civus
Hearing video

ZBA Hearing - August 11, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 11, 20212h 55m

Yes.

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Okay.

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Have you met with the RCO?

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Yes.

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And finally, do you have a letter from the RCO?

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Yes.

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Okay, great.

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You may proceed.

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Frank, are you muted?

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Oh, I'm not.

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Mr. McRae?

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Yes.

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You can proceed.

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Hold on one second, please.

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Sure.

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Yes. Hello. I have a lawyer by the name of Lynn Nichols.

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Can you hear me?

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Yes, we can. But your attorney, is he going to be speaking?

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Yes, Lynn Nichols.

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Okay, well, we'll get your attorney on. I'll have to swear your attorney in.

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Okay.

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Ms. Nichols is coming back in as a panelist now.

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Thank you. Ms. Nichols, please spell your full name and I'll swear you in.

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Thank you, Chair. My name is Lynn, L-Y-N-N, last name Nichols, N-I-C-H-O-L-S.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Please proceed.

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Thank you, Mr. Chair, members of the board.

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My name is Lynn Nichols and I represent Larry McRae, who is the owner of 1651 Grange Avenue.

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we are here seeking a variant for a multi-family unit building with three units may I proceed with

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my presentation yes please and can someone okay I see share my screen I didn't mean to bypass you

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Ms. Nichols my notes indicated that Mr. McRae was representing himself but oh no that's fine I

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understand. No worries. Please proceed. Okay. All right. So now I'm trying to share my screen.

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Ms. Lasul, do you have your documents already on your screen? Yes, I do. And then if you are on a

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regular computer, go down to the green button that says share and zoom. I'm on a Mac. So it

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It says share screen, and then it's asking me, because I have it on my desktop.

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So I'm going to select share, and now it's asking me to go in through.

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Excuse me.

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This is Pauline from IT.

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Do you have your settings of your Macs configured to be able to share?

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I just see that I don't.

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So I apologize.

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uh should i um share if we could um yeah i was gonna miss nichols yeah your work your work with

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miss sunkett and pauline to see and work through your issues we're going to go to the next case

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and then we'll come back to you okay i apologize thank you so much no worries no worries thank

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so we're going to go to number five mi 2021 that's zero zero one five six eight

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two two five one north franklin street mr clinton is the attorney of record

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sir 37th lord sent a letter of rf support

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mr clinton is coming back in as a panelist now chair

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Good morning, Mr. Chairman.

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Good morning. Please identify yourself and I'll swear you in.

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Sure. Henry Clinton, 1313 South 33rd Street, Philadelphia, PA, 19146 Queen Memorial Building.

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I'm here on behalf of the applicant for 2251 North Franklin.

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I swear for him to tell the truth, the whole truth, nothing but the truth.

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I do.

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Mr. Snell has some questions for you.

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Good morning, Mr. Clinton. Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, and plans and photos five days prior to this hearing?

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Yes, I have.

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And have you met with the RCO?

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Yes, I have.

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And finally, do you have a letter?

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Yes, I do, Mr. Snow.

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All right, great. You can proceed.

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Good. Can I share my screen, Mr. Chairman?

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Please do.

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is that visible enough a little larger would be helpful slightly that's good thank you

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this is my presentation package my exhibit package containing the table of contents

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AA through A-10, and I'll walk through more important documents as we go through the

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presentation. This is my appearance statement. This is the refusal, and I'll just stop here.

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Property is owned CMX2, which permits commercial and two units above. What we're asking is that

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the commercial unit on the first floor, which would be typical, be residential rather than

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commercial. The refusals concerned the maximum square feet of the lot area. We're about 250,

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of the lot area. We're about 250, 300 square feet off that target of 1,450.

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300 square feet off that.

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And then here's the key section. In the CMX2 zoning district, we're supposed to have commercial

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on the ground floor within the first 30 feet of the building depth. And in lieu of having

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commercial there, we're asking for residential. The roof access, we did away with this refusal

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because we changed the plans

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and there is a proviso sheet

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with one plan to be stamped

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if we're successful with this hearing today.

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So that refusal is going away.

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And then there's a maximum occupied area of 75%.

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We exceed that by the minimum amount of 6%.

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We do have an RCO letter of support

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from the 37th Ward

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indicating unanimous support for the project.

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I also have a letter from the McCann team at Keller Williams indicating

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that the property does not lend itself to commercial use on the first floor. It's in the

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middle of a block and most of the block is residential as you'll see when I walk through the

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project. These are photos for perspective for the panel. Again, here's the property in the middle

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of the block, many vacancies on the block, and there's an occasional new home on the street.

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Another perspective, just looking at North Franklin Street. Here's proof that we did put

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up the zoning posters. This is our proviso sheet indicating that the pilot house at the roof level

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has been pulled back six feet seven inches so it's no longer at the extreme rear of the building

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thus eliminating the refusal for the access structure which was one of the refusals I just

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went through. So in a nutshell this is a request to have the first floor all residential rather

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than the first 30 feet commercial. These are the elevation drawings the front and back you can see

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brick on the front with some standing metal panels.

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You can also walk through the floor plans.

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Let me just shrink these a little bit. So we have window wells

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and a large light well in the rear yard.

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And that would be for unit

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one. There would be two bedrooms on the second floor.

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There would be a rooftop deck.

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On the second floor there's another unit, and the third floor unit has two bedrooms

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and access to the rooftop deck.

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The other documents are our pro forma documents, which are typical at all zoning hearings,

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our application, our tax certification, the deed, zoning map indicating where the property is

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located, and the zoning district, our deed indicating ownership, as well as proof of our

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mailings and letters to the community. This use is basically going to be in harmony with the code.

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It doesn't adversely affect anyone's adjoining properties later air.

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And it's in harmony with what the community wants and has supported.

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And with that, I'd open up the questions to the board and to have my client adopt the testimony as he is on the call.

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Why don't we have your client adopt your testimony, then we'll see if this question is.

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Okay. Joseph, can you raise your hand and you can be that in?

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Mr. Gitterman, you can unmute yourself and speak now.

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Yes, sir. My name is Joseph Gitterman. Please spell your last name. G-I-T-E-R-M-I-M.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you. Mr. Clinton?

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Thank you, Mr. Chairman. Mr. Gitterman, have you been on the call?

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excuse me i'm sorry about the dogs barking this is sharon um tom got knocked off can we

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hold this for a couple of minutes while he gets back on

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were you able to hear me over all that noise yes we're waiting for tom to get back on

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Thank you.

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Mailman must be at the door.

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Yes.

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May I proceed, Mr. Chairman?

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May I proceed, Mr. Chairman?

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Yeah, proceed and then we'll wait for Tom to get on.

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Yeah, yeah, proceed, and then we'll wait for time to get on.

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Please proceed.

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Please proceed.

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I'm sorry, Chair.

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This is Tanya.

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I would ask that we wait for the third member.

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Sure.

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Oh, I thought he got back on.

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I'm sorry.

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And so did I.

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My mistake.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Um, chair, maybe about two to three more minutes, he's trying to come in on his phone.

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Thank you.

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chair and he's back you can proceed

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thank you okay mr clinton uh mr gitterman yes okay thank you mr chairman mr gitterman uh were

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you on the call during my presentation yes and if you had the opportunity to testify would you

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adopt my testimony as your own and as true and correct yes thank you mr gitterman thank you

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any questions from the board no anyone else like to testify in this case please raise your hand

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here we have a geneva carter

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thank you

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hello

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we can hear you

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hello

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please identify yourself

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this is Thomas

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oh Tom

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but they said

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Yvette did you say there was someone else

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there was someone

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with her hand up by the name of Geneva

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Carter. Still up? No, no, her hand is not up anymore. Okay, we'll move on then. Questions from the board?

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Thank you. We have someone else with their name up, with their hand up. It says call-in user 2.

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Call-in user, can you unmute yourself and wait for the chair?

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Good morning. I'm sorry. I heard Mr. Clinton's voice. We wasn't sure. Is this 1540? This is Tiffany Green, concerned citizen. Is this 1541 South 25th Street?

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No, this is 2251 North Franklin.

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Oh, thank you very much. I'm sorry. I heard Henry Clinton's voice. All right. Thank you.

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All right. Planning Commission.

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good morning david effecto city planning commission mr chairman members of the board

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the comprehensive plan recommends this property for residential multifamily use

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we support not requiring a commercial ground floor however this 1116 square foot lot could only

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support two units under residential multifamily one zoning we recommend that the board deny the

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requested variants for the third dwelling unit. Thank you. MI 2021-001568, 2251 North Franklin

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Street. My vote is yet. Mr. Clinton, you said there was a revised plan, correct? One page?

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There's a provisor sheet and a revised plan one page, which has been submitted.

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vote is yes with the proviso revised plan one page approved today

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jane snell yes we're proviso thomas holloman yes with proviso thank you are we ready to go

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back to west grange avenue yet yes chair she is ready thank you miss nichols thank you miss

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nichols yes thank you for your patience i hope this works okay no worries thank you please proceed

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All right. So all right, I think we have it. Can everyone see my screen? Yes. Okay. So

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it worked. Thank you so much, the IT person. They were so helpful. So as you see here,

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we're seeking a variant for a multifamily building with three units. Inside, you will

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see an order, the notice of refusal. Next, you'll see the project information.

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Here we have the deed to the property.

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And the current document is the tax clearance for the property.

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You're now looking at the site plan.

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Could you go back to that, back to the site plan and enlarge it a little bit, please?

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Sure. Do you want me to, do you want me to turn it as well?

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Yes, that would be helpful.

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Okay.

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All right.

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Is that better?

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Actually, it's a little bit too large.

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Okay.

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