civus
Hearing video

ZBA Hearing - December 14, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 14, 20224h 42m

The community group was not in favor of that.

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for context for the board, just some of the other properties on the block to show

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that we will fit in contextually. This is 3840. 42 is the quadplex under development.

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This is our property, a proposed property at 3844. And if you move down the block, 3850.

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So you can see that we're trying to match the height of the windows. We have the front porch

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with the overhang. And also, we're trying to match the window dimensions and sizes on the

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second floor, as well as the height of the other buildings. And these are some of the other

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buildings on the block. Again, we'll keep our property at three-story below 38 feet if you

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have no issues with open air or rear yard space. The rest of the documents are the typical documents

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you would see in a proposal such as this. One thing I just want to point out to the board,

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my client recently paid his real estate taxes. There's a zero balance. And then there was a

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lien of 2518. And he was able to go to the sheriff's office and pay that off. Since this

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just happened on December 12th, that information has not been conveyed to the city. So we're unable

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able to have a formal tax certification, but these documents do substantiate that he is in

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current goods status with regard to real estate taxes and any liens that may have appeared on

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and any liens that may have appeared on the property mr chair this is hillary i just wanted

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the property. Mr. Chair, this is...

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to to jump in and from what i can see on the city's site um the the taxes are in compliance

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the real estate taxes for this property so we can vote on this today if the board is so inclined

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thank you thank you mr emerson the last thing i want to show the board was uh

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Just the zoning records for 3836 Fairmount and 3842 Fairmount.

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This is 3836, three units.

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And this is a zoning permit issued to 3842, as I said recently, in October of 2021, for a four-family unit.

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So in conclusion, I'd just like to say that we have some unique physical circumstances here.

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The lot is rather large.

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There's an adjacent quadplex.

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there's another triplex on the block we're not altering the essential character of the

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neighborhood we're not impairing the development of any adjacent property we're not impacting

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later air of any adjacent property i believe the project is in harmony with the code it's

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in harmony with the rest of the block and it's also in harmony with what the community group

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desires at this point in the development of this block with that mr chairman i rest and

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want to entertain any questions and have my client adopt the testimony. Why don't we adopt

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your testimony first? Mr. Dima, can you raise your virtual hand so you can testify?

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Mr. Dima, please unmute yourself. Yes, I do. Hi. Could you state your name, please,

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and spell for the court reporter? My first name is Lefter, L-E-F-T-E-R,

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and last name is Dehmad, D-H-I-M-A.

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Right.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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Yes, I do.

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Proceed, Mr. Clinton.

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Good morning, Mr. Dehmad.

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Were you on the call

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when I just presented your project?

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Yes.

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If you had the opportunity to testify,

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would you adopt my testimony as your own

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and as true and correct?

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Yes.

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Thank you, Mr. Dehmad.

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Appreciate it.

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All right.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Asa Inouye, Chair.

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Planning Commission.

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Thank you, Chair.

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Good morning.

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Sarah Bond, City Planning Commission.

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S-A-R-A-H-B-A-N-H.

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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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Proceed.

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In 2017, the zoning map was amended to RSA 5, Residential Single-Family Zoning, at this location.

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with the support of the community however the proposed variance will not cause detrimental

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impacts to the neighborhood beyond what might normally be expected for this use

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the city planning commission recommends that the zoning board grant the variance

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thank you MI 2022 003 987 3844 Fairmount Avenue I vote yes with proviso revised plans

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One page, stamped by ZBA, December 14th, 2022.

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Thomas Howland, my vote is no.

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James Snell, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you, Mr. Clinton.

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Thank you, Mr. Chairman, members of the board.

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Number 10, MI-2022-004-016-624-North 37th Street.

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Cheryl Gaston is the attorney.

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Recommendation of support from Mantua Civic Association.

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Okay.

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Cheryl Gaston?

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Yes. Good morning.

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Good morning. Hi. Could you state your name and spell for the court reporter, please?

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My name is Cheryl, C-H-E-R-Y-L, Gaston, G as in George, A, S as in Sam, T-O-N.

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

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I do.

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Could you identify your client's relationship to the property?

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Okay. My client is Joaquin Green.

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and he is the owner of the program okay our board secretary has just a few questions

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okay okay yes go ahead do you agree to waive the re the reading of the

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refusal and stipulate to its accuracy yes i do have you emailed all the required documents

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in within five days of this hearing yes we did please proceed

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of this hearing? Yes, we did. Please proceed and share your screen. Okay. Could we move up

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my paralegal, Christine Schlosser? You can. Thank you.

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But you'll do the testimony, right? Yes. Oh, yes. Okay, sure. I just,

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no, I got it. We understand. You've seen me here before.

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I want this to go smoothly.

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Okay.

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Proceed.

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All right.

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This involves a property.

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It's 624 North 37th Street.

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And the application is to convert the building to a multifamily dwelling.

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There will be three units for a total of about 25,000 square feet.

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and uh there's a uh existing two-story um edition in the rear which we want to demolish

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and we want to uh replace you get closer to the mic council get closer to the mic we had a hard

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time hearing that oh okay yeah we're good all right uh and we want to uh i'm not sure how much

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back i need to go um there's an existing two-story edition in the back of this which we're going to

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demolished, and we're going to replace it with a three-story addition attached to the existing

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structure. The property will be, as I said, renovated for this three-family use. On the

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first floor, there will be one-bedroom, one-bath unit of about 760 square feet. On the second

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floor there will be a two bedroom two bath unit of about 712 square feet and for the third floor

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again two bedrooms and two baths and about 764 square feet. So we did present to the

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RCO for the area

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and we do have a letter of approval

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going through our

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packet. We have

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our deed

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Yep

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and

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we have

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our

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application

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We have our notice of refusal, and it's just the refusal for the multifamily use.

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There are no other refusals.

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We have our application for appeal.

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We have a tax clearance certificate.

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We have a site plan, which shows you, again, the property as it appears.

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And there is a, you can see on the top where we're going to add the addition.

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And then we have a floor plan, which is part of the packet.

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Floor plan.

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Sorry.

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Yeah.

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Hopefully we can make the floor plan a little bigger so that you can see it.

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But again, there is a basement, but we're not using that.

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There's first floor, second floor, third floor.

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There won't be any deck.

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And the trash storage will be in the first floor unit.

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On the first floor unit, it'll be in the unit itself.

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And then for the second and third floors, we're going to probably have like trash compactors

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or something so that they can have their trash taken care of. We do have the pictures of the

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posting and we included in the packet some pictures of the exterior of the building

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and the interior as it is now.

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So again, this is like first floor unit where it's not that great looking at this point.

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We are going to make sure it looks a lot better.

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Can we just go to our RCO letter?

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And we have the letter from the RCO, which was for to support our variant request.

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And we have the other paperwork, the actual notification email from the Planning Commission, the addresses, our own letter, and the stamp certificate of mailing.

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Counsel, what's the surrounding area look like? Is there other multiple family units?

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Yes, there are on the other side of this property, which would be, I'm trying to orient myself here, I guess that would be on the other side. And then there's a community center on one side, and there's a church that's on the other block.

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Okay. So again, this is an area where this will actually be a rebuilding of the neighborhood. I

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think you can see there were a number of vacant lots where properties have been demolished before.

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So this is a way to help rebuild this particular area. It's close to public transportation. It's

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close to, as I said, a community recreation center.

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And again, it will be a way to start to rebuild this part of the neighborhood.

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Okay.

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Could we have your client adopt your testimony?

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Sure.

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Mr. Green?

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Mr. Green?

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I see no hands at this time, Chair.

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So, Counsel, you're an officer of the court.

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We will accept your testimony.

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Thank you.

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He may have had trouble getting on.

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Okay, questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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THANK YOU, CHAIR BERGMAN, CITY PLANNING COMMISSION, BOARD MEMBERS, IN 2017 THE ZONING MAP WAS AMENDED

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TO RSA 5, RESIDENTIAL SINGLE FAMILY ZONING AT THIS LOCATION WITH THE SUPPORT OF THE COMMUNITY.

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uh staying on i accidentally switched to a different address let me make sure that's okay

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okay here we go so we are at 624 north 37 thank you

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uh okay so the proposed use variance would alter the essential character of the neighborhood

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as well as uh the attorney did not offer evidence of unique physical circumstances

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for this location therefore the city planning commission recommends that the zoning board

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deny the variance thank you MI 2022 004016 624 North 37th Street I vote yes Thomas Holloman

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my vote is yes James Snell my vote is yes Ishmael Shahid my vote is yes

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thank you mr chairman thank you counsel that completes my business

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you most certainly can thank you thank you number 11 mi 2022

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zero zero zero four four seven three 5041 locust street verne anastasio is the attorney

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No RCO letter from the Walnut Hill Community Association as of this point.

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And also, we need a tax clearance.

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Chair, I see no hands, and I'm not showing Ms. Anastasia in the audience.

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Okay.

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um hillary did we hear from him at all on this one i i received the exhibit packet

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um let me see let me see if i can get him back on because he wasn't

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um let me see let me see if i can get him back on because he was on earlier give me all right

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so i think that's our last case for the morning

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yes

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yes

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Thank you.

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Thank you.

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stand by one minute we'll try to get this on as quick as possible we can't get them we'll continue

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he's getting back on mr chair thank you

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Mr. Anastasio is coming back in as a panelist.

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Okay.

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