civus
Hearing video

ZBA Hearing - September 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 20, 20235h 43m

CHAIR, WE HAVE 12 ATTENDEES.

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YOU CAN PROCEED AS YOU WISH.

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BILL BERGMAN, I WILL BE CHAIRING THIS MORNING'S EBA HEARINGS.

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Before we start, we want to take just a moment of silence for Joanne Epps, Temple's great president and former dean of the law school.

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She's just affected so many people in the city, suddenly died yesterday.

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So we're going to just take 60 seconds of a moment of silence.

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Thank you.

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Thank you.

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With me today is our Vice Chair, Ismail Shaheed.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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Also here is Hillary Emerson, our Attorney, and our Executive Director, Tanya Sunkit.

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Here's our virtual format.

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Be advised, the proceedings are being recorded.

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a video will be available by contacting tanyasunkett at phila.gov. For the benefit of

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our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star nine to raise your hand

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and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

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and the address of the property in question.

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And finally, the question and answer box on the screen

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is not for comments or testimony.

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All comments are directed to our Executive Director,

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Tanya Sunder.

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Let's look at today's schedule for continuances.

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MI 2023-001-348-4704 Wayne Avenue.

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That case is continued.

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Number eight, MI 2021-004-387-6809 Woodland Avenue. That case is continued. Mark must be tried.

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Number nine, MI 2023-001-349-4706 Wayne Avenue. That case is continued.

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And number 12, MI-2023-001-368-1623, North 33rd Street.

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That case is continued.

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Are there any comments relative to the four cases that have been continued?

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Good morning, Chair.

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This is Doreen Blakey, and I will be your co-host today.

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Thank you, Doreen.

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You're welcome.

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I see no hands.

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Are there any other requests for continuances?

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I have a hand up from Scott Miller. I will allow him to speak.

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Okay.

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Can you please unmute?

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Yes. And following the chairman's kind remembrance, I actually knew Joanne Epps and had a lot of conversations.

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she's the same age as i am so yeah i'm just kind of on shaky grounds here but i'm sure for the

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benefit of everybody that may be listening in little known fact that joanne when she was in

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high school was voted the i guess it's still okay to say that the most attractive uh lady in the

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class so i used to kid her about that she she i think you could say that could you state your

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name, please, and spell for the court stenographer. My name is Scott Miller. I'm an attorney in the

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county. Mr. Miller, just for the record, could you spell your name for the court stenographer?

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Well, M-I-L-L-E-R. All right. And do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth? I so affirm and swear. All right. What case? I'm appearing on the

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council for the applicant on the property at 33rd street it's uh calendar number mi 2023 dash

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00 1368 right and uh my the property is owned by two clients one of them is a very confident

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architect the other one was supposed to have uh taken care of some of the preliminary matters

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here today and i can unfortunately state that neither the community group outreach the

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uh stirbury mansion development group nor the posting are compliant from my point of view

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and i would respectfully request that we yeah that's right that case that that case has already

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been continued mr miller let's continue all right thank you well thank you for my business thank you

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All right. Thank you. Thank you for your comments. We appreciate it.

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for your comments we appreciate my business

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And my business here is finished. Thank you, sirs.

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Is there anyone else with a request for continuance?

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Yes, Chair. I have Vern Anastasio with the hand up, and I will allow him to speak.

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Good morning, Vern.

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Good morning, Mr. Chair.

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

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Sure. It's Vern Anastasio, V-E-R-N, last name A-N-A-S-T-A-S-I-O.

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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, sir.

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Case number?

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I'm looking at 4825A Street, A as in apple.

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Right.

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I'd like to withdraw the case.

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Oh, okay.

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Okay.

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Fine.

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Thank you.

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Thank you.

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So number five, MI 2022-007-572-4825A Street.

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That case has been withdrawn.

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Any other requests for continuances or withdrawals?

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Yes, Christopher Brown has a hand up and Charles Richardson.

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I will give Christopher Brown, allow him to speak.

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Mr. Brown, could you state your name, please, and spell for the court?

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My name is Christopher Brown, C-H-R-I-S-T-O-P-H-E-R-B-R-O-W-N.

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I would like to withdraw my application.

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Hold on.

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Hold on one minute.

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

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Yes, I do.

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In your case, it's 7030 North Broad Street?

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Yes.

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And you're going to withdraw?

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Yes, sir.

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Thank you for taking the time to call us.

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We appreciate it.

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So, number four, MI-2022-005-929-7030 North Broad Street, that case has been withdrawn. Thank you, sir.

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Okay, I have just a few cases here.

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Excuse me, Chair. I have Charles Richardson with a hand up.

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Oh, sure.

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He's been allowed to speak.

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Morning, Mr. Richardson. Could you state your name, please, for the record?

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All right, now I'm unmuted. Charles Richardson, Office of Councilwoman Cindy Bass, R-I-C-H-A-R-D-S-O-N, Room 508 City Hall.

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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, sir.

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Please proceed.

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Had a question with regard to 547 High Street, and I don't know whether you might have gotten any materials. There's no meeting that has taken place as yet with the RCO.

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I didn't have all those yet. Let me see here.

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What number is that? Number two. Number two on the list, Mr. Chair.

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So. So I have that listed as no exhibit second listing. I'm going to call that shortly.

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Great. OK, thank you, Mr. Chair. Sure, sure.

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Okay. Let's go to number two. MI 2022-005-923-547 High Street. Listing owner is Anthony Green. No exhibits. This is the second listing. No one's appeared at the first listing. Mark must be heard. Mr. Green.

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Anthony green if you're in the audience can you please raise your hand

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no handshare thank you so MI 2022 005 923 547 high street

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second list and no one's appeared at the first we have no exhibits I vote to dismiss

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Thomas Holloman, I vote to dismiss.

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Ishmael Shaheem, my vote is to dismiss.

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Thank you.

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And number 11, MI 2023 001 369 1432 Sterling Street, no exhibits first listing.

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Owner is Maria Palantino

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Maria Palantino

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Palantino

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Okay, thank you

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We don't see her?

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No, she's not in the audience

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Okay, thank you

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So MI 2023

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001 369 1432 Sterling Street

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This case is continued

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mark must be tried.

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And number one, MI 2022-006-112-4226.

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0 0 6 1 1 2 42 26 otter street this case has been withdrawn it's a withdrawal

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all right we're going to go to our add-on case mi 2022 003 075 2050 welsh road i vote no

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Thomas Holloman

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my vote is no

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Ishmael Shaheed

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my vote is no

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thank you

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we're going to go to our regular list

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we're going to hear two cases together

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number 3 and number 13

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number 3 is

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MI 2023

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001 377

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1829 Diamond Street

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and number 13

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is

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MI 2023-001-370-1825 Diamond Street.

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Henry Clinton is the attorney for both these cases.

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There is a letter of strong support from the 32nd Ward RCO for both cases.

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Mr. Clinton.

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Morning, Mr. Chairman.

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Henry Clinton is promoted.

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Thank you.

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Mr. Clinton, could you, and you're okay with hearing both these at the same time, right?

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Absolutely.

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Could you state your name for the record, please?

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Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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Right.

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

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I do.

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Could you please identify your client, the relationship to the both properties?

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Sure.

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My client is Jerry Boyce and Pete McElholt.

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And Pete McElholt is not on the call, but Jerry Boyce is.

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B-O-Y-C-E.

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Right.

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

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Good morning, counsel. 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 in all the required documents and exhibits that are needed and required to proceed with this case five days in advance of this hearing?

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I did for the majority of the documents. Within the last couple of days, I sent in the tax compliance documentation.

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and today I also have historical commission approval documents included in the package

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that were not there five days ago. Thank you Mr. Clinton. Please proceed and share your screen.

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Mr. Clinton this is Hillary. Is the owner the your client that you reference is that the same

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for both properties because each of them has a different listed owner on the deed? Yes. Okay so

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the same principle for both of the llc's right it would be jerry boyce v-o-y-c-e and pete mckelhill

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m-c-e-l-h-i-l-l okay thank you thank you miss emerson

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Mr. Chairman, can you see my coverage?

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We can, sir.

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So as Chairman suggested, we're going to hear both cases together, and I'm going to do the presentation for 1825 Diamond, Mr. Chairman.

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And then after that, I'll just ask that that be adopted as the same testimony for 1829.

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Would that be acceptable?

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It would be.

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Good.

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Good morning again, Mr. Chairman.

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Henry Clinton, on behalf of 1825 Diamond, R-E-L-L-C, principal of which is Gerald Boyce, who is on the call, as well as Pete McElhill, whose name I just spelled.

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This is my table of contents for the presentation today, containing Exhibits A1 through A11, as well as the Historical Commission approval, which I ask to be admitted into the record for 1825 as well as 1829.

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The refusal for both properties, and when I reference both properties, I do mean 1825 and 1829 Diamond Street.

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Refusals are the same.

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The request is for six dwelling units in an existing structure.

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And the refusal is one for lot area because it is zoned RM1.

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The multifamily is permitted.

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And we're a mere 80 feet or so off the require for a buy-right project.

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And the other refusal is for parking spaces.

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And as I'll show the board, there are other multifamily properties on this block with units in excess of six.

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none of which have off-street parking.

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We do have a letter, and Mr. Chairman, you mentioned at the outset,

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it is one of strong support from the neighborhood community group.

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And again, not reading into it, but I think one of the reasons was

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The reasons were, was because of the facades that these both buildings have.

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