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Hearing video

ZBA Hearing - October 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20205h 56m

we are live thank you good morning and tanya we'll give you a few minutes

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yes you'll let us know when you're ready to go all right

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Thank you.

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Okay, Chair, we ready when you are.

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Thank you.

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Okay, good morning, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our board secretary, Mr. Confessor Plaza, and board members, Mr. Thomas Hollowman and Mr. James Snell.

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Board Administrator Tanya Sunkit and board attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

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identify themselves prior to speaking or testifying.

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Third, we like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded.

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Fourth, anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I'll repeat.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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finally to enter an appearance statement call google 267-270-5548 and leave your email address

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and the address of the property at issue i'll repeat that as well to enter an appearance

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statement call google 267-270-5548 and leave your email address and the address of the property at

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issue with that said we can begin but before mr plaza calls our first case i would like to ask

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if there's anyone requesting a continuance or withdrawal of an appeal listed for this morning's

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hearing if so please raise your hand also if anyone here presenting the case today

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hasn't met with the rco please come forward now and explain to the board thank you

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We have Justin Crick, Chair. Justin, you can unmute yourself and wait to be sworn in.

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Yes. Good morning, sir. Please identify yourself with the record. Spell your name.

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Good morning, Justin Crick, J-U-S-T-I-N-K-R-I-K. Address is 1500 JFK Boulevard, Suite 630, Philadelphia, PA-19102.

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Excuse me, this is Sharon Saleta. Before Mr. Crick starts, can I let the board know that this is number two on your add-on list? It is the case where Mr. Crick is requesting another week to submit the RCO letter.

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Okay, do you swear and affirm, sir, to tell you the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed.

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Yes, thank you. Members of the board, we met last week, last Tuesday, on this matter, at which time the board was reserving its decision.

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until the rco provided its letter of support uh we did anticipate that it would have been

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with the board at the time of the hearing it was not you gave us an additional week and

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unfortunately we still have not received a response but i am continuing efforts

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and requesting one more week sharon what what am i number was this which case

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it's on the add-on list at the beginning of it's number two i can read it out if you'd like yeah

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I can read it out if you'd like.

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Yeah, please do.

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please do sure it's mi2020

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Sure.

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It's MI2020-000365-1065 East Erie Avenue.

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That case will be continued.

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Thank you very much.

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Until next Wednesday at 930.

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Will that work for you, Tanya?

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And again, this is simply for the letter to be submitted.

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That'll be next Wednesday.

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It'll be the 4th, November 4th at 930 a.m.

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yes that's perfectly fine thank you anyone else requesting a continuance or withdrawal

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please raise your hand

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here we have someone from strawberry mansion you can unmute yourself and wait to be sworn in

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who's here from strawberry mansion bonita cummings

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okay cheers she could be sworn in good morning please identify yourself with a record first and

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last name and your address bonita cummings director strawberry mansion community concern

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RCO 2640 Myrtlewood Street

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I'm sorry you finish it

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Philadelphia PA 19132

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Do you swear and affirm to tell the truth

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the whole truth nothing but the truth

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Yes

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Please proceed

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2330 North

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Hello

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Hello

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can anyone hear me i'm sorry i'm sorry yeah but neither you can go for it i'm sorry i muted you

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by mistake okay 20 23 30 north 29th street uh the applicant said that they were going to ask

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for a continuance and we did submit yeah we have that on our list to be continued

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that is on the two o'clock list so oh is it no wait 23 30 i have it down for 9 30 30 yeah

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oh i'm sorry no remembered okay oh okay i don't have an mr mi number though or do i let's see this

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um yeah i think i i have it is that uh mi-2020-001179 okay can we hold on for one minute

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Tanya, is that on the 2 o'clock list?

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Yes, I scheduled for 2 o'clock.

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So the announcement will have to be made then.

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Remember I said, Frank, I put it on there by mistake.

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Okay, all right.

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No problem.

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All right.

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I thought I should.

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Okay.

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We had 9.30.

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Okay, so we have to come back at 2.

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Yeah, see, that's the problem.

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I'm sorry.

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Strawberry Mansion sent it to me and said 9.30, but it's on the 2 p.m. list, Bonita.

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So you guys had the wrong time.

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No problem.

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all righty thank you thank you ma'am so you don't really have to come back because we have it for

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both the rco and the and the attorney who's requesting a continuance but it's up to you

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Thank you.

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Okay, any other requests?

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Chair, I have Charles Richardson.

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Mr. Richardson, you can unmute yourself and wait to be sworn in.

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Good morning, Mr. Richardson.

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Please identify yourself for the record, and then I'll square you in.

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Good morning, Mr. Chair.

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charles richardson from the office of councilwoman cindy bass room 312 city hall

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we're confirmed to tell the truth the whole truth nothing but the truth

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i do uh asking for continuance for mi 2020 001 178 the address 610 east mount pleasant avenue

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the applicant has not met with the rco as yet they have a scheduled meeting i've received an

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email from the, from East Mount Airy neighbors, they have a scheduled meeting for November

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the 17th at 7 p.m. So we would like to have that continued until after the meeting.

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Excuse me, this is Sharon Saleta. This is one of the two cases that you were going to

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announce as continued. It's number eight on your list, that and number 12 are being continued.

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Number eight, you said, North Bovair.

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Mr. Richardson is here on number 12.

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That, too, is on one of the cases you were going to announce is continued.

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That too is on the one of the cases you were going to announce has continued.

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Which one is that?

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Number 12, Mount Pleasant.

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Okay, yeah.

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So it's number 8 and number 12, correct?

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They are both being continued and number 10 is being withdrawn.

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Okay, I'll read in number 8 and number 12.

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uh mi 2020-001082 uh 1714 north belvare street is continued and

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am i

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mi-2020 correct me if i'm wrong here

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um wait a while I have one two

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it's um number 12 would you like me to read it chair yeah because I'm confused on this yeah please

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do MI 2020 001179610 East Mount Pleasant Avenue please continue thank you

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any other requests that's all i have chair so but i have the right the original list you sent

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me and correct me if i if i'm wrong on any of these following cases are will be continued

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mi 2020-000916 2616 south 18th street um sure that was from by the attorney yesterday that was

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no that was yesterday's list you have to scroll down to yep yep yep yep yep my mistake again

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sorry i think you have announced all the continuances for 9 30 but there is an addition

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um one is being withdrawn that's number 10 correct 30th street yes

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apologize um mi 2020-000115 2444 north 30th street is withdrawn

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that should be everything okay um again i'm sorry for the confusion

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um all right mr plaza confessor you can begin i believe

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All right. First one up is MI 2020-001083, 100 North 54th Street.

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Our board, I'm promoting attorney Darlene Street.

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good morning darlene three here can you hear me

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a little bit louder good morning this is darlene three can you hear me yes yes we can please

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identify yourself name and address good morning darlene three darling three and associates today

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i'm representing mr david green would you miss miss three would you please spell your first and

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last name? D-A-R-L-E-N-E, last name Threatt, T as in Thomas, H-R-E-A-T-T as in Thomas.

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Thank you. Swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do. And do you agree to waive the reading of its refusal and stipulate to its accuracy?

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Yes, I do. Also, have you emailed an exhibit packet with the required documents,

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proof of ownership proof of tax compliance copy of the refusal or referral photos and plans

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five days prior to this hearing i have emailed all those documents thank you also have you met

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with the rco and have a letter yes i met with the rco and i do have a letter from the rco

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thank you please proceed i like to have my client put his name and address on the record

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mr david green are you here

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Commissioners, I know Mr. Green is on the line. I don't know if there's some technical

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difficulty. I am ready to proceed.

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Proceed with your testimony and then we'll get to Mr. Green.

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Okay. Hopefully you can see my screen today. Do you see my documents?

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Yes, we have it.

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Okay. Good morning, Commissioners. I have a package, an exhibit package for you today,

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which consists of a refusal the appeal the property information form the assignment sale agreement the settlement

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the property information form, the assignment sale agreement, the settlement sheet, a tax clearance,

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a commercial activity license, property information, a little bit of zoning history,

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plans, pictures, a community letter that was sent to the residents, as well as a letter of support

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report from HMC squared dated 10-23-20. Commissioners, this is a two-story, a structure that has a

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split. Pardon the interruption, Ms. Threat, but all we have is your first page.

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Yeah, I'll scan it down as I get to the exhibits. Thank you.

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So if you'd like me to go through them now, the refusal is the first page,

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the application for appeals the second page

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the property information sheet the third page

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the assignment contract for sale and purchase of real estate

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page six seven the settlement sheet pages eight

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and 9. The tax clearance, page 10. The commercial activity license, page 11.

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Property information sheet, pages 12 and 13. The prior zoning history here, I'll stop at,

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page 14. As you can see, this is a two-floor structure. The prior use had been a grocery store

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on the first floor, an apartment on the second floor. That's basically the history. Although the

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first floor has been vacant for many, many years, I don't believe that a grocery store there was

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us sustainable page 15 is our plan and i'm going to try to do something new and flip it for you

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because oh it went all the way back i guess i can't flip it but i'll go back down to it

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the first pages of our plans just have some pictures and some specifications and the site plan

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the second page is the layout of the property basically it's just a two-story property the

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basement will be empty the first floor both apartments are approximately 750 square feet

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you have a nice generous open area here living room with the kitchen we have a full bathroom

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we have a closet and we have a nice size bedroom the second floor is basically the same we have a

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nice open area for the living room and kitchen area we have a nice size bathroom here closet

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area and again a very nice size bathroom there commissioners we have some pictures here you can

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see the properties in pretty disrepair on the bottom. Generally, the facade of it is a stucco.

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We do plan to redo the entire facade with a nice smooth stucco and change the front to more of a

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residential look to be consistent with the other properties on the block. And as you can see,

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the property has a residential look in and of itself. Here's a second picture. Here's a side

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picture for you. You can see it's a pretty long corner property. There's an entrance right on the

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corner. There's a side entrance. You can't really see from the picture, but there's also a nice

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size little backyard back there. This is a general picture of the street. Most of the properties here

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are two stories. Here's another picture of the street. There is another grocery store or caddy

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corner to this property. Here's a forward-looking picture of the property with the posting on

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it to notify the neighbors of the hearing. A little close-up of the zoning poster. Then we

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have the letter that was sent to the community on August 25th. It was sent with proof of

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mailing from the U.S. Postal Service. It identifies the meeting and the coordinates for the meeting.

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It was, in fact, a Zoom meeting. And finally, we have the letter from the community, dated September

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And finally, we have the letter from the community dated September 23rd, 2020.

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of the tools.

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It is a letter in support of the project.

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The last page reads that there were six in support and six in non-opposition.

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Commissioners, I believe this is a good use for this property.

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The community is in full support of the granting of the request for the variance.

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The development is consistent with the development in the neighborhood and the development on the block.

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And most importantly, it's really not an overuse in that it's just a nice, good-sized, one-bedroom apartment.

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And with that, my presentation is finished, and I'm open to any questions.

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Thank you. Do you want to get your client on?

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um mr green are you on the line

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