civus
Hearing video

ZBA Hearing - October 30, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 30, 20245h 46m

We can get clarification from the architect, but we will need to swear him in first.

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Why don't you state your name and spell for the court sidocopher?

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Absolutely. Thank you.

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Ivano Dangella, I-V-A-N-O, D-apostrophe-A-N-G-E-L-L-A.

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We're referring to tell the truth, the whole truth, nothing but the truth.

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I do. I do.

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The statement that's being made by counsel, I was wondering if that could be an amendment after the fact, and this could be just heard.

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no we need to vote we need to vote on what's being proposed and if a personal cares home

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is not being proposed we can't vote on the refusal as it is okay uh so i i guess i'm we're back to

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the client making that decision if he would go forward with a personal care or if he wants to

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change it back to uh if he goes if he goes with personal care there's got to be different drawings

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right the drawings don't match what the needs are right so and in reference to bringing it back to

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you um that procedure i can just inquire on on an email of some sort does it have to go to zone uh

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rco yes you can inquire on the same emails where you submitted your exhibits okay all right thank

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you sir thank you guys thank you guys thank you guys yes mr chair i would suggest bringing this

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back for a resumption hearing once there's clarification and once once you figure out

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where you're going to go then we'll have a resumptive hearing okay then we can take public

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testimony as well as the recommendation of the planning commission yep yep all right thank you

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thank you have a good night guys is there anyone in the virtual audience whose 2 p.m case has not

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and heard. No hands, Chair. All right. We're going to take a five-minute break, and then when we come

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back, we only have, I think, one case to hear. Okay? Yes. Thank you, Chair. Thank you, everyone.

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My name is Bill Bergman. Good afternoon, everyone. My name is Bill Bergman, and I will be chairing

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this afternoon meeting. With me is our Vice Chair, Ismail Shahid. Present, Mr. Chairman.

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Board Member Cheryl L. Gaston.

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Present Mr. Chairman.

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Board Member Michael Johns.

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Also here is our attorney, Hillary Emerson.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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Video will be available by contacting ZBA Executive Director at phila.gov.

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For our court stenographer, we ask attorneys and witnesses to identify themselves before a test finding.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To an appearance statement, call 267-270-5548.

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Leave your email and the address of the prompting question.

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Finally, the question and answer box on the screen is not for testimony.

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All questions should be referred to our executive director at zbaexecutivedirectoratphil.gov.

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Here's our schedule for the afternoon.

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Number one, MI 2021-003-878-6019-35 North 15th Street.

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That case is continued.

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Number two, MI 2022-

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Mr. Chair, that was a Crest for Continuance Attorney Moving Party.

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Oh, okay.

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Thank you.

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Number two, MI 2022-004-033-2235 Cecil B. Moore Avenue.

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That's also a request for Attorney Moving Party.

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Number three, MI 2024-003-872-150 East Champlose Avenue.

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That case is continued.

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Number five, MI 2024-003-930-11101 Academy Road.

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That case is continued.

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Attorney moving party.

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Number six, MI 2024-003-936-8132 Lister Street.

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That case is continued.

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Attorney moving party.

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And number four, MI 2024-003-924-917 West Somerset.

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four zero zero three nine two four nine seventeen west somerset street alga rosado

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and renee rosado are the listed owners no exhibits first listing

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do we see any hands

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i see no hands at this time chair thank you so mi 2024 003 924 917 west summer street

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that case is continuing mark must be heard and then number seven mi 2024 003 951 5518 morton

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Street. David Upta is the listed owner applicant. Devin, I actually think he's an attorney. No

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exhibits, first listing. Chair, I don't see his name in the virtual audience. He is an attorney.

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Okay, so MI 2024-003-951, first listing. This case is continued. Mark must be heard.

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And our case number eight, MI 2024-003-966-919 South 8th Street.

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Michael Mattione is the attorney for the owner.

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Non-opposition from Bella Vista Neighbors and non-opposition from Council Member Squill.

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He's coming back in as a panelist now, Chair.

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Hi, Mr. Mattione.

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Good afternoon, Mr. Chairman.

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Hold on.

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I'm trying to turn on my video.

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Okay.

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My video is not working.

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Oh, there it goes.

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No, hold on.

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There.

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Thank you.

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Sorry about that.

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There you go.

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Could you please state your name and spell for the court sonographer?

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Sure.

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Michael Matteoni, M-A-T-T-I-O-N-I.

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

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I do.

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

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Sure.

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It's Bella 7 LLC, and they are the owner of the property.

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Vice Chair has a few questions, sir.

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Sure.

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Good afternoon, Counselor.

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Do you agree to read by the refusal or stipulate to its accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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Yes, I did, sir.

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Thank you, Counselor. Please proceed and share your screen.

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Thank you.

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All right. Good afternoon, everyone.

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Again, I'm Michael Mattione, and I represent Bella 7 LLC.

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and they're represented by a member Allison Hinman-Harvey, who is also on today. And we

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presented exhibits in advance, the tax clearance refusal, the RCO letter of non-opposition. And

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that letter includes an acknowledgement that we work with the immediate neighbor and they now

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support the project. The letter of non-oppositional council member Squilla, again, correspondence from

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neighbors in support, the zoning site plan, floor plans, and photographs.

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Client purchased this property. It was originally three units, and they got a variance to have four

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units. There were four units, three legal units, and then when they purchased it, they got a

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variance to get a fourth unit. After they obtained the variance from this board for the fourth unit,

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they then went to get a CO. When they tried to obtain the CO, they were told, well, you have a

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rooftop deck, and that's not legal. So now we're back trying to legalize this rooftop deck that's

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been there for many, many, many years. My client bought this property in July of 2022. They bought

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it with the deck. The refusal, there were actually three refusals, but they all relate back to the

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deck. And that's because this is a very unique property. They have a refusal because they

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have a zero setback from Montrose Street and a five-foot setback is required for the

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pilot house. They have two-foot, six-inch setback, 10-foot is required. And because

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they're expanding a property that already has a variance, they got a refusal for that as well.

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And just to get some context, this property is at the corner of 8th and Montrose.

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I just want to show you where it is real quick. There it is at 8th and Montrose.

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I just want to show you where it is real quick. There it is at 8th and Montrose.

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It's on the southeast corner of 8th and Montrose, and it's multifamily. There's all multifamily around.

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And here's some pictures of the deck we're talking about.

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This is a very tiny deck. It only has about 66 square feet of area.

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As you can see, when you walk out from the pilot house, you almost walk into the railing.

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There's a little bit of room there.

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And then when you look down here, you will see there's about three or four chairs on the deck.

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and that's all that there is um again it's a really tiny deck and you can tell from the wood

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that it's been there a long time and to put it in the context of the surrounding properties

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okay this this is this is the deck in question as you can see this property is about nine feet

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11 inches wide on the inside so you can't even have 10 foot setback from montrose street it'd

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be on the neighboring property. So you can't build the pilot house, the existing pilot house.

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You just couldn't build it. And then to have a five foot setback, you'd cut the deck in half,

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you only have a five foot wide deck. Again, this has been here a long time. If you look over here

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at 917 South 8th, they don't have any setback on their deck either. You look at 735 Montrose Street,

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they really don't have any setback. 730 Montrose has no setback on their deck. And this is 921.

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While they don't have any setback, they're not required to have a setback because they're not on the corner.

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They do have the required front setback from A Street.

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And these neighbors originally opposed it, but after meeting with them, they supported it.

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It's noted in the RCO letter, and it's also, I have a correspondence of support from them as well.

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Just to give a little bit of additional view of the other decks that surround us.

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We're building in conformity with these other decks.

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That's the 730 Montrose deck, 735 Montrose deck, and the 917 Southeast Street deck.

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So when you look at this project, and I want to show the site plan, this is the deck.

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I mean, it's a tiny deck.

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And as you can see, the stairs come up.

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You have the two-foot, six-inch clearance when you come up the steps.

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And this is the deck.

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And this is only about 66 square feet.

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The deck itself, totally, including the pilot house, is about 100 square feet.

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You actually do have a little bit of setback because of the bay window here, but you can't

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possibly have a five foot setback and you can't, it's utterly impossible given that

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it's only a nine foot, 11 inch wide roof to have a pilot house with a 10 foot setback.

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You'd be building it over here on the neighboring property.

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So it's a unique situation.

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It's in conformity with the other decks in the area.

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It's impossible.

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And this is a preexisting deck.

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It's been here probably 30 years, if not longer, long before my client owned it.

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They're trying to legalize it so that the unit that has access to it, it's only one unit in the building, has a little outdoor area.

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Again, given the dimensions of the property, it's really impossible to comply with the dimensional requirements for this deck area.

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You can't have a smaller deck.

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It can fit four chairs like it's shown in the photos.

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You benefit the public health, safety and welfare, though, by legalizing the deck so it's properly reflected on public records.

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So if there ever was an emergency, the records would reflect that there is a deck up there rather than not reflecting a deck.

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So it does make things safer. It doesn't have any adverse impact on light and air.

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It's been here for a long time. It's on the roof. It's not bothering anybody else.

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There's no windows that it would darken or anything like that.

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We're only seeking to legalize this deck. And again, it won't have any adverse impact on environmental conditions.

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And we do believe that we really meet the requirements for the requested variances.

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Mr. Chairman, I'd like to call on Allison Hinman-Harvey.

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Allison Hinman-Harvey has been unmuted and allowed to speak.

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Could you please state your name as spelled for the stenographer?

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My name is Allison Hinman-Harvey. That is A-L-L-I-S-O-N-H-I-N-D-M-A-N hyphen H-A-R-V-E-Y.

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Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do. Please proceed, Council. Thank you, Mr. Chairman. And Allison, did you hear my statements?

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I did. And are they true and correct? Yes. And do you dot them as your testimony? Yes.

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Mr. Chairman, I have nothing further to present at this time.

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Questions from the board? I have no questions.

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I have no questions.

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Questions or comments from our attorney, Hillary Emerson?

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Questions or comments?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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This is Ron Bednar, City Planning.

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The property is indicated for residential use on a city plan,

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given the physical circumstances of the site and documented use history.

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We recommend that requested legalization variants be granted.

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MI 2024-003-966-919 South 88th Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you, Mr. Chairman.

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is there anyone in the virtual audience

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whose 330 case has not been called

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I've seen no handshare

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thanks everybody

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a lot of work done

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that one case went a little bit longer than expected

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but I appreciate everybody's work

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thank you

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take care

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