civus
Hearing video

ZBA Hearing - February 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 2, 20225h 49m

corridor that everyone's familiar with um we have second floor anticipated layout of tables

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for seating and restrooms in the back. This is basically an expansion of what you see.

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Here's a first and second floor or first floor basement layout that then this is the first floor

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that has been extended and already approved for use with this. A concept drawing by my client.

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And most importantly, again, the characterization of the assembly and entertainment. This is geared

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toward ambient conversational music with the occasional live DJ to play this ambient music.

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We went into great lengths to discuss with the neighborhood the nature of the sound system,

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that it is not large speakers and subwoofers shaking the place down, but that we are looking

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for, again, that conversational atmosphere and occasional live entertainment being like a solo

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violinist to accompany the music. We met with the RCO. Having been already before

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them within the past year for the first floor seeing that this is just a natural extension to

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the second floor we did have a significant uh support from the rco and for that reason i will

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show you that the tenant has a uh these are exemplar pages from the lease the first couple

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pages showing his interest and tax clearance certificate as well as notices of the posting

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For these reasons, we would ask that the board grant the variance for the assembly and entertainment on the second floor.

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And if the panel is agreeable, I'd like to bring on Wayne Shulick to testify.

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That's fine. Yep.

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Mr. Shulick, if you could raise your hand for the board.

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Mr. Shulick, if you're in the audience, please raise your virtual hand.

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He may be on by phone, and I will coordinate if he isn't already available.

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Chair, I see no one with their hand up at this time.

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Mr. You're an officer of the court.

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We're fine with your testimony.

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Questions from the board?

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No, Mr. Chairman.

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Questions from the virtual audience?

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Or comments?

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Chair, I see no hands at this time.

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Planning Commission?

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the board, in 2014, the zoning map was amended in this area, but this parcel was intentionally left as CMX3.

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The old city residential section of the CTR overlay expressly prohibits nightclubs and private clubs.

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However, the existing use, as shown by council, includes an accessory nightclub and private club use.

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And this building has been configured in such a way as to lend itself to this use.

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The City Planning Commission recommends that the board grant this variance.

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MI 2021-004515-222 Market Street, I vote yes.

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Harold Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Mr. Shahid, my vote is yes.

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Thank you.

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Thank you, sir.

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Thank you.

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Thank you.

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All right.

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MI 2021-003710, 2440-42 South 9th Street, Ying Fang Yu, no exhibits, first listing.

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Ying Fang Yu, no exhibits, first listing.

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Mr. or Ms. Yu, if you're in the virtual audience,

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please raise your hand.

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Cher, I see no hands at this time.

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Okay.

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who's fatina l

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you would be one of the zba staff no no hands okay right cases continued must be tried

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Number 11, MI 2021-003714-3222H Street.

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Ranjan Saffron is the attorney.

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RCO Impact, letter of support.

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Chair, Mr. Saffron is coming back in as a panelist now.

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Hi, Mr. Saverin. State your name and spell for the court reporter, please.

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Yes, Mr. Chair. Brandon Saverin. B-R-A-N-D-O-N. S as in Sam, A. V as in Victor, R-A-N.

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

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Yes, I do.

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Our Vice Chair will have a few questions for you.

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Hi, Mr. Saverin. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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yes i do madam vice chair based on the notes i see you've submitted everything as required is

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that correct yes we have you may proceed okay thank you very much um gonna share my screen here

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just give me one moment okay um so um i am here today sorry i'm going to silence my phone i

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apologize. We're here today on behalf of Esperanza, which is a non-profit organization that provides

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various community services led by the Reverend Luis Cortez Jr., who you see here. And the property

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we are here about is actually not shown here. I'm showing this for context. It's sort of on the back

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of this block i'll show you in a second along westmoreland street but we are uh right next to

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the famed intersection of kensington and allegheny next to the l station there this is a um old bank

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building that esperanza also owns and operates a health care clinic out of providing uh health care

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services to the immediate community. And several years ago, I'll say that building that I just

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showed you again is right next to the K&A L stop where my hand is here. Several years ago, Esperanza

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was able to purchase this large property at the back of that same block. So that's behind the

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building I just showed you along Westmoreland Street. It has an H Street address, but sort of

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the primary frontage there is on Westmoreland. So Esperanza obtained a zoning permit by Wright

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in 2020 to provide a whole host of services out of this property related to its general mission,

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education, healthcare, housing. On the fourth floor, you'll see in the permit text here,

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it got permission to now this is described here as a nightclub and private club but but in reality

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this is an event space um it's not a i think a nightclub is a far stretch uh even if that's what

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it was classified as by the examiner um now what we are applying for today is not a change of those

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uses it is to construct a roof deck on the fourth floor that is accessory to that gathering space

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So here's the refusal for that. That's the only refusal right there. Roof deck for non-residential use is prohibited in this zoning district, which is ICMX.

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I want to speak for one second about what I see as the hardship in this case.

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If I go back to this map, you'll see we sort of stick out like a sore thumb that we are the only industrially zoned lot in the immediate area.

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And the other properties, I don't know if any of them are quite as large as ours is,

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but the other large properties in this area around K and A are zone CMX3.

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are zoned CMX3. Now, if we, looking at the code, had been zoned CMX3 like these other properties,

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Now, if we, looking at the...

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we would not have received a refusal. We would have received a referral because roof decks for

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non-residential purposes in CMX3 are permitted by special exception. So again, given that

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we're not using the property for an industrial purpose. We are really asking for permission to

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do something that all of our similar neighboring properties would also be able to do with a special

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exception checkup from the board. So with that, I would like to call on Kevin Jaycey. That's spelled

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J-A-S-E-Y. He is the architect for this project, and I will briefly have him walk you through the

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roof deck plan.

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Could you state your name and spell it for the court reporter, sir?

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Sir, if you're in a tennis game, please raise your hand.

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Chair.

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Yep.

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Yes. Okay. His hand was just up, then it disappeared. Okay. There it is. It's back up

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again. Mr. J.C., can you unmute yourself and wait for the chair?

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Sir, could you state your name and spell it for the court reporter?

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Kevin J.C., K-E-V-I-N-J-A-S-E-Y. Right. Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth? I do. Proceed.

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Hey, Kevin. Thank you for joining us. So briefly, I assume what we're looking at here is a site plan from a bird's eye view perspective that was submitted for this application. Is that correct?

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That is correct.

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Okay.

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Could you, you know, I'll sort of tell a straight for you, but could you speak a little bit about where the roof deck is depicted here, how it's accessed, and sort of, you know, what form it takes in terms of location and safety features?

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So, yes, if you can zoom into the gray shaded area a little bit closer to the left.

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Yeah, so this is, as we mentioned, a four-story building.

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with amenities for the community. The roof deck was proposed as an amenity for, you know,

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access outside of the building. You access the roof deck from the interior of the building. There

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There is an elevator closer to the H Street side of the lobby.

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There's an elevator lobby that gets you up to that floor where the event space is currently located.

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And from that event space, there are doors, storefront or doors that open out to this roof terrace, which has a raised paving system for occupants to walk on.

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The roof deck is, you know, designed in a way such that there's a setback five feet per the code requirements off of the street frontage edge on the upper portion on Shelbourne Street.

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and with railings as shown there on the plan. The roof deck is designed to support the proper

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occupant loads that are required by code and the egress from the roof deck would be from that

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entrance that you walk in from. And then there's a, immediately to the left, there's a stair tower

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that brings you down to the courtyard level where you exit out towards Shelbourne Street or towards

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H Street in the courtyard. Thanks, Kevin. Does the board have any questions for Kevin?

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questions from the board no mr chairman no uh council do you want to bring your

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your client on thanks mr that's exactly what i would like to do next um so his name is justin

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perry okay

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mr perry you can unmute yourself or wait for the chair could you state your name and spell it for

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Could you state your name and spell it for our court reporter?

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for our court reporter?

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Yes, Justin Perry, J-U-S-T-I-N-P-E-R-Y.

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Yes.

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All right.

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Do you swear or firm 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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Hey, Justin.

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Can you share with the board what your position is within the Esperanza organization?

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Yes, I'm the Director of Operations.

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Okay, thank you.

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And were you able to hear the full extent of my testimony today?

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Yes.

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And was it true and accurate?

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Yes.

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And would you thus adopt it as if it was your own testimony?

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Correct, yes.

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Okay, thanks very much.

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And I think I'll just leave the board with brief snapshots here of our letter of support

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from the coordinating RCO and a letter of non-opposition from the district councilwoman.

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Thank you. Questions from the virtual audience?

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Chair, I see no hands at this time. Questions from the planning commission?

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thank you uh chair bergman ian hegarty for the philadelphia city planning commission

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the comprehensive plan recommends no change to the industrial commercial mixed use zoning at

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this location and you know we appreciate the mission of the applicant we don't believe that

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the applicant's hardship claim is supported with evidence of unique physical circumstances or

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conditions of the property. The property is neither zoned CMX3 nor proposed to be zoned CMX3

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in the comprehensive plan. So a comparison to that zoning district is not an appropriate basis

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for hardship in this case. The City Planning Commission recommends that the board deny the

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variance. I would just quickly counter that as illustrated on the map, the property is a relative

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island within the broader zoning scheme and that has been recognized as a hardship in various

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cases in the past in the state of Pennsylvania if i may respond uh sure yeah sure uh thank you

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very much for the opportunity i just want to take a moment to respond to that particular

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argument the zoning map is very clear and in cases where we have remapped and where

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the comprehensive plan has been completed the indicated zoning district on the zoning map is

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unique to that location it is not close to other locations it is unique to a property and it's an

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intentional uh designation that is reflected in a document that's been adopted by city council

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thank you very much mi 2021 003 714 32 22 8th street i vote yes carol tennari my vote is yes

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Thomas Howellman, my vote is yes.

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James Snell, my vote is yes.

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Thank you.

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My vote is no.

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Thank you.

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Thank you, everyone.

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MI 2021 003737 3930 Fittler Street,

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Catherine McCracken, RCO, East Targetsdale Association, letter of support.

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Chair, Ms. McCracken is coming back in as a panelist now.

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Thank you.

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

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Yes. Hello. My name is Catherine McCracken. That's spelled K-A-T-H-E-R-I-N-E. Last name

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McCracken, M-C-C-R-A-C-K-E-N. Thank you. Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth? I do. Thank you. Our vice chair has a few

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questions for you. Hi, Ms. McCracken. Have you emailed the exhibit packet with all of the

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required documents i have okay you may proceed thank you and hi mr chairman and the board um i

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am joined here today with my husband and co-owner of my property 3930 fitler street joseph matthewson

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just so you know he's here um and also our architect um who i have submitted as a witness

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on the list who if it's okay with you will help me in presenting our plans for the property his

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name is Gregory LaVaradera.

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Why don't I

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swear him now? Is that okay?

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Could he state his name

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and spell for the court reporter?

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Could I ask a quick question first?

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Could I ask a quick question first?

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This is Tanya, the administrator.

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This is Tanya, the administrator.

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Ms. McCracken, will he be presenting or would you be presenting the screen?

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Ms. McCracken.

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I'll be presenting the screen, but he will help present the design.

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Yes.

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Okay.

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