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Hearing video

ZBA Hearing - October 30, 2024

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

okay

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okay i have hair

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where did you say that is the building vacant now

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Is the building vacant?

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Yes, sir, it is.

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Okay.

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Would you say the hours of operation?

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The hours of operation would be from 10 to 6.

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Monday through Friday, you say?

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Yes, sir.

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Okay.

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The picture here, I will include it.

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You

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i'm not sure if you can do that if you're sharing but

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okay here we go i have it yeah i'm not sure if you can there we go uh okay

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okay so is this storing building materials now waiting for approval and we'll clear it out

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all right

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okay and then just following up with the question about the sign we can't approve something that

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hasn't been

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refused

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okay so you're going to

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have to do that separately

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yeah and you

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should you should just know

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that

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that process may

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involve like going in front of

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other agencies because

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awnings and things

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that are considered signs

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that are going to have writing on them are considered

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to be signs so

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infusal there may be um dimensional requirements that have to be met i think you said that maybe

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that sign is a little bigger than may have been approved before you may have to abide by the

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dimensions and the other thing is you may need to go in front of the um art commission that's

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yeah because of the those kind of signs the awning signs they want to they often have to

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approve the type of fabric that's used for it and what have you and there's restrictions on how much

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writing you can have on awning signs so that's a whole nother process but understood yeah so we

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have approval for particular dimensions, and then we've been working with TCB to, you know,

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design it, and they have a standardized way they go about it, so perhaps they could repurpose it

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in a way that would be appropriate for what's already approved. Okay. Other questions from the

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board? Questions or comments from our attorney, Hillary Emerson. I just wanted to note briefly,

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Mr. Chair, I did just check the tax, the Philadelphia Tax Center, and it does indicate that

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this property is under agreement with GRB for the delinquent taxes, so we can vote on this case today.

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Questions or comments from the virtual audience?

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Chair, we have Craig Melodosian. They have been unmuted and allowed to speak.

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Good morning, Craig. Could you please state your name and spell for the court's stenographer?

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Craig, C-R-A-I-G, Melidosian, M-E-L-I-D-O-S-I-A-N.

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

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I do, Chair Bergman.

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Please proceed.

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I just wanted to indicate that we're in agreement with the presentation this morning.

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We look forward to the owner opening up his facility at that location.

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It has had a long time of commercial use, including a grocery store, a beauty salon, etc.

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We don't believe this will in any way affect the residential neighbors on Redfield and on 59th Street.

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And as a presentation indicated, there's a significant amount of on-street parking space available across the street because it's fronted by the Myers Recreation Center.

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Thank you very much.

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Craig, hold on. Did you request a temporary variance?

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We did. It was at the request of one of the RCOs.

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The reason for it was there was not a lease to refer to, and one of the organizations that would be using it was not present.

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And the feeling was that we would give the applicant time to establish himself.

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It's different use as a professional space to make sure that it does not in any way impact the residential fabric of Redfield Street.

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Thank you.

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questions or comments other comments in the virtual audience I see no hands at

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this time chair Laney Commission

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good morning Amy board with the Planning Commission comprehensive plan

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The Comprehensive Plan recommends no change in zoning at this location from the existing single-family RSA-5.

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recommends no change in zoning at this location from the existing single-family

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The property has a document history of commercial and residential use since the 1950s, including a grocery store and restaurant,

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which would have more traffic and therefore have a greater impact on surrounding neighborhood than the proposed business and professional offices.

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The City Planning Commission recommends that the Board grant their requested variance for business and professional offices.

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MI 2024-003-552-2001-South Redfield. I vote yes with proviso. Temporary variance expires 11-1-29.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you, sir. You have your votes.

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Thank you, sir. Thank you. I appreciate you all.

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Number 11, MI 2024-003-748-2074 Anchor Street.

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Jose Azarraga is the owner applicant.

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Chair Jose Azarraga is coming back in as a panelist now.

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Thank you.

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Do you see his hand?

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Man.

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Good morning, sir.

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Good morning.

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

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Good morning, everyone.

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My name is Jose Arzuaga, spelled in J-O-S-E-A-R-Z-U-A-G-A.

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

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Yes.

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Could you please turn your video on?

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Okay, I'm going to do that now.

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Okay, it's on now.

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Thank you.

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So this application is for the erection of a carport structure and open roof deck in the rear of the property.

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The proposed carport structure and deck do not have the minimum open area required in the RSA 5 zoning district. The proposed carport structure and deck do not meet minimum rear yard depth requirements in the RSA 5 zoning.

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The proposed carport structure and deck do not meet the minimum rear yard area requirements in the RSA 5 zoning.

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And the proposed carport structure and deck exceed the maximum occupied area in the RSA 5 district.

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Our vice chair has a few questions for you, sir.

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Okay.

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Good morning, sir.

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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, everything is emailed.

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I have a witness here.

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thank you so yep thank you much uh please proceed to share your screen

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it's your presentation um green button at the bottom of the screen share screen

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okay

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I'm trying to get on I want to call Ian Smith as a witness is that your architect

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yes okay he will be able to share his screen for the documents but you will

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have to speak okay he is Smith please raise your virtual hand he's coming in

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is a panelist now chair morning sir and mr smith you can um share your screen and bring up the

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documents uh but you will have to let the owner um represent himself and speak i'm here sorry

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about that it kicked me out and brought me back in

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Okay, Jose, you're going to start testifying now, what you're trying to do and things.

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Jose, you're going to start testifying now what what what you're trying to do and things like that.

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And as you testify, he will move the screen. OK. So here's your project information.

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Go ahead. Tell us what you're trying to do. I'm trying to I'm trying to get all the right.

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Permits in the zone and be legal, because when I did everything, I didn't have no idea of the permits and stuff.

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I got my own stuff. So I'm trying to fix the problem. That's what I want to do.

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My mom stays at this house

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And stuff like that

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So I want to make things right

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Show us now

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Is that

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I would like to get the

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I want to make things right

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Because Ellen and I will send me some stuff

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So I want to make things right

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I got the tax clearance

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Everything's in order

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I have all the paperwork that I needed

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And stuff like that

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Why don't you give us a picture

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That zooms in on the structure you built

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Okay. All right. There it is right here with the garage on the bottom. The walls, sidewalls on both sides. And up top, new payment in front of it because did the new payment in front too because the back driveway was horrible. So we fixed that too.

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I just did it when COVID hit

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for my mother because

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she could pull in her car to be safe

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to get in the house and everything.

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Here goes all the plans

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you need and everything.

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as a pull down garage door too yeah um it's electronic sir push button but you can also

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use it as regular pull down manually if you want

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we have with the public meaning and this is the mail we send out for the neighborhood

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did you do this yourself then hire the architect later

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um i hired the architect later on for this presentation

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no i had ian already working with me for a while when ellen i started um sending me the

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complaints of what i did i had to get permits and all that so i hired mr ian smith to help

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me out through the process and everything so i can get things done the right way because

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i don't want no problems with nobody all right um is there anything else you want to add

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not at the moment sir questions from the board so what was the refusal for

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um the refusal

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hold on there's four four or five issues okay it's right here it's on the screen now

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so so you said that you that um you're you have your architect on board to to get building

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permits or you got building permits well he has everything he's working on everything for me so

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he's the one been working on the stuff for me and everything for the zoning and all that stuff

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so so you haven't submitted for building permits this is this is so your first step is zoning

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right i think i believe so

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um was there any okay when you did this did anybody uh try to stop you or

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no man nobody tried to stop me this been up already for all that i would say like at least

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four years ma'am so you put this up four years ago my covid kid i did it for my mother you know

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because I wanted her to be safe coming into the house,

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just going with her little car into the garage and stuff.

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This has been up for four years already.

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So there was an issue with next door.

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Something went on, and then it jumped to ours,

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and they sent me paperwork.

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So now I just want to fix everything the right way with the permits

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and everything, all the requirements.

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That's all I want to do.

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So this is a garage or it's a carport?

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It's a little small garage

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And then it has a deck above it

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It has support beams over

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And everything for structure

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A fully enclosed garage

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Yes

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So it looks like it's open in the back

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So it looks like it's open in the back and there's a.

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And there's a

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Yes, it's open because the garage door was up because when the photos were taken to show you all the inside and everything of the garage.

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Other questions from the board.

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Questions or comments from our attorney, Hillary Emerson.

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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, Chair.

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Any commission?

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in the existing single-family residential RSA 5 zoning at this location.

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The Apollo constructed the corporate and roof tech that brought the property out of compliance without the benefit of permits.

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The encroachment of the sidewalls of the side of the carport onto the rear yard would block vehicles from turning into abutting spaces.

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Therefore, the Planning Commission recommends that the Board deny the requested variances for open space, rear yard area, rear yard setback, and open area.

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MI 2024-003-748-2074 Anchor Street, I vote no.

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michael johns i vote no cheryl gaston i vote no ishmael shaheed my vote is no

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thank you sir

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we move to number here let's see here

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Number two, MI 2024-003-543-319-21 North Daggett Street.

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Raymond DiRizzio is the attorney.

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

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good morning mr chairman and members of the board council i've already sworn you once just

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