civus
Hearing video

ZBA Hearing - December 15, 2020

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

Again, there's the church, the hair and nail salon, and the tax accountant's office.

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This is, again, the church and the daycare.

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so and this is 261 south 60th and this is 259 south 60th exhibits uh seven and then here's

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more neighboring properties looking um northward on 60th there's a little takeout breakfast spot

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over here uh there's a bar on the corner um on the other side of the street is a jamaican restaurant

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some other restaurants and things i'll show you the water race shop that was the one i was hoping

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You can summarize. We get the picture that it's pretty heavily commercial.

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It's a fairly heavily commercial block of 60th Street.

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A number of small businesses and mixed-use properties on the block.

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I snapped a lot of pictures. It was a nice day. I was eager to be outside.

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Exhibit 7C is several photos of our orange posters with the notice of this hearing posted at least 21 days ago.

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Here's one that's right on the chain link fence of our property.

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Here's a sideways view of the same sign on our chain link fence.

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And there's our orange sign on the chain link fence again.

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Exhibit 8 is our date stamped application for appeal that was filed on September 10th of 2020.

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Exhibit 9 is our project information form, which was filed in September of 2020, in August of 2020, August 24th.

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Exhibit number 10 is our affidavit of service of mailings of notices to the neighbors, which we mailed on October 27th to all the addresses provided to us by planning.

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This is our notice to the neighbors dated October 27th, and as it mentions, the only

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refusal that we are seeking a variance from was for maximum occupied area.

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This is our letter.

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As you can see, everybody that was CC'd, copy of our notice of refusal.

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These are all the addresses that we mailed out to.

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It's quite a number because it's a fairly dense neighborhood.

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And Exhibit 11 is the deed in favor of Raphael Realty that was recorded on March 12th of 2020 in favor of my client Raphael Realty LLC and all the attendant documents with the DEA tax cert, transfer tax certs.

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And those are our documents. I would just like to ask my client a brief set of questions, if I may. Mayor, are you out there?

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Yes, I'm here.

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Mayor, please identify yourself with the record.

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Spell your first and last name.

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Sure.

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Mayor Badouche, M-E-I-R, B-A-D-U-S-H.

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And do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I affirm.

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Please proceed.

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Mayor, you are a principal of Raphael Realty, LLC, correct?

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Correct.

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And did you hear all of my testimony that I offered to the board today?

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Yes, I did.

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And would you adopt that testimony as though you had given it yourself?

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Yes. If I could just make, if I could just may add one point that the reason why we're looking for the extra seven or eight foot is basically so we could have a two bedroom apartment.

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Otherwise, without that, the apartment would just be too small and it wouldn't be beneficial for the area.

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thank you and i have nothing further thank you questions from the board no no no nope anyone

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

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i see no handshare thank you planning commission good morning david vecto city planning commission

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mr chairman and members of the board this property is indicated for high density commercial mixed use

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in the City's Comprehensive Plan, we do not object to granting this variance.

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Thank you very much. MI 2020-0015

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Thank you very much. MI 2020-001570, 261 South 60th Street, 60th Street, my vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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General, hold off, please, one second. A little housekeeping here.

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Earlier this morning, we announced that MI 2020-0015685039 Worth Street is continued.

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Just want to announce that request for continuance is to be a continued as a request attorney moving party.

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So the record will reflect that case number 13 is attorney moving party.

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Okay, thank you.

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So, calendar number 1563, 3138 West Allegheny Avenue.

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Thank you, members of the board.

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I have nothing further.

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I'm going to unshare here.

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That's okay.

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Thank you.

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I appreciate it.

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I have no further business.

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I'm going to log out.

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Thank you.

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jennifer is this you yes i'm here okay can you put your name and address on the record

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please and spell your last name sure jennifer bazidlow b-a-z-y d as in dog l as in larry o

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as in oscar 4500 worth street suite d202 philadelphia pennsylvania 19124 do you swear

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are a firm to tell the whole truth and nothing but the truth? I do. Do you agree to waive and

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stip? I do. And have you emailed your exhibit packet with proof of ownership, tax compliance,

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refusal, referral, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter? Yes to all of that. Thank you. You may

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proceed. All right. Give me a second. I'm going to share my screen. And then let me get on the

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correct case. All right. So like I said, my name is Jennifer Bezidlow. I'm here today representing

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the owners of 3138 West Allegheny, Kenai Kennedy, who owns the property through her LLC, KSF

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Acquisitions LLC. She should also be on the line for when we need her. I emailed in a packet with

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refusal, deed, proof of property tax payment, a letter of unanimous support from the RAH

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Civic Association, an email of non-opposition from Councilman Jones's office who may or may

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not be on the call today as well, a couple of letters of support from near neighbors,

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our community notification records, OPA property records, aerial view of the property, zoning map,

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use permits for nearby multi-unit properties, photographs and plans,

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which I would like to incorporate into the record. Let me just go to my photographs here.

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One second.

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Sorry, I'm just getting used to the bookmark method of doing this. So one second. Okay, so

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So 3138 West Allegheny is a just under 1,200 square foot RSA 5 zone parcel on the south side of Allegheny Avenue between the intersection of Hunting Park and Henry Avenue and 32nd Street.

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So you can kind of orient yourself right here.

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This is facing north.

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My client purchased this property in May of 2019 at Sheriff's Sale, where it was advertised as a

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two-unit building. If you go to the OPA records, we can also see that the city, the OPA records,

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indicate that this is a two-unit building. At the time of purchase, the property was already

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divided into two units in the floor plan that we are currently proposing.

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Let me get to the floor plans. The floor plans include one unit on each floor.

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Each unit is a two-bedroom, one-bath unit with its own separate entrances.

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The first unit enters directly through the staircase going up and the second unit there

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is a hallway from a separate entrance that goes up to the second floor. I'm

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going to go back to my photos to show you those two entrances which were

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already in place at the time of purchase. Let me see if I can get this a little

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bit bigger for us.

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Sorry, just trying to get everyone on board here.

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So you can see that there's two separate entrances.

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This is the entrance that goes to the upper unit, and this is the entrance that goes to

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the lower unit.

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So the owner, after purchasing this property at Sharersale, applied for some building permits

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to complete the renovations, and were denied because there was no record of the, despite

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the OPA records, despite it being advertised its share of sale as two units, Ellen and I did not

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have a record of this being a two unit building. The use of this property, let me just show you

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some interior photos. These are the units, this is the first floor unit, and then you see the

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entranceway up to the second floor, the second entrance, and the second floor unit. They're

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use is not out. Oh, so the goal of my client is to legalize these existing two units, obtain the

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building permits necessary to finish the renovations, and to rent a suitable tenant from the existing

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community. The use of this property as a duplex is not out of character with the existing uses.

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We can look at the zoning map here. Hold on one second.

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Sorry, this is scrolling slowly. So this is our property and why we are an RSA 5 zone property.

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You can see that it's immediately adjacent to industrial commercial mixed uses and heavy

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commercial use, as well as some multifamily zoning. Additionally, on the south side of the 3100

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block of West Allegheny, there are at least four other permitted two and three unit buildings,

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including the property immediately adjacent to our property at 3136, which is also a legal

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two unit building. Here's the, here's the use permits for the other multi-families on the block.

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This block, like I said before, is also not purely residential. When we go back to the aerial view,

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the, this is a McDonald's and this is a Pep Boys. So while you have some,

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you have a mix of single and duplex and triplexes along the residential portion.

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You also are adjacent to commercial uses. Across the street is the headquarters for Pet Boys,

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so it's a large commercial office building, and this structure over here is an auto zone.

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West Allegheny is also a large two-way street with heavy traffic.

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So we met with RH Civic. I'm just going to pull up the RCO letter. It was a fairly well attended

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meeting. And after that meeting, the community voted unopposed to support this project. I'm not

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sure if the owner of 314 West Allegheny, who's the other neighbor, who owns a single family

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home adjacent to our property uh he was at the meeting and testified in support that he was very

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happy that this property would be put back to use and occupied um and he also we also have a letter

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of support from that neighbor um uh supporting this use the use of our property as a two-family

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dwelling um i would just like to ask at this point i can show you the letter hold on one second

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letter from nearby neighbors and we had a couple other there was a couple we would have had more

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letters of support but there was a couple of health issues and obviously COVID um prevented

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a lot of outreach to additional community members but we do have a few from 3134 um this is 3128

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letter of support and then importantly this is the single family home that's attached

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to our property that is also in support of granting this variance. So just in summary,

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we have a mixed-use block that's owned single-family but has multi-family dwellings on it

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and also has some heavy commercial uses surrounding it as well as some industrial uses.

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So I would just ask, but we have unanimous community support. I would ask that Keena

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be asked to be allowed to speak so she can adopt my testimony.

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thank you please proceed ma'am

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could you please have your client to raise her hand

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Could you please have your client to raise her hand?

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Keena can you please

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Keena, can you please raise your hand?

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There should be a button at the bottom of your screen.

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Or if you are on the phone, I believe it's star nine to raise your hand.

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Keena has been unmuted.

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You're free to speak.

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Hi.

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Good morning, ma'am.

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Please identify yourself with the record.

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Spell your name and I'll swear you in.

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Hi, my name is Kena Kennedy, K-E-E-N-A, Kennedy, K-E-N-N-E-D-Y, and company name is KSF Acquisitions.

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Thank you.

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Swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you.

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Please proceed.

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Kena, you heard my testimony here today?

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Yes.

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You believe it to be truthful and accurate?

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Yes.

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And would you adopt it as your own?

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Yes.

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Thank you. Board, do you have any questions?

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Questions from the board?

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No.

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Anyone else would like to testify in this case?

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If so, 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 morning. David Vecto, City Planning Commission.

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Mr. Chairman and members of the board,

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this property is indicated for residential multi-family use in the city's comprehensive plan

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we do not object to granting this variance thank you very much mi 2020-00153 excuse me

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start again mi 2020-001563 3138 west allegheny avenue my vote is yes my vote is yes

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my vote is yes my vote is yes my vote is yes thank you thank you members of the board

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thank you calendar number 1572487 hermitage hermitage street

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Yes, this is Elton Dos Santos, the owner of 487

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Hermitage Street. Sir, have you emailed your exhibit packet with all the required documents

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which would be proof of ownership, tax compliance, refusal or referral,

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photos and or plans of the property five days in advance of this hearing

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and have you met with the RCO and do you have a letter?

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Sir, you have to unmute yourself to speak.

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Excuse me, this is Sharon Saleta.

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I did review the exhibits and there is a letter in support from the Central Roxburgh.

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okay do you swear or affirm to tell the whole truth and nothing but the truth

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yes i do okay you may proceed yes i so i'm the owner of 487 um hermitage street

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and i'm currently trying to seek approval to extend our property um by five feet

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So we had met with the Roxborough Zoning Association on October 1st, and 28 of the

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neighbors had attended. We also have three of our neighbors, adjoining neighbors, that approve our

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plan. And this is the letter. So, sir, are you trying to share your screen? Yes. Oh, sorry.

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I didn't share. Hold on. Is that being shared? Yes, we have it now. Okay. Okay. And this

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This is our, this is the letter from Celeste Hardister, the president of our area associations.

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This here is the appeal.

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Here is the deed of my property.

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our tax compliance letter.

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This here is the plan.

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