civus
Hearing video

ZBA Hearing - July 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20204h 53m

Wharton.

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We can debate that, whether it's residential or not.

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It's a mixed bag.

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And this project, to me, is a mixed bag.

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21 apartments versus 21 of the Saunders operation.

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And I just wondered if it's possible.

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I mean, something I've been thinking of before we take a vote on this, to have a conversation

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with the folks in Old City to see what their experience has been.

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Again, because I see this as a mixed bag.

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There's some benefit, as Mr. Phillips pointed out,

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about less cars loading, unloading, and things of that nature

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versus an apartment.

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But apartments sometimes are more stable

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because people are going to stay there for a year or two

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and they're part of the community.

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They become part of the community.

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So I just had that thought in mind

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that if it's something that you'd be willing to undertake,

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we can hold this for 30 days.

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If not, we'll vote on it.

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We can vote on it now.

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And there are similarities that you raised, Suzanne,

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about the same situation occurred at 13th and Reed.

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The community at that point had no choice

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but to accept a multifamily dwelling

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due to the discerning error that I created many years ago.

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but it seemed when the project was finally complete the owners the owners of that

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that building decided that they wanted to go a different direction and

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as was pointed out this board denied that that change in use. Mr. DiCicco I am I would be very

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happy to have a conversation with Old City but it's not going to change my opinion at all

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regarding this type of use at this location in our neighborhood or any location in our

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neighborhood. I think it's absolutely wrong. And as I stated to you last year, when we spoke about

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the development of 13th and Reed, one of the other issues, take away the variance change,

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take away Sonder as the operating company. The other issue, the third issue is that

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the zoning stays with the property. There is nothing that's going to stop this from becoming

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a courtyard or Marriott or whatever. We have absolutely no idea what the post-COVID-19 world

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is going to look like. We are still in a COVID world right now. We have no idea the viability

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of any company in this country right now. Absolutely none. And this is just playing

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Russian roulette with this neighborhood. Thank you. I appreciate it. If I can respond to that

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concern? Briefly, Mr. Phillips. Very briefly. With respect to zoning going with the property,

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I agree with that. However, we are seeking the variance just for the second through fourth

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floors. The layout remains residential units, so there would be no front desk, and we would agree

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to provide those for no loading zone, no valet parking, no front desk, to give Ms. Tavani and

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any member of the community the comfort of knowing that this is not going to become just a standard

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everyday hotel, that this will still be treated as if it were 21 residential units that are being

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leased out to individuals who want to come visit and experience Philadelphia, and more specifically

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Pachyon Square. Thank you. Okay. Again, I'll ask questions from the board.

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I have not a question, but a comment.

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What about having...

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What about the have a mixed use one floor for Saunders and the rest regular

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apartments? How would that work out? Well thank you Mr. Holliman. So the lease is

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actually for all 21 units so there isn't there would be no mix between

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residents and the occupants of the Saunders. I do know, and maybe Mr. Living can speak to this,

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but I don't know how dramatic it is, but they do have other properties where there are mixed uses

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and the individuals for, you know, they put certain specifications and restrictions in place

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to ensure that the individuals who are renting out the Saunders do not disrupt or disturb the

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tenants of the building. However, here, the lease does propose all 21 units. It does provide that

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bit of economic stability for the space. And quite frankly, if we fully expect this to work

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out sondra is very well financed they've raised a lot of money but if after three years it doesn't

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we'd be right back at the uh full residential units multi-family use yeah this is andrew levin

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from sondra uh this is not uh moving forward sondra is only looking at full projects and

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wanting to be able to control the entire buildings uh for our guests it's it's better for branding

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and operations, so a floor within this building

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would not be an option for us.

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And to follow up on the money raised,

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we did just close our Series E fundraising

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of over $170 million.

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Thank you, Tom.

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Thank you.

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Any other questions from the board?

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Planning Commission.

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No, I'm okay.

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we have no position on this case

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repeat that

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not taking a position

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thank you our position was stated in the last time this case was heard

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thank you all right calendar number three nine three oh six eight three three wharton street

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my vote is no my vote is no my vote is no my vote is no thank you that concludes right mr chairman

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i believe so tanya we we conclude this morning's hearings yes sir

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okay thank you see you all at two o'clock you got it stay safe

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ready to go perfect you're live oh thank you good afternoon everyone my name is frank de chico

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I'm the chair of the Zoning Board of Adjustment.

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We have a quorum, so I'm officially calling this session to order.

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In attendance on the board is our secretary, Mr. Confessor Plaza, and our two board members,

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Mr. Thomas Holloman and Mr. James Snell.

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We're also joined by our city solicitor, Ms. Sharon Saleta, and our board administrator,

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Ms. Tanya Sunkett.

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As you're probably aware, today is our sixth day of holding virtual hearings.

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While we may have to make some adjustments along the way, our plan is to call each case and basically proceed as we would have in a live hearing.

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We ask that attorneys for the applicants or other interested parties identify themselves for the record when the case they'll be participating in is called.

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We will then hear the applicant's presentation, followed by any presentation by lawyers representing other parties.

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Interested parties and members of the public, not represented by council, will then be given an opportunity to testify.

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We will finally hear the recommendation of the Planning Commission.

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At the hearing's conclusion, the board will either vote the matter out immediately or hold it for discussion in executive session.

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Any case held for discussion will be voted on at the scheduled meeting of August the 5th, 9.30 a.m.

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A couple of changes related to the virtual format.

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First, we will be administering oaths to individual participants to testify rather than to the rumors.

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to individual participants to testify rather than to the room as a whole, since we do not have a

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room. Second, for the benefit of anyone participating by phone, we ask that attorneys

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and witnesses identify themselves prior to speaking or testifying. Third, we'd like to

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advise everyone that this proceeding is being recorded and that by participating, you acknowledge

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your agreement to be recorded. As we said, if anyone wishes to testify, please raise your hand.

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Ms. Sunkett will go over that procedure shortly. I would ask attorneys to please limit your

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testimony to those issues that are extremely necessary to your case, and we're asking that

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cases be limited to one hour in total. I think I covered, yep, I think I covered everything. Tanya?

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Yes, if you have come to the hearing via telephone, when you call in and you wish

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to testify, you must raise your hand, and you can do that by pressing star 9, and then

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when you raise your hand and are acknowledged to give testimony, then you will push star

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six, to unmute yourself. Thank you. Okay. Some of the continuous withdrawals for this afternoon.

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It's calendar number 39875, 2046-50 Lehigh Avenue is being withdrawn. Calendar number

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39425

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1122

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Oak Lane is being continued

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calendar number

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39635

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1307

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Germantown Ave

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is being continued

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calendar number 39825

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1437

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Parrish Street

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is being continued

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calendar number 39919

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1909

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North 4th Street is being continued. Calendar number 39914, 203 Diamond Street is also being

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continued. Calendar number 39226, 2100 South Oakville Street. It's been continued. Calendar

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Calendar number 39405-5113 Renstedt Street is being continued and calendar number 39911712

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North 34th Street is being continued.

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If you feel that any of these cases has been read in error, please raise your hand and

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let us know.

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Thank you.

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and while we're doing that if there are any other requests for continuances or

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withdrawals please raise your hand and acknowledge that now please

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and if not can I say there was um at the last session we agreed to hold the vote until the

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beginning of this session on calendar number 39440 2018 Fairmount Street the um the provisos

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that we came up with that are summarized from what was presented are as follows. One, only hand tools

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and small-scale light industrial equipment for artisan industrial use. Two, hours of operation

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9 a.m. to 10 p.m. seven days and until 11 for special events. Number three, no music audible

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outside premises. Thank you, Sharon. My vote on calendar number 39440-2018

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Fairmont Street. My vote is yes with the provisos that have just been read into

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the record. Yes with proviso. Yes with provisos.

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okay uh any other requests for continuances or withdrawals frank uh the planning commission

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would like to also put our recommendation in on the last case sorry ron please proceed

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um this is the 28 2018 fair amount yes yes given the established pattern of multiple

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main uses on the block pattern we support the grounding of areas thank you very much again

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are there any other requests for continuances or withdrawals if we do not have we'll proceed

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with the hearing any hands go up Tonya

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Any hands go up, Tonya?

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Mr. Mulvihill, are you here for your case, or did you want to discuss a continuance?

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I am present. I just, good morning, or I guess afternoon, everyone.

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Leo Mulvihill, here for two properties, 137, or pardon me, 173 East Allen Street,

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950 Shackamaxton Street. I just wanted to note that although these were apparently scheduled,

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on the zoning board's calendar for 2 p.m. today, all of the notices that I received and the signs

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that I posted on the property stated that this was scheduled for 4.30 p.m. today. I am happy to

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proceed at this point, but I wanted to ensure the zoning board was just aware of the discrepancy

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between the calendar here on the zoning board site and the materials that I received previously.

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Understood. Before we make a decision on that, is there anyone out there who is listening in who wants to participate in the cases that Mr. Mulvihull has just identified? 173 East Allen and 950 Shackamaxon Street.

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Because I'm a little concerned if no one is on now, there may be someone who saw that notice and they figured they didn't have to get on for another hour and a half or so.

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So, if Mr. Mulvihill is willing to wait until 4.30, it should probably be heard then.

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Or could we hear the case and hold, go back into the case at 4.30 and ask if there's anyone,

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well, he still would have to present his case.

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Yeah, and they wouldn't be able to respond to his presentation.

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Yeah, understood.

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Yeah, yeah.

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I'm happy to come back at 430 if that's what the board would prefer

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see you then Mr. Mulvihill thank you and I'll advise my clients to be there as well

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thank you thank you

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okay we're ready to go confessor okay calendar number 39452

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341 Del Mar

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Mr. DeMarco, are you there?

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Mr. DeMarco, you've been promoted to a panelist, you can now speak.

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Thank you.

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Thanks, everybody.

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DeMarco, do you agree to waive the reading of his refusal and stipulate to its accuracy?

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Yes, I can do that.

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Mr. DeMarco, please identify yourself for the record.

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Good afternoon, everybody.

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Richard DeMarco.

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I'm here on behalf of Melissa Buckley, the owner of the property.

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We're here to legalize a front surface parking space.

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You swear in the firm to tell the truth, the whole truth, and nothing but the truth.

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Yes.

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Thank you.

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Please proceed.

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Thank you.

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I'll give an intro, and my client is on the call, though she's not in the room with me,

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Melissa uh so at the appropriate time um we can have her just verify my statements and if she

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wants to add anything uh I'm gonna I believe I fixed the issue whereby I can share my screen

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so I'm gonna try to do that now um you just hold on and I'll go through the critical exhibits I

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don't think this is controversial we did have our RCO let me do a brief intro we did have our RCO

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meeting back in January. It was a divided boat, but we obtained support for the proposal. And

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our hearing was canceled due to COVID-19. And we're here now. And again, this is legalization

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of an existing front surface parking space. And our variances are one for the space itself. And

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was using the space to park she paid a price which uh considered the parking space to be

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part of the property uh and um she's been up operating in that in that manner as do the other

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homes on the block all right so with that i will share my screen

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let's give me a moment

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can you see that photo

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don't see anything

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how about now

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