civus
Hearing video

ZBA Hearing - December 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 11, 20247h 26m

uh this is the uh proposed addition to the existing building which is here

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this is a rendering of the site plan showing what exists now uh right now there is this

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field, which is basically parking, loading, et cetera.

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And then what we are proposing is in the blue section would be the new addition.

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As you can see, there is parking to the left, you know, in between the addition and the

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existing building and parking out here. All this area to the right would

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continue to exist as the outdoor storage uses.

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Let me go down and here's just some exterior photos of the subject

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property. This would be the main entry coming in from Geiger Road. This is

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coming around to the rear again this is one of the tenants that currently

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occupies which will be exiting currently on site is a cell tower utility site

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again another interior photo of one of the tenants that will be exiting the

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property. We had a meeting with Greater Busselton Civic League on November 19th. I would add that

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I was on vacation. However, I did participate in that meeting from my vacation site with Jack O'Hara

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and the Greater Busselton Civic League so as to not further delay this meeting.

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We have the list of addresses that were sent to, our certificate of mailing.

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Mr. O'Hara greatly submitted a letter of support.

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As you can see, it was 39 to 1.

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Let me blow that up.

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So it's 39 to 1 in support of this application.

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39 to 1 in support of this application.

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Mr. Stupowitz is present to discuss how members of the league asked him to stay back to discuss this facility because they were quite very excited.

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So this is just my zoning map.

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uh you just heard a case previously around uh regarding 260 geiger road which is an in-ear

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proximity but again red line road is running uh upper left the lower right uh the site where my

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cursor is is the former uh bud plant um and then a golf course and now future site of the

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much controverted USPS or some shipping site. So again, here is the aerial photograph.

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This is the existing building. And as you can see from the prior plans,

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the addition would be in this area right here where you see what appears to be

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you know uh trailers trucks um but everything else on site will remain and uh two of the existing

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uses the auto repair and uh one of the the landscaper in indoor storage and use will be

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gone. That is the extent of my

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presentation.

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I do have Mr. Supperwitz in the

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audience. Al, if you could raise your virtual hand

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and then we can verify and adopt.

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Alan Supperwitz

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has been allowed to speak.

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could you please state your name is spelled for the court stenographer

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it's alan a-l-l-e-n last name supowitz s-u-p-o-w-i-c-z

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we're referring to tell the truth the whole truth nothing but the truth

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yes i do please proceed counsel

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al uh have you heard my representations to this board this day yes i have

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And have they been true and correct to the best of your knowledge, information and belief?

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Yes.

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And would you adopt my representations as your own testimony?

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Yes.

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Is there anything you might want to add in addition to what I've represented already?

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um just said after our meeting with the bustling civic association a lot of people stayed actually

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wouldn't even let us leave we were there for a while answering questions they were quite excited

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as excited as i am to hopefully get this pickleball facility opened up so that that made me feel good

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because it's going to be good for the community and good for everybody uh so that that's all i

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want to add. I hope we can take everything into consideration. All right, Al. And you're familiar

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with the issues that have been going on in that Geiger Road, Gantry Road, industrial park area,

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correct? Yes. And to eliminate an auto repair use or the interior landscaper use,

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Do you think that falls in line with what the desires of the owners and operators over there? Is it consistent?

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Yes, it is. I believe it is.

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Okay. And given your close proximity to residential development in Greater Busselton, do you think this is an appropriate use for your property? And do you anticipate success, especially given this pickleball craze that's ongoing?

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Yes, I do. Just with the response that we've had from the people that know we're trying to get this to go through, they've been very, very excited and they're looking forward to it, as I am.

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Okay. Thank you, Al. Mr. Chair, I believe either Alice Udovich from Councilman O'Neill's office is either online or submitted a non-opposition.

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So just while you have your client on, just out of curiosity,

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could you ask him how high he's going to build?

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What height?

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I mean, like you can't do like an eight-foot ceiling.

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You got to take – how large will the building be?

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How large will the building be?

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The height's going to be as high as my current warehouse, around 23 feet.

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The height's going to be as high.

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It's not going to be any higher.

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It's going to be the same height as the current warehouse.

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Thank you.

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Questions from the board?

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I think it's pickleball, and you can drop your kids off at the daycare,

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play a game of pickleball, and pick them up, I think.

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It would be pretty cool.

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I don't know.

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Hey, Michael, you know, to me, pickleball is a cross between ping pong and tennis.

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You know, it's like somewhere in the middle there.

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People are loving it.

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But, yeah, you know, and not for nothing.

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You know, in my neighborhood, you know, there's outdoor pickleball courts and people complain about the noise.

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You know, the whack, the whack, the whack, you know.

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And but this is this is going to be indoor. And that that that question was raised at Greater Busselton about, you know, are you going to be able to hear it from outside the building?

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And, you know, we said no, because, you know, now that it's not just a strictly warehouse use, you know, it's going to be insulated because people need to feel comfortable in an HVAC, you know, area.

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so uh no so you know you know we believe we addressed that but it's funny you know how people

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uh how people respond but now we you know we think um you know given the uh you know the area

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residential uses and this uh demand for pickleball um you know i think i think al's on to something

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here and it's going to be uh it's going to be good for the neighborhood thank you other questions

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from the board i have a question about signage so i've noticed it's not a part of this application

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and has the tenant or the owner thought about what signage they're going to need for this facility

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and is the plan for that to just be a future zoning application uh i would i would just submit

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that you know signage as permitted uh if there is anything that uh requested that is you know

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outside of what's permitted, you know, we'll be back to see you.

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Questions from the board.

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Questions from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience.

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I see no hands at this time, Chair.

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Planning Commissioner.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in zoning at this location from the existing medium industrial I-2.

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The appellant has not demonstrated that there are unique physical conditions or circumstances

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that would prevent the property from being used in conformance with the zoning code.

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The Planning Commission recommends that the Board deny the requested variance for assembly and entertainment.

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hillary are we okay with that assembly and entertainment as a

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so i i was thinking about that mr chair i'm wondering if that's and i have to check with

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lni but i wonder if it was put in that category because it is an indoor facility i believe we

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had a case before that was um like a rock climbing gym and they were considered that assembly and

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entertainment um i have to check i mean it i don't i don't mind checking with lni but that

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would be my guess as to why it got that designation i'm glad sean yeah if if i may

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um you know i i you're the one that raised that issue by the way you'd raise the issue

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yeah uh but i i've looked through both sections of the code and this seems to be something that

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doesn't really fall into one category or the other uh so l and i considers it assembly and

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entertainment um which you know i'm not going to argue against uh me personally yeah i would think

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it's some kind of you know recreation or athletic or something but um you know if if l and i in their

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you know, infinite wisdom

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determines

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or concludes that

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it's a

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assembly and

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entertainment use, then, you know, I'm not

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going to argue with that, but

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I just raised it as a question

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because, you know,

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and Mr. Chair, if you're

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concerned about the use not being specific

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enough, because this is something

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this is something that it would i mean it could arguably go into personal services as well which

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that would, I mean, it could

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arguably go into personal services as well,

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which is

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is also not permitted in your industrial oh you know we zoning we added so we added this

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we added this down on delaware avenue to a large property we had down there

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and they actually made it like a club remember they had a liquor license and things like that

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where you could watch games and all right right right right yeah um but if you if you were concerned

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about the use the category being overly broad you could provide so it's specific use within that

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category yeah yeah hillary you know we're we're willing to accept the refusal as stated and uh

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you know and ask the board to grant uh the variance from that which was issued uh because

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you know we acknowledge that regardless of what category falls in you know i mean we can argue

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that until the cows come home but uh you know we'll accept the refusal as assembly and entertainment

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because people are actually assembling you know to play pickleball okay all right okay all right

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so mi 2024 004 238 225 to 73 geiger road i vote yes my vote is yes

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cheryl guest and my vote is yes tenetta graham my vote is yes i went my vote is yes

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ishmael shaheed my vote is yes thank you council number 12 that concludes my business maybe excuse

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sure you absolutely yep so number 12 mi 2024 004 377 4902 knock street alan knockamson

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is the attorney. Letter of

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unanimous

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opposition from Solo Germantown.

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The vote was for

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an opposition to the Bureau in support.

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Mr.

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Nockmson, you've already been sworn that I could

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just for the record, could you please state your name?

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Nockmson.

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could you uh identify your client a relationship to the property yeah my client is warren realty

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holdings llc the owner of the property and our vice chair has just a few questions for you sir

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good afternoon counsel do you agree the way to read another refusal or stipulate to us

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accuracy i do have you emailed in all the required documents and exhibits as needed

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and required to proceed with this case

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five days in advance of this hearing?

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Yes, we have.

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Thank you, counsel.

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Please proceed and share your screen.

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All right, thank you.

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Let me do that.

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All right, so first things first,

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we're asking that I be able to present

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and then have a resumption hearing.

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um we originally had a date earlier this year uh for a hearing we continued that hearing to

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allow us to have a community i think a second community meeting we've been on we were unable

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to get that second community meeting uh for it to take place by today um we do have it scheduled

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for January 7th, so we would ask that I would be able to present. We did have a community meeting,

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just no vote was taken at the original one, and that we would have a resumption hearing. It would

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be helpful if we can have it sometime in January, but I'm sure our office will work with the ZBA's

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administrator on that. Yeah, and I think that's part of, I think I heard when I was transitioning

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in to the panelists. There is a letter from

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Solo, and I think they were upset we never had a community meeting

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thinking I was going to just present this to the board without that

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second community meeting, and that was not our intention. So I just want to let you know that

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as well. So we have, you know, our typical table

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of contents is our notice of refusal. We were waiting

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from correspondence from the 12th Ward Democratic Committee, hoping to have

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that second community meeting. We did not. I did slip in the letter from Solo, just as full

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disclosure. We do have a petition, a pretty extensive petition of people in support of

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this project, as well as a letter from the owner of 4900 Knox Street, which is next to us,

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in support of this project. Not out of character to have multifamily on this block

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for RSA 5 properties of this sort.

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4,900 NOx is multifamily,

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which is next door to us on the left.

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4,904 to the right of us, multifamily.

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multifamily. 4901, 03, 05, 07, and 13 are on multifamily. We'll go through that in our

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4,901, 03, 05, 07, and 13 are multifamily.

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presentation. We'll then review maps of the area, photographs of the property in the surrounding

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area, our simple plans and drawings. Again, all we're doing is a legalization here. My client

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bought it as a triplex, expecting to be able to get rental licenses as a triplex. Came as a shock

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to him when he tried to get rental licenses and found out that, you know, given this is an RSA

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property, we would have to go through this process. I have the RCO meeting notice. I don't

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know if it's for the original one or the future one, but we have something showing that we did

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meet with the community or plan to meet a second time with the community. Our applications for

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appeal that we filed on behalf of Warren Realty Holdings, LLC, the deed to the property showing

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