civus
Hearing video

ZBA Hearing - June 23, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 23, 20216h 15m

Again, here's the property, and you can see everything CMX2 and CMX1, and then across the street is RM1.

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And even in a letter from the community group, and I believe the neighbors on either side who may be on the call, they don't want commercial either.

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So we're kind of caught in a voice here is we have three potential uses, one of which we don't want to do.

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The neighbors don't want us to do. And instead of doing the commercial, we would rather have residential because we think that would be more appropriate in this location.

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So with that, I would rest and entertain any questions from the board.

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We have the architect on the line, too, if there's any architectural questions. And the client is also on the line.

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Thank you. Does the board have any questions, Tom?

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Yes. Yes. What is the trash disposal plan, especially for the third floor?

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Right. On the trash disposal, there is obviously no rooftop deck and there's no rear deck.

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And the idea was that the client would install trash compactors in the kitchen area for trash.

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And then the tenants would have to bring the trash down on trash deck.

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the first floor obviously has the rear yard thank you is there anyone in the virtual audience who

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would like to ask questions or testify please raise your hand yes chair um theresa

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Yes. Hello. Hi, Teresa, can you put your name and address on the record and spell your last name?

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Hi, Teresa, can you put your name and address on the record and spell your last name?

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It's Teresa Holberg, H-O-B as in boy, E-R-G as in girl.

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I live at 2416 for Rock Street, and I am the zoning co-chair for Fairmount Civic Associates.

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Okay, you're already sworn in.

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I am earlier.

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Okay, you may proceed.

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Yeah, I guess the problem here, clearly, we know commercial, especially in light of COVID,

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is financially difficult. And everyone agrees and understands that. And what you have here is a row

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and you can see from that photo there of five residences along Poplar Street from

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Chang Street over to Taney Street. The one on the corner of Taney and Poplar is a duplex,

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two apartment units and the other four including subject property are all single family residential

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and the concern you know it's bothersome to us on the board that we we get these fairly frequently

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where applicants feel like well it's an even swap well it's not really an even swap to swap

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out commercial for residential they have two different demands two different

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effects on on the neighbors and we haven't heard anything really that says

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why it's not feasible and i'm not talking about the owner's personal finances i'm talking about

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the financial feasibility of building a duplex it can be a three-story duplex you know you can have

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a duplexed unit and why it has to be three units. And we haven't seen anything about the hardship

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on that. They haven't exhibited a hardship. You can do that. Quite frankly, I think the residents

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would refer to single family, but they understand that's not in the card. So they would rather that

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the density conform with what the zoning permits, and that would be two residential units.

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can i respond to that madam chair just sure yeah the hardship miss herberg and thank you for your

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direction on this matter but the hardship would be uh if he does commercial on the first

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and has two residential units above we may be back in front of you the fairmount civic again

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saying that our commercial is dark. We don't have anybody in there. And since we have a dark space,

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can we make it residential? Now that's right next door, you know, there's going to be

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commercial space on the first floor of this newly approved project. So that's a response

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to your question that there is a hardship because the commercial will likely be dark. Now, my client

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owns a cleaners at 23rd and Fairmount and has he's been this this property has been in his

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family for many many years I know I know the neighbors are upset because it hasn't always

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been kept up and they had to shovel snow and sometimes there was dirt and that was certainly

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voiced and my client heard but he doesn't think commercial would work and that's why

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you know the ask is is what it is well but that's not really responsive to my point

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we understand you can't do commercial that that it's not feasible but that doesn't mean you can't

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just build two units without the commercial no but it also doesn't mean we can't do single family

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but if you're if you're allowed to have three units are you not allowed to have three units

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three units one commercial and two residential then from the vantage point of you know anybody

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trying to develop this property you have three uses two of which are residential if the commercial

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doesn't make any sense, then why would you build it?

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Madam Chair, I'm sorry. I didn't mute the participant because it was a back and forth

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and the participant should be addressing the board, not the attorney.

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Okay. Mr. Clinton, I have a question. I'm pointing and you can't see that I'm pointing.

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There's a duplex on the corner and then there's four single families.

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Yes, Madam Chair.

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uh first floor there's no commercial anywhere around there not only not from taney to chang

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street now and across the street as rm1 zoning and this this plot here and miss hoberg can correct me

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if i'm wrong i think it's been approved for 108 apartments and commercial on the first floor

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okay does the board have any additional questions uh council lady chair lady i think that the

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I think that the commercial would not work there, but you really can't switch out commercial

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commercial the commercial would

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for residential and keep three units, since it's new construction, there's not existing

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conditions, because it's going to tear the building down.

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Thank you.

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Do you have a response to that?

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Yeah, I think I would just reiterate what I said before. There's three uses. If one use by everybody's account is just ridiculous, then why build a commercial with two above and play a game with the board and come back next year and say, you know what? We built by right the commercial and two above. Now we want to convert the commercial to residential because it doesn't make sense to have a dark space on the first floor.

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but counselor when you tear the building down you have three uses existing now when you tear

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the building down you have to start over again you don't have three uses once the building's

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demolished no i don't have three uses now at all right i only have one use but it's the zoning

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district is cmx2 so that doesn't change once i turn it down once i once it's torn down if that's

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the route this takes you you still have the cmx2 zoning district and then you can build a commercial

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in two that's why i say there's three uses but you're not but you're not asking to build a

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commercial in two you're asking to build three residential i agree mr hollman i mean you're

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absolutely right all i'm saying is uh i don't want to be duplicitous and say let's say to the client

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go ahead build a commercial and then you know after you try to rent it if it doesn't rent then

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we'll come back and get the residential. I'd rather just say, look, this is really a residential

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block. Commercial doesn't work. Everybody agrees it doesn't work. It just doesn't make any sense

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whatsoever. And that's why I took the case, even though I know there would be opposition. To me,

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it makes a lot of sense. You're going to get rid of 100% occupancy. You're going to have a nice

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yard in the rear. And yes, you're going to have five bedrooms. It's not a six, seven, eight

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bedroom triplex and you know i just thought it was reasonable and look we can disagree

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excuse me let me ask you do you think two residential work with two residential work

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yeah one would work two would work sure but if he's allowed to have three uses

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then that's that's really the direction we want to go

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but for the three uses you would need a variance correct that's and that's why we're here yes yes

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sir thank you okay does anybody have any um further questions from the virtual audience we have um

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Murphy?

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Yes, hello. Can you hear me?

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Yes, I can. Can you put your name and address on the record and spell your last name?

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Yes, Brendan Murphy, 2627 Poplar Street, Philadelphia, PA, 19130, M-U-R-P-H-Y.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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You may proceed.

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thank you I think I think the concerns that I would share about this project have already been

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articulated I would just like to reiterate that I am in agreement that commercial use

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for the reasons already stated would be inappropriate for the surrounding

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the applicant in my assessment has not proven financial hardship that would require

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a three residential unit building as has just recently been mentioned there may be alternatives

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with lower density. However, the plan as proposed is being positioned with both variances and both

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variances only being requested. These are all two-story single-family residences as current use.

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They're surrounded and in CMX2 zoning by name only. If it would be relevant to consider

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similar surrounding blocks where comparable houses are zoned RFA5 surrounded by CMX2.

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These properties unfortunately have been zoned CMX2 for quite some time as part of this entire

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square block going back to times when other commercial properties along Girard Avenue

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were being considered. If it would be relevant to the board I can elaborate but I'll ask the

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question. I do have suspicions of the plans as currently drawn that specifically label no

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underpinning required based on my understanding of the current depth of the property in the basement.

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um based on my understanding of the current depth of the property in the basement as well as the

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plans that include egress on both the front and back of the first floor if that would be relevant

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to elaborate on i'd be happy to do so does the board want to hear any of that testimony

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i'm okay i am too is there another witness

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we have multiple chair so like at least four more

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okay we can hear all four

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okay we have um miss kim

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miss kim you can unmute yourself yeah uh can you hear me okay yes name and address please and spell

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your last name kim marino m-a-r-i-n-o 2631 poplar street philadelphia 19130

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zero. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do. And I would like your testimony to be something new and different. Well, I guess it

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probably won't. I'm just in agreement pretty much with everything Teresa said and with what Brendan

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said. As the neighbor that's connected to this property, I also have concerns about the demo and

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you know, my house being, we're only, our houses are connected to each other. There's an alley

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between 2629 and 2627. So the demolition of that building will leave my house freestanding.

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Right now, the house is structurally sound and my engineer is afraid that it will not remain that way

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when 2629 is demolished. Okay. And I guess the other, the only other thing that I would add is

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that, you know, turning this into a three-story multi-unit building, you know, from a, what has

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for decades been a single-family home, you know, has the potential to bring 10 or more tenants,

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you know, into what was, you know, a row of two-story single-family homes. So I guess there

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isn't really anything else that I can add, you know, in addition to what the other witnesses have

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Thank you very much. Another witness? Next, we have Mr. Nick.

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Nick, please state your name for the record. Are you there? Can you put your name and address on

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the record and spell your last name? Yes, Nick Pappas, P-A-P-P-A-S, 767 North 27th Street.

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Do you swear if I'm to tell the whole truth and nothing but the truth?

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I do.

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Thank you. You may proceed.

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I just wanted to say that I was not able to attend the Fairmount Association meeting,

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but I am in full support for a variance on this project.

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Okay, thank you.

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Next witness.

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Mr. Terry.

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Yes, hello?

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Yes.

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Can you put your name and address on the record and spell your last name?

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Terry Memos, 2626 Poplar Street, 19130, M-E-M-M-O-S.

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

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Yes, I do.

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Thank you.

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You may proceed.

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So I live across the street from the property at 2626 Poplar Street.

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I'm full of support for the variants, me and my family.

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Okay.

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Thank you.

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Is there another witness?

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Yes, Chair.

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Mike, you can unmute yourself.

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Yeah, hello.

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Can you hear me?

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Yes, I can.

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Name and address on the record, please.

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and spell your last name. My name is Mike Katios. My last name is K-I-T-S-I-O-S. I live at 2624

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Poplar Street across the street from the property. And I am also an advocate for this variance. And

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reason being is I'm familiar with developers and builders. And this builder, by right, I could be

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wrong but but by right is allowed to build a commercial space on that property am i correct

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is that correct yes okay so he is allowed to build a commercial space on the property

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which he will do and i'm not an advocate for that but if i can choose a rent residential

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space over a commercial, I do. I would prefer the residential over the commercial.

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I do. I would prefer the residential over the commercial, if that makes any sense.

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Thank you. Is there another witness?

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Here we have Mr. Chris. Mr. Chris, please unmute yourself.

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Mr. Chris, if you can hear me. Hi, put your name and address on the record and spell your last name, please.

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Sure. My name is Chris Katseptis. Last name is spelled K-A-T-S-E-F-T as in Tom, I-S. My address is 2731 Reno Street.

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

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I do.

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Thank you. You may proceed.

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I just want to kind of echo what the previous two or three individuals had mentioned.

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Fortunately, I was not able to attend the Civic Association meeting, but I am in full

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support of the variants for the three residential units.

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Thank you.

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Is there another witness?

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Yes, we have a call-in user, call-in user 9112.

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Call-in user, please unmute yourself if you wish to testify.

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you just had it is it star nine to unmute hello is there somebody there calling in who would

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like to testify

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okay does the board have any more questions no planning commission

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No.

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This is Ron Bednar, City Planning.

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The property is indicated, currently indicated for mixed commercial use on the city plan.

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We recommend that the requested variance be granted provided two residential units only.

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thank you calendar number 0865 2629 poplar street my vote is yes with the maximum of two units

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yes with proviso yes with proviso

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thank you madam chair i'm dismissed uh yes

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thank you calendar number zero zero three seven six one four north 12th street

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is it an attorney for this case

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it's it's per se the owner is Deanna Williams do we have the owner available only first

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I think Deanna is the owner yes I'm not seeing her here

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is nancy she was planning to be here she we um texted back and forth earlier

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do you want me to see um i see that the architect is available i'm going to allow

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him to speak to determine if she is with him okay

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