civus
Hearing video

ZBA Hearing - January 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 25, 20234h 58m

Yes.

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This application is for use as a sit-down restaurant and a take-out restaurant on the first floor

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with two-family household living above.

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Refusals.

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Proposed use sit-down restaurant is prohibited in the CMX1 zoning district.

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The proposed use takeout restaurant is prohibited in the CMX1 zoning district.

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And the proposed use two-family household living is prohibited in the CMX1 zoning district, abutting the RS5 residential zoning district.

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Our vice chair has just a few questions.

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Así que en esta aplicación es para un restaurante de sentarse y también de comida de llevar y con un cuarto de familia arriba o dos cuartos de familia arriba.

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They don't prohibit that due to the CMX of Zone 1 and also the CMX 1 due to the R.S. 5 of the district.

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Good morning, have you emailed all the exhibits that were required to hear this case five days

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in advance of this hearing?

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Buenos, buenos días, usted ya envió por correo electrónico toda la documentación

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que se necesitaba cinco días de antemano antes de esta audiencia?

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Sí.

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Yes.

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All right.

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Please proceed and see your screen.

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Did you see it?

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We're fine.

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Si, estamos bien.

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Empieza.

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Start going through your documents.

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Así que empieza a repasar sus documentos.

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Okay, empieza aquí, Aplicación, Apelación, Proyecto de Información, Flyers para el RCO de la Comunidad, Título de Propiedad, Taxes al Día, Fotos, Cartas de Vecinos en Support, Pedidos por...

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A little slower, a little slower, go back, go back.

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And this is the application, the appeal, the project information, the RCO, the title, the tax, photos, and testimony from neighbors.

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Is there a letter from the RCO there?

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Y hay una carta del FCO ahí.

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No, no, not that we did it.

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No, we never received it.

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Okay, keep going.

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Can you ask her what she intends to do with the property?

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¿Y qué es lo que usted quiera hacer con la propiedad?

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¿Qué es lo que quiere hacer?

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¿Un restaurante?

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A restaurant.

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Para take out y sit down.

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For take out and sit down.

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Right.

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Con dos unidades arriba.

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With two units on top.

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Right.

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And there are the building plans.

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And this is the third time me coming to this.

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Okay.

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okay

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questions from the board

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no mr chair

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questions or comments from the virtual audience

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Thank you, Chair Bergman, members of the board, Ian Hegarty with the Philadelphia

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City Planning Commission.

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Board members, in 2018, the zoning map was amended from RM1 to CMX1 at this location.

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This was done in accord with recommendations from the comprehensive plan.

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The proposed restaurant uses are, we feel, consistent with the existing physical configuration of the property.

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However, the appellant has not shown evidence of unique physical circumstances or conditions to support the request for two dwelling units.

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Our recommendation to the board is that the board grant the variances for sit down and take out restaurant use, but deny the variance for two dwelling units.

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We don't have an RCO letter. Should we wait a week to see if we can get one?

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We we can. Yes, Mr. Chair, we can hold for a week to see if we can get a letter.

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So, so we don't have a copy of the RCO letter. We will hold the vote for one week. We will vote next Wednesday at 930. Right. And if there's no letter, then we'll take the appropriate action. Thank you.

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Si hemos recibido la carta y si no la hemos recibido, vamos a proceder apropiadamente.

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Thank you. Mr. Chair, I believe the applicant has a question.

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Y veo que el aplicante tiene una pregunta.

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Yes, it's not a question. We went to the RCO and Esperanza did not.

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No, no, no. We're not taking your testimony.

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Así que nosotros no vamos a tomar su testimonio. Ella lo tiene que hacer.

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La asociación registrada de la Comunidad Esperanza con la señora Cuexy Lozada fue a nuestra y no está seguro que pudieron mandar la carta de su por a tiempo. Pero sí estuvimos y sí lo aprobaron.

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So, in the community of Esperanza, Klesi Rosada is not sure if they sent in the letter of support on time, but they did approve it.

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Okay, so what we're going to do is we're going to wait one week to see what we hear, okay?

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If we don't get a letter, we'll take the appropriate action.

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Así que lo que vamos a hacer es que vamos a esperar una semana para ver si escuchamos de ello.

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Si todavía no hemos recibido una carta, tomaremos las acciones apropiadas.

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Thank you. Thank you. Number two. MI 2022 004-685-1240 Allegheny Avenue. Joseph Consul is the attorney. Letter of support from 12th and Cambria Advisory RCO.

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So, Chair, Mr. Consul is coming back in as a panelist now.

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Thank you.

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Good morning.

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Good morning.

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Could you state your name, please, and spell it for the court reporter?

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Yes, Joseph Consul.

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That's J-O-S-E-P-H, last name C-O-N-S-O-L-E.

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

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I do, sir.

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Could you identify your client in relationship to the property?

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Yes, my client is YGB LLC.

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It is an LLC owned solely by Ms. Brenda Jennings.

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Our vice chair has a few questions.

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Good morning, counsel.

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

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I do.

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Have you emailed all the required documents into our offices five days in advance to this hearing?

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yes sir thank you please proceed and share your screen all right is my my packing up it is okay

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hey everyone joe console 12 40 west allegheny avenue

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Hey everyone, Joe Consul, 1240 West Allegheny Avenue. It's on the corner of 13th and Allegheny.

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It's this property here, second from the right on the screen with these yellow shaded out windows

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here. We are here today because while this whole block is zoned RM1, we are seeking four units.

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This property has 1,424 square feet available. 1,440 square feet is what's required for that

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fourth dwelling unit so we're short uh 16 square feet which we are hopeful is a uh de minimis

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request that's um gonna be something the board is interested in granting uh my client uh bought the

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property in april of 2022 the property is in need of repair she had plans drawn up for a four unit

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and submitted which i'll get to in a second and uh this is the final step that we're requiring

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the approval here as mentioned earlier we went in front of the 12th and cambridge advisory board

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we got an approval uh from their vote nine support to opposition and the board and the rco approved it

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Here's our mailings. Here's some photos and plans.

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And I'll enlarge this to get to the layout in a second.

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Here's the layout. We've got two two-bedroom units and two one-bedroom units.

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Again, these are the plans that were submitted for the construction.

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and they're going to do rehab and improve the property as soon as we can get through this.

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And we have the other documents that were included and sent over, tax clearance certificate,

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the proof of ownership, and all that. We believe this is a diminished request,

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and we believe the board should grant it because the board has approved on this same side of this

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block five units at 12, and these are all properties that are the same size, which I can

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show you here. 1242, which is right next door, is five units. 1234 was approved for five units.

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1230 was approved for four units. 1228 was approved for five units. 1226 was approved for four units.

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1224 was approved for four units so we believe this is directly in line with what has been

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approved and what uh the board is is uh okay with seeing on this block any property that has not had

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those approvals appear to just have not tried and are sort of sitting waiting to be rehabbed

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similar to the one that we're presenting you with today um and with that i will call miss brenda

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Jennings to adopt my testimony.

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Ms. Jennings, please unmute yourself and raise your hand.

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Ms. Jennings, please unmute yourself and wait for the chair.

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Chair, I see, there she is, she just put her hand up.

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Ms. Jennings, please unmute yourself and wait for the chair.

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Good morning.

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Could you state your name, please, and spell for the court reporter?

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Hi, I'm Brenda Jennings, B-R-E-N-D-A-J-E-N-N-I-N-G-S.

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

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Yes.

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Proceed, counsel.

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Good morning, Ms. Jennings.

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Did you hear my testimony just now regarding 1240 Allegheny Avenue?

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I did.

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Do you agree with it, and do you adopt it as your own?

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Yes, I do.

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Okay.

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I have nothing further.

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Questions from the board?

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no miss no mr chairman

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questions from the virtual audience no mr chair

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i see no hands at this time chair by planning commission thank you chair bergman

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ian hegarty for the philadelphia city planning commission board members the conference plan

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recommends no change to the existing rm1 multi-family zoning on this block the proposed

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variance is minimal and does not conflict with the purpose and spirit of the zoning code city

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planning commission recommends that the board grant the variance thank you MI 2022 004-685-1240

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West Allegheny Avenue I vote yes Thomas Holloman my vote is yes Ishmael Shaheed my vote is yes

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Thank you. Thank you. Have a good day. All right. Thank you. Number four, MI 2022-004-795-705

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thank you thank you have a good day all right thank you number four

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work.

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South 2nd Street, Parcel A. Henry Clinton is the attorney. Letter of support from Queen Village

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Neighbors Association and letter of non-opposition from Council Member Squillett.

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Chair, Mr. Clinton is coming back now as a panelist.

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Good morning, Mr. Clinton. Could you state your name, please, and spell for the court reporter?

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He'll be back any shortly. He's here. Sure.

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Morning, Mr. Chairman, members of the board, Henry Clinton.

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Mr. Clinton, could you spell your name just for the record?

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Sure. Henry, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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

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I do.

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Could you identify your client and relationship to the property?

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Sure. I have two clients, Kirby Smith, S-M-I-T-H, and Suriana Norton, S-U-R-I-A-N-A, Norton, N-O-R-D-I-N.

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They're the homeowners, and both are on the call today.

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thank you our vice chair has just a few questions good morning council do you agree to waive the

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reading of the refusal and stipulate to exact receipt i do thank you have you emailed all

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the required documents into our offices five days in advance to this hearing i have thank

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you please proceed and share your screen thank you mr shee

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is that visible mr chairman it is we're up yep again good morning mr chairman members of the

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board i'm here on behalf of mr smith and miss norton concerning their property at 705 south

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2nd street this is a request for a de minimis dimensional variance and i'll go through the

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plans and explain what's happening. This is my table of contents containing exhibits AA through

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A11, which I ask you to admit it into the record. It is. This is the refusal. We have a de minimis

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dimensional variance of a little bit more than 5% for a very small addition, 12 feet by 5 feet

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in a breezeway between their two properties.

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By way of background, 705 and 707 Lombard Street were consolidated some years ago.

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And what we're asking is that the breezeway or alleyway in between the two properties,

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which are already connected, we're asking that the breezeway be connected

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so that the kitchen can be enlarged for Ms. Norton, who is wheelchair bound

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and need to have more areas to circulate

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within that kitchen area.

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Mr. Clinton, did you say Lombard Street?

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Yes.

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705 Second, I said Bainbridge, right?

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Oh, I thought you called 705 Lombard Street.

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My apologies.

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No, 705 South Second Street.

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Yes, you know what?

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You're right.

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Yes, yes.

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No, no.

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Okay, that's fine.

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Yes, here it is.

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705 South Second.

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I have another project with Lombard Street later.

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So that's fine.

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That's fine.

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So anyway, 705 and 707 South 2nd have already been combined as one property.

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And we're asking for a small addition in the breezeway between the two properties to now be included as being connected.

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We do have an RCO letter of support from Queen Village Neighbors Association.

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And these are the photographs.

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So 705 and 707 South 2nd Street, an aerial view to give the board some perspective.

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A closer shot of 705 and 707.

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This is the area that will be closed in so that the homes, which are already joined, can be further joined.

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