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Hearing video

ZBA Hearing - November 9, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20235h 14m

it looks like he's a muted chair he might be having some technical difficulties

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okay well mr knockamson you're an officer of the court will gladly accept your testimony

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney,

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Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Chair, we have a Stan Sawinski.

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They have been unmuted and allowed to speak.

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Sir, could you state your name, please,

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and spell for the court stenographer?

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my name is sean mcdermott it's s-e-a-n-m-c-e-e-r-m-o-e-t and i'm a one i'm an owner

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on this james street block i own all right 92 zero hold on sure sure you swear a firm to tell

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the truth the whole truth nothing but the truth only yes please proceed thank you um i own

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the properties at 9203, 9205, 9207. And I also own two other properties at 9211 and 9213 with

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my business partner, Ray Flanagan, that we run our mechanical contract and business out of.

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That's called precision mechanical services that we use for loading and distributing work out to

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mechanics um but the um yeah so since this group has been they're actively selling vehicles right

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now um it's it's been very very difficult for us to get any anything down the street from

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deliveries um it's it's it's been a hardship for everyone um and he is a 9201 um which blocks

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our our entrance for my tenant at 92 or three sometimes um cars are parked illegally there

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are cars actively being sold there because they're they're about three deep right now

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in front of his place and they've been being sold for probably three or four years um so there's

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there's cars everywhere this is this is for loading only it's it's incredibly hard for us

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to operate our business which we have been for over 10 years to when you know when someone wants

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to start selling vehicles they're not going to be keeping them off site because they're already on

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site okay okay um thank you mr knockamson do you have any questions yeah so um some comment i think

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he's referencing the dealership there is no cars being stored or parked there for sale at this 9201

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James Street location. We're trying to get this approval by way of a special exception

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to allow us just to operate for internet sales. My other understanding is that this individual,

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my client would testify to this, was trying to purchase this property prior to my clients

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purchasing this property as well. I'm not getting into that, but that's the, and I don't know why

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it's under Mr. Simwinski's

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name that this

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is, you know, that he's testifying

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under. So that's a little

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peculiar.

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Is there anyone else in the virtual audience?

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Chair, we

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have a Peter McDermott.

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They've been unmuted and allowed to speak.

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Mr. McDermott,

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state your name, please, and

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spell for the court stenographer.

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my name is peter mcdermott p-e-t-e-r mcdermott m-c-d-e-r m-o-t-t i am the brother

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wait wait wait wait one moment do you swear we're firm to tell the truth told truth nothing but the

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truth i do all right do you have anything to add to what your brother said that's different than

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what he said yes so i visited so he's my brother and i do some consult i do some consulting

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So I visited, so he's my brother and I do some consult, I do some consulting work with him. I'm very familiar with zoning. I sent some exhibits in that show the sign postings in accordance with the code, title 14, the sign postings at this property at 9201 James Street.

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9201 James Street is a corner property.

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Okay.

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So the Linden Avenue facade, which Mr.

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Nockamson actually referenced, has no postings whatsoever on Linden Avenue.

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Furthermore, the view of that facade is obstructed with shrubbery and trees.

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Now, the posting that is there, and I can share my screen if you want.

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I'm on my phone, but I can share.

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The posting that is there is posted on a movable, operable door. It's the only posting. That doorway can be opened and closed to make sure that the passerbys and the general public cannot see what is actually being presented and asking for a deviation from the code.

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The hardship on this location is being pushed onto all the other property owners from Mr. Belfort.

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I can show you photographs right now that back up what my brother put forward and that the cars right now are three deep at 9201 James Street.

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I don't know when the last time he was there, Mr. Nockamson.

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Mr. McDermott, that's what I said.

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We heard that from your brother.

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if there's anything else you want to add please tell us besides there's photographs I have I

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have photographs well I I take your brother's testimony I mean we understand what he said and

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you said the same thing so I we appreciate in addition to that in addition to that they didn't

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properly post it it did not properly post a property Mr. Bergman and I have photographs

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which were sent to Tanya as well stating the exact same thing I thank Mr. McDermott thank you very

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much. Is there anyone else in the virtual audience

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who has comments? Chair, we have someone else by the name

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of Stan Sawinski with their hand up.

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They've been unmuted and allowed to speak. Please. Hi, could you state your name

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please and spell for the court stenographer? Hi, my name is Stan

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Lee Sawinski. S-T-A-N-L-E-Y-C-Y

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W-I-N-S-K-I. You swear or affirm to

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tell the truth the whole truth nothing but the truth i do uh one question i wanted to address

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is uh why my name was coming up twice uh i accidentally shared my link instead of the

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the uh zoning's link uh with uh with mr mcdermott so that that's what happened there okay what's

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your testimony sir and uh i just wanted to say that the letter of opposition from the council

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office. We actually visited the location in person, and it was not a pretty site. And these

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issues that we're talking about today, they're not issues that have recently cropped up. They

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have been around for, from my knowledge, at least three and a half years. That's all I wanted to

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say thank you mr mr winsky we appreciate your call thank you is there anyone else in the virtual

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audience here i see no other hands at this time planning commission this is ron bednar city

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planning uh the comprehensive plan recommends no change the existing industrial commercial mixed

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juice at this location the proposal should not cause detrimental impacts to the neighborhood

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beyond what's normally might be expected given its specific location, provided that all vehicles

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and equipment storage for this business are kept on the property only. Therefore, we recommend that

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the Crestford special exception be granted. Obviously, we've had a little bit of different

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testimony here, and I would really want to take some time and talk to the other members of the

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board um we will vote on this hillary could we do two o'clock next wednesday yes mr chair we'll vote

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on this two o'clock next wednesday mr knoxon thank you and the record is closed record is closed

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we're going to go to number one mi2023 excuse me mr chair before we before we do that can we go

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back to number three um rower street and we do not have a complete exhibit packet we need to

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we need to continue that matter okay all right um mi 2023 002 403 i think you're just using

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32 29 rower street i'm going to bring miss gonzalez back right

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I'm going to bring Ms. Gonzalez back, right?

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miss gonzalez

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Ms. Gonzalez?

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She's been unmuted and allowed to speak, Chair.

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Yes.

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Ms. Gonzalez, we do not have a complete package of what you mailed in.

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Call the office, and they will explain to you what you need for the next time your case is being continued.

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I understand that, but I did say it myself.

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Ma'am, you spoke to the staff. This is Tanya from the ZBA. The staff has explained. They spoke to you and told you what was required. That information was not submitted. Therefore, you will be continued. Thank you, Chair. You may continue.

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Thank you. Thank you. So MI-2023-002-403-3229 Rower Street. Cases continue.

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We're going to number one. MI-2023-001-269-709 West Butler Street. Lynn Nichols is the attorney

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for the owner. Letter of non-opposition from Aspera. Letter of non-opposition from Council

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member Lozada. Lynn Nichols is coming back in as a

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panelist now, Chair. Good afternoon,

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Ms. Nichols.

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Good afternoon, Chair. Hi. Could you state your name just for the record

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and spell for the court synopsis? Lynn Nichols, L-Y-N-N,

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last name N-I-C-H-O-L-S. Do you swear

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or affirm to tell the truth, the whole truth, and nothing but the truth?

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oh i'm sorry i had turned my stupid all right do you swear or affirm to tell the truth the

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whole truth nothing but the truth yes i do could you identify your client in relation to the

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property yes um the owner of the property is miss nolasco johanna ciprian however chair um her

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husband was seriously injured and isn't available today so is it acceptable that i present the test

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Absolutely. You're an officer of the court. We will gladly accept your testimony.

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Our vice chair has just a few questions.

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Thank you.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do with one caveat. We are reducing the number of units from three to two based upon the existing structure, and that was represented to the RCO as well.

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Understood. Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes. Thank you.

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Thank you. Please proceed, counsel, and share the screen.

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Yes. Thank you.

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All right. Are you able to see my screen?

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We can.

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Okay. We submitted our exhibit packet, which includes the application for appeal, the project information form, the deed for the property showing that the property was purchased at a sheriff's sale,

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as well as the list of addresses that were notified for our meeting that we held on October the 17th, 2023 with the RCO.

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We also included photographs. Here on the left is a photograph looking at the property.

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There's a side area here, which you see is the yard.

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The photo on the right is looking to the right of the property.

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If you look in this photo here, that's on the right, there's an entrance that goes into the basement of the property that the owners added in 2015.

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Those were the only changes they've made to the property.

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When they purchased the property, it was already developed as a duplex.

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So we're here today asking to legalize the property as a two-family, multifamily household living in an existing structure.

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Here's the zoning notice.

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You can see here is another photograph of the property on the left.

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Here on the right, we have a site plan showing that this is an existing two-story multifamily

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dwelling duplex unit.

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The next photo shows the interior existing as it is.

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On the first floor, you have a porch, well, the first patio, the porch, living area.

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There's a foyer with stairs that go up to the second floor.

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On the first floor, there's the kitchen and three bedrooms.

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On the second floor, there's one bedroom, a living room, kitchen with another bedroom,

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and the roof is on the rear of the bedroom in the back.

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And there's storage in the basement as well as where the utilities are held.

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held. And attached also is the letter of non-opposition from the coordinating RCO.

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And attached also is the letter of non-opposition.

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As I stated when I first started our presentation, the applicant decided after consideration to only

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request two families because this is already an existing two-family property which they

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purchased and know that they needed to legalize it. And that's what they're asking from the board

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here today. So with that proviso, we would request the board to grant the variance for the use of

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this property, which can house the two families because of the size of the property. And this was

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not a hardship that was created by the applicant. It was a property that was already developed in

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this manner when they purchased it. Therefore, it would be economically a financial hardship for

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them to have to renovate it in order for it to be used as a single family property we would

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submit that it would not harm the neighborhood neighbors or any other part of the community

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there and as you see there's no opposition from the community does anyone have any questions

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about the exhibits from the board no mr chairman no questions or comments from our attorney hillary

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emerson um mr chair i just want to note as miss nichols pointed out that if the board decides to

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grant um we would include improvise those specifying two dwelling units thank you

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questions or comments from the virtual audience

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i see no hands chair planning commission this is uh ron bednar city planning the property is

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indicated for residential use on the city plan the physical condition of the site is documented

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use history uh we recommend your question variance be granted thank you mi2023 001

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269 709 west butler street i vote yes wood proviso maximum two units

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thomas holloman my vote is yes with proviso james snell my vote is yes with proviso

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ishmael shaheed my vote is yes with proviso thank you counsel thank you have a great day

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number five nmi 2023 002 455 23 55 garage street sherman tompin is the attorney

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We do not have an RCO letter as of yet, but there was a meeting held on 8-28-23.

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We also have a petition in support signed by three neighbors on the block.

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The chairman is coming back in.

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Is it a panelist now, Chair?

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Okay.

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Good morning, Mr. Chairman.

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

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Good evening.

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Good evening.

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Right. Could you state your name and spell it for the court stenographer?

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Yes. My name is Sherman Toppin, S-H-E-R-M-A-N-T-O-P-P-I-N, address 1800 JFK Boulevard,

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suite 300. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do. Identify your clients and their relationship to this property.

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Yes, my client is Reuven Narayan. He is the member of RON Investments, LLC. He should be on the call here today.

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All right, and our vice chair has just a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do, yes.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes, I have.

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Thank you. Please proceed and share your screen.

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Okay. I believe my screen should be in front of everyone. Can you see?

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Yes, it is, sir.

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Oh, it is? It is. Okay. So, we're here with 2355 Garrett Street.

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It is a property nestled between South 24th and 23rd Street, narrow street.

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This particular street is one of those one-way driving streets where most of the properties were two-story,

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