civus
Hearing video

ZBA Hearing - February 5, 2025

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

Hillary, do you think we're lacking a refusal here? No, I had to, Mr. Clinton, I just had to

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double check the refusal because it was very oddly written for an adu um it's it's fine except there

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is a refusal missing because this is a new construction of an adu and they're only in the

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code they're only in existing structures but that that's not something that we need to to rectify

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for the board to make a decision on this matter thank you all right thank you mr emerson

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so this is the rca uh rco letters of non-opposition which your chairman referenced

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and here the lot already has a curb cut for two open air parking spaces

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and they were concerned that a deed restriction has to be in place if the owner is going to

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have an adu on its on its property and the deed restriction is that the owner must reside in one

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the two dwellings on the property either the new one or the existing one

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non-opposition letter from councilman squilla so let me give you the context this is front street

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uh the property is here where the red balloon is all residential on that side

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what you see in the background this is an older aerial photograph this is when my clients

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constructed a single-family home in the rear of the property again when i show you the zoning map

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it's a rather large property as i said it's the largest one on the block just some more perspective

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that the homes are two to three stories high some have dormers on the second floor some have dormers

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on the third floor the majority do a few do not have dormers we do have a dormer to try to match

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up this is a photograph of directly across the street indicating that there's a curb cut there

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with the pens landing dentistry this is the front of our property right now there's already a gate

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for cars to go in and park there and there's a curb cut

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again just some more photographs of the joining homes for a perspective

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uh and between the property to the south and our property which is now a a driveway a brick

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driveway there's an easement to allow access for the adjacent home to the south to get to the back

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and to the side of their home

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this is just looking from the the rear of the property across the street and then you can see

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I-95 in the background. This is the proposed structure. It's more of a modern structure.

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The structure matches the context and the look of the single-family home in the rear,

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and the community group understood why we did it. I can't say that they were 100% behind the fact

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that there wasn't a lot of brick on it, but they understood because of the nature of the home in

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rear this the property in the front really provided some unity of look and unity of context

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for the property here's the garage door the easement is maintained on the side of the property

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this is the structure in the rear again more of a modern look which is consistent with the building

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in the front all right so this is a historical plan just showing you the the length of the lot

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it's like a flag lot it goes all the way back i think it's it's well over 200 feet deep

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so this is existing there's a garage excuse me a driveway brick driveway with a brick walkway

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leading to the home in the rear and here's the easement alleyway for access to the property at 768

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just again give more perspective so the new structure will be in the gray area here

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just again give more

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see if i can and the first floor will have a garage parking spot stack parking the easement

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alley is maintained the entrance to the adu is here switch back steps to go up to the second

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floor. The next photograph I'll show you is the second floor. But adjacent, we're keeping an open

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area here because the property at 764 has some skylights along the side, and we didn't want to

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block that light off. So we provided a little alcove here to bring some light and air into

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the property next door. And again, as I said, we maintain the easement alley between 768 and 766.

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Here's the second floor of the property.

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Again, 768 here, 764 above.

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You would go up the switch back steps, which I referenced in the prior photograph, into the living dining area.

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And here's an outdoor deck, again, bringing light and air into the skylights.

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or it almost looks like a garden area below where these lates are on the adjoining property.

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But again, we just try to be cognizant of what that structure was.

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You move the living dining area into the kitchen, into one bedroom in the front,

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and in the rear of the property, there's an office and a den with one bath,

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and the mechanicals are also on the second floor.

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again just some more site plans this is existing brick driveway existing home in the back some

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trees which we have to maintain as many trees as we can in fact at the end i'll show you a landscaping

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plan this is a cutaway of the first floor again proposed two-car garage on the first floor

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with the single-family home remaining in the rear.

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And here's some of the plannings that have to be replaced and or maintained.

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Just to give you perspective, again, how the house is situated in between the two existing

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homes that are there on the block, and this is the cutaway showing the homes on either side.

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You can see that the house to the south kind of dwarfs the height of our property.

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again we try to keep it in context if possible we didn't want to overbear the site with a high

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or a tall building again it's a modest one bedroom adu adjacent to two single family properties

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just showing the turning radius that it's ample turning radius to get in and out of

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the garage we have the streets department approval at the end of the presentation

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And this is the landscaping, indicating the landscaping and the trees that we will have to replace or maintain in between the ADU and the existing single-family property.

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This is the street's department approval, indicating that the attorney radius worked to get in and out of this garage when constructed.

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like this, the PIF form, the tax clearance, and again, this is really good to understand how deep

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this lot is. You can see that the lots vary in size, width, and dimension on Front Street,

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and our particular lot is a huge flag lot that goes almost halfway between Front Street and

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and the street to the west.

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Deed indicating ownership.

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Our notice letter and certificate of mailing

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sent to all the properties in the area.

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So I'm asking the board to look upon this project

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and to consider it for an ADU.

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We have the support of the community

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or rather non-opposition.

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We also are not impacting the light and air

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of any adjoining property.

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As I said, our height is far less than either property

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on either side to the north and to the south.

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We are not, have any issues with open space, rear yards.

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We're basically in harmony with the code.

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This is a residential property

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consistent with other residential properties on the block.

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The curb cut has been there, I said decades in the beginning.

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And I think I incorrectly said

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that the RCO's letter mentioned decades.

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RCO's letter mentioned decades. It didn't. That was mentioned during the meeting that the curb cut has been there for some time and is used for parking now and will be continued to use for parking.

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It didn't.

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That was mentioned during the meeting

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that the curb cut.

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We also understand that the owner, Ms. Canapico, Mr. Matcham, will have to have a deed restriction if the board looks kindly upon this application, that they have to live in one or two, one or the other, the house that's already in existence or the ADU in the front.

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So that is the presentation. I asked Ms. Scannapico if you could unmute yourself.

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I know she's on the call.

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Good afternoon, Mr. Chair. This is Jason Hand. I will be your co-host for the remainder of the sessions.

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Ms. Scannapino has been allowed to speak. She has been promoted to panelist.

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Hi, how are you?

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Hi, good. Could you please state your name and spell for the court stenographer?

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Lindsay Scanapico, L-I-N-D-S-E-Y.

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Last name Scanapico, S-C-A-N-N-A-P-I-E-C-O.

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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, Henry.

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Ms. Scanapico, good afternoon.

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Were you on the call when I presented your project?

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Yes, I was.

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And is it true that you live in this single-family home at the rear of this property?

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Yes, I do.

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Okay.

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Okay. And if you had the opportunity to testify, would you adopt my testimony as your own and as

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true and correct? Yes, I would. Is there anything that you wanted to add that I may have missed?

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No, I think you covered it all. Thank you, Ms. Canapico. Thank you.

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Henry, just, I mean, I know it's about how you use the building, et cetera, but could you explain

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what that substance

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is? Is that

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wood? Is that in the

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front of the building?

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The facade. Let me go back

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to it.

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Do you know

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what kind of product that is?

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Just out of curiosity.

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Ms. Ganapiko, is this, the architects

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on the call too, Steve and Alito.

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I don't want to misstate anything.

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Steve, can you unmute yourself?

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M-I-L-E-T-O?

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Hi, I'm happy to answer. Stephen's had the flu, so I don't know if he's able to speak. So this is a zinc material. It's more of a kind of a natural material, so it will show age over time.

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The idea was very much to kind of respect that traditional architecture in terms of the dormer,

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as well as the kind of chimney. That's not an actual chimney. It's something that's kind of

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meant to be a reference to this kind of historic condition, but done within a contemporary material

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and palette. Thank you. Questions from the board? Yes, I was wondering if you could

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let me know if you know the square footage of the yard space now of the yard space or the

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or the property the yard space okay the yard space i believe is 20 by 20

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maybe it's 30 by 30 yeah yeah 35 by 34 right

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33 33 and will the whoever's staying in the adu will they enter the adu from

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the front and have access to that yard space is it like a shared yard space

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no the existing yard you would have to access through the existing house but there is a kind

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of front courtyard that exists between both buildings essentially and they would have access

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to that space and then for the original the current principal building how will they enter

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the property so through the easement yeah through the easement okay okay other questions from the

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board questions for attorney hillary emerson not at this time mr chair questions from the virtual

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audience i do not see any hands raised mr chair planning commission amy boyd with the planning

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

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existing single-family residential rsa5 the proposed additional building would restrict

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access to a small shared alley risking the health and safety of those in the existing

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rear dwelling the parking from the front um is an existing condition of the rear of the rear

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property the planning commission recommends that the board grant the requested variance for parking

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and deny the requested variance for multiple principal buildings okay henry do you want to

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for multiple principal buildings. Okay. Henry, do you want to respond to this?

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response.

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Yeah. So if you look at the L&I requirements for an EDU, requirements are that it has to be

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under 800 square feet. We're at 680 square feet. The requirements for the size of a lot,

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it has to be a lot in excess of 1,600 square feet. We're at 5,386 square feet. It has to be

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in an RSA 5 zoning district, which we are. It can't be in an overlay, which we are not.

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And is the principal structure has to be on the lot? Is it detached? And the answer to that

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is yes. So I think we meet all the hallmarks of this new animal under the code, which is trying

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to increase the housing in the city of Philadelphia on large lots. So they just are not all going to

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open space. Henry, what about

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the walkway?

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Let me go back to that.

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Well, the easement is going

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to be maintained to get

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from the sidewalk to the rear property.

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That's right.

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We're not going to do away with that. It's going to be

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tidied up a little bit, but you're

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certainly going to have a walkway, like any

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other alley, to access the rear property.

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okay mi 2024 006 648 766 south front street i vote yes well john my vote is yes

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cheryl gaston my vote is yes tanetta graham my vote is yes hi owen my vote is yes

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shaheed my vote is yes thank you henry thank you mr chairman have a great day okay number seven

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MI 2024-006-658-1420, Point Breeze Avenue.

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Rachel Pritzker is the attorney.

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This is a use of a letter of unanimous support

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from the Point Breeze Community Development Coalition.

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Mr. Chair, they will be coming back in as a panel shortly.

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Thank you.

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You're welcome.

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Good afternoon again.

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Counsel, you've already been sworn, just for the record, state your name.

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Rachel Pritzker.

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

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So my client is Ampersand Health Management, PA LLC, which is owned by City Life Health,

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and we have the executive director on, Brenda Myers.

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Our vice chair has a few questions for you.

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Good afternoon.

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Counsel, do you agree to weigh the read and other refusal or stipulate who is accuracy?

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Yes, it's a referral.

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This is a referral.

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

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Yes.

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Thank you. Please proceed to show your screen.

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Can you see my screen?

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We can.

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Okay.

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Okay. So this is 1420 Point Breeze Avenue. It's a CMX2 property, and we have a referral

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for a special exception for the proposed use of group medical dental health practitioner

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