civus
Hearing video

ZBA Hearing - July 26, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 26, 20235h 26m

basically present two properties at the same time because... If possible, please.

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So just at the outset, as the chair recognizes, there's two properties here, 440

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West Queen Lane and 442 West Queen Lane. We presented both properties to the RCO and

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affiliated RCOs at the same time. It's basically side-by-side duplexes. So I'm going to ask that

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my testimony with regard to 440 also applied to 442. Thank you. I'll walk through the presentation.

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Excuse me, Mr. Chair, I just want to note for the record, Mr. Clinton, when you're referring to

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440, you're referring to 440-42 West Queen Lane T-1-110935, because that's the official address

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that we have on record for that property at this time.

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Okay, understood, because that's the confusion

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I think that was raised here is

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when the refusal was issued for 440,

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it had 440-442,

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and then there was a second refusal simply for 442.

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But I agree with counsel that 440-442,

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that was the OPA number you referenced.

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All right, thank you.

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Just wanted to clarify for those listening

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because the addresses are different.

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Thank you, Mr. Emerson. So, Mr. Chairman, members of the board, this is my table of contents A1 to A10, which I ASP admitted into the record for both properties. And by both properties, I mean, Mr. Chairman, 440 and 442. And I won't describe that again in the interest of time.

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There's simply one refusal here. It's a use refusal. The project is a by right project for a duplex as part of this twin. So there's no issues with regard to dimensions, height, rear yard, open space.

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It's simply that in our zoning district that parking two spaces are required.

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And I'll show the board that none of the multifamily homes on this block have parking spaces.

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And frankly, all of our discussions with the community group really concerned the construction and elevations of the two duplexes to make them more fitting into the neighborhood.

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so that you wouldn't be able to tell one house from the other,

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although our homes will be new construction.

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I'll show you the RCO letters at the end.

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There is a letter of support from the 12th Ward Democratic Committee.

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They voted 14 to 0 to support us in their letter.

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They note that we've had three meetings with the community group.

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And again, all the discussions were concerning the elevations

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and the construction of the property, nothing really to do with parking, which I think is a

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tacit acknowledgement, not willing to put words into the RCO's mouth, but a tacit acknowledgement

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that the parking on this block for these two properties would run contrary to what all the

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other properties have on the block. And I'll show you that with aerial photographs. So currently,

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this is a vacant parcel of ground. As I say, this is a buy-write project for a duplex on one side

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and a duplex on the other side, and I'll show you additional photographs of the block

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indicating that all the homes on this side of the street don't have any parking at all,

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and some of them are multifamily. Across the street happens to be a Montessori school

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and some other properties, again, very few of which of a residential nature have any parking at all.

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This is a close review. Again, Mr. Chairman, members of the board indicating that there's really no parking, off-street parking on the same side of the street as our project. These are the zoning notices that we're required to post on both properties.

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on both properties.

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Our plans are revised,

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and I don't know if the chair wants me to go through the plans

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because really there's no issue concerning the use,

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excuse me, concerning the construction of the property.

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But in deference to the community group,

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again, they asked us to make several changes,

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all of which we did.

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So for both properties,

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I have submitted revised proviso plans forms

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consisting of two pages.

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So basically, the front porch was added

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to match the adjacent properties.

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Front set packs were adjusted.

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Grading was changed.

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The depth of the proposed building also was changed.

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And again, as the chairman knows,

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there's give and take with the community group.

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And when my client decided to undergo all these changes,

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the community group supported this project wholeheartedly.

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So again, I don't want to dwell on the plans

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unless the chair wants me to?

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I think we're fine.

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Okay.

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So the rest of the documents that are in the package are,

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and I'm not going to go through all the other plans

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that we have, Mr. Chairman,

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because we did three revisions, again,

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to try to seek the support of the community group,

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which we did.

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Henry, where's a drawing of the front

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I'm going to show you that. That's the last photograph, I think. I have a rendering.

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You know, it may have been at the front. Bear with me and I'll get to it, Mr. Chairman.

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Let me reduce these. It'll make it go faster.

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Thank you.

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it's in my package mr chairman you just have to find it for you okay

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i did see it once when you flashed by just right i did uh

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these are the revised floor plans

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all right this is the side view of the property yeah the front view is to the right here it is

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Mr. Chairman. Okay, thank you. So again, we're trying to match the historical context of the

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of the block. Remaining documents are my tax certifications and basically the list of

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notifications to all the surrounding properties that we provide. There's also a letter of non-opposition

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from SOLO, which is Germantown Civic Association Southwest Central. That's also, I'll show you that

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this is the letter of support from the 12th Ward Democratic Committee.

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And this is a summary of the meetings indicating that we had three different meetings. We redesigned

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the project twice and they are in full support and this is the letter of non-opposition from

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solo germantown civic association which is really the southwest central lower germantown

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they asked for a number of provisos trash stored indoors no mail boxes on the exterior

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and we've agreed to do that as well as to plant trees if we're permitted by the streets department

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So with that, Mr. Chairman, I just want to, in summary, mention that this is a unique situation where we're not really altering the essential character of the neighborhood.

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We're in conformity with the other elevations on the block.

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And more importantly, to address the refusal, we're in conformity with the other uses on the block where there is no off-street parking for multifamily use.

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We're not impairing anyone's light or air.

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We're not impairing the development of any adjacent properties.

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we're in harmony with the code

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and we're in harmony with the

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desire of the neighborhood

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and with that I'd like to close and ask

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that all my exhibits for both properties

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be admitted into evidence

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thank you

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how about your client you want to adopt your testimony

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sure Ms. Madara can you unmute

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yourself

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they've been allowed to speak

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They've been allowed to speak.

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

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Yes, good morning.

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It's Anat Madar, A-N-A-T, Madar, M-A-D-A-R.

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Right.

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

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Yes, sir.

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Proceed.

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Ms. Madara, were you on the call when I presented both of your projects, one at 440-4042 West Queen Lane, which is ZP-2022-012-462, as well as 442 West Queen Lane, which is ZP-2022-012-463?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes. Thank you, Ms. Medar. Questions from the board?

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No, Chair.

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Thomas?

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No, Mr. Chairman. Thank you. Questions or comments from the virtual audience?

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Mr. Chair, I have a hand raised from a number ending in 7798. I have allowed them to speak.

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

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Hi. Can you hear me?

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Yes.

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Okay. I'm Edon Shlomo. E-D-O-N. Last name Shlomo. S-H-L-O-M-O.

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Right.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth?

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I do.

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Are you a neighbor?

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I am.

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Okay.

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Proceed.

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Okay.

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Sorry.

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I was at the community meetings,

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and I just want to say that the owner worked with us really well

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to make sure all of our things that we wanted to change were done

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as far as the front porch and the setback so that it works with the

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community, and I highly approve the project.

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Thank you very much for taking the time to call in. Is there anyone that's in the virtual audience?

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Yes, we have another hand raised from a number ending in 5555.

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Hi, state your name, please, and spell for the court stenographer.

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Hello?

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

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Certainly. Allison Weiss, A-double-S-O-N-W-E-I-S-S.

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

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Yes.

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And you're from Solo, right, Allison?

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Yes.

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Proceed.

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um i i want to just um comments which i know um are not part of the

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issue but uh we're unresolved and

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you're breaking up i say we appreciate all of the improvements to the project that the owner made

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But there were two unresolved issues from the last meeting that I just wanted to address, if possible, which was the materials of the mansard, the wooden shingles.

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people had objection to that use of material and the retaining wall in front along the sidewalk

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that has deteriorated being restored using Wissahickon shift, a material that's widely

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used in the community and on that block. So we appreciate if that could be addressed

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with the owner

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at some time.

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Thank you for your comments.

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Is there anyone else in the virtual audience?

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Yes, I have a hand raised from a number

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ending in one point.

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Well, right now, the only hand raised is

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Mr. Charles Richardson.

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Hi.

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Hi, Mr. Richardson.

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Just state your name for the record, please.

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Good morning again, Mr. Chair.

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Charles Richardson, Office of Councilwoman

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Cindy Bass Room, 508

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City Hall.

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Housewoman has no opposition to granting this variance.

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Thank you for taking the time to call on in.

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We appreciate it.

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Is there anyone else in the virtual audience?

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Yes, a hand raised from 1655.

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I've allowed them to speak.

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I could you state your name, please?

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It's spelled for the court stenographer.

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Star six to unmute, please.

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Star six to unmute, please.

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Hi, could you state your name, please?

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Would you state your name, please, and wait to be sworn in?

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Are they muted, Jason?

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no they weren't muted uh but now they are okay they may be having technical difficulties because

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they keep muting is there is there anyone else from the virtual audience

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no i do not see any further answer okay we're gonna we're gonna move on planning commission

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thank you chair bergman and board members good morning david effecto with the city planning

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commission chair i'll testify for both properties at the same time the comprehensive plan recommends

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no change to the residential two-family zoning at this location the appellant has demonstrated

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the slope of the property presents a hardship requiring the proposed parking variance and so

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this the proposed variance matches the character of the block and the city planning commission

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recommends that the board grant the proposed variance from the parking requirements in the

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zoning code. Thank you. So I'll join both together. Number two is MI 2022-007-610-44242

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West Queen Lane, number T1-110935. And number nine is MI 2023-000102-442-West Queen Lane.

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I vote yes to both with revised plans, two pages, stamped by ZBA on July 26, 2023,

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and interior trash storage, interior mailbox, and mail storage.

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Is that for both properties, Mr. Chairman?

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