civus
Hearing video

ZBA Hearing - March 29, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 29, 20233h 52m

Thank you.

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Okay, Chair, we have 24 attendees, and you can start as you wish.

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Thank you.

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Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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our board member Thomas Holliman

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and our alternate board member this morning

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LeBaron Leonard Palmer.

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Also present is our attorney Hillary Emerson

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and our executive director Tanya Sunken.

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Here's our virtual format. Be advised. Proceedings are being recorded.

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A video will be available by contacting tonyasunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To an interference statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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Any comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at our continuances for this morning's meeting.

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Number one, MI 2022-006-213-2551 West Silver Street.

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that case is continued. Number five, MI 2022-006-279-5246-50

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Belfield Avenue, that case is continued. And number six, MI 2021-005-123-931 South 18th Street,

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that case is continued. Are there any comments relative to the three cases I've just continued?

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no hands chair thank you are there any other requests for continuances

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good morning chair this is Yvette Benton I'm your co-host for today

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I see no hands at this time chair thank you very much we're going to take a look at several cases

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that we do not have exhibits for.

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Number three, MI 2021-003-092-41 North Robinson Street.

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Larry Hawkins is the owner applicant.

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There are no exhibits.

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This is the fourth listing.

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Mr. Hawkins, if you're in the virtual audience,

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please raise your hand.

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Chair, I see no hands at this time.

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Thank you. So, number three, MI 2021-003-092-21-North Providence, I vote to dismiss.

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Thomas Holloman, I vote to dismiss.

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Ishmael Shaheem, I vote to dismiss.

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number 10 mi 2021 003 057 4841 north 6th street leonard perez is the applicant no exhibits fourth

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listing i see no hands at this time chair so number 10 mi 2021 003 057 4841

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41 North 6th Street. I vote to dismiss. Thomas Holloman, I vote to dismiss.

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Ishmael Shahid, my vote is to dismiss. Thank you. Number 12, MI 2021-003.

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Thank you. Number 12, MI 2021-003-062-230 West Wensley Street.

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Mohamed Najee is the applicant, no exhibits, fourth listing.

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I see no hands at this time, Chair.

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Number 12, MI 2021-003-062-230 West Wensley Street.

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I vote to dismiss.

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Thomas Holloman, I vote to dismiss.

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Ishmael Shaheem, I vote to dismiss.

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Number 13, MI 2022-002-900-5304 North 5th Street.

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uh charles coxman is the listed applicant no exhibits this is the second listing

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i see no hands chair the number 13 mi 2022 002 900 5304 north fish street i vote to dismiss

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thomas holliman my vote is to dismiss

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And number 14, MI 2021, 005-068, 2049 Shelton Avenue, Jamari Lee is the listed applicant, no exhibits, third listing.

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I see no hands at this time, Cher.

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So, number 14, MI 2021-005-068-2049, Shelton Avenue, I vote to dismiss.

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I vote to dismiss.

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Thomas Holloman, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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And number nine, MI-2021-002-889-2949-51 North Phillip Street.

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Enoa Polino is the listed owner.

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We have information this case is going to be withdrawn.

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I see no hands, Chair.

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So MI 2021-002-889-2941-51-North Phillip Street. That case is withdrawn. So we're going to go to our regular list.

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Chair?

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Yes.

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We have someone with a hand up by the name of Jamara Lee.

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I think, okay, let me, I called that earlier. Let me, let me go back to it. Okay.

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Ms. Lee, please unmute yourself and wait for the chair.

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can you hear me could you state your name please and spell for the court reporter

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my name is jamara lee j-a-m-a-r-a last name lee l-e-a right do you swear or for him to tell

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the truth the whole truth nothing but the truth yes uh your case was called we had this is the

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third listing we do not have any exhibits for your for your case okay so um what do that mean

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it means that we've called it three times you've never turned exhibits in

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exhibits okay all your paperwork so what we we have we have dismissed your case

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okay so what where do i have to go from here um my sense is you should reapply

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Okay. Okay. Thank you for calling in. We appreciate it.

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We're going to go to case number two, and we're going to hear this with also case number four.

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MI 2022-002-926-1430 South 6th Street. Richard DeMarco is the attorney. There is

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a letter of non-opposition from Passion Square Civic, letter of non-opposition from Council

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Member Squilla. And at the same time, we'll be hearing case number four, MI-2022-002-927-1426-28,

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South 6th Street. Same letters were sent in for both cases. Mr. DeMarco.

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Morning, Mr. Chairman, members of the board. Hi. Could you state your name and spell it,

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please, for the court reporter, sir? Richard DeMarco, D-E-M-A-R-C-O, last name.

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

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Yes. Could you identify your client in relationship to the property?

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Yes.

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Could you identify your client in relationship to the property?

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Yes. The client is Michelle Huang, who is the principal of the owner, LLC.

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Yes.

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

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do. Have you emailed all the required documents and exhibits to proceed with this case five days in advance of this hearing?

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Yes, I have.

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Thank you. Please proceed and share your screen.

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Okay. Thank you, everyone. Thank you, Mr. Chairman.

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So, yes, the companion cases, the site plans are actually identical for each.

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Let me start with the – so, obviously, the first case is the 1426-28 South 6 address.

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The other is the 1430 South 6 address.

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by putting on my screen the zoning refusal we're here for um this is a cmx2 property both

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properties by the way this is not the corner property i'll show you that on when i get to

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the photos so you can see exactly what frontage we're talking about this is an old uh actually

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meat and sausage uh building first uh with one story um the property is on cmx2 we're proposing

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three units in each of the lots. So two lots, three units each. We are refused because the

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first floor space will not have a commercial use, but will be a residential unit. And there's some

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dimensional variance as well. But I would tell you that three units are permitted as of right.

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So in actuality, the variance is for the first floor to be a residential unit, but three units are permitted, which would be a commercial storefront and two units above.

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So we're proposing to have solely residential on the first floor.

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We did do revised drawings.

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We met with the neighbors.

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We revised our plan, and we actually eliminated one of the variances.

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is we increased our rear yard depth you see here on your screen we had seven feet initially

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and both properties have now been increased to nine feet so at the conclusion if the board is

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willing we'd ask for a proviso one page for each case for revised plans. I'll get into the revisions

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a little bit more detail but the other revision is we changed the full bath in the basement to a

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half bath at the request of the neighborhood. But I do want to mention that on the floor plan,

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we also added walkout access to the re-yard for the first floor unit, which is a bi-level unit.

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So there is walkout access for that first floor unit. And I'll show you some photos and we can,

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we do have neighborhood non-opposition. So I'll try to be as brief as I can. I do want to give

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you a little bit of an idea of what we're dealing with. This property, I'll rotate

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clockwise. I'm using my courser to designate the properties that we're talking about.

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It's these two lots here. This lot, which says Maglio, is not included. This is a closed and

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shut off. You can see bricked over windows here, a commercial storefront that is not in

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operation. Our commercial use has been vacant for many, many years. There was an attempt to try to

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do a use that's more consistent with CMX2 by the seller. That failed. No one wants to have

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a commercial storefront in the middle of a block where there's been unsuccessful attempts in the

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past at commercial uses. There's a grocery store on the corner, so that eliminated the owners

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attempt to do a commercial grocery store, which would be consistent with CMX2. That was not

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possible. So the seller only was able to get residential interest, which was my client that

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purchased last year. I'll show you a couple other photos. Again, obviously, we're proposing to

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demolish this and erect two three-story, three-unit structures. I included some interior

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photos. This is the old use, which was the meat and sausage business. Looks like I have to rotate

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this. I'll briefly show you the changes on the plan, and then we can move forward with

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having my client accept testimony. Mr. Chairman, this was one of the additions. I'm circling with

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Mr. Chairman, this was one of the additions. I'm circling with my course through the rear yard access.

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That was the change, and I did not include the original plan, but we actually shortened the building in order to provide more open space.

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That was the main changes to the plan. Here, we reduced the bathroom.

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You can see here it's a half bath, and then there's a family room.

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But again, it's a bi-level unit with walkout access to the rear yard.

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Trash storage is available in the rear yard and on the roof deck for the tenants.

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And the second floor unit will have a sealed trash storage closet.

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And these were all negotiated with the neighbors.

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This is my proviso plan.

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Again, we have neighborhood non-opposition.

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The proviso form, excuse me.

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All right, so I'll ask Michelle to raise her hand virtually.

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She can accept my testimony, happy to answer any questions.

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So, Michelle, can you raise your hand virtually?

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Ms. Wang, please unmute yourself and wait for the chair.

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

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Yes.

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Mr. DeMarco, you're an officer of the court. We will accept your testimony.

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I can assess that all those facts are true and accurate, Mr. Chairman.

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Okay. Questions from the board?

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No, Mr. Chair.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Planning Commission.

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Thank you, Chair Bergman.

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David Fecto, F-E-C-T-E-A-U with the City Planning Commission.

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

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Yes, sir, I do.

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Proceed, sir.

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Thank you, sir.

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Mr. Chairman and board members, the comprehensive plan recommends a change in zoning to residential single family at this location.

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The applicant has shown that a hardship would be created if the ground floor commercial provisions of the code were applied.

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Absent the commercial unit, the applicant is essentially requesting this lot be treated as a residential multifamily property.

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The City Planning Commission recommends that the Board grant the removal of required ground floor commercial space for the construction of three dwelling units.

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Thank you. Thank you, David.

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Hillary, I'm going to vote these separately, okay?

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Yes, Mr. Chair, thank you.

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So, number two, MI 2022-002-926-1430 South 6th Street.

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I vote yes with proviso.

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revised plans, one page, stand by ZBA, March 29th, 2023. Thomas Holliman, my vote is yes,

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with proviso. Ishmael Shaheed, my vote is yes, with proviso. Number four, MI 2022-002-927-1426-28

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South 6th Street. I vote yes. Revised plans, one page, stamped by ZBA, March 29th, 2023.

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Thomas Holliman, my vote is yes with provisos.

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Kishmil Shahid, my vote is yes with proviso.

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Thank you, sir.

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Thank you, everyone. Have a good day.

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But number seven, MI 2022-006-297-436 South 54th Street, Steve Masters is the attorney, letter of non-opposition from Cobbs Creek Neighbors.

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

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Good morning, Mr. Masters.

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Good morning, Mr. Chair, members of the board.

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please state your name and spell for our court reporter my name is steve masters m-a-s-t-e-r-s

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i'm with the law firm of just laws do you swear or for him to tell the truth the whole truth and

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nothing but the truth i do could you identify your client in relationship to this property

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my client is the property owner monet amos okay our vice chair has just a few questions sir

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good morning counselor do you agree to waive the reading of the refusal and stipulate to

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

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Yes, I do.

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Have you emailed all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes, we have.

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Thank you. Please proceed and share your screen.

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Okay, thank you.

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Okay.

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Good morning again, Mr. Chair, members of the board.

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We are here on 436 South 54th Street.

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We have a refusal for duplex.

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This is a single family zoning of RSA 5, and that's the only refusal that we have today.

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