civus
Hearing video

ZBA Hearing - April 14, 2021

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

permit I think is the most important is the one from 1946. Again, back then there was

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actually body and fender work being done, but Joe does not do that. Back when they had the

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index cards, you could say 719 to 46, auto repair, 53, 55, 56, and then 58.

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So again, we have all the permits attached to the file.

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And

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Zoning map

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It's zoned RSA 5

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However it's adjacent to a CMX 2

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And another aerial photograph

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Showing the property

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With regard to the RCO

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I received their letter late last night

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From Shantae

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At the 42nd Ward

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The committee voted five, nothing in support. They also did provide a letter of explanation. But in summary, without hesitation, we support this business. This is a letter of support. And they discuss that it's been there since 1946. And they were well aware of it.

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Just as quick background, Joe, unfortunately, his father fell ill, and Joe let his auto repair license lapse.

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And because of that, when he went to refile, he had to apply for a new license, and that was denied because he didn't have zoning.

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So that's the whole reason why we're here.

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Joe Herbert, you've heard my – I'm sorry, Joe, can we have Joe sworn?

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Sure. Joe, are you there?

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Yes, I'm here.

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Okay, your name, please, and spell your last name.

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H-E-R-V-E-R-T.

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Okay, 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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Okay, your attorney is going to speak to you.

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All right, Joe, you've heard my representations to the board?

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Yes, I did.

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Yes, I did.

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Are they true and correct to the best of your knowledge, information, and belief?

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Are they true and correct, to the best of your knowledge, information, and belief?

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Yes, they are.

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Yes, they are.

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And to adopt them as your own testimony?

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Yes.

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Very good. Madam Chair, that's all we have.

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Thank you. Does the Board have any questions?

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No.

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Is there anyone in the virtual audience with questions?

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Madam Vice Chair, we have Hillary Emerson.

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

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Hi, Ms. Emerson.

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Good morning. Good morning, Madam Chair, members of the board.

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Hillary Emerson on behalf of Councilwoman Sherelle Parker.

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Thank you. 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, you may proceed.

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The Councilwoman has no objection to the granting of the variance in this case.

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As counsel for the applicant has noted, there is a long historical use for personal auto repair at this property.

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and the community had no opposition to the use being continued thank you okay great calendar

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planning commission thank you madam chair ian hegarty for the city planning commission

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comprehensive plan recommends no change to the single family zoning at this location however

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as noted the proposed zone the proposed use is consisted with the long-standing documented

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use on the property we would just ask uh the board to consider a proviso no um body work and

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no painting on site i don't think the applicant intends to use it for that but we would just

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not want to allow that in residence district so the city planning commission ultimately

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recommends that the board grant the variance thank you sharon madam chair i would i would

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just point out that uh you know auto body and painting is not part of the application

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and therefore it would not be part of the permit okay sharon saletta

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um i agree with mr ward that it is not part of the application if you would like to add the

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proviso i don't think it will affect anything thank you okay calendar number 3263 5215 north

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second street my vote is yes my vote is yes my vote is yes madam chair members of the board

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thank you very much that concludes my business may i be excused sure that concludes the 9 30

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hearing

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okay

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so see everybody back at two o'clock

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yep

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sounds good

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sounds good

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we're ready to go live

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recording has begun

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thank you

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and we'll give everybody a few minutes

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no chair we're ready ready I'm sorry I wasn't here this morning who's the administrator

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I am Frank it's Yvette Benton okay very good thank you good afternoon everyone my name is

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Frank DiCicco I'm the chair of the zoning board of adjustment I'll be participating today in

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today's hearing along with our vice chair Ms. Carol Tenere board secretary confessor plaza

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and Board Member Mr. Thomas Holloman. Board Administrator Yvonne Benton and our Board Attorney

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Ms. Sharon Saleta are also in attendance. For those of you who haven't yet participated in one

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of our virtual hearings, I'll go through some of the basics of what you can expect. First,

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we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded and that the recording will be

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available to the public on the web or otherwise. Third, for anyone participating by phone,

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if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute

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yourself. I'll repeat. For anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star nine and then star six to unmute yourself. Finally, to enter an appearance

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statement, call Google 267-270-5548 and leave your email address and the address of the property

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at issue. I will repeat that as well. To enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue. And I would also like to

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and the address of the property at issue.

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And I would also like to remind everyone,

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remind everyone.

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please do not attempt to testify in the chat.

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Any comments should be directed

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to our board administrator, Ms. Yvette Benton.

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With that, I will read off the one continuance request

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that we have on the two o'clock list.

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number nine mi 2021 that's 000558 5608 north 12th street does anyone object to that case being

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continued please raise your hand only for that case if you object to that case being continued

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please raise your hand. There are no hands at this time chair. Thank you and now ask if anyone

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would like to request a continuance or withdrawal at this time to please raise your hand.

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If you're requesting a continuance or withdrawal for the two o'clock list please raise your hand.

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Chair, we have a Joseph Consul. Mr. Consul, you can unmute yourself and speak now.

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Hey, everyone. Joe Consul here.

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Joe, Mr. Consul, please identify yourself, spell your first and last name, and I'll swear you in.

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Joseph Consul, last name C-O-N-S-O-L-E.

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We're in the firm to tell the truth, the whole truth and nothing but the truth.

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I do.

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Please proceed.

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I'm here on MI 2021-000551. The address is 1618 North 54th Street. We had an RCO meeting.

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They want to have further discussions. They sent a letter to us and directly to the board.

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The council person wants to get involved in the discussions as well, and so we are amenable to them asking us to seek a continuance.

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Thank you very much.

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MI 2021-000551-1618 North 54th Street is continued.

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Any other requests for continuances or withdrawals for the 2 o'clock list?

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there are no hands at this time chair you uh with that uh we have a vote on the add-on list correct

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um why don't i have that's correct i don't have the numbers carol do you have it we don't have

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the calendar number we just have the address um i'm sorry i thought i thought the calendar

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at the start of the two o'clock list say delay list calendar oh no i did not include it um i'm

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sorry why don't you hold that for one case i do have the calendar number okay so with that we can

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then go to um number one on our list mi 2021 that's 000 553 1511 north 16th street

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oh is that is that the right one yeah that's the right one yes the attorney's alan knockamson

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chair i just promoted clementa amazon

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hi clementa can you put your name and address on the record and spell your last name

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Well, yes, good afternoon, Chairman and Madam Vice Chair. Clementa Amazon, C-L-E-M-E-N-T-A, last name A-M-A-Z-A-N. Address is 123 South Broad Street, Suite 1600, 19109.

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

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yes have you emailed the exhibit packet with proof of ownership tax compliance

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refusal referral photos and or plans of the property five days in advance of this hearing

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and have you met with the rco and do you have a letter yes all of the above

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okay you may proceed thank you i'll just share my screen great

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can everyone see my screen yes perfect so good afternoon today i'll be presenting 1511 north

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Yes. Perfect. So good afternoon. Today I'll be presenting 1511 North 16th Street.

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And in my packet of materials, I've included the deed, Certificate of Tax Clearance, the refusal,

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application for appeal, maps of the area, photographs of the property, as well as our

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plans and drawings. We did meet with the community and I'm happy to say that we do have a letter of

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support from Beach Community Services Incorporated. So here I have the deed indicating that my client

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does in fact own the property as well as the tax information. So the notice of refusal, the only

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refusal that we have here is because we are not providing parking and that is because we are dealing

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with a historic property here and it would not be feasible to actually include parking for this

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particular project. We have gone through the process and it has been approved by the Historic

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Commission, and I have the application for appeal, our project information form,

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a map. This property is zoned as RM1. What we're looking to do here is add an addition to the

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carriage house, and there will be a total of four units within the carriage house.

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So here we have the front of the property and a view of the rear of the property. This is the

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carriage house currently, and we're just looking to add an addition to that carriage house.

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And here we have an aerial view. This is the front of the property and this is the carriage house that you saw previously.

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Here we have a view to the right of the property from North 16th Street, a view to the left of the property from North 16th Street,

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view to the right from North Sinham, view to the left from North Sinham, and our plans and drawings.

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So here we have a few views of the front of the property, the side, as well as a view of the front from the rear.

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and the carriage house. So as I mentioned prior, there will be four units within the carriage

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house. So here we have the first floor and the second floor. There's no basement living for this

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project. And again, it hasn't approved by the historic commission. Here we have another view

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of the carriage house. As I mentioned, it is four units, no basement living. So you have the unit one

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and unit three here, and then unit two and unit four here. So this is actually the addition to

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the property that we're looking for and we did meet with the community happily they did provide

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support for this project and we agreed to all provisals despite the fact they are not zoning

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related here's another view again a letter of support from the rco the notice that we sent

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out to the community regarding that march 18th community meeting a list of the properties that

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notified, and our certificate of mailing. So with that, if I could have my client Stephen Stafford

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adopt my testimony. Mr. Stafford, you can unmute yourself and speak now. Hi there. Hi. Can you put

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your name on the record, please, and spell your last name? Yes, my name is Stephen Stafford,

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and my last name is spelled s-t-a-f-f-o-r-d do you swear for him to tell the whole truth and

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nothing but the truth yes i do okay you may proceed thank you steven did you hear my testimony

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to that i did was it accurate it was and would you adopt it as your own testimony i would

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

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Any questions from the board?

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Yes, Mr. Chairman.

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The trash plan.

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What is the trash plan for this?

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So the trash is going to be in close.

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It's going to be in the rear of the property.

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I'll actually show you from the plans.

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So it will be along the carousel in the rear.

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Thank you.

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Of course.

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Thank you.

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Any other questions?

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No.

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No.

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Anyone else like to testify in this case? If so, please raise your hand.

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There are no hands at this time, Chair. Thank you.

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I'm sorry, Chair. I have a question. In the exhibit packet that was submitted,

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there was an entry saying we met with Beach Community Services on March 18th.

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We will provide correspondence memorializing the result of that meeting.

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um i'm sorry if i missed it miss amazon but did you provide that yes i did i'll just share my

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screen again so you can take a look we did get a lot of support from them thank you this is the

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second time this week i've asked you to resend something it's perfectly fine i'll just take it

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that you like talking to me thank you so that letter is right here got it thank you and i agree

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none of those provisos are enforceable, but we have agreed to all of them. Thank you.

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are enforceable but we have agreed to all of them thank you planning commission uh city planning

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ron bednar well i wasn't here this morning are you just coming on for the first time

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yes yes okay do you swear and affirm to tell the truth the whole truth nothing but the truth

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i do thank you please proceed uh this property is currently indicated for residential use on

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the city plan given its documented history we recommend the request of variance be granted

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thank you mi 2021-000553 1511 north 16th street my vote is yes my vote is yes my vote is yes

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my vote is yes thank you uh carol we're going to go back to the add-on the the code yes

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calendar number is 38007 2537 east dakota street

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