civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

accuracy yes have you emailed in all the required documents and exhibits that is needed to proceed

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with this case five days in advance of this hearing yes thank you please proceed

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thank you uh the application that we're looking at is related to the property at 5178

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Parkside Avenue. The proposed use is for a restaurant. It's primarily a takeout restaurant.

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There were 69 affected neighbors that were mailed information relative to the application

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that's being heard today. There was overwhelming consent. It was unanimously approved by the RCA

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Parkside Association. The intended use for the property will cause no congestion to the public

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streets or transportation system. There will be no overcrowding. It does not impede light air to

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any of the adjacent properties. There's no burden regarding public facilities, including water,

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sewer. There is no special exemption that will impair or injure any use for any of the adjacent

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and properties. I have attached copies of the lease together with the deed, establishing

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ownership of the premises. We had also affixed here the information relative to the tax clearance

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for the property. The neighbors that had been notified are all affixed as well to the submissions

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made to the board with all of the addresses. As I said, there was unanimous support for

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the premises. Attached here is a photograph of the Star Fusion Express restaurant. That's the

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frontal view. Looking to the right of the property is the Parkside Avenue area. And

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important to note is that the Parkside Association, the RCO, is actually just a few doors

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away from the establishment and the fact that they overwhelmingly supported this project

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speaks volumes because they are directly next door to the

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speaks volumes because they are directly next door to the property. This would be facing the

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opposite direction. Across the street would be the entrance for Fairmont Park and the Mann Music

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Center. This is a photograph showing the notice that had been posted on the front entranceway of

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the premises. And we also were able to insert interior photographs of the property. What you

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have here is essentially a hallway with kiosk available for patrons to be able to enter their

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orders. And those orders will be then fulfilled. This is the other direction that shows the back

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of the premises, the restroom area. There are the kitchen area, and this is a photograph of one of

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the kiosks. Fixed is also the actual architectural plan for the property and a summary of the RCO

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meeting that was conducted on march 2nd of 2024 as i said it was unanimous consent

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uh from the parkside association and with this submission i'd like to um present miss darlene

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jones okay miss jones

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do you see darlene in the office audience

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i'm sorry mr chair i do not see that person in the audience but a michael tucker has their hand

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raised. Do I allow him to speak?

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Thank you.

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You better not to speak. Mr. Tucker,

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could you state your name, please, and spell for the

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court's stenographer? Michael

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Tucker, M-I-C-H-A-E-L

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Tucker, T-U-C-K-E-R.

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Do you swear

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or affirm to tell the truth, the whole truth, and nothing

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but the truth? I do.

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Proceed, counsel.

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Mr. Tucker, did you hear the information

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that had been presented to the board today yes i did and do you have any um exceptions

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modifications or corrections that you'd want the board to know about no it was it was stated as

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fact um that was an excellent presentation uh thank you mr tucker uh is there anything else

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that you'd like to advise the board of that would be helpful for them to know yes uh miss jones had

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an event today and couldn't be here. I help her in a consulting capacity, and she's working very

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hard and doing well, and we've done a lot of work with the attorney and with Dennis Weed to make

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sure we're in compliance with everything needed and, you know, doing everything to work with the

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rco in the community okay thank you very much and with that we would submit sure questions from the

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board no chair questions from our attorney ryan mcshary no chair questions or comments from the

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virtual audience i do not see any further hands with planning commission thank you chair bergman

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and good morning, David Fecta with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change

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to the commercial mixed-use zoning at this location.

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The appellant has shown that a takeout restaurant will have no detrimental impacts

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beyond what might be expected.

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The City Planning Commission recommends the board grant

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a proposed special exception for a takeout restaurant.

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Thank you.

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MI 2023-006-338-5178 Parkside Avenue.

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I vote yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Counsel, could you stay on, please?

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So number 17, MI 2023, 002-076-5109 North 13th Street.

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Counsel, could you state your name?

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You've already been sworn, just for the record.

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Tameka McCoy, MC, capital K, OY.

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Okay. And you have the recommendation of support from the Logan Civic Association. Could you identify your client in relationship to their property?

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Sure. The owner of this property is Moore Property, who's represented by Kyle Moore.

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Okay. And our vice chair has just a few questions.

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Good morning, counsel. Do you agree to leave the reading of the refusal or stipulate to its accuracy?

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Good morning, counsel. Do you agree to leave the reading of the refusal or stipulate to its accuracy?

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Yes.

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Have you emailed them all the required documents and exhibits that is needed to proceed with this case?

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Yes.

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Thank you. Please proceed.

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Thank you.

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And close with the package that has been submitted for the property located at 5109 North 13th Street is the petition together with the information that had been mailed out to 48 affected neighbors.

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The property is zoned for a three-family apartment.

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It's been zoned that way since 1962.

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It's my understanding that it had been vacant for some time, and the application is to have

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it go back to the three-family apartment building.

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I included in the packet information relative to the neighbors that have been notified of the proposed change.

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As I indicated, there are 48 affected neighbors.

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All of them have been notified.

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The Logan Civic Association conducted a RCO meeting and had subsequently approved the request to have the property zoned for a three-family apartment building.

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Enclosed also is the tax clearance certificate.

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It appears that the use from 1962 is a three-family apartment building.

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there's no detrimental impact regarding the transportation system there would not be a

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overcrowding um expected from the anticipated use nor would it impact the light and air quality to

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any of the adjacent property or the water sewer park usage there would be no impairment um to any

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other owner uh property owner that is in the area um

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I'm going to go to the photographs, it's a semi-attached row, we're looking at the frontal

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view, and the next photograph is looking toward the right of the building.

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the next photograph depicts the left of the building

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it appears to be ample off-street parking and this is a view of across the street

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this is another photograph it's an oddly shaped intersection and so this is the other

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location so that you could have a full understanding of the surroundings of the property.

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Enclosed is also the architectural plan for the three apartment dwellings. One would be a two

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bedroom apartment, the other a one bedroom and a studio. As I said, this initially was approved

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by the Zoning Board in August 23, 1962.

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And we're just asking to have the use properly reflected

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that it could be used as the same intended use today.

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The Logan Civic Association conducted a RCO meeting,

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held votes, and all of the meeting attendees

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supported the desired request.

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With that, I would like to introduce Mr. Moore.

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Good morning, Mr. Moore.

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Do we say him?

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Hi, good morning.

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Hi, could you state your name, please, and spell for the court's demographer?

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Kyle Moore, K-Y-L-E-M-O-O-R-E.

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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.

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Please proceed, counsel.

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Mr. Moore, did you hear the testimony that had been provided to the board today?

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Yes, I did.

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And was it accurate in its representations?

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Yes, it was.

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And were you to testify, would you testify in accordance with what had been provided?

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Yes.

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I have no further questions.

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Questions from the board?

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No, Mr. Chairman.

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questions from our attorney ryan mccherry no mr chair questions or comments from the virtual audience

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i do not see any further hands mr planning commission

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thank you chairman and good morning david effecto city planning commission chairberg

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thank you chairman and good morning david effecto city planning commission chair bergman and board

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the comprehensive plan recommends no change to the residential two-family zoning at this location

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this zoning dates to 1975. this property has a documented history as a three unit building

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dating to at least 1962. the appellant has shown the proposed legalization of a three dwelling of

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three dwelling units is the minimum needed to afford relief the city planning commission

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recommends the board grant the proposed use variants for three dwelling units. Thank you.

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MI 2023-003-076-5109 North 13th Street, I vote yes. Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Shemil Shahid, my vote is yes. Thank you, counsel. Thank you. Have a good day.

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Number 14, MI-2023-002-232-5162 D Street.

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Vern Anastasio is the attorney.

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They'll be rejoining as a panelist, Mr. Chair.

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Good morning. Vern, you've already been sworn. Just for the record, state your name, please.

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Yep, it's Vern Anastasio on behalf of Tangela Turner.

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Okay, and our vice chair has a few questions.

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Counsel, do you agree to ways of reading out of refusal or stipulate towards accuracy?

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Yes, sir.

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Have you emailed in all the required documents and exhibits as needed to proceed with this case?

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Are these in advance of this hearing?

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Yes, sir.

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Thank you, counsel. Please proceed.

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Counsel, just for a point of information, there's a letter of support from the 42nd Ward, Democratic Ward, but they're looking for a two-year, they're looking for a proviso for a two-year temporary variance.

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Yeah, I wasn't on, we don't know where that came from.

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Okay, sorry. I just want to mention that.

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Yeah, we don't know. I mean, there was overwhelming support for the project. We never discussed, and nor was it ever brought up by the members that voted for a temporary, and given the nature of this particular business and where it is, we don't necessarily know what benefit it is.

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But nevertheless, our application is for grocery store, consumer goods, retail sale in the property that has a history of commercial use.

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Pull out here for you so you can see the interior layout that's drawn to scale.

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You have the store area, you've got the customer area here, you've got a large ADA compliant

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restroom, there's additional plans, and here is the space.

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you can see it's been used for commercial use for quite some time. It's got ADA ramp,

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fully accessible. Here's the interior right, as you can see. There's the public meeting

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notice and proof of mailing. This was done by former counsel. And then we have the proof

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of posting our deed and the tax compliance. I'm going to move all of this into evidence.

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Mr. Chair, because of the long history of commercial use on this property, because

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of the nearly unanimous vote to grant the variants. With never a mention of sunset provision,

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we ask that the variants be granted with the proviso of commercial trash pickup and exterior

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lighting and cameras for safety. And with that, I ask Tangela Turner to raise her virtual hand.

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they've been allowed to speak good morning could you state your name please spell for the court

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stenographer hello my name is tangela turner tangela t-a-n-g-e-l-a turner t-u-r-n-e-r

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you swear for him to tell the truth the whole truth and nothing but the truth

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yes please proceed counsel thank you mr chair miss turner did you hear my presentation to the board

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presentation to the board yes it's true and accurate to the best of your knowledge

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yes

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so true and accurate

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to the best of your knowledge

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yes

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yes and do you adopt it as your own testimony yes were you present at the rco meeting uh that

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resulted in the letter of support yes uh at any time during that meeting was it brought up and or

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agreed upon or even discussed a sunset provision to this variance no thank you i have nothing further

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Ryan McSherry?

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No, Chair.

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Questions or comments from the virtual audience?

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I do not see any further answer, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good morning, David Vecta.

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With the City Planning Commission, Chairman and Board members,

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the comprehensive plan recommends no change in the residential single-family zoning at this

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location. This property has a documented history of use as a three-unit dwelling

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since at least 1960. The comprehensive plan recommends concentrating commercial uses in

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existing commercial corridors and away from residential areas, and the appellant has not

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shown any economic detriment would accrue if they were not granted the use variance for commercial

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use so the city planning commission recommends the board grant the proposed use variants for

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two dwelling units but deny the proposed variances for food beverages and consumer goods and multiple

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principal uses on the lot mr chair there are no viable safe uh drug-free commercial corridors

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anywhere near d street this is why the neighbors want it so badly at this location someplace where

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they can go, where they don't have to climb over folks who are having difficult times

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