civus
Hearing video

ZBA Hearing - September 29, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20218h 23m

this application yes when when we weren't aware of it you've been a couple of meetings no no just

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one meeting sir the same the same meeting one meeting that none of us knew about until the

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meeting was actually going on I apologize when you said a couple of months ago I thought you

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were referring to a different meeting no okay the same meeting all right Mr. Mockinson do you have

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a list of the mailings yeah actually i put that on my screen uh so on july 12 2021 we mailed out

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notice for a meeting that was july 22 2021 as you can see on your screen and then we're given 91

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addresses by the city planning commission and here's a copy of these addresses um i

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so I don't know where it's and then here's our certificate of mailing as well

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showing that we mailed that um in terms so that's the first thing so we did send

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the proper notice as required under the law uh and in terms of photographs

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these are the four you know these are the vacant lots we're we're right here and as indicated

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it before, we are not allowed to build on someone else's land. We have a survey. We're going to build

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not allowed to build on someone else's land we have a survey we're going to build within the

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within the context.

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confines of our land and again we're more than happy to work with the individuals who do own

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next door to us to make sure that they feel comfortable in all respects and act in terms of

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the porches and this is probably not the best picture this is union this is where we are you

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can't see it but these this is what we're trying to mimic the porches that are in this community

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In terms of the parking situation, West Girard is public transportation. In terms of the commercial aspect, these are all CMX properties. None of them are commercial. 40th Street is a commercial corridor, but Girard here is not commercial.

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So I hope that answers the pastor's concerns about our project.

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And ultimately, we did get community support after making a full presentation to the community at a well-attended meeting.

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Okay, I disagree with that.

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I wasn't informed of the meeting, and several people have stated they were not informed at the first meeting that you all had, nor this meeting.

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And there are commercial properties on our portion of the street.

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it is not just on Gerard Avenue. It's a restaurant, soon to be a Popeye's, and something else with a

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drop-through. That's all on Gerard Avenue, so we're going to give information. We have to give the

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correct information. There are no porches on our half of the block. And I know you don't have that

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picture, but we have to give correct information. No, what I'm saying is... Mr. Markinson did

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identify that it was on the other side

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of, was that

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Noble Street? Union. Union

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Street, I'm sorry. Yeah, yeah.

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Pastor, your church is on there. The

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rest of it, my understanding from memory, because we

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had the meeting on the lot,

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they were all vacant otherwise.

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The lots are vacant,

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but not the buildings

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are being, they are commercial

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buildings that are on the other

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end of our property.

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All right, thank you. Anyone else

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to testify?

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chair we can keep going thank you planning commission

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um from bednar city planning the comprehensive plan recommends no changes to existing commercial

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mixed use zoning at this location and includes a specific recommendation to strengthen commercial

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activity near the intersection of 40th and Girard Avenue, including this block.

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The lack of the commercial ground floor on this application conflicts with the specific

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comprehensive plan recommendations. The Planning Commission recommends that the Board deny the

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variance. I'm totally confused on this one. I'd like to close the record and have a discussion.

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Well, Mr. Chairman, before you close the record, and I didn't think this was going to be a

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contentious matter because it was pretty straightforward, but Mr. Wise, I would like

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to have his testimony. In addition to being a representative of the owner, he is a licensed

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realtor who handles both commercial and residential aspects. And again, I would have

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Mr. Wise testify that you know in this part of town he he doesn't honestly believe that commercial

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would thrive. 40th Street around the corner there is a significant amount of commercial. Further

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down in Girard there is commercial but in this part of the area it's mostly residential other

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than the church structure. So if I could just have Mr. Wise briefly testify just so it's before the

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record closes and so the board gets to consider that as well. We'll get him on we'll get him on

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I reckon. Yeah. Mr. Wise, can you say in your professional opinion whether or not commercial

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usage on this lot would be successful? I didn't think so based on the complexity

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and the fabric of the residential that's across the union and being as though they're all vacant

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lots right there next to the church and the pastor is correct there is commercial going towards

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further down towards 40th street and off of I'm sorry further down 40th and Gerard and on 40th

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street which has a lot of commercial blight as is so I didn't see to put another commercial space

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especially right there with that fabric of residential all along that side of Gerard

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avenue yeah exactly so so you again that that point about 40th street 40th street is the

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commercial corridor around there right correct and would you say there's a high vacancy rate

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around 40th in that on that commercial corridor yes i would okay i have no further questions

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yes I would okay I have no further questions just I'll just ask again does the board have

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We'll be right back.

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any questions no Mr. Chair no so MI 2021-002316 3934 West Gerard Avenue the record is closed

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the board will discuss this matter and make a decision at next week's executive session

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i think that concludes the two o'clock list that does any any unfinished business on the

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two o'clock list and so anyone uh anyone believe that they have not had an opportunity to be heard

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on any of the cases on the two o'clock list um hi chair this is tanya uh were you going to do

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the add-on on the 3 30 or two o'clock list i was going to do it on the 3 30 is that all right or

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i mean i can do it now it sounds good whatever works for you cheer all right let's do it now

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and get that out of the way there's an add-on um it's for case number was listed on number five

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on add-ons for this morning's list. MI 2020-002708635 West Olney Avenue.

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This case was originally heard on June the 30th. It was held because I was not present at that

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hearing. I read the transcript and I viewed the video at that hearing. There were two no votes.

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Mr. Plaza and Mr. Snell were voting no. Mr. Holloman and Ms. Tenere voted yes. There was

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another hearing held on August the 11th. All board members were not present. We are all present now.

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So my vote on MI 2020-002708635 West Olney Avenue is no.

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and i think that can is that sufficient tanya

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do the other board members need to vote as well um chair if it's all possible i would ask that

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all board members vote just to have a clear record understood okay carol tennari my vote is yes

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Thomas Holloman, my vote is yes.

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Jim Snell.

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Jim.

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uh chair for the record you already mentioned that mr snell i'm previously voted so that's

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sufficient okay thank you thank you very kindly chair thank you all right uh before we begin the

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330 list um does everyone want to take a five or ten minute break yes yes that was the that was the

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Yes.

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All right.

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We'll be back here at 6.15.

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Thank you.

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.

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You

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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All right, good afternoon again.

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or good evening let's see jim is here pauline tom confessor

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and carol i think carol's here

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ah there you go all right we all ready the court reporter ready i am chair thank you

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you and pauline we're ready to go live okay we are already recording sir so you can go when ready

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Thank you. And Mr. Hand, are we ready to go? Well, you need a few minutes.

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Please proceed. Okay, thank you. Good afternoon, everyone. My name is Frank DiCicco. I'm the Chair

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of the Zoning Board of Adjustment. I'll be participating in today's hearing along with

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our Vice Chair, Ms. Carol Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas

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Holloman and Mr. James Snell. Board Administrator, Mr. Jason Hand, and our Board Attorney, Ms.

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Melissa Freeman, are also in attendance, as is our Zoning Board Administrator, Ms. Tanya

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Sunken. For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to individual participants prior to their testimony. Second, we'd like to advise

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

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agreement to be recorded and that the recording will be made available to the public on the web

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or otherwise. Third, for anyone participating by phone, if you wish to testify, you must raise your

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hand by hitting star nine and then star six to unmute yourself. I'll repeat that. For anyone

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participating by phone. If you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. Finally, to enter an appearance statement, call Google

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267-270-5548 and leave your email address and the address of the property at issue. I will

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repeat that. To enter an appearance statement, call Google 267-270-5548 and leave your email

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address and the address of the property at issue. And I'd like to remind everyone, please do not

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attempt to testify in the chat. Any comments, concerns, questions?

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to testify in the chat. Any comments, concerns, or questions should be directed to our Board

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Administrator, Mr. Jason Hand. With that, I will read off one of the first add-on, MI 2021-001866.

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1820 West Venango Street. The request for reconsideration has been made by Councilwoman

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Cindy Bass. My vote is yes to re-hearing and reconsideration.

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Carol, you muted. You muted, Carol.

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My name is Carol Tenere. My vote is yes to reconsideration and re-hearing.

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Confessor Plaza, yes to reconsideration and re-hearing.

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James Snell, yes to reconsideration and re-hearing.

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Thomas Holloman, yes to reconsideration and rehearing.

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Thank you. And the second item on our add-on is MI 2020-003259, 250 by Berry Road.

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Mr. Ward is the attorney of record. My understanding this is just a resumption hearing.

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planning commission supports there's a letter from the somerton civic which we need to hear

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from now and have read into the record so this is a resumption hearing to read the rco letter

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into the record do we have that letter am i supposed to have that or is that going to be

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read in by Mr. Ward. I don't have that letter. Let's see. Melissa, you need it, Melissa?

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I don't have the letter either. I'll see if it was sent to me.

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Okay, we can ask Mr. Ward to come forward to see if he has the letter, Chair.

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Yes, please. Mr. Ward, if you're there, please identify yourself and I'll swear you in.

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Now unmute yourself.

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Mr. Chairman, I am here.

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Please spell your full name and I'll swear you in.

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All right. Sean Ward, SHAWN, WARD. Address is 331 East Street Road, Trevos,

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T-R-E-V-O-S-E, Pennsylvania

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1-9-0-5-3

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Attorney for Applicant.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth.

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I most certainly don't.

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You froze up. Okay.

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I do have a copy of the RCO letter.

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Yeah, I will share my screen.

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Do you agree with reading it?

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I submitted it to the board.

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John, can you hear me?

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Carol, excuse me.

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i don't think we need to do that because this is a resumption hearing

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oh okay yeah and the only thing we need is to have the letter read into the record

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yeah real briefly i would submit yes this is a resumption hearing uh as an officer of the court

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i was sworn in at the prior hearing i would submit that i am still under oath and i provided to uh

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The board solicitor today, the RCO meeting, notice number two, certificate of mailing,

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the applicant's summary of relief presented to the RCO, a copy of their first RCO letter,

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which was submitted to the board at the last hearing, indicating that we were going to meet again, basically,

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and a copy of their second letter, which resulted in opposition,

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that I believe the record will extend and the board can take judicial notice that

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the second meeting of the RCO, however, the RCO letter of opposition fails to address the first

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meeting at which approximately 120 persons attended with the vote delayed pending the second

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meeting. 239 RCO notices were sent out via first class mail. At the first meeting, 120 total persons

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attended while only 25 attended the second meeting of which one was a nearby neighbor

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on the notify address list from the planning commission

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uh very quickly mr pointed out four things the appearance of the building

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uh and i submit these four things are not zoning related uh this building was on record

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well reflect as presented at the original hearing for approximately 78 years uh it was it was a

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millwork fabrication and distribution facility. It has not changed. They talked about the timing

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of traffic, which was addressed at the meeting. They brought up the standard code violations,

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which were a result of routine L&I inspections, which were complied immediately, but for the

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which were complied immediately but for the zoning violation which is the subject of this hearing

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zoning violation, which is the...

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and then of course the retributory or you know penalizing a comment about failure to seek a

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permit prior to use it was used for 78 years as a millwork fabrication distribution facility and

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they were under the stake in belief that moving a storage company would be permitted uh it's it's a

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non-conforming structure in an RM2 district. It's been zoned multifamily since, you know,

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