civus
Hearing video

ZBA Hearing - November 2, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 2, 20214h 17m

fact that they previously approved this project in 2006. Here's our notice of refusal in 2006

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along with the letter from the Fishtown Neighbors Association, again, supporting this same exact project.

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Maps of the area, again, we're in the heart of Fishtown.

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We're on the corner of Susquehanna and Livingston.

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The lot size is 9,279 square feet. The size of the combined buildings is over 13,000 square feet.

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The lot size is 9,279 square feet.

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And we're only looking to put three units in there with off-street parking and to allow Dominic to use his studio in the main sanctuary where he lives.

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Maps of the area, photographs of the property, again, beautiful structure that he's maintained over the course of his ownership.

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uh street views on east susquehanna avenue to left and right of the property

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livingston to uh the left and right of the property and then our plans and drawings oops

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so here's just our site plan uh you know here's our off-street parking here's the main sanctuary

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and here's the adjoining structure which has two of the units the main sanctuary has

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where Dominic lives, and he has his studio there as well.

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And then there's just detailed drawings of the main sanctuary,

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which is a substantial structure, again, where he lives and does his business.

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Our application for appeal that we followed with the ZBA,

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along with our notice of refusal, our project information form.

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And then we met with the Fishtown Neighbors Association some time ago.

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We just had to do some cleanup and trying to make sure that the parking space was properly reflected on our application.

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We gave notice to 251 neighbors at Dominic's.

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And our detailed property is showing that Dominic is the owner of the property.

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He's owned the property since 2004.

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With that being said, I'm going to stop sharing my screen, and I would ask that Dominic virtually raise his hand so he can adopt my testimony.

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So, Dominic, please identify yourself for the record.

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Hi, my name is Dominic Episcopo, D-O-M-I-N-I-C-E-P-I-S-C-O-P-O.

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You sir, do you want to tell the truth, the whole truth for nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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Oh, yes.

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Dominic, you heard everything I stated today.

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Yes.

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And is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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All right.

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Thank you.

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Thank you.

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Any more witnesses?

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No, there's not.

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Thank you.

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Does the board have any questions?

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No, Mr. Chair.

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no thank you uh anyone else that would like to testify

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i see no hands chair thank you planning commission good afternoon uh this is

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greg waldman from the planning commission staff the comprehensive plan recommends no change to

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existing residential single family use i was at zoning sorry at this location the proposed use

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is in accordance with the district plan recommendation to accommodate adaptive reuse

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options for underused places of worship the city planning commission recommends that the zoning

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board grant this variance thank you mr chair before you vote i would just ask for proviso to

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reference the updated refusal dated august 9th of 2021 yep will do okay so that means calendar

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Count the number MI 2020-003416, 1345 East Susquehanna Avenue, my vote is yes as per

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amended notice of refusal dated August 9, 2021.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Thank you, good luck.

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Thank you.

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Counting the number MI-2021-001113, 2000 South 12th Street.

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Mr. Derizio is coming back in as a panelist.

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Thank you.

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Good afternoon, Mr. Derizio.

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Please identify yourself for the record.

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Yes. Good afternoon, Chairman, members of the board. Raymond D'Orizio, 2 Penn Center, Suite 520, Philadelphia, PA, 19102.

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I'm here on 2000 South 12th Street, and that's calendar number MI2021001113.

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Thank you. You spell your name for the scenario, please?

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Thank you. You spell your name for the sonographer, please?

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Yes. First name, Ray.

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Yes. First name Raymond, R-A-Y-M-O-N-D.

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Last name Dorizio, D-O-R-I-Z-I-O.

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Thank you, Mr. Dorizio. Do you swear or affirm to tell the truth, the whole truth, for nothing but the truth?

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I do.

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And do you agree to waive the reading of its refusal and stipulate to attack her scene?

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Yes.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance,

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copy of the refusal over for photos and plans five days prior to this hearing yes and have

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you met with the rco and have a letter we have yes thank you please proceed sure thank you i'm

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just going to share my screen if you just give me one second i will grab that from my

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uh sorry my ipad if you just bear with me one second

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Maybe I should do this from my laptop next time, but okay.

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All right. So this is basically 12th and McKean Street. This property is on the southwest corner of 12th and McKean.

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And my client is not the owner of the building, but he is the proprietor and he is seeking to open a takeout restaurant pizza store there.

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This is a zoning map. There are some CMX one buildings are on the corners of the property.

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This is a photo. My client's property is to the far right there on the corner.

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that's the 12th street side it's owned by Mr. Lou my client has a five-year lease

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with the property here's a copy of his lease he's going to be leasing it for five years

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so he can do his do the restaurant here's the copy of the plans just going to be the first

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floor he'll have the basement here's a here is a photo of the McKean street side basically as

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you see under the steps going up to the second floor there's a little fenced-in area where my

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client can you know store some trash until that he's going to have a private pickup doing that

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this is McKean Street looking east towards 11th so there there are some other businesses but no

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restaurants around it's formerly was a restaurant like convenience store corner store many years ago

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are called JoJo's. This is 12th Street looking south. Inside the property, it's kind of a mess,

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but there's equipment all over the place. My client hasn't really taken any action to get

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anything straightened up yet until the zoning is decided. But there is equipment there, pizza oven,

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stove and range, and other items. These are photos of the basement where I'll have storage,

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refrigeration. We have some utilities there. We do have a letter from East Pass Junks Crossing.

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We did meet with them. They support our petition. My client, his hours of operation are going to be

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around 10 to 10. It's going to be purely takeout, no indoor eating. He's going to have pizza,

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sandwiches, cheesesteaks, pasta, things like that. He's been a chef and a cook for many years.

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So this is something that he's looking forward to do, and hopefully he can get, you know, the corner brightened up again and get the property in order.

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And he is on the call, and he would verify my testimony.

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He's available?

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He is.

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Mr. Romero, do you hear us?

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If he could raise his virtual hand, please.

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Mr. Bomero, if you can hit the raise your hand button, please.

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Okay, he's been allowed to speak.

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Okay, very good.

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Okay, Mr. Bomero.

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Can you file yourself for the record?

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Yes, can you please identify yourself for the record, spell your first and last name?

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Yes, my name is Bomero Medina.

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can you spell it yes as a b-u-l-m-i-r-o medina's m-e-d-i-n-a thank you you saw affirm to tell

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the truth the whole truth for nothing but the truth yes sir thank you please proceed okay

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mr medina did you hear my presentation and testimony to the board yes okay and was it

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Okay, and was it truthful and accurate?

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truthful and accurate.

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It's a truth.

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It's the truth.

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Okay, and would you adopt it as your own?

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Do you adopt it as your own?

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Yes.

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Okay, very good.

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Thank you.

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And I have nothing further, Chairman.

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Thank you.

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Does the board have any questions?

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No, Mr. Chairman.

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Thank you.

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Anyone else that would like to testify on this matter?

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Yes, we know he is here.

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Thank you.

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Planning Commission.

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Good afternoon. Greg Waldman, Planning Commission staff.

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The comprehensive plan recommends no change to the existing commercial mixed-use

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one zoning at this location. This property has had established use as a food-serving business

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with documented licenses dating back to 1998, which is what we found, or potentially earlier.

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We believe that the proposed takeout restaurant would not alter the essential character

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of the neighborhood. Accordingly, the Planning Commission recommends the variance request be

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granted. Thank you. Calendar number MI 2021-001113, 2000 South 12th Street, my vote is yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes. Thank you. Good luck.

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thank you have a good afternoon you too uh real quick before we go into number four

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there's been a request for uh three continuance real quick let me read that uh into the record

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calendar number mi 2021-002655 2315 north 10th street also calendar number mi 2021-002656

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546-2307 North 10th Street and MI 2021. That is 002-546-2303 North 10th Street have been requested.

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It's been continued by attorney. Hi, Chair. This is Tanya, the administrator. We do have Mr. Ward

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Ward with his hand up, but if you would allow him to speak to these cases.

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Sure. Mr. Ward, good afternoon. Please identify yourself for the record.

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Good afternoon, Mr. Chairman. Sean Ward, S-H-A-W-N-W-A-R-D, attorney for the applicants

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in these three matters, and I just wanted to confirm that that is correct.

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Mr. Ward, you swear to affirm and sell the truth, the whole truth, for nothing but the truth?

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Yes, I do.

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Thank you.

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just just confirming that we did in fact want to continue these cases thank you so noted have a

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good day okay thank you you're welcome all right next one up it's uh mi 2021-003186 2039 east york

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Street. Mr. Whalen is coming back in as it ends. Mr. Whalen, good afternoon. Please identify

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yourself for the record. Sean Whalen, W-H-A-L-E-N. Thank you. You're still on the oath, is that

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correct? As far as I know, happy to swear in again if you want me to. Thank you. You agree

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to waive the reading of its refusal and stipulate to its accuracy? Yes, I do. And have you emailed

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an exhibit packet with the required documents, proof of ownership, proof of tax compliance,

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copy of the refusal or referral, photos and plans five days prior to this hearing? Yes, I did.

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And have you met with the RCO and have a letter? Yes, we do. Thank you. Please proceed.

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Thank you. And I am very happy to tell everybody that I've got a much easier case in front of you

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this afternoon than I did this morning.

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We're more happier than you.

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So this is 2039 East York.

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Just to give you an example of where we're at, it's this property right here.

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My clients purchased it about six years ago.

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It is this one right here, an existing single-family home.

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As you can see, this is a mixed-use area.

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there's a number of properties up and down each of these blocks that are multi-family uses.

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Contextually, these vacant areas right here, this is an older photo. You can see it's from 2020.

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These are very large multi-family developments now, as are just off the screen up here and

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another project over this way. So that was just for context. It's this property right here.

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The application involves no new construction. It is an existing single-family home, and we are seeking to, again, RSA 5.

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And we are seeking to, again, RSA 5, and we are seeking to convert it to a triplex.

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Here's the one refusal we have.

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Again, there's no new construction.

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The property owners, husband and wife, are seeking to convert this to a triplex.

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There's a picture of it, and I can walk through the rest of the neighborhood.

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Essentially, Ramtin Sanikattam and Parida Mogadam, husband and wife, have lived here for about six years.

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They purchased the property and have always intended on bringing Parida's parents over from Iran.

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And now is the time that they're able to do so.

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And they are intending on continuing to live on the first floor.

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They will be turning the second floor into a single family unit for their in-laws and

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their parents, respectively.

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And the third floor will be a small 600 square foot one bedroom unit to kind of allow them

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to do this, make this reconfiguration internally and try to bring their parents over from

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Iran. And I know that Mr. Seneeketam is on the call, so he can speak more to that.

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But essentially, that's our one issue. So we did get a letter of opposition from ECNA. However,

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I would note the opposition was seven to six, and one person voted in non-opposition.

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um we learned of this vote uh so essentially it was a split room we learned of this vote

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only last thursday uh since that time my clients um started going door to door and they had

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actually um all they have spoken with all six people uh all six people who voted in favor

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reached out to them and uh there are actually two other people who voted in favor but apparently

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their votes were not counted. They voted after the meeting via email. So they thought they were

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doing it correctly. That is Jackie and Santo Perez. And so just in the last four or five days

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that we've known about the opposition, my client went and again, just in very short time, was able

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to pull, and I'm happy to focus on any of these, 11 additional signatures just from

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