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Hearing video

ZBA Hearing - October 20, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20205h 24m

Davey Chategui Laura

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can I just ask my client one question because he's he was supposed to have a train the

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the um interpreter there with him um yes um mr chairman uh my client has an interpreter there

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for him so what i would ask is just that the interpreter interpret so that let's get the

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interpreter on the record name and address uh yes my name is evelyn nunas

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can you spell that please first and last name uh e d i l i nunez n u n e z

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you swear and affirm to tell the truth the whole truth and nothing but the truth

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yes um mr garcia yes mr etutagi i think the the inquiry for the board or the question

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that they had is regarding

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to the previous improvements

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that were made by the private owner.

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Can you interpret that, please?

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Mr. Chairman,

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I'm sorry.

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Mr. Chairman,

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would the board allow me

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to speak to my client in Spanish

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and then I can...

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Yes, that'll be fine. Just let us know what you're asking him.

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I'm sorry. I'm going to ask him again about the previous construction.

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I'm sorry, Chair, but we neglected to swear in the actual client.

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Yeah, well, I was... Okay, you got a point there.

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I would need their names on the record as well. Thank you.

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All right. So, Mr. Garcia, you heard that. Would you give us his name, full name, spell it?

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I'll explain to my client what's going on.

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Sir Echategui, en este momento lo que vamos a hacer, lo tenemos que juramentar antes que pueda hacer alguna declaración, ¿OK?

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OK.

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Mr. Chairperson, my full name is A-V-D-E-I-V-Y, which is E-C-H-A-U-T-E-G-U-I-L-O-R-A.

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Mr. Chairperson, my full name is...

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And does he swear to firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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No, dí que sí.

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Sí.

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Thank you.

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If I may proceed.

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Sir Chategui, cuando usted compró la propiedad, usted averiguó que anteriormente había nacido, ha hecho una modificación de construcción, ¿no? Un mejoramiento.

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Excuse me, this is Sharon Saleta. We're going to need someone to interpret both

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sides of this conversation so that we have a record of it.

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Yeah, we need to know the question, Mr. Garcia, and then the response.

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You know, Mr. Chairman, if this would make it easy, ask me the question and then I will

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ask it to my client and then I'll interpret or give you the answer in English if that's okay.

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Okay, is your client, was he the individual who did the addition to the second story?

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Does he know what type of, what the construction looked like?

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Was it an addition to the rear of the building?

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La construcción al edificio.

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Fue un trabajo que se le hizo a la parte trasera del edificio.

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La verdad no sé, porque cuando yo compré ya estaba todo listo.

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He says he really doesn't know because at the time that he purchased the building,

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everything was completed.

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All right, so really this is a legalization, correct me if I'm wrong.

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of a second story edition

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correct correct all right and the application

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also speaks to the erection of two awning signs

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with no copy on the sides of the awning that is correct

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all right and it's to be attached to an existing structure

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retail sales of food beverages and

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groceries within the within an existing takeout restaurant on the first floor and a single family

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household living above that is correct excuse me this is sharon salita again i don't know whether

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you're able to open it but i have um emailed all of the board members the submission the exhibit

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packet that was submitted which includes several photos

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um yeah that's the interior okay cheers i have brought up some of the photos that was provided

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in the perfect thank you so you can view as you need to all right those are the interior shots

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that's correct uh go back one please i just saw what looked like the second floor maybe

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a little balcony or something like yeah that's what i'm trying to get to for you

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the planning commission can see that right yes

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to the rear. Mr. Trevor, can I just ask my client a quick question? Sure. Just let us know what

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you're asking him. I'm just going to ask him if there's any, if the condition of the roof,

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whether or not the deck has been built, and whether there's any photographs on it.

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Yeah, Tandy, the only addition I think I can see a little bit of was towards the rear,

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maybe.

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I think it comes up better.

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Sir Chategui, la parte del segundo piso, el deck, ¿eso ya está construido?

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Sí.

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¿Y aquí no hay ninguna foto que se dio de esa parte?

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No, I don't have a photo of that part.

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No, yo no tengo foto de esa parte.

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Mr. Chairman, I just asked my client first of all whether or not the deck is already completed and indicated it was, but he did confirm that no specific photographs of the deck.

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Mr. Chairman.

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I think we got it. I think we may have it now. I think if we can rotate that, I think we may have that.

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there it is i i assume that's what the addition

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all right uh does that satisfy the planning commission

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and i mean i guess you want you want to know what materials were put on

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no i'm not going to be that difficult and what i want to explain is the way the refusal was

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written or the application was described that it was going on the second floor and so we were under

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the impression that that existing second floor deck or second floor deck was going to be enclosed

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with a deck on top of that so we just want the applicant or the attorney to state that is not

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happening no that that's not the okay that's not the thank you that clears it up that really does

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thank you very much for asking the questions for us. Thank you, Tanya. All right.

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You want to ask your client if he adopts your testimony, Mr. Garcia? Yes. Is it my

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lo que yo le había dicho, ¿no?

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Sí.

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Y aunque usted no habla inglés,

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usted entiende inglés, ¿no?

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Sí.

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Y todo lo que yo he dicho

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acerca del permiso

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que usted está exigiendo este día,

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si usted hubiera tenido

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la oportunidad de testificar,

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es exactamente lo que usted había dicho.

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Sí.

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Entonces, usted adopta

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lo que yo le he representado

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a la cámara.

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Sí.

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Muy bien.

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Ah, yes.

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He would adopt the testimony as presented today from me.

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Thank you.

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Any questions from the board?

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No.

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Planning Commission.

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I'm sorry, we forgot one thing.

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You applied for signs?

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Awning signs.

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That was the awning signs.

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We have no objection.

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Thank you.

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MI-2020-000725, 4861 North Howard 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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All right, confessor, could you hold off a second?

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We have five more cases.

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Does our stenographer need a break?

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Yes, please.

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okay all right let's take a uh 10 minute break please and be back there at uh hello

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i thank the board for its passions thank you you're welcome thank you uh it's 10 after so uh

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i don't know 25 after it's roughly 15 minutes right 14 minutes 25 after thank you yeah

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thank confessor you can continue thank you kindly you got mi 2020-000-040-5350 ogonts avenue

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hercules griegos we have someone for ogonts

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This is Kate Missimer's case, I believe.

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Kate, you've been promoted to panelists.

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You can unmute yourself and share your screen as necessary.

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Thank you.

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Good afternoon.

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Good afternoon.

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You sworn a firm to tell the truth, the whole truth, for nothing but the truth?

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I do.

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

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I do.

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Okay.

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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? I have. Rick also have you met with the RCO and have a letter? I actually received the

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letter while we were sitting on Zoom so I'm not sure if the board has received a copy but I can

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share my screen and show you that as well. Yeah we just got it but I think would be helpful to

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share it. We're just getting it now. Sure, no problem. So I'll go

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ahead and share and get started.

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Can everyone see my screen?

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can everyone see my screen yes thank you and did you want to swear me in first

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we're going to affirm to tell the truth the whole truth and nothing but the truth

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i do thank you kate katherine missimer 1835 market street suite 1400 19103 i'm here this afternoon

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on behalf of BSS LaSalle LLC, the equitable owner of the property at 5350 Ogons Avenue.

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For those of you that aren't familiar with this property, this is the former National Guard

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building. It's an armory building. This is located directly next door to both LaSalle

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University and Central High School. The location is a bit important in this case, and I'll share

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that as well. What you're looking at now are photos of our posting at the existing building.

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This application is for the demolition of the existing building and the new construction of

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a self-port storage facility at this site. As you can see, the current building fronts

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Ogonth Avenue. These are LaSalle buildings to the rear, and this is Central High School over to the

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right. Across from this is the Widener School as well, which you can see here. The aerial

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is pretty helpful in this case. This is the site here. This is wooded area to the rear.

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These are LaSalle University buildings here, and this is Central High School here.

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So we can skip down below the RCO information because we have connected at this point.

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This project did trigger CDR, so we went through the CDR process recently.

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We adopted some of the CDR committee changes to our plan, and that's why we do have revised

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plans today.

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In addition to a letter of non-opposition from the community, we do have letters of

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support from both LaSalle University as well as Central High School.

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Those are in your packets as well.

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And this is the community letter that was just received today.

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Go ahead.

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Can you open that up a little bit more?

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Yep, absolutely.

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Appreciate it.

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Yeah, thank you.

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Is that good?

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Well, yeah, then you're going to have to scroll over.

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Yep, no problem.

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So as you can see, a couple comments that they brought up.

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They did participate in the CDR process as well, I will note, and we've sort of been in ongoing discussions with them.

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A couple of things they want to continue talking about are the signage and the curb cuts.

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But they have agreed, given that the facility will not be operable from an office standpoint until after 9 a.m., that their prior concerns about traffic in the rush hour on OGONS aren't really a concern because, again, the office wouldn't be open at that time.

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So it's not to open before 9, but was there any mention of closing or the hours that would be operational?

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No, but my client is on the line and can speak to that.

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I do believe they would end up closing the office around 6 p.m.

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Okay, I just was curious because you're saying not before 9, but that leaves it wide open.

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Sure. I believe Sandra brought us from a concerned community, maybe on the line,

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but her concern was really the morning rush as opposed to the afternoon rush on Ogons Avenue.

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Just continue here, some more photos of the site.

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As you are all familiar, this site is zoned RSA 3, which is a residential zoning district.

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As you can see, this large piece to the north of us is central, this blue piece is LaSalle,

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this is LaSalle to the rear, and then this is Worcester Woods Park city-owned property.

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Widener Memorial School is across Ogons Avenue, and then there's more parkland here.

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We did receive a few refusals in this case, again, because the property is zoned residential.

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The biggest issue here is really the use, and this is a textbook undue hardship case.

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Because of the armory being at this site, there are environmental restrictions on the

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site that currently prevent residential use here.

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There are storage tanks below, as well as I believe there's some lead in the soil given

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