civus
Hearing video

ZBA Hearing - April 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 30, 20257h 43m

Yes.

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Would you want to make your presentation now, sir?

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Thank you.

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There's been some late breaking news in this case that I just checked my email and discovered

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that all of the settlement terms that we had requested have been agreed.

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All of the settlement terms that we had requested have been agreed to by the applicant, so I will present the additional evidence, but we are no longer in opposition to this project.

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We are now in support of this project, provided that there are provisos for the construction hours, the weekdays.

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And that both our clients and Mr. O'Brien's clients sign a binding agreement for the terms that were negotiated earlier today.

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So here we are looking at the 1300 block of McKean.

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We're facing north.

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My client's residence is in red.

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It is 1320 McKean.

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The building that we are here for today is 1318 McKeon. It's highlighted in yellow.

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This is another view from across the street showing that this entire block is solely two-story homes.

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uh here we have uh the issue that our clients had presented at the at the previous hearing was

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their concern that the only light that comes into their home will be blocked because of this uh

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this uh construction of the addition and um so the the their window um on the second floor

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is not easy to see, but it is in the area of this red square, and the window that the 1318 McKean

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is over in the yellow. This is a view of the bathroom window that's facing east.

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That was the second floor. That's the one that they were the most concerned about,

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and this is another view of the bathroom window facing east during sunlight where there's

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clear light coming in. And this is natural light in the bathroom that comes that's eliminated

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by the sun. Here we have natural light coming into the second floor hallway also all from the

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bathroom window because there's no other windows available. And here's a view of the middle room

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window uh facing south and uh the middle room window also facing south uh our last view is the

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middle room window that faces south um and uh i will i will add um that uh as mr o'brien um spoke

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to our clients feel that as a result of the of the addition it's really a four-story addition

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onto this onto this structure next to them they will have significant amount of light blocked

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because of the dimensions of the of the addition so they are planning to construct a a skylight

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that will be on their on the roof of their second floor in order to provide the light that is going

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be missing because the addition of the structure is going to knock out all of the clear, unobstructed

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light. And we greatly appreciate the offer from the applicant to contribute to the cost of that,

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which was a cost that was unanticipated and unplanned for by our clients until they discovered

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the plans for this project.

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So at this point, we would rest and ask the board

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to provide a proviso for construction

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only between the hours of 9 a.m. and 5 p.m. on weekdays.

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If there is going to be construction on the weekends,

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we would ask for them to have advance notice to our clients

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on days that there will be weekend construction.

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And then we are looking to complete an agreement with Mr. O'Brien that codifies the agreement that we had around the cost of the skylight.

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Hillary, your response relative to the provisors?

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Yeah, I don't, because L&I, well, there's specific provisions in the code and it's not in the zoning code.

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There are specific provisions in the code that limit when construction activity is permissible.

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So I don't think it would be appropriate for the ZBA to put a proviso in place for that.

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But certainly you can privately understand that that's when the construction would occur.

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I've already offered to Mr. Masters to put it in.

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to put it in oh okay sure sure thank you all right questions questions just one other thing

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Oh, okay, sure.

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Sure, thank you.

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All right, questions, questions?

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Just one other thing.

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just for the record a short housekeeping i'd ask chris karakoff to raise his hand to be recognized

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all right he is he is in the audience yes see your turn uh you're the architect

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hello can everyone hear me i can could you please state your name and spell for this

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stenographer. Sure. My name is Chris Karakoff, C-H-R-I-S-C-A-R-I-C-K-H-O-F-F. Do you swear or

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affirm to tell the truth, the whole truth, and nothing but the truth? I do. All right. Thank you.

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Thank you. Please proceed. Mr. Karakoff, you heard my testimony earlier in this hearing? I did.

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And I made a representation about a SUN study that you performed and I provided to the board.

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Is it correct that that sun study shows no adverse effect on any neighbor as a result of the eight-foot missing setback on the third floor?

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That's correct.

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And the correction on the second floor from 11 feet, seven inches to nine feet, six inches,

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as depicted in the Proviso plan as well as the reduction in the height of the fourth floor to

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reduce the height of the overall structure to 38 feet. Is that correct? That's correct. Thank you.

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Questions for the board? Okay, so just to be clear, since we're not looking at drawings,

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the current height at the pilot house is 38 feet of the roof line.

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me if we could bring up the yeah if anybody could yeah so the two adjustments so height is measured

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i know where the height is measured i just want to know like what is the highest point

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can you can you speak into the microphone please so the height of a structure is a defined term

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it's not the highest point of the structure no i know but i'm asking what is the highest point

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of the structure. So I get what you're saying, but my actual question is, what is the highest

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point? If we can go to the second page, top left corner, I think that's the cross section.

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Oh, this is Ian driving the car. That'll be nice.

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so the cross section will show that the slope of the fourth floor uh goes uh from mccain street

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it then slopes back it reduces in height to the rear of the structure the average of the highest

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point and the lowest point the midpoint is the height of the structure that's that's where we

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get it. I get how we officially calculate roof height. My concern is this is a block that is

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all two stories. I have just checked an atlas. It is two stories for the next five blocks in

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both directions. And so every other house is 20 feet. And I think the concern I know I brought

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up the first time was less the third floor and more the roof deck. And so that this pilot house

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is still putting it almost double the height of any other. It's not a pilot house. It's a fourth

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floor it is okay it's a fourth floor it's labeled as a fourth floor and the act the fourth floor

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roof um i'm just reading the plan where it says top pilot house the cross section is the best

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image to show that because this is the four seasons room that's on the fourth floor right

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yes there are three stories in the neighborhood so you can see uh the structure

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the architect there i am i'm here i'm available

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is he the one trying to get to the no it's not me controlling

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All right. Next page. There you go. That's the cross section on the left side, top. Go bring it down, bring the page down. There we go. That's the image.

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So you see the fourth floor roof is sloped, and that midpoint is where you measure height.

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It's the average of that roof, and that point, as indicated in the plan, is 38 feet.

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Chris Karakoff is still in the audience, and if you have any questions for the architect, probably more in his wheelhouse than mine.

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okay any other questions from the board

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um mr chair i wanted to just have my um client um

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Mr. Chair, I wanted to just have my client authenticate my testimony.

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Sure.

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Can Jenna Ryan please raise your virtual hand?

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We have Jenna Elliott with her hand.

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Yes.

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She's been unmuted and allowed to speak.

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Could you please state your name and spell for the stenographer?

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Sure.

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Jenna Elliott, J-E-N-N-A-E-L-L-I-O-T-T.

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

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I do.

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Please proceed, Mr. Masters.

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Ms. Elliott, did you hear the testimony that I provided earlier today, and do you agree that it was true and accurate and adopted as your own?

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I do and agree.

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Thank you.

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I have no further questions.

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All right.

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um questions or comments from the our attorney hillary emerson not at this time mr chair

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questions or comments from the virtual audience what are you good mr baker wants to make a very

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brief statement okay okay i just wanted to uh why don't you state your name please derek baker and

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i think i swore you right yes sir okay so uh this is going to be short am i right yes sir all right

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I just wanted to thank you for hearing us out.

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We're from the neighborhood, born and raised in South Philly.

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We're having twins tomorrow.

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We're doing this expansion for our family.

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Based on our needs, we engaged in a contractor engineer to design a house that can address our needs.

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We sought input from our neighbors.

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Everybody's been in unanimous support.

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We got unanimous support from the RCO.

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and

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regardless you know I just want to make any further

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concession design on my attorney we'll discuss

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given the fact the variances have been

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requested are very minor

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they have everyone else's unanimous support

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including the RCO so I just want to appreciate

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your time and everything like that

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thank you

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anyone in the virtual audience

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a single hand share

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did you already take a position

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yes planning took a position

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Do you want to change it? No, thank you. Okay, thank you. So, MI 2024-007-538-1318 McKean Street, I vote yes with proviso. Revised plans, one page, stamped by ZBA, April 30th, 2025.

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I can't hear you.

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Hillary, is that right?

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Okay.

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Just let me just check

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because it may it may only be one because it has to match what was originally approved by lni

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or reviewed by lni so just give me one second to check that may be why it's i just put one

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page down because we can't do x we can't add pages to the plane so just give me one second

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okay

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The plans reviewed by L&I were only one page, so we can only stamp one page, as well as

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the proviso form, which explains the changes. Okay. So let me go back again. So

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MI 2024-007-538-138-Nakeen Street. I vote yes with proviso. Revised plans, one page,

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MI 2024 007.

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stamped by ZBA on April 30th, 2025. Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso. Ishmael Shahid, my vote is yes with proviso.

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Tywin, my vote is no, and this is in no way personal to you all.

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I wish you the best, and congratulations tomorrow.

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Maybe you should leave.

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I mean, it's difficult.

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We don't have much time left.

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So you got your votes.

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Are we good?

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Yeah, you're good.

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That's why you're sitting there.

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Thank you, Mr. Chairman.

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Thank you.

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Thank you.

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Thank you, members.

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Thank you, Mr. Masters.

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so number three mi 2024 002 120 963 north lawrence street the vote in this matter has

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been rescheduled to wednesday may 7th at 2 p.m number four mi 2024 000 233 2963 north

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Florence Street, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Tywin, my vote is no.

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Ishmael Shaheed, my vote is no.

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Number five, MI 2024-002-000-800-South 56th Street.

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I vote yes with proviso.

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Temporary variance for a sit-down restaurant expiring 5-1-28.

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Michael Johns, my vote is yes with Proviso.

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Cheryl Gaston, my vote is yes with Proviso.

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Tywin, my vote is yes with Proviso.

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Number six.

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Ishmael Shaheed, my vote is yes with Proviso.

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Number six, MI 2024-004-765-1624 North 26th Street.

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I vote yes with Proviso.

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Maximum two dwelling units, no roof deck or roof deck structure, access structure, no interior storage, revised plans.

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Excuse me, Mr. Chair, that was interior trash storage, not no interior storage.

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Oh, I'm sorry. Yeah, let me go back. Maximum two dwelling units, no roof deck or roof access structure, interior trash storage, proviso.

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Revised plan, one page, stamped by ZBA on April 30th, 2025.

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Michael John, my vote is yes, with Provisos.

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Cheryl Gaston, my vote is yes, with Provisos.

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Tywin, my vote is yes, with Provisos.

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Ishmael Shaheed, my vote is yes, with Provisos.

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At number seven, MI 2023-006-953-2122 West Estos Street, the announcement, the resumption

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hearing in this matter is scheduled for Wednesday, May 28th at 2 p.m.

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and in here we're going to go to our regular list

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we're going to start with number nine mi2025 000324 1600 to 02 chestnut street

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Good afternoon, Mr. Patterson.

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Could you please state your name and spell for this sonographer?

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Good afternoon.

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Ronald Patterson, P-A-T-T-E-R-S-O-N.

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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, I do.

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