civus
Hearing video

ZBA Hearing - December 8, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20214h 14m

okay chair i have no record of having received the exhibits for this case we've received we

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sent the exhibits this is john taylor i apologize i'm counsel for john do me a favor

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share your name spell your name for the court reporter my name is john taylor uh t-a-y-l-o-r

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okay i'm the you swear go ahead you swear referring to tell me all right do you swear

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or affirm to tell the truth the whole truth nothing but the truth i do okay

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uh we're actually we're requesting a continuance we sent a continuance request back

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We're actually requesting continuance.

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We sent a continuance request back on December 5th, I believe, because we have some tax clearance

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issues.

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We did get support from the community group who received that letter today.

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um we did send exhibits um earlier um i think earlier than the five days um

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okay your your continence is granted thank you

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number four mi 2021 0 0 2 9 2 0 32 45 north 27th street

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brandy tally tally no exhibits this is the first listing

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i see no hands chair okay we will continue that sorry chair she her hand just went up

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okay thank you you're welcome

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brandy could you state your name and spell it for the court reporter

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yes brandy talley b-r-a-n-d-i-t-a-l-l-e-y

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okay um a couple questions mr chairman for for uh brandy sure let me let me swear first do you

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swear for to tell the truth the whole truth nothing but the truth yes go ahead jim sorry

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beth that uh do you agree to waive the reading of its refusal and stipulate to its accuracy

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i'm sorry say that again do you agree to waive the reading of the refusal and stipulate to its

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accuracy yes yes okay uh have you emailed an exhibit packet with the required documents

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

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five days prior to the hearing yes okay excuse me this is Sharon I have no record of having

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received those exhibits was I copied on the submission yes so um it was one that was I

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I sent it I cc two people um it was one that came back and said that it was the wrong email

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I mean not the wrong email the email wasn't um valid I did it three or four times it still kept

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coming back the same thing it was the s-u-l-e-t-a-z-b-a at what did you send it I'm sorry

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give me a second at phila.gov um it's not phila.gov it's gmail.com okay because that's what it says in

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your instructions let me um chair I have to see if the I haven't reviewed these exhibits at all

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if if Ms. Sunkett are you on could we check to see if you have them so that I can review them

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um yes could um the staff check for those exhibits and apologetically Ms. Saletta it has been a few

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times where that um email address was used we can check to make sure if we received it it was our

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error and if chair can go forward

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with another case that would be great

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we're going to move to another case and we'll come

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back to you Ms. Talley okay

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okay

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MI

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2021

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002919

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3532

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North 22nd Street

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no exhibits

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Ms. Silva

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and also Montanaro

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she's coming back in as a

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panelists here okay hi please state your name and spell your last name for the court reporter

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yes my name is nicole montero m-o-n-t-e-i-r-o okay do you swear to or affirm to tell the truth

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the whole truth nothing but the truth yes okay jim okay uh do you agree to waive the reading of

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the refusal and stipulate to its accuracy? Yes. Okay. Have you emailed an exhibit packet

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with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or

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referral, photos and planes five days prior to this hearing? Well, I did mail them, but not five

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days prior. I was gathering the documents and realized I had the email in draft. There was a

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lot of delay with the RCO. So I was preoccupied and finally had the RCO meeting last Thursday

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and realized I hadn't actually sent the email. So I just sent it today. And as far as the tax

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clearance, when I went to get the tax clearance, it said we weren't in compliance. And I looked and

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get the tax clearance, it said we weren't in compliance. And I looked and it was for the 2022

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it.

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taxes. So I did go ahead and pay them, although it's a little bit early. But I couldn't get that.

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I have the receipt of payment, but I don't have that. Excuse me, this is Sharon, the not payment,

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not being in compliance because of the 2022 taxes that that is not a problem but i still don't have

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a record of having received um your submission your exhibits can can you tell me if i was copied

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on that um i'll tell you it was let me go to my sins it was to um rco zba at phila and then s-u

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l-e-t-a-z-b-a at gmail.com yes i for some reason don't have that miss aletta she didn't send these

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timely so you probably wouldn't have gotten it okay thank you this was when did you say you sent

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this miss um it was today it was yeah so this is where it had to be continued okay so we're going

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to continue your case and you'll be notified one one when to come back okay um but every i don't

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have to do the rco process again right like it's just no you don't this is tanya i'm sorry no you

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don't, please reach out to our office for any questions, and we'll discuss it offline, okay?

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All right, thank you. So the RCO ZBA, you can email us there, we'll have a discussion.

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Okay. Thank you. MI 2021-002925, 552 East Loudoun Street, letter of support from the RCO.

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Joseph Consol is the attorney.

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hey everyone hi mr consul for the court reporter state your name and spell it please

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joseph j-o-s-e-p-h consul c-o-n-s-o-l-e that's one west third street suite 204

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media pennsylvania 19063 do you swear a firm to tell the truth the whole truth nothing but the

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truth? I do. Thank you. Jim, could you ask a few questions? Sure. Joe, do you agree to wave the

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reading and refusal and stipulate to its accuracy? Yes, sir. All right. Have you emailed an exhibit

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packet with the required documents, proof of ownership, proof of tax compliance, copy of the

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refusal or referral, and photos and planes five days prior to this hearing? Yes. All right. And

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

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Yes.

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Okay, great.

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You may continue.

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Good afternoon, board.

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Joe Consul here.

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I'm here on, did my packet come up?

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Pardon me?

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Yes.

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Okay.

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I'm here on 552 East Loudoun Street.

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My client, the owner of 218 Capital LLC, Mohamed Lamy is here.

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this resident uh this property is my client's childhood home his family lived here from 1991

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to 2008 and in 2008 the property was sold to his sister it was converted into a triplex

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um and uh in 2021 um mohammed purchased the property from his sister uh she had moved away

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and the property occupied, it was occupied, was purchased by my client. The property had fallen

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into a bit of disrepair at that time. So the units that had emptied, he left empty. There's

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one occupied unit at the property at this time, and we're seeking to use the property as a triplex.

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His plan is to update the property and make it nice keeping the existing floor plan

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which we just have a draft of that included in our packet. As you can see, we've got the

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picometers already set up and there's a photo there of some of the interior.

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This is kind of an interesting property and we think that there's a few good reasons why

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this variant should be granted. First, the existing conditions are 10 plus years old.

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The interior photos confirm both that it's set up as a three unit, and there's four picometers, one for the common area.

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The ground floor unit is completely above grade, as you can see in the photo on the side and in the back,

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and there already exists a separate room for the mechanicals, which is separate.

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And there already exists a separate room for the mechanicals, which is separated from that unit by a thick concrete wall.

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Second, it's a 2,916-square-foot property that currently has parking for four cars.

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The owner, additionally, has plenty of space to implement the trash plan that was requested by the RCO, which is just some kind of locking mechanism to include outside to store the trash cans in.

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when it's not trash day. So it's a very large lot. It's almost 3,000 square feet. That parking

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is already there and already in use. In addition to that, there's at least two examples of other

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triplexes. We're in green here. You can see how large our lot is, but both 4768 and 4779

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whitaker avenue are approved triplexes um and have the same or smaller footprint um as does our

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property uh and our property additionally um you know touches the street on two sides and an alley

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an alley in the back and i could give you it's kind of an example it's just a really large lot

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We met with the RCO on October 10th. We got their letter of support. They've had a few, I forget what the provisos were, let me pull it up.

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They asked us to, yeah, the trash plan, an aesthetic overhaul, which he'll have to do. We're here just seeking the use permit before he moves forward with any of the other permits that he needs.

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um and we believe it's it's it's a good it's a good candidate for for approval here

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um i'd like to call my client now if i could so you could offer any testimony

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could you raise your hand mr lami

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thank you uh muhammad lami spelled m-o-h-a-m-m-a-d last name l-a-m-i

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Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Hello, Mr. Lamy. Did you hear my testimony just now regarding your property?

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I did.

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Is there anything you'd like to add to my testimony?

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I think you covered it. Thank you.

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Okay. Do you adopt it as your own?

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I do.

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Okay. Thank you.

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In closing, regarding this property, we believe it is appropriate for the granting of this variance. It's a huge lot. There is an occupied tenant on the second floor. It's actually a family with two young children.

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they came to the RCO meeting and spoke about Muhammad as being a high quality landlord and

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that they enjoy the space. And so we believe converting it back to a single family, having

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to vacate the tenant and things like that would be both financially impossible for Muhammad as

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well as very inconvenient for what appears to be a good living situation for a family.

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And with that, we'll rest.

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questions from the board no mr chairman no questions from the um uh the the uh virtual

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audience chair we have sloan folks okay good afternoon again uh chairman bergman zba board

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Sloan-Folks, Office of Councilwoman Maria Quinones-Sanchez,

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Room 508, City Hall.

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The applicant having met with the coordinating RCO

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and having received a letter of support

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for their various requests,

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the Councilwoman's Office supports the various requests

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with the enforceable provisos requested by the RCO.

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Thank you.

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any other questions

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i see no other handshare excuse me mr can we check what are what are what are the enforceable

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i was trying to scan for that real quick uh let's see um

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exterior fence to be altered to ensure the proper legal material and standard height.

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So this fence in the front, there was some concern, which I believe that I echo that the fence is inappropriate for use in this property,

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both that it's too high and i believe the material is not going to work for a front yard fence

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i believe the material is not going to work for a front yard fence so they wanted that uh added

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so they wanted that uh

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as a proviso let me see what else um residential uh fire escape drop down ladders they wanted us

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to have uh ladders for you know people to aggress out the windows we know that that's not necessarily

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required by code we're happy to comply with with having some sort of exit strategy and then trash

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stored in a gate or a fenced-in area my client is going to build something that has a storage

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and a locking capability to be able to keep trash hidden outside prior to trash day as I said it's

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and you can see it's a huge lot so he's got plenty of room to do that. Karen what's enforceable?

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i think you can add one saying um fire escape ladders on i'm sorry you've taken down the

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letters at second i apologize that's okay bam i'm back thank you um fire escape ladders

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on windows of first and second floor apartments um trashed stored in a

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gated or fenced area out of sight of public i don't think you can do anything about the fence

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that's really an enforcement issue if it's not in compliance then mr console you recognize that it

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would have to meet code requirements correct yes yeah um i'll i'll make sure that he he handles

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that as part of this okay excuse me uh muhammad lamy here just want to interject the fence has

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been taken care of we replace the fence with one that is compliant great thank you any other

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comments from the virtual audience i see no other hands chair planning commission

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uh ron bednar city planning this property is indicated for residential use on the city plan

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or adopted district plan recommends no change to the existing um residential zoning at this

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location the applicant's hardship is not supported with evidence of unique physical circumstances or

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condition of the property that would prevent it from being used in conformity with the code

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therefore we recommend the request of variance not be granted. MJ 2021 002925 552 East Loudoun Street

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I vote yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Thank you.

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Thank you, sir.

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How do we stand with Talley?

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I have, I spoke with Ms. Sunkett.

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The staff wasn't able to find the submitted exhibits either, except for a meeting summary, I believe, from the RCO.

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Could we call Ms. Talley back up?

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Sure, we can. Ms. Talley, come back up, please.

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Yes.

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Talley, can you forward the email with the attached exhibits to me now?

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Give me one second.

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And that's SalettaZBA at Gmail.

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Yes, exactly. Thank you.

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S-U-L-E-T-A-Z-B-A at Gmail.

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Thank you.

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hello yes yes so i um submitted the rco i didn't think that i didn't know that i had to submit

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everything to everything i thought because i'm used to going to regular court so i thought i

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got the paperwork in hand i didn't know i had to submit everything on this one um to the zone i

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just thought i had to submit the meeting yes i'm afraid it will have to be continued so we're gonna

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to continue your case we'll be in touch and let you know when it is okay thank you all right i

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think that's that's it for our list today i think so yeah that's all i have if we could just make

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the announcement please to make sure we haven't missed anyone okay yes

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is there anyone else that had a case here today that we didn't hear from

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