civus
Hearing video

ZBA Hearing - August 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20216h 3m

what you already have we understand that

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Council Mr. Chairman

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Mr. Hoffman

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Holloman excuse me

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I would say that you should provide

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the pictures

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so that we can get a full picture

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of what's taking place

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I will I'll provide them today

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all right so Sharon and or

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Tanya how do we handle this

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we wouldn't be doing a resumption would we

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we would just

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the executive board

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the record would be closed um miss three how quickly can you get me the photos i can just say

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by the end of the day today i can get you the photos i can't do it like in the next 30 minutes

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i'm not at that my location anymore i had to step out today i'm having internet problems

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so i don't have those materials with me and they're not i can't scan them right now i have to

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go back to my office to scan them to upload it and i can't do that i will do it by the end of

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the day today but i can't do it i can't say within an hour we got it we understand that sharon

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they still have to be presented at a hearing you could set another hearing date strictly

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for the purpose of um viewing the photos so we'll do a resumption hearing correct

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yes and tanya do we have a date august 17th at 9 30 chair

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august august 17th at 9 30

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i'm sorry we have the hearings on the 17th right yes it's too much noise for me

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for some reason my my hearing dates maybe this is an old one i only have the 18th so we do have

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a hearing on this yes dear at 9 30 that's fine hold on ma'am hold on tanya we can do a resumption

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Hold on, ma'am. Hold on.

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Tanya, we can do a resumption hearing on August the 17th.

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hearing on

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At what time?

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I'm sorry.

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Could everyone mute themselves, please?

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I'm just getting feedback.

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Please mute yourself, everyone.

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Thank you.

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Okay, Tanya.

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Yes, if we could, we could do August 17th at 9.30 a.m.

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for the purpose of um just submitting those exhibits um and then we can allow her to go

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forward first that's okay with the board so noted for the record uh ms sunken just put on the record

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this is sharon if you can also note miss three you have to be prepared to present them on your

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screen as well okay miss preet miss three

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i'll be prepared to present them on the screen thank you okay uh we're going to go back to

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my item number three i'm sorry chair i apologize for the interruption but did we get community

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feedback on this one yes a couple of times and we did have somebody who never got on

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jason do we have anyone else waiting for this case i just keep seeing hands raised chair and

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I'm not sure what you could be right. Thank you. Mr. Charles Richardson has his hand raised second

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Okay, Mr. Richardson, you're still under oath, but please identify yourself. Good afternoon. Again,

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Mr. Chair, Charles Richardson from the Office of Councilwoman Cindy Bass from 312 City Hall.

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The Councilwoman is opposed to granting this variance. She looks at this as a home for

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individuals with special services. They don't have the proper paperwork in place for that.

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There's no guarantee that going forward that should the clientele of the rooming house change

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that it would not change the complexity of the neighborhood. There's no guarantee that it will

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continue to be individuals that are older with special needs. So also the

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The RCO has come out against the granting of the variance, and the Councilwoman does support the community in this.

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Thank you.

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Planning Commission.

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I think Charles Karn is still on, is on with his hand raised as well.

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All right, Mr. Karn, are you there?

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I apologize.

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I'm not seeing some of these names on the screen.

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I apologize.

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Colin User, whose hand is raised, I'll allow this person to speak.

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Had I known that, I would not have continued this case for the photographs, to be honest with you.

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So let's hear from Mr. Korn.

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Colin User, if you're Mr. Korn, please identify yourself and wait to be sworn in.

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hello

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no this is adrian fernandez from swamford rco to testify on this case

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uh please all right do you swear for him to tell the truth the whole truth nothing but the truth

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uh yes do you want and i got i got excuse me one second i got ahead of myself please

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spell your name for the record okay i just wanted to ask do you want mr connie go first um you can

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go you can go since you're on good okay it was hard to get in i've been pressing star nine like

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eight times um my name is spelled my first name is adrian a-d-r-i-e-n-n-e my last name fernandez

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f-e-r-n-a-n-d-e-z swampoodle neighborhood you swear to firm to tell the truth the whole truth

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

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yeah please proceed okay um we are we have sent in written testimony and we are opposed to this

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variant um pretty much um primarily the reasons that the council office gave uh we also noticed

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that after the testimony that this is a special occupant household and that the paperwork to

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apply for that should have been completed. Also, it's pretty disturbing how long this house has

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been illegal. There's illegal work done. To my knowledge, you cannot install bathrooms.

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The question from the board member, Mr. Holloman, gave the result of three bathrooms,

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gave the result of three bathrooms and you have to have plumbing permits for that so that means

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and you have to have plumbing permits for that. So that means that there's illegal

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that there's illegal work done in the home with no permits also coinciding with illegal use

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as boarding house and or multi-family at various times over many decades also the rental license

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if that is not applied for that means that lots of income for decades has been being collected

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from these residents without paying Philadelphia business taxes and any other taxes that would

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apply.

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So we're opposed for those reasons, along with the reasons that we sent in.

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One concern for safety is we don't understand how the house can be fire certified without

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having legal zoning and legal occupancy allowed.

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We don't really understand that, once again, for decades.

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Thank you.

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Going to what we sent in in written testimony, we are opposed to the variant because this type of use in our vicinity will represent overuse of the variant.

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We're congested with illegal rooming houses, and a few that have been approved.

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And we're having a horrific problem with dumping of household waste, mattresses, like every week, how many mattresses can a person buy and throw out?

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and from rooming houses as reported by our neighbors and um the um the transfer and the

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dumping burden is overwhelming many times we have no idea these are rooming houses we have

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no way to find the owners we just don't know how to find them they could be houses that are in a

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state or something and it's just a huge problem um you can summarize it okay mattress waste

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household waste construction waste also this sort of use is not compliant with our philly 23

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philly 2035 plan that we did participate in um for i guess a couple months also

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this house can be converted as testified to by the council office um to transient occupancies

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we understand now there's like special occupants but that could be converted to transient occupancy

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that that point that that point was made by the councilwoman's office uh so if you could summarize

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we agree with that and um and that's not um acceptable in the rsa3 district and um if if

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the board does approve the use we're asking that we can come back to give um provide those and

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otherwise that finishes our opposition but if we can be um when we raise our hand can we be

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recognize to offer provisos if the board votes to grant this variance thank you Mr. Karn thank you Mr. Karn

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Mr. Karn please raise your hand

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anyone else there's mr corn now i think i think we got him mr corn please unmute yourself spell

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your full name and i'll swear you in charles con c-a-r-n 3853 north 19th street 13 ford rco

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chairperson you swear if i'm to tell the truth the whole truth nothing but the truth yes sir

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sir please proceed good afternoon sir um as the um council did state we did have a meeting

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i think the information um forward was incorrect concerning the voting the voting was not in

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favor and that's why we were opposed to it in addition when the owner um stated that she had

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the home for so long and no license. It was mentioned already. I just want to just reiterate

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on that. But also the owner stated she was, this is fact, administering medicine. And that was a

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disturbing statement.

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The gentlemen

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who were there, no one objected to

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the statement, and I was just surprised that she stated that.

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In addition, when I did have the conversation with the

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council, she stated that they were going to

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change it into a three-family unit.

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That did not happen. Just recently, I received a call stating she was going to ask,

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she was going to ask, council was going to ask that you list this hearing. So it was really

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counsel was going to ask that you list this hearing.

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a surprise to me that we were going to go forth with this. And that was probably, I got the call

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probably from council probably two, three weeks ago. And it was too short of a time to schedule

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an additional RCO meeting. However, I talked to the council person, the state rep in October,

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and you should have letters from all three.

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I'm stating that we oppose as a 13th Ward RCO

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oppose legalizing this rooming home.

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Thank you very much for your testimony.

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Thank you, sir.

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I think we have heard as much as we need to hear

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a planning commission.

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Good afternoon, board.

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Peter Renard for the planning commission.

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Spell your full name, please.

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My name is spelled P as in Paul, E as in elephant, T as in tiger, E as in elephant, R as in rabbit, B as in boy, A as in apple, R as in Roger, N as in Nancy, A as in apple, R as in Roger, D as in dog.

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

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I do, Chair.

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Thank you. Please proceed.

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This property is indicated for single-family residential in the comprehensive plan.

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we feel the applicant has demonstrated sufficient hardship in history of existing use however we

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feel the proposal for nine units represents an overuse accordingly we have no objection to the

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granting of the variance but request the number of single room occupancy units be reduced

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thank you uh earlier i stated that we were going to have a resumption hearing specifically to get

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some uh information from the applicant through her attorney uh since then we've taken other

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testimony, which I was not aware of, was coming. Having said that, MI 2020-0002473625 North 22nd

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Street. My vote is no. Professor Plaza, my vote is no. Mr. Holloman? Thomas Holloman, my vote is no.

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All right, we're going to go back up to number three, MI 2020-002-758-3018 Midville Avenue.

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Mr. Bertil?

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Yes, sir.

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Okay.

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Mr. Fossett, we'll read.

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Jeff, this is a continuation, right?

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A resumption hearing.

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That's right.

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Please proceed.

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Good afternoon.

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We did say we're going to hear this case,

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and you'll be attending a meeting with the RCO on August the 18th, correct?

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That's correct.

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The updated renderings of the project, my understanding is that they haven't seen.

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And so we certainly don't want to have a vote or anything taken before that happens.

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And so if I can begin, I'll share my screen.

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Please proceed.

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Okay, thank you very much.

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As was stated, my name is Steve Bertil.

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I'm representing the owner and applicant for 3018 Midvale Avenue just to I know we slightly

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refresh the board sort of on the procedural history of this matter when we're discussing

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the continuance but I just want to touch base on the substantive aspect of it just to bring

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everyone up to speed as you may recall this matter is like as I stated for 3018 Midvale

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avenue that's situated on Midvale between Stokely and Fox Street. The property itself is

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not uncommon to some of these larger parcels. It is actually sort of two distinct

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lots, although they're under one tax ID number. So you'll see that this is deeded as a separate

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area but it's one under one uh address and under one text id number um so the the the appeal for

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this project as the board may recall was um for the legalization of a partially um constructed

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rear structure um for uh parking um two parking spaces on the ground level and a our intention

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at least, was for an accessory dwelling unit on the second level.

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If the board remembers, there was, in fact, let me just show it.

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if the board remembers there was in fact let me just show it so uh the board remembers the refusal

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initially um the language on the refusal was uh a bit confusing um where it mentioned single

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family use but it also mentions um storage um and therefore um there was at the the community

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meetings that we had before our first zoning hearing on January of this year, there was some

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confusion about that. Now, I should say for the record that the owner himself has maintained

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completely throughout this entire process that his intention was to utilize this as a dwelling

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unit on the second level, but the refusal didn't reflect that properly and thus the refusals that

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were issued initially created some issues. And so the original refusal

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here was for accessory parking and then also, excuse me, for the height of this structure,

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which had a limit of 15 feet, and for the location of the residence, which was within three feet of

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the adjacent property line. At the community meetings, in addition to the refusals, there

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were one, problems with the fact that the owner and applicant started constructing the

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accessory garage without the proper zoning permit, which obviously was well within the

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community's right to have a problem with that. And thus, when the applicant went to

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go get building permits and they said they needed zoning and they realized that they had they need

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to go get a variance and that's when they started this process. I will maintain that throughout this

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