civus
Hearing video

ZBA Hearing - August 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 17, 20215h 9m

Philadelphia PA 19146. Okay. Do you swear or affirm to tell the whole truth and nothing but

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Okay.

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the truth? I do, madam. Okay. You may proceed. May I be allowed to be bumped up to panelists? I do

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have, I would like to share my screen if possible. Your screen? Tanya? I'm sorry. Mr. Richard,

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What is it that you need to share, just to be certain first?

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He's coming back in as a panelist, Ms. Sunken.

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He's coming back in as a panelist, Ms. Sunken.

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Mr. Richard, can you unmute yourself, please?

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And just advise the board, please advise the board what you will be sharing at this time.

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It's the document that I submitted yesterday.

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Perhaps you do all have it with you in hand, but there are some pictures on there that I'm going to refer to.

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And I just thought it would be easier if I share the document as well here now, in case you didn't have it.

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Okay, Mr. Phillips, if you can unshare.

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Thank you very kindly.

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you can go forward Mr. Richard. And excuse me this is Sharon of the board if you are able to

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access your email I did email those photos and letter. Okay thank you so much. And just for the

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record I know I have not yet received a copy of anything but again I don't have any objection per

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say. Just wanted to note that for the record. Thank you, Michael.

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Okay, I don't, can you see, it says at the top, good morning, vice chair, members of the board.

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Can everyone see that? Yes. Okay, thank you. And I guess now it's good afternoon,

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vice chair, members of the board. You can skip that sentence. I've come before you today

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with a number of hats on near neighbor who has lived in the affected community for 21 years

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since 2001 sasna zoning committee member and elected democratic committee person

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representing the affected 10th division that is adjacent to this 915 south 18th street property

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in addition to these hats i also come before you wearing a back brace and suffering from a mild

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brain injury to being hit by a car while bicycling. So please excuse me if I might sound a little

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off today. You sound fine. You can continue. Thank you so much, Vice Chair. What I have here

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in this appear, I'm sorry, what you have here in this appear appeal is a three-unit Cornell

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rental LLC wanting to make their backyard a parking space where the driveway to this space

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would go through a busy pedestrian walkway a pedestrian walkway sidewalk that is next door to

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the historic and very busy christian street ymca on the drawings that were submitted they have that

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ymca labeled as a commercial structure i guess that's what a ymca is but to me i don't feel that

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it is a commercial structure anyway that christian street ymc daycare excuse me that sidewalk and

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walkway is used, a pedestrian walkway sidewalk, that Christian Street YMCA daycare children use

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multiple times a day during recess, getting to and from their YMCA playground just across the

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street. If you look at this drawing here, the aerial view, there's 915 South 18th Street.

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The kids come out of the back door of the Y, walk down to the crosswalk, and then walk over to the

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YMC playground. The sidewalk is also used that other children use to and from Stanton Elementary

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School and the Carpenter Green Park, both just down the block. This is Montrose Street. Just down

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the block at the corner of 17th and Montrose are Stanton Elementary School and also Carpenter Green

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Park. That is complete. The sidewalk and driveway is completely opposite to the principles and

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efforts of the Susana's walkability plan and its safe pathways to our school initiative.

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Some links there you can check on it. Part of that initiative at the crosswalks at Stanton

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Elementary School, so that would be 17th and Christian and 17th and Montrose. We're going

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to be painting the crosswalks where they are more visible to the vehicles that are passing

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to vehicles that are passing through they're also doing that at the chester arthur elementary school

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through. They're also doing that at the Chester Arthur Elementary School.

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um here you see our councilman

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also the sidewalk and driveway is opposite in principle to the city's vision zero action plan

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2025 to reduce and prevent vehicle fatalities and and primarily it does that by just saying

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And, you know, when pedestrians and vehicles, you want to reduce their interaction as much as possible.

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Also, the sidewalk and driveway that's proposed here are used by many voters from four divisions used on election day to enter the YMCA polling place and vote.

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The polling place right now goes through the back door, the same door that the children exit to go to their playground.

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My division is over here, the 10th division, and so are all the other three divisions or the two of the divisions that I speak of.

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So they all travel down this road, down this sidewalk, past this proposed parking space to enter to vote here in the YMCA.

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And that if approved, as I stated above or as I'm about to state, would mean the permanent loss of one to two parking spaces for Montrose Street.

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relative to the claim by the appellant last month at the sasna zoning committee meeting

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that there already exists a curb cut that is not an accurate statement the appellant

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strawlings also make that claim this is the curb cut or what i guess quote unquote what is claimed

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to be a curb cut um for the 915 south 18 property this is montrose street this is the um what you

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have here is not a curve cut this is just a worn down 130 year old blue granite stone curve and

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it's actually similar to the stone curve that i have on my block it's just a worn down so you know

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if that's a curve cut then my whole block is a curve cut okay and so and you see here in the

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drawing that he just uh displayed it's claiming existing curve cut i i don't agree with that

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Also in this drawing, and I guess you could say it might be a minor point, the drawing has the property at 18 feet.

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The property actually should have been labeled 17 feet.

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You can check that out.

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Objection.

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Objection.

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Noted.

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So noted.

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In fact, you know, you might seem to be trivial, but if you use that parking space for a 20-foot pickup truck,

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then it's certainly going to be extending out into the sidewalk and that might be an important

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issue to consider. I'm sorry, Madam Chair, I hate to interrupt. This is Tanya and I just would like

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to respectfully note that we're closing in on our hard stop time. I'll be finishing up shortly.

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Shortly within a couple of minutes because we really do have to end the hearing. Yes, absolutely.

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Thank you.

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Okay.

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One thing, too, I also want to bring up is fact.

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Yesterday, I reached out to the YMCA, and they were unaware of this appeal.

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Objection to hearsay.

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Well, I do have the email.

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I can share that with you on this.

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Still objection is hearsay.

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All right.

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All right.

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All right. But I will say that, as she said, we are in support of opposing the zoning for this parking space.

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How unfortunate it would be after hearing my testimony that you grant this appeal, even though the Sassana Zoning Committee voted no, and all near neighbors I have spoken to are against this backyard parking spot, which I said, if granted, would eliminate one to two parking spaces, as well as endanger the lives of pedestrians, especially the little ones.

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objection to this uh this photograph which has nothing to do with it

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no but it would be a similar photograph as what you're proposing if you're successful

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that would occur for hundreds of children i'm sorry i'm sorry mr richard if i could

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i hate to interrupt again but please note you are just testifying and you will not

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enter a back and forth discussion with the attorney thank you very kindly oh my apologies

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um so in in closing i will say i hope and pray for the safety of our children that you oppose

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this backyard uh space being turned into a parking space and uh uh and as far as conformity

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um i moved into the neighborhood and i just want to say i moved into the neighborhood in 2001 he

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mentions about this has been a parking space since 2004 a lot of things went on in the neighborhood

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in 2001 you know there wasn't and just because some

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in 2001 you know there wasn't and just because something has existed for all long but I guess

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what I'm trying to say when I moved into the neighborhood it was kind of like uh anything

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goes kind of a neighborhood and so you know we had drug dealing in the corner and shooting and

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all that kind of stuff just because we had all that for a long time doesn't make it legal so

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I don't think this parking space should be legal as I said I was a person recently hit by an

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automobile and i'm certainly passionate about that i don't think we in any way wherever we can

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we should not have vehicles interrupting pedestrian walkways especially when these walkways

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are being used by the ymc the historic ymca christian street right next door thank you so

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much richard so what you're basically saying is you're opposed to this i am definitely opposed

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okay thank you uh does anybody have any questions no is there anyone is there anyone in the virtual

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audience madam chair we have france pierre please unmute yourself and please wait for the chair

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Okay.

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Hello, Frantz Pierre, Council Member Johnson's office.

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That's F-R-A-N-T-Z, last name Pierre, P-I-E-R-R-E.

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Do you swear or affirm to tell the whole truth and nothing but the truth, Frantz?

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I certainly do, and good afternoon, Madam Chair and fellow board members.

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Thank you. You may proceed.

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yes uh due to the near neighbor opposition as well as the uh community at large the council

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member does join the community in their opposition to the appeal thank you planning commission

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good afternoon ian litwin planning commission staff comprehensive plan recommends no change

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to the existing residential multi-family zoning at this location the code states that residential

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parking shall be permitted in the required rear yard of an attached building when the parking is

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accessed by a rear alley or shared driveway this parking space does not meet these standards

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therefore the city planning commission recommends the board deny the variance

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thank you and once again the board has no questions correct calendar number 1091

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Madam Vice Chair, if I could just respond. Oh, there you are. Yeah. I forgot about you. I apologize. If I could just make one quick reply because I do respect the Planning Commission's position and it is not our position that under the current code that this would be permitted as this does not reflect a rear street.

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However, I think it's important to note that this was a permitted condition under the prior code, which only required one family, existing one family properties and duplexes to obtain certificates from the zoning board in order to provide off-street parking.

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All other properties, including multifamily and triplexes, as this is, were permitted to have the off-street parking provided there was the rear yard.

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It was behind the rear yard requirement.

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We have shown that this was behind the rear yard requirement, and we've shown that this condition has existed since 2004 and has been utilized that way continuously.

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Therefore, it is our position that this is a pre-existing non-conforming condition that is permitted under the zoning code, and it does not require a variance.

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And I also lastly want to note that SASNA did not submit a letter of opposition.

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they submitted a letter of deferral noting that there were various uh positions taken

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at the community meeting including uh numerous people who are in support and who also empathized

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with my client who purchased this property with this condition in 2016. i have nothing further

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thank you calendar number 1091915 south 18th street my vote is no

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professor plaza my vote is no james snell my vote is no thomas holliman my vote is no

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thank you board this concludes the um i'm sorry madam chair this is tanya sunkett

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if i may make a request yes i know i know the previous case that was continued um for attorney

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Young has been listed numerous times. If I could request that we have that as a must be heard,

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I would appreciate it. Certainly. Calendar number 1010-2608 West Dauphin Street.

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This case is continued and it must be heard. Thank you very kindly. That concludes my business.

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Thank you very kindly. That concludes my business.

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Sure, and I think this concludes.

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Sure, and I think this concludes our business.

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Yes, Chair.

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Thank you. Everyone, thank you so much.

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Today was a technologically crazy day.

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See you guys that too, okay?

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Okay.

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Okay, thanks, Professor.

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Take care.

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Bye, everyone.

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Bye-bye.

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Bye-bye.

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Ms. Doyle, we'll...

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Thank you. And before we begin, do we have a court reporter?

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Yes, Chair.

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I'm here. Thank you.

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And just let us know if we run over and you need a break. Just let us know you need a break, please.

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Thank you very much.

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Thank you. Okay. We're ready to go, Tanya?

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Yes, Chair. We're ready. You can begin.

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Thank you. Good afternoon, 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,

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Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator, Ms. Fatina L., and our board attorney, Ms. Sharon Saletta,

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are also in attendance, as is the zoning board's administrator, Ms. Tanya Sunkett.

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For those of you who haven't yet participated in one of our virtual hearings,

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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, we'd like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded

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and that the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself. I'll repeat.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting

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star nine and then star six to unmute yourself. Finally, to enter an appearance statement,

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call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I will repeat that.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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And I would like to remind everyone, please do not attempt to testify in the chat.

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Any comments or concerns should be directed to Ms. Fatina L., our court administrator.

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With that, I will read off a list of the cases that have been requested to be continued on our two o'clock list.

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number two MI 2021-001108-2500 Wilmot, WILMOT Street, Attorney Moving Party. Case number four

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MI 2020-002583-3959 Lancaster Avenue. I understand there was an agreement between the

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attorney for the applicant and I believe the attorney for the protestants to continue this

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case. So it was a joint agreement between both sides. Number five on our list. Is anyone here

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for MI 2020-000299-4363 Main Street? We have no exhibits and this is the fourth listing.

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I see no hands chair. Okay well I'll wait till we get down to that one just in case they're

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getting on late. Having said that is there anyone who would like to request a continuance or

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withdrawal at this time? If so please raise your hand. Chair we have Shoshana Bricklin.

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Good afternoon Miss Bricklin please identify yourself with a record spell your full name

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and i'll swear you in it's shoshana bricklin s-h-o-s-h-a-n-a the last name is b-r-i-c-k-l-i-n

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i am the attorney for the um applicant in this case 7037 old ounce oh you want to swear me in

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never mind chair this is number eight on your list okay do you swear for him to tell the truth

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the whole truth, nothing but the truth?

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I do.

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I see there are no exhibits.

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Are you requesting a continuance?

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Yes, and by way of explanation,

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the parties, the applicant and the community

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