civus
Hearing video

ZBA Hearing - October 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 11, 20235h 37m

And here's the email sort of confirming that that notice went out in a timely fashion.

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It went to 92 properties, not a particularly dense cross street here because of the industrial.

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not a particularly dense uh you know cross street here because of the industrial warehouse on our

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corner and the cemetery above so not a ton of addresses but these are those addresses

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when we're required to notify and here's the proof of mailing the application for appeal

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the deed to the property showing that thomas and patrick are the owners of the property

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And then finally, the certificate of tax

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clearance showing that no tax, real estate taxes are

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owned on property. With that, I'd like to call my client to adopt

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Bring your client on, please, Mr. Goldberg. Thomas Goodyear?

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Yep.

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Mr. Goodyear?

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Mr. Chair, I do not see anyone answering to that name amongst the virtual audience.

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Okay.

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Mr. Goldberg, you're an officer of the court.

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We will take your testimony.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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No, at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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No further hands, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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Sarah Bond, Philadelphia City Planning Commission.

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Comprehensive plan recommends no change to the existing residential single-family zoning.

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The proposed use will not cause detrimental impacts to the neighborhood beyond what might normally be expected.

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The City Planning Commission recommends that the zoning board grant the variance.

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mi20230030654241 richmond street i vote yes thomas holloman my vote is yes

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he's there jim

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we're trying to get him to unmute now just okay

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hello hi hi jim go ahead i'm sorry something's wrong here uh bill with my it's your mouse jim

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i i don't know what the heck i gotta get a new one i know that maybe the battery's dying in the

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mask. I'm sorry, though, about that. But you need my vote right now, please? My vote is yes.

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All right. Thank you, Mr. Goldberg. Thanks. Have a great day. Okay.

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Number six, MI 2023-003-075-6323. Greenway, Vern Anastasio is the attorney.

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The Consortium of Southwest Philadelphia RCOs is in support of the requested variants

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with provisos?

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We're coming back in as a panelist, sir.

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Okay.

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Afternoon, Mr. Chair.

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Mr. Anastasio, as you know,

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you've already been sworn to state your name

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for the record, please.

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Yes, sir.

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Vern Anastasio, V-E-R-N,

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last name A-N-A-S-T-A-S-I-O.

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I'm sorry, representing, I'm sorry,

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Great. Representing Mr. Gerald Talley.

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Okay. Mr. Heilman has just a few questions.

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Thank you.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Did you email all the exhibits and documents as required five days in advance to this hearing?

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I have.

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Thank you. Please proceed and share your screen.

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Thank you. I've just started sharing my screen.

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Mr. Chair, members of the board, this is a rather straightforward case.

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My client purchased 6323 Greenway Avenue and believing that it was a two-family dwelling, a legal permitted use.

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It was marketed as so.

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He reasonably relied on that.

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And as a result, he's now asking for relief so that he can operate it as the legal, you know, a compliant two-family dwelling.

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Here's some photos of the subject property in question.

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Interior and exterior.

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Front side and rear.

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As you can see in the photos, we've got two gas meters, two furnaces.

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two gas meters two furnaces subsequent photos will show two electric meters

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Subsequent photos will show two electric.

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so at some point this was converted uh and not by my client when he purchased it the appraisal

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company compared it to other multi-families on the block and in the immediate area

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here's the interior layout

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We have an entrance, we have a living room, and a kitchen.

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This is all open space.

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We have one bedroom in the front of the property with a deck and a rear patio.

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The second floor has, again, open living kitchen area, the bath and a bedroom at the front of the property.

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The basement is for utilities only.

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there's the zoning map showing that it abuts um industrial use there's additional

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property photos as you can see there's exterior lighting already in both the front and the rear

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some additional interior shots here's the two electric meters

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Here's the two separate entrances, interior.

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So the front of the property actually looks like a single-family home.

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There's some posting.

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We have submitted a deed to the property, property history,

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that shows that there was an application made quite some time ago, 1989,

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to install some doors in the basement.

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Mr. O'Donnell, who owned the property at the time,

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initially filled it out as a two-family dwelling.

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He did that because that's exactly what it was physically,

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only to find out later that he was unable to get the permit that he needed

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because it was zoned RSA 5.

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So he crossed out the two and put the single.

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And that's, I believe, evidence that this property, since at least 1989, has been a physical two-family dwelling.

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Here's the RCO notification letter that went out to all of these addresses, and we submit proof of mailing to 73 individual households, and we move into evidence.

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in addition, pages 40, 41, 42, 43, and 44 of my exhibit packet demonstrate that this property

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was marketed as, right here as you can see it, a duplex. And in fact, one listing even listed it

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as RM1. So my client reasonably relied on this marketing and this classification when he

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purchased the property. As a result, we were able to meet with the RCO and come up with

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an agreeable plan where they asked for proper trash storage, an electric meter for the exterior

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lighting and the installation of as much exterior lighting and cameras that we can have for safety

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purposes. For that reason, and because my client reasonably relied on the marketing, and because

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the physical infrastructure itself is a two-family dwelling, we respectfully request the granting of

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this variance. I ask Mr. Gerald Talley to raise his virtual hand. Mr. Talley has been

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allowed to speak. Hi, Mr. Talley, could you state your name, please, and spell it for

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the court stenographer? Yes, Gerald Talley, that's G-E-R-A-L-D, last name Talley, T-A-L-L-E-Y.

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Right.

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

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I do.

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Proceed, counsel.

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Thank you, Mr. Chair.

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Mr. Talley, did you hear my presentation to the board this afternoon?

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Yes, I did.

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Is it true and accurate to the best of your knowledge?

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Yes, it is.

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And do you adopt it as your own testimony?

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I do.

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I have nothing further, Mr. Chair.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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chair all right is your back thank you questions or comments from our attorney hillary amberson

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Questions or comments from our attorney, Hillary Amberson?

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Just a super quick one, Mr. Chair.

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Mr. Anastasio, just to clarify, Gerald Talley is part of the owning entity, Chucky Pearl Investments, LLC, for the property.

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Yes, that's correct.

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Thank you so much.

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Yep.

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Questions or comments from the virtual audience?

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i see no hands chair planning commission excuse me chair a hand just this hand going up it went

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went up back down it was craig meladosian okay sure is craig's there he's took his hand down

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now again okay right thank you wait wait i'm sorry i'm sorry no something's going wrong with him

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it's going up and down

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okay

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can we promote him because I'm sure

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he's going to put on the record the community

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support yeah that's his

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area

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he's been promoted

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okay hi could you state your name please

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and spell for the courts and I'm going to for a correct

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he should be coming in now

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all right

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can you hear me yes you can could you just state your name and spell for the court stenographer

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Great. Craig, C-R-A-I-G, last name Melidosian, M-E-L-I-D-O-S-I-A-N.

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

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I do, Chair Bergman.

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Please proceed.

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Thank you. I'm the coordinating RCO for this matter, working along with the Southwest Philadelphia Consortium of RCOs.

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We wholeheartedly support this for several reasons.

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One, Mr. Talley has been a pleasure to work with.

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His tenants appeared at the community meeting.

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They were supportive quite frequently.

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The tenants are not supportive of change.

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His were.

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The near neighbor was supportive.

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And he abuts a very difficult ICMX area that's been problematic for us.

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So when we have people who invest in this area, we support them and we need this type

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of multifamily dwelling accessibility in Southwest.

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thank you so for much so much for taking the time and calling and we appreciate it

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thank you is there anyone else in the virtual audience

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i see no hands chair planning commission

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thank you chair bergman sarah bond philadelphia city planning commission

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the comprehensive plan recommends no change the existing residential single family zoning however

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the proposed use is consistent with documented prior use of this property. The City Planning

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Commission recommends that the Zoning Board grant the variance. MI 2023-003-075-6323 Greenway

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Avenue. I vote yes. Proviso. Trash and recycling stored in basement. Thomas Holloman. My vote is yes

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with proviso

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James Snell

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my vote is yes with proviso

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thank you Mr. Chair

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okay

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so

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number 10

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MI

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2023

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003177

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1530

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North Lithgow Street. Alan Nockamson is the attorney.

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Letter of support from Old Kensington Neighborhood Association.

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A letter of non-opposition from Council Member Lozada.

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Alan Nockamson is coming back in as a panelist.

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Okay.

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Good afternoon again, Alan Nockamson.

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Mr. Nockamson, you've already been sworn.

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Could you identify your client in relationship to the property?

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Yes, my client is Glamour Accessories, Inc.,

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and in the virtual audience is one of its members, Julio Figueroa.

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Okay.

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Mr. Holliman, could you handle the questioning, please?

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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I do. Did you email all of the exhibits and documents as required five days in advance to this hearing?

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Did you email all of the exhibits and documents as required?

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Yes, we have. Thank you. Please proceed and share your screen.

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All right. So it's here to present 1530 North Lithgow Street.

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this is a pretty straightforward presentation as well we'll review the notice of refusal so this

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is an rsa5 property or these are rsa5 properties seven tiny lots that we're reconfiguring to five

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single family structures and lots where we're the only variance we're asking for is off-street

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parking where no parking is allowed on that side of the street or at all on that side or on that

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