civus
Hearing video

ZBA Hearing - November 17, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20205h 18m

Hey, Mike.

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Hold on, Kevin. I'm sorry. So could I just hear the name of the RCO again?

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Passion Capital Revitalization Corporation.

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okay okay and i'm sorry that so leon malloy is the contact for that organization i'm sorry i

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i wasn't very clear so this was not the hearing rco it is a non-profit that has jurisdiction it's

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a public space maintenance organization um we basically do street cleaning including um the

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block where this property is and we and own the um the singing fountain

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okay well we we met with the coordinating rco several times and and worked with them you know

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and i'm sure kevin will will will chime in i mean this is the last thing that

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we want to do but we feel it's out of bare necessity and kevin kevin can speak to it um i

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I don't understand why, you know, all of the notices are for the application.

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We know we're sent to all neighboring property owners and we have affidavits of service stamped

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and they're included in the record as Exhibit K.

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This is the first we've heard of this organization's opinion or authority on this, and I'm just

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a little surprised that they didn't participate in the several, especially if they knew about

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surprised that they didn't participate in the several, you know, especially if they knew about

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it, the several RCO meetings that we did have where we discussed, you know, the fence application

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in detail and at length. And Kevin may want to add some things. Kevin? Excuse me, Mr. Malloy,

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before Kevin begins, just to be clear, the space that is being enclosed by the fence is not public

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space. It is privately owned space. Is that correct? That is correct. Yes. Thank you.

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Okay. This is Kevin Murphy, the vice president of facilities for True Mark.

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You know, we, we don't want to have to put a fence up, but unfortunately it's gotten to the

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point where we have homeless people sleeping at our door and our employees and our members have

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to get into the branch in the morning to open up and at night and with daylight savings time it's

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an issue it's a security issue um and true mark feels very strongly that in order to better secure

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the property to make it safe for both employees and members that we need to install a fence now

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the fence will be open during the hours that the branch is open you know 8 30 to 5 30

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with access being able to get through the parking lot and everything.

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The only time it would be closed would be at night.

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Again, I can't stress enough that, you know, this fence is needed for security purposes.

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And we've worked with the ARCU.

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Unfortunately, we didn't know about this ARCU and are willing to work with them a little bit.

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But we really need to get this fence installed.

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what's going to prevent the homeless people from coming in when the fence is open

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well hopefully they won't stay there we we do work with the police uh in making sure that they move

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along as well as ticketing some of the cars of the neighbors that park in the lot i think the

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point is too and them congregating in in the evening and then having to clear people out in

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the morning, which is the biggest issue. And why six feet seven? That's a little bit high.

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Well, so they can't climb over it.

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I mean, I think we've done a really good job in putting some silhouettes on there. Welcome to East

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pass young the liberty bell um you know skyline of philadelphia the love sign so i think it's not

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it's not an ugly looking fortified looking fence it's something that is inviting well it is a

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little fortified looking that that's my opinion though i don't know we hit a wall you know with

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the RCO as well. We worked with them on the hike. It went down from eight to the six and a little

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over six and a half to try to curb some of that institutionalized look to add some of the features

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that they wanted. The fact of the matter is that there's not many ways that you can design a

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security fence that will prevent people from calming over it or getting through and

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have it look um as attractive basically you know if there's not many ways to make a fence

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designed for security um also look nice and that's where true mark has i think come

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uh you know taking taking the time to and is spending the money to try to make it

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look as best as it as they possibly can

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the board have any thoughts or questions

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no no no excuse me madam chairman i believe uh mr leon malloy is uh is he with his hand raised

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if he'd like to uh have him be allowed to speak i can do that sure that's great

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Good morning, Mr. Chairman, as well as the board.

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Can everyone hear me?

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Hello, can everyone hear me?

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Yes.

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Yes, sir.

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Good morning, everyone.

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My name is Leon Malloy.

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I am the president of the East Passione Crossing Civic Association, which is an overlapping RCO.

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our boundaries are from Broad Street to Sixth Street, from Tasker to Snyder. So this is right

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within our boundaries for the Civic Association. I believe Brian Fenstermaker, the executive director

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boundaries for the civic association i believe brian fenstermaker the executive director of park

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is also maybe in the waiting room or trying to get into the meeting as well um so we are an rco

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in this area we are um can you email um so on behalf of the board of directors of the east

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passing crossing civic association we are opposing this fence um it is at the gateway of east passing

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avenue um a lot of resources and and time and development have have taken place right at this

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area right directly across just south of this fence is a public triangle and and park that is

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you know the gateway to the to the avenue um we are not in support of putting up fences it's

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um discouraging for um visitors of of the area who you know will get a sense that this area is

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not safe which it is um we are a little bit concerned about you know the the current condition

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of the the mural um you know it's the tiles are falling off so adding another fence to maintain

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is an issue for us um as well as the tree pits um which are you know typically overgrown

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um so adding a fence where you know trash can get trapped and um

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you know just kind of shutting off the neighbors um you know the neighborhood

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is is against with what we want to do do do you swear and affirm that everything you've said was

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the whole truth and nothing but the truth i do thank you

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has anybody considered a lower fence

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well i think we if you just uh this is uh because it's really not inviting

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i think we need to um i just think that if the board could um uh just give me a few

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minutes to maybe contact my client um by phone and just speak with him for a few seconds um

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uh this is we we've not we had not heard previously and i thought that the coordinating

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that the um south broad street was coordinating with the other rcos in the area so this is the

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first time we're hearing mr malloy's objection and his action to to that we had not heard of

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that prior to to that so I had asked for meeting minutes and South Rock Street neighbors said that

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they are not public so I was unable to get the meeting minutes for that well that's unfortunate

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that we just hear about it now as to some of the issues that you talked about the trees the tree

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pits the maintenance of the mural you know the the applicant has agreed to do whatever it necessary

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to restore the mural and to, you know, maintain the tree pits and the area.

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So, but as to the fence, let me, if you just, could the board maybe give me two minutes to

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contact my client here and just go off the record quickly? Sure. Thank you.

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um madam chair or yes but um vice chair um if it's okay could we move this to maybe a later

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um time in the session oh sure and then we can move on thank you so kindly thank you so kindly

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we will move on to number 12 calendar number mi-2020-001124 the address is 40 55 richmond

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street and the law firm is archer and griner this is sharon saleta i do not have any record

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of having received exhibits for this case.

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So do we just continue this Sharon?

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So I see your hands raised

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for this particular case Madam Chair.

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Yes, if there is no one here for it, then yes, continue.

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Okay, the chairman is back.

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Chair, we need to maybe have you go out and come back in.

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We're not getting any volume at all.

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hear me now yes okay thank you sorry about that mi 2020-001124 4055 richmond street is continued

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This is Sharon Saleta again. I'm not sure if you called number 11, but I also have no record of having received exhibits for that one.

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So if I could interject, this here was continued by the Attorney of Record, I believe it's Zin Jin.

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Thank you.

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calendar number mi 2020 001122 5328 vine street

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the attorney is verne anastasio okay great

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morning mr anastasio to proud to panelists now

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jason you're breaking up burn are you there uh name and address for the record please

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we can't hear him i'll meet yourself mr anastasio

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good morning madam vice chair members of the board verne anastasio 1315 walnut street suite

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1006 philadelphia pennsylvania 19107 thank you do you agree to um no strike that do you swear

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affirm to tell the whole truth and nothing but the truth i do and then do you agree to waive

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reading of the refusal and stipulate to its accuracy. I do. Thank you. You may proceed.

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First, I want to start with the sharing the rendering. Can everyone see this?

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Yeah. Okay. Can we see the rendering? No. Can't see the rendering. Okay.

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Give me one second. If you don't mind.

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this is the proposed structure it's a three-story residential structure three separate entrances

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two on this on the side street one on the main and we have two window wells as well

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on the ground here this is

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okay one second

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and do you see what's up there now yes we do okay thank you very much uh this is the vacant lot

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in question, and the application was initially for, let me pull that up for you, initially

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the application was for the construction of an attached structure with vacant commercial

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space on the ground floor and a two-family dwelling above. After meeting with the RCO,

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they requested that we eliminate the commercial space and add additional residential units.

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As a result, on the 23rd of October, Ms. Sunkit allowed Mr. Curtis to permit me to resubmit.

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And as a result, there was a new refusal issued 30th of October 2020.

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20 and the application was for a semi-detached structure for use as a four-family dwelling

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and that's what we're here today to discuss and with that

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let's see this is the proof of posting our property is on the corner of north ruby and vine

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right here. Right next to it is a 22 unit single-room residence. It's on the same block with

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another four-family dwelling and five-family dwelling. And again, what we're seeking is a

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four-family here. With that, here are elevations. And we also have interior layout.

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elevations. And we also have interior layout with two bi-level units. I already spoke about

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the window wells at the lower level. And then we have the second floor being one large unit

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and the third floor being one large unit. There's additional photos of the subject property.

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Again, it's on a block with a 22 unit right next door, another four and five family dwelling.

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There is the flyer that was mailed and our proof that went out to 128 households.

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We also have the deed, the tax certification, and unanimous support from the RCO with two in non-opposition and seven in full support.

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With that, I'd like to have my client identify himself so that he can be recognized.

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I'm not sure if Kelvin, or Mr. Hand, I'm not sure if...

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Wait, I'm looking for a Kelvin right now.

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Kelvin Quick.

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Kelvin Quick.

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no i do not see a mr quick and the attendees uh room sir i'm sorry that's quite all right

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uh then i'm going to ask as a member of the of the court uh in good standing uh that the board

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accept uh that my client would in fact adopt this presentation as his own testimony and with that

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i rest my case and good to see you again miss vice chair good to be here and it's good to be seen

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does the board have any questions oh wait i'm not doing this frank you are

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is there anyone else tanya who would like to speak on this i see no one else madam chair

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Thank you, Jason. Planning Commission.

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Good morning, David Fecto, City Planning Commission, Mr. Chairman and members of the board.

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This property is indicated for single family residential use on the comprehensive plan.

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We believe that this proposal is out of character with the block.

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Accordingly, we recommend against granting these variances.

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Point of note, it's adjacent to a 22 unit single room residence.

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after that there's a vacant lot and then on the same block another four family dwelling

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and a five family dwelling there's not one single family property on this particular block

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again does the board have any questions no no no calendar number mi 2020-001122

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53 28 vine street my vote is yes my vote is yes my vote is yes my vote is yes thank you all

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you're welcome calendar number mi 2020-000059 5627-41 hegerman street

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Madam Chair, we have received a request to continue from the Attorney of Record, Sean Ward.

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Okay, this case MI-2020-000059 is continued.

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And if I could request, Madam Chair, this application begin in July of 2019,

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if we could request that this be labeled as a must-be-heard.

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okay this case mi 2020-000059 is continued but it's also a must be heard

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thank you thank you

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where are we now calendar number mi 2020-000718 6066 vine street

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Carol I'm doing a voice check can you hear me yes I can I can it's twice so far I kind of lose the

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vibe I have to go out and come back in and come back in Mr. no hands Mr. Chairman uh Miss Vice

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Chairman this on Vine Street yeah this is for um

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This is on Vine Street?

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Yeah, this is for

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6066

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Vine Street.

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I've seen

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no hands from anyone.

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Number 15?

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This is Sharon Saleta. I have no record of having

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received exhibits.

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Okay, so it's

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MI2020-000718

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6066

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Vine Street

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is continued.

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I was at

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frank you're muted

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i i was out for a while so i apologize what happened to case uh 13 page 13 and 14

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this one we just continued was number 15 on our list that's right vine street was voted it was

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yes all um and hegerman street was continued must be heard you do have to go back to mr

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malloy's case he was he asked for a few moments to talk with his client number 10 that's number 10 yes

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is mr malloy ready

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if not we'll go to aromingo avenue and i think sharon i apologize well i was off uh you we have

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some add-ons i believe we do have add-ons um so let's get a broad 1931 broad in aromingo then

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we'll go to the add-ons okay um i'm sorry if i could make a special request sure could we do

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