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Hearing video

ZBA Hearing - December 8, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20205h 47m

I can move forward with the matter. So that's why I don't have an RCO letter.

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Okay. You may proceed.

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Thank you. Okay. I'm going to share

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um my screen um is there a chris class on as well he's our architect

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My screen. Is there a Chris Klaas on as well? He's our architect, so I would like him to go through the plans, but I will go through the project.

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so this is 1322-32 south 53rd street as the board can see here is the refusal

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we have one refusal which is for multi-family for six buildings total of 24 units this property

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was actually purchased when the property was still RM1. It was subsequently remapped while

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we were in the process of getting the plans drawn up by the architects and then was able

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to submit this to the city. So not only as I'll show the board as the block, sort of

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not a lot of single family homes, but this was in the process of when this was RM1.

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Additionally, for the board's information, we're providing all units at a rental price at 80% of area median income or lower.

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This developer in particular has documented development experience to make that determination and to make sure that we can meet that more affordable price point.

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Additionally, each of the four buildings, as Chris can show, will contain four two-bedrooms,

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approximately 850 square feet, and two one-bedroom units with 650 square feet, so

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pretty generous size to keep the price point at or below the 80% of AMI referenced on the 2020

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HUD chart for Philadelphia County. Additionally, the increased density we believe that will bring

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to this immediate neighborhood will help support the viability of the commercial corridor which

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is Chester Avenue which begins a block from the property at 54th and Chester and extends all the

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way to 58th and Chester. Additionally I have listed here an extensive list of multifamily uses on the

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same block as this property to show that the proposed use is reasonable. It's a reasonable

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density we believe of 420 square feet per surface area per dwelling unit which is not out of

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character. As you can see, 1303 is two units, 1304 is five units, 1305 is two units, and the list goes

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on. Several properties also have five and six units. Again, this is 1322-32. The lots have

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been already consolidated when we're providing 24 units. So these are all just sort of single

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lots, but again, we're providing multiple lots here. Additionally, I would like to have Chris

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class from Design Blends Architecture kind of go through the plans for the project and then happy

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to take any questions. Again, the goal here is to provide more affordable units again at or below

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80% of area median income, which this developer has done. In addition to the fact that this

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property and this block has been zoned for multifamily up until 2019 when the former

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Councilwoman rezoned a lot of these areas to RSA 5. An RSA 5 property would result in quite large

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single-family homes that are extremely out of context for what's in this area. And two, the

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other arguments I've heard today obviously do not provide the most affordable solution in a growing

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affordable housing crisis in our city. So I'm going to stop my screen share. The last thing I

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want to do again just for the board to show sort of the RCO, I sort of make it my business to make

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sure that we follow all the procedures required and that we give notice. Again, our appeal was

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filed on September 8th. The ZBA acknowledged receipt of it on 10-22. I know they reached out

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on 10-20 to the council office. The notification was finally sent 11-2. The first email that we

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sent was on the same day to the RCO, 11-2. We sent another email on the 9th. We then emailed

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without any response. We emailed the zoning board and the council office requesting help

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on the 11-10, 11-13, and 11-18, and still had not heard anything back again until today, which

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is now December the 8th. So I have provided these emails in our exhibit packet for the board.

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And again, just want to make clear that we did on our part, you know, follow the requirements

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and make sure that we made ourselves available and provided multiple outreach, not only to

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the community, but to the zoning board, the RCO notification email, the RCO ZBA email,

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and also the council office on several occasions.

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So I wanted to, if we can bring Chris Klass to go through the project, you know, and then

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take any questions the board may have.

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I'm sorry if I can't ask you've been unmuted and you can speak thank you

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Mr. Class, you've been unmuted, and you can speak.

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Thank you. This is Chris Class representing Design Blends Architecture, 4001 Main Street,

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Suite 310, Philadelphia PA 19127. Do I have the ability? Mr. Class, Mr. Class, do you swear and

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affirm to tell the truth, the whole truth, nothing but the truth? Yes. Class is spelled C-L-A-S-S,

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correct correct rachel please yep uh chris are you able to share screen or uh event

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are you able to make it so that um chris can share his screen

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tanya i'm not sure how to do that i submitted him to be a panelist thanks tanya

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okay

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and Chris before you get started you heard the statements I made to the board that these plans

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were on their way when the property was zoned RM1 were you the architect at the time when the

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clients engaged you to begin sort of the plans for this project yes that's correct is it accurate to

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say that the properties were zoned RM1 at the time you guys began you know creating the plans for

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this project yes okay so i'll start with the site plans here uh you can see the four proposed

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buildings uh each of three story containing a minute sorry it's a little bit uh difficult

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thank you is that is that better is the board able to see that or do you want us to zoom

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in a little bit more i need a bit more if you could sure well i don't know

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It's hard to read anyway.

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I should be able to explain it.

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I'll be able to flip to clear plans in a second.

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Each structure contains six units.

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The two units on the ground floor will be an accessible entry point

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and meet the requirements for accessibility

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with two bedroom units above.

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The site itself, the buildings are set back to match the

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neighboring structures and are set to heights that are also close to the neighbors of 31 feet.

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There's recessed areas in both the front and the rear for trash enclosures

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and the the wells that are being proposed in the front are not for basements they're

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simply for access to the crawl space.

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Looking to the plans, you can see the ground floor plan with two one-bedroom units with

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a through corridor to access to the front and rear.

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And the second and third floor are duplicates with a single stair and two units, each about

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850 square feet, two bedrooms above.

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there's no uh there's no roof access currently being proposed and that's it

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okay does the board have any questions with the plans or any questions from the board no

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no are you concluding with your testimony rachel i just want to bring um the client on

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and then I'm happy to conclude

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do you see Alan

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or Natalie

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Tanya

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Borovic

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yes

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he's been unmuted he's allowed to speak

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good afternoon sir

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please identify yourself with the record

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spell your first and last name and then I'll square you in

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Alan Borovic

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A-L-L-E-N

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V-O-R-O-V-I-C-H

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we're firm to tell the truth the whole truth and nothing but the truth

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i do thank you rachel thanks uh alan have you heard my testimony today yes and do you adopt

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it as your own yes and lastly just to kind of uh reiterate when you purchased these properties

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and began the planning on them uh they were rm1 correct yes they were rm1 all the way uh

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We didn't even know it changed.

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We already submitted.

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So, yes.

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And you plan to provide these units at or below,

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or at or around 80% of area median income, correct?

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Yes.

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Thank you.

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I don't have any additional information

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unless the board would like us to dive into something in particular.

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Not that I'm aware of.

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Questions from the board?

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No.

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no anyone else like to testify in this case if so please raise your hand

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no anyone else like to testify in this case if so please raise your hand

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there are no hands raised at this time chair thank you planning commission

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good afternoon board peter bernard for the planning commission

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this property is indicated for single family residential in the comprehensive plan and was

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remapped in 2019 as part of a community-led remapping. Even if this property was considered

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under the previous zoning, it would still be denied based on its density. We feel it represents

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an overuse of the property. Accordingly, we object to the granting of the variances.

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Just to speak to the density, we're obviously clear on the use. In order to get brand new

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new construction at a price point at at or 80 percent area median income um at without having

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unit sizes be you know studios um you know the extra density is needed and not out of character

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given i provided multiple examples where there was five and six units on this block i can repeat

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sort of where those are if if the board would like me to reiterate that i don't know but i do

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want to get something on the record regarding an email we received from Andy Goodman from

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the Councilwoman Gauthier's office. And this was sent to me from Sharon, who got it from

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Mr. Goodman. Having the ZBA scheduled hearings less than 45 days after the RCO assignment

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is made continues to cause problems like this. It was barely a month that we were still asking

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for a continuance and will commit to helping contacting the RCO in the interim. With all

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due respect, I don't know how anybody could ask this case when we don't have any idea

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as even who the rco is unless somebody could shed some light on this for me we're still not clear

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on who the rco is it is we were we did obtain um about over a month ago the rco notification from

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the planning commission um in addition we received correspondence from the rco notification email and

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the uh zoning board saying that they had requested back in uh october october the 10th specifically

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um sharon has these emails that they were still waiting on the council office so um until today

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we have not heard anything from the council office and i don't know that i think that it would be

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fair to put that that onerous on the board when not only we reached out planning commission reached

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out um and many other you know many other cases have had less than the time that was provided

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and less outreach to be able to organize something so you know we've sent not only we sent not only

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the board but three emails to the council office alone trying to get their support to get a meeting

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together so I don't know that it you know it's just my opinion but I don't know that it's really

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the boards in this particular instant I don't know that anything the board could have done

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differently here well that's why I want to get that on the record so we know what we're talking

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about here um having said that uh we we have nothing anything nothing's in the file correct

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from the councilwoman's office whether support or not support no it just was a continuance request

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sent to sharon i think today or yesterday so if i could also put on record nothing at all that i get

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from this office goes into the file because they don't correctly submit to the zoning board just

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so that's on record.

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Okay, thank you.

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All right, I will just like to suggest

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we do a resumption hearing,

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but it's just to get feedback

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from the councilwoman's office.

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So this hearing will be resumed on.

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Do I have a date, Tanya?

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So do we have any issues with January, Rachel?

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Whatever you give me, I'll make work.

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okay um so we can try for january the 6th and we can do at um 2 p.m if you want to do 9 30 it's

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your call um with the expectation that it would be brief because we're going to be really yeah

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only feedback from the councilwoman's office perfect thank you kindly thank you so much

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All right, hold on. MI 2020-002181, 1322 South 53rd Street. This hearing will be resumed on January the 6th at 2 p.m., at which time the board will consider any feedback from Councilwoman Gautier's office.

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at which time the board will consider any feedback from Councilwoman Gauthier's office.

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Thank you.

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Thank you.

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Calendar number 0186, 150 West Wyoming Avenue.

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There are no hands raised here?

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um excuse me this is sharon saletta the attorney on this case is michael lambert

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i see him now he just put his hand up

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mr larabidge you've been promoted to panelists

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did a court reporter this is our last case and before our 3 30 session so we'll take they'll

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taking a break as soon as this case is over.

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Okay.

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This is Sharon Saleta while you're waiting

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for Mr. Lambert to sign on.

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We have a letter in support from the RCO.

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Thank you.

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i'm not sure where he went i don't see all right now what we'll do if we lost him uh

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we'll end this session and if he comes back on we'll start him off on the on the 330 list

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sounds good so it is now 25 after uh what do you guys want 15 20 minutes 15 20 15 would be

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wonderful 15 minute break see you all back here at uh let's see it's at 4 40. sounds good thank you

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we're still live

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it's recording is i just restarted i just restarted recording

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did you hear me i'm sorry what was that oh i was saying i just restarted recording when

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you asked i'll be live okay thank you um tanya we'll give you a few minutes

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no chair we're ready all ready that's great thank you uh good afternoon everyone my name

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is frank de chico i'm the chair of the zoning board of adjustment i'll be participating in

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today's hearing along with our vice chair ms carol tenere board secretary confessor plaza

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and board members mr thomas hollowman and mr james snell board administrator ms tanya

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Senate and Board Attorney Ms. Sharon Saleta are also in attendance. For those of you who haven't

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yet participated in one of our virtual hearings, I'll go through some of the basics of what you

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can expect. First, we will be administering oaths to individual participants prior to their

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testimony. Second, we'd like to advise everyone that this proceeding is being recorded and that

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by participating you acknowledge your agreement to be recorded. Third, for anyone participating

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by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to

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unmute yourself. I repeat, for anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star 9 and then star 6 to unmute yourself. Finally, to enter an appearance

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statement call google 267-270-5548 and leave your email address and the address of the property at

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issue i'll repeat that to enter an appearance statement call google 267-270-5548 and leave

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