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Hearing video

ZBA Hearing - August 12, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 12, 20203h 45m

existing fabric of the neighborhood. Okay. Any questions? Is there anyone who wishes to testify in this matter? If so, please raise your hand now. Any questions from the board while we're waiting?

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any questions from the board while we're waiting no um we have a hand up yasi avram

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yeah he's he's the clock he's the client i made the client yes and then we have logan dry

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logan's our project architect yep and we have a frank garcia is he with you as well

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No, I don't believe so.

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Now, I believe Mr. Garcia is here for the case that was already voted, Haggard Street.

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Yes, I was.

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Sorry, Tanya.

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I had a question for you in the chat, if you could answer that, just about my entering

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of appearance.

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That was just still up from that.

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All righty.

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Thank you.

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Okay.

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No other hands up?

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no that's all for this thank you planning commission it's good morning this is Ron

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Ednar BEDNAR properties listed at 1404 and 421 Napa Street are indicated for

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residential use on the city plan given the properties constraints and the

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compatible design proposed we have no objection to the granting of dimensional

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variances for both thank you thank you could we just swear him in for the day please yeah

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i'm i'm so used to not doing he's standing in a room and i'm standing up with his hand up okay

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ron do you testimony you give and you will continue to give during the day do you swear

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and affirm to tell the truth the whole truth and nothing but the truth i do thank you ron thank

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tanya all right calendar numbers four zero zero nine two and four zero zero seven four

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1404 and 1421 napa street my vote is uh yes on both

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yes to both yes to both yes to both

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thank you for your time and consideration thank you

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Carol, you have to unmute yourself.

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Can we get your vote?

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I don't think we got her vote on that one.

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My vote is yes on both.

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Thank you.

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Appeal number HA2020-001194, 1436 South Front Street.

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The attorney is Rich DeMarco.

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This is an appeal against Illinois.

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Can we also determine whether anyone from the city is here to appear on this?

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Just get anyone from the city on the appearing on this case.

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If so, please, please let us know.

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Identify yourself.

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Mr. DeMarco, you've been promoted to a panelist.

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You can share your screen and speak as necessary.

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hi everybody can you hear me okay yeah and rich i think you can identify yourself i'll swear you in

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and then uh okay do that first sure richard de marco uh 2005 market street uh 16th floor

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philadelphia pa 191 19103 most you know my new firm affiliations arwin bomb

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um and i swear to tell the truth nothing but the truth okay let's we do not have anyone tanya is

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that correct from the city no one has raised their hand chair all right so you can be very brief if

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you'd like oh i'm happy to do that uh mr chairman this is uh the client so casey lafferty is is is

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is around in the zoom somewhere uh i'm not gonna i don't think i'm gonna need him especially

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with your comments to be brief. This is, let me, it's an administrative review. These homes are

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done. We've had some minor changes. This is actually the second administrative review. This

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is Brent Selleck, former Eagle Development. He's unavailable. He's in a charity golf tournament.

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Casey is available should it be necessary. He's also on vacation and is participating

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live from his destination. Anyway, I'll share my screen and show you exactly what we're talking

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about. I don't understand why this couldn't have received administrative review. Let me show you

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what we're dealing with here. Can you see my screen? Yes.

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This is our appeal application. Because the zoning classification is I2, I believe that

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because the the um zoning classification is i2 i believe that's why the examiner was uncomfortable

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granting the administrative review but let me show you exactly why we're here and why we had

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to take this appeal i'll go to the site plan in red you'll see it's one of the finished homes

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it's this home on the corner here you can see it's a much squatter uh home um the architect

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left out this portion when it was originally designed, this little trapezoidal piece here.

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This is only what we're talking about. This is like about 15 to 20 square feet of additional

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floor space for this home. It actually matches the original foundation. The only thing I can

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suggest as to why Al and I wouldn't grant the administrative review that we filed was because

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of the i2 industrial designation this was an old warehouse that was demolished and brent uh brent

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selick and casey received uh or use variances back in 2014 uh from this board i believe that might

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have been uh jim moylan oh no no that's not right i'm sorry this probably was the prior board excuse

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me anyway it was supported by excuse me it was supported by the rco supported by the councilman

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uh we did send an email on monday or friday i forget when uh just telling them what we were

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doing if they're asking if they had any comment this again was was this whole development was

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supported back when it was approved approved excuse me sorry i have a frog in my throat

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Here's the piece again. This is the piece that we are asking to include. And you can see the floor plan, it's a little bit squat. We do need the additional floor space. And here it is again.

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so it adds you know it while it might seem like a not that much it's what it's

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important to the floor layout and that's it we would say to you that it really

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does meet the standard for administrative review there are no new variances

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required a use variance was already granted the dimensional variances are

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very liberal if you will in the i2 there's no additional variances needed

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dimensional, and the use is consistent. So we clearly meet the standard, and that's it.

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So let me see. Casey, Tanya, has Casey raised his hand? I'm just going to ask him to confirm

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my testimony. Casey, you can unmute yourself and speak.

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okay so you there yeah i'm here oh great hey c would you please identify yourself spell your

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name for the stenographer my name is casey lafferty c-a-s-e-y-l-a-f-f-e-r-t-y

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sorry i'm sorry you swear and affirm to tell the truth the whole truth and nothing but the truth

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i do casey did you hear my testimony of the board and uh and do you adopt the factual testimony as

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your own testimony today i do okay that's all i have mr chairman thank you questions from the

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board no no no and no anyone else wishes to testify on this matter please raise your hand

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no hands are up cheer thank you appeal number h as in harry a as in anthony 2020-001194

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1436

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South Front Street

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my vote is to appeal

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appeal granted

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appeal granted

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I did get a

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may I just mention one thing Mr. Chairman

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sure I did just get an email

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from the RCO that they have no objection

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Thank you. So noted for a record. Thank you.

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Thank you for your time.

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Thank you. Calendar number 38718M, 1514 Tasker Street. The attorney is Michael Lambert.

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Thank you.

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Mr. Lambert, you've been promoted to a panelist.

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You can unmute yourself and share your screen as necessary.

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Mr. Lambert, good morning.

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Can you put your name and address on the record?

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Yes.

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14, 15, 14, Tasker, and good morning, Madam Assistant Schiffer.

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Mr. Lambert, Mr. Lambert, do you need your name? Spell your name for the stenographer, please.

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Yes, good morning, Mr. Jefferson. My name is Michael Lambert, M-I-C-H-A-E-L-L-A-M-B-E-R-T, and good morning to everyone.

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Good morning.

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

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Yes, I am here.

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My client also swears to.

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Okay, that's great.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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Absolutely, ma'am.

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Thank you.

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You may begin.

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You can lower your hands.

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Thank you.

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You know, my client says she's nervous,

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but I feel like I'm the one nervous.

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You took my advice and didn't wear a stiff shirt and tie today, did you?

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I sure didn't sit there, Bruce, but I'm still sweating, Your Honor.

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If I may, if I may, this is the guys of 1514 Tasker. Thank you very much.

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This we're asking the board to approve a special exemption so that my client can open her cold sandwich food shop.

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We have submitted emails to your office, sir, and that should have included our packet.

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And I think we were told we had to resend it because it was three emails and we submitted it back to two.

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Does the panel have those emails?

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The board's attorney has those emails.

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Thank you very much.

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Thank you very much.

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So if I may proceed, essentially we're asking the panel to approve for opening this food shop for cold sandwiches.

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In 1954, this place was approved as a beer distributor, so there was a commercial presence there previously.

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As a panel will see

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The community board

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I mean the RCO rather

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Sent a letter

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This is

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East Point Breeze

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And they approved it on October 16, 2019

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And we have no opposition from the community

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And we have submitted the lease

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And we are just asking the panel

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To consider approving this

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So that my client can open a sandwich shop

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Thank you very much.

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Mr. Lambert.

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You happen to have any floor plan showing where this.

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That was submitted, your honor, also in the email packet.

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I do have a large version.

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I also submitted photographs.

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We're not able to see that.

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So maybe you can speak to Ms. Sunkit and in the future, figure out a way of putting that on the screen for us to review at the same time you're testifying.

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Yes, sir. I've spoken to my staff about that this morning, how I look versus all the other lawyers. So we'll have that fixed next time, Your Honor.

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Thank you.

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I apologize.

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If I may, I don't know if the panel can see. No, you cannot see this.

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No, forget it.

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I'm so sorry, sir.

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The bottom line is at least it's pretty much everything is in place based on the photographs. It's really simple.

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It's a U-shaped countertop for cold foods with a refrigerator and its tables.

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Obviously, now it's probably going to be a lot more takeout than sitting in or outside seating or delivery,

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but it's basically two exits, the front and the side,

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and there's a basement and two units upstairs that were previously approved, residential units.

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Thank you, sir.

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thank you um anyone any excuse me any questions from the board no no here i do have a couple

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pictures here if you wanted to see you i i think we're okay now i just mr lambert like i said may

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want to have a conversation with you about how to be able to share floor plans with us sounds good

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is there anyone else out there who wishes to testify in this matter if so please raise your hand

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no hands raised thank you planning commission yes this property is indicated

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yes this property is indicated for commercial use on the city plan

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for commercial use on the city plan given the site

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given the site's history we have no objection to the granting of the special exception

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thank you thank you calendar number three eight seven one eight fifteen fourteen tasker street

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my vote is yes my vote is yes my vote is yes thank you thank you very much thank you very much and

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have a big day everyone thank you thank you so much thank you calendar number 39881 6615 ridge

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avenue this is an application for a gym personal personal services in the same building with an

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existing 22 dwelling units multi-family dwelling in an existing structure this proposed use is

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refused because personal service is prohibited in this zoning district good morning i'm here

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applicant oh okay i didn't see your name on there so you're over you've already been sworn in so

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please proceed thank you mr chairman uh this is uh i'll share my screen in a moment let me

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just give you a brief intro. This is an already completed structure with a vacant commercial space.

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The building was completed last year. We received a permit for this building two years ago

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approximately with a commercial space included. The commercial space was included because the

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zoning district was CMX2 at the time when the application was filed. Therefore, we were required

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to have a commercial space in order to be able to receive an over-the-counter permit for the

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construction since then the property has changed to rm1 therefore any new application for the

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commercial space uh would be uh refused since the residential district would not allow the

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commercial space but the building was constructed to comply with the code as it existed at the time

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So we are stuck with the commercial space that was empty in the now

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residentially zoned district

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So the building was constructed in such a manner that this space is laid out as a commercial space

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So obviously that's my argument as to why there is clearly a hardship

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This the change in the code is what created the refusal

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My client and Eric Marshall is on the zoom call. I believe with me. I just texted him

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um he'll verify what i'm what i'm about to say and what i'm saying uh it's they were unable to

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rent the space mr chairman and members of the board they did try to market the space um it's

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it's a hard time to do that for one but number two you know it's it's an unusual situation um

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So what the solution was, is that they would create a gym, a private gym, for the residents of the building only. It's not a public gym. They basically are just trying to do what they can with the space. It's dead space. It will be fully, you know, socially distant.

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