civus
Hearing video

ZBA Hearing - August 11, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 11, 20201h 34m

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 board secretary, Mr. Confessor Plaza,

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and our board member, Mr. Thomas Holloman.

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Our vice chair might be joining us a little bit later on in this hearing.

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We're also joined by our board administrator, Ms. Tanya Sunkett,

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and our board's attorney, Ms. Sharon Saleta, as well.

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For those of you who have not yet participated in one of our virtual hearings, I will go through some of the basics of what you can expect.

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First, beginning this morning's session by reading a list of cases to be continued.

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If you believe any case is being continued in error, we will give you an opportunity to respond.

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After reading the continuance list and receiving any feedback, we will take any additional continuance requests.

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Then, once we've confirmed which hearings are being continued, myself will begin calling the remaining cases listed for this session, or our secretary will call those names off as well.

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uh when a case is called we ask that attorneys representing applicants or other interested

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parties in the matter identify themselves for the record we will then hear the applicant's

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presentation followed by any presentation by attorneys representing other parties

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interested parties and members of the members of the public not represented by counsel will then

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be given an opportunity to testify we will finally hear the recommendation of the planning commission

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At the hearing's conclusion, we will either vote the matter out immediately or hold it for discussion in executive session.

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Any case for discussion will be voted on at the next scheduled Wednesday session at 9.30 a.m.

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Please note the following changes related to the virtual format.

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

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

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identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded.

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it. Fourth, anyone participating by phone, if you wish to testify, you must raise your hand by hitting

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star nine and then star six to unmute yourself. Again, if you're participating by phone and wish

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to testify, hit star nine and then star six to unmute yourself. Finally, to enter an appearance,

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excuse me. Finally, to enter an appearance statement, call Google number 267-270-5548.

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That number again is pound 267-270-5548 and leave your email address and the address of the property

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at issue. With that being said, we can begin. But before we call our first case, we'd like to

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announce that the following matters are being continued. Tanya and with Sharon, could you help

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me with that? I somehow misplaced that list. I got it, Frank. You want me to read it?

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please read it off. Okay. Calendar number 39475-130 North 5th Street. Calendar number 39414-2100

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Benson Street. Calendar number 39490-2315 Catherine Street. Calendar number 39444-2632

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Webster Street, calendar number 39620-3676 Indian Queen Lane, calendar number 39420-718

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South 18th Street, and calendar number 842-354 Red Line Road is also continuing.

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Thank you.

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Is there anyone who believes a case is being continued in error?

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please raise your hand at this time no hands chair thank you are there any

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other requests for continuances or withdrawals please raise your hand at

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this time

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Harry

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carrie um you can unmute yourself and speak thank you good morning uh with respect to the

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continuances excuse me would you please identify yourself spell your name and address spell your

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name and for the stenographer yes uh good morning carrie nace attorney with the law firm of fox

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Rothschild 2000 Market Street Philadelphia PA here with regard to

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matter the address is 2315 Catherine Street which was referenced as a

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continuance do we have a new continuance hearing date for those

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no the date will be mailed out okay great thank you thank you are there any

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other requests for continuances or withdrawals please raise your hand um we have someone else

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let me just see we have another uh continuance that was missed from the list 7404 taurusdale

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um zen jen is here

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then you can unmute yourself

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again please identify yourself for the record

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Xen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103.

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I would like to request a continuance for Toursdale.

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We actually sent in a request, I believe.

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Yes, you did.

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My fault.

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I didn't put it with the list.

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Could you read that calendar number, Tanya, and address it into the record?

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or Jen, you can do it, whatever works. I can do it if you'd like, and it was actually my fault

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that it wasn't included on the list. No problem, no problem. The calendar number is 39476,

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the address 7404 Torresdale Avenue. Thank you, thank you. Any other requests for continuances

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or withdrawals, please raise your hand.

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No hands are up, Chair.

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Thank you, Tanya.

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Confessor, would you please begin with the first case?

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Read the first case.

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Sure.

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Calendar number 39529, 1254 North 19th Street.

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We have Augusta O'Neill, you've been promoted to panelists, you can unmute yourself and

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share your screen as necessary.

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Good morning.

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Good morning.

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Good morning, ma'am.

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Good morning.

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Before you begin, I'm sorry.

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Yeah, confess and then you can query.

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My volume is down.

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Can you hear me now?

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yes okay thank you by your name for the record please sure my first name is augusta a-u-g-u-s-t-a

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my last name is o'neill o apostrophe n e-i-l-l you swear and affirm to tell the truth the whole

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truth and nothing but the truth i do and do you await the reading of its refusal and stipulate

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to its accuracy? I do. Thank you. Before Ms. O'Neill starts, can I say that there is an RCO

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meeting scheduled for this appeal on August 19th. The council person and the RCO have agreed to

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allow the hearing to go forward. I've advised Ms. O'Neill that she will be required to return and

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report the results of the meeting after it is held. Thank you. So noted. Thank you.

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Thank you very much. I'm going to start sharing my screen.

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Good morning, everyone. I'm here this morning with a project for a property located at 1254

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north of 19th Street. This property is bordered by West Thompson Street to the

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north and 19th Street to the east. It is zoned as an RM1. Our proposal is to

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rehabilitate an existing structure on the property. This is the property that

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this is the property that our project is for. Before my client bought this property,

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we're

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there was a store on the first floor and a residential unit above.

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As you can see from the zoning history, that was also included with our exhibits.

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My client's intention is to take the first floor unit that was used as a store and convert it into

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another residential unit so that there will be two residential units. Our architect David Sumida

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designed the property with a lower level so that the lower level and the first floor of the property

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will be one unit and the second and third floors will be used as another. Presently the property

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has a bulging wall that is bowing out over six inches and my client purchased it after it had

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been vacant for several months with the intention of fixing it up. In a traditional RM1 district,

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we could have built two units by right, but due to the overlay that this property is in,

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we are required to seek the de minimis relief that we are now seeking. In a traditional R1

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district, there must be 350 square feet of lot area per dwelling unit, but in this particular

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overlay, 425 square feet is required for each dwelling unit, and we are only off by less than

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100 square feet. I would submit to you that the intent of the overlay is to curtail excessive

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development, and we believe that by converting this building into a two-unit property, we can

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bring two affordable units to this neighborhood. The surrounding uses in the area are mostly

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multifamily. Pull up some pictures of the surrounding area. Sorry to interrupt. Do you

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have any floor plans? I do. Okay, that'd be helpful. Thank you. I'll just go through some

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pictures of the surrounding properties in this area and they'll bring up the floor plans.

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Let's see.

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Here we go.

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So this is what the lower level and first floor would look like, kitchen, bedroom.

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In the lower level, there would be family room, laundry area, and on the second floor

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and third floor, which is where the other unit would be, you see we have three bedrooms,

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kitchen and dining area, another living space.

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As I said before, this property has always been

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two units. The building itself actually already has

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two separate entrances, which I can show you

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in another picture. There's an entrance here

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and there's another entrance back here. Our proposed use

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would therefore be consistent with the other properties that are already in

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the neighborhood. Just to show the board a proposed rendering, or I'm sorry, a

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rendering. Following the rehabilitation, this is what the property would look

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like. We had also received refusals for our proposed deck and fence.

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trying to find it here we go

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as you can see the deck that we're proposing which would be here

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is not even as far back as the deck of the building that is next door

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as sharon previously mentioned due to the pandemic we were not able to meet with the

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RCO for this property, the Community Land Trust Corporation. They were gracious enough to allow

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us to schedule a meeting with them for August 19th, so I would therefore ask that the board

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hold their vote until after this RCO has had a chance to meet with my client and our project

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architect. However, should the board have any questions this morning, my client and our

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architect are here today and available to answer any questions that you have.

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thank you uh any questions from the board no no anyone else wish to testify if so please raise

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your hand planning commission would like to uh comment i was coming to you i didn't forget you

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this morning believe it or not i want to hear comments from the public first

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no hands up chair thank you planning commission

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yes good morning um this property is indicated for residential use on the city plan given the block

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um this property is indicated for residential use on the city plan given the block pattern

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we have no objection to the grounding of the variance provided that the

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fence code can is in full compliance that relates to the opaque uh fencing height and also um and

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the height thank you thank you so noted and this case is calendar number 39529 1254 north 19th

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street is being held pending a letter from the RCO and a report from the

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attorney regarding the hearing also the record will remain open if any community

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member should wish to speak thank you thank you for clarifying that wonderful

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okay next case thank you very much calendar number three nine four one one two thousand

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south krosky

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zem can you uh unmute yourself um he has to be promoted first um zen you're now promoted

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thank you you can share your screen as you wish also just just give us your name for the record

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but you've already been sworn in so thank you zenjin z-h-e-n-j-i-n uh here on behalf of mr jentien

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mataj the owner of 2000 kroski do you agree to waive the reading of his refusal and stipulate

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to attack your scene i do thank you i'm going to go ahead and share the uh to the board the

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information relating to this case.

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So this is a property in a CMX2 commercial district. My client acquired

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the property and was in process of renovating it. The key item here is that

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in CMX2 commercial district, you're required to have 30 feet deep commercial space on the first

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floor. I'm going to go ahead and jump to the plan as I think it'll be easier to see

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what I'm going to be representing on this through the plans itself. Essentially,

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my client's property, I'm sorry, let me shrink that down a little bit.

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my client's property is set up previously with the walls and divisions of the property in place

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and what you have is essentially a small commercial space in the front and a residential

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space towards the back on the first floor and then a residential space on the second floor

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we're actually short by about four and a half feet for the commercial space

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depth but because the stairs here and that's an existing stairwell that is

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built into the space it's very difficult to try to get more space out of the

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commercial portion he actually wants to use the commercial space as his private

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office and then leave the residential space as they are we met with the

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community and obtained support because they're aware of the this corner is not

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a heavy commercial corner so the community did not feel that this is an

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issue to have the proposal. What I'll do is I'll pull up the community letter and

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they actually put a pretty detailed description in here for why they

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supported this application. So again while the community would like to have

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better commercial spaces, this particular corner is really not one that they would

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have any opposition with the adjustment of having an additional residential

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space. So because of the hardship based on the location of the stairway and also

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with the support of the community, we would ask the board's favorable

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discretionary review of this and grant a variance for the refusal before the

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board. I'll be happy to answer any questions. Thank you. Any questions from

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the board? No. Anyone else wish to testify? If so, please raise your hand. My client

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is here or should be here.

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Good. Did your client raise their hand or identify themselves?

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Good. Your client raised their hand or identified themselves.

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Jian Jian, are you there? Can you click raise your hand on the bottom of your Zoom screen?

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Okay. You can unmute yourself and speak.

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Would you get your client to identify his or herself and spell their name for the record?

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Yes, can you please give the board your full name, address, and spell your name for the stenographer, please?

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And remember you have to click the unmute on the screen.

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I think he's still muted.

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Yes.

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Can you click the blue button that says unmute?

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It should be on the right corner of your screen.

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There should be a blue button with mute on it.

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If you click it, it will unmute you.

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All right, you know what, let's proceed.

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You're the attorney, you're under oath, so.

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