civus
Hearing video

ZBA Hearing - December 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20214h 4m

cars i wouldn't park on the street because there's no reason okay um after the rco meeting did you

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did you circulate a support letter for this application with with neighbors yes did you

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personally go door to door yes and that's exhibit 12 we have the nine support letters signed by

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neighbors. Did you take some feedback from members of the

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community after this RCO meeting and consider conditions or

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conditions or provisos yes on the property okay and have we communicated those that you know

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provisos on the property?

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the neighbor support letters and the openness to the conditions to the rco yes

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okay that's if you have um anything else that you'd like to say to the board

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you can do so now. If not, both Mr. Jones and Mr. Eisen will be available for any questions.

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Questions from the board? No, Mr. Chairman.

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Excuse me. This is Sharon. I had one question. Can you, Mr. Zafuto,

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describe what the suggested or requested conditions were?

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um i don't know how much sense it makes but i think that we had discussed um limiting the

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amount of of cars that can be displayed on the lot um and we would be open to a condition on

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that i don't know that that would help really address the parking concerns but as far as uh

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The previous used car sales lot, I believe the site plan from 1988 had like 27 car spots.

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We wouldn't need to park that many cars in the lot.

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I think that there's some flexibility, I think, as far as how many would be displayed.

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So there's no specific condition that you would be asking the board to add a supervisor?

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So. No, I guess we had discussed, you know, openness to some, but there was without the RCO feed, you know, the RCO has not responded.

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So I don't. OK, thank you.

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Questions from the virtual audience. Yes, Chair, we have Sloan folks.

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Mr. Folks, you can unmute yourself.

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good morning uh chairman bergman cba morning i would like to my name is sloan folks uh

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office of councilman maria canada sanchez sloa any fs and fire oil chaos i would like to hold

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off our response uh if just to see if there's anybody when you swear let me let me swear okay

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okay you swear a firm to tell the truth the whole truth and nothing but the truth

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I do, sir.

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Thank you.

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We would like to hold our testimony just to see if there is anybody from the community that is present that would like to testify prior to our testimony, if that's possible.

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You can.

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Is there anyone in the virtual audience that wants to testify relative to this?

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There's no hands at this time, Chair.

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No hands, Mr. Folks.

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Okay.

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Okay. Our office was available at the community meeting for this property. Unfortunately,

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the coordinating RCO, Esperanza RCO, did not send us a letter. And unfortunately, we did not receive

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any supporting letters for the VAERS request from the appellants. What we did receive is letters

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in opposition of the variance request to our office.

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We received three, actually.

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I'm going to just mention one.

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One was from the Feltonville Community Organization.

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Their president, Maria Vivier,

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she cited a number of issues that she had

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with the variance request.

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And she was at the meeting.

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The issues include increased traffic congestion if the variance is supported, decreased residential parking, overflow parking because of the lack of parking when the auto retail opens,

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use of the fire hydrants for detailing and auto services as being problematic, and that's

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happening now. So while the RCO has not submitted a letter in opposition or support, our office

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does have concerns um we would like to see the concerns addressed um we would like um to to know

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what um mr safuto's we would like to know if they if the rco did have any um uh provisos and mr

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uh provisos and mr fruto answered that as best as possible what they were but given those things

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groups of people to answer that as best as possible what they

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our office at this present time can't support this variance request thank you mr folks

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planning commission thank you chair bergman ian eggerty for the philadelphia state planning

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commission comprehensive plan recommends a zoning map change to cmx 2.5 at this location

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the present zoning is CMX2. Proposed use not permitted in the existing or the recommended

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zoning district from the comprehensive plan. And members of the board, we have not heard any

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evidence from the applicant's attorney that there's any physical hardship, unique physical

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circumstances or conditions of this property. The structure that's on the lot doesn't prevent

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a conforming development here or really limit the owner to the proposed use in any way.

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And so the city planning commission recommends that the board deny the variance. If the board does decide to grant a variance here, we would ask the board to consider two conditions. One, that the use permit be limited to a term of three years, and two, that no body work or spray painting be permitted in conjunction with this use. Thank you.

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MI 2021-003-289-101 West Wyoming Avenue. I vote no.

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Ishmael Shaheed, vote no.

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Mr. Holloman?

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Attention.

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I'm sorry, I'm having a problem.

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Fire alarm went off in my billboard.

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is being verified okay can we get a vote for just this case and we'll pause for a minute

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yes my judge is yes the fire alarm has been activated in this building

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thank you thank you um so we need three votes

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excuse me we're going to have to re-vote this case after another board member has

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the opportunity to view the video.

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It's been activated in this building.

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Thank you, Kelly.

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Can you give me a second, please?

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Can you hold?

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Do not use elevators.

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Can you hold just a second?

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Sure.

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While we're holding for Mr. Holliman,

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do you think we can ask any attorneys

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that want to present if they can leave

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Zoom and come back in?

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Because I made some changes to the account

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and they might not take effect until people

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come back in.

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Okay, let me, give me one minute.

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Sure.

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That concluded our hearing?

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Yes, you're concluded.

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Thank you.

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Thank you, Chair.

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Have a good day.

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Thank you.

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Pauline, you see my share, right?

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Yes, I do, Tanya. Okay, so it is working. Good. Did you even go back in? No. Okay.

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I'll see if I can get an attorney.

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Why don't we call the next case and let Henry Clinton do it?

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No, Chair, we have to wait because we need a full quorum.

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Okay.

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Excuse me, Tonya.

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Attention, attention.

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Can you contact me offline?

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Yes.

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Thank you.

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Um, chair, I would ask, could we have a 10 minute break?

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Sure.

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Sure.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Hi, Chair, this is Tanya.

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We're on a 10-minute break.

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We're waiting for Mr. Hallamann's fire alarm to go off.

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In the meantime, may I request that Mr. Zinjin be promoted to a panelist?

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Mr. Zinjin, if I could use you as a guinea pig and see if you can share your screen because

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we're having so many technical issues, I would just like to do a test with you.

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And staff, could you please promote Mr. Zinjin?

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Thank you.

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Good morning. I'm going to go ahead and try to share.

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Thank you, Zen.

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You're welcome. Now, it's still saying host disabled participant sharing on my end.

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Okay, Zen, would it be an inconvenience for you if you could just go out while we're on the break and come back in? I promise we won't discuss anything while you're going.

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No problem.

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so if you can totally go out of zoom and come back in and then we're going to see because

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it's some kind of technical glitch that we're having okay no problem thank you

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Thank you.

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Thank you.

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Tanya, did he come back in?

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Yes, Chair, he's coming back in now.

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Hello.

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All right, let me try again.

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it's saying the same thing host disabled participants screen sharing okay well thank

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I actually registered just to be sure, but it was showing the same.

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you so much registered just to be sure but right it was showing the same

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Yeah, we're just having some issues.

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Thank you, Zen.

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You know, I always appreciate you.

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No problem.

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My pleasure.

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All right.

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Okay, staff, can you demote him?

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And Chair, if I could make a recommendation that we just move forward with the cases just during the presentation without the video, but again, it's always your call.

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I think we have to move forward.

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Thank you very kindly.

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So once I hear back from Mr. Holloman, I'll brief you.

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Okay, thank you.

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Mr chairman glad to hear you thomas yeah uh sorry about apologize no you can't you can't do anything

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about that thomas i'm back online thank you all right thank you tanya we are ready to go forward

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chair thank you for your indulgence sure okay mi 2021 003 338 13 11 north 60th street rco letter of

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support. Henry Clinton is the attorney. Good morning, Mr. Chairman. Henry Clinton here for

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the applicant. Henry, do me a favor, spell your name for the court reporter. Sure. Henry, H-E-N-R-Y,

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Clinton, C-L-I-N-T-O-N, 1313 South 33rd Street, Queen Memorial Building, Philadelphia PA, 19146.

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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. Mr. Holliman has a few questions for you.

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you agree to the reading and stipulate to his accuracy i do we did receive all the documents

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and the rco letter thank you mr heilman proceed i'll try to share the screen okay it still says

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host participant is disabled we're having a problem with that okay i'll just walk through it

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so uh my submission package which was provided uh four or five days ago contains table of contents

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AA through A10. I won't read every one since it's a matter of public record. I have the refusal,

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which is, this is an RSA 5 zoning district, just this particular house. The rest of the block,

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as I'll show you on the zoning map, is RM1. And the request was for a three-family dwelling

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in this property. We met with the community on two occasions, and we downsized the application

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from three to two at the suggestion of the community group. And in light of doing that,

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reducing the count by one unit, there was a letter of support dated November 14, 2021.

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There was a letter of support dated November 14th, 2021, in support of a two-family dwelling.

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And that is attached with my exhibit package.

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I have photographs, aerial photographs, which you can't see, but basically on 60th Street,

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every property to the north of my property, and there's about, excuse me, of my client's property,

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about 15 to 20, are in the RM1 zoning district.

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I also have an aerial map, which is color coordinated, showing that on this particular side of the block, there are three and four unit dwellings already, about five or six on the block.

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I also have photographs of three properties, 1329, 1331, and 1333, showing respectively that each one of those properties has two or three meters and three mailboxes on the front of the property indicating multifamily use.

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I also have photographs of the interior of the premises. I also have a rough floor plan, tax certification. And what the key document really is, is the zoning map. And if you were able to see it, you would see that on 1300 block of North 60th Street, that encompasses approximately 18 homes.

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Every home is zoned RM1.

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And for whatever reason, my client's property at the end of the row is zoned RSA5, which

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resulted in the refusal.

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Had it been zoned RM1, I would not even be before the board today.

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So basically, we have a change in use, not much of a change.

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If you look at the zoning refusal, again, if you could see it, in 1964, this property

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was approved for a triplex.

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but again we're coming before the board with the support from the community simply for a duplex

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my client is alan dotty he was on the call by phone but i don't know if he's still on or not

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mr chairman excuse me mr clinton according to the deed the owner is a corporation sabog is that

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correct correct sabog rentals llc and alan dotty d-a-d-i is the managing member of that llc

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Thank you.

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Mr. Clinton, if he's not on, will the testimony

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is fine?

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Yeah, I would represent that my client would adopt my testimony if he were on the call.

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Okay.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Thank you.

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