civus
Hearing video

ZBA Hearing - November 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20214h 52m

uh it's it's bill we are live it's bill we're live okay thank you uh and tanya and fatina

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we'll give you a few minutes yes let us know when you're ready

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well we have 24 attendees are we ready to go and if you are yep okay all right good morning

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everyone my name is frank de chico i'm the chair of the zoning board of adjustment

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i'll be participating in today's hearing along with our vice chair ms carolton erie

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present okay uh board secretary confessor plaza present and the board members mr thomas hollowman

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present and mr james snell present also in attendance is our board administrator for today

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ms fatina l and our board attorney ms sharon saletta also our zoning board administrator

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moderator, Ms. Tanya Sunkit, is available as well. For those of you who haven't yet participated in

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one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded,

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pardon me, and that by participating, you acknowledge your agreement to be recorded

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and that the recording will be made available to the public by contacting Ms. Tanya Sunkit

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at tanya.sunkit at phila.gov. For anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat that.

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Anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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And I will repeat that.

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to enter an apparent statement call google number 267-270-5548 and leave your email address

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and the address of the property at issue and i would like to remind everyone please do not attempt

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to testify in the chat uh any questions comments or concerns should be directed to our board

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Administrator Ms. Vatina L. Having said that, I will read a list of requests for continuances

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and or withdrawals from the 930 list. Case number two, MI 2021-002627, 1302 North 50th Street,

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That's 50 Street is withdrawn. Case number three, MI 2021-002632. 1444 South 52nd Street.

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Cases continued. Case number six, seven, eight, and nine. Case number six, MI 2021-002-628-1931-33

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Rawn Street continued. MI 2021-002624. 1915 Watkins Street is continued. MI 2021-002630.

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1913 Watkins Street is continued, and MI 2021-002625. 911 Watkins Street is also continued.

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If anyone objects to the continuance and withdrawal case that I just read into the record,

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please raise your hand. Only if you object to the case that I just read into the record as

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being continued or withdrawn. Chair, we have Gabrielle Joyner. Please unmute yourself and

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please wait for the chair. Gabrielle, please spell your first and last name and I'll swear you in.

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Gabrielle, please spell your first and last name, and I'll swear you in.

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Gabrielle, G-A-B-R-I-E-L-L-E, Joyner, J-O-I-N-E-R.

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

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Ms. Joyner?

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Yes.

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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.

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Thank you. Please proceed.

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um so i am objecting to the location of these properties being turned into from single family

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zones i'm sorry ma'am what what's case what properties you're speaking to the three properties

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on walkin street that case those cases are being continued what does that mean we're not hearing

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the cases today they'll be continued to another date you'll posting will be put up for the next

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hearing and you can testify at that case at the time of that hearing can i object to them being

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allowed to be continued you can but we're going to continue them because we don't have the attorney

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for the applicants no one else is here to testify but we'll note that and if you still are opposed

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to the uh to the these properties being converted or whatever the case is because i don't have that

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information in front of me, you're welcome to call back at the next hearing and state your

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opposition. Will I be able, will they have to repost a notice for when it's going to be? Yes.

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Okay. Okay. Object. Thank you. Anyone else object to any of the cases that have been

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continue being continued I see no handshake and I will now ask thank you I will now ask if anyone

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would like to request a continuance or withdrawal for the 9 30 list please raise your hand

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chair we have house please unmute yourself and please wait for the

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good morning hal please spell your first and last name and i'll swear you in

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uh good morning first name is actually henry h-e-n-r-y last name is shirmer s-c-h-i-r-m-e-r

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you swear for him to tell the truth the whole truth nothing but the truth

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yes i do i'm sorry for cutting in

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commission. That's quite all right. Requesting a continuance for 6227 Lancaster Avenue was

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retained on this case recently. We just got essentially a letter saying that these

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That's not on the 930. Is that the 930 list? Yes, I believe you already read it as continued

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chair. It's number 12. I didn't hear it go through. Sorry. I actually did not read it.

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i apologize okay thank you we it's not marked as continued so 6327 lancaster you're requesting a

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continuance correct correct all right i'll read that into the record mi 2021 i'm sorry i don't

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know this is tanya the zba administrator i don't know if it's appropriate not but mr reuter is

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available for this case as well mr reuter and he there was there were emails back and forth on

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this case mr reuter um stated that he had no objection either and it's a case where he couldn't

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have gone forward because there are no exhibits right can you please identify yourself and we'll

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get you on the record thank you uh sure thank you uh may please the board leonard reuter r-e-u-t-e-r

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for the city of philadelphia um yes we're firm to tell the truth the whole truth nothing but the

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truth? I do. The reason why we're involved is Mr. Shermer indicated that there's likely or there

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will be an appeal against L&I added to this case, but we discussed the matter via email.

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And obviously, we're agreeing to the continuance, but also, and Ms. Saleta can clarify this, I

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believe the applicant may be amending their permit application. And I'm not 100% sure,

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but i believe the the board would need to authorize that amendment and we're obviously

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have no objection to that and that would be something that would be handled by a letter

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a letter to um just a letter yeah okay i'll explain the process to mr firmer offline okay

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great thank you thank you all okay so mi 2021-002621 6327 lancaster avenue is continued

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Any other requests for continuance or withdrawals on the 930 list?

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Chair, we have Jacqueline Baez. Please unmute yourself and wait for the chair.

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Please unmute yourself and wait for the chair.

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Good morning, Ms. Baez.

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Good morning, Ms. Baez.

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Please spell your first and last name.

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I'll swear you in.

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Jacqueline Baez.

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J-A-C-K-E-L-I-N.

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Last name Baez, B as in boy, A-E-Z.

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

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Yes.

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You're calling regarding 1210 Elbridge Street?

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Yes.

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Are you asking for a continuance?

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yes um excuse me miss bias i i did receive all of your documents you are not you do not want to

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go forward today i would love to go forward but i was told that my letter from the rco meeting um

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i was supposed to do a verification uh melon uh certification letter to the um neighborhood

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i mail the letters out but i did not do the melon certification part okay um but we do

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have a letter from the rco in opposition if i mean if we if we can go forward you know but that was

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the only thing that the rco said you know i didn't verify i didn't have my melon certificate

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okay and that might have been the reason for opposing so it probably is better if you continue

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and go through the necessary steps and come back.

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Correct.

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Thank you.

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So MI 2021-002622, 1210 Elbridge Street is continued.

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Must be heard.

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Any other requests for continuances or withdrawals?

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Chair, we have Hillary Emerson.

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Morning, Ms. Emerson.

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Please identify yourself.

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I'll swear you in.

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Yes, Mr. Chair.

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hillary emerson on behalf of councilwoman sherelle parker e-m-e-r-s-o-n work for him to tell

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the truth the whole truth nothing but the truth yes i do um i'm up can you hear me yes okay um so

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here about two cases one the the elbridge um street case um we advise the applicant to request

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a continuance because letters were not sent notifying the community of the meeting um so

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we need to have another meeting um where the the neighbors receive notices about the meeting so i

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just wanted to clarify yeah clarify that case that case is continued right right i heard that i just

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wanted to clarify the reason for the continuance um the other case i'm here on is 5929 north 5th

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Street, and I understand from talking with the attorney that there's a continuance that's supposed

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to be requested, but I haven't heard it requested yet. I think Justin Crick is the attorney for

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that case. Well, Mrs. Sharon, we didn't receive exhibits for this, so it would have to be

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continued. Okay, yeah, there was no meeting held yet, but I understand Mr. Crick was being retained

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and they would be requesting a continuance, but I didn't hear it. Okay, thank you, Hillary.

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thank you all right uh sharon do we need to get mr crick or could we just continue it

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um i think you can just announce it as continued unless he is present and raises his hand and has

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an objection to that but it would have to be continued in any case all right i'll see if

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he's out there is mr crick out there no chair not listed under his name okay thank you so case

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number 11 mi 2021 that's zero zero two six three three five nine two nine north fifth street is

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continued must be heard that only leaves us with two cases i believe um anyone else requesting

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a continuance or withdrawal i see no handshake okay with that i believe we go to case number

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4, MI 2021-002629, 1713 North Kroski Street. Rachel Pritzker is the attorney of record.

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My notes indicate we have not yet received a letter from St. Elizabeth's RCO.

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oh mr chair this is sharon you actually we did receive it after the executive session

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um mary jones um reached out to the rco i emailed that letter to all the board members

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okay thank you all right then we can proceed mr saverin please identify yourself and i'll

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swear you in sure uh brandon saverin of pritzker law group uh b-r-a-n-d-o-n um s is in sam a v

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as in victor r-a-n you swear a firm to tell the truth the whole truth nothing but the truth

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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 i do thank you

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Yes, I do.

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Thank you. Ms. Teneri has a few questions for you.

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Carol?

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Okay, yeah, I was muted.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance,

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a copy of the refusal or referral photos and or plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter um yes to all the above madam vice

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chair except the letter and um if if i could ask sharon um is this um sharon i know that the board

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was missing several letters from this rco from from you know watch brandon we've actually received

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it i did not i'm i didn't copy you but i did see that when mary jones sent it she copied rachel

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would you like me to send it to you right now sure was it in support no it was not it's in

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opposition okay uh that's that's really out of the blue to me uh we we had a vote in support at the

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meeting but um would you like to be moved back one case so that you have a chance to review this

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yeah that would be very helpful thank you okay thank you all right we'll go to number 10 on our

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list mi 2021-002631 536 green lane jake griffin is the attorney of record central

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Roxborough Civic Association sent a letter of support.

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Mr. Griffin, if you can unmute yourself, identify yourself, spell your name, and I'll swear you in.

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I'm sorry, Chair, which case did you call?

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There I am, sir, I believe.

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Number 10.

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okay i think um there was also number five i skipped five i'm sorry mr griffin if you can

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hang in there a minute i have another case to go to we'll get right back to you all right case

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number five my apologies mi 2021-002 613 1828 south second street the applicant uh is dorothy

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vissack v-i-s-a-c-k a letter of non-opposition from councilman mark squilla i don't know if we

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received a letter yet from pensport civic so miss vizack vizack if i'm pronouncing that right

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i'm sure we did receive a letter we actually just received that and it is in support okay thank you

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chair there's no hands being raised at this time one moment here she is

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miss visek

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hello hi uh please spell your first and last name and i'll swear you in

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d-o-r-o-t-h-y v-i-s-a-c-k and do you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes thank you um you are the owner of this property correct yes it's not

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a corporation or an llc right no okay so tell us ma'am what what it is you're here for i'm sorry

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Ms. Tenere has some questions for you.

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Hi.

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Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal or referral, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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Yes.

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except for I am fighting the tax

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the tax

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clearance. Excuse me, this is Sharon. I went to the revenue site

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and the property is tax compliant.

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Thanks, Sharon. Okay, you may proceed.

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I'm just trying to

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make more parking on the street. I didn't

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I don't need the lot anymore for a yard for the kids, so I decided to make it park.

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Do you have any exhibits you can share with us?

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I guess I sent them all.

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Are you able to share them with the board this morning?

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um i can it might take me a minute just to send them no worries no worries

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I can. It might take me a minute.

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um send them to you

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I want to forward your little stuff I forwarded to.

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Ms. Vizek, to be clear, the board is probably interested in seeing any photos or plans that you can share with them.

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Okay.

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Chair, this is Tanya.

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Would it be okay if we can give her a minute offline to get set up?

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and then Mr. Griffin is saying in the Q&A

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that he's ready to go forward.

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Good suggestion, thank you.

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So we'll get back to you, Ms. Vissak.

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They'll talk to you offline about how to...

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All right, she...

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Sorry?

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Pardon me?

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Let's go back to Mr. Griffin.

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Mr. Griffin?

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he's coming back in as a panel this year

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all right mr griffin please spell your last name and i'll swear you in

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that is uh g-r-i-f-f-i-n first name is jack uh jake or john

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it's john everybody calls me jake so i'll take anything you want all right jake do you swear

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for him to tell the truth the whole truth nothing but the truth i do mr duchico i'm getting a note

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here it says uh that i i don't seem to be able to uh come on video i'm not quite sure why but

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let's do this let miss tenere ask you a few questions and then we'll have tech staff help

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you through that and he's already sworn you're already sworn in yes yes do you agree to waive

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the reading of the refusal and stipulate to its accuracy yes ma'am thank you do you have or have

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you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal

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or referral photos and or plans of the property five days in advance of this hearing and have you

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met with the RCO, and do you have a letter? Yes, ma'am. Okay, you may proceed. Mr. DiCicco,

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I forwarded a packet roughly five days ago. I may have trouble sharing this, but I'll give it my best.

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This is a situation where really all we're trying to do is legalize this situation out of the

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blue many many months ago this uh individual and her uh her business which is a professional

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dance studio perhaps one of the only ones in that particular area uh got cited for not being

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properly zoned uh we jumped on the situation immediately uh starting addressing that filed

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the necessary appeal. So we're not asking new construction, any additions, no extensions to the

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dwelling, just simply to legalize that. We met with the RCO. We had a number of contacts with

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them. We finally had a Zoom meeting with approximately 37 people attending, coordinated

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coordinated by Celeste Hardister. And attached in the packet that I sent is a letter of support

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that was dated October the 18th. We've also attached as Exhibit 2 the refusal. Exhibit 3

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was the property deed. Exhibit 4 was the floor plan and elevation drawing designed by an architect

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that we had retained jamie l kelly but we really don't i don't think need that in light of the fact

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we're not looking for any construction we're just looking to legalize this um we've attached just

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for your review seven color photographs uh i'm sorry then this is yeah is it possible to have

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Yeah. Is it possible to have any pictures or anything shared? Because we have people asking questions.

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any pictures or anything

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Yes. Let me see if I can do that.

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So if you have your documents that you're discussing open already, all you have to do is hit the green button at the bottom.

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if it is a computer you're using hit the share button it's a i'm on a uh i'm on an ipad so i'm

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i'm hitting the share and um then click on hit on the document

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i don't see i don't see that as one of my options

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once you hit the share button no documents come up for you to select no i i have them

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I'm right in my Dropbox all set to go.

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Yeah, I'm just having trouble.

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Chair, the only reason why I requested it,

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because we do have someone in the Q&A objecting to things,

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but if there is nothing for the audience to review,

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it's up to you how to proceed

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yeah I'm just trying

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Mr. Griffin

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Tanya

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Tanya said there's someone out in the audience

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who wants to speak on this case

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yes

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Mr. Peter Gamillion

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I believe he's

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a nearby neighbor

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we can allow him to speak as you wish

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let's get his testimony

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while we're working through the technical issues with Mr. Griffin.

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Okay, Peter, you can wait for the chair to swear you in.

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Good morning, sir.

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

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My full name is Peter Gomillion, P-E-T-E-R, last name G-O-M-I-L-L-I-O-N.

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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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Thank you.

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Could you please proceed?

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Yes. So I live next door to Jeanette's dance studio.

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We're at me and my girlfriend, Dr. Kristen Whitaker at 534 Green Lane, directly abutting this property, requesting some sort of variance.

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We wish to stand firmly against it. And for two reasons, I'll explain those two reasons.

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starting with one their customers don't have anywhere to park and they're using the front

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of our driveway as their parking lot I submitted an email showing photographic evidence of this

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this blocking of the driveway happens on a daily basis and it's unbearable we're unable to get in

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and out of our property. I've had to call the police a few times. And I also have been threatened

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with some violence by one of her customers. And that's why we called license and inspection

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before we, you know, try other means to get this activity to stop. I'm not sure if you can,

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If you have that email I sent, I have an Arlo camera above our garage that shows them blocking our driveway on a daily basis.

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Your objection is based on, correct me if I'm wrong, on the inconvenience that customers or patrons of the dance studio are causing you and your lady friend.

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exactly it's it's it's it's the driveway it's the noise um they're operating no one lives there

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but they're operating this commercial business right next to our home and you know 15 20 cars

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come in daily early Saturday mornings all day Sunday and they're blocking our driveway

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where there's confrontation when we're trying to get in and out of our home

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um and we can't easily get in and out of our home without um some sort of confrontation

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um the parents are taking their kids and leaving their vehicles and going to five three six green

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lane in front of our driveway where we don't have access to the road you know in any sort of

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emergency situations and also um we're inconvenienced and we're not we're not able to

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enjoy our property and this commercial business next door um is a nuisance

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and this commercial business next door is a nuisance.

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Thank you. Mr. Griffin. I'd like to show my, I have photographic evidence and I'd like to share it.

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Please. Now how, I sent it by email, would you like me to. So staff, I'm sorry sir,

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do you have your information to share at the moment? I do. And it's up and ready to be put up

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on the screen? It is. Okay, staff, could you please promote him to a panelist to give them

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authority to share a screen? Yes, he's coming back in as a panelist now. Thank you.

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Okay, so let me see. To share my screen.

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Are you on a computer or laptop? I'm on a computer.

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So at the bottom of your Zoom screen, you should see a button that is green and states share.

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Oh, I see. Thank you.

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But before you click on that, are your documents open?

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They are.

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Okay, so you should be able to click on a share, then touch on your document, and it should allow you to share the screen.

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are you able to see my screen yes sir is the photographs you're showing is that your driveway

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it is and as you can see um they don't have cars those are these two are red and black are our cars

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and as you can see there's no parking for them to even do this activity they're doing

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and they just get out their cars every every night you know nine ten o'clock at night kids

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are screaming you know and they're just blocking our driveway we can't get out there's like 10 15

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cars all all night and we can't leave and they show no respect and no consideration um for our

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driveway sir excuse me is that red car in your driveway it is so okay i thought that red car

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was his car the black car is a black and red car okay these are this is our this is 534 green lane

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it's a townhome this is our driveway and as you can see through this evidence that they are blocking

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our driveway i cannot leave the white car in the lower portion of that bottom uh photograph is not

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your car it's not our car it's the next door neighbors to us to the right the dan studio is

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to the left i don't know why they're pulling in front of our driveway does your neighbor

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have your permission to park his or her car in your driveway

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it's that white car it's a townhome i'm asking does the drug does the owner of that white vehicle

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have permission to park in your driveway um if he would ask um i don't know i don't know why he

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would park in my driveway he has his own driveway this is confusing isn't that his driveway that

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he's parking in because it is a townhome i'm sorry can you repeat that yes the white car

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is the owner of the townhome next to you correct isn't that his portion of the driveway

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wait wait wait this is his where the white car is parked this is his driveway that's his

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portion of the driveway correct okay so it's not someone who's not um residing in your property

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or the townhouse it's your car the red and the red and black car belong to you and the white

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belongs to the townhouse occupant correct correct they have their two spots we have our two spots

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and your concern is in that one photo where people pull up block your driveway while they're

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get out of the car and taking their kids into dance studio or or picking them up from dance

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whatever they're doing whatever they're doing it's it's it's a lot well how long did the car stay

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It's a minute too long. I've been threatened with physical violence. We're trying to get in and out. We can't get in and out.

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I've been I've been you know we're trying to get in and out we can't get in and out we're being

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ignored it was a time we were trying to get to the airport we're trying to go up the street to

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ridge to get a COVID test we can't get we can't get out of our property I mean what is this but

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those cars that the photograph you're showing with the red car the door is open they're not

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permanently stopped there right they're discharging or picking up someone from the dance studio correct

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they're they're there on a daily basis i understand but they're not parking permanently

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they're just are they not parked are they not blocking my driveway sir they are for that minute

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when they're letting their now it's not just a minute um because it's it's compounded it's this

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minute after minute for 30 minutes a day daily understood what the rest of my life

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sorry other than the parking situation do you have any objection to the activity or that the

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business that is uh going on at this 536 green lane we do we do we do um and it's it's surrounding

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the noise and the parking we can't we stand firmly in objection to it we stand firmly in

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objection to any sort of approval with conditions because her customers have shown for the past

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year that they will not find other suitable legitimate ways to carry out their business

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so we certainly just are in again against it and totally all right thank you mr griffin

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yes sir is your client the owner of this or did it have a lease no my client is the owner she is

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present all right um we can address all these issues yeah please please proceed

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uh jeanette are you uh on or someone could let her in mr chair can someone maybe jeanette share a

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screen hi hi how are you yeah ma'am please spell your first and last name and i'll swear you in

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And I would ask the previous witness, Mr. Gilman, Goldman.

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The Million.

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The Million.

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Please take your screen down, please.

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So, Jeanette, please spell your first and last name.

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Sure.

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It's Jeanette, J-E-A-N-N-E-T-T-E.

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And my last name is Rowling Julia.

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that's r-a-w-l-i-n-g hyphen julia j-u-l-i-a you swear affirm the terrible truth the whole truth

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nothing but the truth i do thank you please proceed um so just to comment um in regards to

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Mr. Gamalion's comments. First of all, we're not open on Sunday at all. We're in the studio

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Monday through Thursday. Our hours are roughly between 5 and 9.30 in the evening, and then

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Friday, 6 to 7, and then on Saturdays, 9.30 to 1. To speak in reference to the pictures that he is

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posting, I believe most of them are from last year. And last year, due to COVID, our parents

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were not permitted into the building at all. So what we did was we developed almost like a pickup

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line so that we could get our kids safely in and out of the building without cross-connecting

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with the other group that was coming in. So no one was able to enter our building at all

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other than the students. There was an issue with Mr. Gamaliel, and I did address it immediately.

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I've sent multiple emails out to the parents to please not block the driveway. And on any occasion

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where I see anyone pull up in front of his driveway, where their car would be butt up

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against his curb, we have addressed it immediately. I have even gone out as far as to contact the

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police, the Roxburgh, I guess it would be the police officer that handles community affairs

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to try to address this with Mr. Gamaliel. And there was a meeting that was supposed to be set

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up in the summer that never actually happened. I'm not sure why it didn't, but I was more than

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willing to address this with him because we have been there for 25 years.

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to address this with him because we have been there for 25 years um so of course my my first

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concern was we really need to get this addressed addressed and taken care of what i will tell you

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this year is that what the pictures that he is showing you that is not happening because our

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parents need to actually park their car to come into the studio to pick up their children.

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So our kids are not dismissed now unless a parent comes in and gets them. So they do have to legally

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park. To address the whole issue with pickup, it literally is five minutes. Our classes end,

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say if we have a 4.30 to 5.30 class, our class ends at 25 after 5 and our next class starts at

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5.30. The whole pickup drop-off is literally five minutes at best. And we do not have classes

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at 10 o'clock at night. And the kids that are leaving later at night are older children. Most

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of them drive they're not out there partying on the street making a ton of noise

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thank you okay mr griffin yes sir um were you able to get any photographs up or no

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judge i just can't seem to be able to do it i'm having some sort of a glitch okay no no worries

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all right um so your client she owns the property she's not a tenant correct

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That is correct. She owns the property, not a tenant. This is not a situation where improvements are looking to be made or anything of the sort. Out of nowhere came Elle and I months back and said, you know, your zoning is incorrect.

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So we look to address it. Really nothing more. Sent out notices. October 7th meeting with the RCO. Many of, I think, the members of that RCO had children that had passed through this dance studio for teaching.

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um it's a wonderful uh long-standing uh tradition in this neighborhood uh and and all we're looking

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to do is quote-unquote legalize it that's all understood thank you all right um any questions

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from the board uh yes mr chairman do the attorney have any site plan do you have any

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site plan parking pictures something to show to see what the physical problem is

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we we do not have any parking pictures we do have uh three pages of an architectural design

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which shows essentially the inside of the property, the basement floor plan, the ground

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floor plan, and the elevation of the property. We do not have pictures of the outside of that

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street area. This issue was never presented to us as an issue. It was not raised at the RCO level.

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There is a free parking lot now, which is right around a corner that the parents now use that has not been around for hundreds of years.

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so um this issue i think was in large part last year that was covid based uh and now all parents

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are instructed to uh find a spot uh come in get your child and then leave and looking at the

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photographs that that mr gomillion presented that was obviously what happened last winter

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there's a lot of snow on the ground so my my guess is some of the on-street parking spaces

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may have been taken up by snow piles that were put up as a result of snow plowing and stuff like

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that so it's a challenge between that and and and covid is certainly a challenge i know i pick up

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my grandchild at daycare go through the same problem all right any questions from the board

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no mr chairman no no anyone else beside mr gomillion who would like to testify in this case

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please raise your hand chair we have the owner excuse me did you want to hear from her again

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Excuse me. Did you want to hear from her again?

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No, I don't think it's necessary.

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Mr. DiCicco, I was only going to wrap up before that, if I may.

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I apologize. Please do.

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I'm sorry. Did we hear from Kristen? No.

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No, and we still don't have any.

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So we have a Kristen with a hand up. Did we hear from her?

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no no i thought you i thought fatina said the owner the owner uh i'm sorry i misspoke

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no worries that's okay no worries uh christian whitaker

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hello christian whitaker please spell your full name and i swear you win

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the first hello um mr chair the first name is christian k-r-i-s-t-n the last name is

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Whitaker, W-H-I-T-A-K-E-R.

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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.

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Please proceed.

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So I actually am the owner of 534 Green Lane.

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My boyfriend, Peter Glebelian, is the other occupant there.

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So I do think it's necessary for me to speak, so I appreciate this time.

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I really just wanted to kind of respond to some of what has been said, especially Jeanette's

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comments.

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the first thing I will start with saying is that I really don't think that this is a case of

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whether or not Jeanette is a good person or whether or not Jeanette is providing a valuable

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service to the community I don't deny either of those claims I think this case really boils down

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to is Jeanette running a business at a proper location and in a proper manner which I say

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strongly she is not okay so you know Peter showed you guys the evidence of the parking

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Jeanette, and you know, we shared some pictures and unfortunately it's a little hard to have the

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dates. Jeanette makes the point that this all happened during COVID because of different

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stipulations of how the parents had to pick up their children. This is absolutely not true.

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We shared photos from the entire last year. We have multiple photos on our camera from every day

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this week and last week and the week before that where customers are continuing to block the

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driveway. What I actually will say is probably worse now than in the past is that her customers

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literally get out of the car. There have been times that I have come home from work and there's

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no customer even in the car. So even if that's just for five minutes, if I can't get in my driveway

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for that five minutes, that's an inconvenience and that's a problem. So she'll say, oh, it's just

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five minutes. Well, it's five minutes when one car leaves and then another car comes and then

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another car leaves and another car comes and this continues on to nine or 10 o'clock at night.

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it's a problem so you know I think the driveway is one thing but I do just want to refute the

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point very strongly like I said we have many many photos on our camera showing this continuing to

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happen but this was not a COVID issue this was not an issue that there's snow on the ground and

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now they can't park in the parking spots that's not the issue this is a continued issue despite

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COVID and changes to how she runs her business um so that's you know number one um number two

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and I think it should be emphasized is that her her patrons have no consideration for other people

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like Peter said he's been threatened with balance when he's approached people to not block the

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driveway I literally have been coming in in the driveway someone's standing in my driveway

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talking on their cell phone this has happened multiple times I have to blow the horn and

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get nasty evil looks from people I've had times when I'm trying to come and go and I ask someone

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could they move the drive when they say hold on one second they're just waiting for their kids if

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I'm supposed to wait for them to pick up their kid when they're blocking my driveway and preventing me from coming and going.

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That's extremely problematic. So parking is one issue.

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The second issue is that it is noisy. You know, Jeanette references, oh, well, it's not like little kids are outside at 10 o'clock at night.

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No, sometimes it's not the little kids that are making the noise. It's the adults.

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So it will be situations where people are literally coming out of the side of the dance studio, yelling down the street something to someone on the sidewalk or in their car.

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So that's noisy. That happens multiple times a day. There are also kids during the day and early evening yelling and screaming outside of the dance studio. This happens routinely. This is not something that's a rare occasion.

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Jeanette also points out that whenever she's seen someone blocking the driveway, she asked

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them to move.

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I can't refute that she does that.

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She may be doing it, but whatever she's doing is not working because her customers still

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continue to do this.

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And while Jeanette may do that, she can only do that when she's physically outside.

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If she's inside teaching a class or supervising a class, clearly she can't ask someone to

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move.

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And again, while Jeanette does that, her daughter, who's another teacher and intimately involved

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in the dance studio absolutely does not do that. I have seen her daughter on countless times,

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someone's blocking our driveway, her daughter come out of the dance studio, see them be having

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a conversation and never once say, oh, can you guys not be blocking the driveway? Or I've even

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seen her on one occasion where someone's blocking the driveway, I come out of the house and then

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the customer apologizes for blocking the driveway and the daughter says, oh no, no, it's okay,

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the customer apologizes for blocking the driveway and the dog says oh no no it's okay it's not a

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it's not a big deal. Well, no.

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big deal well no it actually is a big deal it's inconveniencing us and inappropriate because it

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goes on to nine or ten o'clock at night and that is correct they don't have class on sunday um so

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that mr chair excuse me can i ask a question is this in a single family home the dance studio

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no it's not it's it's it's in a it's a building uh on a red in the middle of a residential street

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okay it would really be helpful if we could see pictures exactly uh that's what we need

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is to see the parking arrangement and the zoning of the site in rsa3 district according to sharon

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and it is only on the first floor is that true that the dance studio is only on the first floor

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does your client live upstairs no Jeanette you can explain that before before Miss Whitaker

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how long have you lived at your current address hello Miss Whitaker I believe he said that she

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doesn't live there is that true hello yes miss Whitaker you can answer yes I moved in in October

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2020 um and I think you know it's a very relevant point Mr. Chair because this is also something

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Jeanette mentioned that the dance studio has been there for 25 years and this was just coming up as

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an issue the reality is prior to 2014 when these townhomes were built my understanding is that

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there was a parking lot there that actually was affiliated with Jeanette's building so people her

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customers could have parked there that no longer is the case so they don't have parking and the

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issue would not have happened 20 years ago because again these townhouses were only built in 2014

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so this is only an issue that could have been raised over these last few years

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carol did you have a question

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you've muted carol

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yeah i was trying to get pictures or rendering architectural rendering to see what the block

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looked like? Sure, I'm not sure if the lawyer answered, but is the dance studio only on the

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first floor of the building? Yes. Okay, and your client lives upstairs? No. So the upstairs is

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vacant? Correct. Is there upstairs or is a one-story building? If I could just have Miss

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Jeanette addressed that. Jeanette, can you unmute yourself? Hi, how are you? So the actual first

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floor is the dance studio and the downstairs right now is a basement. The street, Green Lane,

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is partly residential and partly commercial so there are there's a beer distributor up the street

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from us there's also a dentist and then the post office is directly catty corner to my property

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again I think the rest of the board Tom and Carol have indicated photographs will be very helpful

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um i mean unless unless we have to continue we're not able to get any uh exhibits up correct

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well i i will i will continue to work on my end yeah but we only have a couple other cases so

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um no i know i'm just saying i i i've submitted everything it's not a question of i haven't

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submitted it i'm just having trouble sharing that excuse me chair this is sharon i did just

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email you the exhibit packet to all the board members. That helps. Thank you, Sharon.

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What's the consensus of the board about voting this today or doing every hearing?

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I'm ready to vote. I'm ready to vote, Mr. Chairman. I'm ready to vote as well, Frank.

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Okay. All right. And one other question that may have been answered. I apologize if

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mr griffin your client is a tenant yes she does not live uh is the studio she's a tenant there

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or does she own the building she owns the building okay i thought i just wanted to double

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check on that okay all right if i if i may just just wrap up uh jeanette you've heard me uh testify

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as to the submissions, the background behind the business, uh, and the current state, have you?

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Yes. And do you adopt that testimony as if it was your own? What I

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And do you adopt that testimony as if it was your own, what I said?

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Yes.

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And what I said, was that true and correct?

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Yes, it is.

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Okay. Thank you.

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Mr. DeChico, you do have those exhibits for your review?

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We're going to look at them.

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Anyone else to testify in this case?

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i see no hands chair thank you planning commission thank you good morning chairman

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de chico ian hegarty for the philadelphia city planning commission that's h-e-g-a-r-t-y

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we're a firm to tell the truth the whole truth nothing but the truth

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yes sir i do i just wanted to say on behalf of the city planning commission thank you for

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serving the city of philadelphia on the zoning board it's been a pleasure to appear at these

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hearings pleasure has been mine thank you thank you very much members of the board uh the

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comprehensive plan recommends no change to the existing rsa3 single family zoning at this

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location i think it might be helpful for the board to understand that this structure has

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documented history of non-residential use it was built first as a house of worship

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and then was later used as a medical facility we appreciate the testimony from the neighbors but

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But we don't believe that the proposed legalized use rises to the level of endangering public health, safety or welfare.

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So the City Planning Commission would recommend that the board grant the variance.

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Even though we disagree from time to time, we do appreciate your hard work.

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Thank you.

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Thank you very much, sir.

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Okay.

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MI 2021-002631-536 Green Lane.

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My vote is no.

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Carol Tenere, my vote is no.

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Professor Plaza, no.

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James Snell, my vote is no.

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My vote is no.

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Okay, we're ready to go back to Ms. Visak, I believe, if she's ready.

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Chair, I did text the one photo that I have to the board members.

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from miss visac yes here i am okay um you sent the photo on hold on a minute

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you'll have to scroll back a bit but yes you sent it in a text message sharon yes

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yeah i have it okay uh miss visak are we looking the photo we're looking at uh with the wall looks

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like uh an eagles play yeah somebody created a play for the eagles hopefully it's successful

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is that your driveway yes okay so just explain briefly what it is you're asking the board to

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approve um three open air um parking spots i um submitted the plans as well i could um

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what's it called share share screen for them if you don't have a copy

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this is down close to uh mifflin moore street correct

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yes between mifflin and moore corner second and single

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all right um the board have any questions

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no no anyone else to testify in this case please raise your hand

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chair we have patrick fitz maurice please unmute yourself and please wait for the

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thank you patrick please spell your full name and i'll swear you in

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Patrick Fitzmaurice, P-A-T-R-I-C-K, F-I-T-Z-M-A-U-R-I-C-E.

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

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Yes.

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Thank you. Please proceed.

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Good morning, board. This is Pat Fitzmaurice. I'm the president of the Penn Sports Civic Association.

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I just wanted to call in this morning. We received an email that perhaps our letter wasn't received.

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So I just want to call in and make sure that the board knew that there was a community meeting held. To our knowledge, there was no opposition to this proposed use. In fact, there was a number of neighbors that showed up to support it. And in the RCO's opinion, we strongly support this requested relief.

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we believe that taking cars off the street would really help the community out. We have obviously

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like the rest of the city issues with parking and density and because the curb cut is not on

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the parking side of Segal Street there's no loss. So if a community member wants to use their parcel

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there's no loss um so if a community member wants to use their their parcel for parking

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um with no loss we're strongly in favor of it thank you thank you thank you anyone else to

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testify in this case please raise your hand i see no here thank you planning commission

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thank you chairman de chico ian hegarty for the philadelphia city planning commission if i could

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just ask a clarifying question is is this a legalization is this parking use in existence

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now um we're we're waiting for to to be zoned approved we got to say you're not using it for

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parking now is that correct not yet okay so it's a legalization okay but it's it's paid it's paved

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and there's a curb cut already yes okay all right comprehensive plan recommends no change in the

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residential single family zoning at this location city planning commission has no objection to the

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proposed use thank you mi 2021-002613 1828 south 2nd street my vote is yes carol tenere my vote

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is yes confessor plaza yes james snell yes thomas halliman yes thank you uh case number four on our

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The list.

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Hello?

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Frank, where are you?

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Brandon, have you been sworn in?

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I was, yeah.

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I don't know what happened to Frank.

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He seems like it might've been disconnected.

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If you don't mind, could you continue Madam Chair?

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Sure.

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So have you waived the reading of the refusal

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and stipulated to its accuracy?

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Yes, I do.

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You've done the whole thing, the exhibit packet. Yeah. So as I was alluding to earlier,

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I was really confused by that RCO letter. We had a very detailed and positive meeting where we

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actually came up with a proviso or two in exchange for support, then kind of the normal thing.

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I called Ms. Bennett after Sharon sent me the letter an hour ago. I think she confused us

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with another project. She said that our property had a female attorney who failed to show up for

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the RCO meeting. But to be clear, I handled this property. Rachel did not. So I don't think there

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would be any confusion with Rachel Pritzker. And I showed up at the meeting. We had a good meeting.

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So if it's acceptable to the board, Ms. Bennett sort of hung up on me, the RCO president, and said

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she was in another meeting, but that she would be willing to speak with me at noon. If you have a

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light enough caseload, I can come back this afternoon and see if I can sort of get her to

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recognize that she has mistaken me and my client for a different developer, which I am really sure

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is the case here. But if there's not time for that, I guess I'd have to ask for a continuance

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at whatever the board. Mr. Saverin, can I ask, could you present the rest of the case and then

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come back this afternoon just to put her position on the record? I can. And Sharon, the one thing

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i'll add is i'm not sure um she is going to be willing to provide anything but i'll keep my

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fingers crossed and work on it um i i think the architect is still on and we can quickly go

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through the plans if you'd like um sure would that be okay with you madam chair i know it's

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gets very confusing today he's sworn to tell the whole truth and nothing but the truth if he really

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believes there is confusion i i do madam vice chair on the can we take that as a word yes and

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i can confirm that um when i questioned whether um he had the rco letter earlier that both he and

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Ms. Pritzker said no, they tried repeatedly to get it, and they were anxious to get it because

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the RCO had been in support at the meeting. So this is consistent. I, too, was surprised when

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we received the letter and it was in opposition. So can we go with that and hear the case this

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morning and not have him come back this afternoon? Of course, your choice, yes.

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where is this chairman okay you can continue brandon okay thank you very much um so let me

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share my screen um and just give you a brief overview of the property so um this is an

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And just give you a brief overview of the property. So this is an RM1 zoned property. Here's the outside. My client bought it, I think, about recently, maybe about a year ago. It's been vacant. There's a vacant structure license you can see here that was put on the property in 2016.

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or

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16 so it's been um vacant and boarded up for some time and my client would like to develop it

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um and it's a deep property it's it's excuse me excuse me uh miss madam chair yes i'm going to

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recuse myself from this case um okay

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um i'm sorry this is the court reporter who was that that just said that i apologize

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That was Thomas Holloman. Thank you very much. And Brandon, is the property you're speaking

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about the blue drawer? That's right. I think, Ms. Tenere, the property might actually be served

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by both of those doors currently. And the architect can address whether or not that

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will be the case going forward. I don't believe so. Okay. So continue. Sure. So it's a fairly

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deep property. It's almost 60 feet deep, 18 feet wide. Square footage, therefore, of the lot is

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1,050 square feet. And that is actually the basis of the refusal. If I could just bring that up

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real quickly here. So we are applying to put an addition in the rear of the home and use the

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property for three dwelling units so we would need to have a lot area of 1080 square feet um

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rather than 1050 so we're 30 square feet short that's why we're here um sort of a you know very

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tight uh window we missed there to have this be by right and um as the architect will show uh we're

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going to put on sort of this modest rear addition we'd still be left with a 15 foot deep rear yard

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uh for you know recreational and storage purposes so large property um and if i'd ask if um is ken

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johnson um on the call that's the that's the architect and if not i can walk through the plans

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myself but there he is yes hey ken mr johnson can you put your name on the records by your last

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name and i'll swear you in yes my name is kenneth johnson j-o-h-n-s-o-n do you swear for him to tell

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the whole truth and nothing but the truth yes okay he's all yours brandon thank you madam vice chair

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um hey ken um thanks for hanging on this whole time despite the confusion there um so i have

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the zoning sheet up and the owner might be on too okay and i'll bring him on at the end thanks

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for letting me know. Just tell the board a little bit about the project. I have the zoning sheet up

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and I can go to the floor plans next if you'd like. Okay. If you look at the bottom of the sheet,

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we have the elevations and detail number six. Detail number six is the existing

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masonry facade. And our plan is to keep the existing masonry facade as is. We're going to

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cleaning up tuck point is required. The doors are both of those doors are the property are on that

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property. The main door where the stairs are at is how you get into the first unit and the smaller

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door on the side is the egress side alley and it goes straight to the back of the red lot of the

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of the yard and then you come across as you can see on the side you have the the main building

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where the walls the wall is on the side of the side alley that's it's a masonry wall and then

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you go in the back and then it sets back a little bit and we're going to cover the alley so that

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you can continue to go to the rear yard and as you get to the the rail elevation number eight

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you can see that um as i mentioned before in the front that that door goes all the way through

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the property to the rear yard and you just have the windows and a new facade in the back where we

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rebuilding because the rear portion of the building has collapsed and you go to the floor plans

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sure thanks ken gonna bring them up right nope there we go okay so let's get to the basement first

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Yes. So you have the basement and the basement is just utilities. We're not.

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Yes. So you have the basement and the basement is just utilities. We're not underpinning. We're not excavating anything in the basement. We're probably going to have an unfinished, well, we're going to probably finish the walls, but it's going to be the laundry and the utilities only for the basement.

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then you get to the first floor and when you come into the the door on your right

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uh there's the door the main the door to the main building and once you can come into the door

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you turn to your left that's the first unit there's a bedroom there's a kitchen there's a bath

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and then there's a side door to get through the uh the egress uh side door to get to the to the

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rear yard. And if you're on the first floor, that small door that's already there that you see on

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the elevation, it just goes straight through and it's covered for a portion. And that's the existing

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building. And then the addition goes back and it's still covered over the top, but then it's

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access to the rear yard. And then you go to the second floor, you come up the stairs and enter

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the second unit and the second unit has a bedroom in the in the back a bedroom in the front a

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bathroom laundry utilities a living area and kitchen and if you continue up to the third floor

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you hit the third unit and the third unit has a bedroom in the front uh bedroom uh in the located

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towards the back the kitchen area your laundry utilities a bathroom and living area and there's

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no roof deck and error and as you can see that dash line everything above that dash line is in

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addition to the existing structure thanks ken um board have any questions for ken um i do not

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is there anyone in the virtual audience with questions

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madam chair we have kayla franks jenkins okay

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kayla can you hear me yeah i don't i think i raised my hand at the long time one second

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oh are you do you want to speak about cross key street yeah i wanted the witness it wasn't so

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much a question about his plans. Okay. Can you put your name on the record? Spell your last name

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and I'll swear you in. Okay. It's F-R-A-N-K-S-J-E-N-K-I-N-S. Do you swear for him to tell

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the whole truth and nothing but the truth? Yes. Thank you. You may proceed. So I was at the RCO

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meeting. We did have positivity there. People that were in attendance from the community did agree

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that his rents were fair that we did like his layout the issue that was more or less um brought

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up after the meeting which he wasn't privy to because he was asked to leave so that we could

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come to a vote was that the problem is not the three it's the zoning for the three units i

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apologize i have braces on um that was more or less the issue we do welcome him developing

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in the two units that were already approved. It was the concern of three. I went out after the

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meeting and I spoke to people in the community that could not attend. And one person that lives

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closest to that, her main issue was about having more people impact that top of the block area

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because of the density. They have already had people have police called because it has gotten

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out of control with the attitudes so that was the only person that was like in fear of her safety

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um and that was what was had that was what was said at the meetings

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hey Kayla it's Brandon thank you so much I appreciate you coming out today and thank you

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for confirming that um I did attend the meeting I completely respect the right of of all the RCOs

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to have discussions in private without the developer present. And I have no problem with

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that. I think that I wish you guys would have gotten in touch with me. And I think that part

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of the problem here may have been that over time, Miss Bennett sort of forgot about this and

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confused us with some other project. And maybe that's why she never communicated to me. So

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um i i guess uh you know i i don't look the one thing i i'd want to uh sort of counter with there

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um with with all due respect to miss bennett and i am glad she's here um is i just want to show

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the board the block so it's it's an interesting block i mean

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the board, the block. So it's an interesting block. I mean, you do have, I think this is

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called Bentley Hall. This is a sort of like a senior citizen housing facility. But there are

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nonetheless a lot of vacant properties here. As you can see, there's sort of like five in a row

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from 1725 up to 33. Others further up the block on the other side of the street. Here's more. So

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a sizable percentage of the block is vacant. We have really a proposal here to take a building

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that is in need of some love and get it back into service. I'm a little honestly confused as to what

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to do. I don't want to put the board in a position of sort of taking a, you know, he said,

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she said, getting in the middle of an argument there. But this, I really, I mean, I don't have

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a meeting summary. I don't have confidence that the person who wrote the RCO letter is really

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aware of what who we are and what the project is so um brandon this is how i feel you're an attorney

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you took a note um you said you would tell the whole truth and nothing about the truth

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you're saying you did attend the meeting it was you and not a female correct so does the board

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have any questions can i speak sure so i understand what he's saying about i can't even control his

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screen. So if you look where it says 1727, that's not vacancy. That's actually what the church

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uses, New Salem Baptist Church. That's what they use when they congregate. That's the area that

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they use for parking. That's not vacancy. The only place that we have true vacancy currently

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is 1705 through 10. That's where Wharton Center used to be. That person that owns that is Joe

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he plans on using it and if he can scroll down a little bit to like the lower end of the block

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the opposite way i'm sorry towards montgomery sure okay keep going uh stop so 1765 is vacant

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uh 2222 this um a developer owns that the land bank owns the 1751 and 1759 another developer

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hit 1753 and then 1739 that's privately owned so it's only really and i'll take that back and then

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the other ones where it says 1750 through 1754 those are all developer owned and those are like

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the only true vacancies most of the people in that block are long-time homeowners we do have i want

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to say one house that is PHA owned and the other ones are either privately owned or they have

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renters in there currently and Bentley Hall has 150 people so the block is already heavily dense

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I can't speak for Ms. Priscilla Bennett I do think she's on this call so if she can it would be nice

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if she could raise her hand so she could speak to exactly what went on to earlier I wasn't privy to

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that conversation but i feel like it's um she's also on the phone and i can tell you for sure

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that darnell deans which is the vice president for the saving elizabeth's rco is also on this call

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okay um if you are can you raise your hand

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miss bennett she will have to mute herself and please wait for madam chair

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mr charity want to take this over no i missed the large portion of this i was having

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major computer problems i just got on as you can see so i won't be participating in the vote on

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this case okay all right thank you sorry about that that's okay

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yeah it's miss bennett and i just spoke on the phone so i would expect her to be available if

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She is there.

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She's been allowed to speak.

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She has to unmute herself.

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Hi, Ms. Bennett.

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Can you put your name on the record, spell your last name, and I'll swear you in?

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Today's a technology day.

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If she's on the phone, would you give her the unmute instructions?

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She's not on the phone.

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Oh, okay.

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Ms. Bennett, can you hear me?

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Is she still muted, Tanya?

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I can't see.

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Yeah, she's still muted.

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We do have Darnell Deans who had his hand up.

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Darnell, do you still wish to testify?

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If not, we have to move forward.

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no one's available to continue to testify madam chair you can proceed as you wish okay i'm just

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No one's available to continue to testify, Madam.

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going to go to planning commission planning commission

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thank you madam chair ian hegarty for the philadelphia city planning commission

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members of the board in 2014 the zoning map was amended in this area but this parcel was

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intentionally not changed it was left as rm1 just so the board understands the proposed

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variance is fairly minimal. There would only need 30 more square feet of ground area to get to that

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third unit being allowed by right. And we feel that the use doesn't conflict with the surrounding

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uses or the purpose and spirit of the zoning code. This is a de minimis variance in our opinion. The

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City Planning Commission recommends that the board grant the variance. Thank you. Is there anyone else?

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Oh, no, I already asked that question. Okay. Calendar number 2629, 1713 North Krosky Street. My vote is yes.

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Confessor Plaza, yes.

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James Snell, my vote is yes.

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Mr. Holloman has recused himself and there were technical problems for Mr. DiCicco, Chairman DiCicco.

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okay thank you very much madam vice chair sure

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i believe that was the last case your belief is correct

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okay uh any unfinished business on the 9 30 list

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no mr chair thank you again apologize uh i know sharon's having having difficulties also

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So, all right.

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See everyone back here at two o'clock.

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Thank you.

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And Jim, you may not be here, but you'll know if you're not here, I'm just putting it on the record that you may be catching up sometime after two.

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Yeah, definitely, Frank.

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I appreciate that.

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And I'll text you.

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I'll keep you in the loop.

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Okay.

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Okay.

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Thank you.

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Thanks.

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I appreciate it.

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We are live.

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Thank you. And Tanya and or is it Fatina still going to be the administrator?

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Yes, Chair. And we're ready to go.

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We're all ready. Oh, great. Thank you.

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Good afternoon, everyone. My name is Frank DiCicco.

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I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our vice chair, Ms. Carlton Airy.

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Present.

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Our board secretary, Confessor Plaza.

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Present. And our board member, Mr. Thomas Holloman.

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Present. Board Administrator, Ms. Fatina L., and our board attorney, Ms. Sharon Saleta, are also in attendance, as is our zoning board administrator, Ms. Tanya Sunkett.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded, and that by participating, you acknowledge your agreement to be recorded,

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and that the recording will be made available to the public

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by contacting Ms. Tanya Sunkett at tanya.sunkett at phila.gov.

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For anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat that.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Pardon me.

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Finally, to enter an appearance statement, call Google number 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat that.

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to enter an appearance statement call google number 267-270-5548 and leave your email address

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and the address of the property at issue i would also like to remind everyone please do not attempt

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to testify in the chat comments questions or issues of concern should be directed

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to Fatina L, our zoning board administrator.

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Having said that, we will go to the add-on for the two o'clock list, MI 2021-002084.

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MI 2021-002084, 1618 West Erie Avenue.

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Steve Bertil is the attorney of record.

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This is a resumption hearing.

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Originally heard on 922.

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Madam Vice Chair, you were not present at that hearing.

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We're returning for a feedback on RCO and Councilwoman Bass's position.

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applicant now agrees to reduce requests to three units chair this is sharon if we could promote

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not only steve bertill but um charles richardson i believe is is here okay thank you mr richardson

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well first let's swear mr bertill in

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good afternoon uh mr chair members of the board

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hello yes hi please spell your full name and i'll swear you in

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steve bertill b-e-r-t-i-l claire harrison

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you're breaking up you're breaking up a little bit claire harrison i lost you claire harrison

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harvey and bransburg 1835 market street suite 1400 philadelphia pa 19103 you swear affirm to

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tell the truth the whole truth nothing but the truth i do thank you hold off carol for a minute

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mr richardson please identify yourself and i'll square you in good afternoon mr chair charles

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richardson from the office of councilwoman cindy bass room 312 city hall to tell the truth the

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whole truth, nothing but the truth? I do. Okay, hang in here for a moment, Mr. Richardson.

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Mr. Bertil, I believe, I don't know, do we need to read? Sharon? No, we don't. We have been copied

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on email exchanges between Mr. Richardson, Charles Cairn of the RCO, and Mr. Bertil. I think

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Mr. Bertil can just describe the conditions that they have, the provisos they have agreed to.

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Thank you. Thank you, Mr. Pritzel.

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Sure, absolutely. Just a brief background. So the board has a recollection of what we're discussing here.

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The property is stated at 1618 was the Erie Avenue.

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The property is currently a five unit rooming house and has been such since the late 30s.

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The use was not abandoned. It was actually in use when the applicant acquired it this year.

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Originally, we were proposing to convert the property from a rooming house into a traditional five-unit apartment, residential building.

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At that time, after a submission, we met with the coordinating RCO, the near neighbors and affected RCOs, respectively.

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After meeting with all the respective stakeholders, we reduced our proposed density to four units to be in line with the comprehensive plan for the particular site and to address the issues of density.

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We came to the board on September 22nd, presented the proposed reduction to four units and the proposed support that we had from the near neighbors, the affected RCOs, and the opposition that we had from the coordinating RCO.

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And at that time, the board allowed us to go back and meet with the coordinating RCO, which is the 13th Democratic Ward RCO.

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The RCO chair is Charles Karn, as Ms. Saleta referenced, and present our reduced density of four units.

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We did that. At that time, the RCO, the coordinating RCO specifically, still was in opposition to the proposed density.

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with the provisals that we agreed to. And so we further reduced the proposed density from four

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units to three units. And that is what, and that's where we are today. In addition to the

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reduction, we discussed and proposed with the coordinating RCO, the provisals that were

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reference, which were, at the time, it was for four residential units, private hauling, and to

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secure trash within, I guess, a, not a container, but a contraption to hold the trash so it's not

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freely placed on the front yards. And so we would still maintain those provisos, but with the

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reduction of from four units to three units. I just wanted to highlight that with the reduction

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we're even further in line with the comprehensive plan and that we still have the support of the

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line with the comprehensive plan. And then we still have the support of the effective RCOs

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effective

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and the immediate neighbors on the block. Chair, this is Sharon. I suggested that the

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two trash related provisos be read as commercial trash pickup, trash to be stored in enclosure

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out of public view. And that's fine with us at the board. That sort of characterization is to

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the board's like uh preference thank you mr bertel mr richardson yes sir the councilwoman is uh in

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support of the uh reduced amount of units uh from four to three and with the proviso with regard to

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the trash uh collection and and containment uh so she will be supporting the variance

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Thank you. Thank you both. Sharon, do we need to get the planning commission in?

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No, we already had the planning commission actually testified at the first hearing

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and gave a recommendation as long as it was fewer, four units or fewer.

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Okay. Double. Thank you. All right. Any questions from the board?

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No, Mr. Jones. Is anyone else out there to testify in this case?

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was limited to this okay just to this all right thank you again all right mi 2021-002-084

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1618 west erie avenue my vote is yes with the following provisos maximum number of units to be

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three commercial trash pickup and trash to be stored in in an enclosure out of public view

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we need to confessor and time on this one confessor plaza yes with proviso

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thomas holliman yes with proviso thank you we'll now chair just as a reminder we were

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we got a last minute request to call number 11 first if you can do that thank you yeah we have

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a request as sharon said to uh accommodate one of the attorneys we're going to go to case

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number 11 on our list mi 2021-003 384 620 diamond street sean ward is the attorney of record

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letter of non-opposition from uh the association uh puerto ricos and marquet

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i'm sure i chopped that up

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APM APM that's right APM that was perfect Mr. Chairman good afternoon Mr. Chairman and members

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of the board Sean Ward coming to you live from Key West Florida I'm just going to say you look

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like you're on an island somewhere good for you you know you know I'm on vacation and uh you know

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Due to administrative snafus and delays with the applications in this matter, I promised my client I wouldn't postpone the hearing, you know, given the undue delays.

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So we got the technology figured out down here finally.

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So I'm good to go.

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All right.

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I know you're going to go to that.

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What's that famous bar there?

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What was the guy's name?

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He used to go.

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I can't think of the name of the bar

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There's a couple of them

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Oh, I know that

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You've got the

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You've got the green parrot

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Not related to my green parrot

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But yeah, we have that

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Alright, do you swear for him to tell the truth

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The whole truth, nothing but the truth

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I most certainly don't

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Mr. Mary has a few questions for you

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Hi, do you agree to waive the reading

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Of the refusal and stipulate to its accuracy

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Yes, I do

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have you emailed the exhibit packet with proof of ownership proof of tax compliance a copy of the

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refusal referral photos and or plans of the property five days in advance of this hearing

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and have you met with the rco and do you have a letter yes i have you may proceed thank you very

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much tanya the administrator i'm sorry um if i could um chair um just make a request that the

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board member who recently arrived, make himself known.

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Mr. Snell, Mr.

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Snell is present and snow was present. Thank you. Thank you very

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kindly. Thank you.

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Welcome aboard James.

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Okay. I'm going to share my screen. If somebody can confirm that they can view it.

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Okay, I'm going to share my screen. If somebody can confirm

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that they can view it.

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We can see it.

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Excellent. I represent Gary Cooney. Unfortunately, Mr. Cooney is not technologically savvy as we are. And so he is unavailable. However, I did review this packet with him. And after we go through it, I used to stipulate that he would verify and adopt.

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But in any event, he does business as Sovereign, S-O-V-E-R-E-I-G-N, Developers LP, and he owns the property at 620 Diamond Street, which is the subject of this hearing.

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It's an application for a permit for the erection of an attached structure for use as a three-family dwelling with an accessory roof deck, not decks.

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The refusal, commercial first floor use is required, none is proposed.

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We need a lot area. There's two lot area refusals. They tend to be intertwined with one and the other, as well as the occupied area.

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So we need dimensional and use variances today.

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A2 is the application of appeal. A3, project information form. A4, proof of ownership. A5, tax clearance. A6 is the site plan. A7 are floor plans. A8 are photographs. A9 is my RCO meeting notice.

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A10 is in fact the RCO letter which has been received at the time I prepared the packet

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and submitted it. I had not received it yet, but I do have a copy today to share

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and the board should have it in their electronic file. If a letter of support was submitted by the

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council president, I would ask that that be marked A11. I don't know if Mary Jones is on the

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Zoom to chime in on this. However, I would defer to her. A-12, a relevant zoning history of this

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property in 1966, and well thereafter, was used as a doctor's office and one dwelling. A-13 is

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the zoning map. A-14 is the aerial photograph. With regard to the RCO meeting,

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uh nobody showed up as you can see uh in the you know the support letter or the the rco letter uh

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nobody attended it was basically me the applicant and uh the representative from apm rco and they

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have taken a position um despite the fact that there was no attendees that they would have a

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No opinion, non opposition for the plans. They asked for one change to the site plan following that meeting. All right, but I'm sorry, very quickly. Let me go back to my, my comments. Okay.

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Okay. You know, multifamily is permitted in the CMX2, RM1, and the 5th District overlay district.

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We propose no first floor commercial because there is a ton of vacant commercial space in the area.

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And quite frankly, APM recognizes that 6th Street and Germantown Avenue are the preferred commercial corridors, not Diamond Street where this property is located.

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And again, there's currently multiple vacant properties, commercial spaces in the area.

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I did a survey of what's on the 600 block of Diamond Street.

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600-04 is, in fact, the APM RCO offices.

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606 vacant, 08 vacant, 10 vacant, 612 vacant commercial on the first floor with two apartments above.

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616 vacant lot, 618 single-family dwelling.

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historically it's been used as a four-family, 22 no history found, 24 single-family dwelling,

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historically it was a three-family, and the list goes on. There's either nothing found,

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multi-family, or vacant lots. So we also have a copy of the notice of refusal,

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my transmittal letter to the board administrator, my application of appeal,

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project information form. A copy of Sovereign's Deed. Bought it in November of 2020.

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Proof of tax clearance, as you can see. For 2021, there's a balance due of $92.39.

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That has probably since been paid because I pulled this off of the Revenue Department site

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quite some time ago. Again, it's your typical new construction in the area.

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It's a corner lot. APM had asked us to provide a area for trash and recycling,

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so we were able to fit two cans each for each unit. One would be for trash, one would be

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two cans each for each unit. One would be for trash, one would be for recycling. It's stored

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in the rear yard, which would be fenced in. And they all obviously, since it's a corner lot,

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they all have access to the rear yard. You know, we provided them with a copy of the floor plans.

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The first floor is two bedrooms and the living kitchen area with a finished basement for storage.

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The second floor, again, it's a two-bedroom unit.

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Third floor, again, identical to the second floor, a two-bedroom unit with a living kitchen area.

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All have access to the roof deck.

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Just a couple photos.

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Again, it's a corner lot at Diamond and Master Street.

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Again, you'll see the views on looking down Diamond Street towards 6th.

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this is across master street we would be on the corner to the left this is the other half of 600

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block again this is 6th street or germantown avenue you can see the multiple vacant commercial

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spaces so to build a a new commercial space would detract from those and again we'd most likely sit

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vacant for some time and not the best and highest use of this property just a couple aerial

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photographs again where the corner lot APM office is here and APM owns and operates the residential

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complex on the block behind them again this was a copy of my meeting notice it had a copy of the

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refusal a copy of the zoning notice poster the addresses and then the zoning history that I

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cited before, along with a copy of the zoning map indicating it is zoned CMX2. As you can see,

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it's on adjacent blocks with predominantly RM1 or mixed commercial use. And then we have finally,

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as always, provide an aerial photo from Google Earth just to give you an idea of where the

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property is located. And then again, going back to the APM's letter,

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Again, they cite that nobody showed up for the meeting. It was held via Zoom. And we did take the time to modify the plans at their request to provide for off-street parking. It doesn't change the nature of the variances, so we don't need any revised plans stamped today.

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And Mr. Chairman, again, if the board stipulate that if Mr. Cooney was present today, I did speak to him earlier.

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He would verify my representations as true and correct today and adopt them as his own testimony.

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Officer, we will stipulate to that.

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Thank you.

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Any questions from the board?

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No, Mr. Chairman.

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Mr. Chairman.

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Anyone else would like to testify in this case?

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Please raise your hand.

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i see no hands chair thank you planning commission

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good afternoon mr chairman members of the board david vecto f-e-c-t-e-a-u with the city planning

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commission you swear or affirm to tell the truth the whole truth nothing but the truth

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yes sir i do thank you sir please proceed thank you mr chairman members of the board the

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comprehensive plan recommends this property for residential multifamily use under that designation

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three dwelling units would be allowed by right. The applicant has shown that commercial use is not

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viable in this location. We recommend that the board support the requested use variances. Thank

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you. MI 2021-003384-620 Diamond Street. My vote is yes. Carol Tineri. My vote is yes.

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professor plaza yes

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james snell yes thank you yes thank you when i go back to our regular list

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uh i do not have any requests as of yet for a continuance or withdrawal

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so i will now ask is are there any requests for continuances or withdrawals on the two o'clock list

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If so, please raise your hand. If you're requesting a continuance or withdrawal

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for the two o'clock list, please raise your hand.

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I see no handshare. Two o'clock list, absolutely. Okay, thank you. Case number one on our list,

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MI 2021-003398, 1111 South 24th Street, Adam Laver.

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1111 South 24th Street, Adam Laver is the Attorney of Record, Point Breeze Community Development Corporation, sent a letter of support from their neighbors.

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Mr. Laver.

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Hi, please identify yourself, spell your name, and I'll square you in.

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Good afternoon, Chairman DiCicco and members of the board.

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Adam Lever of Blank Rome, 1 Logan Square.

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You swear or firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do, Mr. Chairman.

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Thank you.

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Ms. Tenere has a few questions for you.

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Hi, good afternoon.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Good afternoon, Mrs. Tenere.

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal,

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or referral, photos and or plans of the property, five days in advance of this hearing, and have

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you met with the RCO, and do you have a letter? Yes and yes. Okay, you may proceed. Thank you very

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much. Good afternoon, Adam Laver of Blank Rome, on behalf of Polner, P-O-L-N-E-R, Polner Group,

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LLC, and its principals, Vitaly Polyachenko, V-I-T-A-L-I-Y, Polyachenko, P-O-L-Y-A-C-H-E-N-K-O,

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and Eugene Nearest, N-E-R-U-S. Vitaly and Gene have previously appeared before the board.

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We have worked closely in this matter with Point Breeze Community Development Corporation,

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the Coordinating RCO, which has submitted a letter of support.

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We've also worked with Councilman Johnson's office on the fine-tuned proposal before the board,

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which incorporates valuable feedback from the community on the site, which I'll address in turn.

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As I mentioned, the Coordinating RCO and the District Council members support this project,

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along with petitions of support from the most closely impacted near neighbors,

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which I'll bring up on the screen also in due course. The project has been designed by Harman

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Deutsch-Oller Architecture. Rustin Oller of Harman Deutsch-Oller Architecture is with us

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if needed. On the screen before you, you'll see photographs, aerials, and a zoning map.

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I'd like to direct your attention, if I may, to the lower left-hand corner.

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The subject property in orange is an RM1 residential multifamily.

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The site itself is approximately 4,800 square feet in size.

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It's depicted by Harmon-Doy-Toller with the blue dotted lines.

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It's a vacant parcel, but you can see where the site sits in the middle of the block of 24th Street.

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It's between Ellsworth and Alter Streets.

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The site itself is unimproved vacant land, as shown on the screen.

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To help put the property in context a little bit, we're looking here along 24th Street.

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The property is to the left that you saw in the previous photographs.

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Located across 24th Street from the site is this industrial property on the right.

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Just again, contextually, that property ranges in height from approximately 70 feet to 92 feet at the high point.

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And here you see another view the other way along 24th Street.

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The subject property is where the hand icon is on the right.

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And I'll move along.

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Here are just a couple site photographs of the unimproved property.

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another one, and I'll take you now to the notice of refusal, if I may.

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There are three refusals. The first refusal concerns minimum open area. 16.7%

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is proposed, whereas the code requires 25%. And the two additional refusals concern height.

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45 feet is proposed. 38 feet is the base permitted allowance. And the final of the three refusals

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concerns density. 11 units are permitted. 16 are proposed. I'd like to pause at this time because

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there's a legal nuance that directly impacts what's before the zoning board and what's on the

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refusal. The zoning application in the matter was submitted on April 22nd of this year,

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including a request at that time to make a payment in lieu under the city's affordable

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affordable housing bonus program. That would have permitted the density and the height that we are

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housing bonus program. That would have permitted

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proposing. However, and this is the nuance, just prior to the submission date, bill number 210075

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removed RM1 lots in this zip code from partaking of the payment in lieu option under the pending

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ordinance doctrine. The applicant then was instructed to resubmit as a regular application,

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which it did, and that is what's before you. As a matter of law, we have to look at that moment

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in time as to what was permitted, but it's worth noting that the legislation has since been

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amended, but we're bound by the law in effect at the time of the application.

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In the spirit, however, and behind the intent of the affordable housing bonus, and as addressed in a detailed community benefits agreement, Vitaly and Jean have worked to provide affordable housing options in the local community through a PBCDC-administered program, which has been recognized by the community and by the district councilmen who had proposed that initial legislation, which was the nuanced issue at the time.

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So with this in mind, we're left with the one refusal concerning minimum open area as the remaining expected, if you will, with refusal.

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This refusal itself is de minimis and in line with surrounding properties based on the tightness of the neighborhood.

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Here I'm moving to a letter from Point Breeze Community Development Corporation, which, as you can see, supports the project,

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specifically mentioning nearby neighbor support within a two-block radius.

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The district council member's office has also joined the community and the RCO in support of the project as shown on the screen.

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And in addition to that, we have near neighbor support of 20-plus neighbors.

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As developers who have a presence in Point Freeze, Vitaly and Jean personally discuss this project with community members, going door to door, speaking with neighbors, people that they know, people that they don't know, explaining the proposed changes within their neighborhood.

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And I'm just going through this quickly on the screen.

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I'd like to turn now to the development proposal itself.

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The zoning site plan shows a proposal for a four-story structure with roof deck.

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Per the input of the community, the height has been slightly adjusted downward with a reduced

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parapet. Additionally, the proposed rooftop deck will be limited to upper unit tenants,

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not to the whole building, to lessen the impact of that. At ground level, coming in off of 24th

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Street from across from that industrial building on 24th Street, this proposal will really

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be placemaking in bringing together, pulling together this block with the lobby off of 24th

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Street, internal trash storage with commercial trash pickup, bicycle room, etc. And here you see

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four ground-level, bi-level units, each three-bedroom, three-bath that are proposed,

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and typical units at levels two through four with 12 two-bedroom, two-bath units.

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This is just very quickly showing you the limited roof deck with full setback five feet going all

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the way around the property. On the screen before you is a conceptual rendering of 24th Street,

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the front, showing front and lighting, up lighting and down lighting, prominent and noticeable,

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as well as camera and security monitoring system, as this is a transition, if you will,

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between industrial and residential, that's emblematic of the neighborhood.

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This last elevation shows the rear of the property.

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Again, the property only prints on 24th Street, but we wanted to give you a sense of the treatment of the rear.

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Given the context of adjacent properties existing and approved for development, we would submit that the proposal before the board is reasonable.

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The development itself will revitalize an unimproved property with active development as appropriate for the district.

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balancing the city plan of record as depicted in the zoning map with community priorities

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and the input in the dialogue that we engaged in as partners with the community.

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The authorization of variance relief would not negatively alter the character of the neighborhood.

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The authorization of variance relief would not negatively alter the character of the neighborhood

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or district or be detrimental to the public welfare. And indeed, the proposal fits into

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the surrounding neighborhood as evidenced by the exhibits of record and particularly those

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who are closest to the property. The variance would represent the minimum variance that would

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afford relief. This parcel is in the shadow of the industrial property across 24th Street.

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It does require some relief to allow a reasonable use that fits within this neighborhood,

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encompassing the mixture of important industrial and equally important residential. The grant of

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variance relief will not substantially increase congestion in the public streets, danger of fire,

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et cetera, will not adversely affect transportation or unduly burdened water,

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sewer, school, park, or other public facilities. As I mentioned, Mr. Chairman and members of the

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board, there is a fully executed community benefits agreement, which is a private agreement

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that I have available if the board has any questions, but I did not want to take up the

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board's time with those specifics. And Vitaly and Jean are present and available as is Ruston

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for further questions by the board thank you Mr. Laver do you what would you want to get one of

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your clients on to adopt your testimony yes please Mr. Poliachenko Vitaly Poliachenko would

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you please raise your virtual hand so that you may be sworn in

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the tento when you get on please spell your full name and I'll swear you in

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please unmute yourself I see that you're up on the screen

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you're still on mute fatale

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mr labor might be he may be having technical difficulties uh we'll stipulate you being an

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officer of court your client would have adopted your testimony yeah any questions from the board

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no mr chairman anyone else would like to testify in this case please raise your hand

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Chair, we have Eugene Nervous. Please unmute yourself and wait for the chair.

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Eugene is my client. Eugene, Vitaly wasn't able to identify himself. Please identify yourself so you may adopt and affirm my testimony.

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Sure. Eugene Nervous. Do you need my address as well?

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Spell your last name.

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N-E-R-U-S.

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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, I do.

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Thank you.

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Mr. Nearest, have you heard the full virtual testimony that I've offered this afternoon on your behalf?

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Yes, I have.

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And would you adopt an affirmative as your own?

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Yes, I would.

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Thank you.

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Thank you.

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Anyone else to testify in this case?

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I see no handshare.

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Thank you.

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Planning Commission?

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Good afternoon.

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David Fecto, City Planning Commission.

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Mr. Chairman, members of the board, the comprehensive plan recommends this lot for

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single-family residential use. However, since it is currently zoned multifamily, we support

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multiple units. However, there is nothing unique about these combined lots that would prevent them

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from being used in conformance with the zoning code. We understand that the applicant was caught

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in a code change preventing them from using the mixed income housing bonus, but the claimed

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affordable units cannot be enforced by the city. We recommend that the board deny the requested

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use variants.

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I-2021-003398, 1111 South 24th Street, my vote is yes.

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Carol Tenere, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Thank you, Mr. Chair.

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Professor Plaza, my vote is yes.

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Thank you. Case number two, MI 2021, that's 003485. 1119 East Passionk Avenue. I believe Mr. Manione is the attorney of record. Councilman Squilla, Mark Squilla sent a letter of non-opposition, as did the Passionk Square Civic Association. If this is approved, there's one page of revised plans.

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Mr. Mattione, please identify yourself, spell your name, and I'll swear you in.

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Good afternoon, Mr. Chairman.

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Michael Mattione, M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia, 19106.

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Please, we are affirming to tell the truth, the whole truth, nothing but the truth?

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

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I do.

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I do.

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Thank you.

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Thank you.

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Ms. Tenere has a few questions for you.

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Mr. Monioni, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Good afternoon, and yes, Ms. Tenere.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral,

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photos under plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes.

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everything okay great you may proceed thank you you're welcome

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again uh i represent thomas and david tran and they are representatives of the owners of the

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property you know the actual owners are their parents you know thomas is available to testify

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as is rostin oler our architect and this is a uh we have provided the tax clearance certificate

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The authorization letter from the owners to have their children appear, the refusal, the non-opposition letter from Passion Square Civic Association, the coordinating RCO, which urges that the variances be granted, revised plans form, one-page, revised site plan, floor plans, elevations, and site photos, among other things.

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I just want to get into the refusal briefly.

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This is a split-zone property.

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It's CMX 2.5 for the first 65 feet, and for the last 35 feet, it is RSA 5.

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However, under Section 14107 of the zoning code, RSA 5 governs the property.

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So the only use that's permitted here is a single-family residential use,

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despite the property being on a commercial part of Fatchelon Cabinet.

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And here is the letter from the RCO, and I just point out in the middle.

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In bold, we urge the ZBA to approve this variance.

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I want to just show what we're proposing.

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We're proposing a ground floor commercial use.

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Ground floor commercial use up here.

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This is on Patchen County Avenue.

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So it runs through to Franklin Street, the little street in the back.

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Ground floor commercial, basement level commercial.

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We made some changes from the original floor plans that were submitted to the RCO.

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We have the trash stored inside for both the commercial and the residential units proposed above.

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We previously had a condenser, air conditioner condenser out back.

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We removed that.

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And this is the main entrance for the residential units from the back.

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You have a front entrance for the commercial and a rear entrance for the commercial and the residential to get to the trash room.

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On the second floor, we propose two basically studio apartments, one in the front, one in the back.

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And on the third floor, a larger unit, two bedrooms, one bedroom in the front, one bedroom in the back.

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It would have skylights, skylights, as you can see, as well.

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When you look at this, on the east side of Passchonk Avenue, where we're located, 15 of the 18 properties have ground floor commercial uses.

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Let me just show you the site. There's our site, and you see the front of the property, the front of the property, and the front of the property.

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now here's the rear of the property we already have an existing uh parking

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area in the back

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and then this is the rest of franklin street

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and show on passion cabinet what the uh

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surrounding properties are as you can see it is all commercial uses

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on the corner you have an auto repair facility and then this is going uh basically south

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and you have all almost all commercial uses again 15 of the 18 properties there are

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commercial uses on the west side of passion avenue permits were issued to 1100 to 18 east

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passion avenue the ground floor commercial spaces and 39 blown units above

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Again, our proposed use is for ground floor commercial with three residential units above.

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If you look at the property, it has split zoning.

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This is Paschonk Avenue and Franklin Street.

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65 feet of lot depth is CMX 2.5 and 35 feet or 35 percent is RSA 5.

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So if you were to subdivide this lot along that line,

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If you were to subdivide this lot along that line, you would be permitted commercial, you'd be required to have ground floor commercial, and you would be permitted two residential units above, and you would be permitted one additional residential unit on the back, which is exactly what we're asking for, ground floor commercial and three residential units.

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It just so happens that because there is RSA 5 and it's a consolidated lot, the RSA 5 governs and requires us to have a single-family house fronting on Passchonk Avenue where it would be a completely inappropriate use.

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In fact, if you were to subdivide back at 72 feet, you would be permitted three residential units and one commercial and an additional residential unit on the back.

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We're not seeking that. We're only seeking ground floor commercial, basement commercial, and two units above, which really matches the zoning.

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And when you look at the other properties surrounding it, you can see that they're all commercial uses.

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I mean, this is what's here at CMX 2.5. You have a few houses on Franklin Street.

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It just happens that we have a lot that runs the full width, and we get stuck with RSA 5 zoning controlling when it really probably shouldn't.

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so that's what we're looking at and we're looking at doing basically what's what's already here we

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made a couple changes we had a light well that we removed and that's why we have our revised site

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plan in addition we did make a couple other changes that are non-substantive but help the

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appearance of the property on passion gavenue we originally just had windows here we now added

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juliet balconies with uh um you know full no full height windows as well so that gives a little more

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light and air to the uh front of the residential units and there is a rear deck on the back

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on the second floor unit so that's what we're looking at doing uh we believe that this you know

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fully meets the requirements to get a variance i mean you've got this odd lot that's you know 65

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percent cmx 2.5 but cmx 2.5 just due to the quirk of the zoning code um you know it doesn't govern

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it's governed by the rsa5 and the denial of the variance would probably harm the surrounding

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properties the commercial properties that are next to us on either side and up and down the street

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and we'll be built across the street at some point in time as well we're not going to adversely

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impact uh the plan here i mean it's cmx 2.5 and passion cabinets we want to build um the variance

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won't cause any harm an environmental harm we're going to properly utilize the property

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what i'd like to do mr chairman is call on thomas tran my client

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when you get on please identify yourself spell your full name and i'll swear you in

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hi can you guys hear me yes please spell your name and i'll swear you in here my name is thomas

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trend the spell of t-h-o-m-a-s uh his name is spelled t-r-i-n-h we're firm to tell the truth

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the whole truth nothing but the truth yes thank you mr mariano thank you mr chairman thomas did

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you hear my statements and presentation to the board i did and are my statements true and correct

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yes and do you adopt them as your testimony i yes i have nothing further from mr tran thank you

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thank you any questions from the board no mr chairman chairman no would anyone else

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like to testify in this case if so please raise your hand i see no handshare thank you planning

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Commission. Good afternoon, David Vecto, City Planning Commission, Mr. Chairman, members of

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the board. The comprehensive plan recommends no change in the commercial mixed use on the front

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of the block and the residential single-family zoning on the back of the block. The proposal for

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three units with ground floor commercial space is consistent with similar buildings on Paschal

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Avenue. We recommend that the board grant the requested variances. Thank you very much. MI 2021-003

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485. 1119 East Passyunk Avenue. Michael, is there one page? One page? One page, yes.

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My vote is yes with proviso. Revised plan, one page approved today.

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Carol Tenere, my vote is yes with proviso. Professor Plaza, yes with proviso.

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James Snow, yes with proviso. Thomas Holloman, yes with proviso.

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Michael, are you not presenting the next case?

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No, Joe Strampella is doing that.

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I have a case later on today as well.

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Okay.

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All right.

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Excuse me, Chair. This is Sharon. I just sent a text message. Rachel Pritzker, number nine. It's a hearing on reconsideration. She has a witness who has to leave at 315. She's asking if she can be heard next.

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Excuse me, Chair.

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This is Sharon.

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I just sent a text message.

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Okay, we'll hold off on case number three, and we're going to case number nine, correct?

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Yes.

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okay uh mi 2021 dash zero zero four two seven zero three five two seven frankfurt avenue

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harrogate civic association sent a letter of opposition as did councilman mark squilla

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planning is also opposed this case i believe was already heard

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it was chair and i'm sorry yeah if this is a hearing on reconsideration it was heard you

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denied it um miss pritzker requested reconsideration this is the hearing on

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thank you and if we could begin by noting that all um all testimony and exhibits are incorporated

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it into the in the original hearing did i leave anything out no that's that's it thank you thank

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you miss pritzker yep please identify yourself and i'll swear you in thanks good afternoon

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rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 15 oh sorry 1521 locust street suite 605 philadelphia

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a PA 19102. For him to tell the truth, the whole truth, nothing but the truth? Yes.

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Do we need to ask the normal questions, Sharon? No, I don't believe you do. You could start by

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having Ms. Britzker state the reasons for the reconsideration. Okay, thank you. Sure. So,

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So as was already mentioned, this case was heard. It's a longstanding property on Frankfurt Avenue, 3527.

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The only refusal we have is to turn this RSA 5 large building into a duplex.

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A lot of the adjacent properties are duplexes as well.

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There's commercial mixed use on the corners and directly across, as you can see on my screen, is all RM1.

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so the reason for reconsideration is that we had had many people that were directly affected near

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neighbors speak wanting to speak in support of the project and they weren't able to at the last

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hearing so that's why the board granted the motion for reconsideration to allow those individuals

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to speak if you look at the packet that was sent in we did meet with Harrogate but

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I specifically asked of the 13 people in opposition, were any near neighbors? And they said that only three were, although we submitted letters over 10 directly affected near neighbors, specifically right next door on each side of the property behind the property.

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and all of those individuals were in support of the project so we had wanted to have an

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opportunity for them to voice their support given most of the people who actually showed

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up to the community meeting were not directly affected near neighbors and we have a lot

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of support from those who actually live on the block.

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I believe that my client Carmen is here and I believe there's a number of individuals

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who wanted to speak in support of this project.

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So if they could raise their hand, that would be great.

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Carmen, she has her hand raised.

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We'll give her a chance to speak.

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Carmen, you can unmute yourself.

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

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My name is Carmen Bengochea, C-A-R-M-E-N, last name B-E-N-G-O-C-H-E-A.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Yep.

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Carmen, have you heard my statements today in front of the board?

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I have.

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Do you believe them to be true and accurate and do you adopt them as your own?

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I do. I wanted to see if you could bring up the individuals who actually live on the block

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to voice their sentiments about the project. Okay, I have Angel Robles next to me. Okay. He's on the

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same Zoom call. Okay, if she could state her full name, spell her last name and her address for the

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Okay, if she could state her full name, spell her last name, and her address for the record.

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record.

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Does he need to raise his hand?

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Yes.

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Carmen, is he in your presence at your home?

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That's correct. Yes, he is.

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Okay, so no, he doesn't have to raise his hand.

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He can move forward to the mic and actually put his name on record, spelling his full name.

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Okay, let me know when.

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go ahead you can start yeah my name is angel roblez and i live at 3522 frankfurt avenue

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if we get a spelling of his name please for the record

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robles r-o-b-l-e-s

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we're going to tell the truth the whole truth nothing but the truth yes i do thank you

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Yep. Mr. Robles, if you would like to state your address for the record and share your sentiments for the project, given you are directly affected in your neighbor.

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Yes, I'm on 3522 Frankfurt, right across the street from her.

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And I bow for her, whatever she's willing to do, I'm with her.

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So you're in support of the project?

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Yeah.

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Thank you.

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You're welcome.

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Anyone else?

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Yes.

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We have a DG on our end.

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You can unmute yourself and wait to be sworn in.

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G whoever, whomever you are, please spell your full name. You have to unmute yourself first.

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No answer. Hello.

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yeah that's not her that's somebody else dj one more time

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rachel would you happen to know who dg dg is i don't uh carmen do you know who that individual

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is it seems they raised their hand but they have not unmuted themselves okay we can move forward

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um is there any other witnesses available carmen do you have any other witnesses

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available? Yes. Yes. Okay. Can you bring them on, please? Sure. My name is Harold Santana.

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Frankfurt Avenue 3532. Can you spell your last name for the record, please?

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he's not going to be able to testify correct he needs an interpreter

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she does need it yeah she does need an interpreter yes yeah well unfortunately we do not have an

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interpreter uh we had we known that we could have provided one anyone else yes i do yes

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yes

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tell us who it is next name we have to move on my name is guillermo padilla

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Yeah, P-A-D-I-L-L-A.

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I live at 3524 Frankfurt Avenue.

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

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Yes, I do.

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Before you begin, sir, could you spell your full name, please, slowly?

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G-U-I-L-L-E-R-M-O.

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Last name, Padilla.

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P-A-D-I-L-L-A.

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It's sworn in, so please proceed.

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Yeah, I'm in favor of these.

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it actually does better for the neighborhood instead of another empty space.

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Thank you. You're welcome. Carmen, do you have anyone else or is that all the witnesses?

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I actually had one Diane Brody and she should have been, she's not here with me. She was,

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she lives across the street, but I think she's having problems getting on.

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okay uh rachel could you just run that by me again why we

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Run that by me again, why the reconsideration was requested.

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we the reconsideration was requested what has changed

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What has changed?

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So the neighbors who actually live directly adjacent to the property are in support of the project and submitted letters of support.

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They were not able to speak at the last hearing, and most of the individuals at the community meeting were not directly affected neighbors.

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Only three out of the 13 people even lived anywhere near the project.

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So that's why we asked for reconsideration.

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we don't love harrogate uh as far as we as far as we know now they still are in opposition correct

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they've yeah they've not responded to any of my emails insofar as holding an additional meeting

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um we did provide the letters of support to the councilman's office um but they were not

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responsive the community group was not responsive regarding another meeting but they are aware of

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the motion for reconsideration as everything was sent to them okay uh personally i'm not that

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comfortable with voting on this it's just my personal feeling because i'd like to go back

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and review uh what the testimony however as you may or may not know today is my last day

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and i don't want to just leave this to someone else does the board have any suggestions

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harrogate is opposed to it mark squilla is opposed to it planning is opposed to it

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okay all right um we can vote on it okay just want to double check thank you

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all right mi 2021-0042703527 frankfort avenue my vote is still no

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i i'm not voting

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Professor, try that again.

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You broke up.

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Professor, you got an audio problem.

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You're breaking up.

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So let's go to Tom.

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Thomas Holloman, my vote is no.

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No.

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james snell my voters no confessor plaza my voters no chairman chairman if you'll indulge

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me for a minute this is my last hearing in front of you um i feel like i grew up in front of this

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board and i just want to sincerely thank you for your service to the city and the work that you've

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done on this board you've made philadelphia a better place so thank you very much and i'm

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you're making it so hard for me to leave well none of us want you to leave

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I thank you for that. Thank you for that. And you do good work as well. Thank you. I watched you grow. Thank you. Thank you very much. All right. Case number three, MI 2021-003484, 1221 North 42nd Street.

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uh mr monday and he's not the paternity of record i believe joseph

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attorney of record centennial parkside community development corporation send a letter of support

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he's coming in now as a panelist thank you

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lakisha i see your name pop you just spoke are you doing the administration work now or is it

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still fatina it's still fatina okay mr strompello please spell your name and i'll swear you in

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there you go good afternoon my name is joseph strompello s-t-r-a-m-p-e-l-l-o

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I'm from the Mattione Law Firm. We're located at 100 North Independence Mall, Suite 5A, Northwest, Philadelphia, PA.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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I'm sorry to interrupt you. Ms. Canary has some questions for you, and then you can proceed.

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Hi. Good afternoon. Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and compliance of the property five days in advance of this hearing, and have you met with the RSCO, and do you have a letter?

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Yes, we did meet, and we do have a letter of support.

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Okay, great. You may proceed.

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Yes. I am here on behalf of Lima Holdings LLC and its principal, Eugene Nidovich. We are here

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Eugene Nedovich. We are here in reference to the property 1221 North 42nd Street. The property is

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in reference to the property 1221.

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located at the intersection of North 42nd Street and North Style Street in the Parkside section of

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Philadelphia. I'd like to present to you some photographs of the site of the property in

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question, they are designated as Exhibit 7A. May we share the screen, please? Yes.

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okay as i indicated the property is a corner property uh located in the park side section

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of the city the lot is currently vacant occupying approximately 1360 square feet

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The property is currently zoned RSA 5. We are seeking a variance to construct on that lot a multifamily dwelling with six units.

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Now, we had originally applied for a variance for eight units, but having worked with the community organization over the past several months, we have reduced the number of units to six.

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we have also made certain considerations and concessions with regard to the community as to

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the look of the building. As you know, RSA 5 does not permit multifamily dwellings. In this

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particular case, that's one of the reasons why our application was refused. The other reason for the

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refusal is the proposed lot coverage. RSA 5 would require a coverage of the lot

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at 20 percent, and in this particular case, the proposed coverage or open space would only be

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13 percent. Now, prior to today's hearing, we have had several meetings with the RCO.

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The most recent on September 28th of 2021, the RCO in this particular case is the Centennial

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Parkside. I want to emphasize again that we have worked closely with them to gain their support

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and we have also worked closely with them to make various modifications to the exterior of

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the building together with the number of the buildings. The letter of support is shown as

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Exhibit 3, and we're going to pull that up for you, which have already been submitted as part

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of our record. And again, there was more than one meeting in this particular case.

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The next exhibit I'd like to pull off is Exhibit 7B.

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The area has a number of multifamily dwellings in it.

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And we are on 42nd Street is a corridor that separates RM1 from a number of RS5 zoning buildings.

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So, as you can see, this property is diagonally across the street from the subject property and has four electric meters out there to show that it was or currently is being used for more than one family unit.

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Can you go to the next one, please?

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This is a photograph of a building which is located less than one block away on Girard Avenue,

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and as you can see, there are, again, four electric meters on multiple buildings in the area.

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We took pictures of only one in this particular case, but it is certainly not unusual to have

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more than three or four residential family units in a particular building.

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I'd also like to point out to the board that there are a number of properties, and I'm going to read off some property addresses, which are of similar size and have at least three units in them.

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They are 1223 North 42nd Street, 1236, 1238, 1234, 1232, and 1230.

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All of these properties are between 1,300 and 1,800 square feet and have already been granted variances for three units.

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Three units. There is another interesting issue here that needs to be presented to the board. Within a two block radius of the subject property, there has there have been a number of RSA five zoned properties which have been granted variances for four.

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or I'm sorry, for six units. They are 12, I'm sorry, apologize for that, 1728

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and 1728 Memorial and 1728 Marlton Street. Also, 1213 North 42nd Street has been granted a variance,

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another RSA 5 property that has been granted a variance for, in this particular case,

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six units. I'm going to introduce Eugene Edovich in a second, but I wanted to point out to the

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board that the variances sought in this particular case do not overburden the public

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facilities. They will not result in any environmental issues when it will reduce the

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likelihood of illegal dumping and other, which often occurs on vacant lots. And the variance

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that we're seeking for this use of this property is consistent with the proper manner in which

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the surrounding areas have already been developed. The open-air variance is necessary in this

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particular case because the property has been designed in such a way that it has a front porch

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consistent, again, with the properties in the neighborhood. I'd like at this point in time to

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introduce Eugene Nevadovich, who will testify. Mr. Nevadovich, can you please enter the hearing?

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And Mr. Eugene, you can unmute yourself.

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hello hi please spell your full name sir

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eugene nadovich e-u-g-e-n-e last name n-a-y-d-o-v-i-c-h you swear if i'm to tell the

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truth the whole truth and nothing but the truth i do thank you mr strompello yes mr nadovich can

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you tell us a little bit about your proposed project and and we can pull up either exterior

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photographs of the proposed project and the plans the site plans can I do that with you what would

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you prefer first uh let's do the exterior exterior photographs so we work closely with the community

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to make the building match the surrounding buildings as much as possible given that it's

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a historic area um the only reason we're seeking additional lot coverage is only for the porch

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which technically counts as lot coverage.

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The building itself takes up only 80%,

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which is the buy-write amount.

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We're using the historic brick all throughout.

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We hire members of the community

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and we've been in this community for a while,

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which is why we have a lot of support.

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Our work speaks for itself

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and the neighbors know that we stand by our word

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as well as also providing,

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even though it's not deed restricted,

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we do provide affordable units.

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And we constantly get calls

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And all these factors, it's something that plays a huge role in the community supporting our projects.

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This is an example of it.

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So the two buildings on the left, the current buildings are there now.

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The one on the right is the structure that we're proposing.

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Would you like to add?

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Were you the developer on the two buildings to the left?

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No, those are old buildings.

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I believe they were built in the 1920s.

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Oh, okay.

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All right.

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because in this photo this shot little makes it look like they're similar to yours they look new

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yeah well it's very hard with the architect the um the designer as well as the community in order

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to make the building match the surrounding buildings as much as possible um you have

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anything else to add yes i'd like to bring up a number uh exhibit number five please which are

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the plans mr nadovich if you can go over those fours please

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Yes, even though we went down a number of units from eight to six, we did not decrease

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the size of the building or any of the units.

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So now we have a mix of larger two-bedroom, two-bath units and one-bedroom units.

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What we found, what some of the community wanted are units that are a little bit larger

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so that families will be able to live in them and not just necessarily single people.

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families will be able to live in them and not just necessarily single people.

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And what we found is

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And what we found is the larger the units, especially if they're in a very affordable price,

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the longer tenants stay and become part of the community themselves instead of just being transient if they're staying only for 12 months or so.

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Is there anything else you'd like to add, Mr. Natovich?

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No, I believe that's it. Unless anybody has any questions.

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okay thank you uh does the board have any questions no mr natovich have you listened

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have you listened to the testimony that i've offered to the board yes i have okay and do you

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agree that is true and correct yes i do okay and the exhibits that we've shown to the board do you

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believe that they are also true and correct i do and do you adopt the testimony that i have

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offer the board this afternoon with regard to your project for 1221 North 42nd Street?

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Yes, I do.

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Thank you.

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Okay.

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Anyone else would like to testify in this case?

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Please raise your hand.

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I see no hands, Chair.

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Thank you.

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Planning Commission?

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Good afternoon.

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David Fecto, City Planning Commission, Mr. Chairman, members of the board.

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The comprehensive plan recommends no change in the residential single-family zoning at this location.

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This is a 1,360-square-foot lot.

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There is no unique characteristic of the lot that would prevent it from being used in conformance with the zoning code.

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Whether eight or six units, this is still an overuse of this land and out of character with the block.

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We also note that the promised affordability cannot be enforced by the city.

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We recommend that the board deny the requested variances.

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but i saw a number of other multi-families on this block um in the presentation all right

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mi 2021-003484 1220 1221 north 42nd street my vote is yes carol tenere my vote is yes

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professor plaza yes james snell yes thomas halliman my vote is yes thank you case number

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four mi 2021-003 954 1736-64 masher street steve bertill is uh the attorney of record

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i'm not sure if we've received a letter my notes indicate south kensington community partners

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had not yet sent a letter of support mr brittell please identify yourself

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excuse me this is sharon we did receive the amended refusal so if you were to approve this

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it would be as per amended refusal dated today today all right thank you mr brittell please

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identify yourself with the record you're still on the roof from earlier

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chair hercules griegos has his hand up would you like for me to allow him to speak yes please

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mr griegos are you presenting this case he's coming back in as a panelist sir

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good afternoon members of the board apologies yes i'll be presenting this case

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thank you please spell your full name and i'll swear you in hercules grigos h-e-r-c-u-l-e-s

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g-r-i-g-o-s 1835 market street from the tell the truth the whole truth nothing but the truth

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i do thank you vice chair ms tenere has some questions for you good afternoon do you agree

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to waive the reading of the refusal and stipulate to its accuracy? I do and as Ms. Saleta

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mentioned there is an amended refusal that I believe was submitted to the board today. Okay

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have you emailed the exhibit packet with proof of ownership tax compliance refusal referral photos

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and or plans of the property five days in advance of this hearing and have you met with the RCO

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and do you have a letter we do uh we get yes to everything um i don't believe we received the

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letter but we do have an email indicating that the uh at the meeting the uh there was support

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seven nothing from the rco um we communicated with the rco last night and i don't know if they

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got their letter out or not so okay you may proceed great thanks so much uh this said

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Hercules Griegos representing the owner of 1734-64 Masher Street, which is 1736 North Masher LLC.

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I'm going to share my screen, if I may.

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I'm going to share my screen, if I may.

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If you can see that.

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So this is actually an interesting one.

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This project was approved in 2016 for 20 single-family homes by this board via Variance.

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The site was previously zoned, I believe, ICMX.

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I think it went through some different ownership.

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My client acquired the property at the end of 2019 thinking he had a shovel-ready project.

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Turns out the permit expired.

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We went to extend the permit.

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We had missed the date.

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um in looking at that we went back to the site and saw that it had been remapped to rm1

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which was exciting by right project will refile it turns out that when they did the remapping and

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you can see here there's an existing building on the site and you can see they remapped the

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building rm1 but not the entire lot so they actually i believe there was an error and this

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portion in the back remained RSA 5. So the 20-year townhome scheme that we had previously

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approved by this board was not permitted. At the same time, right around or right before we filed,

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the split zoning district was amended, and it created an issue where we were hopeful that it

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be by right but the way the language came out it was not so our only avenue was come to come back

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to the board to see that this project be uh approved um this is on master street in between

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montgomery and palmer in the city south kensington section it's an existing uh industrial warehouse

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that covers the site um you can see some photographs of the site here

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um there had been some talk before i think the it was previously approved as i2 this is the

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previous approval i'm sorry i said icmx was i2 previously 20 single family homes uh this is from

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2016 but essentially it was the same plan single family home rear loaded parking here's the previous

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zoning approval, previous refusal for multifamily, and then this was the notice of decision from

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2016. Fast forward, we basically have a similar application, almost identical. One of the

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requests from the community was to add additional glazing to the window openings to the ground

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floor we are doing that we've agreed to that um as you can see here and we're gonna add additional

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make these window openings even larger um and this is basically the single family homes consistent

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with the neighborhood i believe the rm1 calculation is for like 30 or 40 multi-family we're talking i

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think it's actually more than that um we're talking 20 single family homes with parking

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um this is the original refusal and then we amended the refusal to include the 41 foot height

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which was part of our original plan

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um we asked for a letter of support here's the email that we got where it was 7-0 in favor

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they asked for environmental reports which um i think we're working on the asbestos report which

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we will send once we are cleared for demo um uh they asked us to meet with the near neighbors prior

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demolition which we're going to do and they asked for increased transparency on the ground floor

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um to increase eyes on the street and 30 trans transparency uh uh snez litvonich the project

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architect is here and she can confirm that that is in the plans um but this is essentially a

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reapproval what was approved uh in 2016 and you can see sort of the character of the neighborhood

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is single-family homes, and this is a much less dense plan that would be permitted, even on the

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entire site that's RM1, less the strange split zoning that appears to be done in error.

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I believe I have with me Deep Gruul is the owner, as well as Snezla Tavonich, the project architect,

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and they're here to answer any questions. We believe, as was the case in 2016, this is the

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minimum relief necessary. It will not alter the essential character of the neighborhood. We believe

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it is more in line with the single-family nature of this neighborhood. It will not substantially

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more in line with the single family nature of this neighborhood will not substantially

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increase congestion.

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increase congestion as this is a much less dense project that will be allowed in rm by right

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and if deep is here he can adopt my testimony otherwise i will turn it over to the board for

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questions client's name again deep gruel g-r-e-w-l

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available

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there's no one listed

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and no one has their hand raised

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Mr. Grigos you being an officer

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of court will stipulate your client would have adopted

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your testimony

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any questions from the board

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no Mr. Chairman

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anyone else like to testify

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in this case if so please raise your hand

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Chair

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now the client

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has their hand raised and so do Sloan

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folks folks let's get mr folks on

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good afternoon uh chairman de chico and zba board good afternoon spell your name and i'll

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swear you in great uh sloan folks s-l-o-a-n-e f as in the fire o-l-k-s representing the office

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of council winria canione sanchez 7th district from 508 city hall you swear for him to tell

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truth the whole truth nothing but the truth i do sir thank you uh prior to official testimony on

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behalf of councilwoman sanchez in the 7th district uh she would like to um thank you for your service

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on the zba board this being your last day and to wish you well in all of your future endeavors sir

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thank you thank you i'll just speak to the councilwoman personally thank you

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uh officially uh regarding 1736-64 north master street although council member sanchez understands

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that this is a resubmission uh of a previously approved project in light of today's housing

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climate and her efforts to create affordable housing in the 7th district council member

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sanchez is disappointed in the developers inability to identify any affordability within

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this project having stated that and having the fact the community was pulled and supported the

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project seven in favor zero guests the councilwoman has no opposition to the project thank you thank

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you and thank you very much and uh mr grigos you've already uh we've adopted your your client's

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testimony so we don't need to hear from him anyone else to testify in this case

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i see no other hands chair you planning commission

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good afternoon david effecto city planning commission mr chairman members of the board

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comprehensive plan recommends this property for general industrial use however during our zoning

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map changes in 2016 we reached consensus that this property should become multi-family residential

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while we concur with the councilwoman's statement on affordability and we certainly support

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affordability we also join her in recommending that the board support the requested variances

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Thank you very much. MI 2021-003954, 1736-64 Masher Street. My vote is yes. And Sharon,

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do I need to make that amended refusal as a proviso? Yes, you do, Chair.

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With the proviso, amended refusal approved today, adopted today.

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Carol Tenere, yes, with proviso.

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Confessor Plaza, yes, with proviso.

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James Snell, yes, with proviso.

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Thomas Holloman, yes, with proviso.

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Thank you.

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Thank you so much.

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Thank you.

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Case number five, MI 2021-003520, 2000 Welsh Road.

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Dawn Tancredi is the attorney of record.

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There is a letter of support from the Greater Busselton Civic League.

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and unless there's a mistake there's a letter in opposition from Councilman Brian O'Neill

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and if it's a if the board were to approve it it is would be with revised plan two pages approved

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today. Ms. Tancredi please spell your full name and I'll swear you in. Good afternoon Dawn

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Tancredi, D-A-W-N. My last name is T-A-N-C-R-E-D-I. And Mr. Chair, did you say that there was support

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when I was logging on? There's a mistake. It says the greater buzz.

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When I was logging on, there's a mistake. It says the greater Busselton. Well, let me do this. Do you swear for him to tell the truth, the whole truth, nothing but the truth. Yes. Okay. My notes, and Sharon can correct me if I'm wrong. RCO sent a letter of support, the RCO being greater Busselton Civic League, but letter of opposition from Councilman O'Neill.

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i believe that is correct um we received both letters from

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ms utifich of councilman o'neill's office

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okay i did not see that letter of support okay i will email that to you right now ms tancredi

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thank you well ms tenere has a few questions for you and i'm sure we'll get to the bottom of this

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sometime at the end of your testimony okay hi john do you agree to waive the reading of the refusal

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and stipulate to its accuracy i agree to waive a reading of the refusal there have been changes

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to the plans so that the dimensional uh variance the refusal has been eliminated

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excuse me this is sharon i just received an email from miss udovich saying that i'm mistaken that

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it is not a letter in support I will double check that now have you emailed the exhibit packet with

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proof of ownership tax compliance a copy of the refusal or referral photos under plans of the

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property five days in advance of this hearing and you met with the RCO and do you have a letter

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yes thank you you may proceed thank you good afternoon my name is Dawn Tancredi I'm here on

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behalf of Hervis Elazaj and Nabila Brahmi, the owners of 2000 Welsh Road. With me here today

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is Hervis Elazaj and his wife, Nabila Brahmi. Also, Arian Peshkepia is available. He is the

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architect that prepared the plans. And Maria Zimmerman-Culp, the realtor who sold the property

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to my clients, is also available. I would ask that the submission materials we turned in be

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incorporated into the record. So we are here seeking approval for a family-run Albanian

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specialty store, along with the residential use at the property. May I share my screen?

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Yes, you may.

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Thank you.

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in the meantime this this is sharon again um i just checked the letter and it does say support

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so i will send it to everyone and maybe miss yudovich can explain the confusion

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thank you hi this is tanya i'm the zba administrator i have raised the letter up on my

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screen i have 18 opposed and three in support and this letter is dated um november the 7th

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from Greater Boston Civic League,

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if that's the one that you're referring to, Mr. Letter.

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It is not.

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The one that was attached to Ms. Udovich's email

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is dated October 18th, 2021.

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I suppose that means that the RCO changed its position.

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I will send you that letter.

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All right, well, why don't we do this?

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Let's go.

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Why do I keep losing everything here?

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Can anyone hear me?

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Yes.

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Yes.

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Okay.

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I think I understand what happened.

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Ms. Udovich sent me the councilman's letter and a letter was under the subject 2000 Busselton, but the letter from the RCO is actually, or rather, the letter is actually for 821 Welsh Road, not this proposal.

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So it is another property that the letter in support is for.

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So they are opposed to this.

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They are opposed. This was just mistakenly attached to the email.

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May I proceed?

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Yes, please.

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Okay. So what we have here is we have a property, 2000 Welsh Road. The property is a 20,000 square foot lot. It's located on a heavily trafficked two-way state road, Welsh Road. It's immediately adjacent to a cemetery and church on one side.

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Okay. So what we have here is we have a property 2000.

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it's immediately behind immediately behind the property is a school the neighborhood consists

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of single family homes on lots that average 2 000 square feet so my client's property is 10 times

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larger than the average surrounding property with a single family home many of the homes in the area

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are accessed from side streets or cul-de-sacs consisting of strictly single-family homes,

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which is different than Welsh Road. The property does sit down the road from a busy commercial

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corridor centered around the intersection of Welsh Road and Busselton Avenue. In the past,

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the property had been used as a single-family home with a stable for horses. The property

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sat vacant for two years. The prior owner was unable to rent it out. The prior owner was

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interested in building a church, however, never proceeded with that plan. The property was

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marketed for sale as a residential use for over four months before my client purchased it for

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about $55,000 below the asking price. His intention was to live in the property and to

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use it for business purposes since it was so large. And you'll hear his testimony today.

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The costs associated with maintaining a 20,000 square foot lot solely as a home is out of the

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ordinary for this neighborhood. Increased costs include cutting grass, landscaping, fence

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maintenance paying property taxes and insurance you'll see that my client does rent out the space

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at this time at a rent well below market rent because of the property's location further this

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property cannot be subdivided because it would not meet dimensional requirements the street frontage

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as shown on the plans is approximately 66 feet. The minimum street frontage requirement in this

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district for lots is 35 feet. So there's not enough street frontage to even divide the lot

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into two lots. We did include in our packet two pages of signatures showing support.

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so and us due to the uncharacteristically large size of the lot for this area increased expenses

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associated with that the location in particular next to a cemetery and school and near a busy

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commercial district the inability to be sold for solely residential use the collection of below

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market rent, there is a hardship to this property that supports the granting of the use variances.

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There is no adverse effect on the public health, safety, or general welfare,

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and the use variance does represent the minimum variance that will afford relief.

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With that, I would call my client as my first witness.

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on its name

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Ervis

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Elezaj

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Elezaj

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yes

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please spell your full name

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and I'll swear you in

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yeah my name is

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Ervis

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Elezaj

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E-R-V-I-S

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E-L-E-Z-A-J

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I fully swear

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you swear or affirm

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to tell the truth

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the whole truth

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nothing but the truth

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yes I do

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thank you

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Ms. Tancree

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good afternoon

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Ervis

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can you put your address

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on the record please yeah it's a 2000 welsh road philadelphia pa 19115 okay and are you the owner

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of this property yes i am and what is it that you want to do with the property

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so uh we have been in business for several years as a albanian product wholesaler and

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And since we had a lot of demands from the Albanian community to open an Albanian grocery

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store with Albanian products and traditional clothing and souvenirs, we decided to see

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if we can flip the first floor of our Welsh house into a small market place, a mini market

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that can sell our Albanian products.

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We plan to make an addition to the existing house so it can accommodate my family, and

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we plan to live in this property.

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Is the property, Ms. Tincredi, is the property we're looking at, the white, the stucco, whatever, is that the property in question?

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Is the property, Ms. Tincredi, is the property we're looking at the white?

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Yes, this is the property on the screen.

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You want to convert a portion of the first floor to commercial?

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Yes.

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you can explain yeah so the entire first floor we want to convert into a commercial and on the side

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of the other building we wanted to to put an addition so we can connect it with second and

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third floor in there and me and my family can live in there and i will show a copy of the plans

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before you here.

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And, Ervus, can you explain your business plan?

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What would your hours of operation be?

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Yeah, sure.

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The store will be open 9 to 6 all week.

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We plan to create nine parking spaces,

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but most likely either three or four cars at the time

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will be parked during the weekdays.

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Myself and my wife will run the business in the beginning.

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As the business grows, we plan to hire some employees down the road.

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Regarding the trash, we plan to hire Republic Service,

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that is a commercial company that picks up trash weekly.

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And that's about it.

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Okay. And did you purchase this property at asking price?

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No, I didn't.

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I spoke with the owners.

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um property was vacant for two years so they couldn't find no renters and they were not

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they were unable to use the property they wanted to build church for the brazilian community

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and uh apparent that they didn't proceed with it and they sold this property with the lost

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because they purchased for 235 and they sold it for 225 uh it was both from us under 55 so it was

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uh listed 279 and we purchased for 225 the idea that we had in there since they they plan to do

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a church we thought that we can build a warehouse in the back because it has a 20 000 square feet

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lot but uh you know after getting information and everything else we knew that we could bother

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the neighbors by doing that so we said might as well use it you know have a commercial use only

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for the first floor and the walk-in cooler that is in the back and do a parking space

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for nine cars in the area where it's empty right now in the lot.

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Okay, and Irvis, when you were looking to purchase this property, how did it compare

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to the price of other single-family homes in the area?

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so we tried to rent it in the beginning uh and even the purchase price was it because it was

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located it's located next to a cemetery is that correct yeah so because it was a similar house

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like that that the same zip code you know close to welch uh it could have been sold 350 easy

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because it has you know a good size lot it had two car garages in the back it has 2 000 square

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fit interior space where you can live so anywhere else in the time that i purchased if you could buy

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it the 19115 you couldn't find anything under 350 so because of the place where it is located

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near the the graves you know certain buyers they didn't approach at all so that's why we said maybe

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we can use it for our business and uh and and build something in the back so it's set vacant

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for three for six months and uh that's after just for clarification irvis after you purchased the

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property what happened to the property so i i fixed up some stuff so i could i could live in

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there i had several contractors coming in there and you know every time they were coming they were

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saying, man, this property is close to a grave. You really want to live in this thing?

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Hervis, Hervis, did you try to rent out the property?

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Yes, yes, I did try to rent out the property.

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And did you find a renter?

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No, I did not find a renter for six months.

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Okay, and did you talk to any potential renters?

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Yes, I did.

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And what did they say?

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so they were they liked the house because the condition of the house was good and we fixed it

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up but when they were seeing the cemetery that's where you know they were just uh skipped this to

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uh skipped this to to to live in the house that it was close to a cemetery did you finally find

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to to leave in the house that it was close to the cemetery

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a renter yes i did but it was you know way below what i was i was paying you know for my mortgage

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for my taxes and insurance but i had to rent it otherwise you know i would lose a lot of money i

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kept it empty for six months what would you say the average rent is in this neighborhood

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from your experience so yeah it's it's 1950 so the houses in there they vary between 1700 to 2200

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and what rent do you accept for this property so the first rent that i had it was a thousand

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dollars a month and then um it was 1250 the maximum but i had to include in there the electric

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and and also the water okay is this a picture of the cemetery adjacent to your property

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yes this tank ready with all the rules stipulate that this property is located adjacent to a

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cemetery uh you know it's a kind of situation when this gentleman purchased the property

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he knew it was next to a cemetery he should have done some due diligence ahead of time

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talk to a realtor uh i don't want to sound facetious but i'm born and raised across the

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street from a cemetery and they're some of my best neighbors i don't think that i do i live

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across well i live around the corner from it now 1100 block of federal born and raised there so

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uh with all due respect to your client he he can live there himself why doesn't he decide to live

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there and so. And that's his plan, Mr. Chair. And the point is that my client testified that

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the property sat vacant. He met with potential renters and they did not rent the place because

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of the location adjacent to the cemetery. And we'll move on. Thank you.

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I would call Maria Zimmerman Culp.

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Ms. Culp, please spell your full name when you get on, and I'll swear you in.

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Hi, Maria Zimmerman Culp, Maria, M-A-R-I-A, Zimmerman, Z-I-M-M-E-R-M-A-N-Dash, Culp, C like cat, U-L-P like ball, and I'm with REMAX Eastern.

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

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I do.

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Thank you, Ms. Tancredi.

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Good afternoon, Maria. And can you tell the board what your profession is?

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I am a realtor in the Northeast, born and raised, still living in the Northeast.

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Great. And are you familiar with 2000 Welsh Road?

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Yes, I am.

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How so?

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I sold that to Irvis. And at the time, it was already on the market for over 60 days.

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Originally, it was listed for $279,900 and reduced to $254,900, and we ended up getting it at $225,000.

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It seems like it's a hard property to sell due to its being on a busy street and the location to the cemetery.

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Okay. Have you sold or had clients that bought other properties near cemeteries? Do you have any experience with that?

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Yes. There are certain cultures that have a very real fear of being near the cemeteries and won't even look. I've had two listings in the 19116 neighboring area where buyers backed out and lost $10,000, $7,500 deposits when they realized the proximity to the cemeteries.

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okay and other than the cemetery can you describe the location of 2000 welsh road

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it's very busy there's commercial strips there's commercial uh properties scattered within and

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it's near a very busy intersection where there is more than one school located so it gets extra

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busy during uh you know arrival and dismissal what is that school um maternity bvm old busselton

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and Welsh. Okay. I know that school very well. It's actually the picture that's pulled up now.

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If you cut across that parking lot, the school is right there. Right. And that big tree is where

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Welsh is. 2000 Welsh. From your experience, do these factors about the commercial corridor and

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the congestion that you've described, does that impact the ability to sell a property like 2000

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Welsh Road as a single family home? Absolutely. People with small children or with pets do not

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Absolutely. People with small children or with pets do not like to be near the main roads because of, God forbid, you know, leaving the yard or something like that. It's just very undesirable.

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Are you familiar with the average rents in this area for a three-bedroom, two-bath house similar to 2000 Welsh Road?

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Yes, they average between 1,700 and 22.

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Okay. So would you say that if Irvus is collecting $1,000 or $1,250 in rent, that that's below the market rate?

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Absolutely.

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Ms. Kohl, when you sold the applicant his home, did you not have that conversation about what he can anticipate the rent would be?

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i mean if you know that people don't want to live on a busy street or next to a cemetery

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i would think that the buyer would have asked you what do you think i can get for rent

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his ideas for it weren't immediately um he just saw that the amount of land involved and things

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like that and thought of you know possibilities possibility of turning it into semi-commercial

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space no of making it more outfitted for his family for their needs he still has that opportunity

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and i just can't i cannot buy this uh argument that people don't want to live next or close to

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a cemetery they just sold the house across the street from me directly next to a cemetery for

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$550,000. So, Ms. Tancredi, with all due respect, if we can move on, I'd appreciate it.

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And I have no further questions for the realtor. Just in some, you know, other than the location

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being adjacent to a cemetery, you've heard testimony that this property is located on

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a busy street that has two-way traffic. It's near a commercial intersection.

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And the size of the lot, you can see from the photos that we've submitted,

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is 10 times larger than any other single-family home in the area.

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And I do believe that there is someone else that is available to testify and support.

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I have no further witnesses to call.

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Do we have a name, Dawn, for that person?

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Irvis. Do you have his name?

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Irvis?

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Excuse me, Mr. Chairman.

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Yes, sir, Mr. Holloman.

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Why are we discussing the economics of real estate at a zoning hearing?

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Claiming it's a hardship, I assume.

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that he can't do anything else with the property.

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That's the way I gather the argument is being made.

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The argument is that it can't be sold.

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It's been offered for sale as a single family home and no one purchased it.

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So it can't be used for its permitted use.

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And it's also even been offered for rent.

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And my client can't even get market rate rent.

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but he can live there

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and he bought it

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all right

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I'm sorry, Ms. Tancrede, do you have someone else

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you said, a witness

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Hervis

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yes, it's Bujar, he's saying

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that he raised his hand

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thank you

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I'm sorry, what is his name

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Bujar

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B-U-J-A-R

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there's no one with their

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hand up by their name, could he be listening to

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someone else

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there he is there he is one moment please okay

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hello hi please spell your full name sir yeah uh my name is bujar b-u-j-a-r and surname joka

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g-j-o-k-a you swear or affirm to tell the truth the whole truth nothing but the truth

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Yes, I do.

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What is your address?

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My address is 1865 Wells Road, Philadelphia, Pennsylvania, 19-115.

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Please proceed.

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Yeah, I'm the chairman of the Albenan American Association here in Philadelphia.

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And on behalf of my organization, we support Elvis with the project he has for the supermarket for abandoned food and clothes, traditional one.

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I have a lot of support from my community, and they're asking to have our own shop, so our people can come and buy our production there.

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I have a lot of support from my community and they ask him to have.

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Thank you.

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And the neighbor there as well, and as I see the property every day when I pass there, it is close to the commercial buildings there, and there's a cemetery there as well.

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So it is not too far from a commercial and nothing is holding other residents there.

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Anyone else? Dawn, do you have anyone else?

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No, I don't.

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Thank you. Questions from the board?

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No.

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Anyone else would like to testify in this case? Please raise your hand.

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here we have alice udovich please unmute yourself good afternoon miss udovich uh you know the drill

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please spell your full name and i'll swear you in good afternoon chairman members of the board

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alice udovich u-d-o-v-i-c-h on behalf of councilman brian o'neill chairman and members

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hold on do you swear for him to tell the truth the whole truth nothing but the truth

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Yes, I do.

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Thank you, Alice. Please proceed.

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As Ms. Zimmerman mentioned, there is a neighboring strip mall.

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This area of the city was designed specifically to have little pockets of commercial that contained only commercial.

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And it's completely unfair to those commercial businesses to allow a residence to operate commercially when they're paying rents, you know, right up the street.

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So, you know, and if you look at this home, it actually looks like it could be on the historic registry, not used as a store.

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So the councilman is strongly opposed to this.

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Anyone else to testify? Thank you, Alice.

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I just have a follow up question for Ms. Udovich.

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um miss hudovich um there are other commercial uses on welsh road isn't that correct

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alice if you're there please unmute yourself

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yes that is correct and as i mentioned there are small strips of storefronts that are built

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at the edges of residential neighborhoods

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to confine the commercial uses to those spaces.

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And there's a medical office nearby this property, correct?

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Yes.

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And the property is adjacent to a church and cemetery?

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That's correct.

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And the property is adjacent to a school?

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Not quite adjacent, but close by.

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it touches a school behind it the hebrew school yeah okay thank you

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thank you again anyone else to testify in this case

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yes chair we have mark nodel or nodal

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please unmute yourself two o'clock hour it will be witching hour okay

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I have to promote on the panelist chair because it's not allowing me to just allow him to speak.

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Hello, can you hear me?

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Yes, sir. Please spell your name and I'll swear you in.

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Good afternoon, everybody. My name is Mark Nodell. N-O-D-E-L.

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Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do, sir.

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Thank you. Please proceed.

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i leave my address is 2004 a as apple welsh road so my house 23 yards from this property okay

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those people telling nice story but it's not quite true what they said i have two questions

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who is antonio soares uh you have to direct your i don't know who that is for lawyer for for this

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for ladies who represent the areas who is antonio saris because we got papers

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every paper says antonio saris antonio saris who is antonio saris mr chair that's the prior owner

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and you know the paperwork that's filed with the city shows the owner at the time and

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the city is behind and updating records and recording deeds right now miss thank you thank

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you for explaining that mr nodel would you please just speak to the issue as to whether

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Sir, could you please allow the chair to finish speaking before you respond?

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uh let's move on anyone else yeah i agree yes yeah we have tara

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Let's move on.

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Anyone else?

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Yeah.

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to rise hopefully i'm not messing up the name please unmute you

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yes please spell your full name

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We can't hear you.

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Increase your volume.

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P-A-R-A-S

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I'm sorry, start again.

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P-A-R-A-S

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And again, if you can get either closer to the mic or increase the volume, that would be helpful.

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P-A-R-A-S

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And your last name?

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S-M-E-R-E-C-H-A-N-S-K-Y-Y.

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Do you swear if I'm going to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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My name is Karas Murchansky.

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I live at 2004 Welsh Road, D.

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I am also an elected committee person for Ward 56, Division 41.

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On behalf of myself and all of my neighbors, I want to say that we adamantly oppose this variance.

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This is a family-friendly neighborhood, and our children play right next to this property.

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There's an alleyway that touches the side of the property right next to it, where children play,

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neighbors come out, and we absolutely do not want any kind of commercial activity next to our house.

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We absolutely oppose it.

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Or just object to his talking, speaking on behalf of anyone else.

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You have to speak on behalf of yourself, sir.

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Thank you for your testimony.

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Anyone else?

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Something new and different.

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Here we have Bernard.

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Please unmute yourself and please wait for the chair.

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Can you hear me?

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Yes, we can.

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Can I spell your full name, sir?

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uh bernard jadek j-a-d-a-c-h i'm with the great evocations typically you swear to tell the truth

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ma'am sir you swear to tell the truth the whole truth nothing but the truth

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yes please proceed okay um

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this uh uh property sits next to a cemetery and down the street from residential houses

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uh and it doesn't uh shouldn't be allowed to be made commercial there there is no hardship in this

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deep lot many people in bustling enjoy deep lots because they put decks and pools in the back

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there's many properties if you go around the block from this oh okay uh bustleton has plenty

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of houses in Somerton that have plenty of deep lots and people have accommodated by putting

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in recreational facilities for themselves. So there's technically not a real hardship

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with that. There are many vacant commercial stores in the Northeast are available for

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rent. He wants to put a store in, you know, he could rent a storefront. There's plenty

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of vacant commercial spaces the existing driveway along the house is only approximately one car

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lane wide and and to come out onto the busy street with a store putting a store in there

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where you're going to have multiple cars coming and trying to use a driveway for both directions

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is kind of a hazardous condition i think but you know that's up to you guys to decide

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uh according to his plan that was just presented uh there's an existing freezer there and it's

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within the uh side setback of the property it's within it's uh sitting uh less less than eight

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feet from this existing property line uh that's presently there so he's already using it for

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commercial purposes because he has a freezer there and it's shown on his own drawing uh where

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shows three freezers and one of them is offset. Yeah, that's the drawing. And the one freezer

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there closest to the buildings, if you can see it, is less than eight feet. And eight feet is

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the required setback. And that's not addressed in any of the applications.

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Thank you. In the interest of time, is there anyone who would like to be heard who is in

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favor of this application

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of this application if you're in favor of this please raise your hand

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if you're in favor of

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because i know those are those who are opposed will continue to say the same thing over and

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over again we appreciate you taking the time but we do have many cases to go through yet

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yes we i'm sorry we have excuse me we have john mckeever please unmute yourself and wait for the

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chair please and please something new and different that's one comment chairman please

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spell your name john your last name m-c-k-e-e-v-e-r i just want to make sure that i heard swear or

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affirm to tell the truth the whole truth nothing but the truth i do please proceed uh i'm vice

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president of the bustling civic league i just want to make sure i heard the very beginning

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mr chairman according to your notes at the at the meeting of the rco and the applicant we voted 18

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to 3 to oppose this i'm not sure we we clear we we clean cleared that up it was a mistake there

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was a notation should have been on another case we have that i think he heard me we do we we

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cleared that matter up we understand greater busselton is opposed as is councilman brian o'neill

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all right uh i'm going to move on uh questions no questions from the board i asked planning

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commission good afternoon david vecto city planning commission mr chairman members of the board

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the comprehensive plan recommends no change in the residential single family zoning at this

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location there's nothing unique about this lot that would prevent it from being used in conformance

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with the zoning code we recommend that the board deny the requested variances thank you calendar

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the number MI 2021-003520, 2000 Welsh Road. My vote is no. Carol Tenere, my vote is no.

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Professor Plaza, no. James Snell, my vote is no. Thomas Holliman, my vote is no.

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I know we have several more cases. My question to the court reporter, do you need a break?

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No, I'm fine. Thank you.

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Okay, let us know if you do. Thank you, Michelle.

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All right, we're going to go to case number six, seven, and eight.

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Yes.

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MI 2021-003466, 2734 Federal Street, MI 2021-003464, 2728-30 Federal Street,

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and MI 2021-003-465-2732 Federal Street.

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Mr. Clinton is the attorney of record for all three.

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Grace Ferry Community Council has sent a letter of support

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for each of the three cases before us.

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Mr. Clinton, good afternoon.

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Please identify yourself and I'll swear you in.

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Yeah, thank you, Mr. Chairman, members of the board.

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Henry Clinton, Queen Memorial Building, 1313 South 33rd Street, Philadelphia, PA, 19146.

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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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Thank you.

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The Vice Chair, Ms. Tenere, has a few questions for you.

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Hi, Henry.

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Do you agree to waive the reading of the refusals and stipulate to their accuracies?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

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referral photos under plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter for all of these cases yes to all the above to all the cases

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okay thank you you may proceed

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is that visible enough or i have to make it larger larger a little bit please a little bit larger

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that's good thank you all right thank you good afternoon mr chairman members of the board

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as you said in the beginning this project involves three separate addresses and there's three

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separate calendar numbers this is the table of contents of my presentation containing exhibits

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aa through a10 which i asked to be admitted into evidence once the case is over the refusal is

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basically the same for all three properties. All three properties are located in the I-2

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industrial zone and refusal is the same for each of the three properties. Pardon my interruption,

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Mr. Clinton, but may you maximize your screen again, please? No, you remind me of that every

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time. I'm so sorry. Thank you kindly. Thank you, Ms. Sunkit. So the refusal for each

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Thank you, Ms. Sunkit.

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So the refusal for each property is the same.

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Every property is zoned I-2,

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and each refusal addresses the fact

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that multifamily living is not permitted in the I-2 zone.

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We do have a letter of support

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from the Grace Ferry Community Council,

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as the chair mentioned at the outset.

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So just again, to give you a perspective here,

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This is Grace Ferry Avenue heading east into the city.

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The project is these two garages and somewhat of an open lot here.

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And just by way of background to show you, this is all zoned I-2 right off of Grace Ferry Avenue.

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But to show the board that in the past year, there's been an approval of a 19-unit apartment building right here.

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uh i was before the board about eight months ago on a project here it's going to be uh again

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residential the billboard is going by the wayside and then down here on this triangular piece

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you're going to be commercial on the first floor and residential above this is a residential

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project here to just being completed uh this project here is also residential that's being

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being completed and on federal street to 2700 block it's all residential on this side

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And there's two residential on this side. So basically what the trend is, is that the institutional uses or excuse me, industrial uses along this 2700 block of Federal Street are being replaced by residential use because of the demand.

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and because, frankly, we don't have any industrial in this particular neighborhood anymore.

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This is a view looking from the south to the north.

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Again, just showing there's 100% lot coverage on three of the four lots.

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And this is Federal Street looking east, and you can see that there's curb cuts and garage frontages,

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and we're going to reuse those curb cuts and reorient them in some cases.

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So the plans, basically, this is one property. It's 28 to 30. This is 28, 32. This is 28, excuse me, 27, 28 to 32, 27, 34, and 34.

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So a little bit confusing, but the way the architect did this is when he submitted, you have to cross out your other two applications and submit one application at a time.

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So they're all the same, basically.

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And I'm going to use this first page to explain to the board what's going on here.

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This is Federal Street.

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This is the double lot.

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So on the ground floor, there's going to be an interior parking space, and the remainder of the first floor on both units will be wide open.

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So it's really going to be geared to perhaps a businessman or some craftsman who may want to use the garage area for parking,

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and then the remainder of the first floor for whatever hobby or whatever craft they use.

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So it's somewhat of an industrial use, but not totally.

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There will be no basements on these properties on either the floor on this side or the floor on Manton Street.

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There's going to be three stories with a rooftop deck on each of the four units.

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This is just a perspective on the driving lanes.

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You come off of Grace Fry Avenue, this Federal Street goes east,

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and there'll be parking spaces for each of the units.

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Again, just some more floor plans to show the board context of what's going on.

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The lots are all the way from Federal Street to Manton Street.

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They're basically going to be split in half eventually.

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Right now, they're not subdivided, but they will be. So that's why the refusals indicate that there's four dwelling units on this particular project.

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There's two dwelling units here and two dwelling units here. So there's a total of four on Federal Street.

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They'll all be single family and there'll be four on Manton Street for a total of eight.

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these are the elevations again a lot of brick bays on the second and third floor

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we're going to reuse the curb cuts on federal street as well as on manton street

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for the garage entrances on the first floor i'll go briefly through the floor plans this is the

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floor plan for each of the eight units again no living on the first floor there's going to be a

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powder room, garage access, and then a whole open area here for craftsmen or someone has

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or someone has a hobby where they'd like to use the first floor but there's no living quarters

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a hobby where they'd like to use the first floor, but there's no living quarters on the

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on the first floor the living quarters will be on the second floor and the third floor

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several bedrooms and immediate room as well as a den

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one thing i just wanted to show the board besides the typical documents that are submitted

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for a hearing like this i wanted to show you the industrial nature

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of this area. So this is Grace Ferry Avenue. This is Federal Street. And you can just see

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the hallway area is I-2. But as indicated at the outset, it's trending residential

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because of its proximity to Center City and University of Pennsylvania.

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So I'll field questions from the board, if there are any.

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Do you have a client to adopt your testimony?

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Yes, I do, Mr. Chairman.

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Why don't we get him on, Henry, and then we'll move on from there.

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Mr. Ram, can you raise your hand and unmute yourself or have yourself unmuted?

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Yes. Mr. Ram, please spell your full name and I'll swear you in.

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Doug Ram, D-O-U-G-R-A-H-M.

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You swear if I'm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir. Thank you. Mr. Clinton?

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Mr. Rahm, have you heard my testimony today during this call?

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Yes, Mr. Clinton.

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And if you had the opportunity to testify, I would do adopt my testimony as your own, and that's true and correct.

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100%.

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Yes, I would.

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Thank you, Mr. Rahm. I appreciate it.

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Thank you. Questions from the board?

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No, Mr. Chairman.

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No.

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No.

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Anyone else would like to testify in this case, please raise your hand.

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in these cases i should say plural i see no hands chair thank you planning commission

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good afternoon david effecto city planning commission mr chairman members of the board

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comprehensive plan recommends industrial and residential mixed-use zoning at this location

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because of the warehouses there are still a viable collection of industrial properties on this block

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both irmx and the current general industrial zoning require some type of business activity

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in a residential structure the applicant proposes strictly residential development which will remove

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much needed jobs from the neighborhood with no replacements we recommend the board approve the

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requested variances but we also request that at least one dedicated space be included in one of

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the homes for a business to operate in who makes that decision uh thank you um i mean mr clinton

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And I'm somewhat familiar with that.

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Those garages are currently, I think, used just for storage, am I correct?

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Correct.

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The owner who's on the call uses them for storage and for keeping his building materials.

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And the idea of this project is the first floor is going to be all garage space.

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So if there are craftsmen or someone who wants to use it, they're going to be able to do that.

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Again, I said I'm familiar with that.

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I know those garages quite well.

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All right.

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Anyway, case number MI 2021-003466, 2734 Federal Street, MI 2021-003464, 2728-30 Federal

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Street, and MI 2021-003465, 2732 Federal Street.

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My vote is yes on all three.

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Harold Tenere, my vote is yes on all three. Professor Plaza, yes for all. James Snell, yes to all three.

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Thomas Hallowann, yes to all three. Thank you. Now go to case number.

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Mr. Sharon, if I could interrupt for one minute. Mr. David Orfanides is on the line. If you could call the case that I had marked as a possible add-on, it's at the very end of your case summaries.

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this should only take a few minutes he's you heard this case you held it for an rco letter

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which we never received despite um mr orphanetes requesting it if he could just report on his

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efforts to get the letter and you can then vote the case and where is that sharon it's at the

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very end of your case summaries it's 1811 van pelt street it's marked as a possible add-on

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Okay, I see it.

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Good afternoon, Mr. Chairman, members of the board.

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Good afternoon, Mr. Chairman, members of the board.

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Can you hear me?

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Can you hear me?

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Mr. Affanides, before you start, can we say this is case MI 2021-003104, 1811 North Van Pelt Street.

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It was marked as a very limited resumption hearing.

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Go ahead.

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Yes, correct.

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At the original hearing that we had scheduled in this matter on November 2, 2021, the conclusion of the proceedings, without any input from the coordinating RCO, it was requested that they voted the matter be held for two weeks.

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two weeks lapsed yesterday and um for the community group to provide a letter communication

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written communication to the zoning board regarding their position in the case if they had submitted

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one i requested and was i believe granted the right to respond to that communication if it

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was provided i have not received that communication as of this date as of this moment and i don't

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believe the zoning board has either. Consequently, I would ask that the board vote the matter.

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In terms of our efforts, I did email the community group requesting that they forwarded their

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position letter. I did speak with Mary Jones about it prior to the last hearing, the Friday before,

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advising her that I hadn't received the letter, asked her if she had. She hadn't. She was going

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to follow up with them. And I understand that she was also contacted. She may have been contacted

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by the zoning board staff, attorney, or administrator regarding her efforts in that

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respect. And again, as of this date, we've not received any input. I just wanted to remind the

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board in making the vote that, and I believe David Fecto from the Planning Commission, I believe was

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representing the Planning Commission at that proceeding and supported the granting of the

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variance. In this case, this is a longstanding blighted property on a block that is over half

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vacant and blighted abandon. And we, without going back through the case, we feel that there

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was a clear hardship here that warranted the granting of the requested use variance. It was

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a dimensionally compliant building, and we only had a use variance here.

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Madam Chair, Mr. Chair DiCicco has been knocked off. He isn't connected right now.

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so you can go if you can go forward but i believe mary jones is um in attendance perhaps she could

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speak briefly

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okay mary

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hello hi mary can you put your name on the record spell your last name and i'll swear you in

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of course uh mary jones um on behalf of council president daryl clark

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um m-a-r-y-j-o-n-e-s do you swear for him to tell the whole truth and nothing but the truth

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i do thank you you may proceed um yes i had sent a couple emails and um

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okay i don't i don't think i was able to speak with her about this case

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but the um i i did um have some contact with miss bennett who runs the rco and she was convinced

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that the um that the excuse me that the applicant was to come back with revised plans

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and i had just had not had the opportunity to ask mr orphanetes um was that what happened

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um there there was no yeah there was no request um to come back with revised plans we unilaterally

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um between the submission and the zoning board hearing had um lowered and i provided the proviso

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plan form with to the zoning board had lowered the cornice and was part of our presentation to

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line up our cornice line with the buildings to either side because as we originally submitted

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it was a little higher we wanted it to be more in line with that so other than that own unilateral

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you know it wasn't even requested by the community it's something we did on our own as we were

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getting into the process and you know wanted to look at it and did a simulation and wanted to see

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how things fit but that wasn't requested by the community and i don't recall that there was any

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other request in terms of the building um to come back with the revised drawings like there there

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wasn't um to the best of my recollection i mean it was it was an in it was an in-person meeting

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and i don't know what changes there could have been made could have been even requested it's

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And I don't know what changes there could have been made, could have been even requested.

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It's a dimensionally compliant building.

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dimensionally

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complex

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And we brought it on our own to fit in with the buildings to either side.

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Okay, Mary.

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Yes.

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Well, at this point, I have tried to communicate with the RCO about the need to return a letter.

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And that was her response.

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And so if I just at this point, I was not there, so I can't say which way happened.

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So I'm just going to at this point, we just have to go with whoever's here that was at the meeting and could speak to that.

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And that was just when Mr. Orthonini's. So I just don't have anything else to add aside from that.

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i mean i will put this to the board if there was anything that is requested by the community group

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other than what we've changes we've made on our own unilaterally i'd be happy i don't want to hold

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the vote up for that but as you know we're happy to continue the communication with the community

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and to make you know whatever changes we can make so i'd be happy to you know work with mary

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moving forward but i you know obviously want to have this vote taken made so that we can move on

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here just to let it we're voting this today correctly i mean correct um your call but i

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would recommend that you vote it yes okay is there anyone else here who would like to speak on this

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case this is really a very limited resumption it was only planning commission

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i believe we already had a planning commission or did we mr yeah i guess that i believe david was

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david fecto was the representative at the hearing and my recollection is that they voted uh that he

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stated to support the granting of the variance but i again he's here is that correct david that is

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correct dave fecto city planning commission and chair tenari uh and mr of meetings that is correct

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on uh on november 2nd we entered a recommendation of approval for this application

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thank you and the board has no questions no madam chair thank you no calendar number 3104

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1811 north van pelt street my vote is yes with revised plans stamped today there because we

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with revised plans stamped today consisting of one page one page thank you confessor plaza yes

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supervisor james snell yes supervisor thomas thalaman yes supervisor thanks guys thank you

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calendar number thank you sure um we are we going to number 10

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calendar number 3422 3837 brandy wide street the attorney is joseph consul

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and we have a letter of support from manchewa civic association

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good afternoon board hi put your name and address on the record spell your last name and i'll swear

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are you in? Good afternoon, Joseph Consul. That is C-O-N-S-O-L-E. Address is 1 West 3rd Street,

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Suite 204, Media, Pennsylvania, 19063. You swear to tell the whole truth and nothing but the truth?

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I do. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do. Have you emailed the civic packet with the required documents consisting of proof

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of ownership tax compliance, a copy of the refusal or referral, photos and or plans of the property

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five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all. Okay, you may proceed, and again, I will say that we do have a letter of support from

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the Manchewa Civic Association. Good afternoon, Board. I'm here for 3837 Brandywine Street.

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The owner is GLY Investments, German Yakubov.

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The representative for the owner is on this call as well.

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In my packet, we have the refusal, the RCO letter, photos and plans, and the other necessary documents.

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We have a refusal, which is for accessory parking for a single-family home that is off of Brandywine Street.

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We're seeking to include accessory parking with the single-family structure.

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We have a letter of full support from the Manchewa Civic Association, our other proofs,

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and the reason we're seeking such is that we've got a wide lot that stands out from the rest of

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the block. The block itself has at least five.

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The block itself has at least five vacant properties.

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And as you can see from this arrow photo, there's several other vacant properties that surround our lot as well.

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The Civic Association expressed to the developer that they wanted a nice property built here with off-street parking.

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um he complied he uh has plans that we've attached here for a three-bedroom 2.5 bath home

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with off-street parking uh besides the uh request for the off-street parking we have no other

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variances he's attempting to bring a nice property into the neighborhood and that's what these plans

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reflect we believe it'll beautify a um extremely long-standing vacant lot uh and we believe that

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lot uh being extra wide um is appropriately um zoned with and with off street parking thank you

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does the board have any questions no is there anyone here do you have any witnesses i do i'd

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like to call german yakubov mr yakubov can you hear me i can okay can you put your name and

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address on, spell your last name, and I'll swear you in. German Jakubov, last name is Y-A-K-U-B-O-V,

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first name is German, like language, G-E-R-M-A-N, address 601 North 39th Street, Philadelphia, PA,

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19104. Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do. Okay. Good afternoon, German. Did you hear my testimony just now? I did. Would you like to

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further elucidate or express anything to the board today? No, just that we met with the

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community they we gave them we got full support unanimous support for for this project and we're

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we're hoping to keep moving along thank you okay thank you very much I have nothing further

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thank you planning commission good afternoon David Fecto city planning commission chair

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Tenari and members of the board the comprehensive plan recommends this property for residential

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single-family use the applicant has failed to prove that a hardship exists that would require

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parking to be placed at the front of their property adding a curb cut will privatize

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a scarce public parking space we recommend the board deny the requested variance

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calendar number 3422 3837 brandywine street my vote is no

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Mr. Paul is on no.

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James Snell, my vote is no.

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Tom Solomon, my vote is no.

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Calendar number 3468, 7300 Frankfurt Avenue.

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The attorney is Dan Breisman or Reisman.

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Where is the chairman?

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Does anybody know?

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When he called, he was trying to get back on.

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I can check with you again.

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Boy, today has been terrible with, let's see, technology.

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Mr. Reisman, are you out there?

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Mr. Reisman, you have to unmute yourself?

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Yes, yes, I've unmuted myself.

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Good afternoon.

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Good afternoon.

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Put your name and address on the record, spell your last name, and I'll swear you in.

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Daniel Reisman, R-E-I-S-M-A-N.

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To Liberty Place, 22nd floor, Philadelphia, PA 19102.

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Thank you.

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Do you swear our firm to tell the whole truth and nothing but the truth?

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I do.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral, photos, plans, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes to all.

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Okay, we have a letter of support from Nationality Service Center.

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No RCO letter from the Mayfair Civic Association.

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And the Philadelphia Department of Public Health letter of support.

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So briefly, tell us what this is about.

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Sure.

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The property, and just for the record, I've handed in or sent in 11 exhibits,

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including the letters and support that you just mentioned, photos, floor plans, and so on.

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The property is located at 7300 Frankfurt Avenue. The proposal is for medical offices

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with the pharmacy. The property, can you see this screen that I'm sharing?

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Yes, I can.

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Okay. The property you'll see in this plan is right here. It's fronts on Frankfurt Avenue. On this side is Cotman Avenue. Behind it is...

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on Frankfort Avenue. On this side is Cotman Avenue. Behind it is Leon. And then on the other

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side of it is Ryan Avenue. And the property is in a very commercial district. There are a lot

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of stores in the neighborhood. If you look at this plan, you will see that the property has

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an unusual shape, which is a triangular shape, which results in unusual floor plans for the

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portions of the property. My client is leasing the space. The space that it is leasing has been

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vacant for a couple of years. There are a number of other vacancies at the property that we believe

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result from, again, the unusual shape of the property and the unusual floor plans.

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My client actually had some difficulties with coming up with a floor plan that would work.

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They think they've come up with something, so they would like to proceed with the space.

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The property is located in CMX 2.5, but it's actually the northeast overlay is the reason we have a variance request, because it prohibits group medical offices.

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Here's another photo overhead of the property.

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and here's another one and again you'll see uh this unusual triangular shape the um the the as

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i said the overlay is the reason that we're here um there are photos in the package that include

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the surrounding areas um and that includes a number you'll see a number of uh properties have

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both medical uses and pharmacies so we think within that two block range this is a very

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consistent use with the property my client is spectrum health services and in exhibit

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a5 there is background information on spectrum health they work closely with the city

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on various health issues including covid vaccines they have three other locations

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right now in the city of philadelphia this would be their fourth um in some

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does the board have any questions

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no is your client here to testify yes i would like to call your testimony yes i would like to

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call as a witness veronica milborne who is the president and ceo of spectrum health services

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okay great veronica yes i am here hi can you put your name and address on the record spell

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Well, no, just your name, spell your last name, and I'll swear you in.

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Sure.

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Veronica, V-E-R-O-N-I-C-A, Hill-Milbourne, H-I-L-L-M-I-L-B-O-U-R-N-E.

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Do you swear if I'm to tell the whole truth and nothing but the truth?

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I do.

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Okay.

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Mr. Roisman, you can request your question.

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Thank you, Madam Chair.

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Good afternoon, Veronica.

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Did you hear my testimony today, my statements?

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I did. And are they true and correct to the best of your knowledge?

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They are. And you adopt them as your own? I do. Thank you. Are there any witnesses in

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the virtual audience that need to testify? I see no hands, Madam Chair. Thank you. Planning

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Commission. Chair Tonari, members of the board, David Vecto, City Planning Commission.

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a health center is exactly what a reasonable person would assume would locate at this location

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so we are going to recommend that you support the requested variance. Thank you. Calendar number

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3468 7300 Frankfurt Avenue my vote is yes. Professor Plasm yes. James Snell my vote is yes.

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Thomas Holliman, my vote is yes.

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Thank you.

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Calendar number 3483, 822 North 40th Street.

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The attorney is Michael Mattione.

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Mr. Mattione is coming back in as a panelist.

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Michael?

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Michael. Good afternoon again, Madam Chair. Hi. Can you put your name and address on the record? Spell your last name. You're already sworn in. Yes. I'm Michael Mationi, M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A, Northwest Philadelphia, 10106.

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Do you swear or affirm to tell the whole truth and nothing but the truth? Yes. Do you agree to believe the reading of the refusal and stipulate to its accuracy?

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yes and have you emailed everything that you should have in the exhibit packet

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yes we have an rco letter from belmont alliance civic association in support so you may

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from Belmont Alliance Civic Association in support, so you may proceed. Thank you. Briefly. Yes,

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as you said, we have the full support of the Belmont Alliance Civic Association. Yes. This is

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this is a property zone CMX2. Our client would like to get two variances, one to have seven

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residential units here, and the other is not to have any commercial use. We worked extensively

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with the Belmont Alliance Civic Association, made numerous changes to the plans, although the site

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plan did not have to change. As you can see in their letter, they asked us to add a front door

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at the first floor unit and scale down the window, so we did that. They asked us to add a bike rack,

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we did that. They asked us to place security lights and cameras in the front rear, we did that.

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They asked us to have a unit comply with the ADA, and we have that.

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So we did exactly what the RCA asked us to do.

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They understand that this area does not support, and this is the changes that we made.

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There used to be a window right where the hand is.

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We got rid of that.

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We added the front door.

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As you can see, it's a red brick facade with a mansard roof.

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It's multifamily in a multifamily area.

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This lot is vacant.

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The entire block that it's on is vacant.

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There's nothing else there.

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If you go to the surrounding properties, you will see that across the street, I'll get to it in a minute, across the street, the only development going on in this area is all multifamily units.

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These are the multifamily units at 801, 803, 807, 811, and 813 North 40th.

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there are six family six unit multi-family structures being constructed variances were

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granted and these are on 1264 square foot lots and these are obviously recently granted and we

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want to build and the community wants us to build in conformity with them they want us to have seven

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units because our lot is 2,000 square feet to 64 there are six units on these lots are all 1264

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four square feet. That's the only construction going on. The commercial area to the block to

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the south of us has numerous vacancies, as I will show you in a minute, which is why they do not want

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any more commercial. The area is not supporting commercial, as you can see. You have vacant

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storefronts, vacant lots, just vacant storefronts. It's not working. The commercial area, there's no

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critical mass to support the commercial businesses, which is why on our block, or a block north of

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these, there is absolutely no buildings at all, and why the RCO supports and wanted us to do this

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with no commercial units. We met with them, I think, three times extensively and made changes,

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like I said, and came up with the property in a manner that they wanted it to be. So, you know,

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We worked with the RCO, and this is what they wanted us to build there, and that's how we got to it.

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As you can see, it's a full red brick building, just exactly what they want it to be.

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The buildings across the street where the new construction are all red brick, they're white brick, not red brick, but they're all brick buildings as well.

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Like I said, building in conformity with what's around us, we're building what the RCO wants us to build or proposing to build what they want us to build.

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We have their full support, as you can see from their letter.

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Again, that is what we are trying to accomplish, what the RCO asks us to build after meeting with them extensively.

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And Eugene Nidovich, the client, is on the line, I believe.

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I would like him to come on as well.

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The chair is back.

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but i didn't hear any of the cases up the last minute or so so i won't be participating in this

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okay anyway i just i'd like to have mr knightvich come on

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he cut me off today to show me the door

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i'm on out of this has been a free just yes yes

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scenario you're muted mystery

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oh mr knightovich can you put your name on the record spell your last name and i'll swear you in

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yep eugene knightovich last name is n as in nancy a y d o v i c h

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do you swear or affirm to tell the whole truth and nothing but the truth

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I do. Okay, Michael. Thank you. Yes, Eugene, did you hear my comments? Yes, I did. And are they

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true and correct? They are. And did you have any additional comments to make as well?

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I'm just, you know, we've been working with the community for a while. You know, we have a lot

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of support. We went through several changes to this project based on what the community wanted,

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to this project based on what the community wanted.

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and this is the final result of...

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And this is the final result of a work together

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with the community with, I believe, full support.

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Thank you.

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Thank you.

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Is there anyone else in the virtual audience to testify?

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I see no hands, Madam Chair.

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Planning Commission.

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Good afternoon, Chair Tanari, members of the board.

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The comprehensive plan recommends no change

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in the residential single family zoning at this location.

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We believe the applicant has proven that a hardship exists that would allow for no commercial use on

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the ground floor. However, we believe seven units is an overuse of the lot. We request the board

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approve the requested variances with a reduction in the unit count to four units allowed by right.

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Is that doable, Mr. Mattione? Well, Madam Chair, we work with the RCO and they're the ones who

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recommended that we build seven units. They requested that you have it so that there is

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more critical mass in the community. They're, you know, this is a fully vacant, not just

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lot, but block, and they want to see some activity there. And that's why they asked

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us to build more units than we, than are permitted under the CMX2 zoning that this property

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has. So that's why we asked for the seven units, because that's what the community

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yes okay calendar number three four eight three eight two two north 40th street my vote is yes

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confessor plaza yes james snell my vote is yes

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tom can you hear me yes we can yeah i think that seven units is a high density for that lot

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okay well we're voting now thank you okay um that does conclude the two o'clock hearings and mr

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chairman you know that i will be leaving now i'm sorry excuse me madam chair did mr hall come and vote

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uh no i guess that was a no vote

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we need to please say it on the record yes tom tom can you vote that

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Yes, what happened probably is my computer went down, the signal went down.

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I'll vote no.

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Okay.

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So, Mr. Chair, before you speak, I'm going to leave now.

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It's not time to say goodbye with Andrea Bocelli, because I know I'll see you again.

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But thank you so much for chairing this board, leading us in the right direction.

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You signed up for it and you handled it with dignity, kindness.

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You included everyone.

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Don't cry, Frank.

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And it doesn't matter what anybody said about you.

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You were the absolute best chair we've ever had.

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And I've been with a lot of chairs.

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Does everybody agree with me?

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Thank you.

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listen hold on i'm leaving thank you we'll talk thank you very much thank you sure this concludes

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the two o'clock list i guess we need a break i don't i was off here for like 20 minutes i figured

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it's it's it's a nicer way of telling me to go away but i thought it was a plot i thought you

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were so emotional you couldn't stay all right so it is uh it's almost 10 of five i'm going to take

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a 10 minute break and we'll be back at five o'clock sounds good folks thank you gosh what a

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tough day okay okay thank you good evening everyone my name is frank di chico i'm the

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chair of the zoning board of adjustment i'll be participating in today's hearing along with our

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Our board secretary, Mr. Confessor Plaza.

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Present.

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And board members, Mr. Thomas Holloman.

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Present.

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Mr. James Snell.

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Present.

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Board administrator, Patina L.

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And our board attorney, Ms. Sharon Saleta, are also in attendance,

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as is our zoning board administrator, Ms. Tanya Sunkett.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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and that the recording will be made available to the public

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by contacting Ms. Tanya Sunkit at tanya.sunkit at phila, P-H-I-L-A, dot gov.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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For anyone participating by phone, if you wish to testify, you may...

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I'll repeat that. If you wish to testify, if you're participating by phone, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google number 267-270-5548 and leave your email address and the address of the property at issue.

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I will repeat that. To enter an appearance statement, call Google number 267-270-5548

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and leave your email address and the address of the property at issue. I would also like to remind

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everyone, please do not attempt to testify in the chat. Any comments or concerns or issues should be

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raised with the court administrator. Having said that, I will read off the list of requested

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continuances on the 330 list. The add-on list, MI 2021-002-254-6399 Drexel Avenue,

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MI 2021-003420-6399-Drexel Avenue.

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These are appeals that were made against L&I.

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My understanding is all parties have agreed to continue this case, these cases.

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Any objection to continuing those cases, please raise your hand.

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i see no hands chair thank you i will now read off the regular list of 330 regular list

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of requests for continuances first case on our list mi 2021 that's 002648 1001 south chadwick

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street and number six on our list mi 2021 that's zero zero three seven one eight seven three six

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manning manning street anyone objects to those two cases being continued please raise your hand

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i see no hands chair thank you i will now ask if anyone would like to request a continuance

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or withdrawal on the 330 list? If so, please raise your hand. If you'd like to request a

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continuance or withdrawal on the 330 list, please raise your hand. I see no hands, Chair.

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Thank you. So we'll proceed with case number one, MI 2021-002647.

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1216 West Lycoming Street, Ronald Holbert, T-O-L-B-E-R-T. I'm not sure if the owner or the

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attorney. My records indicate we have not yet received any exhibits. Is there anyone here for

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1216 West Lycoming Street?

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i see no hands chair this case is continued and must be heard mi 2021-002-647-1216

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west lycoming avenue is continued must be heard case number three on our list mi 2021-002-640

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2728 West Harper Street. Joseph Consul is the attorney of record. It was a letter of support

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sent in by the Fairmount Civic Association. Mr. Consul, please identify yourselves by your last

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name and I'll swear you in. Good evening, board. How you doing? Joe Consul here. It is C-O-N-S-O-L-E

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1 West 3rd Street, Suite 204, Media PA, 19063.

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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.

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Thank you.

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Mr. Plaza has a few questions for you.

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Mr. Counsel, you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance,

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copy of the refusal or referral,

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photos and plans five days prior to this hearing?

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yes sir and have you met with the rco and have a letter yes thank you please for seeing hello

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everyone 2728 west harper street owners are sarah bowen and marilyn ponton uh these folks uh

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uh these folks uh just enlarge your screen mr console please yeah i want to uh bring us over

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To enlarge your screen, Mr. Counsel, please.

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to this atlas map and then i'll enlarge my packet these folks own 2728 harper street can you see

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the packet now you can make it a full screen that would be helpful yes

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You got it? Zoning Appeal Hearing Packet?

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Enlarge it, please.

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I have it maximized on my screen.

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Are you guys seeing?

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Let's proceed and see how it works out.

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All right. 2728 West Harper Street.

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My clients own this property.

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They also own the property behind it, which is 2725 Cambridge Street.

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I think this should be fairly straightforward.

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And I'll try to zoom in. So maybe that'll make it clear. West Harper Street has several tiny lots. This lot is 383 square feet. That's 383. It's not buildable. They own the property behind it.

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this board has granted at least two other variances on similarly sized lots for the same

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request. And that request is to use this spot in the back as accessory parking to the property

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on Cambridge Street. So they live and they own a house at 2725 Cambridge, the 383 square foot lot

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behind it all we're seeing mr console all we see is is the refusal i believe yeah so there's the

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refusal i'm just making sure that you guys see everything so here's some here's the pictures

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um this is a street with a ton of off-street parking that people either are using legally

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such as 2719 and 2713 that you guys have granted or just illegally and parking all over the place

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as you can see from the photos taken so we're seeking to use this spot here the 383 square

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foot lot as a parking stall it really is just the size of a parking stall we've got an existing

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parking stall to its right. And then two down, there's two other parking stalls. A lot of these,

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like I said, are converted, but haven't been approved by the ZBA. But several have, as I

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mentioned those already. So we're seeking your approval. The RCO had no problem with it. They

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said that this seemed like the only viable use for the property. And we agree. And my clients have

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been um you know interested in converting this for a while we finally got around to it so again

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here's some photos

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i'll call my client to raise their hand to adopt my testimony uh we had a turning radius study

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done that came out good as required by the streets department no issues there so it's just uh seeking

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to use this spot as accessory parking to their home.

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Thank you.

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We can get your client on to adopt your testimony.

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Are you available, Sarah?

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Ms. Bowen, please spell your full name and I'll swear you in.

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Hello, this is Sarah Bowen, S-A-R-A-H-B-O-W-E-N.

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

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I do.

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Thank you, Mr. Consul.

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Good evening, Ms. Bowen. Did you hear my testimony just now?

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I did.

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Is there anything you would like to add to that?

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No, just that we want to legally be able to park in the rear of our house, and a lot of our neighbors are already doing the same, so that we hope that this will be approved.

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My husband, who owns a lot with me, is here as well if he needs to testify.

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thank you i don't think that's necessary thank you questions from the board

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no no anyone else to testify in this case please raise your hand

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i see no handshake thank you planning commission

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it's uh ron bednar city planning that's r-o-n first name last name bednar b-e-d-n-a-r

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

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I do.

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Thank you, Ron.

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Please proceed.

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This property is indicated for residential on the city plan.

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Given the existing site conditions, we recommend the request of Vance to be granted.

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Thank you. MI 2021, that's 002-640-2728-West Harper Street. My vote is yes.

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Thank you.

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MI 2021-002640.

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Professor Plaza, yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Thank you. MI, case number four on our list, MI 2021-002638-3015-West Oxford Street.

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michael mcelhenny is the attorney of record brewery town sharswood community civic association

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sent a letter of support if the board approves they would ask that we include proviso for a

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revised plan one page mr mcelhenny please spell your name when you get on and i'll swear you in

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coming back in as a panelist chair

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Good evening, Mr. Chairman.

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

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Michael McElhoney, M-C, capital I-L-H-I-N-N-E-Y.

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We're affirming to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you. Mr. Plaza has a few questions for you.

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Yes, sir. You agree to wait the reading of its refusal and stipulate to its accuracy?

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We do.

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And have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral folders and plans five days prior

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to this hearing?

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Yes, I have.

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Have you met with the RCO and have a letter?

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Yes to both questions.

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Thank you.

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Please proceed.

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Members of the board, I'm going to share my screen.

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There we go. Good evening, members of the board, Mr. Chairman, I'm here on behalf of the owner

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of 3015 West Oxford Street. As a preliminary matter, the pre-marked exhibits that were

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submitted to the board, my client's deed, tax clearance, and neighbor photos of the zoning

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posters are attached at exhibits 14 through 17 and as mentioned we did meet with the rco

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and we do have a letter of support it was 28 in favor eight opposed and we did get a letter of

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support that was sent directly to the board and is marked at exhibit 18.

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my client's proposal for the subject property which is currently a vacant lot is for the

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erection of a new construction structure three-story new construction structure with a

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roof deck for three dwelling units the property itself is zoned rsa5 which is one of the reasons

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we have a refusal uh the three the property zoned rsa five is only allowed for single family use

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three family is prohibited except for with the variance our proposed rear yard on the property

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was proposed at six feet ten inches whereas the new code requires a minimum of nine feet depth so

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there's one use refusal and one zoning refusal refusal at issue exhibit three of the pre-marked

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exhibit packet is the zoning map for the subject property. As you can see, it is on the north

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side of Oxford Street at North Corley Street. The property is zoned to RSA 5 and it immediately

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abuts. It's adjacent to RM1 zoning district and to the west against IRMX 1 and IRMX 2

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on Glenwood Avenue. Exhibit 5 of the exhibit package is an aerial view so the board can

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orient themselves as to this exact location. The property at issue, again, is the corner vacant lot

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at Oxford and North Corleys. Next to us on the west is a 45-foot multifamily apartment building

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approved for 35 dwelling units. And on the West Oxford sheet at 13 West Oxford, which is the

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abutting property to the subject property, that is currently zoned and permanent for a duplex.

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And on the opposite end, the east end of the block at 30, 01, and 03 are also two approved duplexes.

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So half of the current block is used for duplex use, and to the west of us is multifamily use for 35 dwelling units.

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I can pull up exhibit four, which are the site photos.

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as you can see at page one is the vacant lot that is where we proposed the new construction

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structure and to the opposite adjacent to us is 3013 that is approved for and being

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and being used as a two-family dwelling, as shown on page two.

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being used as a two family dwelling as shown on page two.

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Going down the block at 30.01 and 30.03 are, again, two family dwellings, and in the middle of the block, there are three single-family dwellings.

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Immediately to the south of our property is this new construction three-story structure.

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and looking at page five or page four to the west on Glenwood Ave are the existing

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IRMX properties that are large multifamily uses in the immediate area.

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Turning to the zoning plan for the subject property, this project, Mr. Chairman,

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does have a proviso for revised plans. Exhibit six is the original plan that it'll be easier to call

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out the changes that are being made. The original plan called for a three-story building along with

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a mezzanine level. It also called for a rear roof deck and balconies at above the first, second,

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and third floor level on the Corley side of the building. The subject property or the proposed

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development also had that six foot 10 inch rear yard depth. Upon meeting with the neighbors in

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the community at the first meeting in September and hearing their request for changes and feedback,

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we did revise the plans and exhibit seven shows the revised plan. And I'll zoom in so we can see

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the elevation. So as you can see, the proposal today is for a three-story structure without the

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mezzanine level without the rear roof deck and we've removed the balconies from the Corley side

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of the building. A lot of time those balconies end up accumulating trash and other items as a

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source of storage which becomes unsightly and was not it was frowned upon in the neighborhood so we

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did remove those balconies and the rear yard has now been made code compliant to a nine foot rear

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yard to eliminate that dimensional refusal in the revised plan. So we have a full rear yard

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no balconies, and a three-story structure. In meeting with the neighbors, we also changed

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the number of units from a three-unit development to a two-unit development. One of the issues the

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neighbors noted was density. While they appreciated and understood that we have a hardship related to

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being adjacent to a 35-unit apartment building directly to the west on Corley Street and also

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being attached to an existing duplex, they requested a reduction to a two-unit residence,

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which is what the request is for today. And at exhibit, before I get to the floor plans,

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at exhibit nine is a rendering of what my client will build.

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and i'll zoom in so you can see exactly what we're doing

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so the proposal the project will be constructed constructed of traditional red philadelphia brick

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which my client has done on other projects in this neighborhood uh the design was meant to

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try to be to fit in and be respectful of the existing architecture while still being slightly

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unique. As you can see, the architect and my client have developed and incorporated the arching

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windows, which are existing on the entire block of Oxford Street to continue that theme. And that

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was also added over the doorway, the main entrance to the building. The building does have a walk

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upstairs, and we've created a planter around the corner for aesthetics and to bring some more

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light and air down to the block as a smoother transition from the 45-unit building next door

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to the west into the other residential dwellings the proposed floor plans are at exhibit 10

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and with the reduction to two units rather than three we end up with unit one consisting of

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the first floor and basement for a total of 1451 square feet and that's a two three bedroom two

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and a half bath unit and then unit two which would consist of the second floor and third floor

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ends up at a 1,759 square foot unit. Again, three bedrooms, two and a half baths. As you can see

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from the layout, you have, there's a full large living room, full Eden dining area, large kitchen,

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bath, and three good size, actually very large bedrooms with their own bathrooms. So these are

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large high quality living spaces that can allow for and provide higher quality living space

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with with a little reduced density. As previously noted in the in the exhibit

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in the attachments or exhibits at 11 are the zoning records for 3001 Oxford 3003 and three.

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are the zoning records for 3001 Oxford, 3003, and 3013, which are the duplexes that are approved

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on the north side of Oxford Street, the same side as the subject property, and also 3017 Oxford

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Street, which is the multifamily building to the west of the subject property that's approved for

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35 units. And interestingly, the subject property, which is now a vacant lot, was historically used,

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and I'm going to zoom in. The large building next door was the John Sartain Public School

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and the corner property was used as apartments historically going back 1947 until it was

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demolished at some point about 20 years ago or so. With that being said, members of the board,

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The request here is that there is a hardship in that this property is adjacent to the 35-unit multifamily building.

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It's attached to a duplex, and there are multiple other duplexes on this side of Oxford Street, more than half the block, or approximately half the block.

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And we would request that that does create a hardship with the full community support.

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We would request that the board grant the variance that's being requested here.

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And if the board has any questions, I'd be glad to entertain them.

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And if not, Matthew Lynch is my client who is here in the audience.

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Let's get your client to adopt your testimony, then I'll ask the board if they have questions.

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Matthew Lynch, can you please raise your hand to be promoted?

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Mr. Lynch, please spell your name when you get on, and I will swear you in.

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Can you hear me?

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Yes.

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Matthew Lynch, M-A-T-T-H-E-W-L-Y-N-C-H.

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We're affirmed to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you, Mr. Matthew Lynch.

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Mr. Lynch, did you hear the statements that I have presented to the board this evening?

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Yes.

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Are they true and accurate to the best of your knowledge?

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Yes, they are.

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And would you adopt those as your own?

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Yes, I would.

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and do you adopt them i should say yes i do thank you questions from the board

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no mr chairman no no anyone else like to testify in this case if so please raise your hand

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i see no handshare thank you planning commission

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sir ron bednor city planning this property is indicated for residential use on the city plan

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given the surrounding use context, we recommend the request advance be granted.

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Thank you. MI 2021-002-638-3015 West Oxford Street. My vote is yes with Proviso.

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Revised plan, one page approved today.

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One page.

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Professor Plaza, yes with Proviso.

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James Snell, yes with Proviso.

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Thomas Holloman, yes with Proviso.

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Thank you. We go to case number five, MI 2021-002646, 75 East Logan Street. Eileen Quigley is the attorney of record.

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um wakefield 49ers community development and improvement association sent a letter of

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non-opposition with a proviso overlapping rco self slow low germantown civic association letter

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of non-opposition with proviso chair this is sharon the proviso is there requesting a 10-year

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temporary variance to expire for November 17th, 2031.

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Ms. Quigley?

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Yes, good evening.

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Hi, please spell your full name, ma'am, and I'll swear you in.

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Eileen, E-I-L-E-E-N.

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Quigley, Q-U-I-G-L-E-Y.

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you swear or affirm to tell the truth the whole truth nothing but the truth

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i do mr plaza has a few questions for you yes have you uh agree do you agree to wave

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the region of its refusal and stipulate to its accuracy so just to be clear it's a notice of

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referral this is for a special exception and i just want to be clear there were some errors

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there was an inaccurate notice of referral that was issued previously this quickly your voice

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is fading in and out so we just try that again from the top thank you yes so can you hear me

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now yes this is a notice of referral this proposed use requires a special exception

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for group living i just want to make sure that the zoning board has that notice

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for group living i just want to make sure that the zoning board has that notice of referral for

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group living as there was an initial notice of referral that was issued for a personal care home

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which this is not and there is some inaccurate information on the zoning board website that

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this is for a single room residence which this is not before you go any further is the court

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reporter able to get that yes I heard it but she is going um your voice goes in and out so

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maybe stay as close to the mic as possible Ms. Quigley

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Ms. Quigley have you emailed an exhibit packet with the required documents proof of ownership

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proof of tax compliance copies of refusal or referral photos and plans five days prior to

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this hearing? Yes, I did. Have you met with the RCO and have a letter? Yes. Thank you. Please

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proceed. Yes. Good evening, Chairman DiCicco and members of the board. My name is Eileen Quigley.

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I'm here on behalf of the applicant. With me are Sister Kathleen Kahl, Executive Director,

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and Brendel McCaffey, who is an Assistant Residential Coordinator, as well as Mary

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DeFusco, who is one of the co-founders of this nonprofit and President of the Board of Directors.

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As noted, we are here today seeking a special exception for use of the property at 75 East Logan as group living.

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The property lies in the RSA 2 zoning district, which permits group living by special exception.

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The property is owned and used by the nonprofit to provide services for women who are victims of human trafficking.

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While the women are self-sustaining and can care for themselves, the women residents will live as a group and all are participants in the program provided by the nonprofit.

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Currently, the property, it's an existing house and it has three residents, but we are seeking a special exception to allow for one more woman to reside in this existing house for a total of four women living as a group as they move through the program.

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As I said, it's a four-bedroom house.

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Each resident will have their own bedroom.

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They also will share the kitchen and common areas and they do not pay rent, more in keeping with a group living scenario.

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To be clear and pursuant to the zoning code, the proposed use is not a single room residence, which is also referred to as a rooming house, nor is it a personal care home where residents require, among other things, personal assistance and or supervision, for example, a long term care facility.

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We believe that this application meets the criteria for grant of a special exception is set forth in Title 143037 and it will not cause specific detrimental impacts to the neighborhood beyond that which would normally be expected from the proposed use.

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I would ask to have Sister Kathleen come on.

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Ms. Quigley, as it relates to the proviso on the temporary variance, is there a lease in place for this?

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No, the operators, they own and operate the house for trafficked women, so there is no lease.

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And obviously, we would not want a limitation on the time for the special exception.

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That's the proviso that the community is seeking.

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That's one of the community groups.

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The other community group, which was a coordinating RCO, and I see Ms. McKelvey's here, they did not ask for that proviso.

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So we did tell Ms. McKelvey at the community meeting that if there were any additional women that we were going to add as a resident, we would come back to the community group.

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And if there were any changes to the exterior of the building, any changes to the property, we would come back to the community group.

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Obviously, this is just for use. There are no improvements that are proposed here.

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But again, that was just one community group, and we would ask that we don't have a limitation.

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Thank you for clearing that up. Ms. McKelvey, please spell your first and last name and I'll

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swear you in. My name's Rosalind McKelvey, R-O-S-A-L-I-N-D, McKelvey, M-C-K-E-L-V as in Victor, E-Y.

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

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Yes, sir. Thank you. Ms. Quigley?

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Yes, Ms. McKelvey, we were at the community meeting. We did agree on behalf of the applicant

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that we would put in a letter, which I have to get to you, that if there were any changes to the

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building or any new residents we were going to add beyond this one woman that we're seeking

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for the special exception tonight for the group living, that we would come back to the community

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group, correct? Correct. And that the proviso was not, is only specific.

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And that the proviso was not, is only specific to the solo RCO and that the coordinating RCO is not requesting any time limitation on the special exception. Is that correct?

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Yes, there were four RCOs. There was Faith, LLC, 12th Ward Division, Wakefield 49ers, and Solo. We went through the neighbors. We asked the neighbors, and they approved of it. No one had any problem with it. They've been stellar neighbors, quiet. We don't even know they're there.

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solo asked for proviso and we said we weren't asking for one and then they asked for one for

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a time variant first they asked for it for a transfer of owner and we said we're not asking

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for proviso but they said they'll send us a letter which ms quigley has emailed to me and said that

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if they sell the property they would not ask for the change in variant to go along with the property

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then I was asked that it had to have a time in fact that we didn't ask for the proviso

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the time factor is not something that the near neighbors have asked for all near neighbors

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approve there is no objections excuse me this is Sharon if I can interrupt for a minute

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um Ms. Wise Solo originally asked for the um for the approval the special exception to be

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contingent on ownership I let her know that the board cannot make an approval contingent on

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ownership, that it runs with the land, that you can, in certain instances, do a temporary variance.

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I did not take a position on that, but just told her that you cannot do it on ownership, based on

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ownership. And possibly, if I could add to that, when we had the neighbors, we met. We have many

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with health factors, stage four cancer, neighbors that are elderly. So when we met with them,

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the outcome of the meeting is as stated in our summary that we did send in that was no opposition

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it was of actual support and they're members of our neighborhood organization always help always

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donate so for a change it to be for them to have a mandate or proviso wanted of uh time that was

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not part of the neighborhood near neighborhood meeting that's solely on solo that was not part

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of the neighborhood meeting thank you miss mcculvey thank you all right um any questions from the

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board no no anyone else to testify in this case if so please raise your hand may i have sister

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kathleen adopt the testimony oh i'm sorry my apologies i got ahead of myself please do

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miss mckelvey if you're still there sister kathleen sister kathleen can you raise your

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hand, please, so they can. I'm physically voicing my hand. Yes. Good evening, Chairman and members of the board. I am Sister Kathleen Cole. Sister, excuse me, your last name is spelled? C-O-L-L.

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Miss Quigley. Yes, Sister Kathleen, you heard my testimony regarding this application? Yes, I did.

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And do you agree that the testimony was accurate, sister?

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Yes, I do agree.

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And sister, if you were able to testify, would you adopt my testimony as your own if you had the opportunity to testify?

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Absolutely, yes.

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Thank you.

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Thank you.

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Thank you.

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Anyone else to testify in this case?

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Please raise your hand.

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Chair, we have Allison Weiss.

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Please unmute yourself and wait for the chair.

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Ms. Weiss, please spell your name and I'll swear you in.

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a allison a-l-l-i-s-o-n weiss w-e-i-s-s solo germantown civic association and i just

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swear or firm to tell the truth the whole truth nothing but the truth yes please proceed thank

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you um i just wanted to say we we have no concerns with this present uh organization and owner our

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issue was for the future. If there should be some change, the community wanted some protection

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from the next owner and use. So that is why we proposed the 10-year temporary

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proviso for the special exception. Anyone else to testify?

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yes chair we have charles richardson good evening mr richardson you are still on their oath just

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identify yourself with the record uh good mr chair charles richardson from the office of

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councilwoman cindy bass room 312 city hall the councilwoman uh

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you're breaking up Charles the councilwoman and then we lost you can you hear me now yes okay

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You're breaking up.

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councilwoman does support the granting of the special exception without any restrictions on

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the uh time limit thank you very much anyone else

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i see no more hands share thank you planning commission

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sir ron bednar city planning properties indicated for residential use on the city plan or adopt

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the district plan recommends no change to the existing residential single family zoning at

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this location in 1997 it was converted to a convent ellen i treated the convent use

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the same as a single-family dwelling. Therefore, technically, there's no approved group living

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prior use in this building. The structure is listed on the historic register. Our adopted

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Upper Northwest District Plan explicitly recommends against granting SRO uses in

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eastern germantown where there are they are mostly concentrated therefore we recommended

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the special exception not be granted ron what it was approved as a convent is it safe to say that

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there was more than one person living there at that time well again you know it was um treated

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as L&I as home. So we don't, we, you know, it was really never in the record that it was

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that use. This is all about, I think, I think the issue of the future is important here.

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This property, this decision will run with the land. And that could actually be a use

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or a problem as we go forward. If I may just show a photo of the,

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share my screen and show a photo.

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Ms. Quigley, I think we're okay.

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I just wanted to get that on the record.

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And even no matter what,

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if we were to put a temporary variance on it

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as 10 years is being suggested,

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if it's sold in five years,

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it's still going to be with the property

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for the next five.

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So I think we all understand what's going on.

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Right, it's a very narrow request.

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Yeah, understood, thank you.

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All right, MI 2021-002646.

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75 East Logan Street.

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My vote is yes.

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Professor Plaza, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Thank you all.

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Thank you, Madam Mr. Quigley.

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Thank you.

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I believe this concludes the 330 list.

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Is there anyone who feels that they have not been recognized?

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i see no hands chair thank you any unfinished business

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staff uh tanya anyone i care if i can just add to what everyone else has said

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now i'll start to cry so go ahead

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no need to cry but thank you listen hey frank

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that was easier for me thank you if i may frank um you know real quick you know no

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don't want to shed any tears you know well i'll make it quick you you you were simply awesome

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in this position uh you were you were a true professional your uh your your your common

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sense went a long way you you your judgments that you used and you know i mean it just you did a

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fabulous job you know you you have a lot of fans out there yeah you might have might have one

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detractor but but uh but but you know he's crazy you did a hell of a job trust me there's more than

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one detractor no no frank you did great and uh you know the city is lucky to was lucky to have

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you you know and the mayor was lucky to have you work for for this board and uh you made this board

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that much better yeah great to know you yeah i appreciate it as i said it's a team effort you

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know i have to be the chair but it's a team effort all the way around planning commission staff

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everybody you know who you are and i always say that people behind the scenes and i mentioned

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this this morning for those of you of you who may not heard it uh people have a bad opinion of

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public employees they have no idea as to the hard work that goes into what you do and the passion

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that you have for the city to make things right so i want to thank all of you for allowing me to

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for allowing me to be the chair and supporting me through these almost five years now.

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be the chair and supporting me through the

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And our paths will cross. I'm not going away. I'm still living where I'm living now.

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The only difference is people will not be knocking on my door asking me for favors with zoning matters.

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I think, I think.

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I'm set on it.

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If I could share, we have a lot of fanfare going on in the Q&A.

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Eileen Quigley, Steve Bertil, and others have wanted to just give you their kudos for the

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wonderful job you did and how professional you are. Look, I'm not even talking for myself,

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but I'm getting emotional. I have truly been blessed by being in your presence and working

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with you. My job is so difficult, but you made it so much easier, and I appreciate that. So I'm

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stop before i start to cry thank you thank you thank you for stopping please don't leave me out

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much but can you hear me yes now i agree with what everybody uh said

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and uh i will truly miss you i think you're a wonderful leader of a team and god bless you

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and here you go

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we'll get together soon okay Frank

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thank you Tom and thank you for your support

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as well

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I see David are you waiting

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to say something David

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Mr. DiCicco

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you know I've been working here for

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geez at the city for about 14 years

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right

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when you were a councilman and now

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so I'm going to echo everything everyone else

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says I couldn't say it any better

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you're a terrific guy to work with you really are

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Thank you very much. I appreciate that immensely. And I mean that sincerely. Thank you.

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All right. By the way, you know, Bill Bergman is becoming he'll be coming in, I guess, in two weeks.

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There's no hearing next week. He's a great guy. You're going to get you're going to like him.

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He's a very mild mannered person. And I think he's going to do well with you folks.

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And I know and I've told this to Bill and I'll tell him again, without you guys, nothing gets done.

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and we do appreciate that and he understands that as well thank you all stay safe have a happy

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thanksgiving holiday season and i'm sure our pairs will cause i'm not going away i'm just

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retiring from this job for a while right thank you all god bless everybody thank you

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god bless you have a good night

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Thank you.

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