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Hearing video

ZBA Hearing - September 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20205h 34m

someone was coming out or someone was coming in that they would see that but

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again all we're doing is repurposing a curb cut that already exists so I just

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want to respond to those items. Secretary Plaza we do have Andrew Miller. Mr. Miller

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you can unmute yourself and wait for either Secretary Plaza or board member

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Jim Snell to swear you in. Thank you, Zanya. I'm here. Mr. Miller, do you swear to tell the truth,

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the whole truth, and nothing but the truth? I do. Okay, great. Name and address for the record,

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please. Yes, my name is Andrew Miller, N-D-R-E-W-M-I-L-L-E-R. My address is 1405 East Columbia

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Avenue. I'm just a couple of blocks away from this site. First, I want to address the discussion

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about the FNA meeting. At the FNA meeting, there were over 80 people there, and I simply want to

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testify that the discussion at that meeting was much more in line with Mr. O'Neill and

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Mr. Romano, Ms. Romano's testimony. I don't know if I said their names right, but their testimony

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was what was echoed over and over again at the FNA meeting, even though we weren't allowed to

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take a vote. So there's a proper tally of how those opinions were displayed. Secondly, I want

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to reiterate the concern that the zoning on in this area was done just a couple of years ago,

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The rezoning was considered, and this site, with the history that it has, was deemed RSA5 because this is a residential block, and the residents here intend to keep it a residential block.

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And because there is no hardship on this project, I don't see a reason to change that.

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uh lastly uh just to address the issue that was raised about uh the property at 633

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where the collapse of both 633 and 635 took place um mr mr nokamson uh said that they don't they

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didn't have any part in that and that's true as far as i'm aware um the the the only issue i see

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is the sale of of 633 right now could allow the the responsible party the the owner developer

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of currently of 1633 to close their LLC and avoid repercussions you know this this collapse

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only happened about a year ago uh you know in our court process through COVID has been

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on hold uh so i i think i think if there is a hardship in this situation the hardship is on

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the property at 635 still taking issue with 633 in this matter uh before it should be allowed to

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be redeveloped in any way let alone changing the zoning to commercial use uh so i just wanted to

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say those couple of things. Thank you for your time, and I oppose this, obviously, and hope that

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the board upholds the zoning that we've put in place. Thank you.

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Mr. Knockinson, did you want to respond? I mean, the only thing I would say is that I would assume

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that the owners of 635 have attorneys and that they can avail themselves of the legal

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process as to whoever was involved or responsible for the matters at hand, but that should not

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stop the development of a project that makes sense for the community and that's supported

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by the community by way of extensive petition as well as by way of letters.

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And I would note that the neighbor to the left at 627 East Thompson Street, as well as the neighbor at our rear that would be most affected are in support of this project.

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I have Hal Shermer.

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I have Hal Shermer.

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Mr. Shermer, could you unmute yourself and wait to be sworn in by Board Member Snell?

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Of course.

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

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I do.

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Okay, great.

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Could you provide your name and address for the record?

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Yes, Hal, H-A-L, last name Schirmer, S-C-H-I-R-M-E-R.

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This is the court reporter.

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I can't hear him at all.

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Yeah, Mr. Schirmer is very loud.

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Okay.

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Give me a second.

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Is this better?

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No.

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Are you right in front of your mic, and is your device volume turned up?

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Yep, give me a second.

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Yeah, we can't hear you.

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It's very faint.

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So we're going to move on to the next person while you get your volume in order.

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John Scott?

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Mr. Scott, are you there?

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John, you can unmute yourself and wait to be sworn in.

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Hi, can you hear me?

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Yes. Thank you. Mr. Scott, do you affirm to tell the truth, the whole truth, and nothing but the

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truth? Yes, I do. Can you provide your name and address for the record, please? John Scott,

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456 Moyer Street, Philadelphia, 19125. Okay, great. You can proceed. So I am actually going

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to speak in two capacities, if I may. The first, I am an FNA board member. I want to put on the

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record that the FNA followed the guidance by the Planning Commission and

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the Zoning Board of Adjustments in setting up meetings during the COVID

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pandemic. Those meetings allow us to receive public input but unfortunately

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we do not have a secure way to conduct a community vote that we did in person

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before the pandemic. So our meetings were conducted according to our process

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which was established according to the guidance set out by the ZBA and the Planning Commission.

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I would like to further testify on my behalf as a neighbor, not on behalf of the FNA board.

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I live two blocks away. Over the last few years, the neighborhood has put a tremendous amount of

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effort into setting up business districts on Gerrard Avenue, on Frankfurt Avenue, and on Front

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Street, and in setting up the zoning across the neighborhood corresponding to that. There's no

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hardship here that would require the board to ignore those business districts and that

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duly enacted zoning map that would put commercial uses on the commercial corridors. That's it, thank you.

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is there anyone else Tanya we have Hal Schirmer how did you resolve your audio

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Mr. Schirmer you can unmute your mic and give your testimony

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it looks like we lost him let's see anybody anyone else no that's all okay does the board

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has any questions?

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No.

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No.

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Alan, are you done

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with your testimony?

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Yes, I am.

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The only thing I would

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state again, well, first I would like

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I think Jared did affirm it in the beginning.

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He affirmed it, right? It's been so long.

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Okay. The only thing

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I would state is that

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if you look, we have the support

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of the neighbor to the left of us,

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to neighbor behind us. It sounds

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like we don't have you know the support of the people to the right of us but i think their lack

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of support has more to do with their dispute with the current property owner than anything that

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we're trying to do if you look at the history of this property um this has even though this is an

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rsa5 property it's never been used solely as a single family residence it's had cars go back

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It's had cars go back and forth throughout its history.

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and forth throughout uh its history the use that

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The use that we're proposing is a light use compared to what, you know, we could have proposed.

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And, you know, given the, you know, the fact that we're trying to keep JG real estate in Fishtown,

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we really do hope that the board will consider those factors in granting the variance.

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Okay.

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Sharon, I have a question.

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I'm sorry.

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Go ahead, Tanya.

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Secretary Plaza, Hal Shermer has now come back and is unmuted if you wish to allow him testimony.

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Okay.

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Okay, let's try this again.

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Are you there, Shermer?

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Yes, can you hear me better?

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Yes, we can hear you.

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

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Yes, I do.

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Okay, can you put your name and address for the record?

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Your name is Hal, H-A-L.

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Last name is Shermer, S-C-H-I-R-M-E-R.

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Address is 1805 Ridge.

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Okay.

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I'm still having a really hard time, Tanya.

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Okay.

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I'm going to ask Mr. Shermer if you can get as close as possible to the mic.

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If not, we're not going to be able to have your testimony.

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and I would ask if legal counsel Mr. Letter would allow it to be written testimony because the court

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reporter has to get it. I'm back on. I apologize to everyone. Somehow I lost my audio and anyway

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I'm back on I believe. Can you hear me? Yes. Thank you. Sharon. I think we lost him. He's here.

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he's unmuted i just can't hear him okay so um frank yes um was looking to legal counsel but

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would you be okay with how shirmer submitting yes um written testimony because we can't hear

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his audio at all absolutely yes okay and how long would you give him chair well we're off next week

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so uh when we come back on the 13th well the the only thing i would say is that this is subject to

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an acquisition so i think we are actually on a time crunch especially since this has been delayed

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due to covet 19 so it's it it's something that we we were hoping to get a decision today

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would it be possible to try to have mr could we have mr shirmer try to call on my cell phone and

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will put him on speakerphone okay mr shermer can you please do that

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yeah and mr i can't again why am i losing everybody can everyone hear me yes

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yes yes

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Yeah, I'm not getting a response from Mr. Shermer, so I'm going to mute him.

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And Chair, you can proceed as you wish.

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Are you hearing me?

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Yes.

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Very well, Chair.

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Okay.

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Again, I came in very late.

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I apologize.

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I started out in the beginning and lost, as you know, I lost everyone.

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So where are we now with this?

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Are we into the public comment?

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We were pretty much done.

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Confessor, I'm going to leave this up to you for the most part, because in all honesty,

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I never even heard the complete presentation by Mr. Notkinson.

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Well, I was leaning more to like holding it for some internal discussion.

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Jim, Tom, how you feel?

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You guys want to hold it or?

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Yeah, I would suggest holding it.

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Yep, that's where I was going to.

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Mr. Notkinson, as you know, we're off next week,

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and you just mentioned that this may be time-sensitive in terms of,

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I guess they need approval in order for the deal to go through.

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That's correct.

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Tanya, we have a – let me get my schedule out.

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so we have nothing scheduled until the week of 15th with the week of the 14th

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15th with week of the 14th so we normally would do this an executive session but

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so we normally would do this in

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maybe we can make an exception to do with the 15th

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that works for me chair all right if i could uh put on record that the whole session is video

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recorded so all those who had connectivity issues can view the video and then vote accordingly

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I will do likewise. Thank you.

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Okay.

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So, Mr. Chair, when will you vote?

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On the 9.30 session or at the 2 o'clock session?

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We can do the 9.30.

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We can have an executive session Tuesday morning.

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Tanya, does that work?

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Yes, it works for me, Chair.

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So we'll do it at the 9.30 session on the 15th.

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okay we ready for the next case okay yes did you want the planning commission to make a

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recommendation oh sorry yes please this is ayesha unber with planning commission staff

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swear to firm to tell the truth the whole truth and nothing but the truth

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I do. Please proceed. Chairman and members of the board, this property is indicated for single

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family residential use on the comprehensive plan. The use variance is out of context and does not

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demonstrate hardship given significant demand for residential in this neighborhood. The variances

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for the height of the fence and non-residential roof deck are also inappropriate given the

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residential nature of the area. Planning Commission staff opposes the granting of these variances.

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Thank you very much.

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Thank you.

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Okay, we ready for the next one, right, Chairman?

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Yes, please.

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Okay.

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M-I-2020-000-861-631, I'm sorry, M-I-2020-000-674-6600, Cornelia Street.

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Allen, are you still under oath?

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Do you swear or affirm to tell the truth, the whole truth?

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I'm sorry.

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Do you swear?

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No, scratch that.

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I apologize.

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So you agree to waive the reading of his refusal and stipulate to his own person?

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I do.

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Thank you.

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All right.

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So now I'm having technical issues.

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Oh, my God.

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