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Hearing video

ZBA Hearing - October 21, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20206h 33m

Alan in the interest of time as an officer the court will stipulate that your client

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would adopt your testimony that is correct Mr. Chair any questions from the board no no no

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I just want to make sure did I hear you say Alan earlier that in the when in the past when you had

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applications 1633 and i'll have the exact addresses i have the addresses in front of it did you say

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that this was also discussed at one of those meetings yeah it was it no oh i was just making

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a point that so we actually presented 1633 north valley street 1635 north valley street and 1620

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north valley street all at the same meeting so at that same meeting they also supported

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the 1633 and 35

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North Valley Street,

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which is a total of six units.

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Yeah, I got all that. I just wanted to make sure I had that.

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Yeah, and then at that same

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meeting, they're in non-opposition

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to this project as well.

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Just giving an apples to apples

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comparison.

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Understood.

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Anyone would like to testify in this case?

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If so, please raise your hand.

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no hands chair thank you planning commission good afternoon chairman members of the board

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this lot is zoned for single family residential development and is recommended for single family

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development in the comprehensive plan we do not believe the applicant has demonstrated

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sufficient hardship to warrant granting of the variance therefore we are opposed to granting

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the variance and can you just put on the record your name and department yeah it's ian litwin

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I-A-N-L-I-T-W-I-N

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Planning Commission

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Thank you

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Mr. Lipman

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Mr. Lippman, would you happen to know what position the board took on the previous applications on this on the 1600 unit block of North Bailey?

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would you happen to know

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what position the

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Mr. Chair, I guess from 2019 there was a nine unit building that was permitted and I have two single family homes were permitted across the street in February by right this year.

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They weren't by right.

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1633 and 35 were variances.

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Again, if memory serves me right,

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again, I don't want to misstate anything.

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I don't believe I heard the Planning Commission

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against 33 and 35.

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But I can't be sure for that.

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All right.

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Understood.

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I'm just trying to see if we're being consistent here.

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Okay.

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MI-2020-000459.

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1620 North Bailey my vote is yes my vote is yes my vote is yes my vote is yes good luck you thank

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you okay next one up is MI 2020-001 315 1334 North Hancock Street

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anyone here on 1334 North Hancock I just promoted Rachel because her hand was up

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Okay, thank you.

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Rachel, are you here for this case?

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Yes.

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Rachel.

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You swear on a friend to tell the truth, the whole truth, for nothing but the truth?

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Yes.

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

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Yes.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copied the refusal or referral, photos and plans, five days prior to this hearing?

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Yes.

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Have you met with the RCO and have a letter?

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No, we're meeting with them on November the 18th.

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So we wanted to put the case on the record and then circle back after the RCO meeting.

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Rachel, I'm not sure if you did already, but please spell your first and last name.

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Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

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i'm sorry confessor did you finish

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yes okay thank you please proceed miss bridge okay um i wanted to have um our architect um

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gabriel deck um be able to present the plans and then my colleague brandon saverin uh will go

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through the refusals and um our hardship argument. So who do we need for what? Is uh Gabriel Deck is

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the architect. Right but does he need to be promoted or is he just going to speak? Um no if

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he can be promoted to share the plans that would be great and then Brandon Saverin is uh just going

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to speak. Great. All right. This is Gabriel Duck. Gabriel Duck with Nome Architects.

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Good afternoon, sir. I'm sorry. Please identify yourself. Spell your first and last name.

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Sure. Gabriel Deck, G-A-B-R-I-E-L, last name D-E-C-K. Address is 1901 South 9th Street, room 526.

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You're swearing to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you. Please proceed.

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So what is being proposed here is a subdivision of an existing parcel that runs street to

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street from Hancock back to Palethorpe into three individual parcels to erect three new

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single-family structures. The site plan here you can see we have two proposed

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structures facing the Palethorpe Street side and one proposed structure facing

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the Pale Thorpe Street side and one proposed structure facing North Hancock.

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The structures on the Pale Thorpe Street side will be four stories without a cellar. On the

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Hancock side, we have three stories with cellar. The Pale Thorpe Street side will also, we're

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asking for garages for a two-car tandem parking. Just to kind of run through the layouts here.

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Bear with me.

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all right so for the pale throw up street side again two structures that are four stories with

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garages um ground floor is essentially entirely the uh the two car garage plus staircase and

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and mechanical spaces. Living spaces are up at the second floor with a walkout rear deck,

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kitchen in the middle, living spaces in the front. Third floor has a master bedroom suite

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across the whole floor. Fourth floor is a bedroom in the front, office in the back,

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single bathroom. And then we have a rooftop deck accessed via pilot house. It is worth noting that

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we are setting back the proposed fourth floor building face in order to make the four-story

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structure a bit less imposing on the narrow block. For the Hancock Street side, we have

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ground or first floor living spaces, living in the front, kitchen in the back. We do have a

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cellar with a family room and then an office space facing the front. Second floor is a

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bedroom in the front, a den space in the back with laundry and bathroom, and then a third

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floor master suite. We also have a rooftop deck access via a pilot house at the rear

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of the structure. Design-wise, the elevation, this is the Pale Thorpe Street side of the

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garage homes, three stories of brick veneer. And then again, the fourth floor is being set back

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as to minimize the height of the structure on the block. Our roof deck railings have been held as

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low as possible to, you know, limit any obstruction from the neighbor's roof decks and their views

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towards the skyline. The Hancock Street side, similarly, is all red brick, three stories. We've

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we're planning to align our parapet height with the adjacent structure and similarly holding

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our roof deck railings as low as possible to limit the obstructed views. I think that's the

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gist of the design. Great. So I'm going to share my screen to go through the refusals

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um and then we'll wrap up okay so just to orient the site again this is a large rsa five lot

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um on pound thorpe and hancock um as you can see it's this kind of odd l shape the plan is to just

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subdivide it um even with this site and then down the middle here to provide three single family

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homes oh my god sorry my sorry um and then uh we sort of have generated the refusals just based on

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the uh lot size um the setback for the roof which um we can adjust if that becomes an issue but the

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idea was so that it could be even with um the rear the rear building line um and then um again for

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off street uh accessory off street parking as well um although our lots are not 1440 they do

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meet sort of the adjacent um lot sizes of the of the near neighbors um and we've sort of provided

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a chart to kind of show um how we are in line with um sort of everything else that's existing

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on the block um and again alternatively if the variance was not granted we would have a hardship

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have been providing, you know, one giant single-family home in the middle of these lots and would

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be more, you know, out of conformity. Accessory off-street parking, I believe, is just on the

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palanthorpe sides to provide for, you know, less congestion on the streets and also kind of in

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character, again, with existing structures on the block. So I don't know, Brandon, if I missed

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don't know brandon if i missed anything if you want to um go through any additional information

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anything if you want to

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um

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but again our plan is to meet with rco on the 18th and then have to provide a little bit more

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of a detailed presentation at that point but at least wanted to get this in front of the board

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today i'd like to add just one or two quick items if that's okay yep

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um so my name is brandon saverin um it's do we swear you in i don't think so no please spell

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your first and last name thanks mr chair it is a b-r-a-n-d-o-n last name s-a-v-r-a-n and i am

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also at pricksker law group i swear and affirm to tell the truth the whole truth nothing but the

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true? Yes, I do. Please proceed. So while Rachel has that chart on her screen there, that basically

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tells the whole story with the lot areas. We're really trying to just subdivide this into three

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lots that match the surroundings. So let me kind of go on to the other two refusals. The reason

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we're doing parking in the palethorpe street units is because there's no parking permitted

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on palethorpe street um it's it's a situation where some folks will park on the sidewalk

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illegally um but otherwise use on street parking on you know other folks blocks so the concept was

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to um not contribute to either of those conditions and instead have two spots per unit within the

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homes and we have approval um from the streets department on the design of that um that is uh

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and then with regard to the pilot house refusal so we don't have any other dimensional refusals

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which is to say we're not requesting a variance for height we're for the setback of the building

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overall on on either side um oh and i should specify this pilot house refusal is with regard

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to only the one hancock street property um on that property the the re the pilot house is sitting

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flush with the rear edge of the uh building as a whole and the building as a whole is set back 11

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feet from the rear property line so the property as a whole conforms with the rear setback

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requirement i think it's uh reasonable to say therefore that the placement of the pilot house

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is not contributing to the loss of any air or light of the neighboring properties um essentially

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the design allows more space within the home because the staircase serving the roof deck is

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to the you know far rear of the house rather than more central within it um i think that's all i

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wanted to add thank you thank you uh questions from the board no no no sorry can i bring yeah

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i just want to bring my um client brian zubek oh i'm sorry i thought they i thought that was

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the your witnesses okay bring them on please thank you uh tanya do you see brian zubek

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only if he raises his hand brian can you if you can hear me can you raise your hand

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okay we already got his name on record so just have to swear he was already sworn in here

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i think he was already sworn in correct no that was no i'm here oh the other one okay

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brian please identify yourself name and address yeah my name is brian zubek i'm the owner of the

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llc owns the property uh spelled b-r-i-a-n-z-o-u b as in boy e-k and address is 1401 spruce street

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philadelphia pa 19102 can't you swear and affirm to tell the truth the whole truth and nothing

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about the truth yes sir thank you rachel please proceed brian have you heard the statements that

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i've made today yes and do you adopt them as your own yes thank you thank you again i'll ask the

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board any questions from the board no no anyone else who'd like to testify in this case if so

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please raise your hand no hands are up at this time thank you planning commission

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good afternoon chairman members of the board ian litwin planning commission staff

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rsi rsa5 zoning does not allow for parking access from the front street palethorpe street is the

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front street for lots B and C. Therefore, we oppose granting the variances for

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parking except for the front street. However, we have no opposition to

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However, we have no opposition to granting dimensional variances since the sub-divided lots are more in character with the adjacent lots than the current arrangement.

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granting the dimensional variances since the subdivided lots are more

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Thank you. Do we have a date, Tanya?

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I'm thinking we can do the same as I gave for.

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December 2nd?

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December 2nd. We can try.

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Yes, 930 AM.

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that's perfect thank you okay so mi-2020-001315 1334 north hancock

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this hearing will be resumed on december the 2nd at 9 30 a.m at which time we will consider any

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feedback related to the rco's position thank you thank you good luck good afternoon all right

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Next one up. It's MI 2020-000322, 1400 South 7th Street.

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The attorney is Charles Peruto, and we have a letter in opposition from Councilman Squilla.

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There are no hands up.

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I have an Angelo Peruto.

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Angelo, are you the attorney for this or applicant?

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So Angelo is technically my first name.

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I am not the attorney.

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I am builder slash very, very close friend of the owner who's also on here, but I am helping her out with this because I do this a lot.

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So I'm confused. I don't know who the person is.

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We need the owner.

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She is on also. Her name is Chelsea Dalcy.

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Is it an LLC or a nonprofit?

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No, she is here as the owner.

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Hi, this is Chelsea Dalcy speaking.

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Ms. Dolsey, please identify yourself, spell your first and last name.

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Sure.

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So if we could hold a minute, I can promote her if she's going to be the presenter.

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Okay, thank you.

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I am not going to be the presenter.

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Chaz is.

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Angela?

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I was going to help.

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No, you can present yourself or you can have an attorney.

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That's why you're late.

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He can assist you with showing exhibits, but you have to present the case.

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or if you'd like this case to be continued to

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give you some time to retain an attorney we can do that as well

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okay are we what are what's the all right i'm just i'm trying to figure out whether or not

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