civus
Hearing video

ZBA Hearing - October 11, 2023

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

There's been no fights, no arguments, no gun violence, no shootings,

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no police coming out to the property for any related incident,

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no noise pollution, and that we really don't have an integrated system.

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We have an iPhone and a speaker.

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I believe that Mr. Zeka has done everything within his power to operate in a safe manner

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and to try and appease the concerns of the community.

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And with that, that's all I have.

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want to bring your client on please mr zekker are you on the line today

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he's been allowed to speak could you state your name please and spell for the court stenographer

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michael zekker m-i-c-h-a-e-l-z-a-k-e-r right do you swear a firm to tell the truth the whole truth

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nothing but the truth yes sir proceed counsel uh mrs edgar did you previously operate the cleopatra

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cafe at 42nd and chestnut yes and did you operate that cafe for 11 years yes and is that how you

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support your family yes and did you uh engage in operating the cleopatra uh cafe at 742 south

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Street in December of 2020 excuse me in October of 2021 yes ma'am and can you tell the board why

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you picked that location it's been recommended by the city of the health department of the city

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of Philadelphia they have a match and it's it's so limited with the location you can get a

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a tobacco permit, and the most one was available at South Street.

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And Mr. Zeka, is that why you chose that location?

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Yes.

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And Mr. Zeka, have you heard the presentation and my testimony today to the board?

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Yes, ma'am.

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yes ma'am or to testify would you adopt it as true yes that's all i have commissioner

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Or to testify, would you adopt it as true?

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questions from the board no mr

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yes chair um so there's there's not going to be no commercial kitchen at all you're only going

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to be cooking everything in the air for you uh mr um zaker indicated to me that they really only

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serve finger food hummus bubble tea and beverages and that they warm that finger food up in the

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air fryer that they don't have an oven or a hooded system okay all right questions or comments from

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our attorney hillary emerson yes mr sure thank you um miss three can you please send a complete

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copy of the lease that wasn't clear from the packet if you were representing the owner

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for the the tenant and we do need a complete copy of the the signed lease um since you are

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representing the tenant so we can forward that please thank you very much right over to you it

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was very very long and i'll send the additional pages to your attention all right thank you so

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much these are comments from the virtual audience yes mr chair i have a joseph good with their hand

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raised i've allowed them to speak at this time good morning could you state your name please

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and spell for the court stenographer hi can you hear me uh my name is joseph glenn last name is

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spelled uh first name is spelled j-o-s-e-p-h last name is spelled g-l-y-n one we're affirmed to tell

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the truth the whole truth and nothing but the truth yes i do proceed sir thank you for giving

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me the opportunity to speak um i just wanted to share my experiences um once cleopatra cafe moved

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in um it was i think the day after thanksgiving in 2021 when we heard an incredibly loud drilling

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in the backyard and i saw cleopatra cafe installing that vent that was back there now it is capped but

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for the past two years just about our backyard has smelled like um tobacco products like the

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hookah products. And it has made our backyard almost unusable because at night, if we're trying

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to sit out there, it's, you know, it smells terrible. And like recently, we just had our

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Jewish holiday of Sukkot, which, you know, we sit in a hut in our backyard and we were unable to

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enjoy the holiday because of the smell back there. This was raised at the initial neighborhood

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meeting more than a year ago and nothing was done between that time and now. And only at the last

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neighborhood meeting were we told or was claimed that they didn't even use that vent, which begs

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the question, why did they even bother to install it and then cap it afterwards if it was never

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being used? And it just, I think it just relies credibility given my experiences that it was not

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being used um and the question is also what were they using in the meantime to vent the air out of

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there if this new air system was just bought within the past week or two how were they venting

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the air out of there like i don't understand it but basically during that time you know we've had

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this terrible experience with our backyard and even when we open our back door the air

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like in our house starts smelling like that like hookah smoke uh it's not smoke itself i just want

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to be clear i'm not saying that they put smoke back there but it's this like smell of the product

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itself which is emanating from that area um and you know this has been an ongoing issue for us

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and a very difficult one uh for us and our family and just speaking to the character of the

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neighborhood too you know that store that's at the corner which i was shown in the picture

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is an unlicensed place selling paraphernalia drug paraphernalia it's not supposed to be there they

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They're now a municipal court for that.

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And now we have this other place, which opened up without the proper zoning.

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And so we've been fighting this battle to change the character of our neighborhood, to make it a place that's better for our kids and doesn't have drug paraphernalia use at the corners and on the street itself.

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So this is just the situation that we found ourselves in, where we are trying to, one, make our backyard a livable space.

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and to, you know, make our neighborhood nicer.

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Thank you for taking the time.

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Ms. Treat, do you have any questions?

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Yes, I do.

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Mr. Glenn, you and I spoke at the meeting of October 9th, 2023.

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Is that correct?

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We did.

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And you specifically told me you did not smell smoke in your backyard.

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Is that correct?

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No, that's not correct.

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Well, it's not smoke.

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It is the smell of the tobacco product.

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So I'm not sure if you're trying to suggest I'm not smelling stuff back there, but I never said it was smelled.

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You indicated to me that you smelled flavor. Is that correct?

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You indicated to me that you smelled flavor. Is that correct?

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Yeah, it is flavoring. It's like a flavoring type smell. Yes.

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Yeah, it is flavoring.

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Glenn, is there a tobacco store on the corner, which would be right in that corner store sells flavored tobacco? Is that correct?

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Yes, but they were in existence before Cleopatra Cafe and we never had any smell issues before Cleopatra Cafe moved in.

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And Mr. Glenn, how long where do you live at specifically? 607 South 8th Street.

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And how long have you been living there? I've been living there since 2011.

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That's all I have to say. Thank you, Mr. Glenn, for taking the time to call us.

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Thank you. Is there anyone else in the virtual audience?

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i see no further hands mr chair uh in uh planning commission

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uh good morning good morning this is ron oh ron do you swear a firm to tell the truth the whole

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truth nothing but the truth i do ron do you want to wait till um yeah we have information from the

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council and squall's office and the neighbors or two rcos yeah we'll hold on this until the next

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okay thank you mr mr chair then what because i had not um put this in as a resumption so this

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is gonna have to be a resumption hearing then as opposed to that we were just holding the vote

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yeah for 60 days yep so now now this will be a resumption hearing okay but we'll still go for 60

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days yes we'll still we'll still use the the date that um i put in for the vote okay all right so

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the vote in this matter is held until wednesday december 13th at 9 30 a.m the record is closed

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except for letters from council the applicant council member squill's office and two rcos

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and the planning commission um the letters will have to be in by tuesday december 12th at noon

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Thank you.

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Mr. Chairman, if I may, I really would like an opportunity.

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I haven't seen the letters also, and I would like the opportunity to also submit a writing in that I was not able to see the letter.

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I think I said that.

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The record is closed except for letters from council, council member school, et cetera.

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Okay?

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I apologize.

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Thank you.

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You don't have to apologize.

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Thank you.

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All right.

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Okay. Okay. Number five. There'll be three cases we'll be hearing together. MI 2023-001-605-3914-Wylusing.

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And number nine, MI-2023-001-604-3975-Wyalucine.

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And number 18, MI-2023-001-603-3933-Wyalucine.

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We have...

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Okay, we have a letter of opposition from Councilmember Gauthier.

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I don't see an RCO letter as of yet.

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Yes, Mr. Chair, we do not have a letter from the coordinating RCO, but we received a letter from the affected RCO that was in opposition.

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All right, good.

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All three projects.

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Vern Anastasia was the attorney.

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good morning mr chair morning and you've already been sworn once just for the record state your

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name please sure verne anastasio representing thais serrano the owner of the three properties

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in question i'm going to present one binder because hold it just wait one minute our vice

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chair has just a few questions that's all okay good morning counsel do you agree to

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the reading of the refusal and stipulate to its accuracy good morning i do have you emailed in all

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the required documents and exhibits that is needed and required to proceed with this case

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five days in advance of this hearing i have thank you verne please proceed thank you

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members of the board we're looking at 3900 block of wailusing today uh three properties and we are

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presenting the same product, which is new construction, duplexes, both of ample size.

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And this is the block that we're dealing with here. As you can see, it's boxed off.

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As you can see, it's boxed off. This is the 3,900 block of Wyalusing. Everything in red

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This is the 3900 block of Wyalusing.

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is vacant land. And everything that's marked orange is either vacant, boarded up,

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or being squatted. It's certainly not fit for human habitation. So as you can see, 80 parcels

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for uh homes on the 3900 block of waialusing 39 37 are occupied which is 46 54 of the lots

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or properties on the block are are absolutely vacant on what we are proposing again are just

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three duplexes and we have

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let me show you the

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refusal each property

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is zoned for residential single family development

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two of the properties are being refused primarily

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for the use the two family dwelling

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and the rear yard depth one of the properties

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happens to be sandwiched between two-story buildings, which is why the third refusal

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for this particular property is the third floor setback. But for all intents and purposes,

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it's the same duplex that we're proposing. As you can see, all three will be brick facade,

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storage area in the front also an ample five-foot yard in the rear

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here are some photos of the block as it currently exists

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here's a rear rendering of the property as well

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staying within all height limitations

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here's proof of posting of this particular property i've already sent under separate cover

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uh proof of posting of the other two in question here's the rco letter uh notification that was

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mailed three page letter and there were mailings for each of the three properties

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here's a proof of posting on this one 320 individual households uh or at least addresses

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were mailed and let's walk you through

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the floor plan we have a lower level living space uh here

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it's a living room and then uh here's a space that we're calling office or flex space as you know

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many people are working from home now so instead of using a kitchen table or a dining room table

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we are offering space that has no door no closet so it can never be used as a living room i mean

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as a bedroom uh but it will be right off the living room with flex office space um the first

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floor will have a open concept kitchen with a bedroom second floor is unit b which is a living

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space with open concept kitchen and some flex office space again same thing with units uh

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floor three which are two bedrooms and then there'll be a roof deck attached at the top

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give me one second

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we do think uh you know given the current condition of the block itself and even the

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surrounding blocks uh density is something that that's needed uh there is an increased housing

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choice for affordability. My client currently purchased and built two single-family homes on

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this block, completely code compliant. They're empty. They can't be sold. They can't be leased.

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They're just too big to make any sense for anybody in the community.

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um this actually helps improve security by adding some eyes on the street and of course

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it expands uh some uh choices for folks who otherwise don't have any options uh on this block

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Under the cases of Marshall and Metal Green, the court has ruled more than once that if a property, if a lot or a property is so obtuse that it has literally no value in its code compliant form, then hardship is met.

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under the

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I'm going to have expert testimony today from literally the king of brewery town when it comes to real estate sales.

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No one has sold and marketed and leased more property than my next, you know, my witness who will testify that to build more single family homes,

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new construction on this block will lay the property to waste and that it'll be completely impossible to sell, market or lease.

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that having two more approachable units at more approachable price points

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will ensure that they're, in fact, occupied by families who need them.

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And with that, I'd like to call my client, Thais Serrano, to adopt my testimony.

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Chair, could you state your name, please, and spell for the court's demographer?

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Wait a minute, Mr. Chair.

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Taish Serrano, please raise your virtual hand

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and wait to be sworn in.

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They've been allowed to speak.

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Your name, please, and spell for the stenographer.

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Can you guys hear me?

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I can.

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Okay.

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My name is Taish Serrano.

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It's spelled T-H-A-I-S-S-E-R-R-A-N-O.

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Right.

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Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth?

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i do proceed counsel thank you mr chair miss serrano did you hear my presentation to the

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board this morning i did is it true and accurate to the best of your knowledge

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yes and do you adopt it as your own testimony yes thank you i may call upon you again

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mr chair i'd like go ahead i have several witnesses mr chair okay um sorry about that

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No, no, that's fine.

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I'll be quick.

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No, you always are.

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Mr. Chair, I'd like to call as our expert, Mr. Scott Frith.

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