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Hearing video

ZBA Hearing - July 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 31, 20246h 45m

Okay, so let me finish here with my screen.

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Oops, share my screen.

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And again, we'll update our packet, like, you know, for formality's sake.

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But if you see here, I'm on Atlas here, and it's owned by FRPLM Development LLC.

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And if you look here, it was recorded.

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Let me just take a look.

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It was recorded on...

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February 15, 2019, under document number 534-79282.

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Okay, Hillary.

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Yes, thank you.

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And if you could just supplement your packet, that would be great.

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Thank you.

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We will.

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Questions or comments from the virtual audience?

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Yes, Chair.

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Chair, I have a hand up by the name of Temple, last name, starting with a K.

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They have been allowed to speak.

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

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Never mind, Chair.

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They got off.

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Thank you very much.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon.

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David Fecta with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the CMX2 commercial mixed-use zoning at this location.

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The appellant has shown that a takeout restaurant will have no detrimental impacts to the neighborhood beyond what might be expected.

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The City Planning Commission recommends that the board grant a proposed special exception for a takeout restaurant.

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Thank you.

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MI 2024-002-323-6516 Germantown Avenue.

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i vote yes uh a chair can can we add the proviso that they uh that extend beyond the roof

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yeah what did he say he was going four foot above he said four foot above the highest roof or the

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third floor whatever okay sure mr chair i think the best wording for that would be just venting

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above the roof okay i vote yes proviso venting above the roof uh michael johns my vote is

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is yes with proviso. Cheryl Gaston, my vote is yes with proviso. Tanada Graham, my vote is yes with

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proviso. Taya Nguyen, 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. Thank you, Council. Number nine.

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M.I. 2024-002-614-1525 Willent Street.

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Alfred Fuscaldo is the attorney for the tenant.

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There's a letter of non-opposition from Center City Residence with unenforceable provisos.

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Good afternoon, Alfred Fuscaldo.

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Could you please spell your name for the court sonographer, sir?

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Sure.

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F as in Frank, U, S as in Sam, C, A, L, D as in David, O.

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C-A-L-D as in David O.

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

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Right.

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I do.

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You said you do?

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I do. Yes.

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Okay. Could you identify your client in relationship to their property?

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Yes. I represent Mejuri Bricks US LLC. They are the tenant at the property.

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Vice Chair has a few questions for you.

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Good afternoon, counsel. Do you agree to wait the reason of the refusal?

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stipulate to its accuracy i do have you emailed in all the required documents and exhibits that

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is needed and required to proceed with this case five days in advance of this hearing i did thank

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you council please proceed and share your screen can you see my screen i thought i shared it no

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no let me try again

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now can you see it we can okay great um again alpha scaldo on behalf of the tenant majeure

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bricks uh llc um in the packet that's submitted to the board is the notice of refusal

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here the refusal was issued because the property is located in the cmx 5 district

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it's also in the center city overlay district chestnut and walnut street area west

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1525 walnut street the use that's requested is a to provide an accessory service for the existing

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retail fine jewelry store that Mejuri operates at the property. They'd like to add ear piercing

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as a service for their customers. That use is characterized as a body art service under the

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code. It's permitted by right in the CMX5 district, but is prohibited in the overlay district. So

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that is the reason for the variance request today. Here's a copy of the application for appeal.

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uh the project information form uh posting of the property uh on walnut street

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and in the rear on on moravian street

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there are copies of photographs of the store uh from walnut street

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and then views from the store looking uh left towards 15th street and uh right uh towards 16th

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street that's from across the street and then here he's from the store looking left Warby Parker

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to the left and uh Brandy Millville to the to the right um here's a plan of the of the property

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uh the interior of the property the store has been in existence uh we've been operating at the

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at the location since June 23rd of 2023 um it's one of 33 jewelry stores that Missouri operates

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worldwide um the front of this the front of the uh the store here the door on the right hand side

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of the screen um and then the the studio where the ear piercings would occur is here in the very back

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uh of the or that's towards the back of the of the store um and on the second page you'll see

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uh here at this location in the bottom right hand corner this is where the ear piercings would occur

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That space is approximately 60 feet from the front door.

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It's in its own room, and it's partitioned by a curtain that will be pulled across whenever the services are occurring.

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Here's some photographs of the piercing area.

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This is a view from the front of the store towards the rear.

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In this back left corner here is where the studio is.

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Here on the left-hand side is a view into the studio from the store, and then on the right, out of the studio, back towards the front of the store.

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Here are photographs of the studio itself.

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You can see the curtain here on the left-hand side that we pull across in the chair, so that the space is separated from the rest of the store.

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Your piercing would be by appointment only and only available to customers of the jewelry store.

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um it's really not much to this application here's a letter uh from ccra we appeared in front of them

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uh at the end of june they voted not to oppose the uh the application with the proviso that

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all the equipment used for the ear piercing would be uh that required disposal will be properly

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packaged and disposed of in sharps or other approved containers and that that proviso

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condition is acceptable to uh to my client um the rest of the packet contains the uh

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certificate of tax clearance or witness list and a copy.

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certificate of tax clearance uh our witness list and and and a copy of the redacted lease

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um with me today is jamie croupy she's a director of store of development for majori

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um and i would ask her to be uh promoted to a witness so that i could ask her to adopt my

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testimony and jamie if you could raise your hand

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Jamie, he had a lot to speak.

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Hi, my name is Jamie Groupie.

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Could you please spell your name for the court stenographer?

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Yes, it's J-A-I-M-I-E-C-R-U-P as in Peter, I.

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

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I do.

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Please proceed, counsel.

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Thank you.

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Ms. Groupie, were you present for the testimony that I presented to the board this afternoon?

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Yes.

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Or was it true and accurate to the best of your knowledge?

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Yes.

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and do you adopt it as your own i do i have nothing further mr chair other than to move

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my exhibits into evidence thank you um questions from the board

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no questions questions from our attorney hillary emerson

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um just briefly um mr chair um mr fiscaldo um the is the is the use only on the first floor

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Because I see that listed on the refusal, but it seemed like in the lease that was provided that the entire building was being leased, not just the first floor.

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Missouri does lease the building, but the use would only be on that one, on the first floor in that space that I described.

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Okay.

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Thank you for the clarification.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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planning commission thank you chairman and good afternoon david effecta with the city planning

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commission chairman and board members the comprehensive plan recommends no change to the

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cmx5 commercial mixed use zoning at this location the appellant has shown the proposed body art

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services will not injure the use of adjacent property and is complementary to the existing

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use the city planning commission recommends that the board grant their proposed use variants for

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Body, Heart Services. Thank you, David. MI 2024-002-614-1525 Walnut Street. I vote yes

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with proviso. Use limited to first floor. Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso. Teneda Graham, my vote is yes with proviso.

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Iowan, my vote is yes

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with Proviso

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James Sell, my vote is yes

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with Proviso

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Ishmael Shahima

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with Proviso

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Thank you, counsel

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Number 11

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MI 2024

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002 637

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1821 Memphis Street

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Olak Sokoloff

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and Eric Taskin are the attorneys

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for the owner

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However, no RCO letter of summary, but notice was sent to nearby neighbors with proof of mailing.

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Meeting was held June 25th before Fishtown Neighbors Association.

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Applicant does have 11 form letters of support from neighbors.

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Good afternoon, Mr. Chairman.

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

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Sure. My name is Eric Taskin. That's spelled E-R-I-K-T-A-S-K-I-N. I'm representing Quincy Booth, the applicant for 1821 Memphis Street. We're here today because we're seeing...

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Hold on, hold on, hold on one minute. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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All right. Our vice chair has a few questions, okay?

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Sure.

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Ish?

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that yes do you agree to relate to its accuracy yes

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have you emailed in all the required documents and exhibits that is needed

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to proceed with this case five days in advance of this hearing yes but as the as the um mr

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chairman said uh we received the rco support letter only yesterday and i believe that it's

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your possession but it is part of the packet but it wasn't submitted in the packet that we sent last

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week understood thank you please proceed and share your screen sure is there a letter in support

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or opposition it's in support thank you okay so um we're here today seeking a variance to

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Okay, so we're here today seeking a variance to legalize the use of an existing structure

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as a two-family dwelling.

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My client purchased the property earlier this year.

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However, he was not aware of the nonconformity.

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We have received support from the RCO and numerous letters of support from the neighbors.

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Now, if you will allow me, I would like to go through the exhibit packet.

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So we have the refusal.

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So we received a refusal for the use of a two-family household dwelling in an RSA 5 zoning district.

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Here's a copy of the deed.

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My client purchased the property on January 2nd of this year.

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Here's some photos of the property from the outside.

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It's on the intersection of East Wilts Street in North Memphis in the Fishtown neighborhood.

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is that better for everyone to see it is okay so the commercial on the first floor

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no it's all residential so um this is a aerial photo of the neighborhood you could see the

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property in the corner i'm not sure if you could see my mouse but it's right over here

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here's some photos from the inside so right now it's it's like i said it's two family

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here's a photo of a kitchen um we have photos of bedrooms closets uh bathrooms picture of the

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backyard basement another kitchen so the property is currently there's one unit on one floor and

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then the second unit is two floors. So here's some more photos. We have an office, more bathroom

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entry. Here's a photo of the zoning maps. Here I can zoom in a little bit. Our application for

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appeal. Project information form. Here's the RCO letter that we sent to 176 neighbors. The RCO

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meeting was held on june 25th and as i stated before and i'll show at the end of this exhibit

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packet that we did receive support from the rco and we received that letter only yesterday

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here's certificates of mailing like i said there was 176 residents notified so this is quite

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extensive allow me one moment here's the tax clearance certificate

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photos of the zoning notice posted on the property

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we have multiple levels the letters of support from neighbors nearby

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and this map kind of indicates where those neighbors are located that signed those letters

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I just showed you. And then finally, we have the letter of support from the Fishtown Neighbor

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Association RCO. At this time, I'd like to call my client Quincy Booth to adopt my testimony.

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Good afternoon, everyone. This is Quincy Booth, and I do adopt my attorney's testimony.

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Hold on a minute. Could you please spell your name for the court stenographer?

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Certainly. It's Q-U-I-N-C-Y.

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Love his name, Booth. B-O-O-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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Counsel?

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Mr. Booth, did you hear my presentation today?

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I did.

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Would you adopt this testimony as your own?

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Yes.

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