civus
Hearing video

ZBA Hearing - August 31, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 31, 20227h 0m

Thank you.

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okay chair we had 30 attendees we can start when you wish thank you very much good morning my name

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is Bill Bergman and I will be chairing this morning's EVA hearings. With me is Carol

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Tenere, our Vice Chair. Present, Mr. Chair. Ismael Shaheed, our Board Secretary. Not here

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yet, Chair. He should jump in shortly. Okay. Thomas Holliman, our Board Member. I know

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he's here he is here chair yeah and it is this this is here too he was just with us and james

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snell our board member present mr chairman sorry mr chairman i had problems i'm present

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and also here is our executive director tanya sunkett and our board attorney hillary emerson

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before we begin here's our virtual format be advised the proceedings are being recorded

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By participating, you acknowledge your agreement to be recorded.

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The video will be available by contacting TanyaSunkett at philip.gov.

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

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If you are participating in my phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548, leave your email address and the address of the property in question.

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And finally, the question answer box on the screen is not for comments or testimony.

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Any comments should be directed to our Executive Director, Tanya Stumpkin.

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We have a few announcements we want to read before we start.

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Effective July 18, 2022, if a case is continued, attorney or applicant moving party, the attorney

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or applicant has 90 days from the date the case is to continue to either request a new

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hearing date, ask for an extension of moving party status, or withdraw the case.

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If the ZBA staff is not contacted by the end of the 90-day period, the case will be automatically

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and elicited for a new hearing. Please note, extensions for moving party status must be sent

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to the Executive Director, Tanya Sunket, with the Board Attorney, Hillary Emerson, copied.

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Two, the ZBA staff is currently sending out letters to listed applicants on appeals filed

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prior to 2019. If the case has been pending at a whole status, if an applicant or their attorney

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does not contact the ZBA staff to discuss the next steps for their case within the time period

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stated in the letter, the case will be considered abandoned administratively closed. Questions about

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either of these policies should be directed to the Executive Director Tanya Sunkett and the Board

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Attorney Hillary Emerson. I'm going to go over continuances, but Pauline, will you try to contact

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Ishmael? He's having a hard time. He keeps getting kicked out. Sure, Tara. Will do.

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Let's look at our continuances for today.

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Number eight, MI-2022-002-559-2238 North 4th Street.

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That case is continued.

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And number nine, MI 2021-004-829-5604-06 Utah Street.

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That case is continued attorney moving parties.

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Does anybody have in the virtual audience have comments or statements relative to those two cases?

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Good morning again, Chair.

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good morning again chair i see no hands at this time thank you very much

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I see no hearing.

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and number three mi 2022

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002 233 5607 to 13 germantown avenue request from the can from the council woman bass's office for

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continuing because of the coordinating rco needs another meeting is attorney brickland

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in the audience

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miss brickland can you please unmute yourself and wait for the chair

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hello hi good morning counsel do you swear or affirm to tell the truth the whole truth

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nothing but the truth yes i do all right there's a request for continuing

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for this case to have another rco meeting uh yes we understand that we did have an rco meeting

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but none of the near neighbors um were present however mr chair this is a commercial area the

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near neighbors um are all businesses uh the rco members are not um anywhere the rcos are not near

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there and and just one last thing if you will indulge me the applicant is here and he did

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get a petition signed which he's uh prepared to offer from the near neighbors from the actual

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businesses supporting so it's a certificate of a special counsel counsel listen we're going to

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continue this will be marked must be tried the next time okay and what is the date that that

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i'm sorry i'm sorry this is tanya chair may we please have for the spelling of her full name

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sure spell your full name please counsel s-h-o-s-h-a-n-a uh b-r-i-c-k-l-i-n

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all right thank you and you you so you understand this case is being continued

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will be marked must be tried if you have any issues about when it will be listed you'll have

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to contact the office okay okay thank you thank you are there any other requests for continuing

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which is for the this morning's cases chair we have a jessica khali miss khali can you please

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unmute yourself or wait for the chair hi i'm new to this i i i good morning could you state your

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name and spell for the court reporter please jessica kaylee k-a-h-l-e right do you swear

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or affirm to tell the truth the whole truth and nothing but the truth always yes oh and what case

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do you have um i don't have a case i'm uh i live on a street that has a case and i i'm new to this

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but the zoning hearing with i was told is at 9 30 this morning i'll say so you're when we call that

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case you will have an opportunity to uh make comment okay oh so i have to stay on the zoom

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all day stay on the zoom call until until we call the case you don't have a listing of when they

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will come up um can we continue ma'am ma'am you're gonna have to we don't have we have a listing of

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this morning's cases when that's called you will have an opportunity thank you are there any other

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requests for continuances? There are no hands at this time, Chair. Any requests for withdrawal?

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I see no hands at this time, Chair. Thank you very much. We're going to go

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to our add-on list. MI 2022-004-977-2600 Hagrid Street. This is a request for reconsideration.

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i vote no carol tanari my vote is no mr chair um sorry can we use uh no to reconsideration

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and rehearing i'm sorry i forgot to put the full language on there okay for request for

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reconsideration and rehearing i vote no carol tanari my vote is no thomas holliman my vote

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no to reconsideration and rehearing. James Snell, my vote is no to reconsideration and rehearing.

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Ishmael Shahid, my vote is no to reconsideration and rehearing. Mr. Chair, do you want me to

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revote that as no to reconsideration and rehearing? Thank you, that's fine. Thank you.

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Our number two case on this list, MI-2022-003-345-6995 Heachan Street, that's a resumption hearing. Here's an update. Due to the delay in the receipt of the hearing transcripts, the closing statements...

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Due to the delay in the receipt of the hearing transcripts, the closing statements for each party are now due by Wednesday, September 14th at 5 p.m.

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At this time, the Board is still planning to vote on this matter on Wednesday, September 28th at 9.30 a.m.

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Going to our regular list, MI-2022-002-561-2705, Black Lake Place.

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Raymond Derizio is the attorney.

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Recommendation of support from Parkwood Civic Association and a letter of non-opposition from Councilman Brian O'Neill.

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Mr. DiRizio, can you please raise your hand?

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Chair, Mr. DiRizio is coming back in as a panelist now. Thank you.

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Good morning, Mr. Chair and members of the board.

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

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Yes, Raymond Dorizio, R-A-Y-M-O-N-D-D-O-R-I-Z-I-O.

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My address is 2 Penn Center, Suite 520-19102.

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Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you identify your client in relationship to the property?

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Yes, my client is Joe Ritchie.

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He runs Ritchie Transport.

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where he is the owner of that business

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and he leases the property.

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And our vice chair has a few questions for you.

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Good morning, Mr. DiRizio.

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Do you agree to wave the reading of the refusal

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and stipulate to its accuracy?

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Yes, I do.

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Have you emailed the exhibit packet

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with proof of ownership, tax compliance,

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a copy of the refusal or referral,

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photos under plans of the property

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five days in advance of this hearing,

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and have you met with the RCO,

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and do you have a letter?

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Yes, and we have, and I believe it's attached to that packet that was sent in.

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Okay, great. You may proceed and begin with sharing your screen.

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Thank you. Spare with me one moment. I'm going off my iPad here. Sorry.

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okay so 2705 black lace place it's um basically a business my client's been running

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for several years he's looking to legalize the use of it uh he is in sort of an isolated spot

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in the Northeast where it's a business center. Here was the refusal. He does vehicle maintenance

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and repair, but it's basically to his own fleet. He's contracted by AAA to repair vehicles on the

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roadside. So he has, I believe it's about eight to 10 vehicles that go out and service people's

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broken down cars. So when he has his vehicles to repair, he takes them to his shop, which is suite

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300 at this location and he repairs them. He has told me that once in a while when he gets calls

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from some folks that are older, they usually come to his shop to do like a battery change

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which takes maybe a half hour or so, but he generally does not have any cars that

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need repairs that are outside on the property. So he doesn't have a

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a lot of use for parking spots but he does have parking spots and they're used for his vehicles

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that's proof of mailing this is my client's uh lease agreement he just recently renewed it in

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august he's been at this location for several years um let's scroll through that he also

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So these are plans of the location.

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It's a large building.

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I'm going to get to the photos, which may be a little more indicative.

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Again, he got unanimous support.

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So this is a photo of the property.

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There's no residences around it.

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It's isolated.

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There's businesses.

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There's other repair facilities in this location.

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There's a union hall across the street.

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basically open space not many residences here here's a copy of his tax clearance

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so essentially he's seeking to legalize that use so that he can run his business

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and do his roadside service I believe my client may be on I know he was at his uncle's funeral

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this morning so he may be on but yeah I believe he would adopt my testimony if he's out there

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you can get them on there, but we would submit this packet in our submissions and ask for the variants.

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we would submit this packet in our submissions and ask for the variance.

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Let's check the CVs in the audience.

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If he's not, we'll take the attorney's testimony.

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Thank you.

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Mr. D'Rizzo, what's your client's name?

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His name is Joe Ritchie, R-I-C-C-I.

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Mr. Ritchie, can you please raise your virtual hand?

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this is the first time he was using zoom there's a button on your screen

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joe if you're out there and you just hit the hand button or touch the hand button please

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council you're in the office of the court we'll take your testimony

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

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questions or comment questions or comments from the virtual audience

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I've seen no hands at this time, Chair.

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Planning Commission.

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Good morning, Chair Bergman.

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This is Ian Hegarty for the Philadelphia City Planning Commission.

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My name is spelled H-E-G-A-R-T-Y.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir, I do.

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Proceed.

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Thank you.

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Good morning, Board members.

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The comprehensive plan recommends no change to the existing I-1 industrial zoning at this location.

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Typically, this use is permitted in Iowan Industrial Zoning, but for an overlay that exists in this part of the city.

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The proposed use is consistent with previous uses of this building and with the physical configuration of the structure.

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And so the City Planning Commission recommends that the board grant the variance.

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Thank you. MI 2022-002561-2705, Black Lake Place, I vote yes.

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Carol Tannery, my vote is 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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Ishmael Shahid, my vote is yes.

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Thank you, counsel.

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Thank you, have a good day.

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Thank you.

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Number two, MI 2022-002-381-5437 Woodland Avenue.

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Richard DeMarco is the attorney.

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Letter of support from the Southwest District Services.

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looking for an RCO letter.

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Chair, Mr. DeMarco is coming back in as a panelist now.

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I'm here. Good morning, everyone, Mr. Chairman. Thank you.

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

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Yes, Richard DeMarco, D-E-M-A-R-C-O.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Could you identify your client in relationship to this property?

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My client is Steve Gordon, and he's the principal of the owner entity.

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Okay. Our Vice Chair, Carol Tenere, has a few questions.

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Sure.

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Mr. Chair, this is Hillary. I just wanted to interject that we did receive a letter of support from Southwest District Services for this case.

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Thank you.

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Thank you.

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Good morning, Mr. DeMarco. Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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Yes, yes, I can.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,

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photos, and plans five days in advance of this hearing?

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And have you met with the RCO, and do you have a letter?

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Yes, yes to all of the above.

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Thank you.

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You may proceed and share your screen.

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Thank you.

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Yeah, hopefully I can be brief.

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