civus
Hearing video

ZBA Hearing - May 19, 2021

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

but you would not have housing approval if you didn't have zoning approval. And also at the

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RCO meeting that we did have, there was no objection voiced by anyone about the number of units.

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And in fact, one of the nearest occupants did express approval for the 12 units. And

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we, all units will be one bedroom units. They will have, you know, up-to-date amenities.

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There was concern about a dumpster. We have a location for a dumpster, which we're going to

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show you, which we did not have at the first RCO meeting, but which we will present to them.

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Can you go to the pictures where we have the dumpster location?

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Can you go to the pictures where we have?

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So we do have a location for the dumpster.

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We also have a, which we did get, and which we will present at this upcoming RCO meeting,

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a contract with a private trash collection company.

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we will have storage for trash inside the building.

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And we also have a person that lives in the neighborhood

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that we will have patrolling the property

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and making sure that there's no issues

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with trash or debris.

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Okay, that was one of the things

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that the community was concerned about

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at the first meeting.

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And this is on near public transportation, so there is a music.

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Can you not hear me now?

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I'm sorry.

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This is on, there are several public transportation routes near this particular property and it's

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on 52nd Street in West Philadelphia, which is a very wide street and there's parking

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from on either side, although at the meeting that we did have, there was no concern expressed

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about parking issues. So if my client is on the line, he can confirm what I've said. I'm not,

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I can't see. So many people, I can't see whether they're on the line.

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If he could virtually raise his hand, that way I can allow him to speak.

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Okay.

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okay um and one is on the phone so i'm not sure how they uh can participate okay we have several

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calling users. I can try to search them by name. What's the last name of your client again, please?

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It should be C-H-A-I-M.

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Okay, we have a Chang, but we don't have a Chan. Okay, and the other one would be Miesels, M-I-E-S-E-L-S.

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so if they don't raise their hand then they're not available okay all right um i you know all

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i can say is that we um i am as an attorney and an officer of the court and of course one who's

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appeared before the board before i can um just say that what i have presented to you is what

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is true and accurate according to what we have submitted and what I've discussed with the head

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of the coordinating RCO in terms of the issues that came up during the first meeting that we

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had with them. And if there are any questions, I'd be happy to answer them.

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I had to unmute myself.

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Does the board have any questions?

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No.

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No.

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And again, we're just asking that you hold this.

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We're supposed to, my understanding is the meeting is supposed to be on Monday, the 24th of May at 7 p.m.

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and uh so and then we will submit um that the letter uh to you um okay that'll be great there'll

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be no testimony that day just the letter plan do i get planning commission or do i wait hi ann

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yes yes excuse me this is sharon if i can just put on the record that i checked and the property is

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tax compliance so there's no need to submit anything else on that thank you okay great

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planning commission good morning uh mr tenari ian hegarty with the philadelphia city planning

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commission h-e-g-a-r-t-y you may oh no you may not proceed you have do you swear or from

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you may oh no you may not proceed you have do you swear or affirm to tell the whole truth

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and nothing but the truth yes ma'am i do thank you okay i either forget to call planning commission

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or i forget to swear you in wherefore i know um members of the board comprehensive plan

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recommends a zoning map change to rsa 5 at this location however the proposed use is consistent

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with documented prior uses on the property and the interior partitions of the existing

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property um so the city planning commission would recommend that the board grant the variance

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okay thank you sorry madam chair may i interject sure you may being as though this is a resumption

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to allow only the letter to be written to the record could you just check to make sure there's

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no other parties who wish to speak regarding sure sure is there anyone else here in virtual

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land who would like to speak and if so please raise your hand

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I see no hands, Madam Chair.

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I had asked Mr. Benjamin if he could maybe be on.

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He's the head of the coordinating RCO, but I didn't hear from him that he would be able to participate.

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Okay, then we will see you next week.

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Thank you.

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Thank you.

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All right. Bye-bye.

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calendar number 0654 1455 north 29th street the attorney is frank turner

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and madam chair if we could just confirm for the next for the previous case that this will be

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resumed next wednesday at 9 30 simply for reading the letter from the rco into the record and then

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voted yes and you just did that thank you very much thank you okay

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mr turner yes i'm here hi can you put your name and address on the record and spell your last

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name please uh certainly my name is frank turner uh last name t-u-r-n-e-r can everyone hear me okay

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i've had some issues with my uh yeah not well your your voice is very very low can you make

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it louder or get closer to getting closer and um i should also be able to um start my video because

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i do have uh some documents that i can share um now here we go start video there we go there i am

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okay and so um okay so name and address sure my name is frank turner um my address is 30

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south 15th street 15th floor philadelphia pa 19102 and okay do you swear a firm to tell the

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truth and nothing but the truth yes i do thank you you may wait do you also agree to wait the

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refusal and stipulate to its accuracy yes have you emailed the exhibit packet with proof of

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ownership tax compliance refusal referral photos under plans of this property five days in advance

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of this hearing and have you met with the rco and do you have a letter um we do have a letter

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we have met with the rco um i've provided the uh and uh miss suletta i may be able to um speak to

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this uh i was in contact with her yesterday um i provided uh all the documents um uh yesterday

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and uh and so you guys should have them now um yes and this is sharon i'll confirm there were some

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technical problems with the exhibits but we do have everything that's required now okay great

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mr turner you may proceed certainly and um so what we have here is a um a property that was a

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small takeout um restaurant um and was approved for that zoning um back in 2006 and um it's uh

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and now they have constructed a daycare. Nothing is, none of the structural elements have changed

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in the building, and we actually do have the support of the registered RCO in this case,

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and it's only a special exception that is required under these, under the circumstances.

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can you share pictures and plans on the screen certainly bear with me one second while I pull

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those up thank you

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and so let me get the screen share

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okay and so here

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okay and so here um we have the um the plans i'm sorry um mr turner you're very low your voice

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very thin right i i um i tried to uh log in also on my phone because i had this issue with my

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computer before and i'll just uh speak up um so okay thank you uh certainly so what we have here

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is the um are the plans and as i zoom in you should be able to see the first floor um plan

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here uh that's sorry your voice is still very low okay i'll try to continue to speak up so what you

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see here on the um as i zoom in is the um is the first floor plan um and uh you notice that there's

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no, um, there's a kitchen area, um, the, you know, the space for the daycare, um, there's a,

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there's daycare space on the second floor also, and the third floor, um, will just be used for

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storage, um, and, uh, that's, so that, there are the plans, uh, that we have there, um, again,

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and the plans note that, um, there's, there are no changes to the weight-bearing walls, so there's

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not any um you know there's no structural uh change to the um to the property and um the uh

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and it's a daycare um it's not going to increase the congestion in the area uh significantly more

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than the restaurant would have um and again like i said we have the support of the uh of the rco

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So, and I do have that letter here as well.

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There's one minute, please.

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This is the-

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Does the board have any questions?

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Letter of support.

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No.

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No.

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Is there anyone in the virtual audience

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who would like to testify?

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Please raise your hand.

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I see no hands, Madam Chair.

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Okay, Planning Commission.

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Good morning, Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, this is a special exception and we feel the proposed special exception

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will not cause detrimental impacts to the neighborhood beyond what might normally be

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expected for this use and so the City Planning Commission recommends that the Board grant

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the special exception.

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Thank you.

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calendar number 06541455 north 29th street my vote is yes my vote is yes my vote is yes

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my vote is yes thank you and good luck thank you madam chair thank you board

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sure calendar number 3250 327 north 11th street the attorney is pasquale colavita

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Madam Chair, he's been promoted to panelists.

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Thank you.

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Mr. Colavita, can you put your name and address on the record and spell your last name?

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Good morning, Madam Chair and the rest of the panel.

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Pascual Colavita on behalf of David and Jimmy Chang the owners of 327 and 329 North 11th Street

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my address is 1026 Winter Street Philadelphia PA 19107 also if you could the architect Chris

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Hamill I'm sorry can we pause a second um if I could Madam Chair request that he puts his full

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name um spelling on sure and spell your spell your full name sure pasquale pasquale colavita

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c-o-l-a-v-i-t-a and you've already put your address on do you swear a firm to tell the

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whole truth and nothing but the truth i do okay and continue about the architect we we have um

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My clients, I don't know whether they've been permitted to come in, but I know that they are on.

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It's Jimmy Chang and David Chang, as well as Chris Hamill, the architect.

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So if they can be promoted so that they can participate.

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I don't need them right this second, but I will.

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So they're required to raise their hand and we will unmute them as you need them.

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They can speak up.

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Okay.

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Perfect. Thank you.

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thank you hey mr colavita do you agree to wait the reading of the refusal and stipulate to its

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Okay. Mr. Colavita, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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accuracy yes have you emailed the exhibit packet with proof of ownership tax compliance refusal or

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

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with the rco and do you have a letter we have the answer to the first question yes we've uh

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submitted all of the documents with the exception of uh older floor plans

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which were then re were submitted this morning so everything was submitted to to the panel i had an

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opportunity to speak with miss saletta yesterday originally we were going with a proviso for

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amended plans but the a quick explanation would be is the amend the plans were only interior

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amendments to the original plan submitted. We're going with the original plan submitted. The only

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reason we did amendments is to appease the RCO, and those amendments did not affect the reasons

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for the refusals. So as such, we're going back to the original floor plans, and we will make

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whatever um adjustments after this meeting there are no adjustments in height width or depth uh the

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the plans that are submitted are the the ones that uh they're again if the reasons for the refusal so

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that that's my explanation as far as uh what has not been submitted within five days we did submit

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additional plans this morning which I can which are the original plans. Sharon what would we be

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voting on the original plans new plans unless you add proviso of a proviso approving revised plans

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you're voting on the original plan. Okay thank you you may proceed. Good morning members of the panel

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I have submitted a packet with a supplemental, it was originally A through M, and now it includes N, and I can share the table of content, and then what I will do is go through each of them.

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let's see

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bear with me I'm getting a little older

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I need to

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okay

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nope

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you know what i'm just going to go through without sharing the table contents

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attached at exhibit a are the deeds showing ownership uh by david and jimmy chang for 327

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and 329 these are similar projects this is a project in which and attached at exhibit b

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are the tax clearance certificates for both properties attached at Exhibit C are their

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application which occurred prior to my entry of my appearance wherein they requested the

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variance or the use of an eight family dwelling. This is a 18 and a half by 97

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at 329 for a total of 1794 and a half square feet property 327 which is a corner unit

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is 18.75 wide by 97 long for a total of 18 1875 square feet excuse me council excuse me

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excuse me will you be able to show any uh drawings diagrams or pictures absolutely absolutely i'm

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just going through the table of contents so that way i can uh request that they be admitted into

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the record and then i will uh go into the actual diagrams as well as uh photographs of uh the

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property and surrounding neighborhood okay and something i want to do um is i didn't call in the

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second case that you're handling calendar number 1432 329 north 11th street that's the companion

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case to 327 north 11th street so if we can just incorporate my argument and testimony

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uh as if it were originally called is there any way you can combine showing us the plans and

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as if it were originally called is there any way you can combine

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everything is combined no doubt everything is combined in the exhibits as well as the plans

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the plans are going to look similar they're basically it's the request is this it's okay

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can we can we see the plans at the same time you're speaking about them sure if i if i can

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just finish my little uh uh initiation the reason for the refusal so if we go to exhibit d the reason

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for the refusal was for two reasons one height and um because they requested a four-story property

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in excess of 38 feet without a setback what we're asking for and i'll um is a height higher than 42

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two and a half feet and eight units what what they're asking for are uh eight residential

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units two per floor per property uh at exhibit e we filed our appeal and now we'll go to exhibit f

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which are the the revised actually i'm going to go uh yeah can we see exhibit f yes instead okay

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Are you able to see this? This is Exhibit F. Is it being shared?

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Yes, it is.

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Okay.

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