civus
Hearing video

ZBA Hearing - February 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 16, 20223h 51m

right she's pro se thank you okay thank you um executive director sunkett um you've submitted

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the required documents it appears is that correct? Yes. Okay you may proceed.

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Okay my name is Sabria McGill. I am appealing a decision for me not to

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I'm appealing a decision to also have a business license in a dwelling that already has an

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existing business attached to it um miss mcgill yes can you share your screen with us

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um your documents

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okay

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Ms.

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miss mcgill do you have your documents on a computer before you right now i do i'm just

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trying to figure out how to get it on for you i'm about to i'm getting ready to share the screen

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i do have and your documents are already up right yes okay and you can hit that green

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at the bottom.

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The share screen.

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Correct.

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And then tap on your documents.

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Share screen.

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What kind of device are you using?

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it's an ipad okay i'm not familiar with how to handle it on ipad are you dpc zoom

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or bill for me are you i'm sorry i'm not it bill i'm sorry mr bergman um so we i'm not

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skills at sharing on an ipad

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yes i'm not sure why it's not sharing

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okay

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open up your documents

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documents are not here

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can you all see that

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I'm looking at the zoning

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application

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yeah all right um yeah so it was a garage at first with which is would be like rear b the extension

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of the actual um structure and it was actually split into two so i would be like rear b

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and um I wasn't aware that well actually I had the wrong address when I actually rented it out

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I used for 1432 so I'm I'm guessing I'm not sure if that's why um everything kind of went through

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with health and um health and uh food safety everything I passed everything else but when

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I went to actually get the license that's when it was uh clear that um another grocery store

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was at the corner. So at 2163 would be the rare bee. And then that's where the conflict became,

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you know, known and it became an issue. I just wanted to say that I started this venture in DC

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when I moved to DC, I became a vegan. And I just decided that I wanted to bring it back home to my

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neighborhood where I grew up to share healthy eating, plant-based food. It's a sandwich shop

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that offers all plant-based everything, even the salad dressing, the cheese,

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everything. And the community really loves the idea, the Temple students. I almost knew for sure

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that the temple community uh student community would um appreciate us and support but the

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community itself has really surprised me when you know people really would like to eat healthy

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especially the seniors across the street there's a lot of seniors in the senior building across the

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street department building across the street have embraced me very well and they really love the

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idea so the community itself really surprised me so i really you know would appreciate if i could

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just continue to service the community that i grew up in the temple student community as well

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i went to temple all my life i actually went to the summer camp every year as a youth um went back

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to temple so i just would really love to service the community if i can thank you thank you any

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questions from the board no mr chairman no mr chairman um senator street is in the virtual

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audience, would you like to say something? Could you look for him in the virtual audience, please?

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Sharif Street.

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Mr. Street, if you're in the virtual audience, please raise your hand.

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I got him, sir. He's been allowed to speak.

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Okay. Could you state your name, sir, and spell it for the court reporter?

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Could you state your name, sir, and spell it for the court reporter?

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My name is Sharif, S-H-A-R-I-F, Street, S-T-R-E-E-T.

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My name is...

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

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I do.

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Proceed, Senator.

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I'm Sharif Street. I'm the senator for the area. I also have a political office across the street

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in the senior building. And I eat at this restaurant all the time. It is one of my favorite

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places as a vegetarian in the North Philadelphia community. There are not always a lot of good

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vegan, healthy alternatives. I think this restaurant is one. I'm also, as a part of my

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usual vocation as a state senator, talk with many people in the community and have found that there

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an abundance of support for this establishment and so I asked the board to embrace it the corner

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store at the corner is a very different type of business and so I think this will add to the

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overall aesthetic peel and healthy eating options for the community and I also like the idea of

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supporting a local North Philadelphian who is owning a business and operating one and so for

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all those reasons especially the fact that i'm one of those senior senior citizens across the

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street who wants to uh who wants to eat it i think it would be uh it would be great to help keep me

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healthy and keep the community and create again maintain healthy options for the community so i

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thank you senator thank you so much any other uh comments from the virtual audience

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mr chair i have miss tina marie russell with her hand raised i will allow to speak at the time sir

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Sure. Ms. Russell. Good morning, everyone. This is Tina Marie Russell. Could you spell it for the court reporter, please, Tina? Sure. It's T-I-N-A-M-A-R-I-E-R-U-S-S-E-L-L. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do. So we are the RCO, one of the three RCOs, but we are the coordinator. All the RCOs participated in a meeting and we all concurred and approved this particular venture.

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um so and then i submitted the letter as well as the summary form i guess it got lost somewhere

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but um we had three people from three rcos and support there was 40 people who attended the

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meeting um who were in support and um as well and our letter confirms pretty much everything

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that the senator already stated that our business 2035 year business vision as which is supported by

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the Commerce Department, as well as our City Council, is to revitalize the Susquehanna

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Avenue corridor, business corridor, and this particular product line was definitely one

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of the activities that we need, businesses that we need in our corridor to sustain it

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and grow it, so we fully support, as well as the community, fully support this endeavor.

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Thank you, Ms. Russell.

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Is there anyone else in there, virtual audience, has a comment?

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i see no further answer at this time mr chair planning commission thank you chair bergman

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ian hegerty for the philadelphia city planning commission members of the board this is a special

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exception the proposed special exception will not cause detrimental impacts to the neighborhood

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beyond what might normally be expected for the use and so the city planning commission recommends

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that the board grant this special exception mi 2021 003850 2163 north 15th street i vote

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yes. Carol Tenere, my vote is yes. Tom Solomon, my vote is yes. James Snell, my vote is yes.

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Good luck. Thank you. Thank you. Thank you. Thank you so much, guys. Thank you. Appreciate you.

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MI 2021 003849 244th East Springer Street. No RCO letter as of yet.

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counsel

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Mr. Cook

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Mr. Cook you've already been

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Mr. Cook you've already been sworn

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I understand there's no RCO letter as of yet

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so where we want to be today we're going to go on with the case and then we will

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We will not vote today, and we will wait to hear from the RCO.

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Your Honor, I did have discussions with the council person's representative about a continuance, a brief continuance.

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Um, about, uh, about a continuance, a brief continuance, um, and also the concerns expressed by a new neighbor today. Um, just for, uh, procedural issues. We did meet twice with the RCO. Once was with the, um, the committee. We did proper notice for that second meeting. We did proper notice for that. Um, that was turned into a regular committee meeting, um, because revised plans were about provided about three days before.

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Mr. Cook, my question is, you want that a continuance?

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We're going to go along with the continuance.

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I just wanted to put on the record that, you know, code-wise, we were fully compliant in this matter.

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So we'll continue this, and I think you're going to have to get a hold of our executive director to get a date, okay?

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That's right. Thank you.

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Thank you very much.

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it mi 2021 well i'm sorry wait a minute mi 2021 003847 4911 frankfort avenue

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this is first listing it's an llc and we have no exhibits is there anyone here for 4911 frankfort

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Avenue mr. chair I have a hand raised with another ending in zero one four eight I can

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allow them to speak at this time if that is okay with you sir sir or madam please unmute and wait

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to be sworn in.

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You have to unmute.

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Sir, madam, please unmute.

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I believe you have to push star nine or star six to unmute.

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Please state your name and spell for the court reporter.

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Yeah, my name is Ian Zhang, first name Y-A-N, last name Z-H-E-N-G.

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Right.

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

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Yes, I do.

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Are you 4911, 4941 Frankfurt Avenue?

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Are you prepared to go on today?

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And do you have an attorney?

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I don't have my attorney.

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Okay.

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I prefer going on.

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Pardon me?

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Yeah, I will go on.

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Well, we're going to have to continue.

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You need an attorney.

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Yeah.

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Okay.

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Okay.

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We're going to continue this.

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You'll get a new date and it's going to have to be must be tried.

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Okay.

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uh you mean i have to get a new date you're going to get a new date you'll hear from us

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you'll have a new date you have to have an attorney and it's going to be marked it must be tried

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oh okay i had to get my attorney okay i didn't know that sorry all right thank you

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MI 2021-003903, 5323 Chester Avenue. No exhibits. This is the first listening. Glenar, Ray Morris.

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Mr. Glomar, if you're in the virtual audience, please raise your hand.

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Oh, I'm sorry, sir. It doesn't seem that... Cases continued, must be tried.

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MI-2021-003964-5640 Thomas Avenue. No RCO letter.

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Council may have one that we're not aware of yet. Rachel Pritzker, please.

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sir mr brandon saverin has been allowed to uh yeah promote the panelist yeah he'll be coming

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back in mr saverin state your name is spelled for the court reporter please good morning mr

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chair uh brandon saverin d-r-a-n-d-o-n um s as in sam a v as in victor r-a-n right do you swear

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for him to tell the truth, the whole truth, and nothing but the truth? Yes, I do. Our vice chair

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has a few questions. Hi, Mr. Saverin. Do you agree to waive the reading of the refusal and

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Hi, Mr. Saverin. Do you agree to waive the reading of the refusal and stipulate to its

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stipulate to its accuracy?

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accuracy? Yes, Madam Vice Chair. It appears that you have submitted the required documents. Is

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that correct? That is correct. Yes. Okay. You may proceed. Thank you. And regarding the RCO letter,

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I did receive a copy of the letter and a copy of the email by which the coordinating RCO

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sent it to the ZBA yesterday. So I think you do have it. It came in late.

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All right. Share my screen here. Okay. So good morning and thank you for having us.

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This application concerns this home here, 5640 Thomas Avenue. This is a two-story home with

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a sort of partially above ground basement on this block of Thomas Avenue, which is a thoroughfare

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in Southwest Philadelphia. My client, Simon Howe-Michael, is the owner of this building

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and applied to basically take each floor, make it a separate dwelling unit. So the refusal

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is for the fact that multiple dwelling units are not permitted on this block because it's

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owned RSA 5. That being said, we engaged an architect to design, see if I can make this a

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little bigger, I apologize, to design a new doorway directly into what would be the basement level

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unit. That is depicted here and we will also have a egress well in the rear, so two means of egress

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from that basement to ensure that it's safe. We also walked through, which I will spare you the

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details of the floor plans unless you're interested, but we walked through these as well with the

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community. Each floor would be a one-bedroom unit. That's sort of the nuts and bolts of it.

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There's no expansion of the existing structure. There is a rear yard that will remain. Each

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bedroom will have windows directly into that rear yard for light and air. So with that all sort of

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presented to the community, and we actually came back for two meetings to give more community

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members a chance to view the plans, we ended up with the letter of support from the coordinating

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RCO. That's the 51st Democratic Ward. That is essentially the presentation. I have the architect

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here to go through those plans if you'd like, and what I would like to do is have the owner

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about my testimony, but I'll take questions.

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Could you have the owner raise his hand, please?

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Yes, Simon, could you please raise your hand, Simon Hale-Michael?

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He's been about to speak, sir.

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State your name and spell it for the court reporter, please.

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Simon, you're on mute, I can see, just make sure you unmute yourself on Zoom.

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Okay, can he unmute?

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Hi, Nicole, are you able to unmute, sir?

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um i he's texting me he's not sure how to unmute so if it's the board is uh okay with it

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you're an officer of the court i understand that okay thank you i appreciate questions from the

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board no mr chairman no mr chairman counsel i have a question what's the rest of the block like

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how many are there other multiple units on the block i mean there's so flexors triplexes what's

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the block look like? I wish that the 51st ward chairman was here. So there are, I think, a couple

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instances of that, but in candor, Mr. Chair, most of the block is single family homes. That being

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said, what was discussed at the community meeting is that in the immediate area, this block, the

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block behind um there are some instances of um sort of the basement unit being turned into a

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separate unit using a um you know rebuilt uh door as we're proposing here and they've found that to

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be um successful safe and a means of sort of uh you know making use of these homes have

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And a means of sort of, you know, making use of these homes have a small front yard, which sometimes, especially in the case of an absentee owner, which is not the case here, but where it is that that yard sort of becomes a dead space for litter.

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Thank you.

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So I don't have a list of addresses. There apparently are a few examples of this in the area. That being said, the majority of homes are single family.

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excuse me mr chairman yes uh those buildings are those yards are required for setback

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right and uh mr holliman we would not be expanding the structure into the front yard we would uh

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simply be uh digging i suppose a few stairs to expand this window right here into a door we

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actually submitted a separate zoning permit for that to eclipse already i could pull up the

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screenshot if you'd like but we received confirmation from l and i that not only is

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