civus
Hearing video

ZBA Hearing - September 20, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 20, 20223h 36m

how's the audience look tanya

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they're coming in slowly okay

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Okay, Chair, we're at 46. You can begin as you wish.

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Good morning. My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is Carol Tenere, our vice chair.

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Present Mr. Chairman.

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Ishmael Shaheed, our board secretary.

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Present Mr. Chairman.

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Thomas Holliman, our board member.

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I know he's here.

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And James Snell, our board member.

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Present Mr. Chairman.

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Also with us is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.

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Before we begin, here is our virtual format.

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Be advised that proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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The video will be available by contacting tanyasunkit at philip.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and address to the property in question.

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And finally, the question answer box on the screen is not for comments or testimony.

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Any comments have to be directed to our Executive Director, Tanya Sunkett.

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Let's look at this morning's continuances.

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Number two, MI 2021, 004-544-4900 Reno Street.

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That case is continued.

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And number 15, MI 2021-001-971-6443-49 Van Dyke Street, that case is continued.

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Is there anyone in the virtual audience who has a comment relative to those two cases?

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Okay.

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are there any other requests are there any other requests for continuance

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i see no hands chair are there any requests for withdrawals

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i see no hands chair thank you we're going to go to case number one

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am i mr chair i'm sorry this is hillary can um we call up the two um ridge avenue cases

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oh sure first yes so we have two cases that are appeals against l and i

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number 10 mi 2022 004 653 66 49 ridge avenue and number 12

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12 MI 2022-004-565-6778-84 Ridge Avenue. Mr. DeMarco is the attorney.

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Mr. DeMarco is coming in now as a panelist.

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good morning everyone all right mr demarco state your name please and spell for the court reporter

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richard demarco uh d-e-m-a-r-c-o all right do you swear for him to tell the truth the whole truth

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nothing but the truth yes hillary don't we have a city attorney that's getting on too

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yep we have we have two we have uh mr reuter and miss davis okay they're both in both of the men

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miss davis can you raise your hand please yes i'm in

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Ms. Davis, can you raise your hand, please?

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Yes, I'm in.

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Good morning, Ms. Davis.

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I'm sorry.

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Good morning, Ms. Davis.

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

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Yes, good morning, Desjane Davis, on behalf of the city of Philadelphia.

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For the record, that is D-A-V-I-S.

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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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Yes, I do.

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Are we ready to go?

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Chair, I'm sorry. This is Tanya Chair. Can we ask to have her spell her first name?

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Yeah, please spell your first name, please, Ms. Davis.

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D-E-S as in Sam, J as in John, E as in elephant, N as in Nancy, E as in elephant, E as in elephant.

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All right, thank you. Hillary, are we okay to go?

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Mr. Ruter, are you speaking as well? Do you need to be sworn in?

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Um, no, I, I, well, I have a case later, but, uh, not, uh, Ms. Davis will be handling these

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two.

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Thank you.

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Thank you.

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Proceed, Ms. Davis.

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Yes.

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Um, good morning again.

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So with regards to the properties located at 6649 Ridge Ave, as well as 6778 Ridge Ave,

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um, the parties have stipulated to the ZBA granting the appeal against the Department

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of License and Inspection, also known as LNI.

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okay thank you hillary we don't have to vote do we uh yes we we do need to to vote still

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and mr demarco did you did you want to add anything no uh i want to thank the law department

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for uh for reaching this agreement uh and it's on both cases by the way mr chairman but we can

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do one at a time i'm going to read both when i vote okay yeah and we agree to the to the stipulation

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as to Len's email, and I thank Len and Desmond Nye.

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So MI 2022-004-653-6649 Ridge Avenue, and MI 2022-004-565-6778-84 Ridge Avenue,

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I vote appeal granted.

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appeal grant my name is carol tenary i vote to feel granted thomas holliman my vote is appeal

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granted james snell my vote is appeal granted ishmael shaheed my vote is appeal granted

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thank you everyone thank you thanks everybody i appreciate it so we're going to go to case

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number one, MI 2021-004-548-4306-08 Parkside Avenue. The attorney is Darwin Bovee, and also

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the attorney for opposition is Steve Master. We have letters of opposition from the East Park

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Civic, East Park Residence Association, and we also have letters of support from the Business

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Association. We also, Councilwoman Gossier's office is also in opposition. Mr. Bove and Mr. Master.

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They're both coming in now as a panelist here. Thank you.

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Mr. Chairman, members of the court. Good to see you.

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

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Yes, Darwin Beauvais. That's B-E-A-U-B-A-I-S. Counsel for the applicant. I'm located at 1500 Market Street, Suite 3500E, Philadelphia, Pennsylvania, 1910.

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All right. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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All right. Is Mr. Masters on?

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Yes. Good morning, Mr. Chair, members of the board. Steve Masters with the law firm of JustLaws. I represent two RCOs, East Parkside Residence Association and Centennial Parkside CDC.

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Could you spell your name just for the record, Mr. Masters?

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Sure. S-T-E-V-E-M-A-S-T-E-R-S.

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

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I do.

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All right. Mr. Beauvais, we'll start with you. Could you identify your client and the relationship to the property?

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Yes. My client is German Jakubov, and he should be somewhere in the Zoom ether. He will be one of my witnesses. I also have a witness, Salim Lucas.

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okay also be all right so our advice our vice chair carol tenere has a few questions

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So our vice chair, Carol Tenere, has a few questions.

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Good morning.

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Have you emailed the exhibit?

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Do you agree to wait the reading of refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral,

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photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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Yes.

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Thank you.

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You may proceed.

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I just wanted to put an objection on the record

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that the tax, there is no tax clearance

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in the exhibit binder that was submitted by the applicant.

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There is tax compliant and I'm glad you mentioned that.

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But however, it's my time and Mr. Chairman,

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members of the board, I too want to start off

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with an objection uh uh counsel for the opposition actually submitted their uh materials in less than

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the five-day requirement uh so i would say uh and they further exacerbated that by sending material

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at nine o'clock last night so i i do ask that the board before we start uh actually

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and agree that any of his exhibits

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or because they were out of time

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cannot be used in today's hearing.

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Hillary, when did you receive it?

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Do we know when you received it?

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Mr. Chair, I have to double check the dates.

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I know there was an additional cover sheet

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that I received last night.

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There were exhibits submitted prior to that

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by Mr. Masters, but the board policy has been that exhibits by opposition can be submitted

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after the five-day window, recognizing that the opposition may want to submit

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exhibits reflecting what was in the exhibit packet submitted by the applicant. Typically,

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I HAVE ASKED THAT OPPOSITION PROVIDE THEIR EXHIBITS AT LEAST 24 HOURS IN ADVANCE BOTH TO THE BOARD AND TO THE APPLICANT FOR REVIEW.

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ALL RIGHT, SO DARWIN, WE'RE GOING TO PROCEED.

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OKAY, I UNDERSTAND, BUT I WANT MY OBJECTION TO STILL STAND.

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WE UNDERSTAND THAT.

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AND JUST IN TERMS OF KEEPING THE RECORD STRAIGHT, WE'VE SPOKEN, I'VE SPOKEN TO DARWIN SEVERAL TIMES ON THIS CASE.

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He knew what was coming when, and we did submit our original exhibit binder five days in advance,

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but one of our new exhibits that was submitted yesterday was because of a retaliation that Mr. Bove's client did

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where he is evicting one of our witnesses who's a tenant in one of his properties,

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and that happened only a couple days ago.

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Why don't we proceed?

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Carol, you done with the questions, Carol?

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Yes.

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Okay.

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What do you have to share your screen?

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Yes.

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Okay.

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members of the board good to see you uh before you is a proposal that has undergone a significant

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transformation over the last several years of response to community feedback with the goal of

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enhancing a critical section at parkside avenue and belmont avenue in the city's east parkside

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section the property is located at 4306 parkside avenue in west philadelphia and it has a cmx

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to zoning classification.

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The property was historically used

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as a YMCA athletic field in the 1930s and 40s.

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There are no structures on this property.

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Famously, the Philadelphia Stars,

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a Negro baseball team played a home game at this location.

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And there's a historical marker directly across

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from the property marking the occasion.

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Now in 2005, a Memorial Park opened with the assistance

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from the Business Association of West Parkside.

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This included the installation of a mural

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located on the side of the adjacent property

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at 4304 Parkside Avenue.

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Although the lot is private property,

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the owner of the applicant here today

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in support of the community has agreed to move the mural

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with the help and guidance of the city's mural arts program by the property owners estimation this will cost about $90,000 to move the mural.

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with the help and guidance

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of the city's mural arts program.

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by the property owner's estimate,

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Now the project as originally designed in 2020 included 15 residential units with a commercial space and was issued refusals for rear yard, open area density and height.

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Now, the ZBA heard argument in May of 2021 and in June of 2021.

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The community mounted a significant but largely misinformed protest that was more targeted towards the developer himself versus the details of the project.

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And we can talk about that more later.

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The project was significantly redesigned in October of 2020.

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That person reduced the units to 12 from 15 with a commercial space. However, the refusals that were

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issued totaled six. They included roof deck access structure, rear yard, open area, high density,

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and as well as lack of bicycle spaces. Now, despite the reduction from the 2020 proposal,

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the community still remained unsatisfied. Accordingly, prior to presenting the case

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in October of 2021, the project was again redesigned. Now the project includes 12 dwelling

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units, no commercial space at the request of the community, and now only has three refusals,

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which now includes the lack of convenience space, rear yard, and density.

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And you can see that in our exhibit five, which I mean.

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Excuse me, Mr. Chair.

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I'm wondering if it would make more sense for when Mr. Bovee finishes his opening for me to give a counter opening

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so that you can understand the basic contours of our positions.

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and then he could go forward with his exhibits.

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Yeah, we could do that.

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Okay.

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Well, nonetheless, the exhibits are here.

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So our refusals right now stem, you can see from Exhibit 1,

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this board granted us leave to amend our application,

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which created the different refusals from October of 2021 to today.

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And as I mentioned, it's having the lack of commercial space, rear yard, and density.

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Now, we do submit to a hardship on each of these refusals, given the lock orientation, the physical limitations, and the context of the neighborhood.

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Now, with respect to rear yard, our hardship stems from-

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Excuse me, Mr. Bouvet, let's let Mr. Masters do his opening, and then we'll let you go into the details of your presentation from there.

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all right thank you go ahead steve um okay i'm going to um darwin can you um unshare your screen

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please. Good morning, Mr. Chair and members of the Board. Last time that the Zoning Board

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was considering this project in 2021, you wisely voted to deny the variances. The appeal

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