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Hearing video

ZBA Hearing - December 16, 2020

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

we have a letter from the adjacent neighbor who lives at 1610 Cecil B. Moore so Mr. Jerry Toomer

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he said he's the adjacent property owner he's talked to both my client and myself and he's

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also met with our contractor, and he fully supports the appeal for 1612. I then have a

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email from the RCO that went to Ms. Mary Jones of Council President Darrell Clark's office,

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Good News Community Organization, as well as the 47th Ward RCO. It's a reversal of their decision.

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Their initial decision was to deny it. But after speaking to Mr. Toomer, they have decided to support this application.

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It's a very large property. It's a commercial corridor.

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And as such, they don't feel that our requested use is an overuse at all.

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In fact, they prefer this to multifamily dwelling.

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please mind you that we're here only for a uh a referral not a refusal or a variance

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my client is elise carroll who is her full-time job is in fact managing properties that's what

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she does she's agreed to a no noise no nuisance clause in all the leases she's agreed to lighting

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and safety surveillance, video surveillance on the properties.

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She's agreed to help fund cleanup projects in the community and also to post

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projects in the community and also to post property management information on the facade.

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uh

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As such, she's met her burden with respect to the special exception.

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And as far as I know, there are no folks opposing who could produce evidence or testimony otherwise.

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And before we close out, I'd like to ask Ms. Carroll to raise her hand to be recognized.

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Seeing Ms. and Ms. Carroll, I will allow her to speak right now.

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Thank you, Mr. Hand.

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Welcome.

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Good morning, ma'am.

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Please identify yourself with a record first and last name.

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Hi, my name is Elise Carroll.

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Tell your last name, please.

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K-A-R-O-L.

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Swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you, Mr. Anastasio.

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Thank you, Mr. Chairman.

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Ms. Carroll, did you hear my presentation to the board this morning?

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Yes, I did.

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Was it true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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thank you very much thank you any questions from the board no no no anyone else like to

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testify in this case if so please raise your hand

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no hands at this time mr chair thank you planning commission

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good morning i'm paula brumblow burns with the city planning commission

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

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i do thank you members of the zoning board this property is indicated for commercial use on the

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comprehensive plan it would also be allowed four individual units as of right and we feel that

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putting the first floor back to a workable commercial space is a positive attribute to

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the community accordingly we have no objection to a single room occupancy facility to less than nine

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tenants. MI 2020-0015181612, Cecil B. Moore Avenue. My vote is yes. What was that, nine

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tenants? Nine tenants in the rooming house or the single room occupancy section. That still

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includes the first floor unit as a separate number. Did that make sense? I'm confused. I'm

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Oh, sorry, Paula, we have a rear unit.

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You have a rear unit and then you have an SRO.

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Yes, that's correct.

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Nine units, nine residents

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in the single room occupancy facility.

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Thank you.

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So noted in the record, thank you.

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Yes, for Proviso.

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Yes, for Proviso.

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Yes, for Proviso.

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you number six on the list carol yes calendar number one three eight seven seventeen eleven south

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broad mr sun jen has his hand raised i will promote him immediately thank you jason

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good morning i'm there you are hi mr jen can you put your name and address on the record and spell

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your last name please yes zen jen z h e n j i n uh 1617 john f kennedy boulevard suite 1838

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philadelphia pa 19103 here on behalf of the applicant do you swear or affirm to tell the

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whole truth and nothing but the truth? I do. And do you agree to waive the reading of the refusal

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and stipulate to its accuracy? I do. Have you also emailed the exhibit packet with proof of

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ownership, tax clearance, refusal, and or referral, photos, and or plans of the property five days in

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advance of this hearing? And have you met with the RCO? And do you have a letter? Yes, to all

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questions. Thank you. You may proceed. Thank you. I'm going to go ahead and share the information

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from this case with the board. This is an application for an amendment to what was

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approved by Zoning Variants before. We have submitted the refusal community letter from

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South Broad Street Neighborhood Association, photo plans, tax compliance, the lease for my client,

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appeal application, the PIF form, and hearing notice. As the refusal indicates, this was a

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previously reviewed matter before the ZBA, it was approved with a proviso that no frying or grilling

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It was approved with a proviso that no frying or grilling of food on premises as part of

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of food on premise.

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what is essentially a corner grocery.

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And that refusal, that application was from 2010.

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My client's been operating and recently felt that in order to stay more competitive, he

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would like to add the hot food takeout as part of the retail grocery.

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we went back to meet with the community and they are in support of the application with the

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stipulation of course that while they're removing their objection to the hot grilling of food

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proviso from the original provisos they do want to make sure that the exhaust that work

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will travel vertically through the existing building and exit at the roof level internally

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and that the prior provisals that were applicable to this property other than number three which

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would remove the prohibition against cooking would stay in place and as long as that is done

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they are in support given that the property as you can see here is a corner grocery it is existing

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and operating and the plans here also shows that it is our intent to run the venting to the roof

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so the layout in the interior layout that is not really substantially changing we're adding

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a cooking space to the grocery and the existing entrances storage exits pretty much all stay the

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same so my client's business Narda convenience has been here it's the community is not asking for

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any kind of limitation on this approval because he's already been operating for about 10 years and

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would likely continue to operate long-term at this location.

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I'm happy to try to answer any questions from the board relating to this particular matter.

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Thank you.

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Any questions from the board?

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No.

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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in no hands sir thank you planning commission we have no objection to the granting of the

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variance at this location thank you um excuse me this is sharon seleta as for the wording of the

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variance of the decision if you approve it um i believe that most of the requests by the community

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organization are simply restating provisos that were previously attached to the approval

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since the request this time is only to remove one of those provisos Mr. Jin maybe you can weigh in

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on this it wouldn't appear to be necessary to state everything requested by the RCO maybe just

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two provisos relating to the venting and to the trash storage would that

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be acceptable I think that would be fine and with the just those two provisos and with prior

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provide those to stay i guess would yes the easy way to do this so the provisos then would read um

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roof mounted um trash stored inside building um roof mounted exhaust and provide

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other provisos to remain um let's see is that clear enough mr jenner

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um i believe i believe that would work i believe the uh internally stored trash was already on the

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prior um proviso and was it okay yes let me let me verify that yeah trash storage cans into the

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inside building with the prior proviso if we just ask that to stay and have um venting to the roof

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venting through the roof and um additional provisos to remain

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my assistants let me know that there is a trash storage area that is attached to the building

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actually it was shown in the photographs so they would just maintain the trash

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the internal storage of trash but it's not actually stored inside the unit itself if I

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may just show the photograph again it's actually like a trash storage area right under the

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staircase yeah yes

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that's been that way forever

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yeah

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all right

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we good to go Sharon

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yes so it would just be the venting

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and that

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previously imposed provisos

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to remain

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other than

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yes and I believe my client is here as well

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so if the board has any additional questions

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Do you want to get your client to adopt your testimony?

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want to get your client to adopt your testimony? Yes, please. Mr. Dharpat Patel. I see him in the

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Yes, please.

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Mr. Derp.

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audience

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Mr. Patel

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yes I'm here

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good morning sir please identify yourself with a record first and last name

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spell them please good morning Mr. Chairman my name is Drupal Patel

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uh i'm here as the owner of a convenience store at 1711 south broad street would you spell your

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first and last name please sure d-h-r-u-p-a-d last name patel p-a-t-e-l and do you swear or affirm to

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tell the truth the whole truth and nothing but the truth yes mr ken thank you uh mr patel you

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have heard my representations and presentation to the board. Can you verify that my representations

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are true and correct and adopted as your own testimony? Yes, it is. Thank you. Thank you.

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Again, any questions from the board? No. No. No. Anyone else would like to testify in this case?

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If so, please raise your hand.

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I see no further hands, Mr. Chair.

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Thank you. Planning Commission.

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We have no objection to the granting of the variance.

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Thank you, Paula Brumbell Burns, Brumbello Burns. All right. MI 2020-001387-1711 South Broad. My vote is yes with the following proviso. Roof mounted exhaust system and all additional provisos to remain.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Thank you.

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I think we go to number eight.

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Number eight.

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Calendar number 1520-2042 North Gratt Street.

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We have Mr. Anastasio, I'll be one of the panellists, or he is all ready to go.

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good morning good morning name and address for the record verne and spell your last name

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it's verne anastasio a-n-a-s-t-a-s-i-o 1315 walnut suite 1006 Philadelphia 19107

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okay you've already been sworn in do you agree to waive and stip yes have you mailed the exhibit

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packet with proof of ownership tax compliance refusal referral photos and or plans of the

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property five days in advance of this hearing and have you met with the rco and do you have a letter

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yes to all that thank you you may proceed thank you very much 2042 grad street is an application

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that we are seeking a referral which means obviously that this is already deemed to be

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conducive with the code. We just need to show that we are not going to be a detriment to the

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community. It's RM1. We are proposing a single room residence for six folks, no and not part of

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any jurisdiction with respect to the criminal justice community. Let's take a look at the

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existing basement where we have the um utilities we have a first floor living room uh eating

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kitchen a bathroom and a study then we have on the second and third floors uh six bedrooms and

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we want no more than six individuals in the same house it's an absolutely beautiful home that we

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do not want to cut up um it uh and the the uh the neighbors feel the same way uh it's got some

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beautiful old markings to it. Lots of character on the ceiling and the walls and the very last

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And the very last thing that the community wants, or do we, is to chop this up into a multifamily dwelling.

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thing that the community wants or do.

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I'm going to come down to the, we met with the RCO.

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We have a mailing of 155 residents.

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We have a deed.

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And of course, we have a tax clearance good until next year.

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As a result of our meetings with the community, we have a letter of non-opposition from 32nd Ward RCO, which we had a virtual meeting on December 7th.

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they asked for a sanitation plan which we provided we asked for on-site management again my client

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is this is her full-time job they've asked for lighting and cameras installation and that there

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would be no institutional housing all of which we've agreed to and as such we respectfully

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request the granting of this special exception certificate. Thank you Mr. Anastasia you have

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your client? Yes, excuse me. Ms. Carroll, can you please

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raise your hand and be recognized?

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He's allowed to talk, sir. Thank you. Good morning, ma'am. Please

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identify yourself with a record first and last name. My name is

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Elise Carroll. And you swear or affirm to tell the

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truth, the whole truth, nothing but the truth? Yes. You were on

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earlier correct correct all right please proceed mr anastasia thank you mr chairman miss carroll

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did you hear my presentation to the board this morning yes is it true and accurate to the best

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of your knowledge yes and do you adopt it as your own testimony yes thank you very much mr chairman

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members of the board i rest my case questions from the board no no no anyone else like to

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testify in this case if so please raise your hand. No hands at this time Mr. Chair. Thank you

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Planning Commission. Good morning Paula Burns with the Planning Commission. This property would allow

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two units by right with the potential for six unrelated individuals living together.

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This application does not increase the number of residents from what would be

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