civus
Hearing video

ZBA Hearing - March 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 16, 20225h 49m

so that trash would not have to be stored anywhere on the street. It is accessible through and can

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be placed in the court and then pulled out for trash day. So we are trying to manage

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trash in a way that it doesn't end up any time on the street prior to pickup. Again,

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the total lot size is 1,500 square foot. It is about 200 square foot shorter than a buy-write

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under NCP, but it is a rather large lot and this layout also allows the units to be a

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little more conforming to the area market rate units that people are looking for and again we

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when we presented this to the community the neighbors and the community group gave us

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unanimous vote of support because it does my apologies it does fit what they're looking for

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in the neighborhood and what is already around on the blocks so we would ask the board's favorable

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consideration of this request for variance. I'm happy to try to answer any questions or

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redirect to any other part of the exhibits. And why don't you have your client and

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have your testimony adopted? Sure. Mr. Bader, can you raise your hand and be identified?

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I'll have to speak. Could you state your name and spell for the court reporter, please?

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Chagai Bader. C-H-A-G-A-I. My last name is Bader. B-A-D-E-R.

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Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I am. Proceed, counsel. Thank you. Mr. Bader, do you see my presentation

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to the Board and hear my testimony to the Zoning Board? Yes.

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Can you verify that what I have represented is true and correct and adopted as your own testimony?

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

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question or comments from the virtual audience

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center for the hands mr chair

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do you have a hand lands no hands no sir okay uh planning commission uh ron bednar

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with the City Planning Commission, first name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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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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I do.

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Proceed, please.

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While this property is currently indicated for commercial mixed use on a city plan,

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given the physical circumstances of the site and the surrounding use pattern,

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we recommend a request for variance to be granted.

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Thank you.

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MI 2021-004636-2249-12th Street, I vote yes.

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Harold Tenere, my vote is yes.

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Thomas Hullman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you. Have a good evening.

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Thank you.

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So, MI 2020, 000119, 3442 North 18th Street, Floor 1, no RCO letter from Tioga United, Cedric Darnell, Mike Kahn, his pro se owner.

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Mr. Mike Kahn?

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Mr. Mykind, could you state your name and spell it for the court reporter, please?

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Hold on one second.

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Okay.

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Hi, could you state your name and spell for the Portman Pro's here?

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Pardon me?

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Oh, here we go. I'm ready.

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Oh, here we go.

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I'm ready.

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Okay.

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Okay.

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All right. Cedric Mixon.

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All right.

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Cedric Mixon.

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Yes. Could you spell for the court reporter, please?

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Yes. C-E-D-R-I-C-M-I-X-O-N. Yeah, they misspelled it in the city. They spelled it M-I-C-O-N, but it's actually M-I-X-O-N.

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Okay. Thank you. 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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Our vice chair has a few questions.

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Hi, Mr. Mason. I assume that you've sent in all the required documents. Is that correct?

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Yes. And the person that put together the exhibit package, Patrick Jones, he asked to

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share his screen. So I'll present the material and he will flip through the slides if that's

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necessary. That's fine. Thank you. That's great. Thank you. You may proceed.

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all right so i guess we should wait for him to share the screen right

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because i don't i don't see anything on my screen okay

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he's coming on

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it's on you have it's up

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are you yeah yeah yeah it put me on mute for some reason all right so this is the exhibit

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packet for uh the property located at 3442 north 18th street all right so first we'll go to our

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notice of refusal. We are requesting to increase our dwelling units from four units, which

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is what it currently is, to five units. All right. And this is a copy of our project information

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form. We'll just scroll through that quickly here. All right.

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And this is a copy of my deed showing that I purchased the property March 3rd, 2017.

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All right.

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And this is a certificate of tax clearance.

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And next is a copy of what was sent out to the neighborhood that was prepared by Jones Business Development Company.

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So this is the actual letter that went out to the neighborhood, and this is the proof of mailing.

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So we have a few pages of that.

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all right and here's our draft drawings here where the units that we are the unit that we're

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requesting to build out is in the rear of the first floor there so that that back portion there

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and um so that's the only thing it's the um the structure is already existing we just want to

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build it out currently it's being used it's just like unfinished storage space but it's the same

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the other units so we're requesting to build that out for the purposes of people in the building

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you know visitors in the building always ask if i have other units um so it would make sense to

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just provide more housing in the area and this is a picture of the front of the house

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and this is an area of view and this is the rear of the property

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and another area of view of 18th and Tioga

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and that's another picture of the rear of the property showing the the sidewalk there that

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comes to the rear of the property and I believe that is it okay you're done sir yes questions from

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board? No, Mr. Chair. Mr. Mixon, right now you have four units? Yes. Okay. Questions or comments

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from the virtual audience? Mr. Chair, I have Mr. Charles Wieselton with his hand raised,

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so I will not speak at this time. Thank you. Good afternoon again, Mr. Chair.

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Thank you.

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Good afternoon again, Mr. Chair.

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Mr. Richardson, just state your name.

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You've been sworn a few times.

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Charles Richardson from the Office of Councilwoman Bass,

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from 312 City Hall.

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Just wanted to make a correction.

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The Tioga United RCO did send a letter,

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but they sent it late.

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They sent it yesterday.

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I did forward it to Sharon and to Ms. Sunkit this morning,

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but i'm sure it didn't reach you guys in time but i can read it uh if you would if you uh prefer

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are they in favor they are opposed opposed okay that's fine okay and uh the councilwoman joins

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with the uh community in opposing the uh increase in the number of units in this in this uh building

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thank you mr richardson any other comments from the virtual audience

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planning commission this is uh ron bednar city planning this property is indicated for residential

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use on the city plan or adopted district plan recommends no change to the existing zoning at

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this location the applicant's hardship is not supported with evidence of unique physical

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physical circumstances or conditions of the property that would prevent it from being used

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in conformity with the code. Therefore, we recommend the request for variance to be granted.

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MI 2020-00119-3442-North 18th Street, I vote no.

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Carol Tineri, my vote is no. Thomas Holloman, my vote is no.

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Ishmael Shahid, my vote is no.

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thank you sir

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MI

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2021

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004841

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3603 to

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3605 Lancaster Avenue

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RCO

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Houghton Village Civic Association

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letter of support

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Bodak Trust

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mr bodak i promoted mr harry bodak on panelist you should be welcome thank you

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also a hanley bodak and i'm blair black

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if you could bring hanley bodek on to uh speak that would be helpful i'm just going to share

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my screen is he your attorney uh no we do not have an attorney present well then you're the

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you're the name on the building we are yes we're the owners you you have to do you have to do the

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presentation? I'm unprepared to speak. Okay. Mr. Bodak, then what we're going to do is we're

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going to continue the case. Can you unmute Hanley Bodak as he is prepared to speak on our behalf?

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Hanley Bodak, he's your... Mr. Bodak, you have to unmute.

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I'll mute, Mr. Bodek.

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Okay, Mr. Chairman, can you hear me now?

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Okay.

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Yes, you can.

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Okay, I apologize for my technical difficulties.

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All right.

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This building is owned by a trust, right?

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Yes.

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Okay.

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State your name.

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My name is Hanley Bodek.

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I'm the trustee of Bodek.

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Spell for the court reporter, please.

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B like boy, O-D-E-K.

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First name, Hanley.

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H-A-N like Nancy, L-E-Y.

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Right.

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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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I do, sir.

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Our vice chair has a few questions for you.

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Please.

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yes sir have you submitted all the required documents consisting of proof of ownership

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tax compliance refusal or referral photos and plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter yes i have i've submitted

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all the documents you require to mr jason hand and i had a meeting with the peloton village rco

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oh and they have provided me with a letter thank you mr chair because it's a trust does he need an

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Thank you. Mr. Chair, because it's a trust, does he need an attorney?

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attorney

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Sharon's already looked at this.

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Okay, cool.

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Mr. Bodak, are you ready?

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Yes. Should I continue?

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Can you put it on our screen?

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Yeah, I think Harry Bodak will put it on the screen.

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Okay.

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Okay.

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And hi, this is Tanya.

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Mr. Bodek, when you began your presentation, could you indeed state that you are the trustee for this project, please?

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Yes.

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Should I start?

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Yeah.

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My name is Hanley Bodek.

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I'm the trustee for Bodek Trust.

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I'm speaking to you today about 360305 Lancaster Avenue, which is a double-wide property on Lancaster Avenue.

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The plot plan of this property is unique because though it is located on Lancaster Avenue, it has access to a side street, 36th Street.

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And if you look at the plot plan that we submitted, you can see this, that the proposed parking space where we would like to put in would be accessed from 36th Street, not from Lancaster Avenue.

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uh i've met with the community organization and they have voted uh to accept the variance that

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i'm asking for i have met with the people who live on 36th street and they have accepted the

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variance that I am asking for. And the place where the parking would be is in the back of the

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building. I think you can see the plan there right now. That street across the top, which is at an

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angle is 36th street and the land for our property 360305 includes access to 36th street

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and we would put one parking space there and as I've said the neighbors on both sides

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are in favor of my proposal i've met with the community organization and they accept and are

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in favor of my proposal and i've provided documentation of that uh the council our

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councilwoman has not opposed that the uh the request and if there are any questions or concerns

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I would be happy to field them right now.

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Questions from the board?

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Yes, Mr. Chairman.

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Sir?

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Yes.

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I'm looking at your site plan.

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Do you have a rear yard?

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Do I have a rear yard?

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Correct.

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Yes.

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Are you parking in the rear yard?

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Currently, no.

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Are you proposing to park in the rear yard?

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Yes.

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