civus
Hearing video

ZBA Hearing - August 24, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 24, 20226h 4m

MI 2022

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002

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206

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5111 Baltimore Avenue

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Mr. Clinton again

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and I have here let's see here

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letter of support from Cedar Park

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neighbors

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vote

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one vote was conditioned on a larger yard.

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Mr. Clinton, you've already been sworn.

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Could you identify your client

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and the relationship to this property?

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Sure, Mr. Chairman.

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Good afternoon, or still good morning, rather.

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Mr. Chairman, members of the board,

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Henry Clinton, C-L-I-N-T-O-N.

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My client is Keith Sheed, S-H-E-E-V,

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and he is certainly on the call,

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along with his partner, Sean Thomas, T-H-O-M-A-S.

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All right.

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Our Vice Chair, Calitonieri, has a few questions.

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Hi, Mr. Clinton.

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Again, do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet

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with proof of ownership tax compliance,

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the copy of the refusal or referral,

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photos and or plans of the property

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five days in advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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Yes, to all of the above.

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That's great.

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You may proceed and begin to share your screen.

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Thank you.

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Good morning again, Mr. Chairman, members of the board, Henry Clinton.

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The owner of the property is 4934 Locust Street, LLC.

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The two principals, Keith Shee and Sean Thomas, are both on the call today.

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Again, this is the table of contents, which I ask to be admitted into evidence.

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Exhibits AA through A11.

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appearance statement refusal. This is an RSA 3 zoning district, and we're asking for a three

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Appearance statement, refusal.

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This is an RSA.

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family dwelling in this property, which is consistent with other uses on the block. As

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I'll show the panel or the board as we move through the presentation, there are other properties on

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this side of the street, Baltimore Avenue, which is really known historically as a commercial

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corridor, but there are other properties on the same side of the street that are multifamily

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and I'll show the panel and board

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as we move through this presentation.

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The refusals concern open space and rear yard and parking.

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There is no parking in multifamily,

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even though this is zoned RSA 3.

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And you'll see from aerial photographs,

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I'll present to the board that there is no parking

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on any of the properties on this side of the street.

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This is a letter of support from Cedar Park neighbors

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as Mr. Chairman alluded to earlier.

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This is their letter of rationale.

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And here are the plans.

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So this is Baltimore Avenue,

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right on the edge of Penn's campus.

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And basically there are four other multifamily homes

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on this block already.

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And you'll see when I get to the zoning map,

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it's a blend of commercial

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and residential zoning districts.

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There's even a cafe and a childcare facility on this block.

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This is the subject property right here. You'll see from the detailed drawings by an architect that he tried to mirror the front porches and the second floor bays.

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And I think when you see it, you'll be impressed with his opportunity to try to match what is existing homes in context.

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Again, some other photographs to give the board perspective of this vacant lot.

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again, I couldn't tell from zoning records how long it's been vacant. My understanding is it's

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been vacant for at least a decade. There's just some photographs in the back. So here are the

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plans. I'll start off with the site plan. Again, a proposed three-story house. You can see on the

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front, we do have a protruding bay. We also have a setback on the third floor with a pilot house

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on the third floor. Here is the rendering of the first floor. This is the first floor porch,

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second floor protruding bay with nice detail trim, shadow boxes to match existing properties

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on the block. Third floor is set back. We have detailed cornice work, not only on the bay,

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but also on the third floor. And the pilot house is not visible at all from the Baltimore Avenue.

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This is the floor plan. Basically, these are going to be condominiums, which the community

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group was pleased with because they want more home ownership in the neighborhood. Basically,

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three condominiums first floor basement second floor and third floor with ample bedrooms and

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bathrooms throughout give you a perspective of the house to the east again trying to mimic what

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is there keeping in context with the neighborhood again this was well received by the community group

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the remaining records are the pro forma tax certifications or application and i wanted to

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show the board the zoning map. For contextual purposes, this is the subject lot. The depths

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of the lots are about the same, but you can see close on the west, one away, the CMX2

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as well as on the corner and behind is RM1 on Webster Street.

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These are the zoning records, which I mentioned earlier.

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So on the corner, 5101 Baltimore Avenue, there's four rental units, 5105, 2, 5107 child care

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facility 5119 for dwelling units and 5121 Baltimore Avenue sidewalk cafe and these are the supporting

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documents concerning the summary that I just gave to the board so in summary I'd like to mention

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that this is a unique situation in that the lot has been vacant for a while. There's a mix of

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multifamily on the block already, as well as commercial. None of the properties on this side

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of the street have parking. There's nowhere to park. There's no curb cuts to enter upon.

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half parking there's nowhere to park there's no curb cuts to enter upon any lot and park

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we're not affecting any light or air or the development of any adjacent properties

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and we have a documented history of multi-family use on this block with that i would like to

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ask my client to unmute himself dot my testimony as well as entertain any questions

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from the board

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or from the planning commission

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could you state your name please

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and spell for the court reporter

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can you please unmute yourself

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can you hear me

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yes could you state your name

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and spell for the court reporter

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Keith Shee

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K E I T H

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S H E

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C-E-D.

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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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Yes.

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Mr. Clinton.

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Good afternoon, Mr. Sheed.

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Are you one of the two principals of the LLC, which owns this property, 5111 Baltimore Avenue?

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Yes.

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And were you on the call when I presented the project?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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thank you mr sheen questions from the board no mr chairman no mr chairman no mr chairman

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questions or comments from the virtual audience

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chair i've seen no heads at this time planning commission thank you chair bergman members of

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the board the comprehensive plan recommends a zoning map change from rsa3 to rm1 on this block

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face to recognize the surrounding context of multi-family use of these buildings the proposed

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use and dimensions conform to the recommended zoning district and so the city planning commission

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recommends that the board grant this variance thank you mi2022-002-206-5111 baltimore avenue

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i vote yes carol tenere my vote is yes thomas holomon my vote is yes

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jane snell my vote is yes ishmael shaheed my vote is yes

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thank you mr clinton thank you mr chairman members of the board have a great day

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you too number 13 mi 2022 201 989 8417 chippewa jay jay fischel is the attorney

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uh chairman as you wish to we have case number four attorney available whenever you choose yeah

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we'll try to fit him right

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letter of non-opposition

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from the Roxburgh Civic Association

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although I

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do believe we have letter of complaint

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from a neighbor

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Council Feinshaw

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Chair, Mr. Donis

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coming back in as a panelist now

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excuse me

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Mr. Chair. Mr. Dunn is the neighbor. Jay Feischel is the attorney. He should be the one

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that's coming in as a panelist. Mr. Feischel just rose his hand. He's coming back in as a

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panelists now. Okay, thank you. Good morning, counsel. Could you state your name and spell

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please for the court reporter. Can you hear us? Can you hear me? I can hear you. Okay.

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State your name and spell for the court reporter. I don't know why I am. Could you state your name

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and spell for the court reporter? Start my video. Okay. My name is Jay Feinshill. I'm an attorney

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for Mr. Mathis, J-A-Y, F as in Frank, E-I-N, S-C-H-I-L. All right. Do you swear for him to

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tell the truth, the whole truth, and nothing but the truth? I do. Proceed. While you've identified

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your client, he's the owner of the property? Yes, he is. Okay. And our vice chair has a few

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questions. Sure. Certainly. Hi. Good morning. Do you agree to waive the reading of the refusal

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and stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of

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ownership tax compliance a copy of the refusal 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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i did okay great you may proceed and begin to share your screen uh thank you

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Okay, great. You may proceed and begin to share your screen.

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Thank you. Forgive me. I cannot share my screen. I don't have the necessary skills, but I've submitted my package well in advance. It includes a lot of photographs, including photographs of the shed that is the subject of the controversy here. Mr. Mathis owns a residence in the upper...

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Wait, wait, wait. Wait a minute. Tiny, do we have the ability to show his package?

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No, not at this time, Chair. Okay.

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Council, we have to have a package to be able to put on the screen that we here. Here's what I

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want you to do. I want you to get a hold of the office and they'll give you some instructions,

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but you're going to have to have to be able to present it to us. We just can't go on without it.

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uh should we postpone the hearing that's what i'm saying well we're going to continue the case

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okay we'll be in touch with you when the when the case is coming back but if you have any

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questions on how to do this there's people in the office who are will be able to tell you what to do

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okay okay my apologies no no that's okay i'm a retired district attorney not i don't appear

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much in front of you. Well, it's a different client you have here. So anyway, the case is

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continued. We'll be in touch. Okay. Okay. Thank you very much. All right.

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All right. Tanya, let's go back. Sure. Chair, check case number four. Okay.

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Okay. MI 2022, 001-760-5514 Lansdale Avenue. Joseph Consul is the attorney.

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Recommendation of support from Hestonville RCO.

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Chair, Mr. Consul is coming back in as a panelist now.

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Hi, Mr. Consul. Could you state your name and spell for the court reporter, please?

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Good morning, Chair. Good morning, Board. Joseph Consul, J-O-S-E-P-H, C-O-N-S-O-L-E.

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

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I do.

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Could you identify your client in relationship to the property?

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Yeah, my client is 644 Elm Street, LLC. And the representative who at least was on before and is hopefully still on is Max Jablonski.

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Okay. Our vice chair, Carl Tenere, has a few questions.

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Okay.

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Hi, good morning. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and or 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, to all.

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Okay, great. You may proceed and begin to – okay, you did. Share your screen.

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Is my packet up?

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It is.

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All right, thank you. Good morning. Again, Joe Consul here for 644 Elm Street, LLC.

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The property we're here for is 5514 Lansdowne Avenue. I want to just show you what it looks like in the sense that it is a sore thumb in the middle of the block there, but that's the property that we're here for.

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The property has been approved and operating as a commercial space on the first floor with two residential units on the second floor.

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And that was most recently licensed in 2013, although it lost its licensure when it was rezoned.

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And now we're back seeking an approval for what has been approved as far back as the zoning records go.

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This approval has been on the books.

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So here's our refusals for a commercial space with two residential spaces above it.

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We have a letter of support from the local RCO, Hestonville RCO.

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Unanimous support.

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Not a huge amount, but it's unanimous.

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