civus
Hearing video

ZBA Hearing - September 30, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 30, 20205h 7m

Mr. Ciardi, you heard everything I stated today.

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Yes.

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As well as everything I stated at the earlier hearing.

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that is correct and is it true and correct everything you stated was true and correct

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and to answer the chairman's question i know that 1900 spruce street is a lawyer

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is a law firm um and it still is and i was a little more uh interested in knowing the other

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properties i assume they're not corners the other prop the other six properties are not

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corner properties i don't know the answer to that okay yeah so i actually had the addresses

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mr chairman yeah i meant to take a ride there and i completely forgot i wanted to go do a visual for

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myself but i completely forgot to do so so according to public record the addresses which

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have a commercial component are 1900 spruce street 1911 spruce street 1913 spruce street

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1915 Spruce Street, 1919 Spruce Street, 1925 Spruce Street, and 1929 Spruce Street.

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And I just limited it to the 1900 block.

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I mean, if you look at both sections, you know, there's, and by the way, Mr. Ciardi,

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and I don't remember if I asked you this question, so I'll just ask it again.

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Do you adopt everything I stated today as your own testimony?

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I do.

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Okay.

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Mr. Ciardi, do you have anything to add that I may have missed?

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Look, as I think, as you indicated, I purchased the building to put my firm here.

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We wanted to keep everything in the city.

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We thought with the pandemic, it was easier for us to spread out within the building as opposed to being in one of the high rises.

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so the purpose of what we're doing is to try to put my seven full-time employees really

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spaced over two floors as opposed to squeezing them in on the second floor of the building and

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it really doesn't allow that much room for expansion or you know if I have it but it really

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there's not that many more people I could add I would only have one more floor to add them

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so our use is is pretty light um and i believe we would be good neighbors and we are we are

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i think doing what we need what we're supposed to do and and i'm keeping everybody here um in

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the city where uh i think it benefits everybody and you know had we done i think and i i have to

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you know confirm with my architect but if we couldn't use this for offices and we had to use

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it for residential our use would be much greater because you could get a lot of units in here and

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our use would be much greater because you could get a lot of units in here and potentially there'd

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be more parking issues and right now the only person that parks here is me and I use the garage

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everybody else is on public transportation yeah members of the board if you may remember there

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is an accessory parking garage in the rear just for one you know one space but and and just so

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you look at the pictures i mean this this property actually was profiled in philly mag um you know

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one of the reasons why mr security purchased this is just as a handsome property and he wanted to

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you know again close his legal career in such a beautiful property and expand the use to additional

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floors which you may need but he's this is not uh you know one of these like hack jobs where he's

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trying to you know increase the use to a point where he's just trying to fill it up this is more

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of a boutique property with a boutique law firm in there so thank you okay uh question anyone else

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alan no no no mr chair uh questions from the board no no no okay anyone else wish to testify

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in this case please raise your hand i see a lot of participants i'm going to ask at the onset and

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probably have to repeat it. If you have a comment, please do not continue to repeat the same comments.

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New and different is okay, but please do not repeat the same statements that prior speakers

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may put on the record. Thank you.

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Here we have Constance. Constance, you can unmute yourself and wait to be sworn in.

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I'm here.

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ma'am would you please spell your name for the record first and last name and give us your

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address yes my name is constance cone c-o-n-s-t-a-n-c-e last name cone like an ice cream cone

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c-o-n-e and i live at 1910 spruce street thank you swear and affirm to tell the truth the whole

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truth and nothing but the truth i do thank you please proceed um i think i'm going to start by

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saying we are not our neighborhood group that is protesting this is not concerned with density as

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Mr. Malcolmson talked about but with the nature and we are concerned that it's being turned into

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completely commercial space you agree to that variance and then one after another building

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might go that way that's our fear for also when Mr. Malcolmson talked about the buildings that are

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commercial in nature I think he's miscounting we have a dry cleaner on one end on the north side

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and we have food and friends convenience store which I hope reopens on the other end on my side

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of the block we have 1900 which we talked about and we have the AVA and that's it there are no

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other businesses on our block I've spoken to many of the neighbors not just the ones that were at

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the meeting that we had with Mr.

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Knocklinson and Mr. Chiarity, and

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they're not happy, and I think a number of them have

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written letters to

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the ZBA.

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We do have

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numerous letters, yes.

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I think that's basically what I would like to say,

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and I think there's some other people who would like to

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speak as well.

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So, Mr. Chair, I would actually

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object to the introduction of those letters

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into evidence, just because, like, again,

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we've been completely forthright.

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We've given more than enough notice, more notice than we even required under the law.

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So if people actually gave letters to the ZBA, I think I'm entitled to actually see them.

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Well, I'm sure, Sharon, we can provide them.

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Or Tanya, I'm sure we can provide them to you.

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But what I read on the few that I read, they're all pretty much the same as what the last witness spoke to.

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We have a host of letters.

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Alan, I can provide them to you.

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Thank you.

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So, Wade Alpert, you can unmute yourself and wait to be sworn in.

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Good afternoon.

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Good afternoon, sir.

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Please identify yourself with a record.

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Sure, my name is Wade Alpert, A-L-B-E-R-T.

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I am counsel for the Center City Residence Association, and I'm with Sobel Law Group,

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and my address is 1845 Walnut Street, 23rd floor, Philadelphia PA 19103.

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And do you swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you, Wade. Please proceed.

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Thank you very much.

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So I just, I'm only speaking, I spoke when this came to a hearing a few weeks ago,

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and just reiterating what happened at the CCRA's public hearing on this matter,

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that we heard several neighbors who were in opposition

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specifically to the use of this property.

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specifically to the the use of this property as a as a commercial property and the civic association

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believed that a um an adequate adequate way to hopefully remedy this situation would be to

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require a proviso that the use only be um for a um and i want to read this so i get it absolutely

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correctly the business operator the premises is a law firm and the purpose of that was that um

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we understood the the zoning committee of ccra understood that uh a law firm use uh would probably

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not be um problematic necessarily for the community um given the the light use that was

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discussed by the applicant in this case and that in the event that a future owner comes in and

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wants to use this property for a different commercial use it would require them to go

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through the zoning process again and almost allow this to be considered by the neighbors on a case

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by case basis and if they there are if there is a potential use in the future uh that would

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more greatly impact the neighbors, then perhaps CCRA would object at that time and the neighbors

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would have another opportunity to provide their opinions. So again, I'm just sharing that concern

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and having spoken to the applicant after the zoning committee made his decision,

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it's my understanding that the applicant agrees with this proviso. So thank you very much.

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thank you anyone else something new and different sure we have irene irene you can unmute yourself

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and wait to be sworn in hi i'm mrs irene baker uh miss baker please uh identify yourself with

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the record spell your last name and give it your address i live at 1908 spruce street my last name

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is baker b-a-k-e-r i just wanted to correct someone mentioned um i'm sorry i need to swear

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you in do you swear and affirm to tell the truth the whole truth and nothing but the truth

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i do please proceed someone mentioned that there are nail salons restaurants and doctor's offices

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on our block and i just wanted to confirm that she has remembered incorrectly there are no nail

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salons doctor's offices or restaurants on the block of swiss 19 and 20. i didn't hear that

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i don't know if anyone else did but i haven't heard that yes someone on the committee said

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she knew the block but she didn't know the block not during these hearings okay yes yes earlier

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five minutes ago at exactly 2 30 someone mentioned that lisa something perhaps

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No, Carol Tenere.

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Carol.

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Yes.

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I think you're thinking of the wrong block, Carol.

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I may be a block down, but there is commercial.

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Okay, Carol.

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I'm sorry.

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I just wanted to set the record straight that this is not a block that has those kinds of

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businesses on it.

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It's a residential block, other than the few that Connie Pohn mentioned.

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Understood.

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Thank you.

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Thank you.

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anyone else

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there we have susan susan you can unmute yourself and wait for this morning

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i just did i don't know if you can hear me just making sure i can hear you now so uh full name

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i believe we sent a letter in but give us your full name and address please oh it will do uh

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Chairman, Susan Satkowski, S-A-T-K-O-W-S-K-I, 1907 Spur Street.

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We're in a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you.

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Just a few points, Chairman and other members of the board, and not to repeat.

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The history of the property is this.

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In 2014, the prior owners sought a variance to operate a second business,

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which was related to the husband and wife that owned the property.

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So it was a second business and a design firm and also a law firm on the first floor.

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The proviso from Center City Residents Association at that time was that it remained husband and wife

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related and that did not work. It expanded well beyond that and owner

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occupied. The problem is at the time CCRA voiced the problem that they were

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They were concerned that the use could become inconsistent with the residential character of the block.

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concerned that the use could become inconsistent with a residential

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I'm going to object to the test one because I think she's saying what CCRA was saying.

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So we have Wade Albert.

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I'm saying back in 2014, and I have that as an exhibit that I sent to the board.

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I don't see a share button here, and I can put that into the record if I have the opportunity.

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Yeah, again, I'm going to object because I believe it's not just on the applicant to share all documents, but also anyone who submits anything to the Zoning Board in advance of the hearing.

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I did not see that in the instructions, but I'm happy to, and this has all been discussed on that call with you and previously, so it's really nothing new.

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um secondly the the two properties that were listed as the seven commercial several of those

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people um have sent in letters voicing opposition so they're certainly not commercial use they're

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condo owners so that may have been a historical overlay but everything on this block residential

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with the exception of the corners um also presented to ccra i was at that meeting um was the idea that

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there'd be one firm in this building. We only learned that it was going to be one firm on two

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floors and then rented out to two other floors for other firms end of the year or whenever COVID

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ends, and I hope it ends soon, but that's not what was presented to CCRA. Thirdly, that meeting

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was not well attended. Many people on the block hadn't even heard about it. And since then, we

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have at least 15, if not more, surrounding nearby neighbors objecting to this use. I don't know how

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many it takes to sway the board in terms of neighborhood opposition, but clearly it's against

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our own neighborhood association. We're in that usual situation. Last, as I

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understand the law, a variance is granted if it will not result or it will be

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granted to prevent an unnecessary hardship to the owner and if it will not

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adversely affect public health, safety, welfare and presents a condition that's

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unique to the property and the applicant didn't create the hardship himself. This is a recent

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purchase. When Mr. Ciardi purchased it, he knew that it was only zoned for businesses on the

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first and second floor. He knew that it had to be related to an owner occupancy. So those features

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of the law are not met here. I would respectfully request for those reasons to have the variance

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denied. I still don't see the exhibit button or the share file presented, but I would like to

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submit those documents. Thank you. I think it's a general question. If the board were to deny this

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application, which would limit the use of the law firm to the first and second floor,

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what would the community, I mean, what do you do with the third and fourth floor? They could be

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converted into residential units. I don't know how many units you can get up there legally

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without getting a variance. Doesn't that create a little bit more of a hardship, meaning

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the density issue, as opposed to a law firm where people come and work 8 to 10, 8 to whatever the

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hours are, and traditionally maybe not on a Saturday and Sunday. That's the confusing part

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for me. And the other thing I just want to say for everyone who's listening, I understand everyone

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concerned if the board were to approve this that it's a slippery slope that's not how this board

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operates we look at each case on a case-by-case basis uh there's no such thing as well if the

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neighbors are more uh inclined if the number of residents are against something that the board

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will generally go that way we look at each case uh you know people obviously um you know can take

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exception to what we do but we look at these cases on a case-by-case basis so again i just was i'm

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curious as to what what happened to the third and fourth floor they're going to stay vacant i don't

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think so and mr knockam so maybe you can help me do you have any idea what he what the number of

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units residential units could be uh uh occupied his third and fourth floor well just from the

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dimensions Mr. Chair I mean you're easily going to be able to get a few per floor at least at

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least and that's that's what we don't understand instead of like you know nine to five versus five

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you know, nine to five versus five to nine. Like I live in the city too. And by the way,

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to nine like I live in the city too and

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I don't have a garage. And, you know, the worst thing is when you go home is you're fighting for

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parking spots. When you have a law firm, you know, people are leaving nine to five. And again,

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