civus
Hearing video

ZBA Hearing - October 6, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20214h 21m

fast enough and because of that i didn't receive any notification or have any time to really do

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anything so now at this point we have to start from ground up um and hopefully everyone understands

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where we're coming from all right um thank you i i rest on that then does the board have any

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questions no no no planning commission uh madam chair and members of the board this is mason

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Austin speaking for the planning commission hi name and can you spell your last name sure a-u-s-t-i-n

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Sure. A-U-S-T-I-N.

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Do you swear if I'm to tell the whole truth and nothing but the truth?

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do you swear if I'm to tell the whole truth

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I do.

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Okay. What is your recommendation?

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Sure. This property is designated for multifamily mixed use in the comprehensive plan and is zoned in accordance with that designation.

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Four units are permitted by right and an additional two units can be earned through the mixed income housing bonus.

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granting the variance for these two units in excess of what is permitted by right

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for the same benefit to the applicant as could be earned through that bonus

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without the applicant providing the public benefits necessary to earn it.

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Because there are no particularities to the lot, that would constitute a hardship

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or necessitate either of these variances.

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Staff of the Planning Commission recommend that they be denied.

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You're saying there's no hardship?

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That's correct.

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Madam Chair?

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Yes, I know the audience.

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Is there anyone in the virtual audience?

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who would like to speak to this case i see no hands madam chair okay thank you calendar number

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two four does the board have any questions no vice chair no calendar number two four six four

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1128 North 41st Street. My vote is no.

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Confessor Plaza. My vote is no.

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James Snell. My vote is no.

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Thomas Holloman. My vote is no.

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Calendar number 2573, 1418 West Allegheny Avenue. The attorney is Lee Elsley.

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We have no RCO letter. No RCO letter from either Tioga United or Swampoodle.

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unless, Rebecca, you've received one that we're unaware of.

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No, I have not.

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Okay.

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Mr. Elsie, can you put your name and address on the record and spell your last name, and I'll swear you in?

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Yes.

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Lee Elsie, E-L-S-E-Y, Elsie Legal Services, address 1476 Mondock Road, Drescher, PA, 19025.

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Thank you.

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

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Yes, I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I do not.

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You don't?

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I don't.

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I want to make sure that we had a revision to the refusal.

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I wanted to make sure we had the right one on file.

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Is the right one on file, Rebecca?

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Or Tom?

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It should have a date of 9-27-2021.

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Madam Chair, this is Tanya.

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Yes.

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May I speak?

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Oh, sure you may.

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So, Mr. Elsie, was that refusal submitted in the package you recently sent?

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Yes, it was.

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Okay.

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So, thank you, Madam Chair.

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If you decide to approve the variance or special exception, I would ask that it be per refusal with the new number that Mr. Elsie could provide to you.

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And therefore, it would be in record that this is the amended refusal.

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Thank you.

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Is that a ZP number?

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Yes.

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Okay.

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Mr. Elsie, do you have that amended refusal number?

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Yes, thank you. The number is ZP 2021-005750.

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And if I could also ask Mr. Elsie, was the amended refusal submitted with a letter from the ZBA

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office the request um i'm sorry which letter from the zba office so may i interject there is

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there is a notice of refusal with that number and the 9 27 2021 date on it in the updated

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refusal sent this morning so we do have a copy of that okay great mr elsie did i swear you in

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Yes.

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I did.

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Sorry.

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Okay.

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And have you emailed the exhibit packet with all of the required documents, proof of ownership,

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tax compliance, refusal, referral, photos, and or plans of the property five days in

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advance of this hearing, and have you met with the RCO, and do you have a letter?

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I have all of those things, including a letter from the RCO, except we do not have our tax

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clearance.

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Okay, so, Tanya, is this a hear and hold?

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Okay, so Tanya, is this a hear and hold?

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It's up to you, Chair, for them to proceed forward with the hearing and hold it until

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the text information can be provided at a set date that you give, typically 30 days,

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uh variances from the zoning board in 2009 sorry 2007 as a two duplexes they're smaller size than

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our project on the other side is 1414 and 1416 west allegheny um 1414 has a zoning variance from

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1990 for five units and 1416 is a zoning variance from 2008 for three units plus commercial and

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across the street 1413 1411 and 1409 all received variances for four units in 2009

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as well as the temple loft building which includes 46 units our zoning posters were posted

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September 10th, according to the standards

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of the zoning board.

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And here is the deed.

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Mr. McCray, you've heard everything I've said

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about the units, their prior use

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and their existing condition.

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Are you able to confirm that?

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Yeah, I'm able to confirm it.

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Here is our proposed use of the building.

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Great. That's what we want to say. So we have

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three units in total. Unit one is the entirety of the first floor as well as the cellar.

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It includes three bedrooms, two and a half bathrooms.

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unit two is located on the second floor includes two bathrooms sorry two bedrooms and one bathroom

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and unit three is located on the third floor includes two bedrooms and one bathroom

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as well our zoning plan this is the revised zoning plan with streets approval this has also been

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re-examined by the lni examiner at this point shows an existing building with a change of use

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And we were able to meet with Tioga United.

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We had a meeting sent with due notice.

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Meeting was held on September 30th.

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Tioga United, representatives from Tioga United and Swampoodle were in attendance and

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And we have two votes of support, no opposition, and also provide evidence of the mailing we

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sent out on September 22nd as well as our certified bulk mailing receipt showing 109

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addresses does the board have any questions so far no no chair no are there any other witnesses

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in the virtual audience who would like to testify madam chair we have charles excuse me charles

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Richardson. Okay, Mr. Richardson, your name on the record and spell your last name and I'll swear

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you in. Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bath, room 312.

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I'm already sworn in from this morning. Okay, I forgot. That was a long time ago. It sure was.

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Madam Chair, we got the same letter that Mr. Elsie got. We got it actually yesterday

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afternoon. I just had a quick question of him. It says all meeting attendees was seven. So

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did anyone from the community show up other than the RCO committee?

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No, we did not have anyone show up outside of

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people from another meeting and the RCO committee.

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Okay. All right. Councilwoman has no objection based upon the letter that we received from the RCO.

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Okay. Even though no RCO members were present or neighborhood people were present?

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No community members showed, but he has shown that he did mail to 109 individual properties, but no one responded.

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109 individual individual properties but no one uh responded no one came out all right

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okay and once again does the board have any questions no madam chair no no planning commission

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thanks jim

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apologies my computer's still reacting uh mason austin recommend on behalf of the planning

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commission um the property is designated for multi-family mixed use in the comprehensive plan

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but it is zoned for single family residential it is located less than a block away from a subway

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station is adjacent to a major center of employment the proposal would be by right under the zoning

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district that is recommended in the adopted district plan and therefore pcpc has no objection

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to the granting of the service so and there's no one else in the audience who would like to testify

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see no hands madam chair thank you calendar number two five seven three fourteen eighteen

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west allegheny avenue my vote is yes as per amended application zp-2021-005750

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professor plaza my vote is yes with proviso

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my vote is yes with proviso thomas holloman my vote is yes with proviso

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thank you mr elsie thank you madam chair and members of the lord

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sure calendar number 2642 1937 east letterly street the attorney is joseph consul

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there's no rco letter from east kensington neighbors association no rco letter

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from new kensington cdc but we do have a letter from councilman scroll it in non-opposition

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and he refers to the ecna letter in not in non-opposition so there apparently

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was a letter in non-opposition uh name put your name and address on and you're already you're

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already swung in yeah uh joe consul here again consul madison one west third street suite 204

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media pa 19063 uh and we did we did get a letter one second you also agreed away the reading of

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the refusal and stipulate to its accuracy i do have you emailed the exhibit packet with proof

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of ownership tax compliance refusal referral photos under plans of the property five days

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in advance of this hearing and have you met with the rco and do you have a letter yes yep to

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everything. Okay, you may proceed. Thanks. Everyone, Joe Consul here. I've got the ECNA

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letter up. I'm representing Synergy Real Estate Group, LLC, the property owner. I've got Mr.

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Patel and Mr. Singh on the call representing the owner. The property is 1937 East Letterly Street.

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uh some pictures of it it's a far away view the owner had zoned uh rsa5 it's two blocks off

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kensington between jasper and emerald street they bought the property in february of 2021

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uh the property had come with a set of plans that had been approved by um both uh ecna and this zba

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in at the end of 2016 um unfortunately those plans lapsed or that approval lapsed pardon me

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but we're here today representing representing the same plans to everyone they're exactly the

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same as was approved in 2016 the the two refusals we got on this are um there we go it's a occupied

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area and um we're at 75 percent or 87 percent and rear yard depth uh nine required we're providing

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seven foot six inch rear yard um so really this is just a um a smaller rsa5 property that my

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clients are trying to rehabilitate uh there is a small addition on the back uh that's violating

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um those two those two issues that we need to get the variance for uh the layout is a basement with

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just mechanicals a first floor living room and kitchen uh second floor two bedrooms and then

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there's going to be a roof deck addition um for which we've got no refusals or or anything like

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that on it um and here's the october 4th letter it obviously came um after we submitted our packet

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but we had resubmitted the packet as soon as we got this letter so it should be in y'all's email

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somewhere. If I could call the client Prashant Patel, raise his hand.

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He raised his hand.

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This is Prashant Patel.

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Sir, can you spell your name and I'll swear you in?

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Yes. First name is Prashant, P-R-A-S-H-A-N-T.

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Last name is Patel, P-A-T-E-L.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, ma'am.

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okay mr consul good afternoon mr patel did you um hear um my uh zoning speech just now yes

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do you uh agree with what i said and do you adopt it as your own yes sir okay thank you we we have

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we have nothing further to add but takeaway is we had these approvals they lapsed and we're hopeful

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just scanning through them

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and we can get them

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reissued tonight.

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Does the board have any questions?

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No, Madam Chair.

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Is there anyone in the virtual audience

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with questions or who would like to testify?

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I see no hands, Madam Chair.

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Thank you.

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Planning Commission?

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Madam Chair and members of the board,

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this is Mason Austin representing the Planning Commission.

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The lot is designated for single family residential in the conference plan and is zoned for that use.

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While the lot is undersized, the existing home conforms to the surrounding standards as would a smaller addition that has five feet less depth.

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However, given neighborhood support and previous approval by this board, the staff of the planning commission has no objection to the requested variance.

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Thank you.

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Calendar number 2642, 1937 East Letterly Street.

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My vote is yes.

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Professor Plaza, my vote is yes.

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Thomas Holloman, my vote is yes.

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Okay.

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Jane Snow, my vote is yes.

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Thank you.

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Thank you, Mr. Snow.

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Calendar number 2461-1943 Snyder Avenue,

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The attorney is Shawn Whalen, Esquire.

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