civus
Hearing video

ZBA Hearing - September 25, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 25, 20248h 45m

so people aren't always home at the right times.

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But we are talking about one, two.

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So here, and here you can just see a sprinkling

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of the letters of support that were obtained.

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And so they are, you know, one square, within one square block.

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And, oh, pardon me.

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And for the sake of brevity, I will leave it at that.

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If Mr. Yu is on the line, I would ask that he raise his hand to adopt my testimony.

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Hello, can you hear me?

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Yes, could you please state your name and spell for the stenographer?

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okay show you um x-i-a-o y-u

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we're a firm to tell the truth the whole truth nothing but the truth

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i do please proceed counsel thank you good evening uh mr you mr you did you hear my

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testimony or my presentation to the board today yes okay and would you adopt my testimony as your

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I do.

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Thank you.

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Nothing further.

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Questions from the board.

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Questions or comments from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience.

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Hi, Chair.

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We have a hand raised by the name of Kristen Collazo.

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They're allowed to.

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Could you please state your name, please?

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Spelled for a stenographer.

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My name is Christian Collazo, and it's spelled C-H-R-I-S-T-I-A-N-C-O-L-L-A-Z-O.

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You work for the council person?

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I do not.

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Okay.

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Are you, hold on a minute.

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

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I do.

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Are you a neighbor?

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Yes, I live two doors up from the Airbnb.

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All right, please proceed.

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I just wanted to voice my opposition to the Airbnb being less than 30 days.

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I believe that's what it's currently set at.

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I know of five kids on the block under 18 months right now.

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So it'd be a little tough to have it become a short-term rental.

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I think we know people across the street who have rented out their house for the past two and a half years now.

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So, I'm not, and, you know, the upkeep of the backyard at that property, too, it's not in the best condition.

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I know that for a fact because I can see the trash in the backyard now from my roof deck, so.

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Thank you very much for calling. We appreciate it.

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All right. Thank you.

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Anyone else in the virtual audience?

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Hi, Chair. We have a hand up from Caitlin Arcand. She's allowed to speak.

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Hi, could you please state your name and spell for the court stenographer?

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My name is Caitlin, C-A-I-T-L-I-N, Arcand, A-R-C-A-M-D.

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You swear or affirm to tell the truth, the whole truth and nothing but the truth?

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Yes.

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Are you a neighbor?

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Yes.

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are you in favor of this or against the project i'm opposed to it i don't think it's a good idea

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um we have a rental property directly next door to us um and it was it's easily rented out

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consistently over the past 13 years um there is no reason to have an airbnb we have a very

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quiet block very peaceful block and lots of kids on the block and i don't think that um and it's

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all families it's all uh you know just very yeah i think it would just bring a different

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a different atmosphere to the block thank you very much for taking the time to cause

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is there anyone else in the audience

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anyone else

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No hands at this time, Chair.

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no hands at this time chair okay planning commission

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Planning Commission.

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This is Ron Bednar, City Planning.

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The property is indicated for residential use on the city plan.

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Our adopted comprehensive plan recommends no change to the existing single-family zoning at this location.

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There's no unique physical condition nor circumstances of the property that would prevent it from being used in conformity with the code.

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City Planning Commission recommends that the board deny proposed use variants for visitor accommodation.

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MI 2024-000-429-1932 in Manton Street, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no.

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I am Wynn, my vote is no.

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Thank you, Council.

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Thank you, members of the board. Good evening.

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Good evening. Number eight, MI 2024-002-874-6913 Tulip Street. Sean Ward is the attorney.

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Sean Ward has been allowed to speak.

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And my panelist, oh, there we go. There you go. Mr. Ward.

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Good evening, Chair. I'm trying to figure out how to get my picture down and go live, but I can't seem to find it. Nor can I – oh, wait, Darius, hold on.

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Is he a panelist?

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Yeah, you should be coming back in as a panelist now.

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Okay, thank you.

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Okay, I'm back.

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Hi, Arias.

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Mr. Ward, state your name, please, and spell for the court stenographer.

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Sean Ward, S-H-A-W-N, last name W-A-R-D, Esquire, attorney for Lewis and Antoinette Iataroa,

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I-A-T-A-R-O-L-A

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husband and wife,

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owners of the property.

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Do you swear or affirm to tell the truth?

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Oh, yeah. Go ahead. I'm sorry.

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Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth?

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I do, and I also

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waive and stipulate.

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Okay. Please proceed.

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Thank you.

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Okay.

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Let's go to exhibit packet.

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Share.

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uh just to confirm my screen is shared yep awesome uh i've submitted my typical exhibit packet

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um which i'm going to blow up a little bit so you can see it uh again i represent the lewis

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and antoinette ayaterola husband and wife owners of 6913 tulip street at the calendar number ending

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in 2874 as previously identified by the board. My exhibit packing includes A1 notice of refusal.

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This is an application for a permit for use as a business and professional office in an existing

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structure. No signs on this application. The use is not permitted in RSA3. Accordingly,

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we seek a use variance today. A2 is the ZBA application of appeal. A3 project information

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form. A4 is the deed and deed history search. A5 is proof of text clearance. A6 is a plot plan

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from Atlas on file under this property. Our photographs include posting, subject property,

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street views, aerial views, and some interior photos. A8 is my RCO meeting notice and certificate

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of mailing. With regard to the RCO, this was originally assigned to Tech Coney Civic.

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I'm sure the board is aware that they had some upheaval or some internal problems.

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Accordingly, the Sixth District Council took over as the RCO and assigned to Mayfair for purposes

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of holding the public meeting. So we don't have a letter from Mayfair because they chose not to

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right one, they deferred to the council office. However, they did host the meeting, if that makes

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any sense to everybody. So even though it says pending, we did receive a letter from Councilman

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Jericho's office, and I have that as a separate attachment here. With regard to the relevant

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zoning history, the only thing I can find is since 1962, this property had a variance for use

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This property was used, had a variance for use to permit the sale and distribution of safety equipment, of course, with an accessory office.

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to permit the sale.

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No changes or other permits were filed for the property since then.

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And the photographs will show that this is certainly not a single family dwelling of any sort that would be used in RSA 3.

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With regard to relevant L&I history, again, nothing was found.

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And A13 is the zoning map.

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A14 is the area.

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And in quick summary, hold on a second.

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I'm going to get this thing out of the way.

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Put it up top.

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Okay.

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The Iotirola family operated an appraisal company in Taconi for decades.

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Their previous location was the Taconi Music Hall, located a block away at 4817 Longshore.

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They preserved, you know, renovated, preserved and maintained that Tech Honey Music Hall for decades.

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And that is actually where the Tech Honey Civic used to meet.

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Lou Iatirola Jr., who was with me tonight, but had to leave to pick up his grandchildren.

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He waited as long as he could. But Lou was actually the zoning chair for Tech Honey forever.

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Um, you know, some, some members, uh, Cheryl, uh, Gaston might even remember, uh, uh, the name,

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but, uh, they relocated to 6913 Tulip Street in 2017 following the sale of the music hall.

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Uh, they've operated this business office at, uh, that property at Tulip Street since 2017 until

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present. Uh, the reason they're looking to sell the property is, uh, uh, Lou Senior is looking

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to retire. And young Lou has certain medical issues that it just doesn't make sense to hold

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on to the property and they'd rather go into retirement, sell it and move on. So again,

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this appeal was reassigned for Taconi to Mayfair for RCO meeting purposes. And we're just looking

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to get confirmation of the use as a business and professional office for the current existing use.

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So quickly, we have, let me zoom back out. This is our refusal, application of appeal,

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project information form, my transmittal letter filing the appeal.

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This is the deed shown that it was purchased in 2017.

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Um, I, I, I did the, the, the deed history because there's been three owners or four

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owners since 1962.

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So this property has not changed hands.

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Um, I believe there was a, uh, uh, an easement granted to Bell Telephone Company back in,

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uh, you know, 1962.

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Um, but other than that, it's, it's changed hands up until the Ayatollahs who now have

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it up for sale.

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But they'd rather sell it confirming that it can be used as a office for business or professional purposes.

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Our tax clearance. This is the the deed map. This property consists of three parcels.

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The one highlighted in blue is the actual building. And then there's two other parcels next to it, which are basically the parking lot with some outbuildings.

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here's a picture of our posting in the subject property as you can see

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it's clearly not a single family home again our posting

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as you can see the lot is fenced in this would be coming in the front entryway

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steps going up to the city offices here's your uh you know your general uh secretarial uh you know

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pool. Lou Senior's office in the back. A little kitchenette for the employees. Conference room.

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Here's an aerial photograph. You can see the red dot is the subject property with our lot next

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door. And we have some outbuildings, you know, a shed and a garage. Another aerial. This is a view.

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The property is here on the left, looking at, I guess that's north on Tolop.

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And here's looking at it the other way.

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The property is on the right, looking back the other way.

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And an aerial photograph.

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As you'll see, this purple dot over here is the, you know, the original Takuna Music Hall.

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They sold that and relocated, if they're purchasing this property, you know, a block away.

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This is our RCO meeting notice to the following addresses, totaled 69 addresses, according to the RCO notification map.

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This is our RCO meeting notice.

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Here's our certificate of bulk mailing to, it went up to 70 because we added my office and the Civic.

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blue circulated the best he could a petition of support but i would point out that

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uh 6917 the adjoining property signed off as did 6914 located directly across the street

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and then some other properties on tool of longshore keystone all within the you know walking

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distance a block or so and then i attached the zoning history again um it was for the

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The sale and distribution of safety equipment, accessory sign in office, whereas that was not permitted in the district.

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And again, that was 1962. And I'm not quite sure how long Pendergast safety equipment was there, but it was for quite some time.

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Here's the L&I history. Again, nothing found, no certifications, no investigations, no licenses, no permits.

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zoning map although it is rsa3 we are very close to cmx2 which this use would probably

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be permitted as a matter of right if we were in one of these other structures

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and again one final aerial photograph not to belabor the point but the iatrols have been

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institutions in Taconi for two generations. And at this point, Mr. Iterol is looking to retire

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and they want to sell this property, but they want proper zoning on it before they turn it over

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to somebody else. And again, it'd be limited to business and professional use. And again,

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And the adjoining property owner at 4917 is on board, as is the neighbor directly across the street.

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Other than that, we have nothing else.

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Lou Ayatral, a junior, was here.

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But again, he had to go pick up his grandchildren.

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It's a parent-teacher conference tonight, so he's babysitting.

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You're an officer of the court.

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We'll take your testimony, Mr. Schoenberg.

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Awesome.

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That's all I have.

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And I know the hour is getting late, so I won't drag it out any longer.

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Questions from the board?

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I have a question.

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So I'm wondering if you're saying that your client is retiring and that the plan is to put the building up for sale,

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why change the zoning from single family on a block that's mostly single family?

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