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Hearing video

ZBA Hearing - October 28, 2020

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

um is do you know if how he joined is he on the phone you know what tanya if he's not there

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we'll stipulate uh that uh miss three i have a hand oh there we go

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good morning david this is darlene three can you hear me

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David you can okay good morning can you hear me now yes good morning Mr. Green please identify

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yourself for the record okay hold on one second all right sorry I had to put my headphones on

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my name is David Green uh first name spelled d-a-v-i-d last name g-r-e-e-n-e can you guys

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still hear me yes do you swear and affirm to tell the truth the whole truth nothing but the truth

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yes i do thank you mr mr green did you hear my uh presentation to the board this morning

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yes ma'am i'm very thorough thank you would you adopt um all of my um representations to the board

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absolutely thank you questions from the board

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no anyone else would like to testify in this case please raise your hand

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No hands at this time.

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Thank you.

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Planning Commission?

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Greg, please identify yourself, spell your first and last name, please.

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Hi, I'm Greg Waldman, Gregory Waldman, G R E G O R Y.

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Last name Waldman, W-A-L-D-M-A-N.

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We're here with the Planning Commission, correct?

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Yeah, the Planning Commission staff.

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We're in the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you, Mr. Waldman. Please proceed.

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This property is indicated for commercial mixed use on the comprehensive plan.

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This parcel was mapped as such in 1971 and has since transitioned away from being a commercial area.

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Accordingly, we have no objection to the granting of the requested variants.

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Thank you.

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MI-2020-001083100N, 54th Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you very much, Commissioners.

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Thank you.

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Sharon, you asked about calling on the add-ons.

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Yes. Is that Diamond Street? Yes. Diamond Street is the first. Okay. MI-2020-000719. 919 Diamond Street. And the attorney is Michael McElhenney. Michael McElhenney, yep.

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He's been promoted to panelists. He can be sworn in.

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good morning Mr. McElhenney please identify yourself with the record spell your first

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spell your first and last name good morning Mr. Chairman members of the board Michael McElhenney

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m-i-c-h-a-e-l-m-c-capital-i-l-h-i-n-n-e-y with the law office of orphan eds and toner

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1500 jfk boulevard suite 800 philadelphia pa 19102 here on behalf of the equitable owner of

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919 diamond street do you swear and affirm to tell the truth the whole truth nothing but the truth

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yes i do thank you please proceed thank you mr chairman um if you recall this case was heard

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originally on october 13th um at that hearing uh the board decided to hold the vote as we needed

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a time to correct a revised zoning plan to remove reference to a balcony.

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A revised zoning plan has been completed and

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a revised zoning plan has been completed and consisting of two pages with a one-page proviso

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consisting of two pages with a

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form that has been provided to the ZBA and council for the ZBA and we would request that the zoning

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board approve the variances for this project and stamp the revised plans that have been provided

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to the board. Do we have a list, Sharon or Tanya, of the provisos?

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I don't. I thought the proviso was revised plans. Mr. McElhaney, are there additional

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provisos requested? No, it's just the revised plans. Oh, I'm sorry.

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I can't plan the one-page proviso form. Okay, I misunderstood. I thought there was a proviso

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as well all right um do we uh any questions from the board no no no did we get the planning

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commission to weigh in on this last time i assume we did didn't we yes this project also went

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through cdr okay so we don't need planning on this right no thank you mi 2020-00118 no excuse me

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wrong one excuse me uh mi-2020-000719919 diamond street my vote is yes with the proviso revised

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plan two pages approved today yes with proviso i'm sorry was it two pages mr mckelhenny

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yes two pages thank you yes with yes with proviso yes with proviso

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thank you the next add-on is mi 2020-000365 1065 east erie avenue and this is the one that

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Mr. Crick requested an additional week

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That you granted a few minutes ago

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We're waiting for a letter from the RCO

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Yes, he's going to come back next Wednesday

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MI-2020-000378

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1613 South Broad Street

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And the record on this is closed

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It is just a vote

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but we don't have to get any testimony correct that's correct uh but there were some changes

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to the to the original plan correct um this is the one no i i think the board considered

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but there are no additional plans that you need to consider it was simply

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what do i need to put on into the on the record the uh elimination of the spiral staircase and

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there was well you were going to yes you were going to add that as proviso um i believe elimination

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of the spiral staircase and no bedrooms in basement okay all right mi2020-000378

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1613 south broad street my vote is yes with the proviso uh eliminate removal of spiral staircase

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and no bedrooms and basements.

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Yes, with Proviso.

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Yes, with Proviso.

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Yes, with Proviso.

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MI 2020-001067, 60 North 23rd Street.

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My vote is no.

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My vote is no.

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My vote is no.

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my vote is no

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okay is that that's it correct is that the add-on list

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yes chair that you can go back to the regular hearing list now

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let's go back to item number two i believe christian street

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yes 2020-001182 1019 christian street

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yes

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i've promoted henry clinton to a panelist thank you ms sunken i appreciate it yeah

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good morning mr please identify yourself for the record sure my name is henry clinton uh 1313

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south 33rd street florida qpa 1916 you swear and affirm to tell the truth the whole truth

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and nothing but the truth.

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I do.

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Thank you.

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Can you agree to waive the reading of its refusal

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and stipulate to its accuracy?

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I do.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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Also, have you emailed an exhibit packet

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with the required documents,

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approval of ownership?

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I have.

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Just closing the shade with too much sunlight.

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Good morning, Mr. Chairman, members of the board.

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I'm here on behalf of the office.

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Did you email an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance,

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copy of the refusal or referral,

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five photos and plans, five days prior to this hearing?

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I have.

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Also, have you met with the RCO and have a letter?

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Yes, I do, Mr. Plaza.

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Thank you. Please proceed.

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Ms. Sulkin, can I share my screen?

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Yes, Mr. Clinton.

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Is my presentation visible?

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Yes.

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Yes, it is. If you could maximize it, though, we see partial of your desktop.

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Better?

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Perfect.

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Yes.

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Thank you, Ms. Duncan. This is my exhibit package. Today's hearing, the 28th.

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table of contents exhibits AA through A11 appearance statement this is the refusal

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this is an existing medical office on the basement of first floor with two apartments above

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the refusals relate to the open lots rather the lot area but this is 100% lot coverage and the

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building has been here for 50, 60 years, 1019 Christian Street. We have a letter from Bella

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Vista Neighbors Association of non-opposition, and succinctly they describe this as a doctor's

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office in the three-story building. It's a mixed CMX1, RM1 district, and they have no opposition

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to what we're asking for. Basically, what we're asking for is that the commercial use on the

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first and second floor uh be switched to a residential use as i said there's two existing

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apartments one on the second floor one on the third floor and i'll show you photographs as i

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work through there's a vote for in favor no opposition so the chairman and the board i'm

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certainly are familiar with this area this is christian street the property is here right on

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the corner you can see that there's an awning on the outside which will be removed the awning

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advertised a chiropractor's office, which was in there for some time. This is the side of the

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building on Warnock Street. This is how you get to the apartments upstairs. There's also an area in

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here for trash and laundry. This is the former chiropractor's office, and I'll show you some

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material photographs of that office. This is the basement. They had a flood within the year. That's

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why it looks in such disrepair. But this is the basement of the doctor's office. This is the

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first floor of the doctor's office. It's still in place. This was the reception area. Then you'd

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walk down the hall and you had meeting spots on both sides. The plans, this is existing. Again,

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basement, offices, first floor, some meeting rooms, second floor, an existing two-bedroom

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apartment, the third floor, and existing two-bedroom apartment. The proposal is to have

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the kitchen and dining in the basement with egress wells in front and on the side,

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and then on the first floor will be the bedrooms and two bathrooms. This is the deed,

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our tax certification application for appeal project information this is the zoning map

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to show the board that this is a cmx1 area at least on this corner it is surrounded by rm1

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i may have witnesses i don't know if they're on the line or not

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this is my letter noticing today's meeting as well as a community meeting that we had

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There's my certificate of mailing indicating 140 pieces of mail were sent out to all the neighbors.

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Also, I've attached the zoning permit to show the board that, in fact, this is currently zoned as a doctor's office and a legitimate apartment on the second floor and on the third floor.

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I don't know if there's any questions from the board, but I'll certainly entertain them.

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okay thank you any questions from the board no no no anyone else like to testify in this case

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Anyone else would like to testify in this case? If so, please raise your hand.

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if so please raise your hand

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No hand.

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Thank you.

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Mr. Chairman, I just did want to add one thing that my client did make several attempts with local realtors to find a commercial business to come into this first floor and basement.

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but as you know there's not many businesses that are starting up uh in the midst of this situation

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that we have and she also tried last year to do the same thing and without being able to get a

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retail tenant in there the feeling was we did not want this location to be dark and that a residential

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use would be more well suited for the building and for the neighborhood um excuse me this is

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Sharon Saleta. Mr. Clinton, did you submit the RCO letter? I'm not seeing it in the exhibit

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packet I'm reviewing, but it might be that you supplemented that. Yeah, it came to us late,

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so we did submit it and is here on the screen right now. It's dated October 22nd. So I think

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we had already sent our package to you after we got this letter, but then we did send it to you

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individually. Thank you. But it is here in my package dated October 22. So with that, Mr.

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Chairman, I rest. I think that this proposal indicates that we have a hardship because we

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can't rent the space to commercial users. It's in harmony with the code. It's in harmony with

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the neighborhood. There's a lot of residential properties on the block. Actually, it's a mix.

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is grows is right down the street but there are other residential properties on the block

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and it's in harmony with the with what the community has voted on so with that i rest and

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asked my client is not on the line and i asked that it be stipulated that she would have adopted

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the testimony uh that i just gave where she be where she able to be on the call so noted thank

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you planning commission

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um this property is split zoned as excuse me you just have to identify yourself you don't

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need to spell your name just hi um greg waldman uh planning commission staff

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this property is split zoned as residential multi-family and commercial mixed use

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we do not believe that the requested variants will have an adverse impact on the block accordingly

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we have no opposition to the requested variants thank you mi-2020-001182 1019 christian street

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my vote is yes my vote is yes my vote is yes my vote is yes thank you next one up is mi

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Mike 2020-001-183-12345 East Roosevelt Boulevard, 12345 Roosevelt Boulevard.

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This is Sharon Saleta.

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The attorney is Steve Pollack and we have a letter of non-opposition from Councilman

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O'Neill.

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Thank you.

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Thank you.

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Steve Pollack's been promoted to a panelist.

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you can unmute yourself and wait to be sworn in okay good morning mr pollack please identify

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yourself with the record spell your first and last name stephen pollack p-o-l-o-c-k i am the

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attorney for the isaac newton foundation the owner of the property that is used by mass charter

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schools as their third location i have to swear and affirm to tell the truth the whole truth

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nothing but the truth. I do, Mr. Chairman, members of the board. Thank you. Please proceed.

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Do you agree to wait in of its refusal and stipulate to its accuracy? I do, Mr. Plaza.

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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, copy of the refusal, or referral photos and plans five days prior to this

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hearing? We have. Thank you. Also, have you met with the RCO and have a letter? Yes, we have.

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Thank you. Please proceed. May I, Mr. Chairman, add with privileges my associate Natalie Young because Natalie, I am so technologically challenged, I'm using Natalie to put up her exhibits.

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Thank you. If we could have Natalie Young, Tanya, allowed to also be up and share the screen, that would be great.

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