civus
Hearing video

ZBA Hearing - December 6, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 6, 20234h 7m

but none

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But as you can see from the other side of the block, it's quite prevalent in this area.

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Here are the plans. You can see these are pictures of the existing conditions. So all of these joists,

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they were rotten and needed to be repaired. So they have undertaken the repair just for safety

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purposes, but have stopped once the violation was received. This here is the area in question.

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It does span from the basement to the second floor of this property, and once again, was in this condition when purchased.

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Here's our application for appeal.

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Our project information.

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A meeting was held on November 15th with the South Kensington Community Partners RCO.

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And as stated, they have voted to support our project. Here are certificates of mailing to,

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I believe, 133 nearby neighbors. Here is our letter.

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letter, once again, evidencing SKCP's support of this variance request.

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And then as Chair Bergman stated, we have a number of letters of support from nearby

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neighbors, photos of the zoning posters at the property.

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You can also see that the violation issued has also been in the window since it was issued.

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And then lastly,

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once again, I was unable to pull a tax clearance certificate from the system. I'm unsure why,

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But here is a printout from the tax center showing that all taxes on the property have been paid.

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At this time, if I may, ask John Carley to raise his hand to just adopt my testimony.

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Mr. Shokalov, can I ask one question?

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Do you have a picture of the back of the property?

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I do not.

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Not directly.

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You mean a current picture?

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Yeah.

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What's the back of it look like?

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No, I'm sorry, Chair.

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the best picture google images doesn't allow you to take you know can't go from the back

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yes okay it only knows the frontage what i can do is try to give you a better idea of

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what it looks like from the inside if that helps

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that's the back of it there that is the back of it yes okay all right thank you

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Jonathan Carley is able to speak sir could you state your name please and spell for the court

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stenographer yes my name is Jonathan Carley a-a-r-l-e-y right do you swear or affirm to

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tell the truth the whole truth and nothing but the truth I do proceed counsel thank you good

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afternoon Mr. Carley good afternoon um you've listened to my presentation here today correct

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And you are a member of Palmer Places LLC, correct?

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That's correct.

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And that consists of just two members, you and your wife, correct?

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That's correct.

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Okay.

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And would you adopt my testimony as your own?

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I do.

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And is there anything else you would like to add as your testimony for the board to consider?

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Nothing further to add.

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Okay.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon.

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David Fechter with the City Planning Commission.

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Chair and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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The proposed variance appears to be a documentation of an existing condition.

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The property sits within a row of unusually small lots, all approximately 480 square feet.

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The City Planning Commission recommends the Board grant their proposed dimensional variance from the required rear yard standard in the zoning code.

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Thank you. MI 2023-004-617-155 West Palmer, I vote yes.

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155 West Palmer. I vote yes. Thomas Holliman, my vote is yes.

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Thomas Holloman.

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James Snell, my vote is yes. Ishmael Shaheed, my vote is yes. Thank you, counsel. Thank you very

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much. That concludes my business. Thank you. Yes. Number 11, MI 2023-004-878-2042-52 South 56th

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Street. Letter of support from the Southwest Philadelphia District Services.

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Leonard Altieri is the attorney.

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He's coming back in as a panelist. Thank you.

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Good afternoon, counsel. Could you state your name, please, and spell for the court stenographer?

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Good afternoon, Mr. Chairman and members of the board. My name is Leonard, L-E-O-N-A-R-D.

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Altieri, A-L-T-I-E-R-I, with the law firm of Claire Harrison.

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Thank you. 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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But do you identify your client, the relationship to the property?

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Yes, sir. My client is Philadelphia Storage Solution LLC, and they are the owner of the

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property located at 2042-52 South 56th Street.

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Our vice chair has just a few questions for you, sir.

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good afternoon counsel do you agree to waive the reading of the refusal and stipulate to its

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accuracy i do have you emailed in all the required documents and exhibits that is needed

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and required to proceed with this case five days in advance of this hearing i did thank you please

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proceed and share your screen thank you very much

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can you see the screen mr chairman we can all right perfect so as i said my name is leonard

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altieri i'm an associate the law firm of claire harrison representing uh the owner of the property

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philadelphia storage solution for the property located at 2042-52 south 56th street the property

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is a former factory and is located in the I2 zoning district, which my client has redeveloped

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as a storage facility, more specifically extra space storage, which is permitted by the zoning

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code. We are here today to seek a variance for the installation of one illuminated wall sign

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to extend above the second floor windowsill in connection with that extra space storage.

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I have with me today, and I'll call them later, Israel Friedman from Prime Space Capital and

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Michelle Forres, who's a senior project manager on behalf of the signed designer.

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As I noted, the property is located at 2042 52 South 56th Street. It's a former factory,

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which is located right here, basically at the intersection of South 56th Street. And this is

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Paschel Ave right here. This is a view of the factory prior to my client taking ownership,

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showing it from South 56th Street. Again, here is another view. And then what it looks like today

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with the extra space storage facility being constructed.

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As noted and as stated in their refusal,

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we're seeking a variance for the flat illuminated sign

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to extend above the second floor windowsill.

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And better visual of that is basically right here with the signage plan.

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So we have the second floor windowsill.

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We're essentially asking for a variance to go up around 8 to 10 feet

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to put in the extra space storage sign right there the applicant seeking this variance for

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the installation of the sign the sign itself is consistent with the national brand of extra space

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storage with regard to both the color the scheme and the layout the sign as i noted will be

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internally illuminated and as part of this application we here's the posting of the zoning

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posters. As part of this application, we did meet with the Southwest Philadelphia District Services

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RCO, where they voted to give us a letter of support. And then I also have, as further exhibits,

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the RCO notice and certificate of service to the different property owners that are part of the

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surrounding area. The denial, excuse me, the proposed sign, as I said, is compliant. We're

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currently here today seeking a variance to install the compliance sign above that second

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floor windowsill. Additionally, the requested relief is the least minimum variance that will

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afford relief under the existing I-2 light industrial zoning district. If granted, this

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variance will not increase congestion in the neighborhood, injure the appropriate use of

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public adjacent properties, or impair adequate supply of light and air to the neighboring

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properties. And if granted, this variance will not alter the essential character of the neighborhood,

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but nor will it be detrimental to the general welfare.

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At this time, Mr. Chairman, if there's no questions for me,

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At this time, Mr. Chairman, if there's no questions for me, I'd like to call my client to adopt my testimony.

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I'd like to call my client to adopt my...

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Do you know what the vote of the board was, counsel?

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I do.

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My understanding is that it was unanimous.

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Okay.

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There was no one who, yeah.

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Thank you.

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So there should be either, it should be either Israel Friedman or Ari Berkelson.

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Okay.

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Ari has been allowed to speak.

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Perfect.

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Hi, could you please state your name and spell for the court stenographer?

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Hi.

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Hi, all.

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My name is Ari Beagleisen.

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So that's A-R-I.

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Beagleisen is B-I-E-G-E-L-E-I-S-E-N.

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Right.

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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, counsel.

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So. Harry, were you on the call when you heard me go through the testimony? Yes. And if you were, was that testimony true and accurate to your knowledge and belief? Yes. And if you were, if I would have called you and asked you to testify, would you have adopted that as your own? Yes. That's all I have for him, Mr. Chairman.

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Okay. Do you want to bring this, your sign person on? I can if there's, I will actually, Michelle Flores. Okay.

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hi could you state your name please and spell for the court stenographer sure my name is michelle

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forys f-o-r-y-s and i'm with parvin klaus sign company right do you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do please proceed counsel michelle were

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you on the call when i went through the testimony i was and was that information true and accurate

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it to the best of your ability absolutely and if i was to call you to testify today would you have

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adopted it yourself i would yes okay that's all i have mr chairman questions from the board

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no mr chairman no chair

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questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon.

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David Vecto with the City Planning Commission.

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Chair and board members, the comprehensive plan recommends no change to the industrial

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to general industrial zoning of this location.

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The appellant seeks to place an illuminated wall sign above the second floor windowsill.

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The proposed building identification sign will not injure the use of adjacent properties,

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and so the city planning commission recommends that the board grant their proposed dimensional

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variance thank you mi 2023 004 878 2042 to 52 south 56th street i vote yes thomas holliman i vote yes

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james now i vote yes ishmael shaheed my vote is yes thank you thank you very much mr chairman

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thank you number 15 mi 2023 004 637 2209 catheter street henry clinton is the attorney

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a letter of support from the south of south neighbors association

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streets department approval received for curb cut

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mr clinton is coming in as a panelist mr clinton if i remember correctly you've already

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you've been sworn today, but could you just state your name for the record? Sure. Henry Clinton,

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H-E-N-R-Y, C-L-I-N-T-O-N. And could you identify your client, the relationship to this property?

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Sure. Waybar, W-A-Y-B-A-R, 2209 LLC. And one of the principals of that LLC is on the call with me,

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Colin Conway, C-O-L-I-N, Conway, C-O-N-W-A-Y. Our vice chair has just a few questions.

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Councilor, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed in all the required documents and exhibits needed and required to proceed

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with this case five days in advance of this hearing?

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Yes.

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Please proceed.

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Share your screen.

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Thank you, Mr. Shahid.

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Is that visible, Mr. Chairman?

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Yes, sir.

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All right.

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Good afternoon, Mr. Chairman, members of the board.

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Again, Henry Clinton on behalf of Waybar 2209 LLC.

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I'm going to present this project, which is a renovation of an existing two-story house.

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We're going to add a third floor and remove one floor in the rear.

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And I'll walk you through the presentation, which contains Exhibits A1 to A10, which I

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through 810 which i asked be admitted into the record refusal uh there's three refusals to relate

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ask to be admitted into the record.

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Refusal, there's

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to the same issue which i will address and one concerns parking so this property on catherine

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street has a small street behind it called fulton street i'll show you aerial photographs

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we propose a parking in the rear of the property it's consistent with some other parking both on

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St. Albans and on Catherine Street, so it's not the first rear parking on the block, and I don't

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think it will be the last. The second two refusals have to do with the setback. This is a proposal

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for a three-story property without the eight-foot setback. My client, as well as I have been before

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Sosnam, on numerous occasions concerning building third floors in the neighborhood, and their

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preferred uh third floor elevation is a mansert roof so that is what we're proposing and it's in

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full line with the community and with the vote and i can go through some of the changes that we've

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made to make it compliant with the community's wishes as the chairman related at the outset

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we did appear before sasna and they do have a letter of support both from the board as well

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as from the community. This is the photograph of Catherine Street. It runs westbound and behind

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