civus
Hearing video

ZBA Hearing - December 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 20, 20237h 17m

And that concludes my business may be.

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Yes, yes, sir. Yes, sir. Thank you.

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All right. We're going to hear number two and number nine together.

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MI-2023-004796, 1940 North 22nd Street.

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And number nine is...

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We're hearing two and nine together.

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Am I right, Hillary?

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That is correct, Mr. Chair.

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Okay, so number nine is MI 2023-004-633-2672 Braddock Street.

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No.

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Okay.

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Mr. Nockamson?

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I believe, Mr. Chair, you want to hear 1938 and 1940 North 22nd Street together?

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Yeah, we got this wrong here somewhere, Hillary.

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what what number is the other one now hold on one second it's okay it's okay it's 10 it should be 10

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number 10 okay all right good so the the second one is sorry am i that's okay hillary that's right

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the numbers got shuffled am i 2023 004 797 1938 north 22nd street um both had meetings uh with

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St. Elizabeth's RCO, but we do not have letters up yet.

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Do you have any?

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Yeah, so, Mr. Chair, for record-keeping purposes,

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my name is Alan Nockamson of Nockamson, P-C-A-L-A-N,

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last name Nockamson, N-O-C-H-U-M-S-O-N.

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So we noticed the meeting.

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I stood out in the cold for 30 minutes with my client and everyone else.

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No one from the community showed up.

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None of the community meeting leaders showed, community leaders showed up.

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Our office, like just to get the meeting, took like probably a dozen or so communications.

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And we finally got something.

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Since the meeting date and time, we've reached out to St. Elizabeth's.

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Since the meeting date and time, we've reached out to St. Elizabeth's. No one's responded to us. So it's our position that a meeting did take place. We can only do what we can do. And this is a pretty straightforward project.

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No one's responded.

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so i i think yeah unfortunately i if i had known this ahead of time this would have been handled a

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little bit differently um mr knockamson did you reach out to rco notification or for the council

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office for assistance we have and you know as you know also i believe this is the fifth

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councilmanic district it's been difficult yeah it's it you know it's it's been very difficult

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and challenging given the change in administration

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within the 5th Council of Meta District.

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No one's gone back to us either in that respect.

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So, and, you know, this RCO, St. Elizabeth's RCO,

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you know, again, you know, they're dutiful

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in their volunteer commitment in some ways,

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but getting community meetings,

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we've never been able to get one.

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And I don't know why they keep getting appointed

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as a coordinating RCO.

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i don't know we had we we had them yesterday as uh witnesses i guess i just have bad luck mr chair

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hillary can we go on without a meeting um

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like i said i really wish i had this information ahead of time um because then i could have checked

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to verify the efforts that had been made

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to have the meeting and see if it was an opportunity

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if the board, because I don't consider if the presentation

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wasn't made to community members, I don't believe that meets the code

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for having a meeting, even though the notices went out.

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So, Alan, here's what

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we're going to do. We're going to continue both these cases. And what we'll do is

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you know when we come back for me must be heard please we'll do a must be heard absolutely okay

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and then when we get back we'll figure out how we can move this along a little quicker

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so mi2023 i'm so sorry to interrupt no you most certainly can may we put a timeline on this i i

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i um i would i would like to see this happen within the next 30 days wonderful thank you

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very kindly, Chair. Okay. So MI 2023-004-796, 1940 North 22nd Street, and MI 2023-004-797-1938

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North 22nd Street. Both cases are continued. Mark must be tried. Looking to have this done within 30 days.

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Let me see where I am here now.

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So I'll go here.

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So number three, MI 2023-005-336-2628 Latona Street.

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Alan Nockmson is the attorney.

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Letter of support from Grace Ferry Community Council.

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Could you identify your client, please, in the relationship to the property?

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uh yes uh hold on one second uh 2628 the total ministry uh is owned by helping hands llc and

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then the virtual audience should be its member joe ross okay and our vice chair has just a few

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questions counselor do you agree with the reading of the refusal or stipulate to his accuracy i do

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have emailed in all the required documents and exhibits that is needed and required to

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proceed with this case, Bob is in advance of this hearing.

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Yes, I have.

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Please proceed and share the screen.

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Thank you.

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Hi.

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We're here to present 2628 Latona Street.

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This is a proposed single-family home on an RM1 lot.

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We'll review the notice of refusal.

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There are some technical dimensional refusals which are not out of character to the surrounding neighborhood.

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We did meet with the Graysbury Community Council, and they support our project.

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Again, not very often you take an R-in-one property and put a single-family use there, but that fits within the character of that community.

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I have an aerial view of the property showing that what we're offering in terms of some of the dimensional variances are not out of character with the surrounding properties.

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We have maps of the area, which again shows that this is an RM1 property, and all we're trying to do is put a single-family structure there.

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Photographs of the property in the surrounding area are plants and drawings, are RCO meeting notice, and we met with Gray's very...

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Our plans and drawings, our RCO meeting notice, and we met with Gray's very community council in the pre-community meeting.

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They bedded our project.

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We, you know, they liked our project.

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We met with the community.

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They liked our project.

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So we have a letter of support from them.

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But we have an RCO meeting notice showing that we met with them for the community meeting, our application for appeal, our deeds of property, and a certificate of tax credits.

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Again, at the conclusion of my presentation, I would ask that Mr. Ross virtually raise his hand and be sworn in.

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Notice of refusal.

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So this is a single-family structure, and we have a few dimensional refusals, which are de minimis in nature.

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Our occupied area is proposed 82.8 percent, not the biggest lot in the world.

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Our lot area is 651 square feet, so in order to do a functional floor plan, we need a little bit more occupied area than would be allowed as of right.

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um we're going up uh three stories uh which you know you know and straight up and that's a

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technical refusal because we're uh in between two two story structures but that's not the most

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common because our block is a mix between two and three story structures so what we're offering is

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not out of character either and in order to have a functional floor plan on the third story we need

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to actually go straight up we're not asking for a height variance we're just asking for a setback

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variants in the front. Our rear yard, de minimis, we're only, we're asking for an eight foot rear

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yard setback. Again, not out of character. And again, given the size of the lot, you know,

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this is something that we desperately need to have a functional floor plan for the single family

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structure. It goes kind of hand in hand with the rear yard area where we're proposing to have 112

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12 square feet of rear yard, again, because of this small size of the lot, and because we want

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to have a functional floor plan for this single-family structure, we're asking for that as

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well. And the height is a misnomer. Because of where we are, where the pilot house is,

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really the height from a roofline perspective is 34 feet. But because the pilot house hugs

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in the back, it's counting towards the height. But it really is not an issue in the community

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did not see that as an issue either.

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So we met with the community and, you know, they support the project.

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And then from an aerial view point of view, this is a vacant lot, but you can see that

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there are some structures which would run afoul of the Philadelphia zoning code from

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a rear yard setback situation, an occupied area, you know, situation as long as well

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as a rear yard depth situation.

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And then maps of the area. Again, I think because of the size of a lot, it's appropriate to have single family use.

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And that's what we're embracing here, even though this is considered a multifamily zoning section of the city.

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And then photographs of the property here, as you can see, we're between two two story structures.

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It's not the widest lot in the world. That's what's giving us problems in terms of conforming dimensionally.

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But this lot has been vacant for well over 15 years, and it's just very difficult to build here because of the size of the lot.

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And we want to put a functional single-family house here, and that's why we're asking for these variances, which is a lease modification that's available under the Philadelphia Zoning Code under circumstances.

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Here's our proof of posting for today's hearing.

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As you can see, there are three survey structures on both sides of this block.

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from, you know, both the left and right of Latona.

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So you can see that it's not out of character

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to have it go straight up three stories.

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And then our plans and drawings.

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Again, we try to mimic, you know,

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from an architectural standpoint, a brick facade.

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We have lentils.

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We have a pronounced cornice line.

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Even our windows are like, you know,

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a lot of light and air in there.

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And then just our floor plans, basic floor plans.

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You know, you walk in, open floor concept on the first floor.

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You have three bedrooms, two on the second floor with one in the front, one in the back.

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And then we have a master suite on the third story.

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It was a well-attended meeting.

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And, you know, we met on November 28th.

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Proof of email of that meeting's notice.

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And then 194 addresses were notified of the meeting, listed the addresses.

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Proof of mailing to those addresses or application for appeal that we filed on behalf of Helping Hands LLC,

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along with the notice of refusal and the project information form or detail property showing that, you know,

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Helping Hands LLC is the owner of the property. And finally, the certificate of tax clearance.

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So with that being said, I would ask that Mr. Ross.

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With that being said, I would ask that Mr. Ross virtually raise his hand.

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Mr. Ross, if you are in the audience, please raise your hand.

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I see no hands.

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Okay, thank you.

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Mr. Nockamson, your office of the court, will accept your testimony.

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Questions from the board?

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No, Chair.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Mr. Nockamson, did you show a tax clearance?

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Because the page that I saw said you were still working on the tax clearance.

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Yeah, so I would ask, so I'll take a look at that.

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I thought we had one.

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I can, you know, ask Mr. Goldberg, maybe, you know, while I'm presenting, I'll ask him

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if he has one in his possession.

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Maybe this is an older version of our presentation materials because we submit those five days

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beforehand and if there's outstanding items like that.

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So I'll find out from Mr. Goldberg.

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So from that.

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So if you just want to give me one second, I could just ask him.

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Sure.

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Sure.

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Thank you.

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Thank you.

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Thank you.

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all right um well let's let's hold that let's hold this one under advisement and i'll i'll

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get a tax when i get the tax clearance certificate then the board can vote okay

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fine with me um hillary we won't give this a date right we'll wait to see when it's available

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yes that's that's fine Mr. Chair thank you do we want to make sure that

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yeah we can go to the public and go to planning yes we'll do everything else

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comments from the virtual audience please

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I see no hands planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the rm1 multi-family zoning at this location

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we feel the undersized dimensions of this property represents a hardship that justifies

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the dimensional variances accordingly the planning commission recommends the board grant the variance

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Thank you. We will hold this until we have the tax clearance straight.

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Thank you.

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All right, we'll go to now number four.

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MI 2023-004-635-1906-12, North 6th Street.

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Mr. Nockamson is the attorney.

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Letter of support from APN.

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Thank you.

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Alan Ockamson, Ockamson, P-C-A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N.

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Can you identify your client and relationship with the property?

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Yes, 1900 North 6th Street LP, and in the virtual audience is Jim Maransky, one of its members.

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Our vice chair has a few questions, sir.

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Counselor, do you agree to wait a reason or the refusal or stipulate your agency?

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I do.

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have you emailed then all the required documents that is needed and required to proceed with this

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case five days in advance of this hearing i have thank you anyone let me change the screen please

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all right thank you all right so i'm here to present

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uh 1906-12 north 6th street uh this is an adaptive reuse of a property which had

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