicant that the

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apartment was made specifically for his mom, that his mom currently lives downstairs, and the

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applicant was more than unwilling to enter into any type of provisal, indicating that the bottom

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level would be for family use only for his mom, and if he were to sell this property, that he had

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no opposition to reverting it back to single-family usage.

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Commissioner, I didn't attend this meeting myself, and I'm not really sure

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that that type of proviso can be

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issued by the board. I would defer to

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Ms. Emerson for that. With that, I would take any

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questions that you had concerning the application.

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Mr. Perez, can you

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identify yourself for the record, please?

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Mr. Perez is allowed to speak.

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Please unmute yourself and wait for the chair.

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Hi, Mr. Perez.

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Could you state your name and spell, please, for the court synagoguery?

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Mr. Perez, can you unmute, please?

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uh arlene you're an officer of the court we will lately take your testimony

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okay okay thank you what questions from the board no no questions or comments from our attorney

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hillary emerson um just briefly mr chair a proviso um limiting the proposed use of the

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property to the current owner is not enforceable by the board because zoning runs with the land

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um one option that could potentially be looked into but this would be a different

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use would be an accessory dwelling unit at the property hillary how about a temporary variance

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