civus
Hearing video

ZBA Hearing - February 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 14, 20245h 47m

and you can see very faintly uh there actually is written on here 1638 b and 1638 a so um you know

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you can see the multifamily history here this is to the right of the property on 56 to the left

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here's the plans and drawings so the basement's down near the bottom tenants won't have access

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to that i'd focus your attention here to the first floor um you can see an entry point where

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my mouse is right here. We have a two bedroom, one bathroom unit going all the way through to

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the rear. You can see that exit point from the rear to the rear yard right here. Unit two enters

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from that shared porch as well, but they have their own entrance where I'm circling here. They

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would enter through this door, go up the staircase. They have a very similar unit up above with the

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rear staircase leading down to the basement. Here's the RCO meeting notice and the email

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and when those notices were delivered to the community groups. 152 properties in total were

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notified. We have the mailing certificates here. Our application for appeal.

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Here's the deed to the property showing J&K Vincent Enterprises LLC as the owner.

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And finally, is our Certificate of Tax Clearance showing no real estate taxes owed on the property.

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With that, I'd like to call Ms. Vincent to adopt my testimony.

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Okay.

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Jessica Vincent has been allowed to speak.

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

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Jessica Vincent, J-E-S-S-I-C-A, last name Vincent, V-I-N-C-E-N-T.

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

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I do.

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Please proceed, counsel.

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Hi, Ms. Vinson. Did you hear my testimony today?

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I did.

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And was it true and correct?

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It was.

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And you adopted as a lawyer of?

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I do.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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No.

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there are no hands chair planning commission

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good afternoon chair members of the board this is greg waldman greg waldman from planning

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commission staff um in 2019 the zoning map was amended from residential multifamily to single

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family residential at this location in accord with recommendations from the comprehensive plan

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the proposed use is consistent with documented prior use of this property

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and it's used as a duplex consistent with nearby properties.

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The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you.

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MI 2023-006-505-1638 South 56th Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Mr. Goldberg, are you doing Bainton Street?

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I'm not. I'm going to pass that one off to Alan.

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I'm not. I'm going to pass that one off to Alan.

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Thank you.

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Thank you. Thank you.

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Thank you.

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Thank you.

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Thank you.

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Number

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Number four, MI 2023-004-039-6223, Baton Street.

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There's a recommendation of support from Faith CDC with a proviso of commercial trash pickup.

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So, Councilperson Bass is in non-opposition with any applicable provisos.

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Mr. Nockamson.

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He's been promoted to panelist.

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Thank you.

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Yes, good afternoon again, Mr. Chairman.

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Nockamson, just mentioning your name, please.

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Alan Nockamson.

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Could you identify your client, the relationship to this property?

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yes my client is progressive management and development llc and then the virtual audience

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is quinton bosman uh one of his members okay and uh mr hallman has a few questions

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good afternoon counsel do you agree to waive the reading of the refusal and stipulate to his

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accuracy i do did you email all the exhibits and documents as required five days in advance to this

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hearing? Yes, we have. Thank you.

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Please proceed and share your screen. Oh, one of the things in terms of the accuracy

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of the refusal, I would actually object. I'm just looking at the refusal again

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now, and we'll go through our presentation. We actually have off-street parking

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as part of our project, and we'll review that, showing an existing

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curb cut along with a garage. I'll start

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my presentation.

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This is 6223 Bainton Street. As indicated, we do have support of the community. I would have to say

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this is one of the stranger type of zoning matters I've dealt with. We currently have

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a temporary variance for four-unit dwelling, which my client then did the work for

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for that property. And now we're seeking a permanent variance. But, you know, my client

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did the work for the property based on the temporary variance they received a few years ago

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and did the work. So in terms of the standard of undue hardship, I definitely think we've met

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that burden. There's also legal doctrines such as vested rights and variance by estoppel as well.

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You know, my client detrimentally relied on the temporary variance. I did not represent him at

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the time. I've never seen a temporary variance in terms of a use for, you know, again, this is an

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RSA3 structure. I don't know how that happened, but I'm just here to progress this and hopefully

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get a permanent variance. I don't know what my client would do if they didn't get approval.

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So we'll review the notice of refusal. Like the chairman stated, we do have course limits from

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the Faith Community Development Corporation, which shows support for this project. There are some

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provisos that we can go over. Some of them are enforceable. Some of them are not ones you would

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do by way of proviso. Property history, which shows that this has been approved as a four-unit

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dwelling on a temporary basis. Nearby RSA multifamily, so what we're asking for is not

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out of character in a neighborhood. Maps of the area, photographs of the property

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and the surrounding area, our plans and drawings, our RCO meeting notice. We met a few times with

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the community, and I think came up with a reasonable project in the sense of explaining

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better, you know, how we got here. Our application for appeal or deed to the property or certificate

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of tax clearance. And then, again, Quinton Bosman, the owner's rep, should be virtually

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online. So the notice of refusal is this. And as you can see from the notice of refusal,

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The ZBA granted a variance for a four-family dwelling in an existing structure, but for whatever reason, only provided a three-year temporary variance.

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Never seen that before.

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So what we're asking for is to put it on a more permanent nature, and we're not changing anything about this project that's not there currently.

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We're not asking for any dimensional variances.

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Other than the use variants, we do have a variance request for parking where it says require three parking spots, propose none.

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I would object to that, and you'll see from the drawings that we do have off-street parking here.

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So correspondence, and it's really, really small, and I'll expand it out, but it was unanimous support.

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There were some provisos.

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We have no issues with commercial trash pickup as a proviso.

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So they just say professional trash removal.

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professional trash removal. I assume that means commercial trash pickup.

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I assume that means commercial trash pickup.

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We're storing the trash, you know, outside as well. That wasn't a proviso that they requested,

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but, you know, we would agree to that. There is ample space to store the trash outside.

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They want the property manager to put like information on the property. So in case there

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are issues with the property, again, no issue with that. It's just not an enforceable proviso.

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And they wanted a community benefits agreement for us to donate to a feeding program of their choice.

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No objection to that.

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Again, not enforceable.

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My client has agreed to that.

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We're just waiting for the program they want us to support.

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I think that's about – they did mention about parking.

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There is parking in the rear.

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There's a garage with a driveway as well where we can fit a total of two cars.

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They wanted us to expand that driveway, which would exceed the scope of this use request here, variance request.

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Also, like in order to expand the driveway, we would be increasing the curb cut, taking another parking spot off of the street.

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And, you know, I think we're disinclined, you know, to do that additional work because, again,

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Again, they're taking a parking spot off of the street, and it exceeds what the board agreed to allow us to do many years ago by way of a temporary variance, which we're hoping to make permanent.

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So because of the support of the community, the Councilwoman Sidney Bass's office also has no opposition to the granting the variances, given the provisos that we would agree to.

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And then the property history here, as you can see under calendar number, I can't say 26922, this board granted a three-year temporary variance on the quadplex.

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And all we're trying to do here is to permanently legalize that use.

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And then nearby multifamily, you know, one of the closer streets is East Washington Lane.

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And, you know, at 105 East Washington Lane, there's an RSA property that's multifamily, 102 East Washington Lane, the same, 134 East Washington Lane.

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Next door to us, essentially, 6217 Bainton Street is, excuse me, this is our property.

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No, this is the front of the property of a nearby multifamily.

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And then just to show where we are in the neighborhood, we're the corner of Maryland and Bainton Street. We're near a commercial corridor on Germantown to help support that commercial corridor. Density is always a helpful thing to do.

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And again, this is where we're showing that we're close to that commercial corridor and we're at the corner of Bainton and Maryland.

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And again, our lot size is pretty extreme in terms of largeness. Our lot area is 3,832 square feet. So having full units on this property makes sense from a planning perspective.

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perspective. Pictures of the property. This is the front of our property on Bainton Street.

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Just watch the eye of what we've done to date is to have nice fencing. We completely cleaned up

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the facade and the windows and from an exterior perspective, the roof. And obviously, we've done

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a lot of work inside based on that temporary variance that was granted some time ago.

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This is Bainton Street from Maryland Street. I wanted to specifically focus the board's attention that there is off-street parking right here, even though the refusal states otherwise.

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And, you know, ultimately what the community would want is for us to concrete out like a living area or outside area for the residents to concrete that out,

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expand our garage structure and add additional parking

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and provide less of a buffer to some of the residential use here,

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which we don't think is effective, especially since we would have to expand out

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the curb cut here, too, which would take another parking spot off of the street.

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Then this is our proof of posting

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for today's hearing from both

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Maryland as well as Maintain Streets.

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And then this is what the property looked like in 2019.

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And I think everyone in the community would agree that this was a dilapidated property

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that we completely fixed up after we received approval from this board.

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And this is Bainton Street to the right of the property, Bainton Street to the left of the property.

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And this is Bainton Street to the right of the property, Bainton Street to the left of the property, Maryland Street to the right of the property, Maryland Street to the left of the property.

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And there are plans and drawings, pretty basic. There's no basement living here. There's no roof decks. You go through the front door. There's a two bedroom, one bath.

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You go into the rear of the property, which has a separate entrance, and that's a studio.

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You go up to the second floor of the main building, and the second floor has another two-bedroom, one-bath.

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And then the third floor has its own two-bedroom, one-bath.

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Again, we didn't change the building footprint in any way.

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The board did grant a temporary variance some time ago, and we're just trying to make it more permanent in nature.

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so we met with the community on february 1st that was the second meeting

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we emailed uh the community notice to the coordinating rco charles richardson and other

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rcos on january 18th 98 addresses were mailed the notice two weeks before the meeting and these

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a list of addresses, proof of mailing to those addresses, or application for appeal that we

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filed on behalf of Progressive Management and Development, LLC, along with the notice of

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refusal and the project information form, our deed to property showing that our client owns the

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property, and then finally, the certificate of tax clearance. There is a balance owed, but it's owed

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for this tax year, and those taxes are not yet due. With that being said, I would ask that

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that Mr. Bosman virtually raised his hand and be sworn in.

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Mr. Bosman, can you raise your hand, please?

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I know that Mr. Bosman had a family issue.

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A family member had to be rushed to the hospital.

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So he said that he may not be able to attend.

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So, Mr. Nockamson, obviously, we will take your testimony as an officer of the court.

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thank you questions from the board no mr chairman no chair questions or comments from our attorney

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hillary emerson excuse me just briefly mr chair um mr knockamson you indicated and i think the

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refusal was also incorrect where it said only three spaces were needed i think it's technically

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four because you're proposing four units um i i would just like to take this back to l and i

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to see how many that they would agree are existing there definitely one i can see that that garage

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has been there for a while based on the historic photos um i don't know if they would agree to two

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you may that may require a separate application for the the second one because they might need

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dimensions or whatnot but i do um i do just want to take this back to l and i to confirm um and to

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have on record at least the at least one parking space um so that that is in the record i'm not

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sure why it wasn't previously um since it has been there so yeah the only thing is is that we

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can't do it by way of an amended refusal but right right yeah you can't add right yeah so

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they should have recognized the one at least for for the garage so that's what i'm going to check

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with them because i have seen them do that in in the past so i just want to make sure

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that the existing parking space is acknowledged um and if you you know need to add or want to add

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a second one in the future or if they i mean they may even recognize it but i do want to just check

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with lni so that the current conditions are appropriately documented yeah mrs emerson if

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you look at my present yeah if you look at my presentation packet too um for whatever reason

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it's the one the refusal the zoning permit for the temporary variants did not reference that

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parking either so i don't know if it's no yeah yeah no and in the application i looked at the

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records it even said no parking on lot which doesn't make any sense because that if you look

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at the historical photos you can see the parking has been there so that's why i want to make sure

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this is correctly documented since the parking is required so if you could just bear with me

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um it will vote on this next week because i just look so we'll probably add a provide though just

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clarifying the parking situation um on that well thank you all right you're welcome so questions

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or comments from the virtual audience excuse excuse me chair yes charles richardson hands

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hand up okay sure mr richardson you've already been sworn just for the record state your name

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