civus
Hearing video

ZBA Hearing - May 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 19, 20215h 35m

And we are live.

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Okay.

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Madam Chair, if we could just take two to three minutes for people to come into our virtual room.

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Thank you, Tanya.

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Thank you.

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Thank you.

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okay madam chair we have about 22 attendees we're ready to begin

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okay good morning everyone my name is carol tenary and this morning i will be the chair

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of the zoning board of adjustment i'll be participating in today's hearing along with

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board secretary confessor plaza and board members thomas holliman and james snell

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board administrator fachina al and also tanya sumpet will be present as well as sharon saletta

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our board attorney for those of you who haven't yet participated in one of our virtual hearings

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i'll go through some of the basics of what you can expect first we will be administering oaths

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to individual participants prior to their testimony second we'd like to advise everyone

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that this proceeding is being recorded and that by participating you acknowledge your agreement

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to be recorded. This is available to the public on the web or otherwise. Third, for anyone

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participating by phone, if you wish to testify, you must raise your hand by hitting star nine,

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then star six to unmute yourself. That's star nine, then star six to unmute yourself.

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To enter an appearance statement, call 267-270-5548 and leave your email address and address of the property at issue.

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The number again is 267-270-5548.

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Fourth, the Q&A box is not for testimony.

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Any comments are to be directed to Ms. Patina L. or Ms. Tanya Sunkett.

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Are there any continuances?

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Yes, I gave you a list of continuances to be read into the record.

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Right, I have those. I always do it in the reverse and then you always say that. Okay.

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Okay. Calendar number 0400-1334 North 29th Street is continued. Calendar number 1840-2102 South 64th Street is continued. Calendar number 0461-2610 Edgemont Street is withdrawn.

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calendar number 0426 3639 north 19th street is also continued are there any other requests for

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continuances or does anyone object to the continuances i just read in

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madam chair we have henry clinton okay mr clinton you've been unmuted please unmute yourself and

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please wait for Madam Chair. Thank you. Mr. Clayton, can you hear me? Yes, Madam Chairman.

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Hey, do you have a request for continuance? Yes, it's concerning 150204 Erie Avenue.

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That's number four, calendar number 0458. There are no exhibits for this, and it's a first listing?

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correct i think our exhibits are there but despite uh our exhibits and the package that

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we've handed in we are going to seek a continuance uh and try to work with the community group to

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see if we can have a resolution so i'd ask to be the moving party if that's okay okay is there anyone

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so i'd ask to be the moving party if that's okay okay is there anyone here for that case

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i'm sure there are two cases that's number um numbers five and six so okay

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okay we have four and five are together i'm going to read five out as well calendar number

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zero four five nine fifteen oh two west erie avenue that also we we have here no exhibits

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and it's the first listing patina i think you were going to say something yes i see several

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hands up what i'm doing right now is i'm uh lowering all hands and please just put your

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hand up if you are uh want to speak to this case madam chair we have charles karn

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okay sorry mr karn you please unmute yourself

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mr karn can you put your name and address on the record and spell your last name

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Charles Karn, C-A-R-N, 3853 North 19th Street, 13th Ward RCO Chairperson.

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Okay, do you swear to tell the whole truth and nothing but the truth?

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Yes, ma'am.

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Okay, you may proceed.

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Ma'am, this is the first I hear.

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I've heard communication about a continuance.

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To be fair to everyone, we do have a lot of

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directly affect the residents online.

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However, we will consider a continuance.

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And if you give us a date, right, we'll go from there.

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Bettina, these two cases.

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Sharon, I'm sorry, Carol, it's attorney moving party.

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We don't have a date for that.

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both of these cases calendar number 0458 1504 West Erie Avenue and calendar number 0459 1502

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West Erie Avenue are both attorney moving parties. Madam Chairman if we were to get a hearing date

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today what would that be if anyone knows? I do not know that. Okay all right fair enough thank

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you very much. And Mr. Carr, I'm sorry about the late notice, but it was kind of a last

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minute decision by the client. So I will reach out to you today.

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He's muted, Henry. Okay.

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Okay, sure. Anyone else out there in virtual land?

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madam chair we have verne anastasio you've been unmuted please wait in front of the chair

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mr anastasio can you put your name and address on the record and spell your last name

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yes good morning madam chair verne anastasio a-n-a-s-t-a-s-i-o 1315 walnut suite 10-0-6

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philadelphia 19107 thank you do you swear or affirm to tell the whole truth and nothing but

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the truth yes i do okay you may proceed thank you madam chair i was i just wanted to weigh in on

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2102 south 64th you've already called it as continued that's correct i was just respectfully

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requesting that I be made attorney moving party on that. Calendar number 1840-2102 South 64th

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Street, attorney moving party. Thank you, Madam Chair. Sure. Anyone else? I'm sorry. That's okay.

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Okay. We have Brian Dressler. Mr. Dressler, please unmute yourself and wait for the chair.

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hi mr dressler can you put your name and address on the record and spell your last name

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sure brian dressler d-r-e s-s-l-e-r 1500 west erie avenue

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okay do you swear for him to tell the whole truth and nothing but the truth

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uh yes okay you may proceed i only hope that when they have the continuance

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that well wait what case what case are you speaking about this is 1502 and 1504

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west erie okay um i think maybe you should speak to uh fatima l

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Okay, I think maybe you should speak to Fatima L. Would that be correct, Tanya? Or Tanya Sunkit?

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Yes, if they have a question regarding the continuance, then they can email us.

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I just want the party that gets the continuance to post the notice properly so that it can be read from the sidewalk, not the way it was posted for this meeting.

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which was so far set back that nobody even could tell it was a zoning notice

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and they couldn't read it. That'll be noted.

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Thank you.

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Anyone else? Thank you, Mr. Dressler.

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Yes, Madam Chair, we have a calling user ending in 9599.

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You please unmute yourself and wait for the chair.

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Yes, hi.

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can you hear me yes i can what case are you calling about um i'm calling a reference to 15

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uh was that 1502 and 1504 that's early avenue okay these cases um are attorney

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attorney moving party they've already been handled

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so at some point you will be given the date

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If you have any questions, you can contact Fatina L. or Ms. Tanya Sunkett.

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Okay, Madam Chair, next we have Ms. Shedrick.

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Ms. Shedrick, please unmute yourself and please wait for the chair.

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Hi, Ms. Shedrick, can you put your name and address on the record and spell your last

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name, please?

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Yes, last name Shedrick, S-H-E-D-R-I-C-K.

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I'm sorry, Madam Chair, if it's allowable, can we have her say her whole name and spell

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her for me. Okay, I'm sorry. Kiana, Q-I-A-N-A, last name Shedrick, S-H-E-D-R-I-C-K.

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

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I do. Okay, and what case are you speaking about? 1502 to 1504 West Erie. I do understand that

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there's going to be a continuance. I'm an affected RCO in the case, and since we had the owner or

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attorney representative and the RCO on the line and all concerned parties, I was wondering if we

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could not select a date on the call. The letter we sent in was specific about not receiving

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notification, and I think there's been several issues of notification expressed here. I was

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wondering if that was something we could do so that everyone could get notification of the

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meeting and have an opportunity to voice their opinion and participate. Thank you. Okay. I don't

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select the dates. Ms. Sunkett is someone you should call and you can have a nice conversation

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with her. No, I was referring to once it is selected by you and the coordinating RCO is named

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and they select the date. I was speaking about that date where the community has an opportunity

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you need to participate.

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Okay, I do not select the dates.

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Okay, thank you.

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Okay.

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Anyone else, Fatina?

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I see no more handshake.

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Okay, we'll start the regular list.

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Calendar number 0423, 1325 South 52nd Street.

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Madam Chair, we have Cheryl Gaston, Ms. Gaston, I'm sorry.

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Can I interject for a second?

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If we could please promote the attorney to a panelist.

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Yes, I just did Ms. Sunkett.

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Thank you.

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Okay.

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Hi, Ms. Gaston. Can you put your name and address on the record and spell your last name, please?

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It's Cheryl, C-H-E-R-Y-L, Gaston, G as in George, A-S as in Sam, T-O-N.

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I'm with Spruce Law Group, which is at 1622 Spruce Street in Philadelphia, 19103.

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

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Yes, I do.

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

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What I'll say about it is it is technically accurate, but there's a slight issue, which I'll explain when I do.

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And you can explain that.

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Yes.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal and referral, or and or 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?

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Okay.

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A few explanations.

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Yes, there is a packet.

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Okay.

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One of the tax certificates is, the tax compliance certificates is missing.

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This is for 1325 and 1327, which are going to be consolidated, and there's, I think,

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an issue with the name of the entity, so it's not being recognized by the tax system.

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So we have to fix that.

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With respect to the RCO, we did have one meeting.

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We are to have a second meeting, but they can't have it until after the date of this

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hearing.

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So we are asking to, and we have the agreement of the RCO to put on our case, and we will have the second meeting and send you the letter from the community group after that hearing.

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It's supposed to be on Monday, the 24th.

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I'm not sure if that's...

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So, why isn't this case being continued? If I'm incorrect, Tanya, please step in.

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Excuse me, Mr. Sharon, it's because this is a case that will be, Ms. Gaston is agreeing,

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it will be limited to reading the RCO letter into the records as label one.

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Okay, great.

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Okay. Yeah, we're going to put on the whole case. We're going to highlight for you the

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issues that the RCO had, which were not about the actual development, it was some other issues

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which they were concerned about and that's why the second hearing, the second meeting with them.

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Okay. So long as it is understood by all parties that there will be no testimony

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taken at the next hearing date before the board, it will simply be the reading of the letter into

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the record? Yes, I have spoken with the head of the coordinating RCO and that is the understanding, yes.

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Okay, you may proceed. Oh, okay, thank you. I have my paralegal on, Christine Schlosser,

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if she could be given the permission to share the screen, please.

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I'm promoting her now.

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Thank you.

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You're more than welcome.

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that's christine schlosser yes okay miss schlosser

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miss schlosser you have to unmute yourself

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hi good morning can you put your name and address on the record and spell your last name

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Christine Schlosser it's S-C-H-L-O-S-S-E-R and I'm with Spruce Law Group it's 1622 Spruce Street

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and it's 19103. Thank you do you swear if I'm to tell the whole truth and nothing but the truth?

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I should have also in here, I'm sorry, Madam Chair, my client, who is Mashi Mizels, and

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And I believe that his partner Jay Gold is on the phone.

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I believe that his partner, Jay Gold, is on.

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So I will need to just have them confirm my presentation here.

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We may also have on the line the architects for this who are Ken Johnson and I'm sorry, there's a second one, I'm sorry, I'm blanking on his name right now.

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but we may end up having to promote them as well.

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But just to get started here,

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this is concerning properties at 1325 through 1327 South 52nd Street.

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The entity name is Tishby Realty, which is T-I-S-H-B-I Realty, LLC.

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But it's also spelled in the records as T-I-S-H-B-Y Realty, which may be part of the problem with the tax clearance issues.

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The meeting ID number is 2020-000423.

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The zoning request is to consolidate lots at 1325 through 1327 South 52nd Street

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to create one parcel for zoning purposes and that'll be known as 1325 South 52nd Street.

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Christine, if you could go to the site plan, please.

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Thank you. And the proposal is to renovate or convert or adaptively reuse these two existing

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three-story buildings or structures at 1325 South 52nd Street for multi-family use for a total of

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12 single family dwelling units. There'll be six units per building on the consolidated lots and

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it will work out to be next page please Christine. There'll be a total of four units per floor.

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So there will be site improvements, landscaping, lighting, safety, security systems added.

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The variances are required because LNI considers the existing four units at these properties

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to be a non-conforming use and the expansion of the non-conforming use to 12 units to be

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prohibited in what is an RTA-1 residential zoning district where these properties are located.

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According to the Notice of Refusal, there is no zoning permit on file validating zoning

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approval for six units at each building. However, the file for 1327 South 52nd Street, there is no

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archive file for that property. But the file for 1325 South 52nd Street does include housing

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approval for six units per building at 1325 and 1327 South 52nd Street. And such approval

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would not be granted unless there was zoning approval. So these files are a little sparse,

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