civus
Hearing video

ZBA Hearing - December 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 18, 20247h 42m

Yes, I do.

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Mr. Williams, are you a neighbor?

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Yes, I am.

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Please proceed.

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Yes, I just wanted to go on the record that I do not think this project is a hardship.

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We have had in the 32nd Ward, the 23rd Division over the years, rehabs and developers like the Friends.

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Over the years, rehabs and developers like the Friends Development Group did a project on 31st and Burke Streets.

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And throughout the neighborhood that is now becoming gentrified, there's been no problem with total rehabs and the developer recouping their funds.

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We've on my block here in the last five years has sold the property has been bought for over $200,000 on two separate occasions of rehabs. And I just want to be on record that there is no hardship with this project. And I'm going to like to see our neighborhood stay with single family units. Thank you.

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Thank you for taking the time to call. Is there anyone else in a virtual audience?

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um yes anyone else yes mr chair i have a clayton brothers with their hand up

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i've allowed them to speak you please state your name and spell for the sonographer

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playton brothers c-l-a-y-t-o-n-v-r-o-s-t-h-e-r-s you swear affirm to tell the truth

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told truth nothing but the truth i do are you a neighbor i am are you in favor of this project

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or against i am in favor of it thank you for taking the time to call us we appreciate is

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Is there anyone else in the first audience?

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Yes.

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Ken Ellis.

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How many more hands do you have, Jase?

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Just that one.

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Just that one.

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Okay, thank you.

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Could you please state your name and spell for the stenographer, sir?

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Hi, my name is Kenneth Ellis, K-E-N-N-E-T-H, last name Ellis, B-L-L-I-S, and I'm in favor of this project.

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

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Yes. Thank you. And your testimony is?

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I am in favor of this project. Yes.

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And you're a neighbor, sir? Yes.

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Thank you very much for taking the time to calls. Planning Commission.

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Thank you, Chairman, and good afternoon. David Fechtow with the City Planning Commission.

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Chairman and board members, the Comprehensive Plan recommends no change to the RSA-5 residential single-family zoning at this location.

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The city changed the zoning maps in Strawberry Mansion in 2014 in accord with recommendations in the Comprehensive Plan.

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At that time, this property was zoned RM-1 residential multifamily.

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We are aware of six other legally non-conforming duplexes on this block face.

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the city planning commission recommends that the zoning board grant the proposed use variants for

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two dwelling units you m i 2024 001 331 3144 euclid treat i vote yes with proviso no household

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living in the basement michael johnson my vote is yes with proviso cheryl gaston my vote is yes

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with proviso i am wondering my vote is yes with proviso

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thank you thank you council thank you and happy holidays members of the board sure thanks thank

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you number 18 mi 2024 003 732 1040 wall street joseph consul is the attorney

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there's recommendation of non-opposition from the lower moin mensing civic association

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We're coming back as a panelist.

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Good morning.

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Mr. Consul, could you state your name and spell for the court stenographer?

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It's Joseph Consul, J-O-S-E-P-H, last name C-O-N-S-O-L-E.

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We're a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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

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Mr. Dialsinger, he's the owner.

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Can you stipulate to the reading of the refusal and agree with this accuracy?

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Yes, just that we submitted a proviso with modified plans after a couple of meetings with the RCO.

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So one of the refusal issues, the vacant commercial space is not relevant, and the two-unit has been upgraded to a three-unit residential.

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I'm back, Chair.

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Okay, thank you.

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Hillary, how do we stand with this amended refusal?

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Yeah, Mr. Consul, the refusal will need to be amended with those changes because the scope is kind of changing and, well, the scope is changing and the refusals are changing.

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So we can hear this today because it appears from the materials that you submitted that your new proposal is what was presented to the community at the last meeting.

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However, we will need to hold for an amended refusal that reflects what is now being requested.

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that reflects what is now being requested.

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All good.

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All good.

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Please proceed, counsel.

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Okay, Joe Consul, I am here for Mr. Donnell Singer,

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the owner of 1040 Wolf Street.

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Mr. Singer bought this property in 2020

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in an extreme state of disrepair.

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These properties, there's four of them on the caddy corners.

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In this part of South Philly, you have a lot of two-story properties, but the four corners, here's our property on the left and the property on the right, here's across the street, the two corners, these are all three stories.

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The two properties that you're looking at are zoned commercial on the first floor with two residential units above.

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The property directly across from my property that we're here to talk about, which is 2300 South 11th, is approved for six residential units.

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That was approved in 2018.

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My client originally sought approval to match the commercial spaces across the street.

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So it would be a commercial on the first floor with two residential above versus going for more units like the property across from him.

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He wanted to do the commercial with the two residential.

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However, we met with the RCO three times in total.

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The neighbors did not want another commercial space on that first floor.

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They wanted only residential.

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My client was not interested in trying to do six units, which his property is the same as the one that was approved for that.

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But that seemed like a ridiculous amount. So and plus, he's planning on moving into the property himself.

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But he's asking for three units, one on each floor.

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We submitted a revised proviso plans form stating that we were removing the request for commercial unit on the first floor,

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replacing it with a residential unit making the total residential unit count equal to three we

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submitted these updated architecturals that show the layout there's no living space in the basement

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strictly storage and utilities the three floors reflect a unit one two bed two bath 912 square

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feet. Unit 2, one bed, one bath, 482 square feet. And Unit 3, two bed, two bath, 1616 square feet.

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Like I said, after the third meeting of the RCO, we got their non-opposition after we submitted

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these revised plans

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and we had several

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neighbors show up in support.

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The ones

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that didn't sent us

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a

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a

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did I unshare?

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Hold on. Sorry about that.

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We got a letter

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of a petition of support

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from a client as well

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which was in our packet.

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you guys have that

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hold on one second

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for some reason

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my sharing

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disappeared here

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let me get it back up

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all right

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let me try that again

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so the goal is

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to get approved for

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three residential units

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let's try

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this should be my packet

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it again. Did I pack it back up? It's back up. Okay. Sorry about that. So here's my proof of

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mailing. The RCO meetings. We did three times. So it is the exterior.

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A deed to my client and his wife.

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Reality transfer tax, project information form, tax compliance certificate, currently

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valid.

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Actually, we had a couple of petitions in support.

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There's one, and then there was a letter that was written directly to the RCO from the next

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door neighbor.

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um i understand we're waiting for an amended refusal uh but i'd like to call my client in

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to adopt my testimony mr singer can you raise your hand i hear it mr shenger

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I hear it.

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Mr. Singer?

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I've been allowed to speak.

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Hello, Mike.

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Could you please, could you, sure, could you spell your name for the stenographer, please?

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Donyell, D-O-N-I-E-L-L-E, Singer, S-I-N-G-E-R.

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I'm a firm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Please proceed, counsel.

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one mr singer did you hear my testimony just now regarding your property at 1040 wolf street

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i did does that accurately reflect um your understanding of of your project and do you

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adopt it as your own it is accurate okay nothing further board questions from the board

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so to confirm this is uh proposed for a three unit property is correct yes sir

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okay thank you the questions from the board

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questions from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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yes mr chair i have another hand up to miranda i have not them to speak

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hi could you please state your name and spell for the stenographer alicia miranda

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that's a-l-i-s-h-a last name m-i-r-a-n-d-a

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where or a firm to tell the truth the whole truth and nothing but the truth

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yes are you a neighbor yes please machine cool i just wanted to understand if there's been any

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efforts to engage with the neighbors about uh the rental unit proposal uh i know that we were

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against the commercial but has there been any close communication with neighbors about what

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we would like to see in this neighborhood for that building uh yeah we had three rco meetings

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where we sent all the the exhibits out and on top of that and my client can speak to it

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he spoke to near neighbors regarding the use of the property and um because no one wanted commercial

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and there we don't believe that the uh six unit that was approved on the same size building

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makes any any sense he believed that a three unit was appropriate and the rco had submitted it's not

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opposition for that we had neighbors present and forgive my ignorance but how did you disseminate

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the rco information as i did not get any of that uh we the the city gives us a list of addresses

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that we have to um serve of a certain radius of the property and each one required us to send out

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215 pieces of mail, which we did three separate times for those different, different meetings.

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Okay. And then my last question is, are there any efforts to research what the possibility of

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affordable housing could be for these units, considering the income of this neighborhood?

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I could have my client speak to that. It hadn't, it hadn't come up previously.

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I don't know if he's prepared to address that.

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We believe that we set up a handicap unit on the first floor would be very affordable as well as the second and on the third floor of my family would be living in that one.

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Cool. And then are these mixed bedrooms?

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Is there a mix of one bedrooms, two bedrooms, three bedrooms, or how do you envision the layout to be?

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I have the layout on the screen right now.

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Ms. Miranda, first floor is two bedrooms, the second is one bedroom, and the third unit is two bedroom.

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Got it. Thank you.

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Is there anyone else in the virtual audience?

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Planning Commissioner.

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One second.

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You're saying that the second floor is a one-bedroom unit, but you show a bedroom at the rear with the kitchenette.

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Yeah. Mr. Singer, is the third unit a bi-level between the second and third floor? Am I remembering that correctly?

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That's correct.

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So, but on the second floor in the rear, when you come up the step there, there is a bedroom with a kitchenette.

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That's included with the third floor apartment. So the third floor is a bi-level apartment.

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It exists with the entire third floor and the last room on the second floor.

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So.

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So, Donnell, Mr.

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John is referring to something labeled as a kitchenette in this back bedroom here.

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But there's also a kitchen on the third floor and another one on the second floor.

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and another one on the second floor right there and one on the third floor so

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Right. There's four. And one on the third floor.

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So.

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it is just a uh a sink area it's not really a kitchen kitchen it's just a sink

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any other questions planning commission thank you chairman and good afternoon david pecto with

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the city planning commission chairman and board members the comprehensive plan recommends no

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change in zoning at this location from residential single family uh five the city planning that city

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changed the zoning in this neighborhood in 1996. this proposal has a documented history as ground

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floor commercial space with dwelling units above the appellant seeks to change the previous ground

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floor commercial space into a dwelling unit this proposal will bring the property closer into

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conformance with the residential zoning the city planning commission recommends

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of the board grant the proposed use variance for three dwelling

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Right. Mr. Consul, we're going to hold the vote on this. Otherwise, the case is closed. Am I correct, Hillary?

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Yes, it's closed except for receipt of the amended refusal.

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Thank you, Mr. Consul.

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Hillary, just briefly, how do I achieve that between now and the held vote? Pardon my ignorance on that.

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you can send me to send a letter um to to rcozba and board council requesting permission to amend

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and explain why attach attach a copy of the existing refusal all right i'll do it right now

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thank you also is there a roof deck on this

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mr singer okay there is yeah we we have access to a roof got it okay all right thanks thank you

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Thank you. Number three, Mr. Schirmer.

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Mr. Schirmer?

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Mr. Schirmer will be back in as a panelist.

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