civus
Hearing video

ZBA Hearing - December 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 17, 20242h 33m

Thank you. Any other comments from the virtual audience?

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I see no.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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And sure, these will be for all three properties as well.

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Thank you.

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The comprehensive plan recommends no change to the RSA 5 residential single-family zoning at this location.

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Strawberry Mansion was rezoned in 2014.

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At that time, the single-family zoning at the site, which dates back to the 1970s, was left unchanged.

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The properties have been vacant for 20 years, and the proposal is for a complete rebuild of the structures.

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The plot has not demonstrated that there are unique physical conditions or circumstances of the properties that would prevent them from being used in conformance with the zoning code.

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The Planning Commission recommends that the Board deny the proposed use variances for two family dwelling units in 3208, 3210, and 3212 West York Street.

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counsel we're um we've had a testimony roll to this i'm going to sit and talk to the other

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members of the board and we will vote on this january 8th at 9 30 a.m thank you very much

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Commissioner. Thank you. Thank you. All right, let's see here. We're going to go to number

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number seven, MI 2024-003-086-7330 Ridge Avenue. Catherine Misner is the attorney.

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Pam Lachman is also an attorney representing the Protestants.

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Could they both come on, please?

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Good morning.

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Good morning, counsel.

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Could you please state your name and spell for the court's sonographer?

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Yes, Catherine Missimer.

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It's M-I-S-S-I-M-E-R at 1835 Market Street, Suite 1400, 19103.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do. Thank you. Second counsel, Pam Lachman.

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Do we see the counsel in the audience? Yeah, the counsel has already been

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promoted to panelists. It seems that they keep unmuting and muting yourselves.

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Mayor Redekop, Council?

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They may be having technical difficulties on their end.

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Mayor Redekop, Council?

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Lachman

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Hildory

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I was going to say

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I see her muting and unmuting

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and we can't hear her

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when she's unmuted and then she quickly

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mutes again

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Bill from IT do you have any suggestions

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Why don't we do this

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Why don't you log out and try to log back in again?

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Chair, we have a Frank Cavani with your hand raised.

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Are they related to this case?

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They are a witness in this case.

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We could go to the next case and then come back.

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Why don't we go to the next case and we'll come back.

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Counsel, we're sorry, but we'll get back to you as quick as we can, okay?

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Appreciate it.

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Thank you.

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Number eight, MI 2024.

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Number eight, MI 2024-004-851-1409-13, Fitzwater Street.

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Vern Anastasia was the attorney.

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Thank you.

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All right.

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Vern?

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Yep.

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Just state your name for the record, please.

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Yes.

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Yes, Mr. Chair of Vern.

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anastasio anastasio on behalf of the applicant greg schumann our vice chair has a few questions

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sir thanks good morning council do you agree to waive the reading of the refusal or stipulate

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to its accuracy i do have you emailed in all the required documents and exhibits that's needed and

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required to proceed with this case five days in advance of this area i have thank you council

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Council, please proceed and share your screen.

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Council, just for a note, there's a letter of unanimous support from South of South Neighborhood Association

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and a letter of unanimous support from North of Washington Coalition.

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Please proceed.

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Thank you, Mr. Chair, members of the board.

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As you said, we have unanimous support from both RCOs in this service area.

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Here's the property in question.

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It is 1409-13 Fitzwater Street.

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For decades, it has been an auto repair shop.

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As you can see, it's sort of an anomaly surrounded by residential homes.

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And that's where it sits right there on Fitzwater.

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The application is for personal services.

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In this case, it would be for personal training services.

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As such, we've gotten a refusal, because the property is zoned RM1, although it's

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again, been a garage for as long as I've been alive.

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The appeal was submitted.

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Again, detailing in great depth how the personal services will not adversely impact the community,

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would be less of a impact than the previous use.

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And it's personal training, to be specific.

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As you can see here, the interior shows the different sorts of machines and the tools.

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Byron, could you make it smaller so we can see the whole picture?

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Yeah.

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There's treadmills and rowers and ellipticals on one end.

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We've got some dumbbells, a power rack, a stepper

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Leg press, rowing

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Just about everything you would expect

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We have a front office here

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And we have a space for the different tools

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For tennis, volleyball, baseball, hockey, basketball

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And we have a turf area in the center

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this is the property in question

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I'll zoom in so you can see

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been auto repairs again

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sandwiched between residential properties and across the street

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from residential properties for decades

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This is the equipment that's been going in.

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My client believed at the time that this would be a permissible use given the long history

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of the property.

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There's the office that I mentioned earlier.

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Here's the letter of notification that went out to all the individual impacted households,

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inviting them both to the community meeting and to the zoning hearing.

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45 individual households were mailed.

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Another four here, 45 there.

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45 there.

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The flyer, I mean, sorry, the notice of zoning, hearing, the proof of posting.

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And then we have, of course, the rental license, tax clearance, and all the other reliable information from the city of Philadelphia.

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Here's the letter from SOSNA. Again, overwhelming support for this, as well as the North of Washington Registered Community Organization.

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because of the long history of commercial sort of light industrial use even at this space,

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because my client, Mr. Schumann, as owner of TREC Personal Training,

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will not adversely impact the community and still yet enjoys, in fact, overwhelming support from his neighbors.

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We're respectfully requesting the granting of the variants for personal services. Thank you.

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with that i'd like to bring your client on burn please greg schumann raise your hand

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would you please state your name and spell for the stenographer

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greg schumann greg is g-r-e-g schumann is s-c-h-u-m-a-n-n

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

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Yes, I do.

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Please proceed, counsel.

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Thank you.

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Greg, you are the owner of Trek Personal Training.

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Is that right?

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Yes, it's On Trek Fitness is the name of it, but I don't know what happened.

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Okay, very good.

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And you heard my presentation to the board today.

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Yes.

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Do you adopt it as your own testimony?

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Yes.

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Very good.

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Thank you.

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Questions from the board.

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Questions from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Chair, we have one hand with a hand raised.

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Jeremy Blaston has been allowed to speak. Please unmute yourself, Jeremy.

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Could you please state your name and spell for the stenographer?

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Morning.

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They have not unmuted themselves.

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It seems that they may have been experiencing technical difficulties.

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Anyone else from the virtual audience?

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I see no hands.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change to the arm-run residential multifamily zoning at this location.

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The city changed the zoning maps in this neighborhood in 1977.

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This property has a documented history as an auto repair shop.

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The zoning code contemplates personal services, a commercial use, as having less impact than auto repair and industrial use.

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The City Planning Commission recommends that the board grant their proposed use variance for personal services.

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M.I. 2024-004-851-1409-13, Fitchwater Street, I vote yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ty Ewen, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Council, could you stay on, please?

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Yes, sir. Thank you.

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MI 2024-007-176, 1909-13 South 12th Street.

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Bernard Anastasia was the attorney.

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This is an appeal against L&I.

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Leonard Reuter will represent the city.

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Leonard has been promoted to the panelists.

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Good morning, counsel. Could you please state your name and spell for the court's sonographer?

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Yes. Good morning, Mr. Chair Verne Anastasio.

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No, no, no. I already have you. I'm Leonard. I'm talking about Leonard.

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Apologies.

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Good morning. May it please the board, Leonard F. Reuter, Senior Attorney, City of Philadelphia.

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Do you ever affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Okay. This is an appeal against L&I. Mr. Anastasio, do you want to start?

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Thank you.

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First, Mr. Chair, I want to make sure that the board knows that we augmented our exhibit

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packet yesterday with a memo brief for 1909-13 South 12th Street, and I'm not quite sure if

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and I did, I'm not quite sure if the board got an opportunity to read it or review it. I suppose

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the board got an opportunity to read it.

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you might do that subsequent to the hearing today, taking testimony. I also did send that over to

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Mr. Reuter, albeit late, so he may not have gotten a chance to review it much either, so I did just

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want to share that with you, and I want to move, make sure that it's moved into evidence, and with

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that. Hillary, we have that, right, Hillary? I have not seen it, but if it was sent last night,

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it could have been after. Yeah, it was uploaded to the system, so I could also send it to you

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individually if you'd like, Ms. Emerson. Okay, no, that's fine. I'm sure it's there. Thank you.

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Thank you. Yeah, and this is the timeline, Mr. Chair and members of the board. In March of this

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year, a zoning application was submitted for a subdivision and new construction of three homes,

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three residential homes on a residential block. The zoning application comments from Plans

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and Examiners started in April. Towards the end of April, April 23rd, the permit was issued,

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not only for the subdivision, but for the construction of the three homes.

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right so the then then the zoning permit was posted on the property for 30 days with no

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objection from anybody uh in august the building application submitted uh for all three properties

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there were then uh comments from the plans examiner on the 16th of of september twice

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There was responses given. After the responses were given, there were no more information sent from L&I to Mr. Toner, who was the architect applicant on the project.

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And then later on the 23rd, there was an email received from one of the supervisors at L&I that after all this time, the permit was being revoked.

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We appeal that revocation today for obvious reasons.

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My client has been working.

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Here's the copy of the permit itself that's being revoked.

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My client once received the permit and posted this permit for 30 days with no objection,

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They then began to irrevocably change the property through demolition and begin the process of building, investing over $100,000 in professional services and other carrying charges.

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and all of that is detailed in the exhibit packet that I sent.

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Pages 13, 14, and 15 show all the expenses that have been incurred.

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We believe the revocation is inequitable.

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It contradicts doctrines of variance by estoppel and vested rights.

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Their permit to build homes, again, was secured in April 2024, posted for 30 days without incident or objection.

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