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Hearing video

ZBA Hearing - February 19, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 19, 20254h 55m

spaces that did not go well and um there was much opposition but if you really look at the letter

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like the letter you know uh was we don't like the commercial space we think that that would be out

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of character we don't like to build the addition we think that would be out of character um they

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did mention that you know they didn't like the multi-unit aspect of the project but it's already

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a duplex. We're asking to include one additional residential unit. And this was a three unit

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building for the longest period of time. We're just swapping the commercial space for the

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residential space. And then I just wanted to give you to show that, that at one point,

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this was two family dwelling. And actually here is considered an ice cream shop and candy store.

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So where I grew up, like this is where that's what you, not, I didn't grow up in Philly. I grew

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in new york but this is kind of what you would see you would see this kind of like lower level

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use where you have residential above and you have this lower level use it's kind of like more but

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like a neighborhood feel that was that this was that type of property and then here you can see

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we have a rental license for two units again we're not going from one to three we're going from two

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to three and then we're a corner property here um again not out of character even though this is an

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rsa5 property to have multi-unit use just generally um here we have a long history of that

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and then photographs of the property here um you know again the residential units above on the

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first floor and second floor would have an entrance entrance through unru and then we'll

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go see the side on summerdale this is the separate entrance on summerdale and you can see there's

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windows are ready and everything's above grade. So, um, but this is where the old commercial space

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was. And then you can see here in the back, there's existing, uh, curb cuts, like a common

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driveway in the back. We're looking to eliminate these park, these parking garages, and we're

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going to put two doors and windows in the back. So there would be enough light in there on the side

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and on the rear and everything's above grade. So there's multiple forms of egress for this,

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this unit and then this is en route to the right of the property to the left of the property

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sommerdale to the right of the property until left of the property and then um the orange notice

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posters as well something's weird with i guess how we saved it uh and then the orange notice

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poster that's the front door for the uh lower level unit and again we didn't change that in

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anyway maybe there's a new front door but um that's been in existence forever and you can see

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there's windows along the side as well that had a wider angle shot before and then our plans and

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drawings um what we also introduced which was not there previously uh was a window well uh towards

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uh the front of the property as well because you know we're going to have lower level use

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we wanted actually so now there's four ways to get out of here you can have the side door which

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you saw which is existing we're going to have in the rear we're going to have two doors where the

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We're going to have in the rear, we're going to have two doors where the garage doors were.

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garage doors were

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And you'll see that with more windows.

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And then also here, there's an egress well as well.

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And so you understand this was the original use of the look at the project.

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But this is what we originally were trying to do, just a one-bedroom, one-bath.

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What we did was, and you'll see that later on, and this is very involved.

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my client i think was very ambitious on this project and you know we we're getting all rid

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of all this so um you know sometimes the community saves a client because i don't know financially

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that would make would have made sense but um as you can see here here's the parking spaces the

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compact parking spaces the parking pads here's the egress well here oh and you know and here's

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existing you know front door but you got one entrance or exit another one front door and then

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you'll see in the rear we added more windows in the back this is where the the parking uh garage

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was where you added additional windows and two extra doors just i you know again he wants two

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doors but also added more windows um where the egress well is as well and then this is just our

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floor plan again above grade you walk this side entrance you have a living room the kitchen and

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the bathroom you can see there's windows here there's a window here there's the egress well

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here with a window here and then you have like you know you have a kit your kitchen here and

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one full bath here one full bath here laundry facility here and then two bedrooms again with

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two additional windows, and then each bedroom has its own exits just for emergency purposes.

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RCO meeting notice, we met with the community on November 7th at 6.30 p.m., only one meeting.

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Every time we send out the notice a few weeks beforehand when we mail it out and get proof

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of mailing, we also email it to the coordinating RCO and relevant parties. We sent that to 138

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addresses. These are the addresses we sent it to. Proof of mailing to those addresses.

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or application for appeal that we filed on Sharon's behalf,

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along with the original notice of refusal,

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which was even more refusals,

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and we only have one refusal now for use.

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E-tip property showing that she owns the property

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and the certificate of tax clearance.

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While it shows a balance, there is none

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because that's not due to March 31st of 2025.

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With that being said,

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i would ask that sharon uh virtually raise her hand uh she's i believe in the virtual audience

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sharon

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hi i see no sharon with the hand raised

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yes do we see anybody else sharon john i know john i know her husband

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is online, too. I don't know if he's with her.

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I see it. Sharon Johnson

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will be promoted. Thank you.

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She has been promoted.

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Could you please state your name

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and spell for the stenographer?

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Sharon?

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can you hear me hello can you hear me yeah is is sharon there no i'm her husband uh okay i'm

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representing uh my wife sharon johnson okay could you please state your name and spell it for the

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stenographer my name is lancelot johnson l-a-n-c-e-l-o-t johnson j-o-h-n-s-o-n do you

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swear or affirm to tell the truth, the whole truth

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and nothing but the truth? I do.

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Mr. Nockmson? Yes.

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Lance, you heard everything I had to state today

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about your zoning matter.

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Yes, I did. And is it true

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and correct? Yes.

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And do you adopt this in your own testimony?

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I do. Thank you.

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Questions from the board?

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Yeah, I have a question.

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So the repairs to the third unit,

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are they already done?

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Question one. And then the

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RCO has claimed that they were already rented out that unit as a triplex.

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So my understanding, and I would ask, I would defer to Lance.

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Lance, has the work been done on the property to date for that third unit?

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Which work are you referring to?

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Is the third unit a residential unit at this time?

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And then have you rented that out?

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No, no.

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The unit is vacant.

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There is no one living there.

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No one living there is only being used as storage right now.

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It's only being used as storage right now.

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And I would like to highlight that.

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And the work is to be done.

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Obviously, when it goes to a triplex, there has to be a lot of work done, not just on that particular unit, but throughout the building.

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And I was going to highlight that.

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By going from two units to three units, he's going to have to sprinkler the building in order to get the CO.

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And I let all my clients know that.

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so there's actually more protective measures in a way to go from two to three units something to

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be mindful as the zoning board can you tell me you said that this had been approved for

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two family how and when when was this um so if i'm going to share my screen again there's

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a history of this but i also have a rental license which shows two units as well when uh let me go

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it's it's it started in 2005 i don't there is no inactive date to it so it's it's an active

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rental license right here well they knew we purchased the bill we what no they do have to

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renew it every year but it's currently active and then i pulled from the city records that

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i i can't see but i think it's like 1978 this went from a two-family dwelling to a two-family

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dwelling with an ice cream shop which is when it looks like here in 1978 okay and you're saying

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that the rental license is from 2005 it starts in 2005 it's up it's up on the screen right there

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but i can't oh okay i i mean okay sorry okay yeah i have it on the screen okay all right um

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yes to me please

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oh thank you do we know the last time that it had been utilized as a commercial property

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i i would defer to lance um it looks like this was purchased in 2024 is that correct

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no it was it was it was it was purchased in 2000 2004 2004 i'm sorry i have the wrong

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and and we have never used it uh as you know i i think the the the uh commercial aspect of it

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predated us uh you know we we have not used it in that that manner yeah but but again going to the

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to that lower level unit or space that's not connected in any way to the residential space

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right you know i get that it has a separate door i was just wondering like when was the last so

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they haven't used it as a commercial space and then could your client walk us through

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their plan for that commercial space like what type of food what are they oh there is no commercial

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we just want to make just an apartment we just want to make just an apartment it's going to be

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a triplex we're getting rid of all the commercial all of the commercial all the commercial gone

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like all we want to do is swap out make that space into a residential space right yeah so

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yeah i think that's what kind of confused because i was confused for a minute because you long time

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explain in the past and it's really it's just they wanted to do a bunch of commercial stuff

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they didn't decide to do it they're doing just three residential units it has access directly

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out to the side of the street it's already there that's right closing off the garage making it

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bedrooms and it's a fairly decent layout and they've got direct access and probably the ceiling

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heights and they're right off the streets i don't see that that's a big issue yeah i believe it's a

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over 900 square feet, maybe 1,000 square feet to take that

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garage space. Or two bedrooms, that's right.

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And they do have the door directly out to the street, and they do have the

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windows right there to the living

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room, and they've got windows and everything for the bedrooms because they're closing

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off the garage. And they're in the corner.

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That's right. What is the hardship to them

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just using it for the two units why do we need to have this third unit in the basement well

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because the third unit there's no access from the interior for that for any of the residential units

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it's a standalone unit it's just had a commercial history and it's not been used since 2004 for

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anything i think the community was upset to have any commercial use there and you know we're looking

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to have the residential use solely there and again how it if it looks like a duck and quacks

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like a duck it's a duck and that is a separate entrance it's not like we're creating it out of

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thin air it's not like we're you know you see sometimes people will take the garages and add

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It's not like we're, you know, you see sometimes people will take the garages and add doors and then they have this wonky thing where they're like, OK, the entrance is in the back.

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doors and then

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No, we have that for emergency egress purposes. Plus, we're a corner property. So we have, you know, this is a separate unit. It's just what do you want to do with that?

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And I think in terms of eyes on the streets, it makes sense. Otherwise, it's actually a security risk to have a separate door where it's like a whole unit in itself.

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so thank you one more question so is the are the parking spaces going away as well

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there's gonna be we're making them parking pads so the parking pads is still ideas to have three

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compact parking pads two two okay and then can we explain the hardship around not having the rear

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yard i don't think anyone has a rear yard there like it's again if you look at driveways in the

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back all the way everyone uses it for their parking so the pictures here and

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and i think the rest of the block i'm just looking yeah it's strictly at the refusal being

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for rear yard yeah if you look here again it's probably not the best angle but our next door

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neighbor is using it just like how we want to use it i mean most people who have garages don't use

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their garages as garages they use it to store their stuff and you can see here they're the

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next door neighbor is using it he's using his driveway as parking pads which were which we

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would be using it that way too questions from the audience questions from the virtual audience

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i see no hands oh i'm sorry chair i hear a hand up by emmanuel wilkerson will be

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Yes, I'm promoted.

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Hi, could you please state your name?

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It's spelled for the stenographer.

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Yes, can you hear me, Mr. Chair?

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I can.

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So sorry.

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I'm sorry.

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My sound's going in and out, but this is 1201 Unruh, correct?

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It is.

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Yes, I'm just here to testify on behalf of Councilman Anthony Phillips to testify that

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the councilman is in opposition of the proposal all right and mr wilkerson you were sworn earlier

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today yes sir right thank you for taking the time to cause um planning commission

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thank you chairman and good afternoon david effecta with the city planning commission

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chairman of board members the comprehensive plan recommends no change to the rsa 5 residential

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single-family zoning at this location the appellant has revised their proposal to remove the proposed

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commercial spaces and to cure the dimensional variances this is an entirely residential block

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face the appellant proposes to change a former basement commercial space into a residential space

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bringing the property closer into conformance with the residential zoning the city planning

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commission recommends the board grant or proposed use variants for three dwelling units thank you

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No, we're going to hold this until we have an inventive refusal.

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Now, Mr. Nakamura, let me just tell you the schedule I have here.

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I have six cases left on this 2 p.m. group.

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What I want you to do is step down.

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I'm going to bring two in.

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Okay.

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And then bring you back two, and then the two on the phone will go last.

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I appreciate it.

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Thank you very much.

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Number, let's see here.

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