civus
Hearing video

ZBA Hearing - June 10, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 10, 20266h 49m

Yes. My name is Miguel Tapadej. That's M-I-G-U-E-L. Last name T. Tango A. P. Paul A. D. Delta A. S.

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right um do you swear or affirm that you will interpret accurately completely and impartially

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from english to portuguese and from portuguese to english

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i do okay so now we call the people here right so um

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curr curr curb mccurby rl ince

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it's a pennsylvania corporation listed and the applicant mr chair is uh sobeida velez

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sobeida release

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we have no exhibits for this

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person name so beta could you please raise your virtual hand

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can you just ask if there's anyone here for 60 58 castor avenue that's who we're trying to see if

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there's anyone here there are no hands raised at the moment thank you interpreter we'll

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Welcome. We'll continue. That's okay. Continue. All right. Yes. Um, to, to, um, 930 slot, 930, 2026. Right. Yes. Uh, well, sorry, to, sorry, but at 930, the time we continue it to, um, a list, a 930 AM list for, because there's an interpreter, 930 AM list you're saying. Yes.

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um that's that's not what he has but i'll i'll i'll do what you say right um mr hegarty is should

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we put this up on on september 30th at 9 30 yes please okay thank you all right so

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MI-2025-007-961-6058 Castro Avenue. This has been moved to 9.3026 at 9.30 a.m.

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Thank you. Interpreter, thank you so much for getting on.

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You're welcome. So that means I'm dismissed, correct?

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So you can just-

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Could you say what we just said?

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Yeah. Can you just interpret the new date into the record in case someone comes back?

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Absolutely.

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Thank you.

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Thank you.

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Thank you very much.

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you're welcome i hope you have a lovely day everyone thank you

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did jermaine get on

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number two mi 2025 005 417 11 10 wagner avenue jermaine harris is the attorney

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good afternoon uh board members uh my name is jermaine harris uh that's j-e-r-m-a-i-n-e

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h-a-r-r-i-s do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes i do could you identify your client a relationship to the property

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Sure. Evil Wiggins, and she is the owner of the property, and I am the attorney for Ms. Wiggins.

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Our vice chair has a few questions.

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Sure.

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Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?

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I have.

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Okay. And do you waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Okay. All right. Thank you. You can share your screen and proceed with your case.

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Sure.

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Is my screen shared?

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No. Okay. All right. Is it shared now?

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No.

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Okay.

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All right.

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Okay. Yes, sir. Okay. All right. All right. So this is regarding the property of 1110

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Wagner Street and this will be a brief presentation simply what my client is

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seeking to do is to legalize a porch a front porch that was constructed in front

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of my client uh in front of her property now this property she's owned this property since 2002 so

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she's been a long-standing member of uh the community so I'll just go with you through the

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exhibit my packet um this is the posting of the notice and what we are here for now this is what

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I was just talking about is to legalize this. It is 8 feet tall, 11 feet wide, and the depth

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is 12 feet so pretty much this is this is what we're talking about and the

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reason why my client got this is the reason why she did it is she wanted to

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have a place for her grandchildren to play not knowing of course that she

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needed to get the blessing of lni and that there was zoning uh that there was zoning considerations

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that she would have to go through and this is uh what it looks like i guess from from the uh inside

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of it so basically she would exit the front she would exit the front door and this is what it

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would be from this angle. This is the refusal and the plans basically just state exactly

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what i just said which is that it's eight feet tall 11 feet 11 feet wide and the depth is 12

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uh 12 feet we did have a community meeting uh and it was a total of 31 uh neighbors that were there

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but of those only 13 were eligible to vote we had the community meeting on march the 9th in front

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at a Logan Civic Center, and there were several questions that were asked, but upon answering

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the questions, they voted unanimously, at least the nearby neighbors, they voted unanimously

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to support this project.

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uh tax clearance uh again this property has been owned since 2000 2003 so over 20 years

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and uh i would like to call my client to adopt uh the testimony if i may

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okay miss wiggins could you raise your hand please

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miss wiggins she should be coming in shortly okay okay she's in hi miss wiggins could you

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please state your name is spelled for the stenographer

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Ms. Wiggins can you unmute yourself please? Eva Wiggins

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can you hear me? Hi yes could you spell your name for the stenographer? Yes E-V-A-W-I-G-G-I-N-S

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And if possible, Ms. Wiggins, could you put your video on?

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put your video on and do you swear or affirm to tell the truth the whole truth and nothing but the truth

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And do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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yes thank you

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okay uh so miss wiggins did you hear the testimony that i just uh gave to the zoning board yes

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and do you agree or do you adopt this testimony as if you were called to testify

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about this project yes uh do you have anything that you don't necessarily have to

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but if there was anything that you could say i mean that you wanted to say is there anything

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that you would say or you're fine just standing on what it is that i've presented to the board

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just that um i you know i have grandchildren and the the block that i live on is very busy it

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doesn't have speed bumps and uh they fly up and down the street like it's a expressway and having

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this deck gives me the opportunity to oversee like some of the other porches a little bit where they

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hang out at and i'm able to keep my eyes on them and that's a comfort to me and um you know and

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it helps keep them safe you know from what it is that i see on a daily basis around here um

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that's it okay um if there's any questions we would open it up for any questions

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i may ask miss wiggins are your next door neighbors comfortable with this project

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Yes, they are.

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All right. Questions from the board?

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Yes. Can we put this picture back up again?

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Okay, sure. I'm sorry. Let's do my screen share.

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So, there's, is there a, what, what is, this is just a concrete, like, platform, is that

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what I'm seeing, or?

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Yes, that's the exterior of it, and then the interior, this is what it looks like on the

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interior.

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so that's just on top of it yes and to put that in did you have to cover up any windows or anything

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is this a does this encroach on the public footway i mean it's hard to tell what well

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So, Ms. Wiggins, I believe that the, yeah, so this is like windows weren't broken out.

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No, no windows.

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If I understand your question correctly.

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So, let me just kind of jump in for a second.

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So if you look at the if you look at the house to the right, there's a retaining a short retaining wall.

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That's a block. This house had the same thing, and that was built up to the level of the main porch.

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And I'm assuming it was filled in. So the question answer to your question were windows closed up.

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They had to be because there are two basement windows that were on the front of the porch that were covered up in order to do this extension to this concrete deck.

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Now, the question is, is was this whole concrete area filled in with dirt and there's a concrete deck on top of it or is it just hollow under there?

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It's hollow under there.

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OK, so you just build up the retaining wall.

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they they did a truck came with cement and they did lay i don't know how thick it was but they

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laid cement and okay so the ground is hollow you know you can walk on if he was under there

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okay so yeah so they they built they built up the retaining wall and do you know if they got permits

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to do that no they didn't get permits to do that okay they kept telling me they was getting permits

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and they kept spinning me on the paperwork and i was believing them because i didn't know no better

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and i just took their word for what they was telling me and they was lying to me all the time

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and i didn't know i mean obviously if uh if there is approval of this uh if this is approved and

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of this uh if this is approved and permits are allowed and permits are uh

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permits are

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pulled for this then i am certain that they are going to require a structural engineer to

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attest i guess to the i guess for lack of a better word the stability of what was done here

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with this right i'm certain of that yes you are correct is there any uh light and air getting to

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your basement like are there other like windows in the basement or a basement door that opens to

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the outside no there's no windows in the back of your basement on the side there's a there's a

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window downstairs in the basement where at the back of the house uh-huh no in the front okay

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but you covered it up with this deck right is there a door and there's no other way to get

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off the basement that's why i guess i have a back door i have a back door to my basement

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okay right i guess that's what i was yes thank you you also ran electric into that too am i correct

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uh the electric i see lights all over the top yeah the the um the the electric box

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is on my standard porch my original porch it's not uh built on to the deck

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any other questions

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questions or comments from our attorney

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um so i i am concerned this is a little bit in the right of way um have you

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i don't know the surveyor is the appropriate person but have you had somebody look at that

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Because typically if something's in the right-of-way like this, it requires a council ordinance.

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Is that really in the right-of-way if the steps are, if they're at the edge of the steps?

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Yeah, it stops at the steps.

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It stops at the steps. It's not like in the walkway or exceeding my steps.

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yeah it's consistent with the neighbor with the retaining wall or the neighbor in the original

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i'm looking at i'm looking at go i'm looking at google i'm looking at google maps and i'm looking

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at older versions so you can see they all have sort of these retaining short retaining walls that

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literally are at the same base of where this this wall is so okay so it's not

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encroaching I don't believe so but I'm not serving unless the steps encroach

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okay all right thank you questions or comments from the virtual audience I see

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no hands chair planning commission

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michael gall with the philadelphia city planning commission the comprehensive plan recommends no

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change in zoning at this location from the current rsa5 residential single family attached there is

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no unique circumstance or condition of the property that would prevent it from being used in strict

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conformance with the zoning code therefore the planning commission recommends the board deny the

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request a variance for walkout deck so so jermaine we're gonna we're gonna stop and talk about this

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we'll vote on this next week at two o'clock okay and uh thank you for your presentation thank you

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number three

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okay number three mi 2025 007 117 1650 to 60 van dyke street daniel treat daniel treat is the

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lawyer, Darlene.

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This is the one we're going to hold, right?

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Vote and hold.

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Good afternoon, board members.

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Darlene Threat on behalf of Queerspan Contracting.

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Counsel, you've already been sworn

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We're going to hold this one because the RCO meetings tonight, am I correct?

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Yes.

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Okay.

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Our vice chair has a few questions, so we'll hear and hold.

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Good afternoon.

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good afternoon have you submitted your documents and exhibits five days in advance of this hearing

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Have you submitted your documents and exhibits five days in advance of this hearing?

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yes i have and do you waive the reading of the refusals and stipulate to their accuracy

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yes all right thank you you can share your screen and proceed

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one moment please

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sure take your time

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can you see my screen we can okay good afternoon i'm representing clear span uh contracting and

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i'm going to give you a little history while i go through these exhibits uh clear span contracting

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is a cement construction company.

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They are located currently at 2205 Wakeling Street,

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and they would like to move their entire businesses

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over to 1650 to 1660 Van Dyke Street.

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I submitted a host of exhibits today,

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which include the refusal, the appeal,

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the project information form, a lease,

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some tax information, the deed, plans, pictures, proof of mailing, and the community letter.

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I would like to say that since this project has begun, my client has actually purchased

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this property and plans to move their entire organization over that way.

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So ClearSpan Contracting has been in business since 1990 and currently they operate on an

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acre of land at 2205 Wakeling Street. Currently they have about 75 to 80 employees. They lease

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this land at 1650 to 1660 Van Dyke and subsequently purchased the land at 1650 to 1660 Van Dyke

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because they would like to move their entire operation over to those premises.

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Now, I'm going to just go through the refusal very shortly because it's a little confusing.

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The refusal suggests that this is for the use wholesale distribution of storage,

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equipment and material storage yards and buildings in an existent vacant lot.

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I'm going to show you a map of a bunch of addresses.

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Today, though, the only address that's before you is 1650 to 1660.

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What we would actually like to do is build a plant on this lot, but not a plant in the regular sense of a building with machines and stuff inside of it.

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What we would like to build on this lot is what we call a cement batch plant.

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And this is an outdoor semi-permanent structure that we will place on a cement pad on this lot.

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Now I'm going to go through a lot of pictures and I'm going to show you the lot and then I'm going to show you a rendering of how we would actually like to parcel off the lot and how would we actually like to construct this outdoor batch plant on the lot.

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So first I'm just going to show you, of course, we filed the appeal to the board.

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This was the lease, and it was a four-year lease between my client ClearSpan and Broadway

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Associates.

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But again, we have subsequently purchased this property, it was a long lease.

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I just wanted to show you the tax information.

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There's no tax indebtedness on this property.

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and then i was just i wanted to show you this map

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