civus
Hearing video

ZBA Hearing - December 16, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 16, 20204h 39m

problem thank you um yeah there's a uh five lots here you see uh four of them belongs to me and

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And 5504 Bonsu City, we applied already to the city, and they booked on me, and it's on process now.

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But we want to do the business 506, and I have an ice cream stand on the 5506.

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So I will start over here.

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When I get another lot, I want to combine old lots, and there's a building here, I want to combine with the building too, and I want to make a nice garden, like a garden cafe, and people is going to sit around here.

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we are going to put the tables and there is a there's a lot of trees over there and nice night

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on Baltimore Avenue nice street and people is going to see it and and you know they can see

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them and share the time with the family it's gonna be a nice place for the family community too and I

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want to make I want to start over 55 or 6 before and I want to get a permission from there and so

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this is this okay I think we understand before thank you Mr. Karakler thank you so bad so we

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Mr. Sadiq, I am going to stop your video and see if that helps a little bit.

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Yes.

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okay can anyone hear me yes okay i had to leave all right mr sadique yes thank you we appreciate

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just hang in here one minute any questions from the board no no would anyone else like

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to testify in this case please raise your hand sir we have a nicole crawford whom i will allow

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to speak right now. Thank you. Good afternoon, ma'am. Please identify yourself with a record

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first and last name and your address. My first name is Nicole, N-I-C-O-L-E. My last name is

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Crawford, C-R-A-W-F-O-R-D. My address is 824 South Allison Street, which is off of 55th and

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Baltimore Avenue. Thank you. Swear a firm to tell the truth, the whole truth, nothing about the

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truth? I do. Please proceed. Yes. This has been ongoing for about a year now, this gentleman

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trying to create his business on this property. Right now, that is a high traffic, high crime

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area. And with no sanitation or anything like that, with the fright of COVID, we do not feel

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comfortable with having that there at this time um we've asked as the rco court uh well you know

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we weren't the coordinating rco but we've asked and we have tried to communicate with with him

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in order to possibly develop something different there um that would benefit the neighborhood and

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he has not been able to um come through with it it's just the same plan that he he keeps on giving

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out but we denounced it and we did not receive any type of notices or letters or anything like

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that like i said i live off of 55th of balsamore avenue on allison street and i am the committee

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person for the 46th or 20th division um so i definitely vietnamese oppose having this this

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business on 55th and balsamore avenue thank you uh there is a letter of support from councilwoman

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and it goes into detail about

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they're in support. The application

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admittedly, the applicant had struggled since 2019

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to understand the special exception process, did not have a lawyer,

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Did not have a lawyer, however, assuming they have otherwise met the requirements of the ZBA.

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however, assuming they have otherwise met, assuming

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This is an important location on an important commercial corridor in southwest Philadelphia.

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And we appreciate the applicant's interest in ensuring the corner is reserved for a community use.

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um chair we do have uh andrew goodman from the councilwoman's office if you wish him to speak

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yeah i'm sorry i read his statement no worries mr goodman you can unmute and speak to this and

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wait to be sworn in hi good afternoon can you hear me yes mr goodman please identify yourself

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with the record and then i'll swear you in andrew goodman g-o-o-d-m-a-n office of third

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district council member jamie r gaudier you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes i do thank you sir please proceed yep so you um you read our statement

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that we submitted for the written record we attended we attended the rco meeting um i do

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want to clarify we did not we did not receive a we did not receive a letter following the meeting

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um there were many questions many good questions asked during the meeting of the applicant

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that they needed more kind of more detail to add to their application we our office tried to

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facilitate kind of a email exchange between a couple members of the of the RCO so we did see

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we saw a follow-up that the applicant made but truly I don't want to don't want to misrepresent

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you know the intent of the RCO we did not we did not receive a final letter from them

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all right uh i maybe you can answer this andrew better than mr sadiq he's the owner of this

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property yes that's my understanding i was just wondering for miss crawford's uh concerns if we

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did a temporary variance we can do that sharon

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yes you can you can do it

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two or three years miss crawford

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um give me one minute i have to bring her back

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ms crawford can you raise your hand again

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okay you can unmute yes ms crawford i don't know if you heard me uh we would consider maybe doing

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a temporary variance so if there are any issues uh it won't be in perpetuity

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um i'm not in agreeance with a temporary but how long is a temporary variance we can make it as

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short or as long as we want uh probably within at least a year i mean you got to give

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you know with covid we don't know when we're going to anything's going to be opening up

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yeah um like i said that's really a high crime area um we're already dealing with several

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shootings in that area right there so having something open like that my my my honest concern

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is about um drug happening and stuff like that in that garden because it was used for drugs and

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stuff like that before um so i i'm not really comfortable with that at all okay all right

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anyone else mr goodman you have anything else to add nope that's it thank you for the opportunity

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you speak. Thank you. Anyone else would like to testify? Please raise your hand.

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Ms. Catherine Blunt has her hand up. I will allow her to speak right now.

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Ms. Blunt, good afternoon. Please identify yourself with the records by your full name and

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provide us with your address. My name is Catherine Blunt, B-L-U-N-T-C-A-T-H-E-R-I-N-E.

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i am the co-chair of the 46th ward rco our rco of butts the 51st ward you swear excuse me do you

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swear or affirm to tell the truth the whole truth and nothing but the truth i swear please proceed

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okay our 46th ward rco of butts the 51st ward rco uh at uh certainly at 55th and uh uh baltimore

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on either side. I did attend the 51st Ward RCO coordinating meeting. I have also met with and

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spoke with Mr. Karakulak since December 2019, along with Michael, not Michael, Lloyd Carpenter,

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who was also probably raising his hand.

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And during the times that I've spoken with Mr. Karakulak,

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I've spoken with Mr. Karakulak.

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I have encouraged Mr. Karakulak to get a lawyer.

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I have encouraged Mr. Karakulak to get a lawyer, to get drawings, and to be specific and precise about what it is he was planning to do.

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He has not had, this is like the third continuance that we are now addressing.

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He has not had a community meeting until the 51st Ward had that community meeting December 1st.

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At that meeting, it was 30 people, I think, Mr. Goodman was there.

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The advice was to Mr. Kyra Kulak to get legal assistance so that he can then present his argument to the community.

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So we have a year and a half since Mr. Kulak, for some reason, has not been able to comply with the ZBA requirements, inclusive of sending out letters, being able to present all of the documents that all of the other presenters have done on this Zoom meeting today.

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Additionally, I think Mr. Karakulak changed the owner to an LLC, and he's no longer just the individual owner.

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Oh, then he would have to be, we asked that question up front. He would need to be, he's required to be represented by council.

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Excuse me, I thought that Mr. I'm not going to pronounce the name right, but that he submitted a deed of double check.

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and my memory is that it was in his own name well that's what he that's what he testified to but

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if I could interject a second Sharon I'm just pointing out on the document that we had the

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owner is an LLC okay all right that makes JSP Peninsula LLC is what I see okay thank you Tanya

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thank you Miss Blunt that's important we would not have even gone forward with this case have

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we know that all right um am i i know there's other folks on there but i think we'll make it

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easier for them any questions from the board no no planning commission uh property is indicated

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for neighborhood commercial mixed use on the city plan the applicant has not uh demonstrated

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necessary hardship regarding cards from this code code we recommend excuse me mr bednar there is no

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requirement for unnecessary hardship it's a special exception i believe sorry so then uh we uh

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recommend the request for a special exception not be granted thank you this is ron bednar city

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planning thank you ron mi 2020-000087 5506 baltimore avenue my vote is no my vote is no

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my vote is no my vote is no thank you miss crawford and thank you miss blunt okay number 12

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of the Confessor.

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MI 2020-002419, 647 North 41st Street.

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This is Clementa, Amazon has her hand raised.

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I will promote her to a panelist right now.

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the reason we have two more cases and then we will break for our

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330 list okay okay okay good afternoon chairman and members of the board come on to amazon

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C-L-E-M-E-N-T-A

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Last name is A-M-A-Z-A-N

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Amazon, you're coming across like not clear

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A little bit

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A little foggy

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Can you hear me better now?

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A little bit, but it's

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Try something

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is that by the chairman

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say something

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I don't know you still I mean you've been on you've appeared before us before but today it's

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kind of like a muffled sound let's give it a shot let's see how it goes okay well I'll make

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myself nice and loud if that's helpful better that's much better perfect okay so if you allow

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me, I will share my screen. Ma'am, do you agree to waive the reading of its refusal and stipulate

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to its accuracy? Yes, I do. Also, have you emailed an exhibit packet with the required documents,

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Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal, photos, and plans five days prior to this hearing?

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proof of ownership, proof of...

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Yes, I have.

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Also, have you met with the RCO and have a letter?

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Yes, I do.

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And do you swear on firm to tell the truth, the whole truth, for nothing but the truth?

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Absolutely.

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Thank you. Please proceed.

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Thank you. So good evening, Chairman and members of the board.

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Again, my name is Clemente Amazon of Malcolmston, PC, and I'll be presenting our project at 647 North 41st Street.

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And before you, I have a packet of materials, which includes the deed, certificate of tax clearance, the notice of refusal, application for appeal, zoning maps, photographs, architectural plans and drawings, and the letter of support that we received from the RCO.

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Allow me to interrupt for a second.

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Court reporter, could you hear her?

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clearly oh yeah she's she's perfect nice and clear thank you thank you so this

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first exhibit that I have before you is the deeds for the property here I have

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the transfer tax certification as well as certificate of tax compliance and the

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notice of refusal this is a very straightforward project as you can see

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our only refusals are for dimensional variances so we are required to provide 25 for the open area

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we're providing 22.7 so that evens out to a difference of 23 square feet we also have the

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requirement of a nine foot rear yard depth we're providing eight feet and four inches so we're

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just eight inches off here so here i have the application for appeal again the refusal

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The project information form map of the area so this is multi unit we will be having a triplex within this property, as you can tell it is a regularly shaped, which is the result of us having these dimensional variances.

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is a map of the area so we're near wallace and 41st off of lancaster avenue photographs of the

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front of the property the right of the property to the left of the property from front from north

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41st street photo showing that we did post the zoning notice poster and here we have our rendering

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for this project so it is going to be three floors along with a roof deck and it's very

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straightforward unit one will be one bedrooms two bath unit two will be two beds two bath unit

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three will be two beds two bath so the units are allowed as of right we're simply here for

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the dimensional variances that we are requesting and we did meet with the rco on december 10th

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they did express their support for this project. So we provided notice to the community. We included

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the date of the hearing, Zoom information, passcode, meeting ID. As required, we provided notice of 63

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properties. Here's our certificate of mailing and a list of the properties that we notified

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of today's hearing as well as of the community meeting. And I believe my client is on the line

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to adopt my testimony.

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Brian Wise.

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it's been about to talk thank you good afternoon please identify yourself with the record spell

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your first and last name? Brian Wise, B-R-I-A-N-W-I-S-E. Do you swear or affirm to tell the

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truth, the whole truth, and nothing but the truth? Yes, I do. Thank you, Brian. Did you hear my

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testimony today, or my presentation, rather? Yes. And was it true and correct to your knowledge?

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Yes. And if given the opportunity, would you adopt it as your own testimony?

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Yes I do. Thank you. Thank you. Any questions from the board? No. No. No. Anyone else like to testify in this case? If so, please raise your hand.

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No further hand at this time, Mr. Chair. Thank you. Planning Commission.

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This is Ron Bednar, City Planning.

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the property is indicated for residential use on the city plan given the irregularly shaped

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parcel for meeting rear yard and open area requirements is required by RM

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meeting rear yard and open area requirements is required by RM1. We recommend that the request for

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variances still be granted regardless of those minor dimensional requirements. Thank you. MI 2020-002419

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647 north 41st street my vote is yes my vote my vote is yes yes my vote is yes thank you

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mi 2020 that's 000684 801 east willard street this case was originally heard back in january

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is that correct sharon that is correct and it was a hearing hold you were waiting for

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the rco letter and council person's letter um we don't have that because we don't have the paper

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file anymore but sloan folks sent me a copy of the councilwoman's letter in which she um i can

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send that to you she referred to the rco support okay mr folks on i don't know that he's on i

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called him and asked if he could send me the letter and he did i can forward he's here he's

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on man. You'll get him on. Good afternoon Mr. Folks. Please identify yourself for the record

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and I'll swear you in. Good afternoon Chairman DiCicco on the snowy Wednesday. My name is Sloan

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Fuchs. S-L-O-A-N-E-F is a fire O-L-K-F. Office of Council on Berea Community Sanchez room 508 City

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Hall. Thank you. Swear for him to tell the truth the whole truth nothing but the truth? I do sir.

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Well, having received a letter from the convening RCO, which I do have a copy of, and I can forward to Ms. Saleta and Ms. Sunkit if needed.

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And the letter stating that there was no opposition to this various requests.

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Our office has no opposition to this various requests.

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Thank you very much.

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Can I just say thank you, Mr. Sloan, folks, for getting back to me so quickly and sending me the information.

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and could i also make the special request to get that email for our records so much thank you

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i will send that to you immediately thank you mr folks anyone else would like to testify please

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raise your hand um i don't think we should because this was a delay right right yep yes thank you

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thank you did the planning commission yes this was a complete completed case basically all we

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needed was the vote after we received the supplemental documents gotcha thank you again

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mi 2020 does 000 684 801 east willard street my vote is yes my vote is yes my vote is yes

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my vote is yes

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or the last number 14 mi 2020 does zero zero two six zero two nine oh four two excuse me

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nine oh four two east roosevelt boulevard

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mr chair mr jared klein good afternoon mr klein you know the drill please identify yourself and

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I'll swear you in.

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Good afternoon, Mr. Chairman, members of the board, Jared Klein from Blank Rome,

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130 North 18th Street in Philadelphia on behalf of the applicant.

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We're going to affirm to tell the truth, the whole truth, nothing but the truth?

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