civus
Hearing video

ZBA Hearing - November 30, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 30, 20224h 34m

We have the letter from Councilman Squilla's office of non-opposition. We think, again,

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And for the reasons I've just stated, that we are looking to have a single family dwelling on the RSA 5 portion, that it creates a hardship not to be able to utilize it as such.

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It doesn't make any sense, and we're just caught in this very odd delineation of this landlocked CMX 2 parcel being behind this RSA 5 portion, or parcel, was parcels, now part of the same parcel.

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And as such, we would recommend and request that the zoning board grant the requested variances. Again, tax compliance. I already went through that. We have the no tax balance. We have the certificates. The notices were posted at the subject property in conformance with the requirements of the zoning code.

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Here are the deeds.

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Again, the lots were just recently consolidated in June.

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This is the consolidation permit and plan that shows the addition.

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Here you have 1326 here.

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Let me zoom this in a little bit.

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So again, it was a separate parcel here.

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And then you added all that in together and it becomes one larger parcel that then creates,

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you know, this situation and condition.

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And this isn't necessarily a situation where we're creating the variance or creating the hardship.

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You know, we're taking a single family and making a slightly bigger single family, and there's no other dimensional or use variances or refusals associated with that.

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And with that, I would request in a very truncated fashion that the board grant the requested variances.

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The requested variances. I do have my clients who are on the phone. One of the clients is Rustin Oler, who I think you're all familiar with. He's going to be living in one of the houses at the rear, along with three other families that he knows and he's friendly with. Rustin is ill, a little bit ill, so I would just have him, if he's possible, identify his responses may be fairly truncated, though.

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

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Yeah, Rustin Ohler, R-U-S-T-I-N, last name, O-H-L-E-R, address, 1405 Wharton Street.

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Okay.

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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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Proceed, counsel.

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Rustin, did you hear the statements I made to the board today?

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Yes.

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And they true and correct, to the best of your knowledge?

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Yes.

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And would you adopt them as your own?

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Yes.

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And you make and you're making those statements, both as the owner, one of the owners of the property of the LLC, and also your Harmon Deutsch-Oler did the architectural drawings for both the project we took to the board in September, last September, and then this one as well, correct?

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Yes, that's correct.

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Okay, thank you.

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Okay, questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Thank you. Questions or comments from the virtual audience?

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I see no hands, Mr. Chair, why any commission?

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Planning Commission.

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Thank you, Chair.

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Sarah Bond, City Planning Commission, S-A-R-A-H, B-A-N-H.

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The proposed use of multifamily household living

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is consistent with documented previous uses on this property.

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The proposal for multiple principal uses

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is not likely to have a detrimental impact

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more than reasonably expected.

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The City Planning Commission recommends

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that the Zoning Board grant the variance.

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Thank you.

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MI 2022-005-182-1324, Mifflin Street, I vote yes.

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Earl Teneri, my vote is yes.

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Thomas Holloman, my vote is yes.

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Jane Snell, my vote is yes.

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Thank you.

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May be excused.

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Thank you.

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Yes, you can't cancel.

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Thank you.

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Is there anyone from the two o'clock list whose case has not been called?

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I do not see any hands, Mr. Chair.

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Okay, we're going to move right to the 3.30 list.

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My name is Bill Bergman, and I will be chairing this 3.30 meeting of the Zoning Board of Adjustment.

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With me is Carol Tenere, our vice chair.

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Present, Mr. Chairman.

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Ismail Shahid, our board secretary.

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He may have stepped off a minute.

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Thomas Holliman, our board member.

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Present, Mr. Chairman.

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James Snell, our board member.

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Present, Mr. Chairman.

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Also, here is our board attorney, Hillary Emerson, and our ZBA hearing supervisor, Lakeisha Dandy.

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Here is our virtual format.

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Be advised that proceedings are being recorded by participating in your knowledge agreement to be recorded.

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The video will be available by contacting TanyaSunkett at phila.gov.

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For the Benefier Court Sonographer, we ask attorneys and witnesses to identify themselves before testifying.

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

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To enter an appearance 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 lastly, the question and answer box on the screen is not for comment or testimony.

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Any comments have to be directed to our Executive Director, Tanya Sung.

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Let's look at our continuances for this afternoon.

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Number four, MI 2022-001-680-5710 Malvern Street.

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This case is continued.

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Number nine, MI 2022-003-722-35 Ainsley Street.

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this case is also continued.

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Is there any comments relative

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to the two cases I just mentioned?

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Good afternoon, Mr. Chair.

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This is Jason Hand.

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I do not see any hands raised at this time.

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Jason, we're having a hard time hearing you.

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I'm sorry, sir.

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This is Jason Hand.

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I don't see any hands raised.

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Wait a minute.

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My hand just went up.

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Are there any other requests that continue?

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Hillary Langer raised her hand, sir.

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I'm allowing them to speak at this time.

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Okay.

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

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Hillary Langer, H-I-L-A-R-Y, L-A-N-G-E-R.

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

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Yes.

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We see what case, sir?

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3,500 Ainsley Street.

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OK, that that case has been continued. I just wanted to clarify the address that it's thirty five hundred and thirty five hundred Ainsley Street.

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Good. Thank you. OK, thank you. Thank you. Any other requests for continuances?

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I see no hands, Mr. Chair. OK, so I want to also go over real quick a few cases that we don't have exhibits.

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Number one, MI 2022-003-748-2026 South 3rd Street.

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First listing, no exhibits.

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Patrick Moore is the listed owner.

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That individual is not in the audience, Mr. Chair.

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Okay, so MI 2022-003-748-2026 South 3rd Street, this case is continued.

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And number seven, MI 2022-001-399-6642 Marston Street.

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No exhibit, second listing, Lewis Cruz is the listed applicant.

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No exhibit, second listing.

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Lewis Cruz is the listed applicant.

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Mr. Chair, I do not see that individual.

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Okay, so MI 2022, 001-399-6642 Marston Street.

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This case is continued.

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Mark, must be tried.

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And then I want to look at the status of number five.

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MI 2022-001-759, 120 Rear and 28 West Loudoun Street, Magic Investment Corporation is the listed owner. This is the second listing. Is the owner present?

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Mr. Chair, I do not see any hands at this time for that case.

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Okay, so MI-2022-001-759-120-28 West Loudoun Street, I vote to dismiss this case.

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Carol Tenere, dismiss.

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Thomas Holloman, dismiss.

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James Snell, dismiss.

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Thank you. We're going to go to the regular list.

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Number two, MI 2022, 003701, 5044 Sampson Street.

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Vern Anastasio is the attorney.

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Recommendation of support from the Walnut Hill Community Association.

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verne yep good evening mr chair hi could you just state your name because you've already been sworn

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yep uh it's verne anastasio v-e-r-n last name a-n-a-s-t-a-s-i-o right could you identify

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your client relationship to the property yep um i uh represent the owners of the property at

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5044 Sansom Street, and

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I'm going to try and get that up. I thought it was up, but please

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excuse me just for a moment. Sure, take your time. Thank you, while I try

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and get that.

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Here we go.

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Yep, thank you.

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My client's name is Nyelka Wright.

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It's 5044 Sansom Street.

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Right.

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As we can see here.

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And our wife here has a few questions.

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Yep, go ahead.

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Everton, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Of course, yes.

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Have you emailed the exhibit packet with proof of ownership tax compliance,

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refusal referral photos and plans five days in advance of this hearing and have you met with

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the rco and do you have a letter i do i think a letter was sent uh independent of my exhibits

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okay you may proceed and begin to share your screen which you thank you thank you i've already

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shared my screen 50 44 sansom two family dwelling uh pre-existing non-conforming use

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and that's why we're here today.

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I want to show you the

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interior layout of the property.

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Level one

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is a front door to the living room, dining room

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kitchen, a bedroom, and a bath with

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stairs to go up to the second floor.

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And then we have two bedroom units with a utility room, a bathroom, and a kitchen on the top floor.

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We have some photos that you might be interested in.

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Some of them are good and some of them are not so good.

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Brewery Yard Basement is nothing but utilities, no living space in the basement.

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We have a RCO letter that went out to all interested parties.

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And 91 individual households were mailed per this certification on the left-hand side.

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91 individual households were mailed.

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We have a tax cert.

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We have a lease.

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And I am respectfully requesting that this be a legalization of a non-conforming pre-existing use.

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And as a result, I'm respectfully requesting the granting of the variance in this particular matter.

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It's my understanding that the RCO supports this legalization.

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So with that, I thank you.

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And I'm going to ask my client, Ms. Wright, to raise her hand virtually so I can square her in and get her testimony.

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qualified.

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He's been allowed to speak.

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

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Sure. It's Nyota Wright.

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First name Nyota, N as in Nancy, Y-O-T as in Tom,

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A, last name Wright, W-R-I-G-H-T.

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You swear, Fern, to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Proceed, counsel.

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Thank you, Mr. Chair.

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Ms. Wright, did you hear my presentation to the board this evening?

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Yes.

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And is it true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you very much.

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Mr. Chair, I move all testimony, all exhibits into evidence for this particular machine.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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planning commission oh hand sir this is uh ron bednar city planning first name ron r-o-n

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last name bednar b-e-d-n-a-r you swear for him to tell the truth the whole truth and nothing but

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the truth i do proceed run this property is indicated for residential use on the city plan

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given the documented use history of the site recommend that the question variance be granted

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Thank you. MI 2022-003-701-5044 Sansom Street, I vote yes.

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