civus
Hearing video

ZBA Hearing - January 19, 2022

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

exhibit we have already submitted to the board. Can everyone see my presentation on the screen?

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yes thank you so we have submitted the copy of the refusal rco letter photos plans

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proof of tax clearance and other required documentation i'm going to address the

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refusal first this is actually an rem1 property and as the board can see here we are what we're

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really requesting is a small dimensional variance almost de minimis in nature the

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buy right three unit that we're proposing would require a lot of 1275 square feet.

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We have a lot that is 1267.5 square feet. So to have a buy right three unit, even under the

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expanded 425 square foot per unit, based on the overlay, we're only off by less than eight square

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feet the same can be said for the maximum occupied area we're actually off by 2.6 or not even two

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square foot and a little bit less than two square foot for maximum occupied area the design of the

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building actually is designed around the size of the lot with 25 open space a 15 foot rear yard

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what i'll do is jump to the zoning plan so the board can see what i am stating here to be the

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fact as presented on the plans. The zoning plan itself when it was presented for review

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includes a 15 foot 10 backyard and includes a little side yard which gives the total open

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space of 25 percent. So there's actually 316 square foot of open space. The main thing about

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the use difference is that even with the overlay if we had just a little hair more space in the lot

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we would be able to have this as a by right project the community supported this because

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they realized this is a rather large lot almost fitting of the triplex use and it's not inconsistent

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with what's being proposed in the area so we did get ultimately get support from the community i

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do want to point out there is a two foot alleyway as well. So again, we have space between us and

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the next property behind us, in addition to the base lot size. So based on the small difference

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in lot size that would otherwise allow us to have the three units, we're asking the board's

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favorable consideration for three units. The layout is very straightforward. It will be basically

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one unit per floor. I'm going to zoom out first in order to better see the plans. So it's basically

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the first floor and basement is one unit, second floor is one unit, third floor is one unit.

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The first floor and basement is one unit, second floor is one unit, third floor is one unit.

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We're not proposing a height that's beyond code.

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We're certainly providing everything else dimensionally within code.

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So again, it is not different than what is being built in the area on even smaller lots.

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And again, we have a very de minimis amount of difference between what we could have had by right

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versus what we're proposing

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based on a few square foot difference in lot size.

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So again, I'm happy to answer any questions.

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My client is here with us as well

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if the board wish to have him affirm my testimony.

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Thank you.

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Why don't you do that?

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Why don't you have your client?

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Sure.

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Mr. Bader, Chagai Bader,

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can you raise your hand in Zoom

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so you can be identified?

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He's been allowed to speak.

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Thank you.

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Hello.

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good evening hi could you state your name and spell it for our court reporter

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yeah my name is chagai bader c h a g a i my last name is bader b a d e r you swear for him to tell

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the truth the whole truth and nothing but the truth yes proceed thank you uh mr bader uh did

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you see my presentation to the zoning board on zoom and have you heard my testimony before the board

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yes can you verify that my presentation and testimony is true and correct and adopted as

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your own testimony yes thank you questions from the board no mr chairman mr chairman no

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questions from the virtual audience

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i see no hands mr chair planning commission

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Brian Bednar, City Planning. This property is indicated for multifamily residential use

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on the city plan. Given the constrained site physical conditions, we recommend the request

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for variance be granted. Thank you, sir. MI 2021 003553 2415 North 10th Street, I vote yes.

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Carol Tenere, my vote is yes. Thomas Holliman, my vote is no.

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James Snell, my vote is yes.

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My vote is yes.

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MI 2021 002321 3701 Frankfort Avenue.

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At this point, no RCO letter from Harrogate Civic Association.

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Sean Ward.

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Good afternoon, Mr. Chairman, members of the board, Sean Ward, on behalf of the applicant,

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S-H-A-W-N, last name Ward, W-A-R-D, 331 East Street Road, Trivos, PA-19053.

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Our right share has a few questions.

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

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Yes, I do.

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Have you submitted the required documents?

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Yes, I have, and it includes the RCO letter of support.

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From Harrogate Civic?

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That is correct.

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Okay, great. You may proceed.

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again mr chairman sean ward on behalf of the applicant property is 3701 frankfurt avenue

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philadelphia i've submitted my typical exhibit packet which includes a1 is the notice of refusal

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this is a permit for multi-family living totaling 33 units in an existing building with all

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previously approved uses the refusal non-residential uses and non-parking uses must account for at

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60% of the total ground floor area of all buildings on the lot where we propose zero.

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Accordingly, we seek a use variance. A2 is the deed. A3 is tax clearance. A4,

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site and elevation plans. A5 are floor plans. A6 are the photographs. A7 is the letter of support

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from Harrogate. If a councilman's letter has been submitted, I would ask that that be marked

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A8. I don't believe we have one. A9 is the relevant zoning history. This is a former public

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School. It was known as the George Hand School. It's on the National Register of Start Places and

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we are undergoing an adaptive reuse of this property. In 2019 we obtained a zoning permit

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for 29 dwelling units and four business office spaces with an accessory gym. We are looking to

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change those four business offices into four additional apartments. So the project remains

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substantially the same, but for the business office space. A-10 is the zoning map. A-11 is

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the aerial photograph. Again, IRMX requires at least 60% of the ground floor space to be

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commercial or industrial. All marketing efforts to date for these office tenants has proven

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unsuccessful. And therefore, we call for the conversion of those four previously approved

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office spaces to residential units, thus increasing from 29 to 33. Those number of

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to residential units thus increasing from 29 to 33 those number of dwellings and we believe that

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is the highest and best use of those spaces is for residential use so moving on to the to the plans

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the red dots indicate the previously approved commercial spaces along with the accessory gym

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for the residential units and then there was three apartments on that level and we're just

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looking to make these four into uh residential units so this was the previously approved plan

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permits were issued and it was undergoing a renovation however spaces one two three and four

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uh were intended to be business offices thus complying with the 60 percent uh first floor

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or ground floor requirement however again it just isn't feasible at this point because there's no

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interest uh this is a picture of the structure it's a frankfurter caster uh a beautiful building

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quite frankly it's in a gothic gothic revival i think uh tom holliman would know better than me

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but um it's a it's a beautiful structure we look forward to converting it into residential units

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and uh that is basically the sub and substance of the uh the application it is in an irmx adjacent

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to RSA 5 across from additional ICMX. And that is my presentation. I believe George Groves

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is my applicant representative today. If George can raise his hand and he can verify and adopt.

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I'll have to speak. Good afternoon. George, could you state your name and spell for the

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court reporter sure george hurrows g-r-o-v-e-s uh george uh oh you gotta be sworn in i'm sorry

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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 sir george george you've heard my representations to the board

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yes are they true and correct to the best of your knowledge information and belief

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yes and do you adopt them as your own testimony yes questions from the board

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no mr chairman mr chairman no mr chairman questions from the virtual audience

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i see no other hands mr chair planning commission

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from bednar city planning the property is indicated for residential industrial mixed

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use on the city plan based on um the uh community comments we recommend the question variance

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thank you sir mi 2021 002321 3701 frankfurt avenue i vote yes carol tenary my vote is yes

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

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MI 2021-003381, 533 East Allegheny Avenue, RCO Impact CDC, letter of support, Sean Ward again.

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Good afternoon, Mr. Chairman, Sean Ward on behalf of the applicant.

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My name is SHAWN, last name Ward, W-A-R-D, 331 East Street Road, Trevos, PA, 19053.

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Our vice chair has a few questions.

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Mr. Ward, do you agree to wave the reading of the refusal and stipulate to its accuracy?

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I most certainly do.

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Based on the notes I have, I see that you've sent in the required documents.

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Can you confirm that?

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That is confirmed.

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You may proceed.

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Okay.

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Can everybody see my screen?

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Yes.

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Thank you.

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Excellent.

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Again, Sean Ward on behalf of the applicant.

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I represent M&R Property Investments, which is the owner of the property, as well as citywide

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Community Counseling, which is the applicant and tenant of the property. They are related entities

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with regard to this property. It's 531-33 East Allegheny Avenue. We filed an application for

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the expansion of a group medical practice currently existing at 535-39 East Allegheny

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to include 531 and 533 East Allegheny. Group medical was not permitted in RSA 5. Accordingly,

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we seek a use variance. A2 is the proof of ownership, the two deeds for the property.

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A3 are two proof of tax clearance. A4 is a four plan for 533 East Allegheny. 531 is not designed

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yet, but I can safely say it would be the mirror image basically of 531, I mean 533. A5 are

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photographs. A6 is the aforementioned RCO letter of support. I don't know if we have a district

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council letter if we do i would ask that that be marked a7 pardon me uh as far as relevant

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As far as relevant zoning history goes, back in 1985, it was a group home for four persons.

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zoning history goes back in 1985 it was a group

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2012, there was an expansion of a medical office, but that appeal was withdrawn.

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I brought this to the board in 2017 for the group medical practice.

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Again, that resulted in a three-year temp, which expired during COVID, and therefore

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we are now here before the board.

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In 2019, we got a permit for the installation of an ADA accessible ramp for the group practice.

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there is no zoning history found for 531 that's currently a vacant boarded up building

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for 537 through 39 it's been a medical office with three apartments

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back in 1990 but has been used for this medical practice for many many years a10 is the zoning

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map a11 are the aerial photographs community-wide counseling is a mental health counseling psychiatric

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pediatric evaluation, an individual family, a group therapy, and other social services business.

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The existing conditions, they're attached two-story structures adjacent to the existing

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counseling services center, and the days and hours of operation will be Monday to Friday,

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7 a.m. to 8 p.m., Saturday, 7 a.m. to 5 p.m. I don't need to bore you with all the exhibits

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that I just identified, but they are in the packet. With regard to the floor plans, this is

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the floor plan for 533. Again, we were granted a permit for this. It did expire, and we were

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seeking to renew that, but also want to include 531. And again, 531 would be, if we're looking at

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the first floor, 531 would be attached to this wall here and would basically be the mirror image

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of that structure and right now 533 has a waiting room at the first floor front

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with four or five offices behind it and a lavatory steps leading down to a basement

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which is basically storage and utilities as shown at the bottom of the plan and at the second floor

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you have one two three four five six seven counseling offices and again another lavatory

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to service those uh there is a emergency egress from the back of the building and as far as

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photographs go. You can see these from here over is 535 through 539. This would be 533. And here

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is 531. So that would be fully renovated to be incorporated into the whole structure. The corner

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property 529 is not owned by us nor involved in this application. That's just an existing peach

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shot so just a couple more uh photos of the property it's on allegheny avenue

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uh the letter of support from uh impact services uh position is full support

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and then we have the uh you know the zoning history of the permits that were granted

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for the medical office at 533. that is basically the sub and substance of my presentation i do have

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a representative from citywide, I don't know if it's Claudio or whoever's from,

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citywide, if they could raise their hands so they could be allowed to speak to

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verify and adopt, I would appreciate it. Mr. Claudio Roman has been allowed to speak, sir.

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

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Claudio?

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Well, Mr. Chairman, as an officer of the court, I would ask the board to stipulate that Mr.

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Roman would verify that my representations were true and correct and that he would adopt

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them as his own testimony.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions from the virtual audience or comments?

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Mr. Sloan, folks, has his hand raised.

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I will not at this time, sir.

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mr folks good afternoon uh chairman bergman zba board sloan folks sloane fsm fire or lks

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representing councilwoman maria quinones sanchez 7th district room 508 city hall

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you've already been sworn sir proceed thank you sir uh the applicants having met with the

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coordinating rco and receiving a letter of support the councilwoman has no opposition

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to this variance request. Thank you. Thank you. Any other comments from the virtual audience?

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Planning Commission? Planning Commission?

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Run Bednar City Planning. While this property is currently indicated for residential use on the

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While this property is currently indicated for residential use on the city plan, given the physical site conditions and documented use history, I recommend the request for variance to be granted.

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city plan, given the physical

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Thank you.

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MI 2021-003381533, East Allegheny Avenue, I vote yes.

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Harold Tsunari, my vote is yes.

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Thomas Holloman, my vote is yes.

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