civus
Hearing video

ZBA Hearing - April 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 14, 20214h 16m

Roman, you can unmute yourself and speak now.

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Good morning, everyone.

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

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My last name is spelled as G as George, U Umbrella, Z as Zebra, H as Carrie,

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V is a victor, A is an apple.

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Okay.

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

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I do.

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Okay.

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Go ahead, Sarah.

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Thank you, Madam Chair.

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Mr. Guzva, you are the principal of 2406 North 2nd Street, LLC.

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Is that correct?

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That is correct.

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And that LLC owns the property at 2406 North 2nd Street?

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That is correct.

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have you heard my statements today yes i have um are they true and correct yes they are would

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you adopt them as your own if you were given the opportunity to testify today yes i would

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um thank you uh with that i'd be happy to answer any questions that the board may have

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does the board have any questions no no are there any people in the virtual audience that

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have questions. If you do, please raise your hand. Madam Vice Chair, we have a Logan Dry

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who has his hand up. Mr. Dry, you can unmute yourself and speak now. Just the architect.

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I don't need to comment. Okay, Logan. Okay, right. Got you. So with this case, we're going

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to wait for the letter from norris square community alliance um miss saletta do i

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close do i close this leave it open i think you got a planning commission

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i didn't forget planning i never forget planning commission

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can i ask miss alder for when was the meeting held it was on march 10th okay um given the length of

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time since the meeting i would recommend that the board close the record except for the rco letter

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that it be voted two weeks from today if we have not received a letter from the rco by then they

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will have waived their right to weigh to weigh in on this would that work for you miss aldifer uh

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Yes, that would work well for us.

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And can you tell me, did they, do you have any indication of how, whether they supported or opposed it?

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The general tenor of the meeting was that they were positive about the project.

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They liked the fact that we're coming in at a by right height, and they liked that we were providing for smaller units rather than larger units to keep the, to allow the current residents to be able to run out those units.

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however they did not state any position and we were not provided with a vote tally of how they

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were voted. Would you and or Mr. Folks be willing to contact the RCO to let them know that this will

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be voted in two weeks? Yes I'd be happy to do so. Okay thank you. Okay calendar number three

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planning commission.

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Thank you, Madam Chair. Ian Hegarty for the City Planning Commission.

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Thank you, Madam Chair.

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Ian Haggerty for the city planning commission.

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It's a comprehensive plan.

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The comprehensive plan recommends a zoning map change to CMX2 at this location.

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We're currently working with City Council to amend the zoning map in the area, but the bill hasn't been finalized.

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And so the proposed zoning would allow for four dwelling units as a matter of rights.

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But we would argue that even where the lot is zoned entirely, the variance doesn't represent

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in this case.

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So we would recommend that the Board grant the variance, but with the maximum of four

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dwelling units.

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Okay.

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Calendar number 3245-2406 North 2nd Street.

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With this case, the record will be closed and voted in two weeks, hopefully with a letter from the Norris Square Community Alliance.

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And excuse me, just to clarify that the record will be closed, saved for submission of the RCO letter if it is submitted, and that will be read into the record.

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Okay, thank you, Ms. Saleta.

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Thank you, everyone.

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Thank you.

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Calendar number 3226-5103 Rochelle Avenue.

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madam vice chair we have a do you know who the attorney is because there are two hands up

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no all i have is the name was shoss limited i'm sorry you can promote corin weiss he's an attorney

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okay promote corin oh okay so corin's the attorney okay he's coming back in as a panelist

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good morning mr wise can you put your name and address on the record and spell your last name

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yes ma'am corn wise wise 100 north 18th street suite 300 throwing off your pa 19103 thank you

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lbf applicant wash house uh thank you do you swear for him to tell the whole truth and nothing but

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the truth? Yes, ma'am, I do. Do you also agree to waive the reading of the refusal and stipulate

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to its accuracy? Yes, I do. Do you email the exhibit packet with proof of ownership, tax

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compliance, refusal, referral, photos, and plans of the property five days in advance of this

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hearing, and have you met with the RCO, and do you have a letter? Yes, we have the vote. You'll

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see in my exhibits, we didn't get a copy of the letter. We do have a copy of their tally of the

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votes in summary so they might not have done a letter or they might not have sent us a copy but

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yes yes yes and yes okay you may proceed thank you and i should mention that on the call should be

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my client and principal of the owner and andrew menu and i would like to share my screen

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which will take me one second to open my documents first.

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okay can you see my exhibits yes we can okay so this is 5103 rochelle avenue

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the applicant has owned this property since 1995 this application is both a refusal and

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a referral. There is no proposal for any work to be done. This is simply a designation or

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legalization for what is existing and has been for many years. The owners use the front portion

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of the first floor for storage. They just want to bring their office into the property and

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designate it as office space on the first floor. The refusal, actually let me show you the refusal.

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Here's the refusal where the proposed use, business, and professional office requires a special exception as opposed to a refusal.

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And the four dwelling units is a refusal due to the square footage of the lot required under the code 2399, proposed is 1587.

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And let me just go to, this is a tax clearance.

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This is the tax clearance. This is the drawing. This is the first floor here, or I should say

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This is the.

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the plot plan. We're on Rochelle Avenue with Melissa Hicken. Here's a photo of the facade,

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a three-story structure. And the first floor is proposed office space. This is the space we're

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seeking, which is the refusal or the referral addresses. So this is the space that the owners

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have actually used for storage for many years, just would like to use it as office space and

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have it designated properly. This is the vote. I guess it looks pretty small on my screen.

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This is an email from WISIC and interested citizens. If I can figure out how to...

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Oh, that's working. Now it's blurry. Let's see if it corrects. There we go. Okay. So you see

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let me make that a little bigger

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let's see if that gets us where we need to go

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so this is an email from Nicole Healy

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president at Wissahickon.us

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from Wicca

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Wissahickon Interested Citizens Association

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which the vote was done by email

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so she forwarded the email tally

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where she asked do you support the use of the first floor

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as a business and professional office

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and had 19 in support

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and two in opposition with one abstention and the second question do you support the variance for

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the four residential dwelling units uh one more than three allowed by right support of 20 to an

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opposition so overwhelming support um and like i said uh neither i nor the applicant received a

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letter other than this email so i'm not sure if a formal letter was forwarded to the board

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But here's some photos once this clears up for you.

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Here's the facade of the property.

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Here's the entrances for the second floor units, front and rear.

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Here's the entrances in the rear of the property for the first floor

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rear property and the third floor unit.

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This is the door for the commercial space.

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This is the current, let me do this a little bit more, the current existing condition where they're storing assorted whatever's there, desk, and some tools here, but this will be an office with desk space.

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I also wanted to show you the notice that was posted in the window on the property in advance of our meeting here today.

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This is the deed that was not in the exhibits I've shown you, but they did, they, this is from 1995, I believe. Oh, I'm sorry, 2011.

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And these are photos of the units upstairs, which are occupied.

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Does the board have any questions?

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No.

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No.

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Is there anyone in the audience with questions?

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If you have one, please raise your hand.

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Madam Vice Chair, we have someone by the name of Nicole Healy.

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Ms. Healy, you can unmute yourself and speak now.

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Hello, my name is Nicole Healy, N-I-C-O-L-E-H-E-A-L-Y.

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Okay, do you swear if I'm to tell the whole truth and nothing but the truth?

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Yes.

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Thank you. You may proceed.

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I am president of the RCO. I just wanted to state that we did send a position letter and meeting summary and that the RCO is in support of the application.

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Thank you. Planning Commission.

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Thank you, Madam Chair. Ian Hegarty for the City Planning Commission.

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In 2016, the zoning map was amended from CMX 1 to CMX 2 at this location in accord with

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recommendations from the comprehensive plan with the support of the community.

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Given that there's no change to the existing dwelling unit count, and we're actually not

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sure about the referral for office use as that is a permitted use in CMX2. The City Planning

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Commission recommends that the Board grants the variance. Thank you. Calendar number 3226-5103.

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Calendar number 3226-5103 Rochelle Avenue, my vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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Good luck.

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Thank you members.

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Calendar number 3263-5215 North 2nd Street, the attorney is Sean Ward.

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Mr. Ward, if you're here, please raise your hand.

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Madam Chair, he was just promoted to panelists.

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Oh, okay, great.

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Mr. Ward, can you hear me?

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Oh, there you are.

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Okay.

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Hang on one second.

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Let me, I need to get to my speaker.

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Can you, can you, Joe, just hold on.

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Okay, very good.

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Madam Chair, good morning.

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Sean Ward on behalf of the applicant, Joe Herbert.

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My address is 331 East Street Road, Trevos, PA 19053.

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And I have Mr. Herbert on speakerphone, as he could not log in on the Zoom conference.

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Okay, great. Do you swear for him to tell the whole truth and nothing but the truth?

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Yes, I do.

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

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I will stipulate to the refusals. There's a note to the ZBA in the refusal, which is inaccurate,

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it but i'll i'll point that out when we get to the refusal but it's it's it's inconsequential

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to the application okay have you emailed the exhibit packet with proof of ownership tax

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compliance refusal or referral photos under plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter yes to all the above okay great

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Excuse me, if I might interrupt for a minute. Mr. Ward, if it's the awaiting letter that you're referring to, I did advise the board during executive session that that letter was received after the summaries went out. Thank you.

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Thank you. That's correct. And I do have a copy to screen share with the board so they can actually view the letter. It's in support, so it's good.

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great okay madam chair i'm uh sharing my screen now i trust everybody can see it

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uh yes we can this is this this is the subject property 5215 north second street

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uh i've submitted my exhibit packet um

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which includes uh the notice of refusal it's an application for a permit for personal

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vehicle repair and maintenance in an existing structure. Vehicle repair is not permitted in

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the district and therefore we seek a use variance. A2 is the ZBA application of appeal. A3 is the

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project information form. A4 proof of ownership. A5 tax clearance. A6 or photographs. A7 the RCO

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meaning notice with the certificate of mailing. Not in the packet but I do have copies of the

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RCO letter. I do not have a copy of a letter from the Councilwoman, but I believe Hillary Emerson

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is on the conference today, who will indicate that the Councilwoman supports the application.

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A-10 is the relevant zoning history. I would point out that this has been an auto repair facility.

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It was built for and used as an auto repair facility since on or before 1946.

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A-11 is the zoning map, and A-12 are the area of photographs.

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So here we have the notice of refusal.

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I had a discussion with Chelle DeHal, that's D-A-H-A-L, Chelle, C-H-E-L-I, the examiner.

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She put a note to the board that there was ZBA granted a variance for an eat-in-only restaurant with background music.

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He has ZBA granted a variance for an eat in only restaurant with background music, yada, yada, yada. And that has nothing to do with this application. It does not appear in the zoning history. And I can't figure out where she found that. But she said she would look into it, but she never got back to me. So, so I would just, I would just point that out that this, this is the only inaccuracy in the reviews.

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So then we have my transmittal letter to Tanya Sunkett with the appeal, the application of appeal, the project information form, proof of ownership.

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The property is owned by Joe's parents.

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They originally purchased the property in 1971.

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I believe Joe's father bought it and then he conveyed it to he and his wife as tenants in the entirety in 1973.

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The electronic deed search only goes back to 1974, so I was unable to print a copy of the actual deed.

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So I'm using the OPA, the OPA report in lieu.

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So with regard to tax clearance, Joe mailed a check for the 2021 taxes on March 26th.

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He checked his bank yesterday and this morning, and that check is still not cleared.

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But, you know, I think we all understand that the city pushing everybody for electronic payments.

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The slow processing of actual physical checks is an obvious result.

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so again here is the uh the actual structure it's a one-story structure

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built as an auto repair garage in 1946. the interior you can see it's a typical

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typical auto repair garage it's got two service bays you know one on the left one on the right

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here's an aerial photograph as you can see here is the structure right here and he's

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got the lot next door that uses for the storage of the repair vehicles.

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This was the notice of the meeting, the addresses to which it was sent, the

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certificate of mailing, 88 pieces went out on March 26th. As far as the zoning

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history, you'll see auto repair 1955. Again, auto repair 1953. And then there is the one

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