civus
Hearing video

ZBA Hearing - December 20, 2023

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

It's the first time I do this, so I'm not an attorney.

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I don't have any experience.

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I apologize again.

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Okay, fine.

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The exhibit includes refusal, letter, RCO letter of support, letters of support from the neighbors, photos, plans, deed, certificates of mailing, text clearance, and zoning posters.

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So, Sarah, why don't we do this? Why don't you take us to the photos first? Because it'll be easier for us to figure out what's going on. Okay?

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No problem. No problem.

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And we know that Somerton has supported your effort. Okay.

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yeah so that's it there correct yes yes okay so it's slightly bigger than normal but as you see

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from the pictures my neighbors in the back have about the same size shed um it's even garage not

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the shed on the left from him not visible in the picture right behind mine same exact building

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right there in the corner after one house same exact thing there's literally 10 exact same

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sheds on my street just in my street on my block okay so that's number one number

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two is just a storage shed so I purchased the property 2018 it was in a

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very bad shape it was sheriff sale I purchased it in a very bad condition I

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i purchased it um in a very bad condition i would say i invested a lot of uh funds in the property

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would say

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installed a six feet privacy fencing of course asked all the neighbors about this i also asked

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all the neighbors about the shed if they have if anybody is against this i i did not hear any

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nose nothing okay um it's not a live not a living structure it's a two-way four shed

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it's a little oversized i guess but there's no communications i did the electrical to it but

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there's no plumbing no drain nothing like that it's not a living structure just the storage and

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you have five you also have five letters from neighbors on your block correct i can get more

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is just the closest i'm saying you have five right yes yes i have five i have all of the printouts

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from the posters that i sent it to everyone it's okay and you posted the property in the

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way when you had to you got pictures when you posted it correct yes just a second okay

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just a second so here it is one here you go right yeah yes right on the street right so

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and one on the door also just wanted to mention uh i tried to start the process right away with

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the permits but nobody was responding in uh basically in the zoo's uh zoning yeah we're

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basically saying you and i uh i even emailed and that's attachment the person who was in charge in

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that department in the city hall i was receiving zero responses completely zero responses that

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during the corona everything stopped nobody was doing anything and then in 2023 okay everything

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came up okay okay okay so go back to the pictures of it okay okay

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Okay. So, so questions from the board. Okay.

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No chair.

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Sorry, chair. No, no chair. No questions or comments from our attorney Hillary Emerson.

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Not at this time, Mr. Chair.

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What's your comments from the virtual audience?

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Yes, we have Alex Yudovich. They have been allowed to speak.

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good evening chairman member it is a good evening thank you could you say your name for the record

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please for alice udovich u-d-o-v-i-c-h on behalf of councilman bro all right do you swear or firm

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to tell the truth the whole truth nothing but the truth i do please proceed the councilman has no

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objection to the granting of the variance at this location thank you very much thank you for calling

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is there anyone else in the virtual audience

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no hands

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planning commission

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this is uh ron bednar city planning first name ron r-o-n last name bednar b-e-d-n-a-r

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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 please proceed sir the property is indicated for residential use under city plan

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The adopted district plan recommends no change to the existing zoning at this location.

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I believe the applicant's hardship is self-imposed, not supported with evidence of unique physical circumstances or condition of the property that would prevent it from being used in conformity with the code.

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Therefore, we recommend the request of variance not be granted.

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Thank you.

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MI-2023-003-341-507-Burgess Street, I vote yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Sir, you have your votes.

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Thank you very much.

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Can you?

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Can you?

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Let's see here.

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Okay, so we're going to go to, right there.

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We're going to go to number one, MI20230032451925North61ststreet.

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Zen Jin is the attorney.

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There's a letter of support from Overbook West Neighbors Incorporated.

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Xen Jin is coming in as a panelist.

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Good evening, counsel. Could you state your name for the record, please, and spell for the court's stenographer?

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Yes, good evening. My name is Xen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.

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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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do you swear or affirm to tell the truth the whole truth and nothing but the truth i do

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I do.

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

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Yes, my client is Mr. J. Eric Bronson, who's the owner of the property.

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

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Good afternoon, counsel. Do you agree to read another refusal or stipulate to integrity?

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I do.

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Have you emailed in all the required documents and exhibits that is needed

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I require five days ahead of this hearing.

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Yes, I have.

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Thank you.

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Please proceed as usual.

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Thank you.

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I'm going to share with the board the documents previously submitted.

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Can everyone see my exhibit?

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Yes, sir.

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Great.

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Thank you.

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So we submitted the refusal RCO letter and photos, plans, and related documentation.

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This application is essentially for the legalization of an existing two-family dwelling.

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The property is refused because it is now in an area that's zoned RSA 5.

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When we met with the community, part of the reason we received their support from pretty much all the neighbors,

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and most were near neighbors, is because my client has owned the property for many years.

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His family's been living in the property.

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And as far as anybody can remember, including all the neighbors, it was a two-family dwelling.

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So it being a corner property and the way that it was structured before, no one understood why he was not allowed to fix up his house, which actually led to this application.

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because when he started renovating, he went to get permits.

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And one of the reasons he was denied permits and told to stop any renovations

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and cease using the property was because it was shown in the city records as zoned as an RSA 5.

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Obviously, he's never needed to get multiple rental licenses because his family lived in there,

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even though it was structurally a two-family dwelling.

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Because the neighbors remember as such as well, and they know him well,

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They know that he's an active member of the neighborhood, does clean up the property,

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and they were actually more concerned with the fact that he couldn't do any work on the

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property for the past few months than the fact that the property is a two-family dwelling.

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What I'm showing is the plan of the existing condition of the property.

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This is actually how it looks.

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Essentially, the structure is once each story is one dwelling, and it's been this way for

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some time, and it's a two-story building on a corner. So with that, and with the neighbor's

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support, we would ask the board's favorable consideration in legalizing this use,

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because again, we believe that the use itself was at one point a non-conforming use that was there,

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and therefore I should not have been denied my client

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who's actually looking to finish working on fixing up his property

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and then moving back into the property.

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My client should be here, although it's been a long day.

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I don't know if he had to leave for any reason,

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but he should be here to verify.

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Do you have a photo you could show us?

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Yes, I'm sorry.

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I kind of jumped through the photos, my apologies.

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No, no, no, that's okay.

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Yeah, so this is the actual corner property.

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Yeah. This is the cease operation that was given when he was trying to fix the property.

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OK. All right.

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You are an officer of the court. We will take your testimony.

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He might still be here if we can.

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Mr. Bronson, if you're here, can you raise your hand virtually to be identified?

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Chair, we have a Jay Bronson. Is that the person?

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Yeah. Yes. Yes. Yes. They have been allowed to speak.

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Hi, sir.

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

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Jay, you're going to have to unmute your...

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Yes, there you go.

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Jay Bronson, J-A-Y-B-R-U-N-S-O-N.

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Right.

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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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Please proceed, counsel.

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Thank you.

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Jay, did you see my presentation and hear my representations to the zoning board?

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Yes.

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Can you verify what I have represented and what I have testified to is true and correct

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and adopted as your own testimony?

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Yes.

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Thank you.

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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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Not at this time, Mr. Chair.

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Questions from the virtual audience or comments?

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Here we have a Gregory Allen.

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they have been allowed to speak. Okay. Hi, Mr. Allen, could you state your name and spell for

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the court stenographer? Hey, Chair Board. My name is Gregory, G-R-E-G.

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Hey, Chair, Board. My name is Gregory, G-R-E-G-O-R-Y, Allen, A-L-L-E-N.

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All right. 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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Please proceed.

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So as Mr. Jinn has said, nearly all of the neighbors approved it. We mow Mr. Brunson well.

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He's lived there.

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In fact, he is a part of the district attorney's forfeiture program, and he helped to rescue

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that home from some years ago when it was a drug house.

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So he's a good neighbor.

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We had no objections.

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It was, in fact, a multifamily property.

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It has two electrical installations.

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the only thing we ask is that

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there's a garden on the

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Clifford Terrace side

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and we would like that to be

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preserved if that's possible

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because the former owner

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really kept it up really well

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and it would add a lot of

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beauty to the neighborhood

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thanks for your comments and we appreciate you staying

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around and calling us thank you

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is there anyone else in the virtual audience

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no hands

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planning commission

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This is Ron Bednar, City Planning.

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Property is indicated for residential use on the city plan,

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given its physical condition of the site and its use history.

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We have no objection to grounding appearance.

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Thank you. MI 2023-003-245-1925, North 61st Street.

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I vote yes.

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James Snell, my vote is yes.

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Ishmael Shahi, my vote is yes.

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Thank you, counsel.

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Thank you.

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Number two, MI 2023-003-267, 2015 Rohn Street.

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There's a recommendation of opposition from the Rohnhurst Civic Association.

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Vote was unanimous.

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Applicant provided petition in support signed by approximately 69 neighbors.

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Good morning. Good evening, counsel.

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Hi, could you say your name, please, and spell for the court stenographer?

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Sure. It's Dawn Tancredi, D-A-W-N. My last name is T-A-N-C-R-E-D-I. I'm here on behalf

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of Leonard Cid, the property owner.

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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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Yes.

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our vice chair has just a few questions for you

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