civus
Hearing video

ZBA Hearing - November 17, 2021

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

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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