civus
Hearing video

ZBA Hearing - June 10, 2026

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

uh other questions questions more attorney hillary emerson not at this time mr

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question from the virtual audience no but a hand just went up from madeline shakamba sure

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she's allowed to speak yep hi good morning

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Ms. Shacumba?

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Hi, good morning.

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Could you please state your name and spell for the stenographer?

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Please unmute.

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Madeline Shacumba.

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Right.

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Okay, my name is spelled M-A-D-E-L-I-N-E, Shikumba, S-H-I-K-O-M-B-A.

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Okay.

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My name is spelled M-A-D-E-L-I-N-E, Chacumba, S-H-I.

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Do you swear to affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Can I, before you start the thing, I have a correction to make concerning my documents, and I'd like to have, can I do that?

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What's that?

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I didn't hear what you said again.

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I have a correction to, it was an error I made in submitting the documents, and I want to make a correction.

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Okay, sure. Tell me your correction.

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Okay. I submitted the documents, and the other documents said 2234 Montrose, when it should have been 2132 Montrose Street.

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Okay.

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But the documents inside are correct in referring to 2132 Montrose Street, okay?

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Okay.

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And also, I'd like to, you only give me three minutes, I think, to make this.

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I would like to have the same amount of time as the attorney because this is an issue that

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needs clarification and I'd like to have that extra time. We have your letter, right? You wrote

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us a letter, right? Yeah, but there's also... Listen to me, we have your letter, but we don't

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give people who are calling in the same time as the attorney. So what we would want is for you to

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give us a sense of outlining more information that you gave in the letter?

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Well, I think that the letter I sent as a co-coordinating RCO, we should be given more time.

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We are here representing the residents who are fighting this property and properties,

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not just this part, but properties that affect their living in the area. And as such,

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we represent these residents and we think we should be given the same amount at some of the

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time i don't i don't know that we listen to me i don't know that we could do that i guess the

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question is we have your letter and would you want to tell us whether you're in favor of this or

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you're still against i'm against this and let me say why okay okay one is the reason is that this

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pergola has a roof it is called a louvre pergola because the boots are made of wooden slats okay

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okay also uh this pergola uh he said that they have a hardship with the weather but everybody

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does with the sun okay a shadow study was done by redfin redfin reality on this property and it

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shows that there are nine hours of sun in june on this property and 4.3 hours in december placing

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this property below the u.s average of solar exposure okay so they're not being that much

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exposed to it also the biggest problem we have with this is that the pergola does not protect

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you from them what really affects people which is the heat okay now the oh i did this is a lack

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of privacy one uh uh two disadvantages of pergola is a lack of privacy okay and which you have uh

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people can peep in on you and they can cover this many people cover this probably

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this privacy but installing private certain privacy apparatus by installing curtains and

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things like that okay and also this disadvantage turns into advantage because it makes it easy for

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them to install an air conditioner that you would not even see okay yes this program does not have

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have any size but that means there's no privacy but you do have the ability to install curtains

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and other things and the heat is not a problem here because i already told you about the uh

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shadow study okay and i think that they're using this as an excuse and this probably

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is worth 1.3 million dollars there's no property in this area worth that amount of money i i

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I understand that, and I have your letter, and I know exactly what you told us, and we appreciate your taking the time to call us, okay?

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Well, I think you should look at this as being a lube, a lube, a lube, because the staff's lube.

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Well, we're going to take it all into consideration and figure out exactly where we stand, okay?

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All right, thank you.

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Thank you, and thank you, but thank you for taking the time.

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Is there anyone else in the audience?

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No hands at this time, Chair.

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planning commission chairman if i may just one quick clarification there uh the rendering i

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pulled up just now this is the exact product that will be used it's a fixed slat metal right there's

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no wood right and this is actually it's a florida company that builds these because they are used

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specifically for this purpose in florida to just break up that direct sunlight to reduce the heat

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with again without the need for air conditioning or anything like that okay so all right just want

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to make that clarification thank you good morning chair david vecto with the city planning commission

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good morning chair david vecto with the city planning commission chairman and board members

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the comprehensive plan recommends no change to the rsa5 residential single family zoning at this

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location the city rezoned this neighborhood in 1977 and a council supported map change there is

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no unique physical condition or circumstance of this property that would prevent it from being

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used in strict conformity with the zoning code and the appellant has not shown that they will

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suffer an economic detriment if forced to comply with the height requirement in rsa 5. the city

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planning commission recommends the board deny the proposed dimensional variance for additional

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thank you council we're going to take this under consideration um we heard all sides of it i

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believe and we'll vote next wednesday at 9 30. 9 30. yep thank you very much thank you let's go back

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good afternoon mr chair hey you're back ron how are we yep i'm good my computer is sworn in i think

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we're ready to go and um why don't you proceed i'll be quick 2439 master street is this property

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here that we see long-term uh history is commercial first floor with living quarters above

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Since, however, it was converted, reverted to an RSA-5 classification, what we're proposing is real simple, a vacant commercial space on the first floor consistent with CMX-1, as you see here on the left, and a one-family dwelling above, as you see here in the center, and the proposed roof deck.

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Because the property is pre-existing and already sits on the envelope that it does, it does not meet any of the open air requirements, which is why that refusal was generated.

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In addition, because it's now RSA 5, the multiple uses, commercial and residential, is prohibited.

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That's why we're here today for that relief, as is the CMX 1 use prohibited.

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As you note, we met with the community.

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We got overwhelming support.

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And the council office was also kind enough to send a letter of non-opposition.

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I move all 70 pages of this exhibit binder into evidence, and I'll run through some more photos for you.

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There's the letter that was mailed.

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We have the deed.

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And we have the long history showing commercial mixed use.

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If you'd like to see some interior photos, I believe they're up here somewhere.

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They're just, it's a shell, so there's not much to see.

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But that's part and parcel of what we're trying to do here.

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I'll bring it back up to, this is the rendering, as you can see the cross section.

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And again, here's the exterior that shows the property as it now exists.

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With that, if Tangela Turner is in the audience, I ask that she raise her virtual hand.

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There are no hands at this time.

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I asked the board to take my testimony as an officer of the court, thank you so the court will take your testimony questions from the board.

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Can you show the demolition plan again.

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Can you zoom in a little please can we do a little bit more yep all right trying to

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see the demolition plan so okay that's who did so essentially we're taking a portion of the rear

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of the building off and then we're rebuilding it with the addition that's correct okay

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okay I think these these two renderings here on the left are probably the best ones

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i think these uh these two renderings

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okay and then I guess I see that you're trying to do a vacant commercial space

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is that and that's an existing commercial space where's the is there going to be a separate

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entrance or are they going to still share the primary door no there's a there's a corner

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entrance for the for the commercial and there'll be a side entrance for the for the residential

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okay as indicated here

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got it all the questions and then is there a floor plan for what's happening with the extension

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I saw the framing yeah there we go okay so essentially the extension is allowing

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us to do this back egress there the stairs yeah yeah

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and does the commercial have access to the basement yes and only just the commercial the basement

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Correct.

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Well, technically, they both have access to the basement, don't they?

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Because they can all walk down.

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Well, for those rear stairs.

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But the tenant and the first floor tenant will.

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It'll be included in their lease.

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That's correct.

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That's correct.

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So is the apartment above, are they going to have to store everything in their unit?

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No garbage, no bikes or anything allowed in the basement?

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that's correct there'll be trash storage in the unit itself okay is there a dedicated trash closet

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and i'm assuming there's laundry that is tucked in somewhere

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yep okay yeah there's a laundry room for sure and they're typically i typically ask for

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dedicated trash uh space as well but i'm not sure i see a dedicated trash cloth like a ventilated

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trash closet i do see the laundry yep closet but not the fixture the fixture is just not drawn

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the board wanted to make the vented trash closet a proviso you know that's perfectly fine on our end

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yeah i think that's you know advisable even though they have access to the basement it's

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just a strange setup that they have a full bathroom and then they have a powder room and

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a one-bedroom unit it just kind of just just interesting doesn't make sense there's nowhere

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to put any furniture but you've got a powder room and you've got a full bathroom for one bedroom

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it's it's like is the intent at some point to do a third floor addition no the intent is is to have

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a you know this really serve one or two people period you know period that's about it so that

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it's a pretty nice size living dining area sort of no it's no no no it's not it's not it's not

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it's not don't say that it's not it's not it's not it's not not gracious it's not at all but

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it's a one-bedroom so i can kind of say it's your two people they can live with what they want to

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live with but it's just you know for you know for a powder room and a full bathroom and a one-bedroom

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just it just doesn't make sense

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logistically and you've got this huge stairway and you want to and you want a roof deck

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yeah just so the roof deck was before i guess well never mind it is a for the for the for the

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tenant on the on the second floor sure that's their outdoor space anybody has i mean similarly

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lead to the basement anybody has access to the roof access right also utilized by the commercial

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space in the future the roof deck will be part of the lease for the residential tenant

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that's their outdoor space i got it got it got it because you remember the commercial space

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can only be cmx one level commercial anyway so it's not there would be no need for a roof deck

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for that yeah other questions questions from our attorney hillary emerson um yeah i'm just a little

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confused about the vacant commercial space because so the property is zoned rsa5 there is not a

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request to permit cmx1 uses in that commercial space all there is the the proviso that's listed

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on there is not act i mean a refusal that's listed on there is actually not something the

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board can grant vacant commercial space is prohibited in the rsa5 zoning district that's

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not a that's not a variance i'm sorry i can't hear you hillary could you speak sorry yes so the

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you either i'm sorry i can't hear you hillary could you speak sorry yes so the what's listed

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on the refusal is not a variance like the vacant commercial space is prohibited in the rsa5 zoning

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district that that's not a variance like we're not unless there's a specific request for a

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particular use or uses within a certain zoning district that's what we can grant so there's no

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request on here for cmx1 uses so there's yeah so that we're not there's nothing for us to grant

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related to the commercial space with this application the way it's written

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so are you saying that the uh the the refusal is not accurate because the application was for

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vacant commercial space yes so that's fine but it doesn't that doesn't mean that cmx1 uses are

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allowed there's nothing about cmx1 uses here any commercial that you go to get a permit for

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later will require you to come back to the zoning board for a variance

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typically how it's worked my experience is that when we ask for a vacant commercial space

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it's all it's all uses consistent with cmx1 no there's no set vacant commercial space is not

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a use category in the zoning code so it all it should not have been listed as a refusal item on

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here we have a very clear understanding with l and i about that and unfortunately this one

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was not done correctly vacant commercial space literally means there's no use there and you need

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to get a use permit to establish a use if you would like uses within a certain use category

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you can request that but that is not how this refusal is written so you would be that's how

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the request was written okay well then that means the refusal was done incorrectly so we should get

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a corrected refusal before we vote on this because otherwise based on this there would be no approved

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commercial uses as part of this application yeah yeah then i'm going to ask the board respectfully

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i i to to hold the vote i i it seems like it'll be granted but i want to make sure that my client

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has the vacant commercial space consistent with cmx1 use which is historically the how i brought

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these to the board and been approved so we will hold the vote on this but we're going to go through

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Yeah, and I will ask the L&I examiner to just, I may need to, I may need to have a letter from the zoning board granting me leave to ask the L&I examiner to do so.

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So if there is a correction needed, they will do that without a letter.

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Oops, sorry.

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If they tell you that they don't believe it's a correction and that it's an amendment, then you will need a letter of authorization.

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Understood.

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Thank you so much.

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let's let's see what the audience the virtual audience questions or comments in the virtual

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audience no hands at this time chair you have one more question yep um so uh at the rco um

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to the support did you guys discuss the uh roof deck i know there's an overlay uh for no roof

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decks in that area and that was that an issue at the rco meeting or not it was not an issue

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no they realized that it uh it's limited space on the second floor there's no outdoor space for

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the tenant and it's on a corner uh because and that latter point was i think uh why it was um

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acceptable

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plenty do you want to take your position now or we certainly will okay uh thank you chairman and

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good afternoon david factor with the city planning commission chairman and board members the

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comprehensive plan recommends no change to the rsa5 residential single family zoning at this

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location the city rezoned this section of the neighborhood in 2020 and a community requested

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map change at that time this property was zoned cmx2 commercial mixed use the approvals for

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two dwelling units and ground floor commercial use predate this zoning change however roof decks are

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not needed for the appellant to derive value from their property so the city planning commission

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recommends the board deny the proposed use variance for a roof deck and grant all other variances

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so hillary we'll we'll close we'll close and just till we get the proper yes well yes we'll

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close the record and um except for a corrected or amended refusal and and we and the response

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from the attorney can we can we set up can we set a resumption hearing date please do we need a

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resumption hearing i don't know that i don't know that we need a reason you don't need that okay

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good that's even better i think what we should he'll get a hold of us when he's yes i'll just

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