civus
Hearing video

ZBA Hearing - August 31, 2022

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

Here's a closer view with the curb cut. Again, my clients did not install the curb cut,

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did not install the parking space. It was there. This is one photograph from 2015,

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but I have other photographs at the end of the presentation I think will be better suited

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to explain what happened. So these are the plans that Harman-Douage prepared,

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and we initially presented to the zoning, excuse me, to the zoning committee and the community

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group. And this is the parking space, and then here was part of the rear yard. So what we've

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done since that time. We had trash cans installed here, trash bins, but upon further comment from

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the RCO, we have depicted a trash container, a storage with a lid that you will not see the

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trash cans or the trash. Hopefully that will rectify the situation at the property.

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uh the remaining uh documents are what you would typically see in my presentation

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uh which are the notifications you know let me back up a little bit so again just to show

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the board that the parking space does have the turning radius for a car to be accepted

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into this space as it has been for the last nine years the rest of the documents are tax

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certification, our appeal, our PIF filing, the zoning map, the deed indicating that my client

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purchased a property in September of 2013. All right, so then this is what I want to show the

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board. So here's your chronology. Zoning permit issued September of 2012. Building permit issued

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October 2012. My clients buy the property September 2013. So here's the

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My clients buy the property, September 2013.

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So here's the zoning permit and the building permit, which include the dates I just referenced.

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And then I thought it was good to have some aerial photographs to give you an historical perspective of what happened at this corner.

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So here's the corner property of 11th and Wallace.

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In 2010, they're all vacant lots in that area.

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2012, same thing, a couple more structures, but basically vacant.

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This is 2014.

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When you go to the Atlas maps, they have photographs from 2012, and then they jumped to 2015.

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So I searched Google and was able to find a photograph from September, and I'll blow that up.

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From September of 2014, and again, my clients purchased the property September of 2013,

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and you can see there's clearly a curb cut, clearly there's a car,

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and there is no parking next door.

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2015, you can again see a parking spot.

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My client has, excuse me, a parking spot here,

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and one of the tenants has a car there.

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2016 is the same, and so on and so forth

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up until the present day,

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where my client still has a parking space there.

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So I guess we have a situation where my client,

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in legal terms is a bona fide purchaser for value she paid market value for a property

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was represented to her that would be two family which it was and have a parking spot which it did

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and has since the building was completed in september of 2013 the parking space obviously

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does concern the neighbors not everyone gets to have a parking space we all know how difficult

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it is they'll have a parking space in the city, but simply because folks are upset that they may

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not have a spot, and that's not the only reason they opposed the request. The parking space is

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really taking up one off-street parking spot. It's in harmony with what's been going on for

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the last nine years. No one has been impacted in the sense of the development of adjacent properties

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or any properties in the neighborhood.

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It has an increased congestion.

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It's a swap one-for-one parking space.

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And again, it's been in continuous use for over nine years.

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And again, I'm really between the lines.

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Perhaps there's some concern that now that there's a parking space

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adjacent to my client's parking space,

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which may not have been done per the rules.

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Again, I'm not commenting on that.

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That's what brought my client's parking space to light.

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Had the parking spot next to it not been installed, we may not even be here in front of the board.

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And my client would continue having the parking space used, you know, for eternity.

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So I'm just asking the board to look at the equities of the situation.

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My client really didn't do anything wrong.

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The builder probably puffed a little bit or maybe even misrepresented for beyond any statute of limitations where I could pursue the builder.

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And we're going to ask that the board look at the total package and look kindly upon this request for a variance to maintain this parking space.

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Mr. Clinton, do you want the representative of your client to adopt your testimony?

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Yes, Mr. Chairman.

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Ms. Dong, can you raise your hand?

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Ms. Dong, please unmute yourself and wait for the chair.

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Yes.

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

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Yes, Selena Dong, C-E-L-I-N-A-D-O-N-G.

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Right.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Proceed, counsel.

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Thank you, Mr. Chairman. Ms. Stong, you heard my testimony today?

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Yes.

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Okay. And was my testimony true that when your aunt and uncle purchased the property,

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it came with a parking space?

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Yes.

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And did your aunt and uncle install this parking space?

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No.

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And had they used this parking space for a tenant continuously since 2013 when they acquired the

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property?

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Yes.

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Okay. And if you had the opportunity to testify more fully, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you, Ms. Dahn.

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Is that your case, Mr. Glenn?

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Yes, Mr. Chairman. I rest and ask that my exhibits be part of the record.

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part of the record yes they are thank you uh questions from the board no mr chairman mr

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Yes, they are. Thank you.

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Questions from the board?

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chair no mr chairman no mr chair questions or comments from the virtual audience chair we have

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diane monroe with her hand up miss monroe please unmute yourself and wait for the chair

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hi could you state your name and spell it please for the court reporter

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yes it's diane monroe d-i-a-n-e monroe m-o-n-r-o-e you swear or affirm to tell the truth

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the whole truth nothing but the truth yes i do proceed okay um good afternoon um this has been

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a problem parking space there on the left the the the 100 block of Wallace Street for many years

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arguments the tenant I mean the residents will park in front of that parking space

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they have always been complaining and calling in about that parking space

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And they were very unsuccessful. And they, I did do some research with this and when

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I contacted and went down to LNI, they said that in 2012 that property was built according

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to the permit that was given which indicated a yard and the the current owners purchased that

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in 2013. Elinon went out there and did that final inspection signed off in 2012.

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this is ironic you know and then uh later on that parking space pops up after 20 it appears

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after the purchase in 2013 now um when I pull cameras uh pictures of that area you can see

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in 2020 it was marked um no parking the yellow spot I don't have the pictures like you have

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I don't know how to do that and um exactly right there right there image number two

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that they had a ex put there back there in 2020 to prevent the residents from parking there

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the residents on that block had gotten permit parking before I think they told me about over

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10 years ago they had gotten permit parking on that block and this the owner there put the x

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there if you look at the pictures that I sent you yesterday it would show a faint one not as

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prominent as that one you just seen and what they did um um there's a sign at that corner

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that says permit parking no parking with the arrow showing down it did not skip over 643

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It did not come in. That pole, that yellow pole was recently put in by the owner of 643. And as I said, it's been an ongoing thorn in those neighbors' side.

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And if you could look at the picture that I sent to you guys with the 643 with the trash, not that one, but another one, yeah, that one.

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If you look at that one, if you can see the zoning notification, it's not in an area that the neighbors on that block would be able to see when there's the zoning hearing.

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It is placed in an area that they will have to come, they have to trespass on the property so they can see it. So you may not have, I don't think there will be any residents here to testify.

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It is placed in an area that they will have to come, that the trust.

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I know the block captain, unfortunately, her daughter is in a hospital, and she told me that she will not be able to attend.

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Her daughter is in the ICU.

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But if you can see the trash, this has been going on for a very long time.

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They say rats be running in and out of there, jumping on that trash, turn the raccoons and the possums.

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That's another problem with the neighbors, especially the long-time residents who've been there for years that they have been having with this property.

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The property next to it, if you could show that picture, the property next to it, which is 1027 Wallace Street, the current owner of 643, they own 1037 Wallace Street.

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street they just sold it and you see another parking area there the the owners of 643 north

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11th street one time owned the 1037 wallace street and there's another all of a sudden there's another

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parking that's coming up yeah you just showed it if you could go back you just showed that

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Right. And they own that. They at one time own that 1030s. I'm sorry, 1027s. The address is 1027.

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We want to concentrate on this property. Okay. So let's concentrate on this property.

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Okay. And I take it you're against it. I hear you. I hear you and I appreciate that. But that's

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going to be another one that'll be coming to you guys soon, I know. But the 643 Levin Street

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has been an ongoing issue. It's not owner lived in, it's tenant lives in, and those tenants

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are in and out, in and out. That's a good salesman marketing for the current, the owners of 643.

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So we ask, and that community wish that you would deny that. There's plenty of parking on

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on 11th street where this building faced the main entrance is on 11th street there's plenty

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of parking on 11th street between fairmount avenue and um green street there's no permanent

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parking on that on 11th street so they do have um i can't see a hardship on this the this owner

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of 643 they will not experience any hardship of not having parking there it's easy for them to

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put a fence up like it used to be there um as all you know to contain the trash so i hope that you

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guys will hear what that community is requesting thank you very much for calling in is there anyone

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else in the virtual audience? Chair, we have Regina Farrell. Ms. Farrell, you can unmute yourself and

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wait for the chair, please. Hi, could you state your name and spell it for the court reporter?

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Regina Farrell, R-E-G-I-N-A, F as in Frank, A-R-R-E-L-L. Do you swear for him to tell the

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truth the whole truth nothing but the truth yes okay proceed okay um just to give a further

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explanation as to why there's a concern about them not living in a property the fact is they're not

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even vested in a neighborhood so you have long-time residents who have to look for parking

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every day who's been there 20 30 years so why should people leasing and renting have access

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to available parking every day, number one. Number two, I am actually in my car. I just drove past

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there. They said they created a space for trash. There is a silver trash can there now, over flooded

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over flooded with trash with no can and a recycling bin out there okay so that's not true

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with trash, with no can, and a

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okay thank you thank thank you for calling in is there anyone else

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chair i see no hands at this time plenty plenty commission can i address some of the comments

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real quickly you you could henry okay first of all this parking space to the right of my clients

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is owned by the owner of 645 North 11th Street.

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So whether who owns this, I don't know.

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But this area here, this parking space,

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you can see it's a flag lot.

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It's owned by this property, number one.

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The curb cut, my clients did not install a curb cut.

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They don't have the wherewithal to install a curb cut.

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L&I issued a CO back in 2013.

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Now, if people from the neighborhood

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aren't getting any action from L&I for nine years,

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I find that hard to believe. All you have to do is pick up the phone, call your council person,

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and Ellen and I will be out there. Next, the fact that it's tenant occupied, as I said earlier in

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the presentation, should have no bearing on any decision rendered today. And I didn't say that

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we have a trash container there now. I said that a trash container will be installed if we are

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successful. And frankly, even if we're not successful, there's going to have to be some

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type of trash receptacle put there. Thank you, Henry. Appreciate it. Planning Commission.

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Good afternoon, Chair. Peter Bernard for the Planning Commission.

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Hi. Could you spell your name for the court reporter, Peter?

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Yes. My name is spelled P-E-T-E-R. B as in boy. A as in apple. R as in Roger. N as in Nancy. A as in

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apple arson roger diaz and dog right do you swear for him to tell the truth the whole truth nothing

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about the truth i do chair we see the comprehensive plan recommends no change to the existing rsa 5

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single family zoning at this location the off-street parking spot represents a privatization

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of a public parking space and creates a hazard for pedestrians accordingly the planning commission

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recommends the board deny the variance thank you uh we've had a lot of testimony about this

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I want to run this by the group in an executive session.

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Tanya, are we back next Wednesday?

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Yes, Chair, we are.

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Oh, no, this is Hillary.

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We're not here next Wednesday, the 7th.

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It's the 14th that we'll be back.

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That's right.

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Oh, I'm sorry.

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Thanks, Hillary.

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That's what I thought.

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But that's okay.

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Thank you.

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We will take this an executive session and vote publicly on it on the 14th at 2 p.m.

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Thank you, Mr. Chairman.

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Thank you. MI 2022-002-947-340 Domino Lane. We have exhibits.

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I believe people were looking for an attorney to represent them.

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Is there anyone in the audience for this case?

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I see no hands at this time, Chair.

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Okay. This case will be continued. Mark must be tried.

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Number four, MI-2022-002-922-3415 Haverford Avenue.

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Jarrett Klein is the attorney.

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Recommendation of support from the Mantua Civic Association.

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

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Thank you.

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