civus
Hearing video

ZBA Hearing - April 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 21, 20218h 28m

Can you raise your hand, please, if you are here with us?

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Why don't we do this, make life easier?

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You being an officer of court will stipulate that your client would have adopted your testimony.

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I will do that. Thank you. Yes.

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So is there anyone who would like to testify in this case?

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Please raise your hand.

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Mr. Sloan, folks.

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Mr. Folks.

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My name is Sloan Fuchs, S-L-O-A-N-E, F-S-A-F-I-R-O-L-K-S, Office of Counseling Maria Quinonez Sanchez from 508C.

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

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

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I do, sir. Our office received a letter of support from the coordinating RCO North Square

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Civic Alliance. Given that letter of support, the Councilwoman has no opposition to this

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day. Thank you. Anyone else to testify in this case? Thank you. Planning Commission.

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good afternoon david effecto city planning commission mr chairman members of the board

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the comprehensive plan recommends this property for residential multi-family use

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other homes on the block are two-unit homes we believe that a three-unit home on this

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lot is an overuse we recommend that the board deny the request of fairness

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thank you 20-001-830-2041 North Reese Street my vote is yes my vote is yes my vote is yes

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my vote is yes my vote is yes thank you calendar number 0603 213-15 New Street the attorney is

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And Mr. Chair, we also have a letter of support from the RCO and Councilman Scuola is in non-opposition.

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All right. Good afternoon, Chairman, members of the board.

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Leo Mulvihill, M-U-L-V-I-H-I-L-L, address 1441 East Oxford Street, Philadelphia, Pennsylvania, 19125.

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Here on behalf of the applicant.

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Thank you.

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Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, plans, and photos five days in advance of this meeting?

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

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Yes.

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Thank you.

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You may proceed.

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All right, members of the board, this is a simple request.

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we're looking to put a single family dwelling in a cmx3 district for purposes of the record here's

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my packet refusal appeal project information for on page one zoning maps at seven deed at eight

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tax clearance 18 starting notification 19 rco letter of support 19 or pardon 22 photos of

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property at 23 plans at 43 very simply this is an existing structure warehouse structure one story

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located in New Street. There was a lot of consolidation that was done, and my clients

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who are present on the line, Michael and Brandon Tomasetti, want to put their house here. There

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are other homes in the area that are in the CMX3 district, and this was mentioned to us

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at the zoning hearing with Franklin Virginia University Association. Showing, just for

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purpose of the record, page 7, all this area is on CMX3. There are multifamily and single-family

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comes throughout, we're indicated here on this blue dot.

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Incorporating all of this in the record, moving now to page, pardon me, 23.

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This is the existing structure.

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We're not going to do much to the outside other than put nice new windows in it, have

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some parking.

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We're just going to do the quick 360 so members of the board see what's going on.

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At page 23, right now, this is looking eastbound on the new.

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this is directly across the street multifamily

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this is looking westbound on node again multifamily also in cmx3 this is directly

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west of the structure it's an empty parking lot this is the rear of the structure uh that fence

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is along the property line the building is 100 lot coverage and this is another shot looking

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westbound on the street. This is the interior photograph of the property as it exists today.

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More interior photos. More interior photos proceeding through to page 43. This is the

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description of the proposed lot consolidation at page 43. This is the proposed consolidation

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This is the proposed consolidation plan, which I believe has gone through at page 44.

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plan, which I believe has gone through at page 24.

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Showing now at page 45, this is the proposed renovations that we seek to do to the building,

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including where that block is right now, the installation of new windows, assuming my computer agrees.

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Here we go. Nice new windows, new garage door, facelifts at the facade, but nothing terribly crazy.

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So our refusal was essentially, you can't put a single-family dwelling here.

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We have full support from the neighbors.

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My clients are excited to move into the property as soon as we get this board's refusal.

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Otherwise, other than cosmetic improvements, that's all we're seeking to do.

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The hardship is thus.

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It is a large structure.

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My clients wish to have one family dwelling there and move in there themselves.

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If this were to be CMX3, there would have to be some sort of additional either raising of the structure or new construction done

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in order to make this viable for a multifamily living property and considering the residential

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character of the block and a similar project that was done just around the corner only a few years

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ago we think this is this is within the character of the block and we have the full support of

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Franklin Bridge Samuels. Happy to take any questions at this time and Michael or Brandon if you're on

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the line still would one of you raise your hand just so you can adopt my testimony as your own

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case. Hello, Brennan here. Hey, Brennan. They're going to swear you in. Please state your name,

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spell your last name, and give your mailing address for the record. Brennan Tomasetti,

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T-O-M-A-S-E-T-T-I, mailing address, 5-1 North 3rd Street, Unit 154, Philadelphia, Pennsylvania, 19106.

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They should be sworn in, Chair.

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Thank you.

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

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I do.

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Thank you.

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Mr. Mulvihill?

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Thank you.

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Brennan, you've heard my testimony today?

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Yes.

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And in fact, you and Michael are the principals of the company, correct?

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We are.

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And your business is actually right around the corner, right?

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Correct.

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And that's the address that you just gave on the record for mailing?

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It is not.

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I'm sorry.

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My apologies.

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Close.

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In any case, you've heard in the entirety of my testimony today.

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Is there anything you'd like to add at this point?

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No.

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Thank you.

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All right.

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It was true and accurate to the rest of your knowledge, information, and belief.

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Yes, it is.

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Great.

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Thank you.

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Members of the board, we're happy to take any questions.

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any questions from the board no no no anyone else would like to testify in this case please raise

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your hand is at this time chair you planning commission good afternoon david fecto city

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planning commission mr chairman members of the board the comprehensive plan recommends this lot

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for commercial misuse during neighborhood zoning remapping sometimes small lots on narrow back

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streets end up in zoning districts that are not appropriate for those lots this appears to be one

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of those one of those instances we recommend that the board grant the requested variance

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thank you MI 2021-000603 213-15 new street my vote is yes my vote is yes my vote is yes

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my vote is yes my vote is yes all right thank you members of the board have a nice afternoon

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you have a good day you too calendar number 0619 900-58 north 9th street

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the attorney is Catherine Missimer

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and again we have a letter of support from the 14th democratic board Mr. Chair

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Thank you.

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Good afternoon again.

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Mr. Wanda Rose?

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Yes.

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Catherine Missimer, M-I-S-S-I-M-E-R, 1835 Market Street, Suite 1400, 19103.

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do you agree to wait the reading of the refusal and stipulate to its accuracy

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i do have you emailed the exhibit packet with proof of ownership tax compliance refusal referral

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photos and plans of the property five days in advance of this hearing and have you met with

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the rco and do you have a letter yes thank you good afternoon katherine missimer on behalf of

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the Poplar Ground Tenant LLC, the tenant at 958 North 9th Street. I want to keep this as

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958 North 9th Street. I want to keep this as simple and short as possible. I know we

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used a lot of your time earlier. This is an application for a simple flat wall sign. It's

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a single sign. You will see in front of you the letter of support from the 14th Ward Democratic

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Executive Committee as well as the report from the meeting of a unanimous support. This

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is the site plan of where the sign would be located. As you can see, it's statically illuminated

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on the 9th Street side of the existing building. Here it is in an elevation view. You'll note that

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it is above the second story, and that's why it does require a zoning refusal. This is how it

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would look in a rendered view. This is the L that runs directly over 9th Street, and this is the

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crux of the refusal and the hardship here. If we were required to put the signage at

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the second floor, you would never see it because the L would block it. This again is an image

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of the signage. To orient everyone, this is the Poplar building on 9th Street between

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Poplar and Girard. The signage would be here alongside the L on 9th. And this is how it

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look rendered. The building is blue, so it is softly illuminated in a whitish lighting,

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and this is how it would be installed on the building. And just some posting photos.

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While we flip through, I will ask Ms. Rebecca Frisch to be promoted as owner's representative.

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and rebecca when you're promoted can you put your name and address on the record please

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she would just need to raise her hand rebecca can you raise your hand

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and she's available chair thank you

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Thank you, ma'am. Please identify yourself with the record first and last name. Spell your name.

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Rebecca Frisch, R-E-B-E-C-C-A, F-R-I-S-C-H.

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Where we're from to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Rebecca, would you confirm that you've please heard my testimony today?

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Yes.

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Is it true and correct to the best of your knowledge?

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Yes.

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would you adopt it as your own yes thank you unless the board has questions we have nothing

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further thank you any questions from the board no no anyone else would like to testify in this case

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please raise your hand no hands chair thank you planning commission good afternoon david fecto

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City Planning Commission, Mr. Chairman, members of the board. The comprehensive plan recommends

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this property for industrial and residential mixed use. The current zoning allows a building

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identification sign, but not at the top of the building. Because the proposed sign is so high

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up on the building, we do not believe that the light from the sign will negatively impact

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nearby residents. We recommend that the board approve the requested variance.

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MI 2021-000-619-900-58 North 9th 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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Greenwood Street.

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is it okay calendar number sure calendar number zero five nine two nine hundred greenwich street

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the attorney is steve bertill

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it's a letter of opposition from passion square civic mr chairman

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vice chair

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Good afternoon, Mr. Chairman and members of the board.

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Good afternoon.

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Can you put your name and address on the record, please, and spell your last name?

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Yes, Steve Bertil, Claire Harrison, I'm sorry, Bertil, B-E-R-T-I-L, Claire Harrison, Harvey

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in Brandsburg, 1835 Market Street, 14th floor, 19103.

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Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed an exhibit packet with proof of ownership tax compliance, refusal referral, plans and or photos five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Have you emailed an exhibit packet with proof of ownership tax compliance?

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Yes, except that we are, there is a letter, but we are disputing the accuracy of the letter.

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We'll get into that in our substantive presentation.

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so the answer the answer is yes you have everything yes we have everything okay thank

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you you may proceed thank you very much sure here my screen here before i get started

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okay uh good afternoon uh as i stated my name is steve bertill i'm here representing

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the applicant, Mr. Fred Vicario and his family regarding 900 Greenwich Street. We're here

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requesting a variance approval for the erection of a two-story addition on the existing structure

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and an adaptive reuse of the ground floor commercial use of the structure for use as

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multi-family of eight residential apartments for the total of eight beds. As I stated,

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I am here representing Mr. Vacario and his family who have been longtime productive members of the

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Passions Square community. This is a property that has been in their families for some time

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and they want to bring to more productive use, a use that we believe will be an asset to the

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community. So just to orient the board, this photo that you're seeing here, or I'm assuming,

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can everyone see my screen? Yes. Okay. The photo that you're seeing here is an aerial shot of the

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property in question, 900 Greenwood Street. As I stated, it's currently a property that's being

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utilized as a commercial auto body car repair shop. It fronts on Greenwich Street between

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South 10th Street to the west and South 9th Street to the east. The property is zoned as CMX2,

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as you can see here from the zoning area map. And just to give you a little bit more context,

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