civus
Hearing video

ZBA Hearing - January 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 27, 20215h 43m

i have alan

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good uh good evening mr chair members of the board

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hold on one second okay uh just identify yourself you're still on the road from

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yes alan occamson of knockamson pc 123 south broad street suite 1600 philadelphia pa

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19109 i am uh i am addressing uh 31 uh 100 and 102 west of all street it was my understanding

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that this matter was going to an executive session

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and that there would be a decision at the 3.30 listing?

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No, that was not the case.

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It was announced at the last hearing on January 20th.

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It was first going to be voted after the morning session.

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After the executive session, that was then delayed until 3.30.

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It was then delayed until 9.30 this morning

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so that the chair could participate the record was closed the votes were done at the beginning

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of the 9 30 session no no and i understand that um it was it was our understanding when we appeared

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last week originally it was a 9 30 and then then 3 30 it was our understanding that it would be

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voted upon during this session the 3 30 session not the 9 30. well since the record was in any

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case would you like the board to revote it now no no no what i'm asking so and again i know this

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is highly unusual um but this is a matter that's been in front of the board previously for you know

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a much greater use um i i did send a letter after the record was closed when i discovered which was

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not considered by the board because the record was closed no and and i gathered alan can i interrupt

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to we have 330 cases to hear can we take you last um actually no i don't think you need to take him

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last it was voted this morning if he is unhappy with that vote he can request reconsideration but

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the matter is concluded all right okay alan okay thank you all right any other requests for

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continuances or withdrawals yes we have um mr sone folks mr folks good afternoon good evening

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good evening uh chairman de chico members of the zbe board sloan folks s-l-o-a-n-e-f-s and fire

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o-l-k-s office of councilman maria canada sanchez room 508 city hall we're in the firm to tell the

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truth, the whole truth, nothing but the truth. I do, sir. I have two cases that our office wishes

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to request continuance for. The first is case number one, MI-2020-000241, 1227 Adams Avenue.

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We are requesting a continuance because the applicant has not met with the coordinating RCL.

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Excuse me, this is Sharon Saleta. We also have no exhibits, and this is the second listing.

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any objection to us dismissing this case no sir okay mi 2020-000241 1227 adams avenue my vote

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is to dismiss my vote is to dismiss dismiss dismiss dismiss next case sir my next case is

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case number 8, MI-2020-0025203349 I Street. Again, the applicant has not met with according

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to RCL for community meeting. We have not received any exhibits. I believe it's the first listing. If

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we could confirm that there's no one from the applicant present, representing the applicant

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prison anyone here for 33 49 i guess is that i street yes yes

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anyone here for 39 33 49 i street no hands chair

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no exhibits nothing i this is a little out i'm going to vote to dismiss

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i vote to dismiss dismiss dismiss dismiss okay okay mr slump mr folks thank you chairman thank

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thank you chairman thank you okay calendar number are you ready frank yeah yep calendar

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you okay calendar number are you ready frank

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one on number 0107 1410 aldeen street

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anyone here for 1410 aldeen street

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they're all sending no hands my vote is to this uh mi 2020 that's 000107

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if i can interrupt for just one minute um this is the first listing and we have a letter of non

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oh wait i'm sorry it is this is a second but we also have a letter of non-opposition from

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councilman o'neill so of course your call but it was previously listed or already got a continuance

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correct it did yes spice they can always ask for reconciled all right my vote is to

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mi 2020 that's 0001071410 aldean street my vote is to dismiss dismiss dismiss dismiss

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Smith. Calendar number three strike that calendar number 0370 1541 Adams Avenue.

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Mr. Sabatina just identify yourself with the record you've already been sworn in.

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John Sabatina

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address 7720 Caster Avenue second floor Philadelphia PA here representing

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1541 Adams Avenue. John before you go uh Sharon we've not received exhibits

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we have we do have exhibits on this they were submitted prior to the last listing

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Okay, because it says no exhibit. All right. Yeah, John. John, please proceed.

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Yeah. Well, hang on. Let me get my exhibits up.

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Maybe if you can get a little closer to the mic, that would be helpful also.

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All right.

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Coming a little foggy.

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Hang on.

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I'm trying to share your screen.

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I'm trying to share the screen.

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Where's the button for sharing the screen?

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I'm not sure.

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I'm sorry, he's coming back in as a panelist now.

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Okay, sorry about that.

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Okay, as you can see, there's a list of exhibits, we have them all.

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Do I need to enumerate them or should I just go through them?

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I think you can go through them. Thank you. Tax clearance.

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A1 is the refusal. A2 is the deed.

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Realty transfer tax statement, certificate of tax clearance.

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certificate of organization there's a corporation commercial activity license

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photographs here's the photograph of the posting here is the property

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as you can see it's we have a temporary fence around it the lot has been paved

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and cleared you know before my client did this it was a overgrown lot with trash and

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the various debris on it

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there's a site plan

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As you can see, it's right off of Kensington and Adams Ave. There's a zoning map.

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As you can see, all around it is commercial. Matter of fact, right budding up against it

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is commercial property. The whole area is a lot of commercial properties. Here's an aerial view.

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a lot of commercial properties. Here's an aerial view. You can see across the street,

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you can see the cars parked from various car repair facilities in the area.

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The notification to the RCO, community meeting letter, certificate of mailings, quite a few

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mailings. And that's about it. John, do you have any exhibits showing what fencing or if there's

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any fencing and lighting or whatever? That is the fencing I showed you. That's a temporary fencing.

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Yeah, well, will there be a permanent fence? No, it's what the whole application is for a

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a car lot and uh it's later to be determined whether or not uh they'll actually try and fence

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it in okay that's what i was asking i didn't know if you had any drawing so will there be

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a office like a trailer office or anything on site here again that should be determined

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um

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so air ingress and egress i assume is to be determined yes

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um we we try we they cut down several huge trees uh that were bordering the lot uh which will give

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them access from uh uh kensington avenue uh as you can see there you know there's nothing

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you know, right here on Kensington Avenue, they can leave from there.

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That's what they're talking about.

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These are, yeah, here you go.

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All right.

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Do we have anything from the RCO?

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Excuse me?

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Do we have a letter from the RCO?

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I believe they did submit a letter to the board.

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Is this the letter that they submitted?

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You should have it.

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I guess they should have submitted it to you.

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Karen and or Lakeisha, do we have a letter?

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I don't know that it's my job to submit their letter, but here it is.

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one of their comments is that cars currently parked on a sidewalk up against a temporary fence

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obviously once we occupy the property there won't be these cars parked on the sidewalk

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and you can see right here there's cars parked along there on the street

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uh questions from the board no no no anyone else like to testify in this case if so please raise

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your hand mr folks you cannot meet yourself again good afternoon good evening chairman chico members

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of this ABA board, Sloan Foulkes, Office of Councilwoman Maria Quinonez Sanchez, Room

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508CNR.

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Yes, sir.

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Thank you.

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The applicant has met with the RCO and has garnered a letter of opposition.

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Therefore, the Councilwoman is not supporting this various request.

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Thank you.

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Thank you.

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Anyone else like to testify in this case?

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No more hands, Chair.

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MI 2020-0003701541 Adams Avenue. Just before I vote, show me that some of those other

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photographs about what's in close proximity. There are other...

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Yeah, that's another across the street. This is down the street.

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Okay. All right. My vote is yes.

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my vote is yes my vote is yes my vote is yes my vote is yes

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thank you thank you members of the board may i be excused oh yeah did we ask you

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hold on the last case castor avenue yes you you want to continue you're asking for a continuance

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yes you you you want to continue you're asking for a continuance uh if i can't uh hold it today

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uh if i can't

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and we submitted everything excuse me chair you have already announced that this is continued

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right okay yeah but i remember john said that he was he did have the exhibits we'll continue that

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john okay can i get a short short continuance on that please i'll work that out with lakisha

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calendar number 1145 21 59 north 21st street

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We have a Ms. Clark. Ms. Clark, you can unmute yourself and wait to be sworn in.

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Okay, thank you. Ms. Clark, can you hear me? Yes, I can. Can you hear me? Yes, I can. Can

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you put your name and address on the record and spell your last name?

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Alicia Clark. My first name is E-L-I-C-I-A. Last name is C-L-A-R-K. And the address is 2159

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North 21st Street. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I do. Have you emailed the exhibit packet in five days in advance of this hearing with proof

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of ownership, tax compliance, copy of the refusal and referral, photos and plans of the property,

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and have you met with the RCO? And do you have a letter? Yes, I've sent all that paperwork in.

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Okay, thank you. You may proceed. Okay. Let me share my screen.

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Okay, can you see my screen?

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Not yet.

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now can you

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uh yes because you can make that a little larger all right let me see

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this is the letter that i got from the community can you see it she actually screenshotted it with

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picture. That's good, thank you. Okay. Also, let me go back and show you.

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okay here's one picture of the building

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this is the side of the building where the arrow is pointing that's the building right there

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All right, this is the next picture.

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This is the front, I'm sorry.

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this is the front of the building

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here is the clearance the tax clearance letter

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um the site plans i don't know can you see that is that big enough for you

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that's good thank you okay

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here's the deed

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Here's the refusal.

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And here's the notice that was sent out to 164 of the residents in the area, letting

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them know about the meeting that we had with the community.

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Is there anything else you would like to see?

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Any drawings of the floor plans?

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Let me see if I have those.

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Here we go. It's going to be three two-bedroom apartments.

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Can you enlarge that a little bit, please?

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Yes, I can.

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It would be three.

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Yes, three two-bedroom apartments.

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two bedrooms on what first floor second i can't make it out it's not clear um let's see here's

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bedroom this is the first floor here's bedroom number one bedroom number two two bedrooms right

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there in the bottom corner uh second floor bedroom number one is up in the front and

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bedroom number two is in the back and on the third floor bedroom number one is in the front

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and then there's bedroom number two back here in the back also. Where will trash be stored?

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Trash will be stored in the backyard. There'll be trash cans and there'll also be recycling

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cans. We also have a private trash company that we'll be picking up on Mondays

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and we'll also be putting trash out on Wednesdays

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and that's the day that the city picks up.

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Okay, and everyone has access to the yard, correct?

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Yes, everyone has access to the yard

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and that was one of the concerns of the community also.

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Questions from the board?

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No.

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No.

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No.

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else like to testify in this case please raise your hand

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no hands at this time chair you planning commission yes this is ron bednar city planning

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ron spell your last name please and i'll swear you in last name bednar b-e-d-n-a-r

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firm to tell the truth the whole truth nothing but the truth

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i do thank you ron please proceed this property is indicated for commercial mixed use on the city

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plan the proposal is uh not uh out of character with the block therefore we have no objection

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to the granular variance thank you very much mi 2020 dash 001145 2159 north 21st street my vote

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is yes. My vote is yes. My vote is yes. My vote is yes. My vote is yes. Number 7. 7.

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seven uh does that continue to bust my sheet um number seven that was dismissed

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thank you go ahead

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and that leaves us with is number eight

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dismissed that was dismissed i didn't mark my other sheet i'm sorry i think that you're done

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that's it concludes the uh the six o'clock list

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all right any unfinished business no nope all right thank you thank you board thank you staff

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