civus
Hearing video

ZBA Hearing - January 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 12, 20226h 5m

We ready to go?

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I would say wait another minute.

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Okay.

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Okay, Chair, we have 33 attendees and you're good to go.

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Good morning everyone and welcome back.

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My name is Bill Bergman and I will be chairing this morning's EBA hearings.

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With me is Carol Tenere, our vice chair.

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Carol?

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Ismael Shaheed, our board secretary.

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Carol, Ms. Tenere, you are muted.

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I apologize. Present.

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Sure. Ismael Shaheed, our board secretary.

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Here.

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Thomas Holliman, our board member.

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Present, Mr. Chairman.

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And James Snell, our board member.

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Present, Mr. Chairman.

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Also with us is our board administrator, Tanya Sunkit, and our board attorney, Sharon Saleta.

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Before we begin, I want you to take a look at our virtual format.

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One, be advised these proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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A video will be available by contacting the Board Administrator Tanya Sunkett at tanyasunkett at phil.gov.

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Two, for the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before they start.

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Three, if you're participating by phone, if you wish to testify, press star nine to raise your hand and star six to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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That phone number again is 267-270-5548.

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And lastly, please be advised the question and answer box is not for testimony or comments.

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Any comments should be directed to Tanya Sunkett, our board administrator.

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So we're going to start with the continuities.

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I'm sorry, Mr. Chair.

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Yep.

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This is Tanya, the board administrator.

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If I could just interject a thought.

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Today we have with us the attorney for the record is Ms. Rebecca Cole.

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Just so all involved will know, Ms. Cole will be acting in place of Ms. Saleta today.

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Thank you very kindly.

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Oh, great.

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Great.

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Thank you.

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So let's look at continuities first.

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we have a request for a continuance

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from number 12

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hold on a minute

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number 12 if the

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appellant's here could they please identify

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themselves

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this request for continuance has come from

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the councilwoman

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got the A's office

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okay that case will be continued and it'll be marked must be tried we also have

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two withdrawals mi 3021 003488 2423 north 56th street withdrawal withdrawal by

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request of attorney. Number seven, MI 2021 00374 3204 Their Avenue, withdrawal by attorney. So

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both will be withdrawn. And we're going to start with an add-on. MI. Chair, we do have a

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Um, hand raised with a call-in user.

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Sure.

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Call-in user.

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Hi.

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Hi, uh, Tiffany Green, concerns to the point green.

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Okay, could it, could I?

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Wait, one minute, hold up one minute.

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Do you swear for them to tell the truth, the whole truth and nothing but the truth?

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Yes, I do.

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Okay, go ahead.

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I'm sorry, could we get your spelling, name, spelling on the record, please?

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Sure. T-I-F-F-A-N-Y-G-R-E-E-N.

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Sure.

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T-I-S-S-A-N-Y

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G

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Thank you. You can continue.

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Okay. We sent in a withdrawal for our case, 1420 Point Breeze Avenue.

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Ms. Green, is that for this morning or later on?

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9.30.

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It is.

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Oh, no.

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so number four you okay

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is your attorney here

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um i don't i'm supposed to call him i don't know if he's there that's why i wanted to check and

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make sure i was uh i thought he was going to handle this but i'm just i didn't hear you

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here's what i'm going to do is i'm going to call that case first

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and we'll see who's here on the case when i call it okay

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Ms. Green?

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Ms. Green, you've got to unmute yourself.

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We're withdrawing the case, so we're not going to move forward, are we?

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No.

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No, I'm just going to call the case, make sure all the attorneys know what's going on with it.

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That's all.

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you'll hear me call okay no problem okay all right are there any other requests for

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continuances chair we have a franz pierre with his hand up sure you can unmute yourself and wait

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for the chair are you on sir good morning okay could you state your name and spell for the court

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reporter yes uh that's france pierre remember johnson okay could you spell it for

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yep f could you do that one more time please

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yep that's f-r-a-n-e last name pierre p-i-e-r-r-e right do you swear a firm to tell the truth the

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whole truth and nothing but the truth absolutely can you hear me better now i hear you better now

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Yes. Good morning, Mr. Chairman and fellow board members. I just wanted to verify, did you say that 3024 Vare Avenue was withdrawn?

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Yes.

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Okay. Wonderful. Thank you.

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Sure.

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Any other requests for contingencies?

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i see no other heads at this time chair okay so we have one add-on case

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mi 2021 003843 2000 block of wallace street

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this is a vote only i vote yes with provisos yes with provisos

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Thomas Tolliman, yes, with provisos. James Snell, yes, with provisos.

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So if I could, Chair, this is Tanya. I'm sorry to interrupt. Would it be approved if Rebecca Cole

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state the provisos on the record for all to understand? Absolutely, that's fine.

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Can you hear me? This is Rebecca Cole. Yes, Rebecca. Thank you. The provisos in this case are

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one, no commercial uses, and two, revised plans, two pages.

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Thank you.

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Thank you.

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Okay, we're going to go to our regular list, and we're going to start with number four.

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MI 2021-001578-1420, Point Breeze Avenue.

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Russell Manning, Turney, and Leonard Reuter.

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Mr. Reuter is coming back in as a panelist now, Phil.

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Okay.

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Mr. Reuter, you there?

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good morning members of the board uh leonard freuder uh senior attorney for the city of

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uh senior attorney for the city of philadelphia you swear a firm to tell the truth the whole

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philadelphia you swear for him to tell the truth

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truth nothing but the truth i do okay um we um if i might mr chairman uh we received pardon me

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uh two messages yesterday one from uh russell manning uh indicating that his firm is no longer

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uh representing the uh point breeze community group and also we received another uh message

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from uh ms green who you'd heard from earlier uh also stating that the appeal was being withdrawn

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and that email from mr manning went uh both to myself as well as uh sharon saletta

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okay and that was yesterday so um yeah we we i don't think there's any i don't think there's

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any dispute at this time that that appeal has been withdrawn case withdrawn thank you sir

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thank you and that concludes my business made uh for this morning may be excused

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yes you can sir thank you thank you all right all right number one

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MI 2021-003389-1124 South 10th Street.

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Van Anastasia, RCO, Letter of Opposition.

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Councilman Squilla opposed.

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Vern.

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he's coming in now as a panel great

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good morning mr chairman members of the morning state your name and spell for our court reporter

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please yes sir verne anastasio it's v-e-r-n last name a-n-a-s-t-a-s-i-o 1315 walnut street

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suite 1006 philadelphia 19107 okay do you swear for him to tell the truth the whole truth and

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nothing about the truth i do sir proceed um mr anastasio do you also agree to waive the reading

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of the refusal and stipulate to its accuracy i do okay um it appears in my notes that you have

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submitted everything required in the exhibit packet that's correct okay you may proceed

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thank you i want to note that the um passion square civic association letter of opposition

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is actually counter to the near neighbor's vote that was um in support of the um actual

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presentation and i'm going to go through it with you so that you can see why that is just

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just bear with me for just a second i'm looking for

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my files are not coming up i apologize

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let's see here

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can't seem to pull up my packet and i'm not quite sure why i apologize okay

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I only have one document open.

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There it is.

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Can you see that now?

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We can.

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Thank you.

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Great.

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So this is 1024 South 10th Street.

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My client purchased this property relatively recently.

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and when he purchased it he purchased it as a three-family dwelling and this was already

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outfitted as a three-family dwelling let me show you the plans

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there's mechanicals in the basement there's a one apartment on the first floor

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one apartment on the second floor one apartment on the third floor

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um already had three electric meters three full kitchens and i'm going to bring it down to

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and i'm going to bring you down to let me show you

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uh give you some context to the property i think that might be helpful here's our property right

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here it is the longest in a row of residential properties here's a church um there are multi

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families here to the south there are multi families here to the north across this uh parking

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lot there's over 60 units here in this one building alone and here is the property 1124

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again the longest in the row here's the gas station here this is a north and south

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street the numbered streets in this particular neighborhood as well as some of the adjoining

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neighborhoods typically handle the multi-family dwellings so this is not inconsistent with the

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other multi-families in the immediate area. Again, my client purchased this property as a

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three-family dwelling. And in order for them to revamp it, gut it, and turn it back into a single

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family home would just be an incredible burden. And he would never get back what he put into the

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property um so with that uh we did meet with the community um and here's the letter that went out

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here's passion square um saying that you know the community that the nearest neighbors

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voted five to one in non-opposition uh these are the folks who live in the immediate area

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uh the zoning committee voted in opposition but the zoning committee none of those members lived

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anywhere near this particular property. I shouldn't say anywhere near, but they're not impacted

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neighbors. The impacted neighbors support this proposal. Right next door, there's a single

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family home, by the way, that's been for sale for some time, $800,000. That's another reason why

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the immediate neighbors support the granting of this variance. They see their community as turning

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into a bunch of new homes that are eight hundred thousand dollars pricing them out all the more

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reason to support an already existing we're not doing anything new we're not building anything

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simply want to be able to get to legalize the pre-existing three-family dwelling

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and then get the certificate of occupancy making sure that all the building code requirements are

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bed. And with that, I'd like to bring Mr. Kang Mi Zhu to the panel. Less than 50, you know, 100 feet

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away, there's a gas station, like I said. Again, multi-families to the north, multi-families to

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the south, and a very large multi-family right across the street. Mr. Zhu, could you raise your

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hand, please. Chair, I see no one with that name at this time. Kong, K-O-N-G-M-I-Zhu, Z-H-U.

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Or Yanmi, Y-A-N-M-E-I-Zhu, Z-H-U. Ms. Zhu?

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i see someone with their hand up and the name says winnie i don't know if that's what you're

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looking for that's that's they have that that's fine too okay thank you the person with the name

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winnie you can unmute yourself and wait for the chair good morning

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good morning could you could you state your name could you state your name and spell for

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the court reporter we need w-i-n-n-i-e last name w w do you swear for him to tell the truth the

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whole truth and nothing but the truth yes ms wu did you hear my presentation to the board this

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morning yes is it true and accurate to the best of your knowledge yes and do you adopt it as your

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own testimony yes thank you mr chairman i'm going to be open for questions again i want to remind

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the board that immediate neighbors five to one voted to support this pre-existing triplex to

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turn this back into a single family now would be a catastrophic financial hardship for my client

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this is not inconsistent with other multi-families on the block

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commercial nature of the block as well with a laundromat a gas station a sport

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a bar and a church on the same as well yeah questions from the

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a bar, and a church on the same block as well.

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