civus
Hearing video

ZBA Hearing - March 30, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 30, 20225h 59m

for several years, before my clients purchased the property in 2018, it lost its three family

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status, and it reverted back to its single-family status. But from 1942 until the early 2010s,

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it was an actual legal triplex. Now, what I have here, I'll go to this.

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Well, first we have, we did a presentation in front of the Coordinating RCO,

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Nice Town, Tioga, improvement, and they overwhelmingly voted in favor of this.

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There was a significant vote of 13 to 1 in favor of restoring the property back to its original state.

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I have photos.

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Well, before I get to the photos, I have plans of the particular property.

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and what we're it's a three-story building and each floor will have its own apartment the basement

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will be untouched it will be just used as storage but the first floor would be it would be two both

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all floors will have two bedrooms and one bathroom the first floor will have uh a bedroom one and

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both of them in the rear, which is pointed right here and pointed right here.

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You go up the stairs, go up the stairs, and then you go into the second floor.

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You have a bedroom in the front and then a bedroom in the rear, which is pointed,

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which is pointed here. And you have the kitchen. You have the kitchen right here,

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the living room, and then the bedroom, the bathroom right here.

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Then you go up to the third floor, as I'm pointing to, and you also have the same, a very similar layout of the bedroom in a rear of the apartment and a bedroom in the front of the building with a bathroom towards the front with the living room and kitchen.

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moving along we have a picture of the building right here it's where i'm pointing at right here

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right here. It's where I'm pointing at right here. It is currently, as I stated, it's vacant.

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it is

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It's a shell, but this is a block that is full of multi-units as well as commercial units.

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But this is the particular building right here.

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It's a closer up photo of the building.

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And we also have a picture of the posting right here.

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And my clients, if they were to testify, they were to testify that they posted this within 21 days of the requirement, the zoning requirement.

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I also have here, right here, a, hold on.

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This is a zoning breakdown of the block and half of the block it's RSA 5. The other half is mixed use and multifamily for this block.

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The red is the multifamily. The red is the RSA 5. But this is all of the same block right here.

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we have the deed right here indicating the ownership of the property

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the refusal the refusal notes that previously there has been a lengthy history of this property

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being granted a three-family household in 1942, which remained for many years until it

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had to fire, became vacant. We have the tax clearance indicating that there is a tax that

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the city recognized that there's a tax clearance for this record owner. So what we're asking to do

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is just uh pretty much put back into place what was already for many years a property that was a

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triplex it's not inconsistent with the nature of the buildings that are on the block and we would

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ask that given that there's uh overwhelming support in the community for this that it be granted and

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i would open up for any questions that any of the of the board members may have mr harris would you

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want to have your testimony adopted by your client sure i can uh i can have i can call them

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and ask them if they would uh are they on the line now are they on the line yes have them raise

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their hand can you raise your hand to me i'm sorry

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miss young you can unmute yourself hi good morning good morning could you state your name

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is spelled for the court reporter sure tamika t-a-m-e-k-a young y-o-u-n-g do you swear or

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firm to tell the truth the whole truth and nothing but the truth yes proceed okay uh miss young did

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uh you are a you are part of young and selden tayoga homes llc correct yes okay uh and

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did you hear the testimony that i just testified to in front of the board yes i did and do you

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adopt fully uh what i stated to the board what i testified to for the board yes is there anything

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any additions or is there anything else that you would want to add or you would rest on what it is

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that i stated to the board uh no that's it okay are questions from the board no mr chairman

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questions or comments from the virtual audience

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chair we have one calling user phone number ending in 6578 please unmute yourself and wait

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for the chair could you state your name and spell it for the court reporter

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good morning

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calling user ending at 6578 you're unmuted you're free to speak

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yeah i was an accident i apologize

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accidental call yeah yeah i don't have any comments okay all right

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Anyone else have any comments from the virtual audience?

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Yes, Chair, we have Charles Richardson.

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Mr. Richardson, just state your name. You've already been sworn.

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Mr. Richardson, just state your name.

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You've already been sworn.

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Charles Richardson.

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Charles Richardson from the Office of Councilwoman Bass from 312 City Hall.

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Councilwoman has no opposition to granting the variance.

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Thank you, Mr. Richardson.

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Questions? I'm sorry, Planning Commission.

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Thank you, Chair. Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, the comprehensive plan recommends a zoning map amendment

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limit from RSA 5 to RM 1 at this location. So this proposed use conforms not only to

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documented prior use of the structure, but also to the recommended zoning district and

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the comprehensive plan. We therefore recommend that the Board grant the variance.

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Thank you. MI 2021 004826 1428 West Venango. I vote yes.

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Carol Tenere, my vote is yes

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Thomas Holloman, my vote is yes

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Ishmael Shahi, my vote is yes

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Thank you, Mr. Harris

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Thank you, may be excused

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Yes

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Thank you

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MI 2021-004820-168 Gay Street

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Manioc Neighborhood Council, letter of support

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Mr. O'Brien

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Mr. O'Brien

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Yes, good morning Mr. Chairman, members of the board

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Just state your name for the record, Mr. O'Brien

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William O'Brien, W-I-L-L-I-A-M, O'Brien, O-B-R-I-E-N

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And you've already been sworn

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Could you identify for us your client and the relationship to the property?

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My client is Neil Orczak, who is the owner of 168 K Street.

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Thank you.

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And our vice chair has a few questions.

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Hi again, Mr. O'Brien.

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

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I do.

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It appears that you have submitted all the required documents.

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Is that correct?

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It is.

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Thank you.

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You may proceed and share your screen.

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Thank you.

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You're welcome.

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um this is a bit of an unusual appeal um in 2015 mr warczak appeared before the zoning board

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requesting a variance a use variance to use his home not only as a resident not only as his

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residence but also as a bed and breakfast uh he was without counsel and the zoning board

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despite the neighborhood support, denied the request for the variance.

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Mr. Orczak engaged counsel who filed a timely appeal to the Court of Common Pleas

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and coincidentally six years ago today on March 30th, 2016,

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the Court of Common Pleas reversed the zoning board

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and granted the requested relief from the zoning code.

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um that order is on page 15 of the materials um so it should be over uh however there was a bit

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of a hiccup and uh mr orzak's attorney failed to uh make an application or file the order with

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the department of licenses inspections in order to get a zoning permit uh a few months ago mr

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to file an application with the city for street cameras.

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There's a program to support neighbors and street cameras.

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And an eligibility review revealed that his use bed and breakfast was not currently legal

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because no permit had been issued.

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And the only remedy was to file a new application and pursue this appeal.

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I want to show just a few photographs. The neighborhood civics supported unanimously. It's on page three of the materials. But let me just briefly go to the photographs because that's worth a thousand words.

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This is an image of the front of 168 Gay Street.

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This is the lounge area on the first floor.

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This is one of the dining areas. That's one of the bedrooms, guest rooms, another guest room

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and another guest room as indicated uh it's this has been in place for six years

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uh again the neighborhood uh with that uh use existing for over six years in this residential

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neighborhood the neighbors all still support it um and i would request the variance be granted so

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and I would request the variance be granted

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so that the use may continue

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that the

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and a permit will be pulled this time.

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Is your client here?

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No, he's not, Mr. Chairman.

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He had connections.

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I don't know that this testimony...

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You're an officer of the court.

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We'll take your testimony.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commissioner.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, the comprehensive plan recommends no change to the existing RSA-5

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single-family zoning at this location.

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However, this legalization corresponds to the use that was previously affirmed by courts.

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So the City Planning Commission recommends that the Board grant the variance.

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Thank you.

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MI 2021-004820-168 Gay Street, I vote yes.

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Harold Tannery, my vote is yes.

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Thomas Holloman, my vote is yes.

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Ishmael Tannery, my vote is yes.

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Thank you, Mr. O'Brien.

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Members of the Ward, may I be excused?

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Yes, you can.

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MI 2021-004827, 2432 North 27th Street.

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RCO, All in the Family CDC, Letter of Support.

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Jermaine Harris.

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Mr. Harris is coming back in as a panelist.

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good morning again just state just state your name for the court reporter you don't have to

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be sworn okay jermaine harris uh jermaine harris h-a-r-r-i-s right could you identify your client

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and the relationship to the property my client is brian garris who is the record owner of the

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subject property 2432 2434 north 27th street thank you our vice chair has a few questions

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including the issue of tax clearance okay mr harris do you agree to waive the reading of the

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refusal and stipulate to its accuracy i do have you submitted all the required documents

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I see that there is a problem with not having a tax clearance.

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Has that been resolved?

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That has not been resolved as of yet.

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Okay, so you've submitted everything except for the tax clearance?

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Correct.

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Correct.

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Anything else, Mr. Chair?

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Like, do I ask if there's any?

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I think we're going to move forward with the case,

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and we'll close it

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and wait for the tax

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clearance before we vote

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okay great you may proceed and

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please share your screen

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okay

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okay

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hold on

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I'm sorry, let me, I'm just trying to get the last presentation out from the screen.

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My screen can be seen, correct?

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Yes.

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Okay, all right.

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Okay.

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Okay. So this is a request to expand the use of this building as a funeral home. This property was granted use. It's an RSA 5 section of the city.

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However, it was granted, approved by this board for use as a funeral home in 1965.

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There is an expansion of this request, this variance is seeking an expansion of the building for it entirely to be used for funeral use.

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Now, first of all, we have the letter of support from the All in the Family.

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We had the letter of support from the All-In-A-Family. We had two meetings with the All-In-A-Family CDC, who is the coordinating RCO in this particular area. There was overwhelming support for that.

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Let me go to the plans.

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But before I go to the plans, because that's another attachment, I'll show pictures of the building, of the front of the building, which is right here.

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It's a three-story building.

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This is a posting of the zoning notice within 21 days.

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This is another picture of the building.

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This is the interior of the building. Now, this building was previously used, as I stated, testified before, as a funeral home. It was called Powell Funeral Home.

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and that funeral home uh was a pretty deeply rooted uh funeral home and had been in that

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area for many many years i think uh for over 30 plus years

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and when my client uh he got ownership of the property it was in bad shape so what what has

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been done is it was just demolished to the studs and we're looking at what we're looking here is

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one of the floors of that this is the first this is the I believe the third floor this is the second

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