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Hearing video

ZBA Hearing - March 16, 2022

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

RCO, Garden Court Community Association, Letter of Opposition, Sean Whalen is the attorney.

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Mr. Whalen has been promoted to panelist, sir.

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Good morning, Mr. Whalen. Could you state your name and spell for the court reporter?

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Certainly. Good morning. Sean Whalen, S-E-A-N-W-H-A-L-E-N.

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

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Yes, I do.

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Do you identify your client and his relationship to the property?

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Certainly. My client is Terrace. Let me grab the actual name.

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Terrace Avenue A, LLC, is the owner of the property.

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Okay. And our vice chair has a few questions for you.

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

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Yes, I do.

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It appears that you've submitted all the required documents. Is that correct?

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Correct.

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Thank you. You may proceed and share your screen.

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Thank you very much. We'll see if I can share my screen, right?

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Right.

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All right. So I don't know. Can you guys, it looks like I'm sharing my screen.

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Okay. So Sean Whalen, Vintage Law, here on behalf of 4931 to 59 Spruce Street. This is just a quick aerial view from Google to kind of give you an example. Right in between 49th Street and 50th Street, we're talking about a very large existing apartment right here.

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here's a better example of it. This is Spruce Street running up and down on the page. This is

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50th Street running right here. This is the existing apartment. It actually touches

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all three streets. It touches St. Bernard Street, Spruce Street, and going up and down on South

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50th. So as you can see, it's a very large parcel here, approximately 36,000 square feet L-shaped

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parcel, all zoned RM1. The apartment building that I showed you here is actually approximately

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80 to 100 years old. In fact, the only reason why we're here today is that LNI has no official

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records of this property because it predates the zoning code. So this is a prior non-conforming

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use. There is this existing building is 108 unit apartment building. It has been in continuous use

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as long as the city and I can determine for the entirety of its existence. What we're talking

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about today is simply this accessory parking area right here, which is actually already has

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an existing curb cut, an existing gate, and is not paved but is graveled over and is used for

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trash collection and access, maintenance trucking, and some tenant parking. So we did receive one

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refusal. The only refusal we received is that the proposed use off-street parking is front accessed,

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which is prohibited in this zoning district we agree that if this were a new newly proposed

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parking lot that this uh this would be appropriate again this is a prior non-conforming use so

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the refusal is correct although not necessarily applicable under the code as it's presented today

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we have I did just take up this case last week so I was not a participant at the RCO meeting

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I believe somebody from the RCO will be here they did present the property was presented to them

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and they did oppose the the project they stated three reasons for their opposition one is that

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crossing the sidewalk, the vehicles crossing the sidewalk, would create a pedestrian safety issue.

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Two, that off-street parking on primary street is adverse to the district plan, hence the refusal.

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And number three, that there are a lot of large apartment buildings in the neighborhood,

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and none of them have surface parking, and that parking is not necessary. So I'm reading,

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I'm not summarizing I'm reading verbatim from their numbers one two and three for the board's

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information so again our only there's no this application does not deal with

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So again, this application does not deal with the large kind of lower portion of the L here along

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Spruce Street that is existing. There's no construction of any kind addition or anything

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like that as part of this application. Rather, what we are seeking to do is here is 50th Street

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and here is Spruce Street, and I will zoom in so you can see it. All we are seeking to do

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is to legalize the existing non-conforming use, again, which only has to be done because there

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are no zoning records for this property. This has been and continues to be a rear access lot.

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This curb cut is existing. I'll show you a couple site photos in a minute,

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and we're looking to simply create a real buffer between our property and there's a church

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right here at this property where there is not one now there's just a chain link fence

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and to put in actual parking spaces including an ADA parking space.

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So again here's just a map as far back as you can go with our city access maps is 1942

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42, showing that this was already in existence as of 1942. Here is the official city cert that you

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get for this property and states that, again, for this address, 4931, no record on file,

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new use registration may be required. Again, this is a prior non-conforming use that's been

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in process for a long time. This is North 50th Street right here. Here's Spruce Street going up

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and down. This is the building right here. It actually goes block to block. So you can see

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the first portion, then it has an inset courtyard, and then the second portion of the property.

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This is, there's a large park, and you can see a number of other apartment buildings

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across the street. This is looking up the street. There's a large church immediately across the

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street. And like I said, there's a large church that you can see in one of the later photos.

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This is North 50th Street. So as we go forward, this should have been my first photo. I apologize.

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This is the full frontage of the apartment building.

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so then again just going up north 50th street here's the existing condition you can see it's

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kind of an unsightly chain link fence there's a chain link fence and overgrowth here these bollards

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have been in place forever it's an existing curb cut when I took the pictures of the site there

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were maintenance trucks parked in there but it also is the commercial trash pickup rear access

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to the property and all of this is existing and my client simply today is seeking to improve

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this property or you know improve this existing parking lot with you know real curbs and

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striped lines and everything again just another angle so you can see the trucks are already in

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there bollards here um primary access right off of north 50th street and again here's a close-up

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shot so um with that i will quickly go into arguments that i don't waste anyone's time

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uh the the issue here is because the property is bound by three streets

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here, South 50th Street, South St. Bernard, and Spruce Street. Under the code, each one of those

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three streets per 14701.1.2 is considered, quote, a front street. However, Spruce Street would be

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what's determined as the primary frontage under 14-701.1.4. So we believe that even under that

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code, it would be appropriate to say that South 50th Street is not the primary frontage where

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even though you have three quote front streets for this large of a property, and therefore the

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existing parking would be appropriate. Again, I alluded to this before.

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This falls under the code section of non-conformities. That's 14-305. And specifically

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subsection 9 deals with non-conforming parking or site improvements, which is exactly what we're

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trying to do. And that reads, quote, where the amount or location of off-street parking

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Where the amount or location of off-street parking or amount, location, or design of site improvements, which is exactly what we're trying to do here, does not meet the requirements of this zoning code, the nonconformity may remain and be used notwithstanding these nonconformities.

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or a mount location.

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So again, all we're seeking to do with this application is to improve an existing prior nonconformity underneath the code.

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And the only reason why we're here is because the city has no formal zoning records for this property, which has obviously been in place for an exceptionally long time.

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So, with that, I will conclude and simply call Mike Galante.

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I understand he's in.

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Mike, if you can hear me, raise your hand, please.

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Okay, Mr. Galante has been allowed to speak.

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Would you state your name and spell for the court reporter, please?

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Michael Galante.

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m-i-c-h-a-e-l-g-a-l-a-n-t-e. Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth? Yes. Proceed. Thank you. Mr. Galante, you are the property engineer,

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correct? That is correct. And you've been involved with this project from the beginning and the

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proposed parking lot plan that I showed is actually yours, correct? That is correct.

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okay and did you hear all of the testimony that uh was already provided in this matter

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i've heard your testimony correct yeah and do you believe it to be true and correct to the

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best of your knowledge and information and belief uh yes yes um the you know yeah i mean yeah that's

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correct yep i'm just elaborating sorry i will i will ask you to elaborate on uh on any sections

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that you believe further information

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would be appropriate for the board.

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Sure.

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So you believe what I said,

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although it may need additional information

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from your engineering expertise,

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you believe that what I stated was true and correct

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to the best of your knowledge and belief?

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Yes.

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Thank you.

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And now, would you adopt my testimony as your own?

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Yes.

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And I will just, yeah, I just want to be clear.

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Just one more question, Mike.

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mike i'm teeing you up for it yep all right so mr galante is there anything with with that said

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and your adoption of my testimony is there anything additional that you believe is uh

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important or relevant for this board to take into consideration uh beyond what i have already

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presented yeah just just to be yeah to to elaborate we do have all our i don't i might

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have missed the first couple minutes of your testimony i want to be clear on that because

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I was having computer issues. However, I'm well aware of the application. You and I spoke about

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your testimony prior to. The project has obtained all PWD approvals, streets approvals, and we were

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submitting for zoning permit, and that's why we're here today. So with that said, with the testimony

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about the driveway, the existing driveway being used as already being used in place, yes, I adopt

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all that testimony yes all right thank you very much uh mr chairman i have no further questions

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and uh we'll ask answer any questions questions from the board no mr chairman no mr chairman

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no mr chairman question or comments from the virtual audience

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i'm mr chairman we have a robin shine maddox with the hand raised i can allow them to speak

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of this time, if you wish. Please. Could you state your name and spell it for the court reporter,

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please? Yes. Good afternoon. My name is Robin, R-O-B-I-N, Shine, S-H-I-N-E, Maddox, M-A-D-D-O-X.

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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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I do. Proceed. Okay. Thank you for allowing me the opportunity to share.

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I was asked to be on this Zoom on behalf of State Senator Vincent Hughes.

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We just want to acknowledge that we have been receiving a lot of concerns and complaints about this particular zoning from the residents right in that neighborhood.

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So when you're talking about St. Bernard Street particularly, and then you talked about the two churches.

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particularly, and then you talked about the two churches, which we are very much familiar with,

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the Beulah Baptist Church and Monumental Baptist Church, and the parking that is, you know, being

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planned, and already the complaints because of the limited parking for both churches, in addition

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to the residents, especially on St. Bernard Street, because of the park across the street now

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that has erected a new apartment building and the zoning there, you know, the parking permits.

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So I just want to just go on record to say that we have been receiving a lot of calls

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and concerns to our office. And again, State Senator Vincent Hughes asked me to be on this

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call just to get all the information so that, you know, we can further have the right conversations

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with the communities, with the neighbors that live in that community.

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Thank you very much for your time.

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Thank you, Ms. Maddox.

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Thank you very much.

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Other questions or comments from the virtual audience?

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Mr. Chair, I have a Christopher Mejia-Smith with her hand raised.

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I can allow him to speak at this time, if you wish.

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Please proceed.

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Yes, sir.

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Hello, can you hear me?

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Can you state your name and spell for the court reporter, please?

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My name is Christopher Mejia-Smith, C-H-R-I-S-T-O-P-H-E-R-M-E-J-I-A hyphen S-M-I-T-H.

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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.

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Thank you for this opportunity to testify.

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I am the democratically elected committee person for the division that encompasses this lot.

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I'm very familiar with this neighborhood.

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I think that, unfortunately, the argument that's being put forth by the lawyer for this case is not representing the true situation of what's going on here.

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This is not the legalization of a prior nonconforming use.

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The fact of the matter is this is a backyard.

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This is a backyard to an 80 to 100-year-old apartment building.

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In the pictures that were portrayed to you, you saw that there was a chain link fence that's currently running along that side of the property.

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The access to that rear yard is actually a double swung chain fence that is padlocked and chained together.

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This is not simply a curb cut that people are driving in and out of all the time.

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If you would like, I can share my screen where I have Google Street View.

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Then I can show that this has been used as a grassy plain since at least 2007.

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In fact, the bollards that were claimed to be there forever have not been have not existed.

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And since it's they've only been there since about 2020.

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And I can, again, prove that to you with Google Street View photos.

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So the fact of the matter is, is what this property owner is trying to do is create a new parking lot where one did not previously exist.

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Now, the question is, is this something that is needed?

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And the answer is resoundingly no.

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We do not need to remove our green space for when there is plentiful parking in the neighborhood.

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In addition, removing this padlocked gate and replacing it with an open curb cut means that cars can flow in and out at reckless speeds.

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This neighborhood, unfortunately, had to deal with the death of a child in 2019 who just across the street at the intersection of 50th Street and Irving was hit by a car that was speeding down 50th Street and turned rapidly onto Irving.

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I do not want to see that happen because we have a curb cut here behind this building.

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I have a four-year-old daughter, and I take her to her daycare on the 42 and the 21 buses, and that means I walk along this block.

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and this having a new parking lot here is going to severely reduce my ability to trust that this

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block is safe so at this time I highly strenuously stress that you reject these variants this

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variance thank you thank you for your call is there anyone else in the virtual audience

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has a comment um yes sir Mr. Robert Jackal was their hand raised I can allow him to speak at

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this time. Okay. Could you state your name and spell for the court reporter, please?

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Mr. Jackal?

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Hello, are you there?

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Hello, can you hear me? Yes, could you state your name?

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Name and spell for the court reporter.

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Yes, Robert Jackal, last name J-A-C-K-E-L.

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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.

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So I am the other democratically elected committee person in this division.

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I live on the 4900 block of Locust, and my backyard doesn't quite about this property, but it's very close.

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doesn't quite about this property but it's very close um i had a couple things i wanted to add

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I had a couple things I wanted to...

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