civus
Hearing video

ZBA Hearing - April 14, 2021

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

Mr. O'Neill, you can unmute yourself and speak now.

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Good afternoon, board.

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Good afternoon, Mr. O'Neill. Please identify yourself. Spell your last name.

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John O'Neill, last name O-N-E-I-L-L. I am the Chief of Staff and In-House Counsel for IBEW Local 98.

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

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I do.

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Thank you, Mr. Clinton.

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Good afternoon, Mr. O'Neill. You heard my testimony as well as that of Mr. Dunbar and Mr. D'Astazio.

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I did.

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and if you had the opportunity to testify would you adopt their testimony as well as mine

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as your own and that you find it true and correct i would thank you mr emil nothing further uh with

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that mr chairman i rest and entertain any questions anyone may have and also justin

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navarro is on the phone from spring garden city we'll get to him thank you any questions from the

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board for these witnesses no no anyone else would like to testify in this case please raise your

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hand chair we have justino navarro good afternoon mr navarro please identify yourself spell your

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first and last name i'll swear you in good afternoon mr chairman and members of the board

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Justino Navarro, J-U-S-T-I-N-O, N-A-V-A-R-R-O.

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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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Thank you, Mr. Clinton.

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I'm sorry, I'm sorry.

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I'm sorry, proceed with your testimony.

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Thank you, Mr. Chairman.

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I just want to reiterate and support all of the testimony that Attorney Clinton and colleagues, in fact, have stated today.

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we met the spring garden civic association met on numerous occasions with the applicant

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the attorney clinton and the sign designers and they were very accommodating

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with the needs of the spring garden historic district and the request of neighbors and the

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zoning committee so we want to commend them for that and we are definitely not opposed to the sign

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I would encourage the board to approve the application as it is being presented today by Attorney Clinton and colleagues.

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Thank you.

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Any questions?

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Anyone else would like to testify in this case?

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There are no heads at this time, Chair.

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Mr. Clinton, there's three pages of revision?

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Yes, Mr. Chairman.

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Okay, thank you. Planning Commission. Ron Bednar, City Planning. Comprehensive plan recommends no changes to the existing commercial mixed-use zoning at this location. The applicant has not demonstrated a necessary hardship regarding the requirements of the code.

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there's no unique physical conditions to this site that was not created by the applicants

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themselves the variance being sought greatly exceeds that which is legally permitted and

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an animated illuminated sign at this location would negatively impact the adjacent residential

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uses. Furthermore, it's located within, along a urban arterial street within 100 feet of a

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signalized intersection, which would create unsafe conditions to drivers and pedestrians.

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Accordingly, we recommend that the request of variance does not be granted.

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Thank you. MI 2020-001-849-1719 Spring Garden Street. My vote is yes with the proviso revised plan. Three pages approved today.

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My vote is yes with proviso.

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Yes with proviso.

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Is Tom here?

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we have the three three votes okay calendar number one five two eight

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1806 west ontario street thank you the attorney is oleg sokolov

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chair mr sokolov is being promoted to a panelist now

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Chair, Mr. Sokoloff is being promoted to a panelist now.

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Mr. Sokoloff, can you put your name and address on the record and spell your last name, please?

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Yes, Madam Vice Chair.

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Oleg Sokoloff, O-L-E-G-S-O-K-O-L-O-V, 1700 Market Street, Suite 1005, Philadelphia, Pennsylvania, 19103.

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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 waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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I would just like to mention that this is a proviso plan change as well.

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Okay.

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Have you emailed an exhibit packet with the required documents, including proof of ownership,

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tax compliance, refusal, referral, photos, and or plans of the property five days in

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advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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yes so i'm out of western okay you may proceed thank you very much uh mr chairman members of

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the board thank you for your time on this if i may i'd like to take you through my exhibit packet

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if i could ask to share screen please sounds good

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can everybody say that yes okay thank you

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members of the board here's our original refusal that was issued on the property

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um at this time we are no longer seeking use of the property as a six unit dwelling however

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requesting use of the property as a three-unit dwelling. We've also at this time eliminated the

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request for a minimum rear yard depth which originally we're seeking five feet however at

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this time our proviso plans have changed that to the required code compliant nine feet. The only

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other variance we're seeking at this time is the minimum open area which on our original plans was

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requested at 13% however at this time it's requested at 20% not including the

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rear alley and 23% with the inclusion of the square footage of the rear alley.

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Here is my client's deed evidencing ownership as well as the transfer tax

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certificate. Here is the

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on the screen.

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We lose you.

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Hello? Can you hear me?

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yes we can okay sorry i think there was an issue when i went to screen share no no problem

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okay everyone can see the the exhibits yes okay here's our our tax clearance certificate

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here is a current picture of the property the property is currently a vacant lot as you can

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see with my cursor here it is between these two buildings um we're at the plans now this

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this is a proposed image of of the property here i imagine you can see the rendering that is between

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the the more realistic photo here's our plan here we're requesting a three-story

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three-unit building as you can see we've eliminated as i discussed the rear yard setback

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open area request

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the property does intend to have a pilot house for access to

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for maintenance onto the roof deck. The roof deck will only be accessible for maintenance and no

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other purpose. Here's the zoning data on the property. The property is currently zoned RSA 5.

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Further details of the plans. Each unit will be one floor of the property. Each unit will

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be a two bedroom unit, two bedroom, one bathroom unit. I'd also like to direct the board's attention

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to the trash room, which will be housed in one of the corners of the common stairwell

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that's located in the center of the property.

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And once again, a view of the access point to the maintenance roof deck.

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Here's some elevations of the property.

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The property will be built to mirror the types of properties in the neighborhood, having

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the front porch much like the rest of the neighborhood. Here's our project information form.

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Here's our project information form, our appeal application, our certificates of mailing

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to 186 nearby residents, I believe.

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We've had multiple meetings with the RCO, Tioga United, as well as the other RCOs of

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the area. As I said, we worked diligently with the RCO to come up with a project that suits everyone,

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and hence the reduction from a six unit to a proposed three unit. We have received the support

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of the RCO and here's the letter evidencing that photos of the most recent zoning posters posted

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on the property our proviso plans at this time I would like to ask the representative for the owner

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and applicant let's talk trash LP Solomon Silber to just come on the line in order to adopt my

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testimony as his own. Before you begin, any questions from the board for Mr. Sokolov?

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No. Please proceed, Mr. Sokolov. Mr. Silver, can you please raise your hand?

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Mr. Seiber, you can unmute yourself and speak now. Can you hear me? Yes, please identify yourself,

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first and last name my name is abraham silber your last name please uh silber s-i-l-b as in

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boy e-r you swear or if i'm to tell the truth the whole truth nothing but the truth i do thank you

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mr sokoloff please proceed thank you chairman uh mr soper you've been on the call and have heard

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the statements that i've made during my testimony on this matter i have and do you stipulate to the

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accuracy of those statements i do and do you adopt them as your own i do is there anything you would

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like to add about this project mr silver that the more should hear uh not at this time okay members

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of the board i would rest and ask if you have any further questions that we may answer for you and

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i and i thank you for your time and consideration on this matter thank you any questions from the

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board no no excuse me may i ask one question uh mr sakalov i have the plans that you sent me

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yesterday thank you for sending them um it looks to me as though four pages should be stamped

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not the first page which is photos or the two pages that are floor plans generally the board

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doesn't stamp floor plans would you agree to that that those four pages the elevations the site plan

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and the plan with the diagram showing which um which zoning requirements are met

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would that be sufficient that would be absolutely sufficient thank you miss letter

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thank you that was four pages yes thank you okay um anyone else to testify in this case

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please raise your hand there are no hands at this time chair you planning commission

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uh ron bednar city planning this property is indicated for single family residential use

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on the city plan based on the revised plans we recommend the requested variance be granted

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mi 2020 does zero zero one five two eight one eight oh six west ontario street my vote is yes

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with the proviso for a revised plan four pages approved today my vote is yes with proviso

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excuse me i'm sorry to interrupt the vote but i would recommend that you also add a proviso

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limiting it to three units i was going to do that but i thought it was in the plan okay

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Okay, so the vote again is MI 2020-001-528-1806 West Ontario Street.

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My vote is yes with the proviso revised plan, four pages approved today, maximum three units.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Thank you.

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Thank you very much.

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I'm sorry, Chair, Madam Vice Chair, could I request us to pause for a brief moment?

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Sure.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Hi, Chair, Madam Vice Chair, if I could request that we do maybe a 10 minute break, because

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I just noticed that we have no court reporter present.

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Oh, okay.

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Thank you.

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Thank you.

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Let me work on trying to get somebody back.

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Okay.

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Thank you.

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Wow.

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it's lucky luckily we're videotaping these so if necessary a court reporter could

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work from the video but it would certainly be preferable to have someone here

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and carol that we're up to number five on the two o'clock list yes that's correct

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calendar number 0559 2026 dickinson street

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the attorney is alan knockamson

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madam vice chair i'm about to promote clementa amazon it's a panelist thank you miss benton

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Miss Amazon can you put your name and address on the record please and spell your last name

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of course good afternoon hi hi c-l-e-m-e-n-t-a last name a-m-a-z-a-n do you swear or affirm to

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tell the whole truth and nothing but the truth I do do you also agree to wave the reading of

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refusal and stipulate to its accuracy? Yes. Have you emailed the exhibit packet with the required

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documents of proof of ownership, tax compliance, refusal, referral, photos, and plans five days in

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advance of this hearing? And have you met with the RCO? And do you have a letter? Yes, everything.

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Thank you. You may proceed. Thank you. I'll just share my screen. Thank you.

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can everyone see my screen yes perfect so again my name is comenta amazon i'll be presenting 2026

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dickinson street this is a very straightforward project all of our refusals relate to our

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request to create a parking spot for one car it is a single family home um during my presentation

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I'll be going through the deed, the tax clearance information, our notice of refusal, nearby

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properties with off-street parking in the area, all within at least half a mile, or at

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most half a mile, excuse me, the application for appeal, the maps of the area, photographs,

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plans, and drawings, as well as a letter of support from Point Free CDC.

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Sorry about that.

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So first, I have the deed of the property.

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tax information, proof of payment, the notice of refusal. As I mentioned prior, we are looking

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to create one accessory parking space. It is a single-family home, so all of our refusals relate

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to that request. However, it is not uncommon to have parking in single-family homes or parking

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within this area. For example, we have 1427 North 20th Street, 1241 South 18th Street, 1244 South 17th,

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1428 south 19th street 1727 tasker street i also have the application for appeal

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our project information form map of the area as you can see we are a corner property

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and we're along dickinson and south capital street here's a view of the front of the

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property from dickinson street view from south capital these are the right of the property

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a view to the left of the property from Dickinson Street and we have a view to the right of the

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property on South Capitol Street and a view to the left of the property. So we actually would

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not be taking away any parking for this particular project because parking is not allowed on this

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side of the street. Our property is right here and I'll just zoom in a bit. Our property is right

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our property is right here so the curb cut would not interfere in any way with

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here so the curb cut would not interfere in any way with creating or moving.

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creating or removing parking from the area

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sorry about that and here i have a site plan indicating the parking space

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as well as the fencing that the rco did request that we include for this particular project to

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ensure that cars do not park on the sidewalk the plans for the single family home which

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has already been approved and is allowed, and our letter of support from Point Breeze CDC,

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as well as the providers which we will happily agree to, including mirrors, security cameras,

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as well as the fence that I mentioned earlier, the notice that we sent out to the community

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regarding our March 22nd community meeting, and a list of all the properties that were notified

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of that community meeting, as well as our certificate of mailing, showing that we did

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