civus
Hearing video

ZBA Hearing - January 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 19, 20226h 51m

And Mr. Holloman has a few questions.

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Do you agree to weigh the reading of the proposal of the refusal and stipulate to its accuracy?

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Yes, Mr. Holloman.

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Do you mail the exhibit package with all the required documents?

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yes we have Mr. Hellman please proceed and share your screen thank you

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so similar project actually same client and we made this presentation in front of the

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Mantua Civic Association along with 3930 Brown Street. So, again, similar circumstances.

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We have a porch community. We try to emulate what the property should look like in a community like

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this, and we're looking to put a triplex here. Similarly, which is this property is not that

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far away from Brown Street. So you saw the evidence of the ZBA granting similar variances

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in the past. And this property is actually, I think, slightly larger, at least according to the

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site plan, it's 1,440 square feet. It's a rather large property. And there are other examples on

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Fairmont, 3913, 3908, and 3801, where the ZBA has granted variances in the past under similar

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circumstances. So we'll go through the same materials as we did for the Brown Street property.

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We have a notice of refusal, which will go over.

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This is an RSA-5 property, a rather large lot.

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We had the letter of support from the Mantua Civic Association.

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Again, same thing.

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Not one person voted at that well-intended meeting.

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No one voted against it.

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They either voted in support or in non-opposition.

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We have examples of recently granted zoning board of adjustment variances for nearby properties.

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We have maps of the area, photographs of the property in the surrounding area.

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Our plans and drawings, proof that we had a community meeting and notice was sent beforehand, our deed to the property showing that H&M Developments LLC is the owner of the property, our application for appeal that we filed with the zoning board of adjustment, and our certificate of tax clearance showing that the property owner is in good standing with the city of Philadelphia.

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So again, notice refusal. We're not asking for any dimensional variances, just like the

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previous property. This is a rather large property of, I think it's 1,440 square feet,

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and we're trying to put a three-unit dwelling there. Again, the letter of support, it was

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the same exact vote. Seven either in support or not in opposition, and zero opposed. And

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And then recently granted variances for multifamily use in this area.

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We have 3913 Fairmont Avenue.

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We have 3908 Fairmont Avenue and we have 3801 Fairmont Avenue.

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We have 3908 Fairmont Avenue.

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All recently decided by the zoning board, all granting similar type of variances.

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And presumably all applicants having similar support by the community.

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again where we are on we're on Fairmont between 38th and 39th streets we behind us is Mellon on

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the other side is Olive just showing where we are from a Google Maps perspective and then

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photographs of the property. Again, another vacant lot. Again, properties to the right

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of the property on Fairmont Avenue. Properties to the left, again, just focusing on the porches

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here that this is a three-story block. We try to emulate and mimic the architecture

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in this neighborhood and then in addition to the recently granted variances there's other legal uses

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of multi-family multi-family use on these some of these RSA5 properties 3834 and 3836 Fairmont Avenue

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and then as you can see from the rendering which I'll try to reduce the size of this

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We really did try to mimic the porch nature of here with a modern twist.

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This one how we see it is maybe because some of the other properties on that block do have

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painted brick we're thinking of having a more white brick to kind of match the interesting

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decor of the other properties on that block unlike the Brownstreet property.

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and then same thing with the site plan this is a rather large property you can see there are

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some vacant lots on this block in addition to well this is the cross section but there

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is some vacant lots surrounding us here and again I looked on Google Earth I don't believe

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that this property has been occupied since 2007 that's as far as Google Earth goes

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and again same thing as the Brown Street property similar floor plan for unit one is first floor

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lower level unit two is second floor unit three is third floor and then similar to the other

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Another presentation, we had a separate notice sent to the community for the Fairmont Avenue

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property. Same meeting December 6th, 2021 at 6 p.m. This went to 174 addresses. These

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are the addresses that we're required to send it to. Proof of mailing that we mailed the

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notice these addresses, our deed to the property, also showing that H&M developments purchased

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this property and owns this property, our application for appeal that we filed to the

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ZBA along with our notice of refusal and our project information form.

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And finally, our certificate of tax clearance showing that my client is in good standing

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with the city of Philadelphia.

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With that being said, I would ask that Mr. Adaseven, again virtually raise his hand.

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Mr. Adaseven, just state your name, you've already been sworn.

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Yes, G-A-Z-I Gazi Adaseven.

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Proceed.

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Mr. Adaseven, you heard everything I stated today.

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yes i heard and is it true and correct yes and do you adopt as your own testimony

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yes thank you questions from the board no mr chairman no mr chairman

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no mr jim questions from the virtual audience

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planning commission

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good afternoon chair bergman david fecto city planning commission mr chairman members of the

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board the comprehensive plan recommends no change to the residential single family zoning at this

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the comprehensive plan recommends no change the residential single-family zoning at this location

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location

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the zoning maps changed in this block in 2017 in accordance with the comprehensive plan

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there is no unique physical condition of this 1330 square foot lot that would prevent it from being

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used in conformance with the zoning code and there are several multi-family homes on this block

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however most of the homes are still single family so the city planning commission recommends that

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board deny the use variants thank you sir mi 2021 002381 3861 fairmount avenue i vote yes

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thomas holliman my vote is yes james snell my vote is yes

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ishmael shahim my vote is yes thank you thank you mi 2021 002200 4801 fairmount avenue mr

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knockamson again we don't have a letter at this point from the rco mill creek advisory council

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uh so see when and there's also note here there is a petition signed by the by the local neighbors

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so i am actually going to defer to uh my colleague clementa amazon but we did get a letter yesterday

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mr chair it's in our presentation materials it's a letter of support from the coordinating rco

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I also received notification from Mr. Goodman from the council member's office that they are

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also in non-opposition to this project, but I will defer to Ms. Amazon, so I will mute myself.

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Good afternoon, Chairman and members of the board.

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Hi, state your name and spell for the court reporter.

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Of course, Clemente Amazon, C-L-E-M-E-N-T-A, last name is A-M-A-Z-A-N. Address is 123 South

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Broad Street, Suite 1600, 19109.

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All right, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Mr. Holliman has a few questions for you.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Did you mail that exhibit package

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with all of the required documents?

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Yes, I did.

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Please proceed and share your screen.

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Thank you.

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I'm sorry to interrupt.

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This is Rebecca Cole.

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Ms. Amazon, would you?

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Yes.

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I'm sorry, Ms. Cole, I didn't catch all of that.

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Rebecca?

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Rebecca we lost you yeah we lost Rebecca okay so I will share my screen and then I will

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pause when Rebecca comes back on perfect thank you can I punch you my screen yep perfect

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so again today I'll be presenting for 801 Gamal Avenue I will be going through the notice

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of refusal. As Alan mentioned, we did receive a letter of support from Mill Creek Advisory

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Council. We did also reach out to the councilwoman and we did receive a position of non-opposition.

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We do have a permit showing that there was a history of triplex use for this property. In

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addition, the ZBA has granted more extensive use for this property as well. We are currently

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requesting a duplex. It has previously been granted for triplex as well as for units. We did reach

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out to the community. So we have a petition of several pages, which includes a letter from the

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never next door. We have maps of the area, photographs of the property, our proposed plans

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and drawings, the notice that we sent out for the community meeting, the application for appeal,

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deed, and certificate of tax clearance. So first things first, we have the letter of refusal. As

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I mentioned previously, we are only looking for a duplex here. The ZDA has previously approved it

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for a variance for a four-family dwelling with a cigar and school supply store, and

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they also granted a variance, again, for a four-family dwelling in an existing structure

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dating back to 1943.

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You will also see that there was a permit that was issued for three units.

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Again, we did meet with Mill Creek Advisory Council, and they did provide us with a letter

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of support for the project, and to that effect, we reached out to the council member to see

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they were providing us with a letter and they confirmed that they did have a stance of non-opposition

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to the projects. As I mentioned previously, this property also has a history of three units as well

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as four units. Again, we are asking for a less aggressive use here. We are simply requesting to

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have two units. And we did reach out to the community. My client is actually a neighbor.

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a neighbor. He lives on this block. He's partnering with his best friend. They both lived in the

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He lives on this block. He's partnering with his best friend. They both lived in the neighborhood

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neighborhood for a very long time. My client's family has been in the neighborhood for well

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That's right.

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over 65 years. His grandmother was also a, let's close that, a block captain. So this is a project

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that is very close and near and dear to their hearts. And here we have the second page of the

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petition. As well as the third page, and just taking a step back here, as I mentioned, we did

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receive a letter from or signature of support from 4803 Fairmont Avenue, which is the property

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next door. This is a corner property, so arguably the most impacted property did express support

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for this project. And again, our third letter, and here's a Google map view. Again, we are

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here on the corner. We did receive support from this property right next door across the street

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to school. Again, 481 for Mount Avenue corner property view. The view of the front of the

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property from Fairmont Avenue, the view from North 48th Street. This is again a very sizable lot.

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There has been used that was far more aggressive than what we are requesting today that the ZBA

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has previously granted. Here we have the view to the right of the property on Fairmont Avenue,

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the view to the left of the property on Fairmont Avenue,

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48th Street to the right of the property, 48th Street to the left of the property.

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Here we have our proposed plans and drawings.

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We have the brick facade that's common for this area.

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We also wanted to make sure that we included several means of entrance and egress to really

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utilize the fact that this is a corner lot.

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And this is a view, as you can see here, there's also access to the rear yard.

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Side view of the property.

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Here we have the site plan and elevations.

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the floor plans so these are going to be bi-level units the first and lower level being for unit one

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and the second and third floor being for unit two and again we did meet with our community and we

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received a letter of support we met with the community on this night we included the date

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time and zoom information on our notice as well as a copy of the refusal on 104 properties were

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notified in total, and we have a certificate of mailing showing that we sent out that

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notice in a timely manner, as well as our application for appeal.

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Again, the refusal, which is for duplex here, whereas the ZBA has previously approved up

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to four units.

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Our project's information form, the deed, and our certificate of tax clearance, and

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the receipt showing that the payment was made for that outstanding balance.

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So with that, I will stop sharing.

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I believe my client should be on Jason Francis or Michael Dozier.

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Hi, Chair, this is Tanya, the administrator.

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May I ask that Ms. Cole send an email of the RCO letter to Ms. Saleta, as well as the RCO's EBA box?

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Sure.

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Thank you, Tanya.

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I believe our office also forwarded it to Ms. Saleta.

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okay thank you she just waved in i just wanted to be sure of course

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your client on yes can you could you yes could you state your name is spelled for the court

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reporter sir jason francis j-a-s-o-n-f-r-e-n-c-i-s right do you swear a firm to tell the truth the

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whole truth and nothing but the truth? Yes. Thank you. Jason, did you hear my presentation

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today? Yes, I did. And was it true and correct? Yes, it was. And would you adopt it as your

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own testimony? I would, yes. Thank you. Questions from the board? No, Mr. Chairman. No, Mr.

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Chairman. No, Mr. Chairman. Questions or statements from the virtual audience?

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No further hands sir. Planning Commission. Thank you sir. Mr. Chairman, members of the board, David Fecto, City Planning Commission. The comprehensive plan recommends no change to the residential single-family zoning at this location. We are aware of four other multifamily homes on this block. However, the remainder of the block seems to be composed of single-family homes.

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There is no unique physical condition of this 1,355-square-foot plot that will prevent it from being used in conformance with the zoning code.

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So the City Planning Commission recommends that the requested variances not be granted.

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Thank you.

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MI 2021-002200-4801 Fairmont Avenue, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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thank you great i just want to read uh just ask again

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miss amazon we don't have it in the rco box too so i just want to make sure we close the record

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Ms. Amazon, we don't have it in the RCO box, too.

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So I just want to make sure we close the record with this one.

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with this one

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Ms. Amazon?

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Ms. Amazon, are you still in the audience?

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Ms. Amazon, please unmute.

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Yes, I apologize.

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I was on my way out and only caught half of that.

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I was asking.

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I don't see it in the RCO box, either.

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so can we just make sure we get that letter so we can put it with our record

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yes of course i'll forward it over again thank you as always miss amazon of course

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mi 2021-002181-5101-5107 westminster avenue no rco letter from the 44th democratic ward

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that this will be a yes to four pages and attorney pritzker

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