civus
Hearing video

ZBA Hearing - July 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20202h 14m

Okay, understood.

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That would be a discussion because they're scheduled in advance.

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So we would need to come up with a proper plan.

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We started, we got done, it took us about an hour and a half to get through, what, five or six cases?

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Yeah, because we had a lot of continuances.

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Well, we had three continuances of the, I think there were six cases.

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and only one the 9th street case had you know any if you would call it lengthy comments about

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the rest were pretty easy and it still took us an hour and a half but right but we had a lot

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scheduled it's just you didn't see it because they were removed prior to you submitting the

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hearing list so that's why i agree i'm just saying that i didn't typically when we're in

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when we do these things in person the morning list has 30 40 cases something like that we don't get

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to do them all because there are a number of continuances that are requested but we still

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wind up on average 20 or 30 i believe maybe a little bit more on a morning list i just don't

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know if we're going to be able to get through a morning list um the way we were able to in the

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passed i'm not saying you can't i just think we should be a little cognizant of that over the

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next week or two understood and just because this was the first week of sessions i didn't put a lot

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on the calendar yeah and i appreciate we appreciate that certainly yeah so do we know if alan and uh

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the other attorney got on yet i just emailed them abigail's email address and said they should

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contact her I also her text texted me to say that they just needed to scroll

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down I told them both that they said it didn't work I am NOT the one who should

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be giving technical advice you're doing a good job Sharon

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So it is the call of the chair.

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If you wish to take another case first, it's always your call, Frank.

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Yeah. I was just thinking that. Thank you. Maybe we'll do that. We'll go to.

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Frank, if you could push Dolly Street back one or two cases because Alice emailed me and said

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she would be sending a letter. That's the second case on the list. So just so you know, I see that

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1330 West Silver Street appears to be present and waiting. If you wish to go that route,

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So Edmundo Goris is available here.

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Edmundo, are you there?

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Hey, how are you?

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Hey, how are you?

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Okay, before you begin, Armando, I just need to open up this hearing.

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Okay, before you...

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So let me start by saying good afternoon, everyone.

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My name is Frank DiCicco.

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I'm the chair of the Zoning Board of Adjustment.

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We have a quorum.

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I'm officially calling this session to order.

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Ms. Carol Tenere, our vice chair, is present, as is Confessor Plaza, our secretary.

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Mr. Holloman will not be participating at the moment, or maybe he will on this.

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Tom, if you're there, if not, we'll catch up with you later.

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Also, our city solicitor, Sharon Saleta, is in attendance.

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As you're probably aware, today is our first day of holding virtual hearings.

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While we may have to make some adjustments along the way, our plan is to call each case and basically proceed as we would have in a live hearing.

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We ask that attorneys for applicants or other interested parties identify themselves for the record, spell their name for the stenographer, when the case you'll be participating is called.

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We will then hear the applicant's presentation, followed by any presentation, by attorneys representing other parties.

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Interested parties and members of the public not represented by counsel will be given an opportunity to testify.

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We will finally hear the recommendation of the Planning Commission. At the hearing's conclusion, the board will either vote the matter immediately or hold it for discussion in executive session.

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Any case held for discussion will be voted on the record at the next July 21st morning session.

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a couple of changes to the virtual format. First, we will be administering oaths to participants

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prior to their testimony rather than to the room as we did in the past because we obviously had

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no room. Second, for the benefit of anyone participating by phone, we ask that attorneys,

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witnesses identify themselves prior to speaking or testifying. Third, we'd like to advise everyone

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that this proceeding is being recorded, and that by participating, you acknowledge your

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agreement to be recorded. Again, I thank everyone for getting us to this place and time. It's been

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a struggle for a few months. But with that, last, the Vice Chair, Ms. Tenere, to call up our first

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case. I'm sorry. Can I interrupt for one second, please? I just wanted to mention that all those

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who are participating by phone, there is a call-in number for you to register your appearance

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before the board so that you can get correspondence and be connected to the case.

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That number for anyone who needs to can call. Make sure I'll call it up.

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What I'll do is I'll, um, it should be 267.

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Sorry, I got a lot of screens open here.

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Does any of the staff have the number up?

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Tanya, this is Martha.

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I have it.

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it's thanks Martha sure it's 267-270-5548 and there are instructions in the voicemail on that

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line to let you know what information you need to leave for us to get the correspondence on

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each case thank you so the first case being called is West Silver is that correct Mike

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tanya is that correct yes if you wish to move forward with them first yes tanya also

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remind everyone if they want to speak to raise their hand that way we go acknowledge them

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yes thank you okay calendar number one three three zero west silver street

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did i just say that wrong yes i did strike that calendar number three nine six eight nine

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1330 West Silver Street is there an attorney with this case no there's no

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attorney okay let me read this is an application for a two-family dwelling in

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an existing structure the proposed use is refused for the following the

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minimum lot area requirement is 720 square feet proposed is 714 square feet

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Proposed is 714 square feet.

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This application does not require civic design review.

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Okay, sir, we can proceed.

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Again, please identify yourself with the record.

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Spell your first and last name for the stenographer.

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Hello, everyone.

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My name is Edmundo Gores.

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Spelling E-D-M-U-N-D-O, Gores, G-O-R-I-S.

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I am the owner of 1330 West Silver Street.

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We're having this meeting today here in order to get the variance and exception because as it was, as Ms. Carol said, the minimum square footage for a duplex by the city is 720 square feet and the property only have 714 square feet.

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and we were hoping being this the case that the difference is only six square feet we wanted to

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see if we can get a uh uh maybe if we can get this passed and just oversee this square feet

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the six square feet of difference on the on the property thank you uh tanya whoever

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Robert, is there anything in a file that we need to be aware of?

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I can tell you that the community supports it, that the use is permitted, and the only variance is for being four feet, six feet short of the required minimum.

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Six foot, thank you. Okay. Is there anyone else who wishes to testify on this matter?

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see none uh any questions from the board no planning commission

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uh good afternoon chairman and members of the board this property is indicated for residential

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use on the comprehensive plan this property is six square feet short of meeting the lot size

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requirement of the zoning district accordingly due to the de minimis nature of the request we

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have no objection to the granting of the variance thank you okay calendar number three nine six

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eight nine one three three zero west silver street my vote is yes my vote is yes good luck good luck

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you thank you everyone finally good luck to you um do we have alan yet knock us him on the uh

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now and on yet no no and he's here for you yes he is on yes i see you

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i'm sorry whoever's talking you're breaking up

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and Tom's on. We don't know what case we're going to hear yet. Who has the number? Okay, thank you.

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Alan, you're unmuted.

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I see you. I see you, but we don't hear you, Alan. You have to unmute, mute.

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Hi, can you hear me?

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Yep, we got you now. Okay.

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Okay, calendar number 1652. Why do I keep doing this? Calendar numbers, strike that. Calendar numbers 39672 and 39669, 1652 and 1654 North.

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6th street um mr knockamson do you agree to win the reading of the refusal and stipulate to its

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accuracy yes i do name and address for the record good afternoon my name is alan knockamson of

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knockamson one knockamson pc 123 south broad street suite 1600 philadelphia pa 19109 and i

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would like to say I'm happy to be back. We are too. Oh, it's awesome. All right. I represent

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BCB. Okay, we're going to pause. What? I believe Frank. Frank, can you swear him in? Yeah, I'm

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sorry. Allen, and if you have anyone else, do you have anyone else testifying? Well, I did give

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the owner, Charles Murphy, the information. Mr. Murphy, are you on the line?

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I appreciate it.

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okay so why don't we do this uh alan you know you gave your name i think already but do it

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again if you don't mind and mr murphy uh give us your name spell for the stenographer

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and then i'll swear you both in alan occamson

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murphy paul's murphy do you swear affirm do you swear affirm to tell the truth the whole truth

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nothing but the truth? I do. Yes, I do. Thank you. Yes, good afternoon board. This is the proposed

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project are two single-family homes. One is 1652 and one is 1654 North 6th Street. You have a packet

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of exhibits. I don't know how to maneuver this, but I did create a PDF so that you can tab each

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one separately for your own benefit. I don't see it on my screen but I have a

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physical copy of it. So I assume you have that in front of yourself yourselves.

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Alright so the first exhibits the deeds to the property showing that BCB home

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contracting and NOVA contracting are the owners of 1652 and 1654 North 6th

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Street. After that are the certificates of tax clearance for both entities for

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both properties. After that are the notices of refusal, one for 1652 and one for 1654

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North 6th Street. Both the properties are RSA 5 properties. We're looking to put single-family

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homes so there's no use variances. The dimensional variances are due to configuration of the property

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as well as side and rear alleys. So for 1652, the one refusal has to do with the fact that we're

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basically putting a wet bar on the upper level in the pilot house. It says, whereas the roof

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deck access structure may only serve to enclose the access stairs, the proposed roof deck access

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structure includes a wet bar. The second refusal, which are similar to 1654, are open area issues

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as well as rear yard issues, and then particular to 1652, because the property to the left of us

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has a porch, they're looking to have us put a setback there as well. Again, these properties

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are only 700 square feet in size each. The width of each property is 14 feet wide,

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and the length is 50 feet wide. And that will go to a lot of our hardship here.

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The fourth exhibit is the application for appeal or the applications for appeal,

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which include also the project information, completed project information form for both.

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Fifth exhibit is the zoning and Google Maps in the aerial view. I would point you to attention

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to the exhibit number one, excuse me, page number one of this exhibit. You'll see that there's a

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side yard for 1652 and there's rear yards for 52 and 54. And then I also

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point you to your attention to the last page of Exhibit 5. This is the scenario

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view that I obtained from atlas.phila.gov for these properties. As you can see,

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there are no structures on 56 or 58 and then if you look at 1650, that

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structure actually goes deeper than ours so in actuality even though we're like seeking a you

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know a smaller uh rear yard and uh a small and we have where we're not meeting the standard for open

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area we're not impacting the actual air and light of the pre-existing structures there uh and given

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as you can see also the rear and side yards for 52 and 54 that's some of the reasons that's why

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we're not meeting the rear yard setback you know we have a three foot rear yard excuse me a three

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foot rear alley which if we included that as part of our dimensions we would be closer to meeting

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the actual zoning codes and as the side yard as well if you put that into 52 we would be closer

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to meeting the open area after that i gave you on exhibit seven are the architectural plans and

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drawings. And exhibit eight is a correspondence from APM, the coordinating RCO. We met with them

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on March 12th. This was just before everything shut down with the city regarding COVID-19.

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There are only three individuals there. So there are two people against the project and one person

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for the project. I actually gave you the first letter is the original letter that was sent by

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APM, and I highlighted that in red saying original letter. The difference between the original letter

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and then the letter that they, I think, ultimately sent you, I noticed there was an error in the

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original letter. One of the reasons why they refused the project according to the original

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One of the reasons why they refused the project, according to the original letter, was because we were seeking multifamily use, which was not the case.

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letter was because we're seeking.

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These are two separate zoning matters, 1652 and 1654.

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So there are two units, but one for each property, and they're both single families.

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So there were not any use variances seeking.

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And then I would also point your attention to the fact of why they stated that two people were against it and only one person was for it.

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had nothing to do with zoning, like the only issue that they had, but basically the issue

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they had with it was that they wanted us to do construction work for neighboring properties,

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in particular 1650 is in pretty bad shape. During the meeting, a big part of the meeting was like

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they wanted us to do work on it because someone lives there as a renter, and we indicated to them

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that we could not do that because that's someone else's property, and we don't have the right to do

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that. But there were no zoning related issues as to this property. So, you know, as to all of the

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foregoing, you know, given the size of the lot, 700 square feet, given the length of the lot,

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50 feet, all of the variances we're seeking dimensional are de minimis in nature. If we

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were to have to comply with the zoning codes, we would not have a functional single family house,

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given the short width of the property and the short length of the property.

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um uh mr murphy you heard everything i stated today oh yes i did okay and and you and you and

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you are a member of of of the of the owner of the corporate owner of these properties right

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that's correct bcb homes okay and everything i stated today is true and correct right

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yes it is and you would adopt it as your own testimony i will okay

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Thank you. Is there anyone else who wishes to testify on this matter?

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Tanya, do you have anybody on hold?

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No, I only had Charles Murphy. That was everyone.

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Okay, I'll just check with you. That way I don't get ahead of you.

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Okay.

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Questions from the board? Planning Commission.

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Chairman and members of the board, this property is indicated for residential use on the comprehensive plan.

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The applicant is removing the existing homes, which met the setback requirements.

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We feel that if the applicant meets either the rear yard or their open space, that it would be a functional home still and would not represent an overbuilding.

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Currently, we recommend the plan as submitted not be granted.

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yeah oh mr chair the one thing i do i do want to add is that if you look at the pictures um

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of six um you know the first the first page it shows actually 16 of 1654 it was originally

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not set back it was to the street so like all we're doing is and if you look at the pictures

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that are the photographs all over the place it's typical other than this block to have

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no porches you know and three-story structures i i am at a loss because i don't have those

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pictures i don't know about the rest of my colleagues on the board um but i have to take

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your word for it does he have pictures he can share i do i do um i actually but it was with

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my materials you know Sharon I can share them if I'm able to do that or can I

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email them to you Tanya well let me not to belabor it I mean it's consistent I

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