civus
Hearing video

ZBA Hearing - December 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20206h 9m

Did you understand everything that I said?

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Yes.

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Do you adopt it as your own, as if you testified yourself?

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Yes.

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Is there anything else you feel you need to add?

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No.

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Okay.

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Thank you.

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Mr. Chairman, thank you.

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Mr. Griffin, you mentioned hours of operation. Was there a proviso about not being open on Sunday?

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Judge or Commissioner, I'm not aware of that, but the business itself was not going to be open on Sunday.

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It was only going to be open Monday through Saturday.

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Okay. From noon to 8 p.m.?

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That's correct.

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Thank you. Any questions from the board?

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No.

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No?

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No.

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anyone else like to testify in this case if so please raise your hand

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chair we have

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Chair, we have Sloan Folks that's just been unmuted.

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Thank you.

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Mr. Folks, good afternoon again.

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You're still under oath.

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Just identify yourself on the record.

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Good afternoon, Chairman DiCicco, Sloan Folks, S-L-O-A-N-E, F-S-A-F-I-R, O-L-K-S, Office

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of Councilwoman Maria Keonea Sanchez from 508 City Hall.

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Inasmuch as the applicant has met with the coordinating RCO and has received a letter of support, our office has no opposition to this mayor's request. Thank you.

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Thank you. Anyone else like to testify in this case, please raise your hand.

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I see no hands, Chair.

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Thank you. Planning Commission.

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good afternoon chair peter bernard for the planning commission

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this property is indicated for commercial mixed use in the comprehensive plan we do not feel the

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property will have a negative impact on the surrounding area accordingly we have no objection

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to the granting of the special exemption at this location thank you mi2020-0001162055 north

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2nd street my vote is yes with the proviso hours of operation monday through saturday 12 noon to 8

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p.m yes with proviso yes with proviso yes with proviso yes with proviso thank you before we

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begin uh carol tanya are we ready on the 61st street case

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i believe we're checking the files on whether we receive the exhibits

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you might still be working with mr islam let's go there commissioner john griffin may i be excused

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Yes, you may. Have a good day. Thank you.

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Mr. Islam, we didn't see any files, so as a part of your...

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I just forwarded you an email to show you the original email, and I apologize. It was sent yesterday morning, but I sent you the email.

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Okay.

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It has the first round of email. I just sent it to you like about 15 minutes ago and forwarded you what was sent yesterday morning at 10 a.m., 11 a.m.

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And you said this was a legalization?

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yes it's a legalization so chair based on those facts uh and the fact that it is a legalization

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it's your call um i'm okay with it and it's up to you and sharing thank you thank you tanya we'll

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go forward with the case am i 2020 excuse me i'm yep i still haven't received them oh i'm sorry

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I'll send it right to you. Let me see.

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Okay. Thank you.

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Okay. Go ahead. We'll work it out.

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Okay. Thank you. Mr. Islam.

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Good afternoon, board. For clarity, I apologize for the delay of sending the exhibits, as I

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I mentioned earlier, my office had a medical issue. So we've been closed for the past two

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weeks and we just opened back up. In regards to this case, I submitted, we can start with page

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five of the exhibits that was submitted. That's the application for appeal. And it outlines that

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we're asking to legalize the multi-unit property, which is on a pre-existing structure, which was

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purchased in 2018. Are you able to share any of the exhibits? Oh, yes, I can share everything.

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If I have authority to share my screen, I'm sorry, yes.

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Please do.

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Let me share my screen.

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What do you want?

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I want to show this right here.

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Let me also turn my video on so you can see me.

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I'm sorry.

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All right.

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As I was mentioning, on page five is the application appeal that was filed.

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As I mentioned earlier, this was filed, I believe, in January or February of 2020.

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We asked for the legalization.

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legalization it's a two-unit property my client bought the property in 2018 as a two-unit property

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and it has been used for the most part up until that time in fact I apologize I was looking for

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but I was not able to I could provide a supplemental but I believe at one point or another we were able

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to get a license previously for multi-unit in 2019 when that license expired then they were told him

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that he needed a variance so that's why we are here today additional documentation I can provide

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to the board. Scrolling through is, one second, this is the refusal. As you see here, you notice

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that it was refused. This is the deed of ownership by Mr. Kamal. He is the owner of the deed.

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This is the deed of ownership by Mr. Kamal. He is the owner of the property.

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I do apologize, and I did send this in my email to the board when I submitted it. We were unable

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to get a tax clearance. I'm not sure why. I did not believe there was an issue with his license

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or any deficits, but the system kept saying missing information, and I filled out all of

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the forms properly i put in a ticket i can provide that to the board of love with the

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revenue department and they said it will be addressed within five business days

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but i'm not sure what was going on excuse me this is sharon saletta again and i'm sorry to

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interrupt i'll check it now okay thank you um and then the last thing i would like to show is uh i

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have pictures of the posting um and as well as and this was a mistake as well here here is the

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drawings that were done um this was done previously um we submitted these uh this was not submitted

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in the packet, but I could update the file to that effect. As you can see, it's a two-floor

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property. First floor is one bedroom. The second floor is a two-bedroom. I'm sorry, they're both

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two-bedroom, I followed you. One bedroom in the front, one bedroom in the back, and the second

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floor is a two-bedroom as well. The last thing I would like to show is, and then I could talk

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about the meeting with the RCOs. I'm sorry, scrolling through. Let's get to the pictures.

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Sorry. All right. Beginning pictures. So here's some of the pictures of the inside of the

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property. As you can see, leads up into the apartment. It leads up to the second bedroom,

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second story, where that bedroom is. This is an opening into that second story, I believe.

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You see the multiple bedrooms there. And this is a picture of the first floor. Most of the

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work has not been able to be completed because we're waiting for this renewal, this approval

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today.

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As far as meeting with the RCO...

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Excuse me, I'm sorry to interrupt again, Mr., but the property is not tax compliant.

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Taxes are unpaid for 2019, 2020, 2021, and there is a lien on the property, a tax lien.

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I was not aware of that.

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like I said normally it tells you that when you

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well not tells you that but it tells you reject it

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and it kept saying missing information I've spoken

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to my client and I've

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we're not going to be able to go forward with your

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case

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all right

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with that being the case Mr. DeChico

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I would add request for a continuance

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this is our first continuance request

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we would be able to I can have

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my client address the tax issue and

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come before the board

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do we have a date

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um probably was this a regular request um application

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what do you mean expedited it wasn't expedited it was a regular application

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um okay so go ahead excuse me chair can i make one suggestion there might be an easier way to

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do this since this is really just um you know receiving something that doesn't affect the

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merits of the case if you could go you could go forward with the case and hold it with the record

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closed except for submission of proof of tax compliance and then you could vote it or if i

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could suggest if there if it's a payment plan a letter from revenue something like that to assure

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us that it's being paid all right yes okay we'll do it yes that would be i appreciate that all right

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as we've been doing some time.

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My apologies.

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The last thing I was going to say with the RCOs,

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we've sent out several communications.

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As I mentioned, this has been starting

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since I think February of 2020 when we filed this.

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So it's been waiting for some time.

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I was unable to ever actually physically meet

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with all of the RCOs.

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However, I was contacted last week

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by the RCO, the Courtney and RCO, Craig Medellusio.

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Him and I spoke.

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He did not provide me a letter,

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but he did provide me text messages

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saying that he would be appearing today

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and that he would agree to support the application.

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That's what he told me.

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So if he's here today, I can't confirm that,

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but I can confirm it via text message

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if I had to provide that.

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Craig, you're available to unmute.

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Hi, Craig Melodosian, M-E-L-I-D-O-S-I-A-N.

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Award 40, Republican RCO, P.O. Box 33355.

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I spoke with Mr. Islam and indicated to him that I suggested a hear and hold and that the case would have a proviso.

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and that the case would have a proviso.

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Well, first of all, I have some familiarity with this building

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because of work with other properties on the block and around the corner.

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I do believe it has been used as a duplex when going through the archives.

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I did see a license previously issued for it.

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And the legalization of the existing use would be consistent

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with how we've handled similar matters in the past.

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My concern was that based on the record regarding licenses and inspection, there were a number of open violations, two of which I don't want to say were minor, but were fire, involved fire code.

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So my suggestion was that, one, there would be a hearing hold, two, we'd set up the community meeting, and three, the proviso would indicate that we'd be supportive of it, and he'd be given, I would suggest, 60 days to clear up any outstanding violations since they may be construed as life safety violations.

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And we've, again, recently had two more fire deaths in the 2nd Councilmanic District approximately 10 days ago.

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we could we could accommodate that by uh putting a proviso that a co must be maintained obtained

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rather excuse me within 60 days of approval and we have no objection to that i think i said

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we still got to get the tax issue correct i understand i'll have my client he's

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you should be on the call um but you can speak we can call him in but um you can bring him in

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but we can resolve that as well.

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Any questions from the board?

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No.

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Anyone else like to testify in this case,

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please raise your hand.

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I see no handshare.

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Any commission, thank you.

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Good afternoon board, Peter Bernard

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for the planning commission.

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This property is indicated for single family residential

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in the comprehensive plan.

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it is clear from materials presented that the property has a long history of being used as a

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multifamily. Accordingly, we have no objection to the granting of the variance. Thank you.

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Sharon and or Tanya, just so we're clear, we can close the record. Yes, it will be held pending

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receipt of proof of tax compliance. The record is otherwise closed. And as far as the CO,

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we can put that on the record now or do we do it well you will have to

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at the time you vote okay so we'll make a note of that at the time we get the tax clearance and

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or a payment agreement we'll put the proviso in about obtaining a co within 60 days of of

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the application being approved thank you very quickly uh who should i contact or is there or

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miss circuit is there a point of contact for the payment plan um so you would reach out to revenue

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no no no not that i i not handle that who do i send the commission to

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your documentation to support or supplement the record will come to me okay thank you

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you're welcome and to me please i'm sorry sharon saletta and the rco box those email addresses

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that was on the documentation you got okay thank you you're welcome okay thank you um count

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we ready yep okay calendar number 1301 317 north 41st street

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317 North 41st Street

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Anyone here for 317 North 41st Street

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The attorney is Rachel Pritzker

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I see no hands, Chair

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We did receive her exhibits from Ms. Pritzker.

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I can try to contact her if she's new.

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We'll put that towards the end, all right?

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We'll go to case number 10.

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Okay, calendar number 2413, 4217 Lancaster Avenue.

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Alan Nockamson has been promoted to panelist.

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Good afternoon, Mr. Nockamson. You're still under oath.

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Thank you.

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Please identify yourself on the record and Carol will give you the rest of the information we need.

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