civus
Hearing video

ZBA Hearing - September 28, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 28, 20225h 31m

right off of Cotman Ave. You can see in back that this is the residential and this area

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has been renovated. So this is how it looks today. And as you can see, we have marked

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next the zoning overlay map as Exhibit 8. This is where the property is located, which

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is the RM2 residential only, but it's sandwiched between both commercial and industrial districts

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and there are mixed uses in the surrounding area. Exhibit 9, we have a key plan just to

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Exhibit 9, we have a key plan just to orient you.

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orient you. This is the commercial.

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This is the commercial space, that first floor that we saw, and this red area is what we

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are proposing to put in as a LASH personal service use.

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Next to it on the left is currently a personal service use, it's a skin aesthetics shop,

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and that was previously approved with a variance in March of 2022.

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And right to the right of it, there are two units that were approved for a daycare.

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At the very end, there is the leasing office in this area that's in white.

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We'll hopefully have another complimentary service going in soon.

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We are here only for the LASH services personal use today.

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Exhibit 10, we've included a business plan,

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Again, just explaining a little bit about what is proposed for this particular location.

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Just in brief, I'll highlight some of the features.

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Laurel Lash has been involved in the lash industry since 2018.

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Their primary focus is on high-end lash extension services, and they also provide ancillary

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hair services, braids, extensions, and general styling, and they plan to expand to be able

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to provide full hair care services and ancillary nail services secondary to the lash and hair.

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This is an appointment only location. They're initially going to have two lash artists and

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two hairstylists with a plan of growing to four lash artists and three hairstylists

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with one nail technician in the next five years. The hours of operation are Tuesday through Friday

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9 to 5 and Saturday from 8 to 3. There's a dumpster and established waste pickup area

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that's already in place through the landlord and applicant. We've then attached after the

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business plan as Exhibit 11, a historical permit that granted use for massage and chiropractic

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services in July of 2008, just to show that this has been an ongoing use in this area

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despite the residential only zoning then at 12 we've included our near near neighbor notice letter

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and proof that this was served on all of the neighbors as well as lastly we did obtain an

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rco support letter we met with the burholm community town watch and civic association

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on july 21st 2022 and presented what was planned on going into this location and there was a

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unanimous vote in support of this variance. Thank you. Why don't we have your testimony

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adopted by your client? So as mentioned, I have David Waterman of Newtown Park Associates. If you

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can raise your hand, David, for me. Mr. Waterman. Can everyone hear me now? Hi, yes. Could you state

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your name and spell it please for the court reporter yes sir david waterman w-a-t-e-r-m-a-n

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do proceed counsel uh mr waterman can you um do you agree with everything that i just said

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and incorporate the testimony that i just presented as your own

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i do thank you questions from the board no mr chair no mr chairman questions or comments from

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the virtual audience chair we have stevenson dunn okay sir could you state your name and spell

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

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Hello? Hi, could you state your name and spell for the court reporter? Stevenson Dunn,

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that's spelled S-T-E-V-E-N-S-O-N, last name Dunn, D-U-N-N. Right, do you swear a firm to tell

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the truth, the whole truth, nothing but the truth?

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Yes.

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Proceed.

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Hello?

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Hi, Mr. Dunn, do you want to testify in this case?

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What is that?

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What am I testifying to?

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I don't know, sir.

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You put your hand up.

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Okay, thank you, sir.

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We're fine.

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I see no other hands, Chair.

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Okay.

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Planning Commission. Good afternoon, Chair and members of the Board. This is Greg Waldman

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with the Planning Commission staff. The comprehensive plan recommends no change

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The comprehensive plan recommends no change to the existing multifamily residential zoning at its location.

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to the existing multi-family residential zoning.

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There are existing non-conforming commercial and professional office spaces on the property.

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The applicant seeks to replace one of the commercial spaces with another, thus not expanding the existing non-conformity.

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The City Planning Commission recommends that the Board grant the use variance.

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Thank you. MI 2022-003-194-800 Cotman Avenue. I vote yes.

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Carol Tenere, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you.

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We're going to go to number one.

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MI 2022-003-192-2621-67, Frankfurt Avenue.

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Catherine Mismer is the attorney.

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we have a letter of non-opposition from councilman squilla a letter of support

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from fishtown kensington area business association which is the affected rco

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and we're waiting for an rco letter from east kensington neighbors

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hi mr chair this is hillary um we did we got a recommendation of support from east kendington

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neighborhood association we did not get a letter of explanation with it all right good thank you

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Mm-hmm.

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Counsel?

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Good afternoon.

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Catherine Missimer, that's M-I-S-S-I-M-E-R, 1835 Market Street, Philadelphia, Pennsylvania,

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19103.

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Right.

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Do you swear 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 and relationship to the property?

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Sure.

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2418 Apartments, LLC, is the owner of the property at 2621-67 Frankfurt Ave.

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All right.

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Thank you.

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Our vice chair has a few questions.

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hi do you agree to waive the reading of the refusal and stipulate to its accuracy

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i do i'd just like to confirm that you have the amended refusal that was issued in september

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versus the may refusal we do perfect then yes have you okay great have you emailed the exhibit

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packet with proof of ownership tax compliance a copy of the refusal or referral photos and

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plans of the property five days in advance of this hearing and have you met with your CO and

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do you have a letter? Yes to all of the above. Okay great you may proceed and begin to share

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with your screen which is already up I say. Thank you. Thank you. Good afternoon as mentioned I'm

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here on behalf of 2418 Apartments LLC the owner of the property at 2621 to 67 Frankfurt in East

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Kensington. We're here today with a use application to convert previously approved art as an industrial

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space to commercial space. It's in a mixed-use building. I have with me today owners rep Dean

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Markey as well as our project architect Rustin Ohler. 2148 to 67 Frankfurt is the old Woods

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Brothers site that you may be familiar with in East Kensington. It stretches from Frankfurt Ave

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through to Amber Street in the rear near the intersection of Frankfurt and Lehigh. The building

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itself completed the CDR process back at the end of 2019. Development included over 400 units with

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below-grade parking related residential amenities as well as this ground floor and cellar artisan

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industrial space. The community really embraced this project as a transformative opportunity to

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bring that vibrant commercial corridor of Frankfort Ave to this end of the avenue.

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There were prior presentations for this site that never made it off the ground, so there

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was real support for what was considered a viable project here.

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As mentioned, that process was completed through CDR at the end of 2019, and we all know what

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happened in the beginning of 2020 when COVID hit.

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So unfortunately, the pandemic paused this project as well as several others, and part

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of the issue that this project is now facing is that the availability and marketability

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of both commercial and industrial type spaces and the availability of financing for projects

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including those spaces really changed in the post-pandemic market. The community has really

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supported us and supports this current application. As you can see we have a letter from non-opposition

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from councilman mark squilla's office this is our letter of support from east kensington neighborhood

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association who is the coordinating rco in this matter we also have a letter of support from the

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fishtown kensington area bid this project is seen as in compliance with their vision plan for the

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neighborhood they really welcomed you know the discussion and expansion of this project

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We also include several letters of support from near neighbors.

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we also include several letters of support from near neighbors um there was

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Those copies of all have been submitted as exhibits in our package.

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This is a photo from the CDR package to sort of give you an example of how transformative

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this project is. It's this large building in the center here. So it's a huge project and

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the proposal is really to change that small ground floor area to a viable use. Following

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completion of CDR and our design process, the ownership went out to seek financing. And the

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problem with the pandemic was financing became harder and harder to obtain. A lot of the initial

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conversations with lenders and investors alike were this artisan industrial use is not marketable,

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it's not a viable tenant option, and we're not going to finance a building that includes it.

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As a result, the ownership filed the current application, which seeks to broaden the pool of potential tenants for that ground floor space from just the artisan industrial users to a general commercial user that could really bring vibrancy and activity to this portion of Frankfurt Ave.

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The use change, however, does create a technical variance. And as I'm speaking, I'm going to scroll

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through just so you can familiarize yourself with the site. The technical variance is really

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dependent upon the issue. The site is known in IRMX. There's a code provision that permits

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certain IRMX sites to exceed the allowable 60-foot height to 72 feet with the inclusion

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of art as an industrial space like art as an industrial. The current project was designed

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to incorporate that art as an industrial space and incorporate a 72-foot height which did allow for

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that higher first floor space to give us more display opportunities, visibility on the sidewalk,

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more glass frontage, that kind of thing. And it's a riddle original iteration we

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did incorporate all of that space. Now we're proposing to change that use to

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get a viable tenant in there and expand to allow for commercial tenants should

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we run into an issue. I would note for the board's edification there's no plan

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to change the building construction type so it would accommodate an artisan

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industrial user in the future should one become available. However, the request today is just to

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allow a broader use category, again, opening that up to allow for all commercial uses in this space

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that are permitted in IRMX zoning. We've had candid conversations with the community about

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this situation. We first met with the impacted RCOs and explained where we were in a financing

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standpoint and what our options were. We then relayed that information at a public meeting

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that ECNA was kind enough to coordinate for us. The support was overwhelming for the success of

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this project. They wanted to see this completed. The vote at the meeting was 15 to 1 in favor.

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We also agreed to meet with a committee of neighborhood stakeholders ongoing so that when

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When we do have tenants, we get the input of the neighbors, and we agree to take that

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into consideration.

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This proposal is really a creative adaptation of the existing project, which hopefully,

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by making this slight change, we will allow it to proceed and succeed in the future.

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This is obviously the least minimal variance necessary.

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We believe that this change will open up the financing that's been sort of out of reach

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at the moment and really get construction off the ground.

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This is consistent with the existing financial and commercial corridor along Frankfurt Ave,

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and it would not be detrimental to the public based on our letters of support from both near

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neighbors, the community, as well as the larger bid. At this time, I would just quickly ask

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that my client, Mr. Dean Markey, be allowed to speak.

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Mr. Markey, please unmute yourself and wait for the chair.

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Hi, sir. Could you state your name and spell it, please, for the court reporter?

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Dean Markey. It's a D-E-A-N-M as in Mary, A-R-C-H-I.

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Right. 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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Dean, have you heard my testimony here today?

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I have.

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Would you agree that it's true and correct?

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I do.

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We have nothing further.

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All right, questions from the board?

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No, Mr. Chair.

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And Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Good afternoon, Chair and members of the Board.

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Good afternoon, Chair and members of the board.

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This is Greg Waldman from Planning Commission.

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This is Greg Waldman from Planning Commission staff.

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In 2016, the zoning map was amended from medium industrial to IRMX industrial residential mixed use at this location in accord with recommendations from the Comprehensive Plan.

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At its meeting of January 5th, 2021, the Civic Design Review, which is Civic Design Review, the committee expressed concern that the ground floor artist studio spaces,

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which were used by the applicant to satisfy the industrial use requirement needed to receive an

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additional 12 feet in height would be eventually converted to non-industrial uses after the

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original zoning permit was filed. The applicant now seeks a zoning variance to change from the

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approved industrial use to a commercial one while maintaining the additional 12 feet in height that

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would not have been earned with the now proposed commercial use accordingly the planning commission

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staff recommend that the board deny the requested variance mi 2022 003 192 2621 to 67 frankfort

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avenue i vote yes with the filing provisos commercial use on basement or first floor is

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permitted in the IRMX zoning district. Use registration required prior to occupancy per

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amended refusal dated 9-1-22. Carol Tineri, my vote is yes for Proviso.

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Yes for Proviso. Thank you, Councilman. Thank you all.

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Next case, number two, and I'll also put number four with it. Number two, MI 2022-003,

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403-440-319

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Gate Street, Parcel B

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