civus
Hearing video

ZBA Hearing - February 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 5, 20257h 1m

He's the architect for the project.

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Maybe he has something on his computer that could be helpful.

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Mr. Turner.

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so but we're just saying is the only thing that was existing was the

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pilot house which is the just the stair to get up to the roof that's correct and he's currently

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using the roof that the roof he's using the roof deck he just wants to enclose a portion of it but

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i mean that's the question yeah i mean what what when he uses the roof deck what's there is there

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like a patio i mean what does he sit on out there just sits on the roof no i'm assuming he has

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chairs and yeah there is some chairs there is an outdoor yeah he just used his chairs and table

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all right he just wants to create a portion of it as a four season use up there okay any other

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questions from the board questions or comments from our attorney hillary emerson

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yeah to me yeah i just wanted i did want to note um for the record that it appears as a refusal

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missing because this is increasing the the floor area of a use that was approved by variants so

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technically there should have been a refusal for that as well but i'm just noting it for the record

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that we don't need to change anything but i just wanted to note that for the record

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that's a different refusal than the height because that's kind of right no just because

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the uses that are there the multi-family uses those were approved by variants and because

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you're expanding the the those uses at the property you need another variance in order

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to expand them so that what that was just a missed refusal but it's just just for the record okay

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questions or comments from the audience questions or comments from the virtual audience yes chair

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i have one by the name of robert everett will be promoted yeah it's the neighbor association mr everett

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he's coming in now

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Hi, Mr. Everett. Could you state your name, please, and spell for the stenographer?

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I'm sorry. It took me a while.

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No, that's okay, Mr. Everett. Just state your name and spell for the stenographer.

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Sure. First name is Robert. Last name, Everett. E-V-E-R-E-T-T.

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

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I do.

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Please proceed, sir.

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Just here to confirm the RCO vote for Fishtown Neighbors Association in support of the project.

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Mr. Everett, thank you. It's usable for calling in. We appreciate it.

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Is there anyone else in the virtual audience?

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Alex Goldberg has his hand up.

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Alex Goldberg.

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Maybe he has some cleanup. Maybe we have a picture of the roof deck.

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His hand has went down.

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Mr. Goldberg does have his hand up.

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Yes. Thank you. Thank you. I appreciate that. Planting commission.

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Chair, Mr. Goldberg has been promoted.

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Okay. Mr. Goldberg. Good afternoon, Mr. Chairman. I do have an aerial if you'd like me to share my screen.

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Mr. Goldberg, could you first identify yourself and spell your name for the stenographer?

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Sure. Alex Goldberg, A-L-E-X-G-O-L-D-B-E-R-G.

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

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I do.

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Please proceed, Mr. Goldberg.

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I've never done this before.

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I know.

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I'm waiting to see the cross-examination of you, by the way, but that's besides.

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I'll let Alan take it from here, but there's your aerial of the existing roof deck.

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So, there you go.

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there you go there you go so it has i i think we use the full scope of the uh roof deck currently

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right okay mr goldberg thank you very much for uh helping your uh superior colleague

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planning commission

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amy wood with the planning commission the comprehensive plan recommends no change in

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zoning at this location from the existing single family residential rsa5 the proposed addition is

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on the interior of the property and will not exceed the height of the existing pilot house

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and is in keeping with the heights of the surrounding buildings it will not injure the

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use of adorning properties. The Planning Commission recommends that the board grant

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their requested variance for roof building height. Thank you. So, MI 2024-006-582-1113

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Leapart Street, I vote yes. Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes. Dianne Wynne, my vote is yes.

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Dishmael Shahid, my vote is yes. Thank you. Thank you. Have a great day.

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Thank you. Thank you, everyone.

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we could we could probably start we had we got enough yeah we're good all right

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mi 2024 006 407 719 samson street rachel pritzker is the attorney

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this recommendation of unanimous non-opposition from washington square civic recommendation of

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anonymous non-opposition from society hill and a letter of non-opposition from council member

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squilla rachel pritzker has been promoted okay

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good afternoon hi council you've already been sworn in could you just for the

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record state your name yes rachel pritzker and could you identify your client the relationship

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to this property? Yeah, my client is Catherine and Anthony Backos on behalf of the estate of

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Nicholas Backos. Okay, our vice chair has a few questions. Good afternoon, counsel. Do you agree

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to waive the reading of the refusal or stipulate to attack the scene? Yes. Have you emailed in all

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the required documents and exhibits as needed to proceed with this case five days in advance of

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this hearing? Yes. Thank you, counsel. Please proceed and choose. Thank you.

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Okay. Can you see my screen?

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We can.

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Okay.

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I'm going to go right to the refusal. As mentioned, this is 719 Sansom Street. This property is owned CMX5, and we are proposing the use to legalize an existing single family household unit on the second floor of an existing structure with other previously approved uses.

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we have one refusal which is for single family is not permitted in cmx5 this is a commercial

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mixed-use building it has a jewelry store on the second floor and has a sushi restaurant on the

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first floor if we were proposing three or four or five units here that would be by right but

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given the small size of this we're only proposing one unit and that's determined by the code of

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single family so despite this being commercial mixed use because there's only one multi-family

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unit, it's considered single-family, and that's what generated the refusal here.

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I'm just going to scroll down. There are several other properties in the block that are made up

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similarly. 717, 715, and 720 Sansom. As the board is well aware, Sansom Street is a smaller street,

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so typically find smaller properties with less units, even despite the CMX5 zoning.

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As you can see, the whole block is CMX5.

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Aerial view.

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Front photos of the property with the zoning posters.

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So as mentioned, it's got jewelry on the second floor.

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As you can see, 719, the door to the left, and then a sushi restaurant on the ground floor.

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It's a portion of the code.

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Single family is not allowed.

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However, if we were doing multifamily, three press units, we wouldn't be in front of the board.

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We met with collectively Washington Square West Civic Association and Society Hill on the 26th of November.

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As mentioned, we have unanimous support.

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This is Washington Square West's letter, 14 in non-opposition.

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And then we have a secondary letter from Society Hill, six of their members in non-opposition to our application.

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we also have a letter of non-opposition from councilman marks willa um here are just floor

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plans um our architect uh carl um should be in the audience if we can promote him to panelist

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just to go through the existing plans

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the existing plans

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carl

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can you hear me i can could you please state your name and spell it for the court stenographer

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and would you please turn on your video yes um

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he's coming back in

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as a band

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sure

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Do we see his hand?

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Okay, thank you.

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Okay, sure.

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Carl, please unmute yourself.

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Okay.

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Hi, Carl, could you please state your name and spell for the stenographer?

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Carl Enberger, Jr. It's C-A-R-L-E-M-B-E-R-G-E-R, and Jr. is J-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. Counsel, please proceed.

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Carl, could you just go through just the plans? I'll show the interior photos after, but just if you could walk the board through the plans.

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Okay. I'm going to share my screen, if that's okay.

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Okay. Let me just show the interior photos before you do that, because then we don't have to switch back and forth, if that's okay.

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okay yeah um just so the board has some visuals on this it's a small uh unit as you can see

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um these are the interior photos of the site of just this unit kitchen living room

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front entrance small bedroom closet bathroom

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Okay. You should be able to share your screen.

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Okay.

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Okay.

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Okay.

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Okay. All right. Okay. I am showing currently the second floor plan, actually. The, as Rachel stated, the.

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My mouse. Okay. You guys can see my screen. Okay. Is that correct?

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I can see it can the board see the screen

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okay I'm gonna go ahead so the second floor plan is

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I'm sorry, the bottom of the plan, let me back up here, is Sansom Street. Again, as Rachel said, there are jewelry stores, jewelry offices that are on the, or I'm sorry, associated with offices on the second floor.

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The apartment is to the back of the second floor

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So it's actually on Ionic Street

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There are two means of egress for the apartment

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There's the fire escape to the back

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And then the main stairwell down through the building

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And then on these

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These are the other plans

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Again, it's a restaurant on the first floor

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There's the back half of the basement

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Is also restaurant space

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Or it's restaurant storage space

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The front half of the basement is currently in a vacant office space.

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And then on the third floor, there's also more vacant office spaces.

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So it's a three-story space plus the basement.

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Again, the apartment's on the second floor to the...

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Again, the apartments on the second floor to the rear of the building.

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Thank you.

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Rachel, I don't know if you want to add anything to that.

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No.

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Chairman, I don't think we can hear you if you're talking.

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No.

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This is the reporter. I am not hearing the chair.

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Hear me now?

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Yes, Chair.

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Okay. Rachel, my question is the department's already there.

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Yes. So this is the estate of somebody who has passed and we are legalizing this space, but correct.

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Questions from the board.

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Questions from our attorney, Hillary Emerson.

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Not at this time, Mr.

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Chair.

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Questions from the audience or the virtual audience?

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No hands in the virtual audience.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in zoning at this location from the existing

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commercial mixed use CMX5.

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The proposed single-family use would not injure the use of adjoining properties, which are

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conforming.

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The Planning Commission recommends that the board grant the request of violence for a single-family household living.

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MI 2024-006-07719 Sampson Street, I vote yes.

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My vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Violin, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Counsel.

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Chairman, just because I didn't get to swear my client in and have them adopt my testimony,

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would you mind putting on the record just as an officer of the court as an officer of the court

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absolutely it was your we accept your testimony thank you okay we're going to move to number five

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mi 2024-006-590-2502 north 10th street murder ferlicker is the attorney

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there's a recommendation of support from the 37th ward 15 in support one abstain and a letter of

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non-opposition council member young

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has been promoted

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chairman

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council could you please state your name and spell for the stenographer

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meredith ferliger f-e-r-l-e-g-e-r

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

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I do, yes.

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Could you identify your client in relationship to the property?

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My client today is 2502 North 10 LLC, represented here today by Dennis Schifrin.

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Our vice chair has a few questions.

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

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I do, yes.

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

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Yes, I did.

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Thank you, counsel. Please proceed.

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