civus
Hearing video

ZBA Hearing - March 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 1, 20235h 21m

saying. That's what she's saying. Yeah. Yeah. Now, no. Just have somebody work the screen for you,

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but you could testify off the screen. Okay. Okay. So MI 2021-004-390-7120 Wissahickon Avenue.

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this case is continued mark must be tried the next time it's on okay okay gladly call the

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office we'll try to help you with whatever you need appreciate that thank you thank you

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is there anyone else in the virtual audience whose case has not been called

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um mr chair there's still strawberry mansion community with the hand up

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let her come in a minute please

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strawberry mansion community you're allowed to speak

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hi could you please kai could you state your name please and spell it for the court reporter

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is bonita cummings b as in boy o-n-i-t-a cummings c-u-m-m-i-n-g-s do you swear for

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him to tell the truth the whole truth nothing but the truth i do so i don't want to belabor

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No, no, no, no, no, no. Just, just listen to me a minute. We we've already closed the testimony. Mr.

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Knackinson is off, was off the phone. And we, we can only take, well, you, you testified the last

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time and we have where you were with that then. Okay. Okay. All right. But, but, but thank you

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Okay.

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All right.

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But thank you for calling in.

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for calling in and.

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And as you heard, we're going to prepare some paperwork before we vote on this.

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All right?

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All right, Dennis.

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Thank you.

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Is there anyone else in the virtual audience?

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I see no hands, Chair.

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Okay.

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Thank you, everyone.

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See everyone at 2 p.m.

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Thank you.

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Please.

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Lakeisha, we're okay to go?

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Yes, you can begin, Chair.

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Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's DBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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Our Board Member, James Snell.

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Present, Mr. Chairman.

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Also here is Hillary Emerson, our Attorney, and our Executive Director, Tanya Sunken.

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Here's our virtual format. Be advised the proceedings are being recorded. The video will be available by contacting tonyasunkett at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, if 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. Leave your email and the address

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of the property in question. And finally, the question answer box on the screen is not for

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comments or testimony. All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at this afternoon's continuances. Number one, MI 2022-005-928-4829 Haverford Avenue.

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That case is continued. Number eight. MI 2022-003-075-2050 Welsh Road. That case is continued.

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Does anyone have any comments relative to those two cases that were continued?

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I see no handshare.

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Are there any other additional requests for continuances?

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No hands, Chair.

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I want to add it, read into the record two withdrawals.

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Number six, MI 2022, 005-935-331-37, North 63rd Street.

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That case has been withdrawn.

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And number 11, MI-2022-005-933-4612 Wayne Avenue, that case is withdrawn.

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Are there any other requests for withdrawals?

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There are no hands here.

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We're going to go to our add-on list.

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Hold on here.

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Let me get it up.

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Number one, MI 2022 002 917 7770 Dungan Road. This is a request for withdrawal from the 930 a.m. list. That case is withdrawn.

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Number two on the add-on list, MI 2022-003-166-4847-49 Haverford Avenue, I vote no.

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Thomas Holloman, my vote is no.

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James Snell, my vote is no.

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Ishmael Shahid, my vote is no.

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Number three, MI-2022-001-308-8330 Millman Street, my vote is no.

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Thomas Holloman, my vote is no.

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James Snell, my vote is no.

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Ishmael Shahid, my vote is no.

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Number four. MI 2022-001-570-500-08 North 2nd Street. My vote is yes. Proviso. No flashing, mechanical motion, scrolling, or animation.

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Thomas Holloman. My vote is yes. We're provisos.

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jane snell my vote is yes with provisos

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Excuse me, Mr. Snell, can you please certify? And then Mr. Shaheed, you will need to as well. Thank you.

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excuse me mr snell can you please certify and then mr shaheed you will need to as well

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I apologize for that. Yes. In regards to this case, I have watched the video and I am very in tune with this case. And as I said, my vote is yes with provisos.

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Ishmael Shaheed, I have certified to watch the video from September the 20th and my vote is yes with provisos.

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Number five, MI 2022 004-466-1401 South 13th Street, my vote is no.

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Thomas Holloman, my vote is no.

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James Snell. My voters, no.

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Ishmael Shaheed. My voters, no.

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Thank you.

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Number two from our regular list.

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MI 2022-005-965-1742 Wiley Street.

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Alan Nockmson is the attorney.

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Recommendation of support from United Francifill Civic Association.

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There are also a petition of support signed by 15 neighbors and four letters of support from neighbors of adjacent properties.

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Mr. Nockamson.

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Good afternoon, Mr. Chair, members of the board.

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Alan Nockamson, ALAN, last name Nockamson, NOCA.

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You've already been sworn, sir.

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Could you identify your client relationship to the property?

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Yes, my client is the owner of the property.

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Y-L-E-E-L-I-L-P-L-L-C

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and in the virtual audience

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is James Hodges,

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its representative.

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And our vice chair

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has just a few questions, sir.

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Good afternoon, council.

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Do you agree to waive

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the reading of the refusal

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and stipulate to his accuracy?

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I do.

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Have you emailed

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all the required documents

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and exhibits to proceed

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with this case

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five days in advance

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of this hearing?

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Yes, I have.

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Thank you. Please proceed to share your screen.

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Hi, so I'm here to present 1742 Wiley Street. I do apologize that I'm going off camera.

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I've been having technical issues all day and I think without having a camera I'll hopefully

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help that along. So 1742 Wiley Street, we're proposing to have a two-family household

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living in the Francisville section of Philadelphia. During our presentation, we'll first review the

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notice of refusal. This is an RSA-5 property, but as you'll see from the presentation,

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it's not uncommon to have this type of use in its neighborhood in close proximity to the property,

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and that's why I believe that we got a letter of support from the United Francisville Civic

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association. It was a very well-attended meeting, as you'll see, and we received overwhelming

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support from the community. And then, again, it's not enough character to have multifamily nearby,

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which makes sense because we're near the commercial corridors on Ridge Avenue as well as

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Fairmont. So you'll see a decent amount of nearby multifamily on the 1,700 block and 1,800 blocks

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of Wiley Street. And in addition to the community meeting, we canvassed the neighborhood. My

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clients live nearby and they're well known in the area. So they circulated a petition of support

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as well as letters of support from nearby neighbors just to confirm all neighbors that

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surround us and directly touch our property line are in support of our project. Then we'll review

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the presentation materials, which was prepared by NUM architecture. Then we'll review the RCL

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meeting notice or application for appeal or deed to the property, as well as our certificate of

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tax clearance. At the conclusion of my presentation, I would ask that Mr. Hodges virtually raise his

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hand, be sworn in, and then he can adopt my testimony as his own. Our notice refusal. So yes,

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this is an RSA 5 property deal. And this is, we're seeking a duplex. We're not seeking any

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dimensional variances, just one use variance. And we met with the United Francisville Civic

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Association with the coordinating RCO. As you can see, 34 individuals attended this meeting,

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and we received overwhelming support from them. And then again, it's not uncommon to have

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multifamily properties next to where we are. As you can see, we're the green bubble. And then we

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did an investigation of nearby properties. So there's 14 properties within a block

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on Wiley Street. There are multifamily in nature, all close by to us. And then

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there are multifamily in nature all close by to us and then again it was really important to us

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to meet with as many members of community to get the temperature of the community for this

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multifamily project and by the way my clients actually are going to be living next door at

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1740 wiley street but for there's 13 other instances in close proximity where people sign

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Either a letter of support or a petition of support.

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And then here's a backup petitions being signed, and as well as the letters.

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And again, every property that touches our property is in support of this project.

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And then this is our presentation with new architecture.

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Again, it has some of the similar type of things we would include in our presentation material,

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which are the zoning map, just a general map, and then the front of the property.

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And then this is West side of Wiley to the Wiley Street on the West side, Wiley Street on the East side, the 1700 block, and then the West side of the 1800 block of Wiley Street.

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And then this is proof of our notice poster going up on Wiley Street.

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And this is our rendering of our property.

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What was important to the neighborhood is that we kept in scale with the other properties nearby.

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So as you can see, we mimic these properties, have a flat brick facade as well, something that you can walk by and say, OK, this is this should be part of this neighborhood.

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And then this is just, you know, a site, a site plan for a property.

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As you can see, there is ample rear yard space.

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And again, we're not seeking any dimensional variances at all for this property.

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So, again, the height is in line, not only with the codes, but also the neighborhood as a whole.

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And then these are just our floor plans.

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Again, there's two units.

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There's a bi-level on the first floor, and there's a bi-level, first floor on the lower level, and there's a bi-level second and third floors.

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Of particular importance, there's an actual separate set of staircases in the front of the property for the basement level.

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So if someone is down there in a basement, they can either go up the internal flight of steps and go through their first floor door, or if they're in the basement and they choose so, they can actually exit directly through a flight of steps.

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It was really important to my clients to have that safety measure in place.

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And then the RCO meeting notice, we met on February 8th at 6.30 p.m.

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149 addresses were notified of that meeting.

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These are the addresses.

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Proof of mailing to those addresses.

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Our application for appeal, showing that Wiley E.L.P. LLC is the owner of the property.

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Our notice of refusal was filed with that, along with our project information form,

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our deed to the property, also showing that they own the property,

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and our Certificate of Tax Clearance.

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Now, it does show that $3,090.76 is technically owed in real estate taxes,

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but those amounts are not due until March 31st of this year.

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So we are tax compliant in that respect.

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With that being said, I'm going to unshare my screen.

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I would ask that Mr. Hodges virtually raise his hand.

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Mr. Hodges is coming in.

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Mr. Hodges, could you please state your name and spell for the court reporter?

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James Hodges, J-A-M-E-S. Hodges is H-O-D-G-E-S.

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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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Yes, Mr. Hodges, you heard everything I had to say today.

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I did.

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Is it true and correct?

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yes and do you adopt as human testimony yes all right thank you hi questions from the board

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no mr chairman no miss no mr chairman

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questions or comments from the virtual audience

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no there are no hands here planning commission

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thank you chair bergman fix my camera

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Okay. Thank you, Chair Berman. Sarah Bohn, S-A-R-A-H-B-A-N-H.

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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, I do.

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Proceed.

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In 2013, the zoning map was amended from residential multifamily to residential single family attached in accord with recommendations from the comprehensive plan.

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City Planning Commission recommends that the zoning board deny the variance.

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Thank you.

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M-I-2022-005-965-1742 Wiley Street, I vote yes.

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MI 2022-005-9606.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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