civus
Hearing video

ZBA Hearing - August 12, 2020

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

there's going to be max required and again it's not public you won't have a lot of traffic

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it'll just be a few people let me share my screen i'll show you a layout um briefly here

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so hopefully you can see my screen can you see it

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yes my sharing screen okay mr chairman yes okay so you see here it's rm1 it was cmx2 though

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when it was built I'm not sure why the examiner didn't put that information on

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the refusal but let me show you the layout it's not a huge space in a minute

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here that's the new building this is the the windows and you can't really put

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residential in here because there's there's all front windows there's no

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windows in the back there's only one bathroom it's just not laid out for

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residential so and plus if even if we wanted to add a unit that would increase

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density and you know we might have problems with the community and doing

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that this is the floor space you can see how it's a commercial space about 1500

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square feet that's the two bathrooms and this is a rendering of the interior you

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know the equipment's going to be pretty spaced out people are going to be able

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to work out without being close to each other and we'll have masks and I'll just

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So we had our RCO meeting before the shutdown, right before the shutdown, an in-person meeting, and the RCO has submitted a letter based on our testimony.

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an in-person meeting and the rco has submitted a letter based on our testimony of um support

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and that's the certificate of mailing and here's the rco letter so let me see if i can get eric

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marshall on the call he hopefully has his hands raised he's listening he says um

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i hope let me tell him to raise his hand just so he can verify eric you can unmute yourself and

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Oh, good.

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I'm here, yeah.

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Thank you so much.

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Oh, he's here.

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Great.

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Eric, did you hear my testimony?

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I did.

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Did your testimony as your own?

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That's correct.

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Okay.

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That's all I have, Mr. Chairman.

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Pretty straightforward.

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Mr. Eric, would you please identify yourself, name and address for the record?

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Sure.

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Eric Marshall for 6615 Ridge Avenue, Philadelphia, 19128.

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Swear and 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.

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Please proceed, Mr. DeMarco.

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That's all I have, Mr. Chairman.

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We clearly meet the standard.

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This was an unfortunate situation.

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The building was constructed to comply with the code.

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The code has now changed.

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They have been unable to get a tenant.

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So clearly they meet the standard for unnecessary hardship.

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As this property was built to have a commercial space here and the zoning has changed, therefore, this is the best that we can do now under the circumstances is to have a private gym.

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so we'd ask for your uh uh your vote in favor

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questions from the board no no no questions anyone else who wishes to

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testify in this case on this case please raise your hand

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no hands at this time chair okay planning commission

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since this property has been recently remapped for residential use

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city plan we have no objection to the granting of the variance

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thank you calendar number 39881 6615 ridge avenue my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes thank you that concludes my business

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everybody stay safe thank you for your time thank you thank you appeal number h a two zero two zero

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zero zero zero zero five seven the address is 98 98 east roosevelt boulevard the attorney is

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Hercules, Griegos.

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Augusta, you've been promoted to panelists.

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You may now unmute yourself and share your screen as necessary.

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Thank you, Tanya.

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Can we swear her in?

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Can you put your name and address on the record, please?

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Sure. Augusta O'Neill. My address is 1835 Market Street, Suite 1400, Philadelphia, PA, 19103.

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

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I do.

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You're here for 98 East Roosevelt Boulevard.

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That's correct.

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Okay.

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Good morning, everyone.

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I'm here representing the owner of 9898 East Roosevelt Boulevard, known as the Red Line Plaza.

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Our application is for a use change to put a dental office in an existing shopping center.

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The dental office is for Aspen Dental, which has over 800 offices all across the United States

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and offers a variety of dental procedures and services, from veneers to tooth whitening to

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crowns and dentures. Each Aspen dental practice is owned and operated by a licensed and local

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dentist. Their hours of operation for the proposed location will be from 8 a.m. to 5 p.m. They will

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have between 9 to 11 employees on site, depending on whether or not they have an oral surgeon on

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site that day. The property is zoned CA2 and is in the far northeast overlay, just as you can see

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from this zoning map. In that overlay, medical offices, medical office uses are prohibited in

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order to prevent certain medical practices from opening up. We previously met with the

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We previously met with the Greater Busselton Civic League on July 8th of 2020, and we did receive their support for this project.

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Greater Busselton Civic League on July 8th of 2020.

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With me today is Eric Wolf of Finmark, who is redeveloping the property, and also with me is Lauren Russell-Wood, who is here to represent Aspen Dental.

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They are both available to answer any questions that the board may have.

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Thank you.

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Are there any questions from the board?

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No.

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no no no is there anyone else who wishes to testify in this case please raise your hand

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no hands at this time thank you planning commission

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property is indicated for commercial use on the city plan we have no objection to

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annual variance. Thank you. Appeal number, H as in Harry, A as in Anthony, 2020-000057,

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9898 East Roosevelt Boulevard. My vote is yes. My vote is yes. My vote is yes. My vote is yes.

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My vote is yes. Thank you. I think that concludes the 930 session.

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no there's there's one more there's one more chairman

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i apologize thank you very much calendar number three nine one two eight six nine zero six castor

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Aveno. Mara Rose, you have been promoted to a panelist. You can speak by unmuting yourself

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and share your screen as necessary. Okay. Good morning. Are you an attorney? Yes. My name is

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Can you put your name and address on the record, please?

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No problem.

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My name is Mary Rose Roach.

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That's spelled M-A-R-I-R-O-S-E, Roach, R-O-A-C-H.

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That's attorney ID 205-225.

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My office is located at 6950 Caster Avenue, and that's Philadelphia PA 19149.

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Okay.

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

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Yes, one last question. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Thank you. You may proceed.

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Okay, so I do want to apologize. This is my first zoning

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Board of Adjustment virtual hearing and I did submit all of my documents ahead of time.

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I'm trying to figure out now how to share my screen, but if I can, I believe you have all the documents I submitted.

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So if I'm unable to share, I can just go through what I submitted, if that's okay.

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All right.

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Hello?

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Okay.

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All right.

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So just go through.

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This application was appealed because there was a refusal for the business professional use proposed.

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There are two lots that sit on the property of a church.

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One lot is a church that will remain religious use and remain holding services, religious

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services.

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The other lot is a smaller lot, and it was the rectory of the church, and we're proposing

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that it continue single-family use and also be used as business professional use.

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So we would be asking for a special exception.

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In addition, there was a refusal based on parking space requirements.

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there's a total of seven parking spaces needed for the church and one parking space needed for

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the the other lot which is the rectory and proposed business professional use. The refusal

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also includes signage one flat wall sign on the rectory as well as signage a single-sided signage

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in front of the rectory. And there are, we did provide layouts and drawings that reflect the

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same. If we go through, I have, I've submitted postings of the, oh, yeah, you have it right

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there. Okay, great. There are postings, the zoning board of adjustment, adjustment notice of hearing.

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If you scroll down, we have the project information, form, required, tax clearance, if we just

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continue to scroll out.

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I'm sorry if I'm going too fast.

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Concilio Arbol, International Cristiano Arbol de Vida owns the property and the deed follows.

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Concilio Arbol, International Cristiano Arbol de Vida owns a-

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So it was purchased back in March 2015 and the use has always been the same.

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What they're proposing is that with the subdivision of the property separating the existing lot into two separate lots,

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one for the church one being for business professional and residential that the zoning

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board of adjustment were consider their appeal and granting a special exception

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for business professional use in the smaller lot which is lot d

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proposed small

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we did have a meeting with the rco back in february of 2020 and there was no objection

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to um our plans um the relocation of lot lines the business professional use or the signage

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and like i said we did provide the relocation of lot lines um that shows how the property would

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be changed from one property including a church and a rectory to two separate properties one being

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the church, one being the rectory with business professional use. And the descriptions are also

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included. That was provided by Philadelphia, City of Philadelphia's streets department.

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I also provided the layouts for the rectory of the church

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where the first floor will be residential use. We're not going to change any structural,

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anything structural within the rectory of the church that will remain residential use.

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Living room, dining room, kitchen, laundry room will remain the same

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and there are pictures of that if you continue to scroll.

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And then if we move forward the second floor, some of this was renovated but if you continue

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to scroll down, it's bedroom, bathroom, residential use for that main floor.

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I'm sorry, the second floor. And then finally, the bottom floor, which is the basement.

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This area was used as a home office in the past, and the objective would be to have more office

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space in the basement. There would be four offices down there as well as storage. And if you continue

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you to scroll through you'll see the pictures of what that space will be used

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for finally there is signage proposed as of right now there is a sign that was

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on the property that was used for the church it would be the same signage no

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difference there I do have to apologize we did work with fast signs to get the

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plans put together for this zoning hearing and they are they're no longer I guess working with

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the public or the people that we were working with because of COVID they had to shut down so we

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we lost track of them and we didn't have time to get professional plans drawn up but I mean

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the actual sign that was approved on the church property will just be moved down to the parcel

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uh d the other property where the rectory is so it's the same lot just moving that sign down

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um in front of the rectory of the church excuse me this is sharon sletta again um that was not

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part of your zoning application is that correct oh well it was so the zoning application had a

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flat wall sign affixed to the rectory of the church as well as a sign on the street

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um and that is let me just look through here on the refusal it does say that okay it says a flat

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wall sign and one single-sided freestanding sign that's the single-sided freestanding sign

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okay but right now you are i think suggesting that the sign is going to be moved to another

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property um just didn't want any it you to believe that the board is approving that

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So the single-sided freestanding sign, this was approved for the existing property at 6906

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Castro Avenue. Because there'll be a subdivision, I mean, essentially the sign could stay there,

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but because there's a subdivision, it's actually not in front of the right building.

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Okay, I understand. Thank you.

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No problem. I'm sorry if that was confusing.

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um so finally there was there not was there is an issue with parking as far

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So, finally, there was, not was, there is an issue with parking as far as the city did refuse the fact that a variance would be required.

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I just make the argument that this building has been used as a church for several decades.

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The only change is that there's going to be about 940 square feet of business professional use at the property.

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And that would include, you know, law firms, like a law firm type business, like where you're seeing clients by appointment only. So what they're requiring is that there would be, you know, in total eight spaces.

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So we did have plans drawn up, but the cost and the construction to do something like this, although it wasn't opposed by the RCO, would create a hardship.

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And we would just argue that there hasn't been a change in the use.

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The small amount of usage for a business professional isn't going to create an additional need for parking.

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and that we would ask that you grant our variance and not requiring that the parking be required

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with our appeal. So finally, it's just a proof of mailing that we sent out all the mailings

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to the surrounding community. Did you have any questions, board?

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we have a recommendation from the RCO we do and that was Paige let me just um

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you see I can pull up the exact page you don't have to go through everything

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they in support of no not in support of so they did send a letter and that is

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they did draft a letter and I know that they provided it to the zoning board as

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well that's page 26 of the presentation so there is as far as they're being

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support I wouldn't just say that there's no objection to opposition no opposition

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right and that's page 26 and 27 of the packet that i submitted

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any questions from the board no no no anyone else wishes to testify in this matter please raise your

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hand we have hillary emerson hillary you can unmute yourself and speak hello can you hear me

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Yes, Ms. Emerson, please identify yourselves by your name for the record.

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