civus
Hearing video

ZBA Hearing - February 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 24, 20216h 14m

For trash purposes?

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Yes.

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I'd like to see if we can see some photos of the property.

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if you can enlarge that that would be helpful all right so

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all right so it's currently a vacant building yes

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you got a shot of the back of the house or side real close to the back

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All right.

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Tayogi United, Sharon, has not taken a position.

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that's a rear um no uh looks like they said they could not reach agreement okay thank you

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uh miss mcdaniel uh that gray one story looks like one one and a half story building is that

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part of your garage that's a garage is that part of your property yes is there a yard you said

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there's a place for the yard between the um back of that garage but no it's the side of the garage

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where you where the tree is i know you can get that in there so between the back of the house

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and the garage your space yes with the width of the house yes

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any questions from the board no no i'm confused if it's six units or

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four four units four units six bedrooms right okay okay right one two yes right

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all right um anyone else like to testify in this case please raise your hand

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yes chair we have mr charles richardson thank you mr richardson you're still under oath please

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identify yourself. Good afternoon again, Mr. Chair. Charles Richardson from the Office of

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Councilwoman Cindy Bass from 312 City Hall. In so much as the RCO requested another meeting

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and they could not come to any conclusion at the end of the last meeting, the Councilwoman is

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urging them to at least try one more time to meet with the RCO. If they choose not to, then she is

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not going to take a position and we'll leave this uh at the discretion of the board excuse me mr

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richardson can i just point out that this the refusal in this matter was issued in august of

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2019. So this has been going on for quite a while.

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Well, again, you know, we believe that at times conversation can solve a lot of things.

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And from what my understanding is that they were very close, but they just did not get there.

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well you know i don't know the original meeting was because of the when i got started was because

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of the um it was the proposal was six units and uh a commercial space in the basement area

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We went back and changed it to four units, I'm sorry, from six units to four units to have, eliminate the commercial space and to just use that as a storage area and washer and dryers.

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and um that was because that was the uh concern for the first meeting because of the

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the number of units the second meeting was because of the um i think somebody uh some person

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one person or somebody couldn't make the second meeting they weren't uh sure about something and

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wanted to continue it they felt like it was um not enough people i think we had about 10 or 11

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people they felt that it wasn't enough people to make a decision so we've tried to i'm sorry

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and there is one person who's requesting another meeting yes okay thank you all right thank you

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Questions from the board

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I think I asked already

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No

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Chair if I could interject

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We do have a hand

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That was raised

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If it's allowable for them to

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I'm sorry I thought nobody had

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It's Tina Marie Russell

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Okay here we go

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Ms. Russell

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Here we go Mr. Chico

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So I am

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Hold on Ms. Russell slow down

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slow down i don't know if i ever got to swear you in earlier so please identify yourself and

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i'll swear you in tina marie russell north central philadelphia cdc okay and you swear

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and affirm to tell the truth the whole truth nothing but the truth i do thank you please

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proceed so first of all not only am i the rco but i am a resident of the area for both this one and

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other one so anyway what i'd like to say is that i would prefer we have we are overwhelmed and as a

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homeowner we are overwhelmed multi-family homes it is imperative that we try to as much as possible

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protect the the the zoning that's in our area for for maintaining single-family homes i mean the

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And most we should be, if I would, my proviso is that we do a two, you know, just two, two

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families and that's it.

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But, you know, we kiss, there's too many, there's too many high density units moving

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into the community.

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And I would really like to the board to have the applicant come back into the community.

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I know she says she's been here a while, but the ZBA process, excuse me, the RCO process has been having several hiccups because of COVID, and the RCO process has not been moving as smoothly, and this is one reason why she's experiencing some of her hiccups.

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But I really feel that we should have her come back, and we can talk about the simulations and the like.

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all right miss russell did you attend any of the prior two meetings um because i have not

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gotten a notification um i did give this one but it was on a wednesday which is when we have our

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hearings so it's hard for me to do that i think last couple weeks we got out of the hearings at

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what seven almost 7 30 6 30 so it was an all-day thing like today is an all-day thing so it's

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So no, I did not get to that meeting.

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And the one before that in 2019,

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like again, when you have hearings on Tuesdays,

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you have meetings on Tuesdays and Wednesdays,

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it was very hard to do both.

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So no.

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Let's get the planning commission.

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Planning commission.

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I'm Bednar, city planning.

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The property is indicated

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for single family residential use on a city plan.

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We believe the applicant has not demonstrated

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necessarily hardship regarding the requirements of the code the application represents an

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The application represents an inappropriate overuse, not consistent with our adopted district plan.

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inappropriate overuse not consistent with our

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adopt

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We recommend that the request for variance not be granted.

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Thank you. I do believe that there's an overuse myself.

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MI 2020-002607, 1713 Cybert Street. My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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excuse me chair did i wait we're not voting did you say cybert street yeah we're not voting

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we're not voting on cybert

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one wasn't i missed it i apologize 1800 west ontario street i did that twice today sorry

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about it um all right mi2020-000085 1800 west ontario street my vote is no

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my vote is no my vote is no my vote is no my vote is no

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thank you calendar number 2592 2516 north 5th street the attorney i believe is cheryl gaston

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hello i'm sorry

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yes ms gaston

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no i think that was someone else who got one accidentally

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i know that can you raise your hand please

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and she's coming in now as a panelist

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hello hi miss gaston please please identify yourself spell your first and last name

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My name is Cheryl Gaston, and I, it's C-H-E-R-Y-L-G as in George, A-S as in Sam, T-O-N.

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I'm at Spruce Law Group, which is at 1622 Spruce Street.

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We're in the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Carol?

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Yes, do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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And have you emailed the exhibit packet with required documents consisting of proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property 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.

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Thank you. You may proceed.

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I'm sorry. Let me start with the video. Okay. Oh, there. Now you can see me. I'm sorry.

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I am still getting used to this whole process. Okay. Again, this is a, well, I just introduced

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myself. Also here with me is my client who is Guy Malau, if we can make sure that he

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can be heard when necessary. We also have our architect who is Mr. Robert Bernstein and I'm

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not sure if he's on at this minute. But the application is concerning 2516 North 5th Street.

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The application proposes to create a unity of youth to create one parcel for zoning purposes at 2516 and 2518 North 5th Street, and they will be known then as 2516 North 5th Street.

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We are asking to have seven dwelling units total by reducing the existing number of approved multifamily units from 10 units to seven units.

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There'll be three single-family units per building at 2516 and 2518, and then we want to convert a non-residential structure at the rear, it's a garage, to a three-bedroom single-family dwelling.

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There'll also be an accessory parking space.

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We only need a variance for that conversion because it creates what they call a condition of more than one principal building on a lot, which is not permitted in RSA 5, even though what we're doing is we are putting in a single family.

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what we're doing is we are putting in a single-family dwelling which is consistent with RSA 5,

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the zoning for the district. So that's what we are here for, just the approval to have the

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conversion of the non-accessory building to a principal structure or a single-family dwelling.

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And we have met with the, in case you want to see what's going on,

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Okay. Can I have permission to share screen?

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Screen. Yes, you may.

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uh where are we i'm sorry sorry share screen okay

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share give me a second

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I don't know what this is saying.

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So I thought I'd take you to some pictures.

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I don't know what it's doing.

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Can you see the screen?

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Yes.

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Okay, great. Fantastic, wonderful. So this is the site plan. These are some of the floor plans. The buildings facing 5th Street will have one unit per floor.

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So there'll be five two-bedroom units and one one-bedroom unit because 2516, the third floor only goes halfway back to the rear of the property.

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And these are the, this is a site plan for the single-family dwelling.

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this is the dwelling itself this is 2516 and 2518 again I'm sorry and again we have what's my picture

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okay I don't know what it's doing

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Sorry, they were there. Hold on, let me see if I can. Okay, let me do it again. Sorry.

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I don't know what it's it's telling me they're having a problem with the

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storage or something but I had put it up before ah there we are okay all right

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no this is the other one large that's a little bit please no I'm sorry that's the other that's

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my other one. I'm sorry. What are you doing? I'm sorry. You do have a letter of support

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from the RCO? Yes, I do. We had two meetings. There was a preliminary meeting and then there

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was another meeting. And I did submit the packet. I'm sorry.

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All right, why don't we do this? We'll, let me ask the board if they have any questions

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and then we'll move on because you have the next case coming up on Germantown Avenue.

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Yes, I do.

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Okay. Any questions from the board?

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No.

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No.

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No.

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anyone else like to testify in this case if so please raise your hand

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chair we have slone folks thank you good afternoon mr folks please identify yourself for the record

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Thank you. Good afternoon, Mr. Fulks. Please identify yourself for the record.

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again

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Again, good afternoon, Chairman DeChico, ZBA Board, Sloan Fulks, Office of Councilman Ria Quinona Sanchez, Room 5.

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You're still on the oath from earlier. Sorry for that.

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That's okay, sir. That's okay, sir. Thank you very much.

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The applicant, having met with the coordinating RCO in the community and having received a letter of support,

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the councilman's office has no opposition to this variance. Thank you. Thank you very much.

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Planning Commission. Sir Ron Bednar, City Planning. The property is indicated for residential use

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under city plan. Based on this proposed unity of use we have no objection to granting the variance.

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Thank you. MI 2020-002592. 2516 North 5th Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Cheryl, don't move. Calendar number 2594-4637 Germantown Avenue.

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The attorney is Cheryl Gaston. Can you put your name and address on the record, please?

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Again, Cheryl Gaston. I'm at Spruce Law Group 1622 Spruce Street, and this concerns 40...

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Well, you're still under oath. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed the exhibit packet with documents consisting of ownership, tax compliance, refusal referral, photos, plans, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, I do. Thank you. You may proceed. Okay, so let me try this screen sharing thing again. Okay.

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All right.

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Okay, all right, again, this is a,

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Okay. I'm not quite sure what's going on here with the screen sharing because everything

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is in there. It may be because some of the plans are so large that when you try and do

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it on here it's not showing because this is okay these are smaller plans all right okay so let me

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do it this way uh I have on my client who is uh Lorraine uh uh Drake and uh there should be Nicole

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Cole White, who is also involved with Wilson Drake, and the architect, who is Ken Johnson.

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So they are all on.

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So this proposes, again, creating a unity of use to create one parcel for zoning purposes

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is at 4637 through 39 Germantown Avenue.

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And it's going to be known as 4637 Germantown Avenue.

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We want to demolish the existing building

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at 4639 Germantown Avenue,

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which I think is, I don't know what's going on here.

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Where are my pictures?

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Maybe there.

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um okay uh my paralegal is on uh christine

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uh christine schlosser it is

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let me let me stop here for a minute and maybe go back to it and see if i can get this to

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Ms. Christine, I am having such trouble here with this screen sharing. I'm not quite sure why.

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Would you like me to share mine instead because I have this presentation and I can see everything.

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