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Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

would like the opportunity to meet with miss andrews and see if there's an you know all right um hillary

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um mr chair we could do you know one of one of we could we could do a resumptive hearing um or we

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can um close the record and just hold the vote for a couple weeks for further discussions

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it's whatever the the chair would like and i do see we have another hand if we if we close the

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vote for just the rco and additional discussions do we want the planning commission to take a

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position beforehand um well if there's going to be changes they may want to wait on that although

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i let them okay decide but do you see we have another another hand raise okay fine all right

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Okay, fine. All right. Thank you. All right. Who else in the audience?

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thank you all right who else in the audience

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Chair, we have Eileen Griff. Ms. Griff, can you unmute yourself and wait for the chair?

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Hi, could you state your name, please, and spell for the court reporter?

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Hi, thank you. My name is Eileen Griff, I-L-E-N-E-G-R-I-F-F.

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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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Are you a neighbor?

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I am the attached neighbor. I am the house on the corner at 4033 Paliton. My property

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backs up to 315 North Preston.

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Okay. Proceed.

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So I am a 30-year resident of the neighborhood and these properties, one used 317 North Preston

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used to be a single-family house and 315 used to be a garage. 317, a developer did apply for a

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variance a few years ago and got denied. This project would just create so much density on

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this block. We really would love to see more single-family homes. And I kind of resent Mr.

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Nothamson saying about the single-family homes because I am in a single-family home and there

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our single family residents, longtime residents on this block. And we really want to, we were

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hoping that the RSA 5 zoning would be preserved on this. You know, I'm invested in the neighborhood.

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I keep my property up and I am just opposed to the zoning change. Thank you. Thank you for

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taking your time to call in. Is there anyone else in the audience? There, I see no other hands at

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this time okay um planning commission how about if we hold your vote dan that would be great that's

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actually what i would all right so what we'll we'll do is we'll hold this for a few weeks

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uh we'll get back to you alan what a date and then we'll we'll come back in okay yeah so

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we're going to close everything other than the rco a response from you and planning commission

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Well, the only thing I would say, instead of closing the record, if we decide to change our plans in any way, I want the opportunity to be able to do that.

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That's right. Right. OK. Yeah. Mr. Chair, I was going to suggest a resumptive hearing.

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Oh, that's even better. OK. Yeah. So let's and I don't know that we will have a date for that immediately, but Keisha, Keisha can weigh in on that.

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But if we don't go ahead, Keisha. Yeah, I'm sorry, Hillary. May 17th at three thirty.

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do you think that's

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true?

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I defer to the community group.

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I work under their time

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constraints.

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Is there an opportunity,

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Pamela, for us to meet with

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your organization and or the community?

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If it has to be a

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full community meeting,

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we typically give our

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letters.

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Why don't we do this? Why don't we take that date

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and you get a hold of

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Pamela and figure if it works. If it doesn't,

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but then we'll have to figure out something else.

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But for this point, let's go with that deal, okay?

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That sounds very good.

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All right, thank you.

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Thank you.

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Number eight.

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MI 2022-007-037-431-North 41st Street.

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Same general issues that we talked about before.

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Opposition from West Palton, Saunders Park,

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and also opposites from

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Councilperson Gauthier.

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This is now a request

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instead of six, it's four.

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Did I hear that?

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Alan?

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I think we lost Alan.

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Chair, he should be coming back in as a panelist.

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Sure, sure.

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Yes, Mr. Chair, we actually have modified our plans to have.

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Okay, good. Okay, good. All right. All right. Could you just for the record, identify your client?

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Yes, my client is Poplar Development LLC. In the virtual audience is its member, Christian Sanchez.

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Okay. Our vice chair has a few questions.

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Good afternoon, counsel. Do you agree to weigh the reading of the refusal and stipulate to his accuracy?

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I do.

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have you emailed in all the required documents and exhibits needed to proceed with this case

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five days in advance of this hearing i have thank you please proceed and share your screen

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uh mr chair just i wanted to give a quick note for the record um council member gotti's office

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um council member gotti's office reached out to me said they would be amenable to a resumption

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reached out to me said they would be amenable to a resumption

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hearing in this in this particular case so that there's an opportunity to discuss the new plans

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with the neighbors for both of them well they didn't know they didn't if this was before

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okay this was earlier so it was just about this one that we're discussing right now

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41st street alan do you want to do that oh yeah no i actually that was i was going to say that

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that we we communicated with uh the coordinating rco in the past 24 hours reducing our unit count

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to four something that they requested of us um and they you know i i don't want to speak for them

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but that was a positive development well why why why don't we do this why why don't we just hold

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this one too well they said that they i well with this one they said all right okay let's let's go

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on with it and if they come on we'll bring them on okay yeah my understanding is we want to do

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a resumption hearing everyone was in agreement to that okay um so we have a notice of refusal

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we have revised plans so we got rid of most of our uh of our of our variance requests went through

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those revised plans and that was requested us from us um by the community we have the

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correspondence from the west paladin saunders park rco and you'll see that the one thing that

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we changed based on that letter was the unit count. We went from six to four. And I think

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that's something that is positive, a positive development for them. We have a zoning permit

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for this property, which we'll review. And then you'll see that what we're requesting is not out

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of character to this part of the neighborhood. Maps of the area, photographs of the property

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in the surrounding area. Our original plans and then comparing it to the new plans, which if this

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for appeal to a client after a resumption hearing to grant it by way of proviso. RCO meeting notice

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application for appeal deed to the property and our certificate of tax clearance. And in the

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virtual audience as well is Christian Sanchez. Our notice of refusal. So originally we're proposing

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six dwelling units and one off-street accessory spot in the front. We got two refusals for parking,

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off-street parking. At the request of the community, we removed that, and you'll see that

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in our revised plans. We got a second refusal, or the third refusal, two of them is for parking.

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The third one dealt with the amount of units. It's an RSA by property, but six units. We're

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agreeing to a maximum of four units. And then our minimum rear yard, five feet required, nine feet,

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I was just saying nine feet is required, five feet is proposed.

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No one has issue with that.

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And then these are revised plans.

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We're not only removing the off-street parking at the community's request,

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they also wanted us to remove the roof deck.

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Even though that's not a variance matter for community relations,

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we were, of course, agreeable to that and amenable to that.

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And these are revised plans showing no roof deck and no off-street parking.

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And then, you know, we met with the West Paladin group, and in there, it actually says three to four units is favorable.

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So, and that's what we're providing is four, maximum four units.

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That was a development that happened in the past 24 hours when we just got the letter, and we would like to, you know, hear from the group, but the group needs additional time after today's hearing.

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um you can see here what we're proposing is not out of character for this property

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we found the zoning permit that this property had previously a quadplex use so that's more in line

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than the six units that we proposed if it has a history of four units or asking for a history of

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four units we're actually not increasing density in that respect and then not out of character for

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that part of the neighborhood too you can see the the 400 block of north 41st street

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uh has a significant multi-family uh history and then maps of the area uh this is an rsa5 property

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maps from a google perspective photographs of the property as you can see it's a very well

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maintained vacant lot uh this lot has been vacant for some time uh and we're hoping to activate it

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by way of this plotplex uh proof of posting of for today's hearing north 41st street to the

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of their property north 41st street to left their property as you can see we're on the trolley line

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there's ample public transportation interior photos uh so mr sanchez um you know is a very

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experienced developer and contractor and this is the type of work product that he has

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uh for his units always try to give examples of that so the board can see um that

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for his units i always try to give examples of that so the board can see

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and then just our plans and drawings again we have one dimensional uh variance requests regarding

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the rear yard uh but you can see that it looks like our rear yard doesn't go

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as uh far back as the rear yard that's over there on the side of us

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and then our floor plans again those floor plans will change so i figured we'll skip that and we

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can go over it later when we have uh more finalized floor plans but what was important to my client

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was to do a responsible trash storage and maintenance plan and there's there's actually

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a trash room here uh so again we always encourage our clients to responsibly deal with trash because

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I know it's an issue in most communities,

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and we want to be the solution, not a further problem.

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Our RCO meeting notice on April 27th,

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we met at 7 p.m., 133 addresses.

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We're notified this meeting, listed the addresses,

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proof of mailing to those addresses,

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our application for appeal showing that

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public development LLC is the owner of the property,

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along with the deed showing that public development

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is the owner of the property.

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and our certificate of tax clearance uh with that being said um i would just ask

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mr sanchez virtually raise his hand just so he can be sworn in and adopt my testimony

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mr sanchez state your name please spell for the court reporter

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mr sanchez please unmute yourself and wait for the chair

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Yes.

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Mr. Sanchez, state your name and spell for the court reporter, please.

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Christian Sanchez.

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C-R-I-S-T-I-A-N-S-A-N-C-H-E-Z.

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Christian Sanchez.

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All right.

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

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Yes, sir.

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Proceed, counsel.

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Yes, Mr. Sanchez, you heard everything I had to state about your zoning matter.

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Yes.

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And is it true, correct?

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Yes.

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Will you adopt as your own testimony?

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Yes, sir.

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Thank you.

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All right.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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No, Chair.

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Questions or comments from the virtual audience?

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Chair, we have Pamela Andrews.

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Okay.

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Ms. Andrews, please unmute yourself and wait for the chair.

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Hi, Ms. Andrews.

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I think I already swore you in

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once today, right?

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Ms. Andrews?

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Cher, I no longer see her hand.

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There it is.

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She just put it back up.

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Hi, Ms. Andrews?

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There we go.

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You should be able to hear me now.

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I could, Ms. Andrews, I hear you. We've already sworn you in once. Could you just state your name for the record?

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Pamela Andrews.

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Okay. And Ms. Andrews, I know your position. What's your feelings on this case?

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First of all, I wanted to let everyone know that this particular property came up for us for a variance back in August, August 30th, 2017.

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It was denied by the zoning board at that time. The other thing I wanted to mention was Mr. Nakasom stated that his client takes care of the property and the pictures that he showed you showed, you know, cut grass and lawn.

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One of the issues that many of our community members had is because they have been actually maintaining and managing that property for decades.

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And I'm talking about long-term tenants who've lived in the area for more than 20 years.

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And part of their issue about not wanting to support a multifamily variance for this particular tenant was because of how he did not actively engage in managing his property.

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effectively. We had decided to think about allowing a variance for this usage,

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but what we had asked him when they originally came, preferably because most of the variances

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that we've allowed in the area have been for small apartment units, we were asking for

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possibly six units, I'm sorry, possibly three units, because that's normally what is in that

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possibly six, I'm sorry, possibly three units, because that's

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