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Hearing video

ZBA Hearing - June 8, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 8, 20224h 3m

to obtain a letter of support from the community from the coordinating community group with the

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proviso that there are construction materials during the render and the material renovation

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is stored in the rear yard and then the household debris would also be stored in the rear tamper

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approved containers. We obtained a letter of support and a request that the board approve

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the various requests from the RCL, but we also obtained over 30 signatures of support from

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residents that live on the north 15th street block, supporting this various requests and

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recognizing the use as a multi-family structure for over 30 years.

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so conclusion the historic and existing use of the property supports the granting of our variance

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request if it's squarely within the context of the area because the entire block is sort of

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peppering with multi-family structures throughout both the RCO and the directly impacted neighbors

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support the project and lastly the applicant does have a hardship due to the physical condition of

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the property when they you know are attempting to acquire it with conditions that they did not

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create because the property has existing layouts as a multi-family structure and is metered as such.

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So for all these reasons, we respectfully request that the board grant our variance request.

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If the board doesn't have any questions for me, I would ask if Mr. Gregg could be recognized

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to adopt and affirm my testimony.

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sir could you state your name and spell for the court reporter

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mr gray if you just raise your hand we'll be recognized

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okay mr gray has been about to speak sir thank you state your name please and spell it

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for the court. Jacob Gray. Jacob, J-A-C-O-B. Gray, G-R-A-Y. Do you swear or affirm to tell

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the truth, the whole truth and nothing but the truth? I do. Proceed. Mr. Gray, did you hear

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the testimony that I just provided to the board this morning? I did. Do you confirm the truth

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in my testimony and adopt it as your own? Yes. Yes, I do. Thank you very much. Questions from

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Thank you very much.

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Questions from the board?

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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 answer, Mr. 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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In 2021, the zoning map was amended here from RM1 to RSA5, single-family zoning.

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However, this proposed use, as we've seen, is consistent with the prior documented use

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and with the physical configuration of this structure.

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City Planning Commission recommends that the Board grant the variance.

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Thank you.

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MI 2021-005-419-3729 North History.

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I vote yes, proviso, trash stored in rear yard.

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Carol Teneri, my vote is yes, proviso.

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Thomas Holloman, my vote is yes with proviso

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James Snell, yes with proviso

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Thank you, sir

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Thank you very much, Mr. Chair, members of the board

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Thank you

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MI 2022

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000485

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7137 Woodland Avenue

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First listing, Vern Anastasia

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Mr. Attorney

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if you're still in the audience please raise your virtual hand

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i'm sorry mr chair um just kind of stage what does not seem to be in the virtual audience at

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this time this is the first listing there are no exhibits um we we will continue this

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must be tried the next time.

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Is there anyone in the virtual audience

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whose case has not been called

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for the 9.30 a.m. hearings?

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I was ready to say no.

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Thank you, everyone.

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We'll be back at 2 p.m.

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Thank you for a good morning.

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Thank you, Mr. Chair.

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mr chair we have a hand let's raise

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okay i'm here you should go miss she's been left to speak

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hi could you state your name and spell for the court reporter yeah it's misha gomez m-i-s-h-a

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g-o-m-e-z um i wait a minute wait a minute wait one minute do you swear for him to tell the truth

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the whole truth nothing but the truth yep what case do you want to talk about um you know i don't

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have the court number i just got a letter in the mail i was supposed to come to this meeting

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what's the address uh it is on passion um it's i honestly it's like 9 26 i think so you can reach

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out to the office for any questions yeah we we don't have that case you're gonna have to call

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the office, ma'am. Okay, thank you. Sure. Anyone else? Ms. Catherine McShane has her hand raised.

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I will have her to speak, sir. Okay. Hi, could you state your name and spell it, please, for the court

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reporter? Kathleen McShane, M-C-S-H-A-N-E. Right. Do you swear or affirm to tell the truth, the whole

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truth and nothing but the truth yes oh it is is really a question about 7 30 uh east allegheny

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did i read that correctly that that is a continuance it was it was continued by the

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attorney all right thank you very much that's all thank you thank you any other hands

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no other hands at this time sorry all right jason two o'clock you got it

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See you later.

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Bye.

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Good afternoon.

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My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearings.

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With me is Carol Tenere, our vice chair.

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Ishmael Shahid, our board secretary.

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here mr chair mr chairman i'm present i was on mute again that's okay thomas holliman our board

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member present mr chairman and james snell our board member present mr chairman also here is

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our executive director tanya sunkett and our board attorney hillary emerson before we begin

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Hillary Emerson. Before we begin, here's our virtual format. Be advised the proceedings are

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here's our virtual format

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that.

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being recorded. By participating, you acknowledge your agreement to be recorded. The video will be

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available by contacting tonyasunkett at phila.gov. For the benefit of our court stenographer,

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we ask attorneys and witnesses to identify themselves before testifying. If you are

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participating by phone, if you wish to testify, press star nine to raise your hand and star six

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to unmute. To enter an appearance statement, call 267-270-5548. Leave your email and the address

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of the property in question. And last, please note the question answer box on the screen is

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not for testimony or comments. Any comments should go to our Executive Director, Tanya Sunkin.

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Let's look at continuances and withdrawal for this afternoon's cases.

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cases. Number six, MI 2021-004-816-600 East Luzerne Street. This is a continuance.

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And we also have a withdrawal, which is number nine.

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MI 2021-004-815-733-Hofnigle Street.

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The first case is continued.

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The second is a withdrawal.

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Does anyone else have any withdrawals or continuances?

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Good afternoon, Mr. Chair.

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Mr. Jack Hanley has his hand raised.

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I will align for this time.

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Could you state your name and spell it, please, for the court reporter?

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Mr. Hanley, please unmute yourself.

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hello

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i don't think he's up i don't think he's uh okay it doesn't matter with his machine sir i'm sorry

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okay is there anyone else that has any continuances

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or withdrawals mr stephen pollack has his hand raised i have allowed him to speak thank you

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Good afternoon, Chairman Bergman, members of the board. Stephen Pollock, with regard to 934.

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Mr. Pollock, could you spell your name for the court reporter, please?

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Sure. Stephen with a P-H, Pollock, P-O-L-L-O-C-K.

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Right. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do, Mr. Chairman.

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In what case?

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uh 934 to 44 east pass yonk avenue mi 2021-005-410

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mr chair this is hillary that's case number six on the 330 list

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oh it's a three i'm sorry 330 right i'm i'm getting confused okay all right because i have

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it's a mutual request for another case that's going to be on for june 21st because we are

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withdrawing everything um and asking for leave to file new applications because we're so if you

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want me to come back at 3 30 i will definitely do that well we have a request for withdrawal already

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for that right hillary yes we do we already have the request for withdrawal so we'll withdraw that

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when we call this at 3 30. okay and we're also asking for our companion there was a companion

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case for signage that we had a split so that's june 21st at 9 30 a.m and we just wanted to see

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if we could deal with that in one fell swoop today in front of the board um tanya can we

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can we take a look for that the other one too no chair he could reach out for that all right good

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good so the number six will be withdrawn at and and get a hold of the office and tell them about

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your other case okay and i and i will be excused from appearing at the 330 list is that correct

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that's right well all right thank you very much mr chair members of the board have a great day

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right any other cases

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i see no other hands raised at this time thank you we're going to go to our add-on cases

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i see no other hands raised at this time

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mi 2022 001 089 15 south 52nd street i vote yes with the following provisos

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south facing sign illuminated only during business business hours her amended refusal

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dated 3-24-22. Revised plans, two pages, stamped June 8th, 2022.

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Harold Tenere, my vote is yes, with proviso. Thomas Holloman, my vote is yes, with proviso.

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James Snell, yes, with proviso. Israel Shaheed, yes, with proviso.

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Number two, MI 2021-004-663-1513 North 6th Street. I vote yes.

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Harold Tenere, my vote is yes.

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Thomas Holloman, my vote is 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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MI 2022-002-616, 1733-37 North Front Street, I vote no.

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Carol Tenere, my vote is no.

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Thomas Holloman, my vote is no.

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James Snell, my vote is no.

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Voices.

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Ishmael Shaheed, my vote is no.

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We're going to go to our regular list.

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MI 2022-001-931-1301 Thason Street.

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Letter of Opposition from HMC Squared Association.

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Hi, Chair.

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This is Tanya.

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May I make a statement?

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Sure.

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Please, all in the audience and attendees, if you have questions, please pose them in the Q&A.

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Do not raise your hand unless you're prepared to handle a case.

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Thank you, kindly, Chair.

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Sure, sure.

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All right.

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Alan Nockamson is the attorney.

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He's been promoted to panelist.

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Good afternoon, Mr. Chair, members of the board.

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Alan Nockamson of Nockamson, AC.

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Could you spell your name for the court reporter, please, Mr. Nockamson?

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Yes, Alan, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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

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I do.

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Would you please identify your client and their relationship to the property?

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Yes, my client is IRA Development LLC, which is owned by Kumats Homes.

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And my client's representative is Eze, if E-N-E-Chukut.

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our vice chair

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has a few questions for you please

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Mr. Nockmson do you swear or affirm to tell the whole truth

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no no strike that strike it

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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 have you emailed the exhibit packet with proof of ownership

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tax compliance a copy of the refusal or referral

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photos and or plans of the property five days in advance of this hearing

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

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Yes, in all respects.

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You may proceed, and please share your screen.

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Thank you.

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Thank you.

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Good afternoon, Mr. Chair, members of the board.

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Again, Alan Ops is in PC, and I'm here to present 1301, Forreston Street.

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In our presentation, we'll review the notice of refusal,

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the correspondence we got from HMC Squared Community Alliance, the coordinating RCO for

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this matter. Property history, which shows what we're asking for is exactly what has been the

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history of this property of single family use. Nearby commercially zoned properties with

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residential use only, we're a CMX2 property. And all we're looking to do is have a single family

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use. By right, we're allowed, because the loss is small, we're only allowed to put a commercial

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unit and a residential unit above, but we would like to just have a single-family dwelling there.

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Maps of the area we'll go over, including a map showing what we're proposing is less of a variance

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than what's nearby in terms of open area, as well as rear yard depth, as well as photographs of the property.

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as well as rear yard depth, as well as photographs of the property we'll show in the surrounding area,

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showing similarly situated properties, our plans and drawings, our meeting notice,

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